Full text of Robert L. Owen Collection, 1913-1946 : Legislative Record of Robert L. Owen, Congressional Record, Proceedings and Debates, 60th Congress, 1st Session Vol. XLII, 1908 and 2nd Session Vol. XLIII, Box 2, Item 1 : First Session

The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.







t

I




CONGRESSIONAL RECORD




C O N T A IN IN G

THE PROCEEDINGS A ID DEBATES
OF T H E

SIXTIETH CONGRESS, FIRST SESSION.

V O L U M E

X L II.

WASHINGTON:
GOVERNMENT PRINTING OFFICE.

1908.




N A M E S A N D PO ST-O EFICE AD D RESSES
OF

SENATORS

u

IN THE

J

<]L

'

FIRST

SESSION

OF

THE

I

SIXTIETH

^

.

(

- ^

CONGRESS.

vy,
Charles
W

il l ia m

W.
P.

F
F

Vice-President, Indianapolis, Ind.
President pro tempore, Lewiston, Me.

a ir b a n k s ,

r ye

,

Home post-office.
-Aldrich, Nelson W ---------- j . ---------- Providence, R. I.
Allison, W illiam B .
Dubuque, Iowa.
nkeny, L ev i_________________
W a lla W a lla , W ash .
Bacon, Augustus O __________
Macon, Ga.
B ailey, Joseph W ____________
Gainesville, T ex.
Bankhead, John H . 0_______
Fayette, A la.
.Beveridge, Albert J_________
Indianapolis, Ind.
Borah, W illiam E ___________
Boise, Idaho.
Bourne, Jonathan, j r ________
Portland, Oreg.
Brandegee, Frank B ________
New London; Conn.
Briggs, Frank O _____________
Trenton, N . J.
Brow n, N o r r i s _______ ;___ . _
_
Kearney, Nebr.
Bryan, W illiam J .fi____
Jacksonville, Fla.
Bulkeley, Morgan G _________
H artford, Conn.
Burkett, Elmer J____________
Lincoln, Nebr.
Burnham , H enry E __________
Manchester, N . H .
Burrows, Julius C ________ I
Kalam azoo, Mich.
Carter, Thom as H _______ Z_Z
Helena, Mont.
Clapp, Moses E ______________
St. Paul, M inn.
Clark, Clarence D _______
Evanston, W y o.
Clarke, Jam es P -------------, ------------- 1 Little Rock, A rk.
^
Clay, Alexander S
~z2L_
M arietta, Ga.
Crane, W . M u rray___
Dalton, M ass.
Culberson, Charles A.
D allas, Tex.
Cullom, Shelby M ____
Springfield, 111.
Curtis, C h a r le s ______
Topeka, K ans.
Daniel, John W ______
Lynchburg, Ya.
"" D avis, J e l l ________________________
L ittle Rock, Ark.
.✓ 'Depew, Chauncey M _____________
New York, N. Y .
JDick, C h arle s_____________________
Akron, Ohio.
-'''D illin g h a m , W illiam P __________
W aterbury, Vt.
D ixon, Joseph M _________ . _____
Missoula, Mont.
D o!liver, Jonathan P _ _ j T _ ___ I
Fort Dodge, Iowa.
du Pont, Heni'y A ________________
W interthur, Del.
Elkins, Stephen B ____
Elkins, W . Va.
Flint, Frank P ____________________ i Los Angeles, Cal.
•Foraker, Joseph B ________________ ' Cincinnati, Ohio.
Foster, Murphy J __________________ Franklin, La.
✓ Frazier, James B _____
Chattanooga, Tenn.
/ V Frye, W illiam , P ____
Lewiston, Me.
- ^ F u l t o n , Charles W _____
Astoria, Oreg.
/
Gallinger, Jacob I I ____________ I_
Concord, N . H .
Gamble, R obert J __________~~ZZ_" Yankton, S. D ak.
— ' Gary, Frank B .c_______ T_______
Abbeville, S. C.
Gore, Thom as P _____________ ”
Lawton, Okla.
Guggenheim, S im o n ______________ Denver, Colo.
H ale. E u g e n e __________________
Ellsworth, Me.
JTansbrough, Henry C ______ZZZ_Z D evils Lake, N. Dak.
Hem enway, James A_____________
Boonville, Ind.

:A :

n Elected in place of Jolm T . M organ, deceased.
6 Appointed in place of Stephen II. M allory, deceased
1908.
r Elected In place o f Asbury C. Latim er, deceased.
d Elected in place of Edmund W . I’ettus, deceased.
e Died February 2 0 , 1908.
f Died December 2 3 , 1 9 07.




Heyburn, W eldon B_
•Hopkins, Albert J_______________
Johnston, Joseph F .d____________
■Kean, J o h n ____ _________________
Kittredge, A lfred B _____________
K nox, Philander C ______________
L a Follette, Robert M __________
Latim er, Asbury C .e_ _ A * . ____
Lodge, Henry Cabot____________
Long, Chester I _________________
M cCreary, James B _____________
McCumber, Porter J ___ . _______
M cEnery, Sam uel D _ _ * A _____
M cLaurin, Anselm J __&L-_____
“Iallory, Stephen R .L - i Z L _____
M artin, Thom as S ________
__
Milton, W illia m H A ____________
^^If-Money, Hernando D _____________
Nelson, K n u t e ___________________
Newlands, Francis G___________
Nixon, George S _________________
Overman, Lee S _______________
Owen, Robert L ._________________
Paynter, Thom as H ______________
Penrose, B o i e s ___________________
Perkins, George C________________’
Piles, Samuel H _ _ _ _ j ___________
Platt, Thom as C___ szzL _________
Proctor, Redfield h
_______ '
Rayner, Isidor __________________ ’
Richardson, H arry A_____________
Scott, Nathan B __________________
Simmons, F . M ___________________

died March 22,

Z_.

Smith, John W a lt e r 1___________
Smith, W illiam A lden ___________
Smoot, R e e d _____________________
Stephenson, Isaac i _____________
Stewart, John W .* _______________
Stone, W illiam J_________________
Sutherland, G e o rg e _____________
■Taliaferro, James P_____________
Taylor, Robert L ________________
Teller, H enry M __________________
Tillm an, Benjam in R _ __________
W arner, W i l l i a m ________________
W arren, Francis E_______________
W etm ore, George P ___________
W hyte, W illiam Pinkney

»

W allace, Idaho.
Aurora, 111.
Birm ingham , A la .
Elizabeth, N . J.
Sioux Falls, S. D ak .
Pittsburg, Pa.
M adison, W is .
Benton, S. C.
N ahant, M ass.
Medicine Lodge, K ans.
Richmond, K y .
W ahpeton, N . D ak .
New Orleans, La.
Brandon, M iss.
Pensacola, F la.
Charlottesville, V a.
M arianna, Fla.
Mississippi City, M iss.
A lexandria, Minn.
Reno, Nev.
Reno, Nev.
Salisbury, N. C.
Muskogee, Okla.
Greenup, K y .
Philadelphia, Pa.
Oakland, Cal.
Seattle, W a sh .
Owego, N . Y .
Proctor, Vt.
Baltim ore, Md.
Dover, Del.
W heeling, W . V a.
Trenton (R . F . d . ) , Jones,
County, N . C.
Snow H ill, Md.
Grand Rapids, Mich.
Provo, U tah.
Marinette, W is.
Middlebury, Vt.
Jefferson City, Mo.
Salt Lake City, Utah.
Jacksonville, Fla.
Nashville, Tenn.
Central City, Colo.
Trenton, S. C.
K an sas City, Mo.
Cheyenne, W y o .
Newport, R. I.
Baltim ore, Md.

IMS01 WI" iam J' BrIa” ’

* Elected in place o f W illiam Pinkney W h y te deceased
[ Elected in place of John C. Spooner, resigned

l D F K S h &i t i cm . Eeaflela Pr° « ° r-




677

COXGEESSIOXAL KECOKD INDEX.
O Y E R S T R E E T — Continued.
Bills and joint resolutions introduced by
Penrose, George H : for relief (see bills [. R . 7 1 98 ,1 64 71)
236, 1659.
P ensions: to increase for total deafnq/ss (see bill H . R.
403) 20.
Perry, O ra n : for relief (see bill H . 1 / 7196 ) 236.
Philippine Scouts: to create office o f/:a p ta m in (see bill
H . R. 6291) 224.
Post-offices: to amend law rela tiv e/to rent o f (see bill
H . R. 19919) 3993.
Power, Jesse T : to increase pensioi# (see bill H . R . 3635)
63.
P ritctard, Evan H : to pension (& 'b ill H . R. 21245) 5208.
Ryan E lizabeth : to pension (se rbill H . R . 10166 ) 376.
Sand t s , D avid B : for relief o estate (see bill H . R.
362 )) 63.
S h o o !, E lia s : to increase pens!
(see bill H . R . 3629)
6 3 .1:
Stoke*, L em u el: for relief (see/b ill H . R . S801) 198
W h eal, Charles W : to inci’eas£ pension (see bill H . R .
3 6 2 ® 63.
W h eat, M attie E : for relief (le e bill H . R . 16235) 1508.
W h ite River, I n d : to survey W est Fork o f (see bill H . R .
2202ft) 6640.
1
W kitin|er, H e n r y : to increase pension (see bill H . R .
7197)1236.
M otions and resolutions offered? by
Adjourn I to 2785, 2849, 2940, 3113, 3191, 3245.
Brick, Abraham L : on death o f 4500.
Committee on Post-Office* and P o st-R o ad s: for payment
o f m essfcger to (H . R /s . 249) 2106.
President .'^notification td 5.
Petitions and fy p e r s presented by, from
Citizens anft in d iv id u a l 67, 128, 203, 243, 382, 606, 629,
766, 816, 9(M5,1 0 6 5 ,1 5 *0 ,1 8 8 0 , 2016,2260, 2419, 2943, 3117,
3118, 3355,^3418, 3 5 3 , 3621, 3687, 3747, 3937, 4263,4455,
4521, 4 7 4 8 ,1 8 9 9 , 49 f6 , 5209, 5262.
Societies and Associations 67, 128, 553, 606, 629, 766, 838,
906, 1319, l i m 1718, 1880, 2325, 2419, 2789, 2943, 3418,
3772, 3995, 4310, 1163, 4341, 4521, 4703, 4S99, 4996, 5397,
6223, 6567.
Rem arks by, on
Emergency currel ty— Vreeland bill 6250, 6253.
Felts shoulder sti ips 3281, 3282.
Letter carriers’ pi
3180, 3297, 3298.
Ocean m ail serviie\6761, 6855.
Penrose, G eorgeftl
relief o f 3014, 3015.
Pneuma tic-tube Jnail service 3186, 3187, 3188, 3189, 3218,
3219.
Post-office appropriat on bill 2775, 2776, 277S, 2779, 2780,
2781, £ 7 8 2 , ‘ 24, 2843, 2844, 3079, 3098, 3099,
3100, j '3101,
02, 3104, 3105, 3106, 3107, 3110,
3111, 3112,
3165, 3167, 3168, 3169, 3170,
317]
3179,
3181, 31S2, 31S4, 3185, 3188,
3185
3190,
3219, 3220, 3221, 3232, 3237,
323
3240,
3243, 3244, 3275, 3276, 3277,
321
3281,
3285, 3287, 328S, 3292, 3293,
J 4 , 3295, 32C
3299, 3300.
conference report n 6757, 6758, 6761, 6S49, 6S50,
m i , 6862.
R ailw ay ■ mil pay 3229, 6 81, 6851, 6S53, 6S54.
Second-clpss m ail matter >53, 2054.
R eports mad# by, from
Com m itted o f conference
P o st-ol»;e appropriation bill\< bill H . R. 18347 ) 6S49,
Committee on Post-Offices and \Post-Roads:
Post-f)fl;ce appropriation bill W bill H . R . 18 3 4 7 : Report
1 1 2 /) 2072.
Joint E ls ta l C om m ission:
Post/1 service (Report 60S) 1%>3.
V otes o f f See Y ea - a n d -N a y V otes .V
O V E R T O F , E. C., relief o f estate (s e a b ill H . R . 18 16 ).
OVERTOP?, H IR A M , relief (see bills 8 . 2 1 4 2 ;

H . R. 8 1 7 8 ).

O V IA TTy A L B E R T E., increase pensioii (see bills H . R . 14349,
1 7 8 7 4 ).
O V I A T T J O H N F., increase pension
O W EN J A L E X A N D E R M.

(see bill H . R. 11 54 5).
\

Report o f Court o f Claim s on claim ^of (H . R . Doc. 441)

478.




O W E N , A N N IE M., increase/tension (see bills H . R . 5S6, 4 1 2 6 ).
O W E N , B E N J A M IN , increjfee pension (see bill H . R . 45 41 ).
O W E N , E D W I N G., incr/ase pension (see bill H . R. 20920).
O W E N , F R A M Y S A ., iClief o f estate (see bill H . R . 2050 5).
O W E N , J. B ., relW f o fe s ta te (see bill S. 2 8 1 ).
O W E N , J A M E S I l M e l i e f (see bill H . R . 20368).
A m en d m en t/ln ^ e n a te making appropriation to pay 2276,
6448. W f k
Papers referred i l ^ e n a t e 6526.
O W E N , J O H M D ., increas^pension (see bill H . R . 1 4 7 6 5 ).
O W E N , JOH84 K ., increase pension (see bill S. 5 9 3 7 ).
O W E N , J O H N R., pension (s e e ^ ill H . R. 11 93 4).
O W E N , J O H N T., relief (see bill H . R. 3 3 7 9 ).
OWEN,

Na t h a
1 3 6 9 6 ).

n ie l

L.,

increase pension

(see bill H .

R.

O W E N , R O B E R T L. (a Senator from Oklahoma)
^ A tte n d e d 331.
/
J
,
Appointed conferee 2961, 3382, 64612
A m endm ents offered by, to
Deficiency appropriation b i ll: Oklahoma constitutional
convention 6060. ^
F ive Civilized T rib e s: bill for removal o f restrictions
from part o f lands o f allottees o fj6189, 6190.
Indian appropriation bill 25S4, 265(>T 2657; 2658.
Indian la iu ls: bill to issue patents in fee to purchasers o f
6597. Vr
>
^
/N a t io n a l banking la w s : bill to amend 1175, 2366, 3873,,
3874, 4003, 4016.
/
•/
Public buildings bill 63S3, 6591.
B ills and joint resolutions introduced by
_____ A lva, O ld a : t o / r e c t public building a t (see bill S. 6125)
3251. V '
----------- granting land for land-office purposes to (see bill
S. 7226) 6872. V
Anadarko, O k la : to erect public building a t (see bill S.
^— '
6123) 3250.
Ardm ore, O k la : to make property o f Carter C o u n t y ,/
Okla., United States ja il at (see bill S. 3418) 5 6 l /
to erect public building at (see bill S. 6115) 3250.
A rkansas River, O k la : to improve (see bill S. 3417) 561.^
Baca, Pablo C iriaco: for relief (see bill S. 3993 ) 715.
Baldw in, Frank D : to promote on retired list o f A rm y
‘ (see bill S. 4053) 770.v
Bales, Frank E : to pension (see bill S, 6247) 3 6 2 7 .v ^
-B artlesville, O k la : to erect public budding a t (see bill
S. 6118 ) 3250. > /
Belt, Robert V ., and Joseph P. M h llen : to adjudicate
Wclaim s o f (see bill S. 4288) 9 1 0 y
Boles, A lfred H : for relief (see bill S. 7244) 7017.
Boles, John J : for relief (see bill S. 7245) 7017,
Bond, G eorge: to pension (see bill S. 7130) 6382!
Bonds o f United S ta te s: for use as legal tender (see bill
S. 4294) 9 1 0 . ^
Breedlove, Napoleon B bnaparte: to increase pension (see
bill S. 6248) 3 6 2 7 . /
Brownlee, Em ory D : fo r relief (see bill S. 7246 ) 7017,*
Cameron, R . A : for relief (see bill S. 7247) 7 0 17 .vu
Cherokee citizen s: for relief (see bill S. 6930) 5 5 1 4 .^
Cherokee fu n d : relative to interest on (see bill S. 4051)
v 770. /
Chickasha, O k la : to erect public building at (see bill S.
6120) 3250. v
Constitution o f United S ta te s: for amendments to (see
S. R . 80) 5514. M
----------- for amendment relative to election o f Senators (see
S. R . 91) 6 6 4 4 .^ /
1
— Departm ent o f L a b o r: to establish (see bill S. 7266 ) 7102
Dietrich, W illia m F., and o th ers: for relief (see bill 8
^ 5277) 1888.V
V
_ Dewey, O k la : to set aside la n d /o r to w i/s ite purposes at
(see bills S. 6246, 7056) 3627; 5969. T
. E1 E en0> O k la : to erect public building at (see bill 8
6122) 3250w
V
u
^ 32^ 0^ ^

‘ t0 erec*
"

building a t (see bill S. 6114)

Five Civilized T rib e s: for removal of restrictions from
part o f lands o f allottees o f (see bills S. 6720 6 7 2 n
4960.?
’ U‘ - - L)

678

CONGRESSIONAL RECORD INDEX.

O W E N — Continued.
Bills and joint resolutions introduced 1)])
Port Gibson, O k la : to establish road from national cemeT & y to (see bill S. 3424) 5 6 2 /
Fort Sill Military Reservation: canceling balance of de­
ferred payments due from settlers in “ Wood Reserve
/ on (see bill S. 4054 ) 770. Fort Sill Wood Reservation: to remit further payments
/ L y purchasers of lands in (see bill S. 4291) 910.
Gaines; James T : for relief of estate (see bill S. 4u0l)
s nod. v
Hamilton, James W : to increase pension (see bill S. G924)




5514. T
Hartsiiorne, O ld a : for relief of people o f (see bill S. 4289)
^910. /
House of Representatives: to allow women to vote for
■/' Members of (see bill S. 3427) 502.
Indians: to amend law relative to sale of spirituous liq­
uors to (see bill S. 7267 ) 7 1 5 4 . /
Initiative and referendum: providing for (see bill 8 .
------- inviting cooperation of j 3tates in establishment of
(see S. R. 94) 6734.V
Irons, A n n a : for relief of estate (see bill S. 6245) 3027. ✓
Kiowa, Comanche, Apache, and Fort Sill wood reserva­
tions : for extension of time to purchasers of lands in
/ s e e bill S. 4290 ) 910. ^
Lawrence, J. P : for relief (see bill S. 5276) 1S88.
Lawton, O k la : to erect public building at (see bill 8 .
6119 ) 3250v
,
Lepoint, Candelaria L. d e : for

„ #,
. ... « oooan
relief (see bill S. 3990)

Love! Robert H : for relief of estate (see bill S. 4500)
s / 2104 /
s
Loyal Creek Indians: to pay balance of award due (see
✓ 'b ill S. 3423) 5 6 1 . /
,
Lucero, Don B ia s: for relief of estate (see bill S. 3990)
v /7 1 5 . /
. m _
McAlester, O kla: to erect public building at (see bill b.
6116) 3 2 5 0 /
Jtfadril, M anuel: for relief (see bill S. 3989) <15.
P la n e s , Edm ond: for relief of estate (see bill § . 40u -) <C
J.
../l i a n i i Indians: for relief (see bill S. 3422) 561. _
.x
Miles Thom as: to pension (see bill S. 7131) 6 3 8 2 . /
Museller, A. R : for relief (see bill S. 7248) 7017. V '
Muskogee, O kla: to erect public building at (see bills b.
- ' ^ 499, 0133) 1 1 0 4 ,3 2 5 0 ./
.
. ... National banks: limiting speculative loans by (see bill b.
3980) 715.
_______ to forbid receiving deposits in excess o f ten times
their capital and surplus -(see bill S. 3987) <1:»
-----------providing means for insurance of deposits by (see
v
bill S. 39S8) 715..
— Oklahoma: to provide home for aged and infirm Indians
in (see bill S. 3420) 5 6 1 /
-----------to establish Indian training school in (see bill b.
3421) 5 6 1 .x
, x
.
-----------to establish fish hatchery and biological station in
(see bill S. 3426) 5 6 2 /
-----------extending time of payment on town-site lots in
✓
(see bill S. 3995) 7
1
5
.
____
----------- granting certain lands to State (see bills S. <0o7,
y
7178 ) 5 9 6 9 /0 5 2 6 ./
_
Onstott, Abraham H : to* pension (see bill S. 7058) o. rU
Osage Indians: conferring jurisdiction upon Court of
Claims to ascertain amount of “ civilization
fu n d ” paid by (see S. R . 67 ) 3034. g
---------- relative to homestead designations of (see S. R.
76) 4 2 0 7 . /
Pawhuska, O kla: for relief of mprehasete of town lots in
(see bills S. 6795, 7207 ) 5099; 0 6 4 4 .x /
Platt National Park, O k la : to establish fish hatchery in
/ (see bill S. 4293 ) 910.'
Public moneys: to penalize false entries of (see bill S.
5854) 272ST
- Quapaw Agency, O k la : for maintenance and establish­
ment of public schools for children in (see bill S. 5779)
2580/
n Redder, W illiam : for relief (see bill S. 3992 ) 735. *
.
v Sequoyah Indian: to erect statue of (see bill S. 3425) 562.
Spillman, E. G : for relief (see bill S. 7249 ) 7017.-^
Stock gambling: to prohibit (see bill S. 5G7S) 2422/
Sulphur, Ind. T : to adjudicate rights of persons who
formerly held town lots at (see bill S. 6471) 4267^

O W E N — Continued.
Bills and joint resolutions introduced by
.Sulphur, O kla: to adjudicate claims of persons formerly
holding town lots in (see bill S. 7206 ) 6644.Tharp, E lija h : to increase pension (see bill S. 6472) 4267.
Tonkawa Indians: to adjudicate claims of (see bill S.
v 4287) 9 1 0 /
/Tucker, Joseph B : for relief (see bill S. 3991) 715.y
/Tucker, M argaret: for relief (see bill S. 3994 ) 715.
Tulsa, O kla: to erect public building at (see bill S. 6117)
3256f"
'urner, Clarence W : for relief (see bill S. 4292) 910.
inita, O k la : to erect public building at (see bill S. 6121)
3250.
/
W illis, F. Edwena: for relief (see bill S. 7177) 6526./
/W ood w ard , O kla; to erect public building at (see bill S.
6124) 3 2 5 1 . /
Motions and resolutions offered by
./C re e k Indians: to prii/t paper relative to claims o f 1102.
'F iv e Civilized T ribes/ inquiry relative to disbursements
from funds o f 6383; 6449.V
•Haskell, C. M : to print memorial r e la tiv e /p r o p o s e d constitutional amendments from 5461.
* Initiative and referendum: to print Senate documents relating to 7 1 5 5 . /
, A
. . — * Initiative and Referendum League: to print memorial ot

6S72.V

, ,

. .

)
/

j

j

1
I
I
1

. I

^ * T M a in e State Referendum League: to print memorial of I
6 9 5 4 .N
^Oklahoma constitution: to print as document 1006
Public m oney: inquiry relative to receipts and disburse/
ments at subtreasury in New York 2 7 2 6 /
/
Ramie industry : to print statement relative to ,274.
/t o n k a w a Indians: to print memorial o f 1173,'
_______ inquiry relative to claims of 0527>"'
Trans-Mississippi Commercial Congress: to print paper
/ r e l a t i v e to experimental farms and stations from 707.
, Uncle Sam Oil Com pany: inquiry relative to discrimina­
tions against 6 6 4 4 .v
_______ inquiry relative to issuance of fraud order against
6644. A-----------to print memorial of 6644 r
Petitions and papers presented by, from
C itiz e n s and individuals 7Gi, 6381. ✓
Societies and associations 6644/ ..
✓
;
/S t a t e legislatures 7 6 ^ 1882; 1883, 1SS4, ISSo, 18S6, -193,
6 3 81 .V
Remarks by, on
/
Battle ships 5 2 7 5 /
Belt, Robert V., and Joseph P. Mujlen relief of 6316. A
Bryan, W illiam Jam es: death of
Choctaw and Chickasaw tftnber 6 0 - 3 . /
Court o f Claims 7113. v
/
\
Election o f Senators by’ people 6803, m i , m > . ^
Vni^rwnpv currency—
E n .ergen cy^«re__ T Aldrich billS /2J 38.-431, ~4.»--,--L><L _
M -4 -< .
SSt G

® / 3863, « C

1«0», 4CWW4008,4009! 4 0 1 0 ^

401* 4 0 1 7 /

______ Aldrich-Vreeland bill 7112, 7113, 7272, 72<3, 7274.
Five Civilized Tribes 25S4, 2585, 25S6, 2587, 2o91, ->■»-»/
2593, 2504, 2595, '2596/
v
J
/|
Five C /i l i z e /T r i b e ^ land restrictions 542o, 5427,
566$; 5735: 6189
2657,
Indian appropriation bill 25S3, 2584, 25S5, 2656,
2658, 2650. v
Investigation of mining disasters SG9S.V
Kaw Indian claims 6597,v6 5 9 8 . /
Oklahoma constitutional convention 0600.
Platt National Park 6324, 6330x
Smith, John W a lter: credentials,of 3 9 5 1 / 7 —
Uncle Sam Oil Company 7046. /
/
Woodward, Okla., public building o _ 3 9 X
Reports made by, from
Committee of conference:
Five Civilized Tribes

land

restrictions

..... T
T
(bill H .

r?
W

15641) 659S. y
Committee on Indian A ffairs:
.
.
• Belt, Robert V., and Joseph P. Mullen ( Report G 4 ’ , t3
- J
• Caddo, Kiowa, and Comanche counties, Okla., town
^
✓ (Report 190) 1 6 6 2 /
.
,
.....
e .,-.v v l
• Five Civilized Tribes lniid restrictions (bills S. b i ^ J
6721; Rei>ort 575 ) 5 3 2 3 / 0 3 0 2 . /

679

CONGRESSIONAL RECORD IN D E X .
P AC E , JO H N , relief o f estate (see bill H . R . 18 58 0).

O W E N — Continued.
Reports made by, from

P AC E , M A R T H A C., increase pension (see bill H . R . 12280).

Committee on Indian A ffa ir s :
^
VHartshorn, Okla., reappraisement (R eport 188) 1662.
Ivaw Indian claims (bill S. 5310) 6 3 0 2 .^
v Kiow a, Comanche, and Aisache ceded lands (R eport 191)
1662'.
Kiow a, Comanche, and Apache reservations and Fort
Sill W ood Reservation (bill S. 4290 ) 6302.
* 'O k la h o m a town sites (Report 189) 1602, 6 3 0 2 .J .
’ Osage civilization fund (R eport 627)
/
* Paym ents to Cherokee citizens (R eport 626 ) 5S 45.V
'
- Sale o f timber on segregated coal and asphalt lands o f
Choctaw and Chickasaw nations (R eport 623) 5S45 j
/
* Segregating for town sites certain lands belonging to
Chickasaw tribes (R eport 625) 5 8 4 5 .y
Turner, Clarence W . (b ill S. 4292) 6 3 0 2 .X
Committee on the Public L a n d s:
y
Dewey, Olda., town sites (R eport 6p l) 6174, 6226
< Platt National Park (R eport 652) 6174, 6 2 2 6 ./
V otes of. See Y e a - a n d - N a y V o t e s .
O W E N , S IL A S R., increase pension (so(b bill H . R. 4 1 0 6 ).
O W E N , W IL L IA M R., relief (see b illA l. R. 1119 8).
B ill to correct m ilitary recordp t (see bill S. 4 3 0 ).
O W E N COUNTY, K EN TU C K Y
O W E N S , A L M A R E E N , relief (s e e A ill H . R . 17206).

P A C IF IC M A IL S T E A M S H IP C O M P A N Y
Estim ate o f appropriation to pay claim of (H . R . Doc.
9 1 6 ).
P A C IF IC SLO P E
Joint resolution to institute suit against certain corpora­
tions holding land grants on (see S. R . 4 8 ).
Resolution of inquiry in Senate relative to land grants
held by corporations on, passed 1366, 1448.
M essage o f President transm itting statement o f grants
o f public lands to corporations on (S . Doc. 279 ) 2084.

(see

bill H. R.

1505 1).

PACK,

O W E N S , C H A R L E S J., pension <see bill II. R. 4 9 55 ).
(see bill H . R.

M A R Y J A N E , increase pension
9 5 8 6 ).

(see bills H . R . 2429.

P A C K , S A M U E L N ., pension (see bill H . R . 13 4 1 8 ).
P A C K , W I L L I A M , increase pension (see bill H . R . 1 8 1 6 8 ).

O W E N S , JACOB, pension (see bill H . R. 6 7 1 ).

P A C K A R D , C A R O L IN E M ., increase pension (see bill S. 4 5 8 4 ).

O W E N S , JA M E S, correct m ilitir y record (see bill H . R. 73 38 ).
O W E N S , JO H N , increase pension (see bill H . R. 19 13 2).

O W E N S , S A R A H L., p en sion !(see bill H . R 2 0 9 9 0 ).
(see bill

P A C K A R D , J O H N A ., increase pension (see bill S. 1 4 2 1 ).
P A C K E R , R. J., A N D M R S . R . V ., relief o f estate (see bills S.
1 8 S 2 ; H . R. 11 49 8).

O W E N S , R O B E R T , increase pension (see bill H . R. 2 0 53 7).

pension

B ill to establish station for investigation of marine
fishery interests o f (see bill S. 3 4 3 3 ).
B ills to construct steam revenue cutter for service on
(see bills S. 3647, 4 0 9 8 ).
B ills to provide for rapid defense o f ports on (see bills
H . R. 13452, 14780, 14784, 1 4 78 5).
Scheme o f fortifications for 3666.

PACK, HARRISON, correct military record

O W E N S , B A IL E Y , relief (see bill H . It. 1 1 0 9 ).

increase

PACIFIC COAST

P A C K , G E O R G E W ., pension (see bill H . R . 1 2 5 5 4 ).

O W E N S , A M A N D A , relief (see bjfl H . R. 9 6 4 4 ).

O W ENS, TARANDOCTY,
JL i-O).
uO

P A C E T T Y , A D O L P H U S N., pension (see bills S. 1 7 5 8 ; H . R.
2 6 8 0 ).

P A C K , D A N IE L , pension (see bill II. R. 5 1 3 7 ).

B ill for relief o f (see bill S .^ 3 8 2 ) .

O W E N S , G R A N , remove ch argf o f desertion
14 56 0).

PAC E , R IC H M O N D , relief of estate (see bill H . R. 1 0 3 1 ).

P A D D O C K , B E N S O N W ., pension (see bill II. R . 8 3 5 2 ).
H.

R.

P A D D O C K , G E O R G E H ., increase pension
6 1 9 2 ).

(see bills S. 4585,

O W E N S , W E S L E Y , increase pension (see bill H . R . 12050).
O W IN G S , SA M U E L , increase pension (see bill S. 3 6 7 2 ).
O W N B Y , T H O M A S , correct m ilitary record
8 2 0 ).
i
O W O S S O , M IC H IG A N

(see bill H . R

P A D G E T T , E L L IS T., pension (see bill S. 2 1 5 4 ).

/

B ill to increase appropriation for public building at (see
bill H . R. 1 7 9 8 ® .
O W S L E Y , A L E X , pension (see bill i t R . 1 1 05 2).
OXFORD, N EW YORK
B ill to furnish# condemned cannon to Adm iral Meade
Post, G. A . It., a t (see bill II. i t 19249).
O X F O R D , N O R T H C A R O L IN A
B ills to erect public building at (sfee bills S. 3 7 3 1 ; Hi R.
1 101)) •
)
O X L E Y , M IL F O R D W ., pension (see b ills‘£ 5 4517, 6 1 9 2 ).
.
O Y L E A R , J O N A T H A N C., increase pension
10J02, 11^03).
O YSTER BED S.

P A D D O C K , J O H N A ., increase pension (see bill S. 7 0 9 0 ).
P A D D O C K , O SC A R A ., pension (see bill H . R . 71 13 ).
B ill to increase pension o f (see bill H . R. 1893 0).

(see bills H . R.

See R a b i t a n B a y .

O Z A R K M O U N T A IN S
B ill fo r / acquiring national forests in \ (se e bill H. R.
15938|.
O Z A R K N A T IO N A L F O R E S T R E S E R V E A N D G A M E P A R K
B ill to establish (see bill II. R . 2 1 4 8 7 ).
\
O ZM E N T , M A R T IN H ., increase pension (see b ill H . R. 2 0 29 6).

P A D G E T T , J O S E P H M „ A N D O T H E R S , relief
5 5 2 8 ; H . R. 2 0 3 0 3 ).

(see bills S

P A D G E T T , L E M U E L P. (a R epresentative from Tennessee)
Attended 4.
Appointed on commijttees 426.
Appointed conferee $454.
Appointed m em b er, o f N ational Monetary Commission
7312.
A m endm ents offered byi to
N avy appropriation bill 4834, 4S36.
B ills and joint resolutipns introduced by,
Adkins, E lijah W e to increase pension (see bill H . R
10167) 376.
Alexander, G. 'M. t> : for relief (see bill IL R. 1844) 41.
Am is, Jonathan: for relief (see bill II. R. 7204) 236
Anderson, Josephfcie O : for relief (see bill II. R. 1859) 41
Anderson, Stephan: to pension (see bill II. R . 18177)*
Bailey, S. II., s r : for relief (see bill H . R

1827) 40

Ba, o l o \ J?A
8eph W ” s r : for relief o f heirs (see bill H . H .
i o28 ) 40.
Beasley W illiam M : for relief (see bill H . R. 1833) 41
Beiser, Joseph: to increase pension (see bill H . It. 1851)

O ZM U N , E D W A R D II., relief (see bills S. 17 03; H . R . 896S).
P AC E , H A R D Y , relief of estate (see bill II. R . 1 4 i l 4 ) .

Bennett, A lexa n d er: for relief (see bill II. R . 1836) 41

P A C E , H A R V E Y A ., pension (see bill II. R. 19026)',

B TsS58 f ' 3008.U H : f ° r ielief ° f eState (see W

P AC E , JA M E S , correct m ilitary record (see bill H . R . 3 2 1 1 ).

B 0 SO ) 4 0 ? ja m in : f0r rGlicf 0 f estate <see hill H. R.
1 O




H

It.

mm

m

680

— U

M

I

CONGRESSIONAL RECORD INDEX

P AD G ETT— Continued.
Bills and joint resolutions introduced by




i l U

Bratsehi, John H : to increase pension (see bill H . R.
19537) 3549.
Brewer, H . J : for relief (see bill H . R. 1831) 41.
Brison, J. J : for relief o f estate (see bill H . R. 1811) 40.
Buck, Randall, formerly Randall Conn: for relief (see
bill H. R. 1829) 40.
Buyers, N, M : for relief o f estate (see bill H . R. 1802) 40.
Caldwell, B. H : for relief of estate (see bill II. R. 1812)
40.
Cheairs, N. F : for relief (see bill H . R. 11147) 452.
Columbia, T en n : for relief of St. Peter’s Protestant
Episcopal Church at (see bill II. R. 8752 ) 324.
Crews, D. B : to pension (see bill H . R. 13615) 669.
Curry, N athan: for relief of heirs (see bill H . R. 1S60)
41.
Davis, John: to increase pension (see bill H . R. 7199)
236.
Ezell, A m a sa: for relief of heirs (see bill H . R. 20049)
4087.
Foresee, D a n iel: for relief of estate (see bill H . R. 18859)
3008.
Franklin, Louis M : to increase pension (see bill H . R.
1S45) 41.
Franklin, Tenn., Confederate Monument Association: to
furnish condemned cannon to (see bill II. R. 13077) 602.
Franklin, Tenn., Military National Park J to establish
(see bill II. R. 310) 18.
Franklin, Tenn., Missionary Baptist Church* for relief
(see bill H . R. 15084) 1063.
Freiulenthal, Gustave: to increase pension (see bill II. R.
1S50) 41.
Galley, H ira m : for relief of estate (see bill II. R. 7206)
237.
Garrison, Nancy P : for relief of estate (see bill II. R.
1823) 40.
Gobble, Edward W : for relief (see bill H. R. 1856) 41.
Gordon, Bolling and R ichard: for relief o f estates (see
bill II. R. 1798) 40.
Grant, Edw in: for relief o f estate (see bill II. R. 1825)
40.
Grigsby, W illia m : for relief o f estate (see bills II. R.
1819, 11148) 40, 452.
Grimes, John I I : for relief o f estate (see bill II. R. 1820)
40.
Grubb, John A : to increase pension (see bill II. R. 20343)
4364.
/
Hardin, James W : for relief (see bill H , R. 1826 ) 40.

2052.
heirs (see bill H . It.
Henderson, Jam es: for relief o f/ hei
ief
15430) 1169.
Henry, Jane: for relief (see bill p . R. 1S39) 41.
Hickman County, T en n : to establish fish-cultural station
sta/>lis
in (see bill II. R. 513) 22.
Hines, Pleasant: for relief of Weirs (see bill H. R. 1801)
41.
Holoran, M ichael: for relief of/lieirs (see bill H . It. 1830)
41.
Holt. W illiam : to increase peifsion (see bill II. R. 11144)
452.
Horner, Thom as: to increase pension (see bill II. It.
1849) 41.
Huey, James H : for relief of estate (see bill II. R. 1807)
40.
Johnson, Isa ac: for relief o f estate (see bill H . It. 1805)
40.
Johnson, W illia m : for relief o f estate (see bill II. R.
1810) 40.
Kelly, H enry: for relief of estate (see bill H. R. 1814) 40.
Kelly, W illiam D : to increase pension (see bill II. It.
13614) 668.
Kilburn, W . A : for relief (see bill II. R. 1855) 41.
Larkins, Jam es: to increase peusion (see bill II. R. 1852)
41.
Lawson, Thomas J : for relief (see bill H. R. 1832 ) 41.
Lewis, Meriwether: to erect monument to (see bill
H. It. 18510) 2785.
Long, Lem uel: for relief o f estate (see bill II. R, 1818)
40.
Long, W . B : for relief of heirs (see bill H. R. 21975)
6440.

P A D G E T T — Continued.
Bills and joint resolutions introduced by
Lynch, Jane: to increase pension (see bi’ l H . R. 7201)
236.
McKim, George W : to increase pension (see bill II. R.
1846) 41.
McKissock, John W : /o r relief of estate (see bill H . R.
17199) 2052.
McLaurine, F. T : for relief of estate (see bill II. R.
1822) 40.
McNeal, Robert r to increase pension (see bill II. R.
14594) 903.
Mastilla, H en ry: to increase pension (see bill II. R.
13613) 068'.
Mealor, M erida: for relief (see bill II. R. 1853) 41.
Milhous, J. A : for relief of estate (see bill H. It. 1S06)
40.
Mills, Jonathan: for relief of estate (see bill II. R. 7205)
237.
Montgomery, W illia m : for relief (see bill II. R. 21116)
5047.
Moore, W . I t : to increase pension (see bill II. R. 15429)
1169.
Morris, John It : to increase pension (see bill II. R. 1847)
41.
National-bank notes: providing for issue and circulation
of (see bills II. It. 13604, 13848) 707, 762.
Nelson, P. H : for relief (see bill H . It. 1837 ) 41.
Nichols, James K : to increase pension (see bill H . It.
7200) 236.
Nixon, Mrs. Sarah E : to increase pension (see bill H . R.
11145) 452.
Nolensville, Tenn., Methodist Episcopal Church South:
for relief (see bill II. It. 8751) 324.
Overton, E. C : for relief o f estate (see bill II. R. 1S16)
40.
Patton, Mrs. H en ly ; for relief of estate (see bill H . R.
1808) 40.
Perkins, N. E : for relief of estate (see bill II. R. 1801)
40.
Perry, N athan: for relief of estate (see bill II. It. 1813)
\
40.
Pewitt, Sarah : for relief of estate (see bill II. It. 1799)
\
40.
Phelan, D. S : for relief o f estate (see bill H . R. 1815) 40.
Pillow, George: for relief (see bill H . It. 1843 ) 41.
Pritchett, Joseph J : to increase pension (see bill II. It.
m 8 ) 41.
Puhifcki, T en n : to erect public building at (see bill II. R.
629fl0 224.
*
R am sy,\Jam es: for relief of heirs (see bill II. It. 1857)
4L
\
Reed, JoHn D : for relief (see bill II. It. 18341 41.
Reid, W . sK for relief (see bill II. It. 1S35) 41.
Roberts, A m }rew : for relief of estate (see bill II. It.
1
^ 40.
1803) 4 0 \
Scott, AndrewV for relief of estate (see bill II. It. 18091
40.
'
Seay, D an iel: fo \ r e lie f of heirs (see bill II. It. 13227)
604.
\
Skillern, Martha B ) for relief of estatd (see bill II. It.
18S57) 3007.
\
Smith, M um ford: for relief (see bill II. It. 19344) 3353.
Smith, W illiam B : fo r \ e lie f of estate (see bill II. It.
1804) 40.
\
Sprott, B ly th e: for relief <ft estate (see bill IT. It. 181 1)
40.
\
*
Sprott, James P : for relief (see bill II. It. 1840) 41.
Stevens, M arcu s: for relief (s e e \ ill II. It. 7203 ) 236.
Stockard, J. S : for relief of estatX (see bill H . It. 1824)
40.
Teas, J. W : for relief (see bill II. It. R sH ) 41.
Tidwell, W illiam G : for relief (see bill II. It. 1842 ) 41.
Truett, Thomas S : for relief (see bill II. It. 1858 ) 41.
Webb, Woodson H : for relief of estate (see bid H . R8753) 324.
W illiam s, Robert T : for relief o f estate (see bill H .
1821) 40.
^
Woody, J. S : for relief (see bill H, R. 1841) 41.
Workman, R ichard: for relief (see bill IL It- 7 2 "2 ) 236*
W right, John V : for relief (see bill H . It. 1838 ) 41.
Wvmer, E m m a: to increase pension (see bill II. R. 11143)
452.

YI
YI
YI
YI
YI
YI
YI
YI

YI

YI

YI

Y)

923

CONGRESSIONAL RECORD IN D E X .

| Y E T M A N , C O R N E L IU S S., increase pension (see bill H . R.
Y E A -A N D -N A Y V O T E S IN S E N A T E — Continued.
6668).
C u rrency: on bill (S . 3023) to provide for Asue o f addi­
tional national-bank circulation 3804. 3873. 387(5, Y E T T E R , H E N R Y C., increase pension (see bill S. 6 5 4 9 ).
3064, 3066, 4001, 4002, 4013, 4017, 4023, 4025.
Y IN G L IN G , E Z R A J., increase pension (see bill H . R . 1 8 8 3 ).
----------- on bill (II. R. 21871) providing for additional na­
tional-bank circulation 7 2 ($ ir ^
Y O A C H U M , JA C O B , increase pension (see bills S. 2527, 4 6 6 S ).
D rainage o f la n d s: on bill (S . 4855) appropriating re­
Y O A S T , J A M E S S., increase pension (see bill S. 3 3 6 6 ).
ceipts from sales o f public lands for 4 9 7 1 /
E m ployers! lia b ility : on bill (H . It. 20310) relative to Y O D E R , J A M E S , increase pension (see bill H . R . 5 4 2 3 ).
4538, 4543, 4555, 4550.
N ational b an k s: on bill (I I. R . 21871) to amend the na­ Y O D E R , N A T H A N W ., increase pension (see bill H . R . 1 7 9 1 0 ).
tional banking law s 6 3 2 3 /
Y O O S T , R O B E R T C., increase pension (see bill H . R . 6 0 0 0 ).
N aval appropriation bill (H . R . 20471) 5104, 5105, 5108,
5291, 5292.
y
Y O R K , A N D R E W E., pension (see bill II. R . 5 1 9 1 ).
Order o f business 71G9, 7396, 7266.
J
Y O R K , A N D R E W M ., increase pension (see bill H . R . 1 2 0 6 7 ).
Post-office appropriation bill (H . It. 18347) 6131.
Public bu ildin gs: on bill (B L R . 21897) to erect, enlarge, Y O R K , C H A R L E S E., increase pension (see bill H . R . 4 2 1 7 ).
and purchase sites for 6589V
Y O R K , H E N R Y M., pension (see bill H . R. 1 6 5 6 6 ).
Public buildings and grounds, D istrict o f C olu m b ia : on
4 7 6 7 (^*
t0 purcbase grounds for public buildings Y O R K , J O S E P H I., relief (see bill H . R . 1 4 5 4 ).
Y O R K , P E N N S Y L V A N IA
R ainy R iv e r : on bill (H . R. 15444) to extend time for
B ill to erect public building at (see bill II. R . 4 1 ) .
construction o f dam across 6 8 2 4 /
S e n a to rs: on join t resolution for amendment to Constitu­
| Y O R K , W I L L I A M A ., increase pension (see bill S. 7 1 4 4 ).
tion relative to election o f 6806. J
Smith, John W a lte r : on resolution to refer credentials as Y O R K C O U N T Y , P E N N S Y L V A N I A
Senator from M aryland to Committee on Privileges
B ill providing for special parcels-post system in (see bill
and Elections 3954.
II. R . 10 5 0 4 ).
Snake River, W a s h : on bill (H . R . 7618) to allow Benton
W a ter Company to dam 4227.
Y O R K E , L O U IS A ., relief (see bills II. R . 10205, 11025, 2 1 2 0 0 ).
T erritories: on bill (H . It. 21957) relating to affairs in
Y O R K E R , L I Z Z I E , increase pension (see bill H . R . 1 4 3 3 4 ),
6827.
W y o m in g : on bill (S . 6190) for resurvey o f certain Y O S E M IT E N A T IO N A L P A R K
townships in 7042.
Joint resolution to allow city and county o f San F ran ­
cisco, Cal., to exchange certain lands in (see II. J. Res.
Y E A G E R , A N N I E B ., pension (see bill H . R. 9 5 3 6 ).
1 8 4 ).
Y E A G E R , D A N I E L M., pension (see bill S. 1 7 2 3 ).
Am endm ent in Senate m aking appropriation for protec­
tion and improvement o f 5846.
Y E A G E R , JO H N , increase pension (see bill H . R. 5 2 7 5 ).
Y E A G L E Y , SO L O M O N W ., increase pension
68S0, 18754).

(see bills II. R

Y O S T , F A N N IE E ., pension (see bill H . R . 1 3 7 5 9 ).
Y O S T , JAC O B , relief (see bill H . R . 8 3 4 ).

Y E A K E Y , A N D R E W J., increase pension (see bill H . R . 8 2 2 0 ).
Y E A Z E L L , A N D R E W H „ increase pension (see bills S. 632r
>
6 6 2 5 ).

Y O S T , J O H N H . T., pension (see bill II. II. 1 5 5 4 0 ).
Y O U G H IO G H E N Y R IV E R , P E N N S Y L V A N IA
Report o f Secretary o f W a r on exam ination o f
Doc. 330) 305.

Y E IS E R , G R E E N , increase pension (see bill H . R. 12 54 5).

(II. R.

YELLO W FEVER
.

Y O U L A N D , H A T T I E J., increase pension (see bill FI. R . 5 0 6 6 ).
Joint resolution for appointm ent,of commission to investi- >
Y O U M A N S , E., relief (see bill FI. It. 10 19 1).
gate arsenigation theory for prevention o f (see H . J. i
lies. 1 6 0 ).
Y O U N G , A D A M , pension (see bill FI. R. 7 9 9 8 ).
Y O U N G , A L F R E D L, increase pension (see bill H . R. 2 0 5 3 8 ).

YELL O W STO N E COUNTY, M ONTANA
B ill for relief o f homestead entry men within lim its o f
H untley irrigation project in (see bill H . R. 1 4 04 3).

YO U N G , A N D R E W J., pension (see bill H . R . 3 0 6 6 ).
YO U N G , A N N A L., pension (see bill H . R. 7 0 5 6 ).

Y E L L O W S T O N E N A T IO N A L P A R K

YO U N G , A R M A N D D ., relief o f estate (see bill H . R. 1 3 1 4 2 ).
Resolution o f inquiry in Senate relative to road build­ YO U N G , B . J., relief (see bill H . R . 45 8S ).
ing in, passed 2960.
Estim ate of appropriation for surveying and marking YO U N G , C. R., relief o f estate (see bill II. R. 8 7 0 8 ).
boundaries for (H . It. Doc. 662) 2013.
YO U N G , C A R R IN G T O N A ., relief .(see bills S. 6 5 2 1 : H R
Letter of Secretary o f W a r transm itting report o f sur­
20200).
vey for wagon road at Mammoth H o t Springs (H . It. :
YO U N G , C A T H E R IN E J. V. R A C E Y , pension (see bills S. 644,
Doc. 502) 762.
47 40 ).
Report o f Secretary o f W a r relative to road building (S
Doc. 393) 3419.
YO U N G , C H A R L E S A ., increase pension (see bills S. 3357, 6071,
6139.
Y E L L O W S T O N E R IV E R , M O N T A N A
Concurrent resolution in Senate for survey of, passed
Senate 460, 770, 1109, 1137.

Y E L L O W S T O N E V A L L E Y S T E E L B R ID G E C O M P A N Y
B ill to allow them to bridge Missouri River (see bill S.
0 4 5 8 ).
Y E O M A N , S U S A N M., A N D O T H E R S , increase pension
bill II. R . 15 89 ).

(see

YO U N G ,

C H R IS T O P H E R ,
31 47 ).

increase pension

Y O U N G , C O R D E L IA A ., increase pension
5 5 8 9 ).

(see bill H

R
‘

(see bills S

‘

2045
’

Y O U N G , E. C., relief (see bill H . R. 14 24 2).
YO U N G , E . C. A N D O. P., relief (see bill H . R . 2 2 6 6 ).
Y O U N G , E D W A R D T. ( petition er)

Y E ItB A B U E N A IS L A N D , C A L IF O R N IA
B ills to enlarge and improve light-house depot at (see
bills S. 5341; II. R. 17882).
Amendment in Senate making appropriation for improve­
ment o f light-house depot at 5325, 5402.




D f s ! Z , c ! m f 7 m C° UIt ° ‘ V M e i Statcs in case ot
Dissenting opinion o f Mr. Justice H arlan o f Sunrenm
Court of United States in case o f 4853.
preme
YO U N G , E L I II., increase pension (see bills S. 650S, 68 12 ).

CONGRESSIONAL RECORD INDEX.
Y E A -A X D -N A Y VO TES IN H O U S E — Continued.
Y E A-A NT)-NAY VO TES IN H O U SE — Continued.
Recess 4453, 4699, 4744, 4810, 4895, 491 >3, 5045, 5093, 5144,
Key W est H a/bor, F l a : on bill (H . R. 22009) to remove
5206, 5317, 5392, 5455, 5508, 5565, 5692, 5765, 5769, 5837,
certain obstructions to navigation in main ship channel
5964, 6169, 0220, 6296, 6376, 6438, 6518, 6564, 61538, 6<2i,
in 6720.
6733, 6868, 6947, 7013, 7099, 7152, 7217, 7218, 7279.
La Pierre, John A . M., and others: on bill (H . R._603)
Regattas and marine parades: on bill (S. 6028) to pro­
granting pensions and increase of pensions to 5177.
vide for safety o f life on navigable waters during 5201.
Legislative, executive, and judicial appropriation bill
Revenue-Cutter Service: on bill (S . 24) to increase effi­
(H . R. 168S2 ) 6545.
ciency of personnel o f 4560.
Life-saving stations: on bill (S . 3495) transferring books
Rights o f way through certain military reservations: on
from Treasury Department library to 7310.
bill (S. 6200) granting 6993.
Light-House Establishment: on bill (H . R. 20784) au­
Rock Creek Park, District of Colum bia: on bill ( S. 4441)
thorizing additional aids to navigation in 5940.
to acquire additional land for 7002.
Lilley, George L : on resolution to adopt report o f select
Rules o f H o u se: on resolution adopting 9.
committee on investigation of charges made by 6624.
----------- on resolution (H . Res. 341) modifying rule rela­
Memorial University, Mason City, Io w a : on bill (H . R .
tive to motions for suspension of rules 4978.
20658) to issue arms, accouterments, and ammunition
R u ssia: on resolution of inquiry relative to negotiations
to 7284.
with Russian Government concerning American pass­
Michigan City Harbor, In d : on joint resolution (S . R.
ports 1841.
v
,
_
.
T ,
_.
79) for widening channel of 6041.
Snake R iver: on bill (IL R. 7618) to allow Benton b n e:
Military Academy appropriation bill (H . R. 21S75) 6343,
Company to dam 4324.
6769, 6987.
*
„
Special orders: on resolution for special order f<>i
M ilitia: on bill (S . 4316) to amend act to promote effi­
(II. R. 20063) making annual appropriations for
ciency of 6946.
, .
. .
the District o f Columbia 4350.
Minnesota: on bill (S. 4186) to create national forest in
-----------on resolution for special order for bill <H. R.
6430.
_ ,
20471) making annual appropriations for the
----------on bill (H . R. 19541) for drainage of lands in
Navy 4505, 4509, 4510.
5023, 6107.
_______ on order for special order for sundry civil appro­
National banks: on bill (H . R . 21871) to amend the
priation bill (H . R. 21260) 5802.
-----------on resolution for special order for bill (H - «•
national banking laws 6294, 6375.
National Forest Commission: on bill (H . R . 219S6) to cre­
21871) to amend the national banking laws 0-48.
_______ on resolution for special order for general appro­
ate 6705.
. . .
.
National Home for Disabled Volunteers: on joint resolu­
priation bills returned With Senate amendments
tion (II. J. Res. 178) for appointment o f members of
4370.
0093
_______ on resolution for special order for general appro­
N aturalization: on bill (II. R. 21052) to fix fees in nat­
priations bills reported from Committee of the
W hole 4514, 4ulo.
.
uralization proceedings 6039*
. \ 4038 5454 6163
_______ on order (No. 5) for special order for joint resolu­
Naval appropriation bill (H . R. 204< 1) _ 4b3S,
tion (S . R. 48) to institute suit against certain
N aval station at Pearl Harbor, H a w a ii: on bill (H . R.
corporations holding land grants on Pacific slope
20308) to establish 4447.
A
Navigation la w s: on bill (H . R. 21815) to amend 690o
5121
_______ on motion for special order for general deficiency
New M exico: on joint resolution disapproving certain
appropriation bill (H . R. 21946) G473.
laws enacted by legislature o f 6029Spokane Indian Reservation: on bill (3 . 6163) for sale
Oil and asphaltum lauds: on bill (H . R. l i S - < ) to pro­
of surplus agricultural lands and to place timber lands
___
vide for disposal of 5074.
Order of business 4342, 4370, 4482, 4516, 4-roo, 4<-4, 4775,
S ta u ip ^ x e s and duties on coal: on bill (H . R. 21129) to
4814, 4868, 4869, 4917, 4974, 4977, 5025, 5363, 5430, o4S0,
5542, 5589, 5670, 5737, 5806, 5875.
S.m 1“ c w f a p p r S t i o n bill <H. R. 21200) 6930, W 10,
Oregon and California land grants: on joint resolution
(S. R. 48) to institute suit for forfeiture o f 5139.
Teaf^on^bLR (S . 514) to prevent importation o f impure
Panam a: on bill (II. R. 18694) to regulate use, control,




and ownership of land* in Canal Zone at 6563.
Parrott, Daniel H ., and others: on bill (H . R. 178<4)
granting pensions and increase of pensions to 5196.
Passenger act of 1882: on bill (S. 5083) to amend <06 .
Patents: on bill (H . R. 7653) providing additional pro­
tection for owners o f 6206.
____
Pension appropriation bill (H . R. 16268) 5507, 69—
Pensions: on bills (H . R. 1062, 1991) granting pensions
and increase of pensions in specified cases 636-1.
6370.
-----------on conference report on bill (H . R. 15653) to in­
crease pensia&s of widows 4742.
-----------on bill (H . R. 17874) granting pensions^ and in­
crease of pensions in specified cases 6559.
Philippine Commission: on bill (H . R. 17516) to increase
membership of 5010.
Philippine Islands: on bill (H . R. 21449) to amend act
to revise and amend tariff laws of 7097.
Philippine Scouts: on bill (S . 652) creating office of cap­
tain in 6091.
Philippine shipping: on bill (S. 6262) to repeal act rela­
tive to 5084.
Porto Rico Provisional Regiment of In fan try: on bill
(H . R. 18618) fixing status of 3pG2.
Post-office appropriation bill (II. R. 1S347) 3299, 621
6761, 6854, 6861.
President’s special message— employers’ liability an
sundry other subjects 4325, 4327, 432S, 4334, 4335, 433
Public buildings bill (H . R. 21S97 ) 6351, 6725, 7290.
Public lands: on bill (S. 6155) to provide for an e
larged homestead 6209, 6835, 6840.
Rainy River: on bill (H . It. 15444) to extend time fo
construction of dam across 6866.
*

Territories: on bill (II. R. 21957) relating to affairs in
Tuberculosis in District o f Colum bia: on conference reS o n bill (S. 29) to provide for registration o f cases

Washington and Western Maryland Railroad Company :
on bill (S . 2295) to extend time for completion of railw S ? n e f o J N a V j -- T a r a : on bill (H . R. 20120) authorizing construction o f railroad siding to 5176.
W hite W illiam W ilm o t: on vetoed bill (H . R. 4<68)
transferring from retired list to active list o f Navy
4^03
.
Witherspoon, J o in : on joint resolution (S. R. 6) to select
site and erect pedestal for statue o f 7054.
Wood pulp and print paper: on resolution ( H -B e s . ->44)
to appoint committee to investigate price of uO.,3.
W y om in g : on hill (S . 6190) for resurvey of certain town­

f

ships in 6558, 6909, "O^2. . . . /TT p -.rcoi
Yeoman, Susan M., and others: on bill (H .. *• ^ S9)
granting pensions and increase of pensions to 519-.

Y E A -A X D -N A Y V O TE S IN SE N A T E
Agricultural appropriation Dill U M j . .1 0 1 5 8 ) .» # 2 . ' ' ^ j
Anneal from decision o f Chair 72Hg <-60>
.
A rm y : on bill (S . 5729) for relief of certain d i a e b a r ^
soldiers ot/Com panies B, C, and D, Twenty-fifth
fantry G180)r6187y
40191 to
Child labor in District of Columbia: on bill (S . 4 8 1 -)
regulate employment o f 5792Jd)S02.
Commodity clause of interstate commerce law : on joint
resolution (S . R. 74) suspending 6200, 0io4.

331

CONGRESSIONAL RECORD— SEN ATE

1907

B y M r. P R I N C E : Petition o f C. M . W h itn ey and 16 others,
of Verm ont, 111., against parcels-post law — to the Committee on
the Post-Office and Post-Roads.
B y M r. R I C H A R D S O N : Papers to accompany H ou se bill for
relief of Jam es T. D ow dy— to the Com m ittee on W a r Claims.
Also, petition o f Robert L . Jones, for reference o f claim to
the Court o f C laim s— to the Com m ittee on W a r Claim s.
Also, papers to accompany House bill for the relief o f estate
of W illia m W a n n — to the Committee on W a r Claims.
Also, petition of John W . Garner and others, praying for ref­
erence o f their claim s to the Court o f C laim s— to the Com m ittee
on W a r Claim s.
Also, papers to accompany H ouse bill for the relief o f estate
o f J. R . B, Eldredge— to the Com m ittee on W a r Claim s.
Also, papers to accompany H ouse bill for relief o f estate o f
Alexander F. P errym an— to the Com m ittee on W a r Claims.
Also, papers to accompany bill for the relief o f the estate of
Andrew J. Peacock, o f Jackson County, A la .— to the Committee
on W a r Claims.
Also, papers to accompany bill for the relief o f the estate of
A lfred H am brick, o f Madison County, A la .— to the Com m ittee
on W a r Claims.
By Mr. S C O T T : Petition o f R. L. W ilson and citizens of
Garnett, K ans., for constitutional amendment prohibiting polyg­
am y— to the Committee on the Judiciary.
B y M r. S H E R M A N : Paper to accompany bill for relief o f
John D . Moore— to the Com m ittee on Invalid Pensions.
Also, papers to accompany H ouse bill granting increase o f
pension to Lucy M. T u fts— to the Com m ittee on Invalid Pen­
sions.
B y Mr. S T E R L I N G : Tapers to accompany bills for relief of
Jeremiah E. W aldon , Jam es Parker, W illia m C. Rike, George
W . Horine, John T . Hughes, John Jewell, John P. Melclii, Sid­
ney Coomer, D avid L . Sailors, M ary E . Broad, H ugh Thompson,
Samuel Stauffer, Jacob B. Proctor, Jam es L. Gunnell, Sarah A.
lu g e t t, John H arper, W illia m H . Tobin, and John S. B ray — to
the Com m ittee on Invalid Pensions.
B y M r. S T U R G IS S : Petition o f heirs o f Jefferson Farnsw orth
and John Zunebro, for reference o f their claim s to the Court of
C laim s— to the Committee on W a r Claim s.
B y M r. T O W N S E N D : Petition o f Ladies’ A u x iliary o f Grand
A rm y o f the Republic Post, o f Dundee, Mich., fo r pension
rate o f $12 per month to soldiers’ w idow s— to the Com m ittee on
In valid Pensions.
B y M r W IL S O N o f P en nsylvan ia: Petition o f members of
Tioga \ alley Grange, No. 018, Mansfield, Pa., for amendment
o f oleom argarine law — to the Com m ittee on Agriculture.
Also, petition o f R ear A d m iral H . F. Picking N aval Garrison
No. 4, Erie, Pa., for increase o f pay o f officers and enlisted men
o f A rm y, N n v y f Mflrine Corps, <ind Revenue-Cutter Service— to
the Com m ittee on N aval A ffairs.
Also, petition o f soldiers and sailors o f Fifteenth Pennsyl­
vania Congressional D istrict, to amend section 3 o f act o f
June 27, 1890, providing $12 per month for soldiers’ widows
and $2 per month for children under 16 years— to the C om m it­
tee on Invalid Pensions.
B y Mr. W E I S S E : Petition o f voters o f Sixth W isconsin Con­
gressional D istrict, against parcels post— to the Com m ittee on
the Post-Office and Post-Roads.

SENATE.
M

onday,

D ecem ber 1 6 , 1907.

Prayer by t h e Chaplain, Rev. E d w a r d E . H a l e .
I lie Journal o f the proceedings o f Thursday last w as read
and approved.
ADMINISTRATION OF OATH TO PRESIDENT PRO TEMPORE.

Mr. C U L L O M . M r. President, I understand that tbe oath o f
office has not yet been adm inistered to the President pro tempore
o £ ttie Senate. I ask that the oath be now adm inistered to him.
I lie V IC E -P R E S ID E N T . Th e junior Senator from Maine,
the President pro tempore, will present him self a t the VicePresident’ s desk and take the oath.
Mr. F r y e w as escorted to the Vice-President’s desk by Mr.
C u l l o m , and the oath prescribed by law w as adm inistered to
him.
SENATORS FROM OKLAHOM A.

M r. M O N E Y presented the credentials o f Robert L . Owen,
chosen by the legislature o f the State o f O klahom a, a Senator
from that State for the term beginning March 4, 1907, which
were read and ordered to be filed.
M r. C U L B E R S O N presented the credentials o f T . P. Gore,
chosen by the legislature o f the State o f O klahom a, a Senator




from that State for the term beginning M arch 4, 1907, which
were read and ordered to be filed.
Mr. C U L B E R S O N . The Senators-elect whose credentials
have ju st been read are present, and I ask that the oath be
adm inistered to them.
The V IC E -P R E S ID E N T . The Senators-elect from the State
o f Oklahom a w ill present themselves a t the Vice-President’s
desk and take the oath prescribed by law.
M r. Gore and M r. Owen were escorted to the Vice-Presi­
dent’s desk by Mr. C u l b e r s o n and M r. M o n e y , respectively, and
the oath prescribed by law having been adm inistered to them,
they took their seats in the Senate.
Mr. B U R R O W S . M r. President, for the purpose o f deter­
mining the classes to which the Senators from O klahom a shaft*
be assigned, I subm it the resolutions I send to the desk, and
ask for their im mediate consideration.
The resolutions were read, considered by unanim ous consent,
and agreed to, as fo llo w s:
Resolved, T h a t the Senate proceed to ascertain the classes to w hich
the Senators from the S tate o f Oklahom a shall be assigned, in con­
form ity w ith the resolution o f the 1 4th of M ay, 1 7 8 9 , and as the
C onstitu tion requires.
Resolved, T h a t the Secretary put into the ballot-box three papers
o f equal size, numbered, respectively, one, tw o, three. E ach o f the Sen­
ators from the S tate of O klahom a sh all draw out one paper.
T he
paper numbered “ O ne,” if drawn, sh all entitle the Senator to be placed
m the class of Senators whose term s o f service w ill expire the 3d day
of M arch, 1 9 1 1 .
T he paper numbered “ T w o ,” i f draw n, shall e n title
the Senator to be placed in the class o f Senators whose term s o f service
w ill expire the 3d day of M arch, 1 9 1 3 .
A nd the paper num bered
“ T h ree,” if drawn, shall entitle the Senator to he placed in the class
of ^Senators whose term s of service w ill expire the 3d day of M arch,

T b e V IC E -P R E S ID E N T . The Secretary w ill proceed to dis­
charge the order o f the Senate.
The Secretary placed the papers in the ballot box, as directed
in the second resolution. Each o f the Senators from O klahom a
drew a paper, and the papers so drawn were given by the
Secretary to the Vice-President.
Th e V IC E -P R E S ID E N T .
Senators, the Secretary reports
that M r. O w e n drew the paper numbered “ T w o ,” and is ac­
cordingly in the class o f Senators whose term s o f service w ill
expire the 3d day o f March, 1913, and th at M r. G o r e drew
the paper numbered “ Three,” and is accordingly in the class
o f Senators whose term s o f service w ill expire the 3d day o f
March, 1909.
REDUCTION

OF PENSION

AGENCIES.

The V I C E -P R E S ID E N T laid before the Senate a com m uni­
cation from the Secretary o f the Interior, transm itting, pur­
suant to law , a report on the effect o f a reduction o f the present
pension agencies to one such agency upon the economic execu­
tion o f the pension laws, the prompt and efficient paym ent o f
pensioners, etc., which w as referred to the Com m ittee on Pen­
sions and ordered to be printed.
LEASE OF AGRICULTURAL LAND IN H A W A II.

The V IC E -P R E S ID E N T laid before the Senate a com m uni­
cation from the Secretary o f the Interior, transm itting a d ra ft
bill to amend section <3 o f the act to provide a govern­
ment for the Territory o f H aw aii, approved A pril 30, 1900.
The V IC E -P R E S ID E N T . In view o f the resolution adopted
by the Senate in regard to com m unications from the Secretary
o f the Interior, th is communication from the Secretary o f the
Interior, inclosing the d ra ft o f a proposed bill, w ill, w ithout
objection, be referred to the Com m ittee on R ules and printed.
CLAIMS OF POSTMASTERS.

The V IC E -P R E S ID E N T laid before the Senate a com m uni­
cation from the Postm aster-General, stating that, in compliance
with the requirements o f section 2 o f the act o f M arch 17, 18S2,
he had transm itted to the Speaker o f the H ouse o f Representa­
tives a tabular statem ent showing in detail the claim s o f post­
m asters fo r reimbursement for losses o f money orders and
postal funds which have been acted upon by the Postm asterGeneral during tbe fiscal year ended June 30, 1907, etc., which
w as referred to the Com m ittee on Post-Offices and P ost-R oads
and ordered to be printed.
I he V IC E -P R E S ID E N T laid before the Senate the A nnual
Report o f tbe Com ptroller o f the Currency fo r the year e n d e d
October 31 1007, w hich w a s referred to the Committee on
Finance and ordered to be printed.
°n
FRENCH SPOLIATION CLAIM S.

T h e V IC E -P R E S ID E N T laid before the Senate the follow ing
com m unications from tbe assistan t clerk o f the Court o f C laim s
transm itting the conclusions o f law filed by the court under S
act o f January 20, 1885, iu the French spoliation claim s set out
in the annexed findings by the court relating to the vessel

CONGRESSIONAL RECORD— SENATE.
schooner Juno, W illiam Burgess, m aster; the vessel sloop Scrub,
John Russell, m aster; the vessel William Lovel, John K. Hill,
m aster; the vessel schooner Syren, Jared Arbold, m aster; the
vessel brig Betsey, Daniel Boyer, m aster; the vessel brig Lucy,
Christopher Grant, m aster; the vessel brig Abigail, Jeremiah
Tibbetts, jr., m aster; the vessel schooner Colly, W illiam M a n ­
ner, m aster; the vessel schooner Venus, Benjamin Hooper, mas­
ter; the vessel schooner Isabella, Lewis Lombard, m aster; the
vessel brig Brothers, George Parsons, master, and the vessel
schooner Hannah, James H . Voax, master, which, with the
accompanying papers, were referred to the Committee on
Claims and ordered to be printed.
f in d in g s

of t h e

c o u r t of c l a i m s .

The V IC E -P R E SID E N T laid before the Senate communica­
tions from the assistant clerk of the Court of Claims, transmit­
ting certified copies of the findings of fact filed by the court m
the following causes:
In the cause of Daniel Reid v. The United States;
In the cause of the Trustees of the Primitive Baptist Church
of Pelham, Grundy County, Tenn., v. The United States;
In the cause of Stephen Gibson, surviving partner of Gibson
& Chastain, v. The United States; and
In the cause of James H . White, sole administrator of James
White, deceased, and L. R. W hite and J. D. White, joint admin­
istrators of Daugherty White, deceased, v. The United States.
The foregoing findings were, with the accompanying papers,
referred to the Committee on Claims and ordered to be printed.
MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by Mr. W . J.
Browning, its Chief Clerk, announced that the House had
passed a concurrent resolution providing that when the two
Houses adjourn on Saturday, December 21, they stand ad­
journed until 12 o’clock meridian on Monday, January b, 1JU»,
in which it requested the concurrence of the Senate.
The message also announced that the House had passed a
joint resolution (II. J. Res. 58) to pay the officers and em­
ployees of the Senate and House of Representatives their re­
spective salaries for the month of December, 1907, on the lJtn
day of said month, in which it requested the concurrence o f the
Senate.
PETITIONS

AND

MEMORIALS.

The V IC E -P R E SID E N T presented a petition of the Bar Asso­
ciation of the Hawaiian Islands, praying that the salaries o f the
judges of the supreme, district, and circuit courts in the Terri­
tory of Hawaii be increased, which was referred to the Com­
mittee on Pacific Islands and Porto Rico.
He also presented a petition of the Carriage Builders’ Asso­
ciation, praying for an immediate revision of the tariff, which
was referred to the Committee on Finance.
He also presented a petition of the Trans-Mississippi Commer­
cial Congress, praying for the enactment of legislation to im­
prove the waterways and harbors of the country, for the con­
struction of the Sabine Lake ship canal, for the issuance of
bonds for the improvement of the rivers and harbors of the
country, for the establishment of a department for inland navi­
gation, etc., which was referred to the Committee on Commerce.
Mr. GALLIN GER presented a petition o f the Northeast
Washington Citizens’ Association of Washington, D. C., praying
for the enactment of legislation to authorize the Capital Trac­
tion Company to extend its lines from Seventh street N W ., along
Florida avenue to Eighth street east and south along Eighth
street to Pennsylvania avenue in that city, which was referred
to the Committee on the District of Columbia.
He also presented a petition of sundry colored citizens of the
District of Columbia, praying for the enactment of legislation
to provide a home for aged and infirm colored people in the
District of Columbia, which was referred to the Committee on
the District of Columbia.
Mr. CULLOM presented a petition of the board of trustees
of the sanitary district of Chicago, 111., praying that adequate
annual appropriations be made for the improvement o f the
rivers and harbors of the country, which was referred to the
Committee on Commerce.
Mr. PLA TT presented the petition of W illiam F. D. Walker,
of New York City, N. Y., praying for the adoption of certain
amendments to the present copyright law relating to musical
compositions, which was referred to the Committee on Patents.
He also presented memorials of James A. Ellis, o f Canandai­
gua ; of the Miller Hardware Company, of O lean; of the Mer­
chants Exchange, of Olean, and of Marks Lissberger & Son, In­
corporated, of Long Island City, all in the State of New York,
remonstrating against the passage of the so-called “ parcels-post
r,1 k -.v mh were referred to the Committee on Post-Offices and
Post-Roads.




December 16,

Mr. W A R R E N presented a petition of Hoskinson Camp, No.
31, United Spanish W ar Veterans, of Erie, Pa., praying for the
enactment of legislation to increase and equalize the pay of
officers and enlisted men in the Army, Navy, Marine Corps, and
Revenue-Cutter Service, which was referred to the Committee
on Naval Affairs.
Mr. H O P K IN S presented a petition of the board of trustees
of the sanitary district of Chicago, 111., praying that adequate
annual appropriations be made for the improvement of the
rivers and harbors of the country, which was referred to the
Committee on Commerce.
He also presented a petition o f the Commandery of the State
of Illinois, Military Order of the Loyal Legion of the United
States, o f Chicago, 111., praying that an appropriation be made
for the erection of a memorial to the memory of Gen. U. S.
Grant in the Botanic Garden at Washington, D. C., which was
referred to the Committee on the Library.
Mr. K IT T R E D G E presented a memorial of sundry citizens
of Waubay, S. Dak., remonstrating against the passage o f the
so-called “ parcels-post bill,” which was referred to the Com­
mittee on Post-Offices and Post-Roads.
Mr. C R AN E presented a petition o f the American Humane
Education Society, praying for the enactment of legislation
granting pensions to crews of the Life-Saving Service, which
was referred to the Committee on Pensions.
Mr. STONE presented a petition o f Typographical Union, No.
80, American Federation of Labor, of Kansas City, Mo., praying
for the removal of the tariff on wood pulp and paper, which
was referred to the Committee on Finance.
H e also presented a memorial of the Retail Druggists’ Asso­
ciation, of Greene County, Mo., and a memorial of Ozark Coun­
cil, No. 58, United Commercial Travelers o f America, o f Springfield, Mo., remonstrating against the passage o f the so-called
“ parcels-post bill,” which were referred to the Committee on
Post-Offices and Post-Roads.
He also presented a petition of the Commercial Club of Jop­
lin, Mo., praying for the enactment of legislation to improve
the present financial system, which was referred to the Com­
mittee on Finance.
, ,
,
He also presented a petition of the Merchants Exchange of
St. Louis, Mo., praying for the enactment o f legislation to
facilitate the transportation of mail between the United States
and South America, which was referred to the Committee on
Commerce.
Mr. B U R K E T T presented a petition of the Farmers' Coop­
erative Grain and Supply Company, o f Minden, Nebr., pray ing
for the enactment o f legislation providing for a uniform in­
spection of grain under Federal control, which was referred to
the Committee on Agriculture and Forestry.
H e also presented a memorial of Local Council No. loo, Lniteu
Commercial Travelers of America, o f Fremont, Nebr., remon­
strating against the passage of the so-called " parcels-post bill,
which was referred to the Committee on Post-Offices and PostRoads.
He also presented a paper to accompany the bill (S . 10 i0)
for the relief of W illiam Ii. Turner, which was referred to the
Committee on Claims.
He also presented an affidavit to accompany the bill (S. 112S)
granting an increase o f pension to William P. Snowden, u h k h
was referred to the Committee on Pensions.
H e also presented sundry papers to accompany the bill (S .
1097) granting a pension to I. E. Furnas, which were referred
to the Committee on Pensions.
He also presented sundry affidavits to accompany the b ill (S .
1936) granting a pension to Jemima Feather, which were re­
ferred to the Committee on Pensions.
Mr B U R N H A M presented the petition of Mrs. Leander L.
Evans, of Laconia, N. H., praying for the adoption o f c e r ta in
amendments to the present coypnght law relating to musical
compositions, which was referred to the Committee on P a te n ts .
Mr. C U R TIS presented a petition o f Winfield Circle, No. 40,
Department o f Kansas, Ladies o f the Grand Army o f the Re­
public, of Winfield, Kans., and a petition o f Henderson I ost.
No. 53, Department of Kansas, Grand Army of the Republic, or
Frankfort, Kans., praying for the passage of the so-called ” Lafean pension bill,” which were referred to the Committee on
Pensions.
Mr. B E V E R ID G E presented petitions of Post No. 482, of Coal
C ity; of B. J. Crosswait Post, No. 150, o f A n gola; of Stephen
J. Bailey Post, No. 154, of Portland, and of Danseur Post, No.
104, of Indiana, all of the Department of Indiana, Grand Army
of the Republic, in the State of Indiana, praying for the passage
of the so-called “ Lafean pensiou bill,” which were referred to
the Committee on Pensions.

1908 .

CONGRESSIONAL RECORD— SENATE.

severally read twice by their titles and referred to the Com ­
mittee on P ensions:
A bill (S . 3300) granting an increase of pension to Jam es S.

Y oast;
A bill (S . 3307) granting an increase o f pension to A . B.
S c u tt;
A bill (S . 3368) granting a pension to Louisa W ebb A d k in s;
A bill (S . 3309) granting a pension to Theresa K ilp atrick ;
A bill (S . 3370) granting an increase o f pension to H oratio
N. W a r r e n ;
A bill (S . 3371) granting a pension to Olive A . O k ey ;
A bill (S . 3372) granting an increase o f pension to Trum an L.
»Va ld e n ;
A bill (S . 3373) granting a pension to M ary R id g ew ay ;
A bill (S . 3374 ) granting a pension to Jerome B. H u n tin gton ;
A bill ( S . 3375 ) granting an increase o f pension to Thom as
v ood;
\
A bill (S . 3370) granting an increase o f pension to Chancey
W illiam s (w ith an accompanying p a p e r );
A bill (s. 3377) granting an increase o f pension to Joseph G.
Slilllllv J
A bill ( s . 3378) granting a pension to Clara I. A sh b u ry ;
A bill (S . 3379) granting an increase o f pension to F . M.
F r a z ie r ;
A bill (S . 3380) granting an increase o f pension to John W .

H owell;

561

Mr. F O S T E R introduced the follow ing bills, which were sev­
erally read twice by their titles and referred to the Committee
on C la im s:
A bill (S . 3398) for the relief o f M rs. Octave Sim on eau x;
A bill (S . 3399) for the relief o f the estate o f M ason Pilcher,
deceased;
A bill (S . 3400) for the relief o f the estate o f N um a Vives,
deceased; and
A bill (S . 3401) for the relief o f Louisa Dornier.
M r. S IM M O N S introduced a bill (S . 3402) for the relief o f
the legal representatives o f the estate o f Thom as A . Hendricks,
deceased, which w as read twice by its title and, with the ac­
companying papers, referred to the Com m ittee on Claim s.
Mr. W H Y T E introduced the follow ing bills, which were sev­
erally read twice by their titles and referred to the Committee
on P en sion s:
A bill (S . 3403) granting a pension to M ary Elizabeth W a n ­
na 1 (w ith an accompanying paper) ; and
1
A bill (S . 3404) granting an increase o f pension to Louis N.
Frank.
H e also introduced a bill (S . 3405) to amend an act to
authorize the B altim ore and W ashington Tran sit Com pany, o f
M aryland, to enter the D istrict o f Columbia, approved June 8 ,
1896, which w as read twice by its title and referred to the
Committee on the D istrict o f Columbia.
M r. G O R E introduced the follow ing bills, which were sev­
erally read twice by their titles and referred to th e Com m ittee
on P ensions:
A bill (S . 3406) granting an increase o f pension to Job In ­
gram ; and

A bill (S . 3381) granting an increase o f pension to John
C la a r ;
A bill (S . 3382) granting a pension to Eber B . P r ie st;
A bill (S . 3383) granting a pension to Isabelle J oyce;
A bill (S . 3384) granting an increase o f pension to Moses
A bill (S . 3407) granting an increase o f pension to Mansfield
Goldstein (w ith an accom panying paper) ; and
Burris.
A bill (S . 3385) granting an increase o f pension to Madison
H e also introduced a bill (S . 3408) to provide for the
J. Ottinan.
H e also introduced a bill (S . 3386) for the relief o f W . C. holding o f the United States district and circuit courts at
H arrell, which w as read twice by its title and referred to the Shawnee, Okla., which w as read twice by its title and referred
to the Committee on the Judiciary.
Com m ittee on Claim s.
H e also introduced a bill (s/3409) to extend the tim e o f
H e also introduced a bill (S . 3387) to correct the m ilitary
record o f Tim othy Sullivan, which w as read twice by its title paym ents on certain hom estead entries in Oklahom a, which w as
and, with the accom panying papers, referred to the Com- read twice by its title and referred to the Com m ittee on Indian
A ffairs.
mitteee on M ilitary A ffairs.
H e also introduced a bill ( 8 . 3410) for the relief o f the heir
H e also introduced a bill (S . 3388) to correct the m ilitary
record o f W illiam A . H insch, which w as read tw ice by its title o f Allen J. Mann, sr., deceased, which w as read twice by its
and referred to the Com m ittee on M ilitary A ffairs.
title and, with an accom panying paper, referred to the Com ­
.H r - P L A T T introduced a bill (S . 33 89 ) referring to the Court mittee on Claim s.
or Claim s for adjudication and determ ination the claim s o f the
T ^Ir* « ? ^ N E R introduced a bill (S . 34 11 ) for the relief o f
widow and fam ily o f M arcus P. Norton and the heirs at law Joim W . M atson , which w as read twice by its title and referred
ot others, which w as read twice by its title and referred to the to the Com m ittee on Claim s.
Com m ittee on Claim s.
H e also introduced the follow ing bills, which were severally
M r. G A L L IN G E R introduced a bill (S . 3390) for the widen­ read twice by their titles and referred to the Com m ittee on
P en sio n s:
ing of Twentieth street N W ., D istrict o f Columbia, which w as
read twice by its title and, with an accom panying paper, re­
( S * 3 4 1 2 ) granting an increase o f pension to Isa ia h
P id d le ;
ferred to the Com m ittee on the D istrict o f Columbia.
M r. B U R K E T T introduced a bill (S . 3391) to increase the
A bill (S . 34 13 ) granting an increase o f pension to Julia C.
efficiency o f the Signal Corps o f the A rm y, which w as read D anels (w ith accom panying papers) ;
twice by its title and referred to the Com m ittee on M ilitary
A bili (S . 34 14 ) granting an increase o f pension to H annah
Affairs.
\ . N eale (w ith accom panying papers) ; and
A bill ( 8 . 3415) granting a pension to M artin M oats
H e also Introduced a bill (S . 3392) to provide fo r the ad­
vancem ent o f instruction in agriculture, m anual training, and
Mr. B U R R O W S introduced a bill (S . 3416) to amend an act
home economics in the State norm al schools o f the United entitled “A n act authorizing the extension o f M eridian place
States, which w as read twice by its title and referred to the X W ..“ approved January 9, 1907, which w as read twice by
Com m ittee on Agriculture and Forestry.
its title and referred to the Com m ittee on the D istrict o f
Mr. G U G G E N H E IM introduced the follow ing bills, which Columbia.
were severally read twice by their titles and referred to the
'M r . O W E N introduced a bill (S . 3417) to appropriate \
Com m ittee on Public Buildings and Grounds.
8; >09,000 to deepen the channel and remove obstructions in the \
A bill (S . 3393) to provide for the purchase o f a site and the A rkan sas River, in the State o f O klahom a, which w as read
»
erection o f a public building thereon at Glenwood Springs, in twice by its title and referred to the Com m ittee on Commerce
|
the State o f C olorad o; and
H e also introduced a bill (S . 3418) to make the United States
A bill (S . 3394) to provide for the purchase o f a site and the ja il at Ardm ore, Okla., the property o f Carter County, Okla.,
erection o f a public building thereon a t Montrose, in the State which w as read twice by its title and referred to the Com m ittee
o f Colorado.
on the Judiciary.
H e also introduced a bill (S . 3395) to establish a subtreasury
Mr. J O H N S T O N introduced a bill ( 8 . 3419) fo r the relief o f
a t Denver, Colo., which w a s read twice by its title and re­ John Thompson, which was read twice by its title and referred
ferred to the Com m ittee on Finance.
to the Com m ittee on C laim s.
s,
homestead
........
u in (S .
IU amend
muuuuuuu m e follow ing DlllS,
_ H e also introduced a bill v^. 33 96 ) to umwiu the uuuicsieau /
Mr. O W E N introduced the JLOllOWing bills, which wata Q^TT -\
were s e v \
law s as to the States o f Colorado, Idaho, M ontana, Nevada, /e r a lly read twice by their titles and referred to the OonmiiUoo \
N orth D akota, South D akota, and W yom in g, and the T e r r i - /o n Indian A ffa ir s :
* e 1
tories o f Arizona and New M exico, which w as read twice by i t s !
A bill (S . 3420) to provide a home fo r a<md and infirm Tn I
title and referred to +im Com m ittee on Public T
the
Lands.
+itm
ro-fWoH
di ans in the State o f Oklahoma;
*
n
ln ' f
Mr. L A T I M E R introduced a hill (S . 3397) to provide for
A biIJ i ? - 1 3,421) t0 ^ a b l i s h an Indian training school in t h e /
the appointment o f a district ju dge for the western ju dicial State o f O klahom a in which there shall be preserved and t a im h t !
district o f South Carolina, and for other purposes, which w as Indian a rt by Indian teach ers;
bUl|
read twice by its title and referred to the Com m ittee on the
A bill (S . 34 22 ) for the relief o f the M iam i Indians* and
F
Judiciary.
A bill (S . 3423) to pay the balance due the loyal Creek IiSX L II-

-36




562

CONGRESSIONAL RECORD— SENATE.

J anuaky 9,

(lians on the award made them by the Senate on the 16th day to Jane Gamble, which was read twice by its title and, with
the accompanying papers, referred to the Committee on Pen­
of February, 1908.
He also introduced a bill (S. 3424) for the establishment sions,
Mr. G AM BLE introduced a bill (S. 3446) granting to the
of a road at the United States cemetery at Fort Gibson, which
was read twice by its title and referred to the Committee on State of South Dakota 30,000 acres of land to aid in the main­
tenance of a school of forestry, which was read twice by its
Military Affairs.
He also introduced a bill (S. 3425) to provide for the erection title and referred to the Committee on Public Lands.
He also introduced a bill (S. 3447) granting an increase of
of a statue of Sequoyah in the city of Washington, D. C., which
was read twice by its title and referred to the Committee on pension to W illiam N. Berry, which was read twice by its title
and referred to the Committee on Pensions.
the Library.
Mr. T A YL O R introduced the following bills, which were sev­
He also introduced a bill (S. 3426) to establish a fish hatch­
erally read twice by their title and referred to the Committee
ery and biological station in the State of Oklahoma, which
on Pensions:
was read twice by its title and referred to the Committee on
A bill (S. 3448) granting an increase of pension to Susan E.
Fisheries.
H odges;
He also (by request) introduced a bill (S. 3427) to make
A bill (S. 3449) granting an increase of pension to W . H.
effective section 2 of Article I of the Constitution of the
Jones;
United States, providing for the election of Members of the
A bill (S. 3450) granting an increase o f pension to William
House of Representatives by the people, which was read twice
H . W arner; and
by its title and referred to the Select Committee on Woman
A bill (S. 3451) granting a pension to .Mary E. Simeriy.
Suffrage.
'T
Mr. SM ITH introduced the following bills, which were sev­
Mr. CLAY introduced a bill (S. 3428) granting an increase of erally read twice by their titles and referred to the Committee
pension to Frank Z. Curry, which was read twice by its title on Claim s:
and referred to the Committee on Pensions.
A bill (S . 3452) for the relief of Joseph Schrembs; and
Mr. M cCREARY introduced the following bills, which were
A bill (S. 3453) for the relief of I. W inslow Ayer.
severally read twice by their titles and referred to the Commit­
He also introduced a bill (S. 3454) to grant an honorable dis­
charge to Cornelius De Haas, which was read twice by its title
tee on Pensions:
A bill (S. 3429) granting an increase of pension to Kephart and, with the accompanying papers, referred to the Committee
Wallace (with an accompanying p a p e r);
on Naval Affairs.
A bill (S. 3430) granting an increase of pension to George
He also introduced the following bills, which were severally
read twice by their titles and, with the accompanying papers,
T. Grinstead (with accompanying p a p e rs);
A bill (S. 3431) granting an increase of pension to Louise L. referred to the Committee on Military Affairs:
A bill (S. 3455) to remove the charge o f desertion from the
Duffield; and
A bill (S. 3432) granting an increase of pension to John military record of Andrew M artin;
A hill (S. 3456) to remove the charge of desertion from the
French (with accompanying papers).
Mr. PILE S introduced a bill (S. 3433) to establish on the military record of James M alloy; and
A bill (S. 3457) to correct the military record of Clark G.
coast of the Pacific States a station for the investigation of
problems connected with the marine fishery interests of that Russell
He also introduced the following bills, which were severally
region, which was read twice by its title and referred to t t
read twice by their titles and referred to the Committee on
Committee on Fisheries.
He also introduced a bill (S. 3434) for the relief of ^ m on
A bill (S. 3458) granting an increase of pension to Robert W .
M. Preston, which was read twice by its title and referred to
Malcolm *
the Committee on Claims.
.
A bill (S. 3459) granting ah increase o f pension to Stephen
He also introduced a bill (S. 3435) authorizing the aP ^ )1°_
O. Bryant (with an accompanying p a p e r);
ment and retirement as brigadier-generals o f certain office
A bill (S. 3460) granting a pension to Sarah J. Fitzgibbon;
of the Army below the grade of colonel who serv
A bill (S. 3461) granting an increase of pension to Jacob R.
the war of the rebellion, which was read twice by its title a a
Riblet (with accompanying pa p ers);
_
referred to the Committee on Military Affairs.
nntitled
A bill (S. 3462) granting an increase of pension to Henry u .
He also introduced a bill (S . 3436) to amend an act entitled
. _
“An act to amend an act amending the act entd ed An act Briggs (with accompanying p a p e rs);
A bill (S. 3463) granting an increase of pension to Jjrancts
to authorize the receipt of United States gold coin
G. Bourasaw (with accompanying pa p ers);
for gold bars,’ ” which was read twice by its title and refened
A bill (S. 3464) granting an increase of pension to Mias
to the Committee on Finance.
Wright (with accompanying papers) ;
_
. „ „
Mr. A N K E N Y introduced a bill (S. 3437) granting an in­
A bill (S. 3465) granting an increase of pension to Charles K.
crease of pension to Alexander L. Morton, which was io<<
twice by its title and referred to the Committee on Pensions.
U7 l m
(S . 3466) granting an increase of pension to Elias
Mr. CURTIS introduced a bill (S. 3438) to authorize the con
struetion and maintenance of a dam or dams across the Kansas B l? &
(g , 3467) granting an increase o f pension to George
River within Shawnee County in the State of Kansas, which
Alexander (with nn accompanying p a p e r);
was read twice by its title and referred to the Committee on
A bill (S. 3468) granting a pension to William Cordes (with
Commerce.
an jncreage 0f pension to Marshall
He also introduced a bill (S. 3439) to provide for the sale of aecompanj m | ^ P
public lands in certain cases, and for other purposes, which was
read twice by its title and referred to the Committee on Public ^ A ^bU l^fs .1 3470) granting an increase o f pension to Alice M.
Lands.
Mr. LONG introduced a bill (S. 3440) to authorize the exten
^ M r ^ U L K E L E Y introduced a bill (S . 3471) to restore the
sion and enlargement of the post-office building in the city of name of Henry C. Hart to the pension rolls, which was read
Emporia, Kans., which was read twice by its title and referred iw re bv its title and referred to the Committee on Pensions.
to the Committee on Public Buildings and Grounds.
tV He a^ointroduced j^bill (S. 3472) to provide foir emergency
k
Mr. SU TH ERLAND introduced the following bills, which circulation of national banking associations, which was r * d
were severally read twice by their titles and referred to the
Committee on Pensions:
tWMr b
BUL9
KELEY. I ask that the bill be referred to the
A bill (S. 3441) granting an increase of pension to W illiam Ctmimittee on Finance and that it be printed in toe R ecord
Muloek; and
J
its JenJom.
A bill (S. 3442) granting an increase of pension to John A. without being read, in order that Senators
There being no objection, toe bill was referred to t
Van Pelt.
mittee on Finance and ordered to be printed in toe Reco ,
Mr. CRANE introduced the following bills, which were sever­
. u
ally read twice by their titles and referred to the Committee on follow s:
A bill (S. 3472) to provide for emergency circulation of national
Pensions
Ing associations.
A bill (S. 3443) granting an increase of pension to Newell S.
Be it enacted, etc., That whenever, In the dJ«retlon ■ thJe8may au*
Swett; and
emergency
A bill (S. 3444) granting an increase of pension to Jesse of the Treasury, a necessity or association to receive fr o m U ie Coinpthorize any national banking
from the c,> pPrickett.
troller of the Currency, in such form and undeJ. 8
J^h ^f^untersigned
mnv nrescribe. circulating notes In blank, registered and countersigned
Mr. du PONT introduced a bill (S. 3445) granting a pension




1908.

CONGRESSIONAL RECORD— SENATE.

767

W a r and Navy Departments for the surviving officers of the county jail for Carter County in that State, which was referred
civil war, which were referred to the Committee on Military J;o the Committee on the Judiciary.
-w
Affairs.
Mr. HOPKIN$} presented petitions of sundry citizens of Chi­
Mr. P L A T T presented a petition of Local Council No. 68, cago, Oak Park, Lagrange, Toulon, Neponset, Tiskilwa, Peoria
Junior Order of United American Mechanics, of Cottekill, N. Y., Princeton, Walnut, Joliet, Ohio, Washington, Sheffield, Mineral
praying for the enactment of legislation to place the motto Wyanet, Buda, Hennepin, Harvard, Aurora, St. Charles, W il
In God we trust ” on all coins o f the United States, which mington, Elgin, Lockport, Plainfield, Elburn, Enfield, Stanford
was referred to the Committee on Finance.
Clay City, Grayville, W ayne City, Harrisburg, Golconda, Lan
lie also presented a petition o f the Chamber of Commerce ark, Galena, Erie, Morrison, Prophetstown, Forreston, Ashton
ot Watertown, N. Y., praying that an appropriation be mado Dixon, Franklin Grove, Oregon, Polo, Hanover, Monmouth
nr the purchase o f certain lands in Jefferson County, in that Alexis, Bushnell, Macomb, Aledo, Newton, Centralia, Patoka, 01
►
tate, for military purposes, which was referred to the Com­ ney, Kinmundy, Salem, Oblong, Vandalia, Mount Carmel, Kan
mittee on Military Affairs.
kakee, Momence, Watseka, and Casey, all In the State of Illi­
He also presented a petition o f sundry members of the ses- nois, praying for the enactment o f legislation to create a vol­
sion of the Presbyterian Church of Johnstown, N. Y., praying unteer retired list in the W a r and Navy Departments for the
r. tfle enactment of legislation to prohibit the manufacture surviving officers of the civil war, which were referred to the
, . ,saIe 0;£ intoxicating liquor in the District of Columbia, Committee on Military Affairs.
men was referred to the Committee on the District of
H e also presented a petition of Local Union No. 368, Inter­
Columbia.
national Typographical Union of Litchfield, 111., and a petition
r>vfIe i lso Presented a paper to accompany the bill (S . 590) to of Local Union No. 213, Typographical Union o f Rockport, 111.,
a
extend the limits of the act of June 27, 1890 (a s amended by praying for the repeal of the duty on white paper, wood pulp,
aCt
^ ay
1900), granting pensions to soldiers and and the materials used in the manufacture thereof, which were
aiiors who served in the military or naval forces of the United referred to the Committee on Finance.
n i
tlieir widows, minor children, and dependent parents,
Mr. F R Y E presented a petition of Captain Charles V. Gridand the act of February 6, 1907, granting pensions to certain
ley Camp, No. 94, Arm y and Navy Union o f the United States
n u
men, soldiers, and officers who served in the civil war
of Erie, Pa., praying for the enactment of legislation to in­
and the war with Mexico, which was referred to the Committee
crease and equalize the pay of officers and enlisted men of the
on Pensions.
Army, Navy, Marine Corps, and Revenue-Cutter Service, which
Mr. W A R N E R presented the petition of A. M. Haswell, of
was referred to the Committee on N aval Affairs.
J
-h t
*?’ Mo., praying for the enactment o f legislation making
Mr. H A N SB R O U G II presented a petition of sundry citizens
, Union anti Confederate cemeteries at Springfield, in that
of Bottineau County, N. Dak., praying for the passage of the
Mate, one cemetery, which was referred to the Committee on
so-called parcels-post bill, which was referred to the Committee
Military Affairs.
on Post-Offices and Post-Roads.
He also presented the petition of Daniel M. Spencer, of
Mr. C U R TIS presented a memorial of the Business Men’s
ureentop, Mo., praying for the enactment o f legislation to set
Association of Great Bend, Kans;, remonstrating against the
r r "+
u judgment of court-martial standing against him and
trait he be granted pay and bounty due him for military serv­ passage of the so-called parcels-post bill, which was referred to
the Committee on Post-Offices and Post-Roads.
er
was referred to the Committee on Military Affairs.
lie also presented the petition of Rev. N. Redpath, pastor
e .Jdr- * y E N Presented a memorial of the legislature o f the
fetate of Oklahoma, which was referred to the Committee on of the Reformed Presbyterian Church, and sundry other citi­
iu b lic Lands and ordered to be printed in the Record, as zens of Olathe, Kans., praying for the enactment of legislation
fo llow s:
to regulate the interstate transportation of intoxicating liquors,
Memorial to the Senate and House of Representatives in Congress and also to prevent internal-revenue collectors from issuin0 Fed­
eral licenses in prohibition territory, which was referred to the
assembled.
Committee on the Judiciary.
Bubmftedl10wIns memorial of the legislature of Oklahoma is respectfully
H e also presented a petition o f the Farmers’ Institute AssoO f^ettlers°on u hpn4 i ^ lun 0n 2 > memorializing Congress for the relief cmtion o f Reno County, Kans., praying for the enactment of
tr
legislation to provide for the restoration, by treaty or other­
W t o t a V S m le ? ? J .° ™ t C T c r „ b s “ V P™ o
o
A
7
W,
Comanche, and Apache and the Fort Sill M ilitary W old ° R e ^ r v a S n T n
wise, of our foreign markets for the benefit of the live stock
Oklahoma was disposed of by competitive bidding under the^om estead
and gram producers of the country, which was referred to the
law, to be paid for in five equal installments, one-fifth cash at the
Committee on Finance.
end of each consecutive y e a r ; and
e
t h a T f l G 1 pera a cre T an d Were pmchased at an
d
P ^ e of more
Whereas there is no provision of law by which said lands can be
relinquished by the entrymen and again disposed of to a purchaser or
applicant therefor; and
Whereas the purchasers and settlers thereon, by reason of the
newness of the land and unfavorable natural conditions have been
unable to make a crop for the first year and therefore are unable to
meet the second payment, and on account of the stringency of the
money market are unable to procure funds to meet said pavment, and
unless relief is afforded by Congress a great number of these settlers
will lose their homes and said lands will thereby be forfeited and
their homestead entries canceled for nonpayment of the second in­
stallment of the purchase p rice: Therefore be it
Resolved That the legislature o f the State o f Oklahoma in session
assembled do hereby memorialize the Congress of the United States

w i w « ° ! f f S N i [ rese? ^ sundry papers to accompany the
biH (S 2021) for the relief of John F. Foard, which were re­
ferred to the Committee on Claims.
a ls o P re se n te d sundry papers to accompany the b ill / <
a
l i C i q granting a pension to Timothy Edwards, which were r t
ferred to the Committee on Pensions.
0 E(; also Presented an affidavit to accompany the bill (S
-3 4 8 ) granting an increase of pension to Wiley g Roberts'
which was referred to the Committee on Pensions.
'
Mr. H A L E presented a memorial of the W om an’s Christian
temperance Union of China, Me., remonstrating against the use
of the mails for the purpose of advertising intoxicating liquors,
which was referred to the Committee on Post-Offices and PostRoads.
,
EXPERIMENTAL FARM S AND STATIONS.

f

r

i

1

b

uuugQuuu uu6 uiy government.

Mr. O W EN . I present a resolution of the T ra n s-M ississip p i
Resolved, That a copy of this resolution be forwarded to the Hon
Commercial Congress, adopted at its eighteenth annual session
T . 1 . Go hr and to the lion. R obert L. O w e n and to the Members of
i a m f t f Congre?s R 0ma* aDd that they be j e s t e d to present the at Muskogee, Okla., November 19-22, 1907, favoring the estab­
lishment o f experimental farms and stations in the Western
Passed the house December 3, 1907.
States contributory to the Mississippi River. I move that the
resolution be printed as a document and referred to the Gem
Speaker of the House of Representatives.
mittee on Agriculture and Forestry.
OomPassed the Senate December 12, 1907.
\ The motion was agreed to.
G eo . W . B e l l a m y ,
.
. ...
President of the Senate.
Approved this 14th day o f December, 1907.

_

i

„

™

REPORTS OF COMMITTEES.

C. N. Haskell, Governor.

’r
clerk of the house o f representatives of
the first legislature, State of Oklahoma, hereby certlfv that the f o r ^

nowSon file

and C rreCt C Py °f house concurrent resolution No.
°
°

2

Mr. M A R T IN , from the Committee on Commerce

£°Il0" 'inS bllIS' rcIX>rt« 1
- A .bill (H

^

to whom

J -C

E . 11330) to authorize the Chicago, Indiana and

Chief Clerk of the House of Representatives
Mr. O W E N presented a petition of the Board of County Com­
am
missioners of Carter County, Okla., praying for the enactment * A bill (H . R. 11331) to authorize the Bamrnore and £
Chicago Railroad Company to construct a bridge a c r o ^
of legislation to convoft the Federal jail at Ardmore into a
Grand Calumet River at or near the town of Gary Ind
the




%




CONGRESSIONAL RECORD— SENATE.

Ja

n u ar y

16,

thereon. I ask for the present consideration of the joint reso­
lution.
The V IC E -P R E SID E N T . The joint resolution will be read
for the information of the Senate.
The joint resolution was read and, there being no objection,
the Senate, as in Committee of the Whole, proceeded to its con­
sideration.
,
.
Mr. H E Y B U R N . I should like to have some explanation of
the purpose of the provision. It proposes to divert a rather
large sum of money.
Mr. PROCTOR. The appropriation last year for the general
expenses of the Bureau o f Forestry, which was something like
one and three-quarter million dollars, provided that not more
than $40,000 of the amount should be used for rent. Owing to
the large increase of the Bureau from legislation that we
have adopted, the Secretary has found it absolutely necessary
to use more than that amount for rent. The joint resolution
does not at all increase the appropriation, but enlarges the limit
that may be used for rent from $40,000 to $60,000, and it is a
very necessary enlargement.
Mr. H E Y B U R N . I would inquire of the chairman of the com­
mittee whether it is for rent of buildings in Washington?
Mr. PROCTOR. It is not limited.
Mr. H E Y B U R N . Where is it to be used?
Mr. PROCTOR. It is not limited at all. There is no limit
in the a ct; it is for rent in any locality, and the total amount
that is to be paid for rent anywhere in the country is limited to
$40 000
Mr. H E Y B U R N . I would ask whether or not the committee
has made a report showing where the rents were expended and
the amount expended in each place? I f so, I should like to
have the benefit of an inspection of that report.
Mr. PROCTOR. The committee has no such report, but we
know money has been expended for rent in different sections
of the country. W e have the letter of the Secretary o f Agricul­
ture saying that it is absolutely necessary to use more o f the
appropriation for general expenses in order to properly house
the officers and employees o f the Bureau.
Mr. H E Y B U R N . I should like to have some information be­
fore the passage o f the joint resolution that would enable us
to know where this money is being expended and what propor­
EXAMINATIONS FOB DBAINAGE OF LANDS.
tion of it is being expended in the different localities of the coun­
Mr. P LA TT. I am directed by the Committee on Printing, to try. It is a very large sum to pay for rent. It is 10 per cent on
whom was referred the resolution submitted on the 14th instant half a million dollars or more, and it is quite an item. It is being t
by the Senator from Minnesota [Mr. C l a p p ] , to report it favor­ diverted from a general fund that was appropriated, I under­
ably without amendment, and I ask for its present consideia- stand, for the general expenses in addition to the moneys
realized by the Forestry Service from its use o f the forests.
tion.
The resolution was read, as follow s:
Before the joint resolution is put upon its final passage, I
Resolved by the Senate (the House of Representatives concurring), should like to have some information as to the items of ex­
That there he printed 2,000 additional copies of Senate Document l o t ,
penditure. A letter from the Secretary o f Agriculture is not
present sessio n ; 1,000 for the use of the Senate and 1,000 for the use
a sufficient basis upon which to make an appropriation. This
of the House of Representatives.
Mr. CU LBERSON. I inquire of the Senator from Minnesota is an appropriation by a joint resolution, and, notwithstanding
the fact that it is included within the gross sum appropriated,
what the document is that is to be printed?
Mr. CLAPP. It is the report of the Reclamation Service on if this appropriation were not made, the presumption is that a
portion o f the original appropriation would be converted back
drainage.
The VIC E -P R E SID E N T. Is there objection to the present into the Treasury at the end of the fiscal year. So it is iu
effect an original appropriation under our system o f enacting
consideration of the concurrent resolution?
The concurrent resolution was considered by unanimous con­ laws, and I do not think we should make an appropriation of
this size without some more detailed and general information
sent and agreed to.
than is contained in the letter o f the Secretary of Agriculture.
HABBOB OF ST. AUGUSTINE, FLA.
I ask that the joint resolution may go over, Mr. President.
Mr. C LA R K E of Arkansas, from the Committee on Commerce,
The V IC E -P R E S ID E N T . Objection is made, and the joint
to whom was referred the bill (S . 3343) for the survey o f the resolution goes to the Calendar.
harbor at St. Augustine, Fla., reported adversely thereon, and
Mr. H A L E .
Before this matter passes from the consider­
the bill was postponed indefinitely.
ation o f the Senate I want to suggest to the Senator from Ver­
He also, from the same committee, reported the following mont, who has charge o f the joint resolution, that iu furnish­
concurrent resolution as a substitute for Senate bill 3343;
ing the information suggested by the Senator from Idaho he
mx^t8?lvea t>y the Senate (the House of Representatives concurring), look into the question of rent as applied for shelter outside of
I hat the Secretary of* W ar be, and he is hereby, authorized and directed
Washington. The Senator from Vermont just now made the
wit£a oSl ! a su,rYeL of tb® entrance and harbor at St. Augustine, Fla.,
remark that the money is needed to house the employees of the
a view ,t0 determining the necessity for and cost of construction
A ^ lK t iI aryp i f akfwaters,' etc- to Protect the Government works at St
Government outside o f Washington.
H i e 's e a 6’ * a’’ irom damage from erosions and encroachments of
Mr. PROCTOR. Both outside the city and within it.
Mr. H A L E . Y e s ; but the point I am making is as to em­
The VICE-PRESIDENT, The concurrent resolution will be
ployees outside the city. I wish the Senator would look into
placed on the Calendar.
it and see whether we hare heretofore appropriated, in the
BENT FOB THE BUBEAU OF FOBESTBY.
many cases where the different Departments have agents at
I am directed by the Committee on Agricul- work outside o f Washington, for housing them. If we embark
ture a^ ForesJry> to whom was referred the joint resolution in that, Mr. President, not only must the employees of this
U i. j . Res. 88 ) to amend the act of March 4,1907, making appro­ Bureau in the Forestry Service be housed— furnished with
priations for tho
» __nyyio
endine Jnno
of A snculture for the fiscal year houses and buildings— outside o f Washington, but the large
c u lt u r e
30> 1908> so as to authorize the Secretary of Agri- army of special employees in the Land Office, who are eugaged
nrH HorAu U v
r f0r r.®
.nt an increased proportion o f the appro- in similar service, must be housed, must be covered. The Postto reportTtMsfvnr m l< a2 f0r rent for the Bureau of Forestry, Office Department has a myriad o f employees engaged in dif­
1
to report it favorably wrthout amendment, and I submit a report
ferent parts of the country. I f the employees of the Forestry

Mr. M A R TIN , from the Committee on the District of Colum­
bia, to whom was referred the bill (S. 1046) to provide for the
construction of a memorial bridge across the Potomac River
from Washington to the Arlington estate property, reported it
without amendment and submitted a report thereon.
Mr. NELSO N , from the Committee on Commerce, to whom
was referred the bill (S. 24) to increase the efficiency of the
personnel of the Revenue-Cutter Service, reported it with
amendments and submitted a report thereon.
Mr. PE R K IN S , from the Committee on Commerce, to whom
were referred the following bills, reported them severally with­
out amendment and submitted reports thereon:
A bill (S. 3660) to establish a light and fog signal on the
outer end of the breakwater, San Pedro, C a l.;
A bill (S. 3661) to establish a light and fog signal at or near
Punta Gorda, in the State of C alifornia; and
A bill (S. 3153) to make Monterey and Port Harford, in the
State of California, subports of entry, and for other purposes.
Mr. STONE, from the Committee on Commerce, to whom was
referred the bill (S. 514) to amend an act entitled “An act to
prevent the importation o f impure and unwholesome tea,” ap­
proved March 2, 1897, reported it without amendment and sub­
mitted a report thereon.
He also, from the same committee, to whom was referred the
bill (H . R. 9121) to authorize a bridge across the Missouri
River at or near Council Bluffs, Iowa, reported it without
amendment.
He also, from the Committee on Indian Affairs, to whom was
referred the bill (S. 819) authorizing the Secretary of the In­
terior to examine and adjust the accounts of William R. Little,
or his heirs, with the Sac and Fox Indians, reported it without
amendment.
Mr. D IX O N , from the Committee on Indian Affairs, to whom
was referred the bill (S. 3640) to amend sections 9 and 14,
chapter 1495, Statutes of the United States of America, en­
titled “An act for the survey and allotment of lands now em­
braced within the limits of the Flathead Indian Reservation, in
the State of Montana, and the sale and disposal of all surplus
lands after allotment,” reported it without amendment and sub­
mitted a report thereon.

\

1908

CONGRESSIONAL RECORD— SENATE.

Service are to be boused, why not the employees of the PostOflice Department and of the Treasury Department?
Mr. PROCTOR. I f the Senator will allow me------Mr. H A L E . I only wish to suggest to the Senator, In making
his inquiries and bringing in the facts to answer the pertinent
questions of the Senator from Idaho, that at the same time he
consider whether there is any precedent heretofore established
R>r the Government housing employees outside o f Washington.
^ Mr. PROCTOR.
Mr. President, the misunderstanding has
come from my careless use of a very general term, the word
housing.” It is only intended to mean office rooms, working
rooms, not at all houses. There is no housing in my knowledge
except the building of shacks for the foresters in the woods,
which they build themselves.
Mr. IiE Y B U R N . I desire to make a further suggestion regardmg the matter. I think the joint resolution should go to
too Calendar until we have in detail the information that has
een suggested. I have not had an opportunity to put my
equest for information in the form of a resolution, and it peraps will not be necessary to do it, but I would suggest that the
o f the committee in charge of the joint resolution
.
tiave the information collated and at hand when the
'imi f 1? comes llP for Anal consideration. It involves $60,000
1
r .,< 0f, a Pul’P<>se that it seems to me we should inquire about.
-,1
Vi
tIie -ioint resolution go to the Calendar.
„
1 'IC E -P R E S ID E N T . The joint resolution has already
0
8°M t0 the CaIendarBU R N . I have already asked that it go over, and I

it 1 ! , , to ttae Senator that I shall feel impelled to ask that
Senate n°^
krouSfit U until the information is before the
P
SURVEY AT DEPERE, W IS.
W 'm ^rn lw !V
P

,the Committee on Commerce, to whom
at Denov ( (L - ie
2314) providing for a turning basin
D piiovI w ’ W is ” and a 20-foot channel from Green Bav to
ponedinaefinite!y .rte<1 ai,VCTSely H‘ ercon' ana the bi»

Post-

fr° i " the same committee, reported the following
wmrent lesolutxon as a substitute for Senate bill 2314:
T i v i f 8 f i 1(
^
Senate ( the House of Representative# concurrina)
tae Secretary of W ar be, and he is hereby, authorized and di
frl , ted to cause an examination and survey to be made at Deoere W is

eSU m a t » Ctorf t t o T Z S , ,r ° "

G tee°

p S I n t t f S n T a r .^

^

Ba,

,0

De|,ere'

coacarrea‘

■” » «»

lu t o S t

^111 be

STENOGRAPHER FOR COMMITTEE ON INDIAN DEPREDATIONS.

Mr. IvEANL I am directed by the Committee to Audit am
Control the Contingent Expenses of the Senate, to whom wa<
referred the resolution submitted by the Senator from Kansa:
t M r . C u r t i s ] on the 13th instant, to report it with amendments
and I ask for its present consideration.
The Senate, by unanimous consent, proceeded to consider th(
resolution, which was read, as follow s:
7^iat the Committee on Indian Depredations be, and th<
aU,th0/ f edc t0 °.mP!°y a stenographer, to be paid fron
the contingent fund of the Senate, at the rate of $1 ,0 2 0 per annum, sail
employment to continue during the Sixtieth Congress.

The amendments of the committee were in line 4, before tin
word “ dollars,” to strike out “ and twenty,” and in line 5 t(
stnke out the words “ Sixtieth Congress ” and insert “ firsi
session of the Sixtieth Congress;” so as to make the resolutioi
rea d :
Resolved, That the Committee on Indian Depredations be and th<
same is hereby, authorized to employ a stenographer, to be paid fron
the contingent fund of the Senate, at the rate of $ 1,000 per annum
C o n - S ° yment t0 coutinue dui-iag the first session of the Sixtietl

The amendments were agreed to.
The resolution as amended was agreed to.
STENOGRAPHER FOR COMMITTEE ON THE UNIVERSITY OF TO E UNITED
STATES.

Mr. K E A N . I am directed by the Committee to Audit and
Control the Contingent Expenses of the Senate, to whom was
referred the resolution submitted by the Senator from Indiana
[ M r . H e m e n w a y ] on the 13th instant, to report it with amend­
ments, and I ask for its consideration.
The Senate, by unanimous consent, proceeded to consider the
resolution, as follow s:
Resolved, T hat the Committee on the University of the United States
be, and the same Is hereby, authorized to employ a stenographer to be
paid from the contingent fund of the Senate, at the rate of $1 o’^O per
annum, said employment to continue during the Sixtieth Congress

X L 11------ 19




769

The amendments of the committee were, in line 4, after the
word “ thousand,” to strike out “ and tw en ty;” and in line 5,
to strike out “ Sixtieth Congress ” and insert “ first session of
the Sixtieth Congress,” so as to make the resolution read:
Resolved, That the Committee on the University of the United States
be, and the same is hereby, authorized to employ a stenographer, to be
paid from the contingent fund of the Senate, at the rate of $ 1 ,000 per
annum, said employment to continue during the first session of the
Sixtieth Congress.

The amendments were agreed to.
The resolution as amended was agreed to.
HEARINGS BEFORE THE COMMITTEE ON AGRICULTURE AND FORESTRY.

Mr. K E A N , from the Committee to Audit and Control the
Contingent Expenses of the Senate, to whom was referred the
resolution submitted by Mr. P r o c t o r on the 13th instant, re­
ported it without amendment, and it was considered by unani­
mous consent and agreed to, as follow s:
Resolved, That the Committee on Agriculture and Forestry be, and
is hereby, authorized to employ a stenographer from time to time, as
may be necessary, to report such testimony as may be taken by the
committee or its subcommittees in connection with matters before them,
and to have the same printed for its use, and that such stenographer
be paid out of the contingent fund of the Senate.
ELLEN F. BARTLETT.

Mr. K E A N , from the Committee to Audit and Control the
Contingent Expenses of the Senate, to whom was referred the
resolution submitted b y Mr. L odge on the 13th instant, reported
it without amendment, and it was considered b y unanimous
consent and agreed to, as fo llow s:
Resolved, That the Secretary of the Senate be, and he is hereby,
authorized and directed to pay to Ellen F. Bartlett, widow of Joseph
W . Bartlett, late a clerk in the office of the Secretary of the United
States Senate, a sum equal to six months’ salary at the rate he was
receiving by law at the time of his demise, said sum to be considered
as including funeral expenses and all other allowances.
SURVEY OF OCONTO HARBOR,

W ISCONSIN.

Mr. D E P E W , from the Committee on Commerce, to whom
was referred the bill (S . 2316) providing for a survey of
Oconto Harbor, Oconto, W is., reported adversely thereon, and
the bill was postponed indefinitely.
H e also, from the same committee, reported the following
concurrent resolution as a substitute for Senate bill 2316:
Thnf

.

to v.' vtx I'ty

x lU llo L /

u/

£vCJJ 1 C G d Z Z 'V C8
6 fl/Z

COYl’C U V V lYlC J

),

,ie Secretary of W ar be, and he is hereby, authorized and diw . te<N to Saus,e
,rPn examination and survey to be made of Oconto Hartn r n in ^ w iY V
X,is”
v 1 ,a v iew , to providing a 20-foot channel and
turning basin in said harbor, and to submit estimates for the same.

The V IC E -P R E S ID E N T .
placed on the Calendar.

The concurrent resolution will be

COMMITTEE

SERVICE.

Mr. H A L E . Mr. President, I submit a privileged resolution
and ask for its adoption.
The resolution was read, considered by unanimous consent
and agreed to, as follow s:
. R*80lve.d> T hat the following appointments
in committees of the S enate:
Air. du F ont
M c C u m b e b on the Census, Mr. S u t h e r l a n d
Laws of the United States, and M r. L on g on

be made to fill vacancies
on M ilitm *v \ rp ■
on the Revision o f the
Privileges and Elections.

ADJOURNMENT TO MONDAY.

Mr. H A L E . I move that when the Senate adjourns to-day it
be to meet on Monday next.
Mr. H E Y B U IIN . W ill the Senator allow me to make a state­
ment?
Mr. H A L E . I yield to the Senator for a moment.
H E Y B U R N . W e are now engaged in the consideration
ot the bill for the revision of the criminal code. It is a work of
infinite detail and not one that interests all of the Senate di­
rectly that is, it is not one in which all Senators take an
interest. It would be very profitable to have that work con­
tinue. I f we could continue it under an understanding or an
agreement that nothing else would be done------The V IC E -P R E SID E N T . The Chair will call attention to the
fact that under the rule a motion to adjourn to a dav sneeifiorl
is not debatable.
1
Mr. H E Y B U R N . I ask unanimous consent to make a stnto
ment in connection with the motion.
The V IC E -P R E SID E N T . Is there objection to the reouest
made by the Senator from Idaho that he be permitted to m i l 5
a statement? The Chair hears none.
i ^ i u e a to make
Mr. H E Y B U R N . I desire to make this suggestion which t
was proceeding to make, that we enter into an a g r e e m S that
nothing but the revision of the criminal code will be c S d e r e d
and allow the Senate to remain in session. Otherwise the work
o f many years is apt to fail, as it has heretofore failed of C n
O
sideration during the Congress, and it will all have to be done
over again. It is a matter of very serious importance
On




770

CONGRESSIONAL RECORD— SENATE.

yesterday when the bill was under consideration there was a
very small attendance of Senators, but sufficient to watch the
progress o f its consideration and see that there was nothing
objectionable in it.
I f it would meet with the approval of the Senate, I should
like to have the motion of the Senator from Maine modified
so as to enable us to proceed with the consideration of that
measure.
Mr. IIA L E . Mr. President, I do not want to interfere with
the Senator from Idaho, nor with the actual transaction of
business. Several Senators have said to me that they desirj
an adjournment in order to work in committees, and it was saiil
that yesterday in considering the Senator’s bill— I was nJt
here— not more than half a dozen Senators were in the Cham­
ber, and that the Senate resorted to a call of the body in order
to bring members here. On the proposition that I do not seel#
to interfere with the Senator, I am willing to withhold tup
motion for the present and see whether------\
Mr. BACON. Mr. President------The V IC E -P R E S ID E N T . Does the Senator from Mai
yield to the Senator from Georgia?
Mr. H A L E . Certainly.
Mr. BACO N. I f the Senator will pardon an interruptio;
in order that he may not withhold his motion upon any m
apprehension as to the attitude of some of us in regard lo
the matter, I desire to say that I shall object to any propoi
tion to take up this important bill with the idea that nothin
else is to be done, with a view that all who may not be inter
ested in the measure may absent themselves from the Chamber,
The result of such an arrangement will be that, as there was
yesterday, there will be but a handful of Senators present when
it is announced that nothing else is to be done.
I do not consider that there is anything more important de­
manding the presence of a full Senate than the consideration
of the bill which the Senator from Idaho has in charge, and I
shall object to any proposition that that bill shall be taken
up and an agreement shall be had that nothing else shall be
done, because that agreement at once empties the Chamber of
every Senator who may not feel that he is going to take any
particular part in it.
Mr. H A L E . Then, I will submit my motion and let the Sen­
ate settle it.
The V IC E -P R E SID E N T . The Senator from Maine moves
that when the Senate adjourns to-day it be to meet on Monday
next.
The motion was agreed to.

Jan

u ary

16,

BILLS INTRODUCED.

Mr. LO DG E introduced a bill (S . 4019) for the relief of
Edwin U. Curtis, assistant treasurer of the United States at
Boston, which was read twice by its title and referred to the
Committee on Finance.
„
^
..
•
Mr. T A L IA F E R R O introduced a bill (S . 40o0) to authorize
the sale of certain parts of Fort Marion R e s e r v a t io n , in th e
city of St. Augustine, Fla., which was read twice by its title
and, with the accompanying papers, referred to the Committee
on Military Affairs.
.
. ,
.
Mr. O W E N introduced a bill (S. 4051) r e la tiv e t o in te re s t on
the Eastern Cherokee Fund, which was r e a d tw ic e b y its t itle
and, with the accompanying papers, r e fe r r e d to th e C o m m itte e
on Indian Affairs.
,
He also introduced a bill (S . 4052) for the relief of the
estate of Edmond Manes, which was read twice by its title and,
with the accompanying paper, referred to the Committee on
Claims.
,
..
H e also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
Military Affairs.
,,
. . T .
>
A bill (S . 4053) to authorize the President to appoint Bi g.
Gen. Frank D. Baldwin to the grade of major-general in the
United States Arm y and place him on the retired lis t; and
A bill (S . 4054) canceling the balance of deferred payments
due from settlers in the purchase of lands in the so-called
“ Wood Reserve,” attached to the Fort Sill Military Reservation, Okla.
., ,
k Mr. CULLOM introduced the following bills, which were sev­
erally read twice by their titles and referred to the Committee
on Pensions:
.
.
.
A bill (S . 4055) granting an increase o f pension to Charles
iV Asbury *
I,
A bill (S . 405G) granting an increase of pension to Aaron F.
Youngblood; and
.
.
, „
. _
A bill (S . 4057) granting an increase of pension to Pascal J. »
■
Ellsworth.
, ,,
, „
.
, . .
Mr G A L L IN G E R introduced the following bills, which were
severally read twice by their titles and referred to the Commit­
tee on Pensions:
_
A bill (S . 405S) granting an increase of pension to De Forest
Safford (w ith the accompanying p a p e rs); and
A bill (S. 4059) granting an increase of pension to James II.
Conley.
Mr. G U G G E N H E IM introduced a bill (S . 40G0) providing for
prospecting, mining, and canal ditch and reservoir building on
forest reserves and other public lands of the United States,
BOOKS FOB LIFE-SAVING STATIONS.
which was read twice by its title and referred to the Committee
Mr. F R Y E . I am directed by the Committee on Commerce, on Forest Reservations and the Protection o f Game.
to whom was referred the bill (S . 3495) to authorize the trans­
Mr. B R O W N introduced a bill (S . 4061) granting an increase
fer of books from the Treasury Department library to the life­ o f pension to John F. Young, which was read twice by its title
saving stations of the United States, to report it favorably with­ and, with the accompanying papers, referred to the Committee
out amendment, and I submit a report thereon. I ask for the
on Pensions.
„
,
,. .
present consideration of the bill.
Mr. C L A R K o f Wyom ing introduced the following bills, which
The Secretary read the bill, and there being no objection, the were severally read* twice by their titles a n d r e fe r r e d to th e
Senate, as in Committee of the Whole, proceeded to its con­ Committee on the Judiciary:
sideration.
A bill (S. 4062) to amend section 5481 o f the Revised Statutes
The bill was reported to the Senate without amendment, or­ of*the United States (w ith an accompanying paper) ;
dered to be engrossed for a third reading, read the third time
A bill (S . 4063) relating to jurisdiction on appeals in the court
and passed.
of appeals of the District of Columbia in cases relating to pub­
SURVEY OF FLATHEAD BIVEB, MONTANA.
lic and Indian lands, and for other purposes; and
A bill (S . 4064) to provide for a term of the United States
Mr. SM ITH , from the Committee on Commerce, to whom was
referred the following concurrent resolution submitted by Mr. circuit and district courts at I-ander, W yo.
Mr. K N O X introduced a bill (S . 4065) for the relief of the
D i x o n December 21, 1907, reported it without amendment:
v J he sS1
l%te Sthe n °use of Representatives concurring). legal*representatives o f John Boyle, deceased, which was rend
twice by its title and referred to the Committee on Claims.
^ eci i tary
^ ar be: and be is hereby, authorized and directed
s
J'^yey to be4 made of the Flathead River, M ontana, from
Mr. H O P K IN S introduced a bill (S . 4066) authorizing the
of ,the
to the city of ICalispell, with a view o f dredgSecretary o f the Treasury to increase the compensation o f in­
n
C
out a Ahanael carrying 4 feet of water from the city
spectors o f customs, which was read twice by its title and re­
mate fo ? such Imp r o v e m n t a ^
t0 SUbmU & plaD and eSt‘ ‘
ferred to the Committee on Commerce.
The V IC E -P R E SID E N T . The concurrent resolution will be
He also introduced the following bills, which were severally
placed on the Calendar.
read twice by their titles and referred to the Committee on
SURVEY OF YELLOWSTONE BIVEB, MONTANA.
Pensions:
„ .
A bill (S . 4067) providing for pensions to the children of de­
fr0m the Committee on Commerce, to whom was
i ^ Urrent resolution submitted by Mr. D ixon ceased soldiers and sailors o f the United States in cases where
D ecember 21, 1907, reported it without amendment, as fo llow s: said children have become insane, idiotic, blind, deaf and dumb,
or otherwise physically or mentally helpless before the age of
ThaV'theC
Secretarv of w « r klhe ^ ° u S °t Representatives concurring),
e,
22 years;
to cause a
: ar'd be is hereby authorized and directed
froth the cit^
° 1 tbe Portion of the Yellowstone River
A bill (S . 4068) granting an Increase of pension to Peter M.
view It cleaning out the
£? the, mouth o f said river with a
Kiron (w ith accompanying papers);
Stage of water t h f r e t « hf„ ^ha? nel thereof so as to maintain a 4-foot
A
4069) granting an Increase
me« dam .n o subni|t . ptS'.na ISSjfte*Sr^SSri^SSfogSr” ' Rivetbill (S . accompanying papers) ; and o f pension to C h a r l e s
(with
A bill (S . 4070) granting an increase of pension to Thomas
Placed oa thePS n T a? N T'
concurre,lt resol“ a <>® will be
Boyd (with accompanying pajiers).

1908

A bi
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I V

1908.
A bill (S .
A bill ( 8 .
A bill (S .
deceased;
A bill (S .
deceased;
A bill ( 8 .
A bill (S .
deceased.

CONGRESSIONAL RECORD— SENATE.
3978) for the relief o f J. M. C arn ey;
3979) for the relief of W ashington Cam pbell;
39S0) for the relief o f the estate o f Lemuel Long,
3981) for the relief o f the estate o f Edwin Grant,
3982) for the relief o f Jonathan A m is ; and
39S3) for the relief o f the estate o f Nathan Perry,

H e also introduced a bill (S . 3984) to grant pensions to the
East Tennessee bridge burners, which was read twice by its
title and referred to the Committee on Pensions.
Hfi slso introduced a bill ( 8 . 3985) to restore Second Lieut,
vvinslow H art Iteaves to the rank and pay o f a lieutenant and
letn-c him for physical disability, which was read twice by its
Ar
referred to the Committee on M ilitary Affairs.
/'
A: r' O W E N introduced the following bills, which were sevally read twice by their titles and referred to the Committee
0n Finance:
^ kill ( 8 . 39SG) lim iting speculative loans by national bank­
ing associations;
A x A l)ill ( 8 . 3987) forbidding a national banking association
an^ eCeive deposits in excess of ten times its capital and surplus;

jr

*

don k/j* (S* 3988) providing a means for the insurance o f their
8 pii>> S
*be national banking associations o f the United
intp^S *
an?
exhansion of a bond-secured currency under an
pnividoti lai'^e Couil>elling the contraction o f the expansion so
rend6
introduced the follow ing bills, which were severally
rii
Fvice by their titles and referred to the Committee on
■ GJauns:
f kill (S . 3989) for the relief of Manuel M a d r il;
J
^990) for the relief of Mrs. Candelaria L. de Leceased ,adm inistratrix o f the estate o f Don B ias Lucero, de-

\

A bill (S . 3991) for the relief o f Joseph B. T u cker;
A kill (S . 3992) for the relief o f W illiam R edder: and
A bill (S . 3993) for the relief o f Pablo Ciriaco Baca.
H e also introduced a bill (S . 3994) for the relief o f Mrs.
Margaret Tucker, which w as read twice by its title and referred
to the Committee on Indian Depredations.
He also introduced .a bill (S . 3995) extending time o f pay­
ment on town-site lots in that part of Oklahoma form erly com­
prising the Indian Territory, which \vas read twice bv its title
and referred to the Committee on Indian A ffairs.
.Mr. P E N R O S E introduced a bill ( 8 . 3996) for the relief of
Charles N. W arner, which w as read twice by its title and re­
ferred to the Committee on M ilitary Affairs.
H e also introduced the follow ing hills, which were severally
read twice by their titles and referred to the Committee on
P en sion s:
A bill (S . 3997) granting a pension to Thom as F. W a lte r ;
A bill (S . 399S) granting an increase o f pension to Laura
V. T egethoff; and
A bill (S . 3999) granting an increase o f pension to Milton
S. Lytle (w ith an accompanying paper).
M r. B U L K E L E Y introduced a bill (S . 4000) granting a pen­
sion to Louisa S. W ilson , which was read twice by its title
and referred to the Committee on Pensions.
Mr. M c E N E IlY introduced a bill (S . 4001) granting an in­
crease o f pension to Matilda Ann Cheney, which w as read twice
by its title and, with the accompanying papers, referred to the
Committee on Pensions.
G O R E introduced a bill ( 8 . 4002) to lim it the effect of
the regulation o f commerce between the States and Territories
in certain cases, which w as read twice by its title and referred
to the Committee on Interstate Commerce.
H e also introduced a bill (S . 4003) granting a pension to
George G. Sherlock, which w as read twice by its title and referred to the Committee on Pensions.
H e also introduced u bill (S . 4004) for the relief o f Thom as
L. How, heir o f Jam es J. and Isaac S. H ow , deceased, which
was read twice by its title and referred to the Committee on
Claim s,
Mr. C L A R K E o f A rkansas introduced the follow ing bills,
which were severally read twice by their titles and referred
to the Committee on C la im s:
A bill ( 8 . 4005) for the relief o f the firm o f Bertrand &
S c u ll;
A bill (S . 400G) for the relief o f the estate o f J. H . Moseby,

deceased;
A bill (S . 4007) to carry into effect the findings o f the Court




715

o f Claims in the matter o f the claim o f the lieirs o f Burns
Polk, sr., deceased;
A bill (S . 4008) to carry into effect the findings o f the Court
o f Claims in the matter o f the claim o f the F irst B aptist
Church o f Helena, A r k .;
A bill (S . 4009) to carry into effect the findings o f the Court
o f Claim s in the m atter of the claim o f the Cumberland Pres­
byterian Church of Mount Comfort, A r k .;
A bill (S . 4010) to carry into effect the findings o f the Court
o f Claims in the matter o f the claim of W illiam A . Bethel,
adm inistrator;
A bill (S . 4011) to carry into effect the findings o f the Court
o f Claim s in the m atter o f the claim o f the estate o f Benjam in
Pigman, deceased;
A bill ( 8 . 4012) to carry into effect the findings o f the Court
o f Claim s in the m atter o f the claim o f the estate o f Joseph
Bean, deceased;
A bill (S . 4013) to carry into effect the findings o f the Court
o f Claims in the matter o f the claim o f the estate o f Richard
Higgins, deceased;
A bill (S . 4014) to carry into effect the findings of the Court
. of Claim s in the matter o f the claim o f the estate o f John
! Brewer, deceased;
A bill (S . 4015) for the relief o f Sliadrach H . W r e n ;
A bill ( 8 . 401G) for the relief o f heirs o f N athaniel S. W ord,
deceased;
A bill (S . 4017) for the relief o f heirs o f Q. Iv. Underwood,
deceased;
A bill (S . 4018) for the relief o f heirs o f John Nutt, deceased *
A bill (S . 4019) for the relief o f Ben M ahuren;
A bill ( 8 . 4020) for the relief of W . S. Jennings;
5 A bill (S . 4021) for the relief o f heirs o f Jesse Hollingshead,
.
!«deceased *
A bill (S . 4022) for the relief o f heirs of Jam es S. Ford,
deceased;
A bill (S . 4023) for the relief o f heirs o f N athan P. English,
deceased; and
A bill ( 8 . 4024) for the relief o f John IT. H am iter.
H e also introduced a bill (S . 4025) granting an increase o f
pension to George W . W alter, which w as read twice by its title
and referred to the Committee on Pensions.
Mr. B U R K E T T introduced a bill (S . 402G) to establish the
true status o f the First Regiment, Second Brigade, Nebraska
Mounted M ilitia, which was read twice by its title and referred
to the Committee on M ilitary Affairs.
Mr. B A C O N (by request) introduced the follow ing bills, which
were severally read twice by their titles and referred to the
Committee on the Ju diciary:
A bill (S . 4027) to parole United States prisoners, and for
other purposes; and
A bill (S . 4028) to regulate commutation for good conduct
for United States prisoners.
Mr. W A R R E N introduced a bill (S . 4029) to appoint W a r ­
ren C. Beach a captain in the A rm y and place liim on the re­
tired list, which w as read twice by its title and referred to the
Committee on M ilitary Affairs.
Mr. IIE Y B U R N introduced a bill (S . 4031) granting an in­
crease o f pension to Thom as D . Osborne, which w as read twice
by its title and referred to the Committee on Pensions.
Mr. D O L L IV E R introduced a bill (S . 4032) to establish the
direction and control o f public education in the D istrict of
Columbia, which was read twice by its title and referred to the
Committee on the D istrict o f Columbia.
Mr. F U L T O N introduced a bill (S . 4033) to satisfy certain
claim s against the Government arising under the N avy D epart­
ment, which w as read twice by its title and referred to the
Committee on Claims.
Mr. D IC K introduced a bill (S . 4034) to provide for the
establishm ent o f a Bureau o f Mining Technology, which was
read twice by its title and referred to the Committee on Mines
and Mining.
Mr. C A R T E R (b y request) introduced a bill (S 4035) to
provide for the payment o f certain claim s against the D istrict
o f Columbia in accordance w ith the act o f Congress aonroved
January 26, 1897, and as amended July 19, 1897, which w as
read twice by its title and referred to the Committee on the
D istrict o f Columbia.
H e aiso introduced a bill (S . 4036) for the relief o f George
H . Potter, which w as read twice by its title and referred to the
Com m ittee on Claim s.
e
Mr. D A N I E L introduced a bill (S . 4037) for the relief o f the
heirs o f Robert M . Ely, deceased, which w as read twice bv its
title and referred to the Committee on Claims.

CONGRESSIONAL RECORD— SENATE.
Mr. F R A Z IE R introduced the following bids, which were
severally read twice by their titles and referred to the Com­
mittee on Claim s:
A bill (S . 4038) for the relief o f the estate of David C.
Ham id, deceased (with an accompanying paper) ;
A bill (S. 4039) for the relief of the estate of F. K . Center,
deceased (with an accompanying p a p e r );
A bill (S. 4040) for the relief of the estates of W . M. Purcell
and Martha Purcell, deceased (w ith an accompanying paper) ;
A bid (S. 4041) for the relief of George T . Larkin;
A bill (S . 4042) for the relief o f the estate of John W .
A bid (S . 4043) for the relief of the estate of C. W . Crozier,
deceased;
A bill (S. 4044) for the relief of the estate of Zeno T. H a m s ,
deceased; and
.. T T
T T
A bid (S. 4045) for the relief of the estate of David H . H ays,
(JeCea

^

Mr. L A F O L L E T T E introduced a bid (S. 4046) to authorize
the cutting of timber, the manufacture and sale of lumber, and
the p r e s e r v a tio n of tlie forests on certain lands reserved for
Indian reservations in the State o f Wisconsin, which was read
twice by its title and referred to the Committee on Indian
Affairs.
Mr. D IC K introduced a joint resolution (S . R. 35) to pro­
vide for a mining technology branch in the Geological Survey,
which was read twice by its title and referred to the Commit­
tee on Mines and Mining.
ADDITIONAL CURRENCY.

Mr. B ACO N introduced a bill (S. 4047) to provide additional
currency, which was read the first time by its title.
Mr. BACO N. I ask that the bid be read in full at the desk.
The bid was read the second time at length, as fo llo w s:
A bill (S. 4 0 4 7 ) to provide additional currency.
Be it enacted, etc., That any national banking association which has
circulating notes outstanding, secured by the deposit of United States
bonds to an amount of not less than 50 per cent of Its capital stock,
omi whinh has a surplus of not less than 20 per cent, and any bank
or trust company, or savings institution, chartered either by the United
States or b?^ any State, in any State or Territory or in the D istrict of
Columbia, m a y ,'fo r the purposes hcro i ^ t e r s t a ; ed d e p o s i t with the
Treasurer or any assistant treasurer o f the United
“ “ J ?n
character8 and " m o u n t 1b ^ th e ^ T re a su re r of the
c ^ t iO T T ^ b a ^ ^ t r iM ^ ^ tr a p a n ^ ^ ^ ^ ^ ^ ^ j \ n8^ ^ p p r o v e d ^ in ^ e
<dmracter
aforesaid, such of the said bonds as s h ^ l 1^ approved in character
and amount by the Treasurer of the R njted S t a ^ and the becretary
of the Treasurv it shall be entitled to receive, upon the oraer or ine
Comptroller o f5 the Currency, United sta^
currency notes^ as h e ie ^
provided, in amounts equal to 100 per cent of the par v
,
case of United States bonds, and to Jo Per cent of the m a r k e t:r a h »
of State, county, and municipal bonds or obligations, as determlnea
by the Treasurer of the United States, provided the same shall not
exceed 75 per cent of the par value of said bonds or oblibations.
United States currency notes shall be prepared and executed a
vided by law for the preparation and execution of the outs tan
g
United States notes and shall be received at par in all parts of tnc
United States in payment of all taxes, excises, public ^ nd9> n , A
J
other dues to the United S ta te s ; and also for all salaries and ueDts
and demands owing by the United States to individuals, corporations,
and associations within the United S ta te s ; and when held by any
national banking association may be counted as part of its lawiui re­
serve. The said currency notes shall be issued only when secured by
deposits of bonds or obligations, as provided in this act, and when pre­
sented to the Treasury of the United States they shall on demand be
redeemed in gold coin of the United S ta te s ; and when so redeemed
they may be reissued as now provided by law in the case of the out­
standing United States notes, except as otherwise provided in this
act. Said currency note3 shall express upon their face that they are
payable in gold coin of the United States and that they are receivable
in payment of all dues and obligations to and by the United States.
S ec . 2. That the Treasurer of the United States, with the approval
of' the Secretary of the Treasury, may accept as security for the U
United
States currency notes provided for in the preceding section, bonds or
other interest-bearing obligations of the United States, or of any
State of the United States, or any legally authorized bonds issued
for municipal purposes by any city or county in the United States
which has been in existence as a city or county for a period of fifteen
years and which for a period of ten years previous to such deposit
has not defaulted in the payment of any part of either principal or
interest of any funded debt authorized to be contracted by It, and
which has at such date more than 2 0,000 inhabitants as established
by the last national census, and whose net indebtedness does not
exceed 10 per cent of the valuation of the taxable property therein,
to be ascertained by the last preceding valuation of property for the
assessment of taxes, provided the market value of such bonds or obliga­
tions so accepted is not less than par value.
The Treasurer of the
United States, with the approval of the Secretary of the Treasury, may
for the purposes of this act at any time require the deposit of addi­
tional securities or require any depositor to ^change the securities
already on deposit or to deposit in addition lawful money of the
United States to provide against the depreciation o f the market value
of said bonds or obligations below their par value, and should the
depositor fail to promptly comply with any or either of the said re­
quirements the Treasurer of the United States is hereby directed to
sen the said bonds or obligations at public sale.
S kc. 3. T hat all bonds deposited to secure United States currency
notes issued in accordance with the terms of this act shall be trans­
ferred to the Treasurer of the United States in trust for the associa­




Ja

n u ar y

15 ,

tion, hank, trust company, or savings institution depositing them, with
a memorandum to th a t effect attached to or written or printed on each
bond and signed by the cashier or some other officer of the association
or company making the deposit. A receipt shall be given by the
Comptroller of the Currency, or by a clerk appointed by him for that
purpose, stating that such bond is held in trust for the association,
bank, trust company, or savings institution on whose behalf the trans­
fer is made and as security for the redemption and payment of any
currency notes that have been or may be delivered to either of said
associations or companies. No assignment or transfer of any such
bond by the Treasurer shall be deemed valid unless countersigned by
the Comptroller of the Currency. The provisions o f sections 5 1 63,
5164, 5165, 5166 of the Revised Statutes, respecting United States
bonds deposited to secure circulating notes, shall, except as herein modi­
fied, be applicable to all bonds deposited under the terms of this act
to secure the United States currency notes hereby authorized.
S ec . 4. T hat each depositor o f bonds under the provisions of this
act shall pay to the Treasurer o f the United States, in the months of
January and July, a tax of one-half per cent for each year on the
amount of said notes received by him during the time said bonds re­
main on deposit, and each depositor shall receive all interest on said
bonds the same as though they were in his own possession. A ll money
received by the Treasury Department from the sale of said bonds or
obligations and in payment of the tax as herein provided for shall be
used for the purchase of gold coin, and said gold com shall be added to
the separate fund for the redemption o f United States currency notes.
S ec . 5. T hat any depositor of bonds under this act, or his lawful
representative, successors, or assigns, may at any time demand and
receive the bonds deposited, or the proceeds of their sale, as provided
by this act, together with any and ail deposits of lawful money which
the depositor may have been required to make, upon the return to the
Treasurer of the United States of an amount of United States cur­
rency notes equal to the face value o f the notes received by the said
depositor and the unpaid tax, as herein provided; and said currency
notes when so returned to the Treasurer of the United States by such
depositor or his lawful representative, successors, or assigns, shall, un­
der the direction of the Secretary o f the Treasury, be canceled and
destroyed. Any gold coin received by the Treasury Department under
the operations of this act shall be placed in a separate fund and
used only for the redemption o f the United States currency notes
herein provided for.
So much of the redemption fnnd provided f w by
the act o f March 14, 1900, as shall be necessary for the redemption of
any of these notes shall be temporarily transferred to this separate
fund and replaced as soon as possible.

Mr. BAC O N. Mr. President, before moving the reference
o f the bill to the Finance Committee, which I shall do, I d e -„
sire to say a very few words in explanation of it and in indi­
catin'* the differences between the measure which I propose
in this bill and the measure which has already been intro­
duced by the Senator from Rhode Island [Mr. A ldrich ].
The purpose o f each measure is the same— to give an in­
creased currency to the business o f the country. This bill
may be considered, and is in fact in a sense, an amendment to
the bill introduced by the Senator from Rhode Island. It is
engrafted upon that bill, and so fa r as the differences in the
two measures will permit the structure and the provisions and
even the phraseology of the bill o f the Senator from Rhode
Island have been preserved.
.
Not only the purpose o f the bill, but in part the particular
method, is the same in each measure, particularly so in the
essential feature, that the effort is made to enlarge the basis
upon which currency may be issued by adding to the present
basis of national bonds, State, m u n ic ip a l, and county b o n d sjfollowing, as I have done, the exact wording of the bill of the
Senator from Rhode Island in this particular, except that as
to railroad bonds I have omitted them. I do not think that
railroad bonds possess a sufficient stability and constancy of
value to permit them to he used as a basis for the issuance
currency and therefore I hat e loft them out.
It is proper to say also, Mr. President, that in drawing this

hill there are some of the features embraced in it which were
in a bill which was introduced by request by the Senator ii "in
vnnsvlvania [M r. K nox], but, as I will proceed to show and
ns anvone will see from reading the bill, while It has these
rlenoes and in fact identities in feature with each
S T h X
measures it differs materially from both of them in
sovera1 hnportant particulars, which I will briefly point out.
■
There are two fundamental differences between the measure
nronosed by m vself and the bill which has been introduced by
f t S o r £ £ ? Itliode island. The first
rttfferences is th is: The measure proposed by the Senator n i
Rhode Island seeks to secure the adk ‘ tJ ^ J f „ U®^
d i
°sD
‘ ttrough
by using exclusively the
to t h f m e a s u r e
which
is sought to extend those a g e n c y
so as to include all the moneyed institutions o f
con
which can come up to the required s t a n d a ^ a s expn , ^ 3 ®
1
the bill of the Senator from Rhode Island. There is i
crimination against the national banks. It is sinni y gtvui^ t
other moneyed institutions of the country an equal chanct
this regard with the national banks.
,
*0
I f this can be safely done, Mr. President, if in addition
the national banks all moneyed institutions chartered either dj
the United States or by States coming up to tins requir
standard can avail themselves of the opportunity and become

1908.

CONGRESSIONAL RECORD— SENATE.

Mining Exposition, Madison Square Garden, New York City,
and inviting other nations to participate therein, to report it
with amendments, and I submit a report thereon. I ask for the
present consideration o f the bill.
th e V IC E -P R E S ID E N T . The bill will be read for the infor­
mation o f the Senate.
The Secretary read the bill.
th e ^ b 'll? CBEIISON .

Is there a written report accompanying

The V IC E -P R E S ID E N T . There is a written report accompa­
nying it.
*
Mr. C U LB E R SO N . Let it be read.
I he V IC E -P R E S ID E N T . The Secretary will read the re­
port at the request o f the Senator from Texas.
The Secretary read the report, as fo llo w s:
[Senate Report No. 77, Sixtieth Congress, first session.]
Kirn011! : Committee on Industrial Expositions, having had under conW r ? tlon Seuate biu 2 *2 4 , reP °rt the said bill favorably with the fol° i m g am endm ents:
in to the title strike out in lines 2 and 3 thereof the words “ and invitDreamhi6 &ations to participate therein ; ” strike out the whole o f the
/
Word
benIImin£ with the word “ W hereas ” and ending with the
eti-itA therefore; y in line 4 strike out the words “ and d ir e c te d ;”
Will read tke wbole
tbe second section, so that the bill as amended
A bill providing for a United States exhibit at the International M in, s Exposition, Madison Square Garden, New York City.
Diroofnt*
etc-> T h at the Secretary of the Interior, through the
nio,.p
° r Jhe Geological Survey, is hereby authorized to prepare and
at
lbltion at the International M ining Exposition, to be held
e x h iiK n
^
ua.re Garden, New York City, M ay 25 to June 20, 1 9 08, an
and th o m l+K a.l n e I al resources of the United States and its possessions
Tim r methods o f m ining and extraction of m etals.”
ret-irv Uf « ns amended leaves it entirely to the discretion o f the Seccanioq n V n
Interior to make the exhibit described therein. The bill
r
rii
no a PProPriiition.
poiatedeXcom n^in refe,l;re,d to in the hill is one to be made by an incorP
panv ”
T h iP A
Dy’ ^alIed. the
International M ining Exposition ComM adlson S m m l PKS
i
v
v d at the M adison Square Garden,
hel,
20, 1908.
are’ New lo r k C lty’ beSm ning on M ay 2 5 and ending June
1 9 0 5 6 cl i f sed0
C
o
,nfrr ess,' at ‘ ts session In El Paso, T ex., in
o f m o s f nf h
resolution indorsing the proposition.
The governors
proval of R,,eh “ etal' ml, ^ ng s t a tea bave. expressed their written aptn
sucb an exposition, and preliminary steps have been taken
legislature6 of1' the*1State ' nftSm 0fh
l
iitaies Mineral resources.
The
nnrnktiure ,
tbe s t a t e Of Utah has made an appropriation for this
f m,P°®e and appointed a commission consisting of the governor and
the r ° thers;
is bel{eved that the recognition and encouragement bv
BthnnhS»r^ l Government which will be given by this b T win tend to
Btlmulate interest in the exposition.
No large expenditure of m o n e v
on the part of the Secretary of the Interior is contemplated
The comniittee is of the opinion that the exposition w ill be of benefit to the
K eat and growing mining industry, and therefore recommends that the
hill as amended do pass.
c

The V IC E -P R E S ID E N T . Is there objection to the present
consideration o f the bill?
Mr. C U L B E R SO N . M y attention was directed to a state­
ment in some part o f the report that no appropriation follows
the bill, and yet in another portion it is stated that no large
amount of money would be expended by the Department o f the
Interior to carry out the provisions o f the bill. I should like
to know from the Senator from Utah if it is expected that the
Government of the United States shall expend any money on
this exposition?
.M r. S U T H E R L A N D . A s the report says, Mr. President, the
bill itself carries no appropriation. The matter is left wholly
to the discretion o f the Secretary o f the Interior to make such
expenditures out o f the general fund as he, upon investigation,
fn«*iy deem necessary and proper.
*
S W to the Senator from Texas that if any expenditure
J
n m A is made I am sure it will not exceed from $5,000 to
$ 10,000. The whole matter is left to the discretion of the
Secretary of the Interior. The bill does not carry any special

appropriation.
Mr. T E L L E R . Is the bill up for consideration?
The V IC E -P R E S ID E N T . The bill was read for the informa­
tion o f the Senate, the Senator from Utah having requested
Unanimous consent for its present consideration. Is there
objection?
Mr. T E L L E R . I object to the present consideration o f the
bill.
The V IC E -P R E S ID E N T .
goes to the Calendar.

Objection is made, and

the bill

BIIAS 1NTBODUCED.
Mr. PR O C TO R introduced a bill (S . 4227) granting a pension
t0 Betty Van Metre, which was read twice by its title and
referred to the Committee on Pensions.
Mr. D E P E W introduced a bill (S . 4228) for the relief of
oamuel E. St. Onge Cbapleau, which w as read twice by its
Mile and, with the accompanying papers, referred to the Comt tlttee on M ilitary Affairs.




909

li e also introduced a bill (S ..4 2 2 9 ) for the relief o f Capt.
John C. Wilson, United States Navy, retired, which was read
twice by its title and, with the accompanying paper, referred
to the Committee on Naval Affairs.
Mr. STO N E introduced the following bills, which were sev­
erally read twice by their titles and, with the accompanying
papers, referred to the Committee on Pensions:
A bill (S . 4230) granting an increase o f pension to John L.
W e lc h ;
A bill (S . 4231) granting an increase o f pension to H arriet
C. L. Bonham ;
A bill (S . 4232) granting an increase o f pension to Addison
B a k er; and
A bill (S . 4233) granting a pension to Mary Spindler.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
Pensions:
A bill (S . 4234) granting a pension to Frederick E ggers;
A bill (S . 4235) granting a pension to Henry von B elirnd;
A bill (S . 4236) granting an increase of pension to Catherine
R . R ice; and
A bill (S . 4237) granting an increase of pension to Eli T.
Rhea.
E.

H e also introduced a bill (S. 4238) for the relief o f Sidney J.
W etherell, assignee o f A . V. D avis, which was read twice by its
title and referred to the Committee on Claims.
Mr. SC O TT introduced a bill (S . 4239) for the relief of
Stephen A . W est, which was read twice by its title and referred
to the Committee on M ilitary Affairs.
Mr. P IL E S introduced the following bills, which were sev­
erally read twice by their titles and referred to the Committee
on Public Buildings and G rounds:
A bill (S . 4240) providing for the erection of a public build­
ing at the city o f Bellingham, in the State o f W ash in gton ;
A bill (S . 4241) providing for a public building at Olympia,
State o f W ash ington ; and
A bill (S . 4242) providing for the erection o f a public build­
ing a t the city of Everett, in the State o f Washington.
Mr. SM OO T introduced a bill (S . 4243) granting an increase
o f pension to John Rodgers, which was read twice by its title
and, with the accompanying papers, referred to the Committee
on Pensions.
Mr. B O U R N E introduced the following bills, which were sev­
erally read twice by their titles and, with the accompanying
papers, referred to the Committee on Pensions :
A bill (S . 4244) granting an increase o f pension to W illiam
H . Son;
A bill (S . 4245) granting an increase o f pension to Eunice P.
A th e y ; and
A bill (S . 4246) granting an increase o f pension to Robert W .
Pool.
Mr. D IX O N introduced a bill (S . 4247) granting an increase
o f pension to O. S. Goff, which was read twice by its title and
with the accompanying papers, referred to the Committee on
Pensions.
Mr. m iu v v N introduced a bill (S . 4248) to increase the lim it
o f cost o f the United States post-office building at Kearnev
Nebr., which was read twice by its title and referred to the
Committee on Public Buildings and Grounds.
Mr. B O R A H introduced a bill (S . 4249) granting an increase
o f pension to Daniel Snell, which was read twice by its title
and, with the accompanying papers, referred to the Committee
on Pensions.
Mr. O V E R M A N introduced a bill (S . 4250) to provide for the
erection of a public building at Concord, N . C., which was read
twice by its title and referred to the Committee on Public
Buildings and Grounds.
Mr. C A R T E R introduced a bill (S . 4251) for the relief o f
Robert F. Scott, which was read twice by its title and referred
to the Committee on Public Lands.
Mr. H O P K IN S introduced a bill (S . 4252) granting an honor­
able discharge to John Cheyne, for the benefit o f Martha Ann
Cheyne, his widow, which was read twice by its title and re­
ferred to the Committee on M ilitary Affairs.
He also introduced a bill (S . 4253) granting a pension to
James D. Davis, which w as read twice by its title and referred
to the Committee on Pensions.
Mr. C U L B E R S O N (by request) introduced the following
bills, which were severally read twice by their titles and r e ­
ferred to the Committee on C laim s:
A bill (S . 4254) for the relief of the heirs o f Bethel A . Smith
deceased;
’
A bill (S . 4255) for the relief of the estate o f John T
derson, deceased;

H en­

910

CONGRESSIONAL RECORD— SENATE.

.January 21,

A bill (S. 4281) granting an increase of pension to George
A bill (S. 4256) for the relief of J. C. Lankford; and
A bill (S. 4257) to provide an American register for the H . T aylor; and
A bill (S. 4282) granting an increase o f pension to Flora
bark Baunen.
Mr. H E Y B U R N introduced a bill (S . 4258) granting an in­ Johnson Todd.
He also introduced a bill (S. 4283) for the relief o f the estate
crease of pension to George F. Thayer, which was read twice
by its title and, with the accompanying papers, referred to the of Sarah Roberts Clapp, deceased, which was read twice by its
title and, with the accompanying papers, referred to the Com­
Committee on Pensions.
Mr. E L K IN S introduced a bill (S. 4259) to regulate com­ mittee on Finance.
Mr. D O L L IV E R introduced the following bills, which were
merce with foreign nations, so as to equalize the footing of
American vessels with foreign, to make preference for the use severally read twice by their titles and referred to the Com­
of American ships in our own trade, to extend the postal serv­ mittee on Pensions:
A bill (S. 4284) granting an increase of pension to Gustaf
ice by American steamships, and to promote commercial in­
dependence, which was read twT
ice by its title and referred to A lstran d;
A bill (S. 4285) granting a pension to Rebecca E. Collins;
the Committee on Commerce.
Mr. CLAPP introduced a bill (S. 4260) to amend an act en­ and
A bill (S. 4286) granting a pension to Martha M. A. W hit­
titled “An act to amend an act entitled ‘An act to regulate
commerce,’ approved February 4, 1887, and all acts amendatory comb.
thereof, and to enlarge the powers of the Interstate Commerce , Mr. O W E N introduced the following bills, which were sev­
Commission,” approved June 29,1906, which was read twice by e r a lly read twice by their titles and referred to the Committee
its title and referred to the Committee on Interstate Commerce. on Indian Affairs:
A bill (S. 4287) authorizing the Court of Claims to hear,
Mr. G A LLIN G E R introduced a bill (S. 4261) authorizing the
appointment o f dental surgeons in the Navy, which was read /consider, and adjudicate with full equity powers the claims of
twice by its title and referred to the Committee on Naval ; the Tonkawa Indians of Oklahoma against the United States
for compensation for certain lands ceded by them to the Lnited
Affairs
Mr. K IT T R E D G E introduced a bill (S. 4262) granting an in­ : States under the Tonkawa agreement of October 21, 1891;
A bill (S. 4288) to empower the Court of Claims to hear
crease o f pension to George W . Belknap, which was read twice
by its title and, with the accompanying papers, referred to the /and determine the claims of Robert ^ . Belt and Joseph P. Mul­
len for services and expenses for the Choctaw and Chickasaw
Committee on Pensions.
„
,
_
___
Mr. P ILE S introduced a bill (S . 4263) to amend an act en­ freedmen;
A bill (S. 4289) for the relief of the people of Hartshome,
titled “An act to amend an act amending the act entitled ‘An
,
. ,,
....
act to authorize the receipt of United States gold coin in ex­ iO k la .;
change for gold bars,’ ” which was read twdce by its title and re­ ! A bill (S . 4290) providing for the extension o f time within
" which purchasers of lands in the Kiou a, Comanche, and
ferred to the Committee on Finance.
Mr. T A L IA F E R R O introduced a bill (S . 4264) granting an Apache reservations and the Fort Sill Wood Reservation may
„
. .
,
increase o f pension to C. L. Morrison, which was read twice! make paym ent;
A bill (S . 4291) to remit further payments by purchasers
by its title and, with the accompanying papers, referred to the‘ of lands within the limits o f the Fort Sill Military Wood Res­
Committee on Pensions.
Mr. PENROSE introduced a bill (S. 4265) to provide for the ervation in O klahom a; and
A bill (S 4292) for the relief o f Clarence W . Turner.
erection of a public building in the city of Chambersburg, Pa., *
He also introduced a bill (S. 4293) to establish a fish hatchery
which was read twice by its title and referred to the Committee i
on Platt National Park, Sulphur, Okla., which was read twice
on Public Buildings and Grounds.
He also introduced a bill (S. 4266) to establish a fish-culture by its title and referred to the Committee on Fisheries.
He also introduced a bill (S . 42<M) providing that the bonds
station at Trout Springs, Gallinas Canyon, San Miguel County,
N. Mex., which was read twice by its title and referred to the o f the United States may be used as legal tender, which was
read twice by its title and referred to the Committee on FU_.
Committee on Fisheries.
He also introduced a bill (S. 4267) to determine the quantity
of the so-called hammer blow, centrifugal lift, and tangential
throw of the counterbalance in locomotive driving wheels,
which was read twice by its title and referred to the Committee
on Interstate Commerce.
He also introduced a bill (S . 426S) for the relief of the
owners of the steamship Neicchivang, which was read twice by
its title and referred to the Committee on Claims.
He also introduced a bill (S. 4269) authorizing the Presi­
dent to nominate Lieut. Samuel Lindsey Graham, now on the
retired list, to be a commander on the retired list of the Navy,
which was read twice by its title and referred to the Committee
on Naval Affairs.
He also introduced a bill (S. 4270) fixing the status of the
Porto Rico Provisional Regiment of Infantry, which was read
twice by its title and referred to the Committee on Military
Affairs.
H e also introduced the following bills, which were severally
read twice by their titles, and referred to the Committee oil
Pensions:
A bill (S. 4271) granting an increase of pension to Perclval
M iller;
A bill (S. 4272) granting an increase of pension to William
H . McConnell;
A bill (S. 4273) granting an increase of pension to Theodore
G. Stoner;
A bill (S. 4274) granting an increase of pension to William
W . Archer;
A bill (S. 4275) granting an increase of pension to John E.
K itzm iller;
A bill (S. 4276) granting an increase of pension to Edward
F. Austin;
A bill (S. 4277) granting a pension to Etta C. Polhamus;
A bill (S. 4278) granting an increase of pension to Merrit
Tompkins;
A bill (S. 4279) granting an increase of pension to Thomas
A llen ;
A bill (S. 42S0) granting an increase of pension to John
M iller;




llllTTr GORE introduced the following bills, which were sever­
ally read twice by their titles and referred to the Committee
on Pensions:
.
. _
_
.
A bill (S . 4295) granting a pension to Evan M atson;
A bill (S . 4296) granting an increase o f pension to Francis C.
W ard * and
A bill (S . 4297) granting an increase of pension to Martin
B H e 'S 'i n t r o d u c e d a bill <S. 4208) to prohibitJ d ie use ot
the United States mail and to prohibit the use of teh graph
and telephone lines engaged in interstate business in ransacfinns relating to options in agricultural products, which was
read twice by its title and referred to the Committee on the
J Mr * E W L A N D S introduced a bill (S . 4299) authorizing the
President to reserve coal and lignite underlying public lands
for future disposal, which was read twice by its title and re­
ferred to the Committee on Public Lands.
Mr TELLER introduced a bill (S. J300) to -ran t additional
grade to officers and veterans, which w u tend twice by its
1title and referred to the Committee on Military Affairs.
AMENDMENT TO 8UNDBY CIVIL APPROPRIATION BILL.

Mr. T E L L E R submitted an amendment directing the Secre1tarv of the Treasury to purchase silver bullion and coin the
I S e into subsidiary- coin as the demands .1 ' the country stoH
; call for it, etc., intended to be proposal by him to ^
sundry
civil appropriation bill, which was referred to the Committee
; on Finance and ordered to be printed.
OFFICERS OF THE NAVY ON DUTY IN WASHINGTON.

Mr. H A L E submitted the following resolution, which was
! considered by unanimous consent and agreed to :
Resolved, That the Secretary of the Navy is hereby directed to seno
to the Senate a complete list of all line and staff officers o f t n e .
J
on duty in Washington, D. C., and in any navy-yard or naval stanou
in the United States on the 1st day of January. 1908. with the nam&
rank, and specific duty performed By such officer, and. when a tt.u .1 to any board in the Navy Department, the nature of his duty and i
necessity for the same.

1908.

CONGRESSIONAL RECORD— SENATE.

Mr. B U R R O W S presented memorials o f the Merchants’ Asso­
ciation o f St. Joseph; o f the Business Men’s Association o f
B attle C reek; o f the Michigan R etail Im plem ent and Vehicle
Dealers’ A ssociation ; o f the Grocers and Butchers’ Protective
Association o f Coldw ater; o f the Business Men’s Association
of South H a v e n ; o f the Board o f Trade o f A lm a ; o f the H ills­
dale County Branch o f the National Association o f R etail D ru g­
gists, o f Jonesville, and o f sundry citizens o f Belding, all in the
fetate o f Michigan, remonstrating against the passage o f the
• -called ‘ parcels-post bill,” which were referred to the Com­
a
mittee on Post-Offices and Post-Roads.
tT
iilk

al^° p r *s<i ? ted. a l o t i o n o f Pomona Grange, Patrons o f
sbandry, o f Berrien County, Mich., praying for the passage
Cal ° t> Par£.els'P °st bill,” which w as referred to the
Committee on Post-Offices and Post-Roads
T

° f the fa r m e r s ’ Institute o f
6 P ? ard o f S ade of A lm a, aad the Board o f
: a11 ^ t h e S t a t e o f Michigan, remonstrating

Phi rnhm T « i o « f 10n^ i the dUty ? n SUgar imported ^ o m the
Finance
I
ds’ whlclx were referred to the Committee on
H e also presented a petition o f the Thursday Club, o f St
Joseph, Mich., praying for the establishment o f a national forest
leserve o f the southern Appalachian and W h ite mountains,
winch was referred to the Committee on Agriculture and
I orestry.
Mr. T A L IA F E R R O presented a petition o f the Central Trades
Jj” ? Pabo1l Assem bly o f Tam pa, Fla., praying for the passage o f
r
the so-called “ parcels-post bill,” which w as referred to the
Committee on Post-Offices and Post-Roads.
M r. B E V E R ID G E presented a petition o f the Indiana Grain
Dealers Association, o f Indianapolis, Inch, praying for the en­
actment o f legislation providing for a uniform inspection of
gram under Government control, which was referred to the
Committee on Agriculture and Forestry.
l i e also presented a petition o f the Commercial Telegraphers’
Union o f Am erica, praying that an investigation be made into
S 5 * f f 1Sti ? 8 i condltloas in the telegraph service o f the United
L a b o r ’ WblCh WaS referred t0 the Committee on Education and
H e also presented a petition o f the Commercial Club o f
Indianapolis, Ind., praying for the enactment o f legislation to
increase and equalize the pay o f officers and e n l S men o?
the A rm y, N avy, M arine Corps, and Revenue-Cutter S e e
which was referred to the Committee on N aval A ffairs
’
H e also presented a petition o f the W om an ’s Christian Tem ­
perance Union of Ternpe, Territory o f Arizona, and a petition
of the congregation o f the B aptist Church o f Ternpe, Territory
iL l
for tbe enactment o f legislation to prohibit
the sale of intoxicating liquors in the Indian Territory which
were referred to the Committee on Indian A ffairs
H e also presented a petition o f sundry citizens o f Lim a Ind
and a petition o f sundry citizens o f Henry County Ind ’ pray­
ing for the passage o f the so-called “ parcels-post bill,”” which
were referred to the Committee on Post-Offices and Post-Roads
H e also presented a memorial o f the Commercial Travelers’
Congress o f San Francisco, Cal., remonstrating against the
passage o f the so-called “ parcels-post bill,” which was referred
to the Committee on Post-Offices and Post-Roads.
Mr. F R Y E presented a petition o f China Grange, o f China,
Me., praying for the enactment o f legislation to prohibit the
use o f the m ails for the purpose o f advertising intoxicating
liquors, which w as referred to the Committee on Post-Offices
and Post-Roads.
Mr. C U L L O M presented a memorial o f sundry citizens o f
Mount Sterling, 111., remonstrating against the passage o f the
so-called “ parcels-post bill,” which w as referred to the Com­
mittee on Post-Offices and Post-Iioads.
Mr. D E P E W presented a petition o f Local Union No. 9 In­
ternational Typographical Union, o f Buffalo, N. Y., and a petition ot Local Union No. 96, International Typographical Union,
o f Glens Falls, N. Y., praying for the repeal o f the duty on
white paper, wood pulp, and the m aterials used in the manu­
facture thereof, which were referred to the Committee on
Finance.
M r. IIE M E N W A Y presented a petition o f the W om an ’s Chris­
tian Temperance Union o f Crown Point, Ind., praying for the
enactment of legislation to regulate the interstate* transporta­
tion o f intoxicating liquors, which w as referred to the Commit­
tee on the Judiciary.
li e also presented a petition o f sundry members o f the Pres­
byterian, Christian, and Methodist Episcopal churches of
Charlestown, Ind., praying for the enactment o f legislation to
prohibit tbe m anufacture and sale o f intoxicating liquors in
the D istrict o f Columbia, and also for the enactment o f legisla­




1005

tion to regulate the interstate transportation o f intoxicating
liquors, which w as referred to the Committee on the D istrict of
Columbia.
H e also presented a memorial o f Post F , Travelers’ Protective
Association o f Logansport, Ind., remonstrating against the pas­
sage o f the so-called “ parcels-post bill,” which w as referred to
the Committee on Post-Offices and Post-Roads.
H e also presented a petition o f the State Grain D ealers’ A s ­
sociation o f Indianapolis, Ind., praying for the enactment o f
legislation providing for the inspection o f grain under Federal
control, which was referred to the Committee on Agriculture
and Forestry.
M r. B R A N D E G E E presented a petition o f the American In­
stitute o f Electrical Engineers, o f Boston, Mass., praying for
the enactment o f legislation to establish national forest re­
serves, which w as referred to the Committee on Agriculture and
Forestry.
M r. H O P K IN S presented a petition of Local Union No. 4, In­
ternational Stereotypers and Electrotypers’ Union, o f Chicago,
111., praying for the repeal o f the duty on white paper, wood
pulp, and the m aterials used in the m anufacture thereof,
which w as referred to the Committee on Finance.
Mr. B U R K E T T presented a petition o f the Nebraska Comnmndery, M ilitary Order of the Loyal Legion o f the United
States, praying for the enactment o f legislation creating a
volunteer retired list in the W a r and N avy Departm ents for
the surviving officers o f the civil war, which w as referred to
the Committee on M ilitary Affairs.
Mr. K N O X presented petitions o f Grange No. 1233, Patrons of
Husbandry, o f Ila r tsto w n ; Grange No. 839, Patrons o f H u s­
bandry, o f Farm in gton ; sundry citizens o f Juniata C o u n t y
sundry citizens o f Bradford C ou n ty; sundry citizens o f In di­
ana and T estmoreland counties, and sundry citizens o f K au ffV
nf1 m thK f tate.
1
Pennsylvania, praying for the enact­
ment o f remedial legislation in connection with the Federal
law s which deal with the m anufacture and sale o f oleomargaim e, which were referred to the Committee on Agriculture and
a orestry.
H e also presented petitions of the U nited Presbyterian Pres­
bytery, of Monongahela, and o f sundry citizens o f Brandt, Pa.
praym g for the enactment o f legislation providing that the
motto
In God we trust ” be used on all coins o f the United
States, which were referred to the Com m ittee on Finance.
H e also presented petitions o f Arthur H . H askins, o f Rey“ c!S
n« ;
B . V an Gorder, o f New C a stle ; D . R . Reynolds,
°£ ^ bdadf lpbl.a • J: c - W allace, o f Y o r k ; Rev. Charles I. Junkin,
or i hiladelph ia; Magbee M usic Publishing Company, o f Pittsburg, and L. M. Leberman, o f Philadelphia, all in the State
o f Pennsylvania, and o f Charles K . H arris and Abe H olzm ann,
o f New York City, N. Y., praying for the passage o f the socalled Ivittredge copyright hill, which were referred to the
Committee on Patents.
H e also presented m em orials o f A . B. Farquhar o f Y ork*
Justice, Batem an & Co., o f Philadelphia; R. Francis W ood’
r W M e lp b la ;
Christian, o f ’ P h iln 4 e ? p S a ; Rev!
N . I . Gilman, o f M eadville; George Burnham, jr., o f PliiladelPina; B W . Beosley, o f P hiladelphia; W . H .CM cClellan, o f
\ 0 T)V-?rf f rx Pa€® * Pag? ’ o f Philadelphia; W illia m C. Stover,
S.
o f I h iladelphia; John Meigs, o f P ottstow n ; H enry M . Steel of
Philadelphia; Juniata Oak Extract Company, o f Mount U nionBenjam in Cadbury, o f Philadelphia; Thom as S. W illia m s of
Philadelphia; Edward W etherill, o f Philadelphia; Anna Thorpe
W etherill, o f Philadelphia; J. Milton Colton, o f Jenkintow n;
Henry L. Child, o f Philadelphia; T . C. Palmer, o f Chester; A . G.
Scattergood, o f P h iladelph ia; Rev. F. C. Southworeh, o f M ead­
ville, and TV. B. Buck, o f Philadelphia, all in the State of Penn­
sylvania, remonstrating against the enactment o f legislation
providing for the appointment without a competitive exam ina­
tion o f additional clerical force for the taking o f the com iiy
census, which were referred to the Committee on the Census *
H e also presented petitions o f Local Union No. 16, Interna­
tional Typographical Union, o f P ittsbu rg; Local Union No
242, International Typographical Union, o f York and Local
Union No. 437, International Typographical Union, o f Frank­
lin, all in the State o f Pennsylvania, praying for the reoeal
o f the duty on white paper, wood pulp, and the m aterials used
in the manufacture thereof, which were referred to the Com
iuittee on Finance.
um’

raorosED

f in a n c ia l

l e g is l a t io n .

Mr. SM O O T. I present an address of the Commercial Club
of Salt Lake City, Utah, on the subject of the recent financial
panic and suggesting legislation. I ask th a t it be printed in
the Record and referred to the Committee on Finance
There being no objection, the paper was inferred to the

CONGRESSIONAL RECORD— SENATE.

1006

Committee on Finance and ordered to be printed in the R ecord ,
as follows:
An address to the President, the Congress, and the people of the Lnited
States.
1. A law amending the present law governing greenbacks, to author­
ize the Government expenses for the succeeding tour months, amoun ing to perhaps 175,000,000 per month, to he paid in a new issue ot
greenbacks.
(So paid, the money would be at ° ° c e distributed to
every portion of the Republic. If. the present greenbacks were a safe
money when issued, to double their amount would be good, inasmuch
as the population has doubled since then and property values have
in<2.e A &lawnfautiiorizing national depositories and national hanks to
purchase of or loan money to individuals, farms, or corporation upon
the bonds of the Lnited States when presented and ^Posited for such
sale or loan ; the United States Treasury to supply such depositories
and banks with special Treasury notes for that purpose.
(The object
being, of course, to help individuals, firms, or corporations m a stress
like the present one; our understanding being that something ove
$840,000,000 of such bonds are now in private hands and>
for use in the country. Such a law ought to go far toward relieving
the present
^he purChase and immediate use in subsidiary coin
and silver certificates of 50,000,000 ounces of silver annually in quar­
terly purchases, to reenforce the much-needed small coins and silve
cerDficates-ition tQ Oongresg asking that b<^ y
^ ^ ^ i z e and in d o m
the calling of an international conference by the President to consider
and if nossible to agree upon the remonetization of silver on a fair
ratio *with3 gold, the^ppoinfm ent of a commission favorable to remone­
tization, and authorizing such commissioners to negotiate for suen re
monetization when a majority of the leading powers consent.
The reasons for this are manifold. Of the many we name a tew

J anuary 23,

ther consideration, and that it be referred to the Committee
on Pensions, which was agreed to.
He also, from the same committee, to whom was referred the
bill (S. 88) for the relief of the State of New Hampshire, asked
to be discharged from its further consideration, and that it be
referred to the Committee on Claims, which was agreed to.
He also, from the same committee, to whom was referred the
bill (S. 3830) for the relief of the State of Pennsylvania, asked
to be discharged from its further consideration, and that it be
referred to the Committee on Claims, which was agreed to.
He also, from the same committee, to whom was refeiiod the
joint resolution (S. R. 33) adjusting the status of certain omcers of the Army as to the period of service required by ttie
act of Congress approved June 30, 1882, to entitle an Army
officer to retirement on his own application, reported it witnout amendment, and submitted a report thereon.
He also, from the same committee, to whom was referred, tne
bill (S. 653) to authorize commissions to issue in the cases of
officers of the Army retired with increased rank, reported it
without amendment and submitted a report thereon.
He also, from the same committee, to whom was referred the
bill (S. 428) granting an honorable discharge to Amos Dahuff,
reported it without amendment and submitted a report thereon.
Mr. FRYE, from the Committee on Commerce, to whom was
referred the bill (S. 3345) to provide for the construction of a
revenue cutter of the first class for service in the waters of
Key West, Fla., reported it with an amendment and submitted

u lf i iv e r is basic money and so declared in the Constitution of the
^ 2^eEvery reason supplied for its demonetization w as a fallacy as
T
events have since demonstrated.
.
_
spttmd
3. The decision by the people against silver in 1S96 no more settled
the question than it did the tariff question.
in tho nast
4. The immense sums invested in permanent property in the past
seven years, the immeasurable sums needed for
*the
J. J. Hill says five thousand millions are needed by the railroads In the
coming five years), are notices that the struggle of! the Ln
all'the
should be like that of the great powers beyond the sea, to boaid ail the

He'also, from the same committee, to whom was referred the
bill (S. 3438) to authorize the construction and maintenance ot
a dam or dams across the Kansas River withm ». haw nee
County, in the State of Kansas, reported it with amendments
and submitted a report thereon.
Mr PILES from the Committee on Commerce, to whom was
referred the bill (H . R. 12439) authorizing the construction of a
bridge across White River, Arkansas, reported it without amend-

S°5d £heSigoe reserves of the world need to be strengthened in every
id
possible, legitimate way to support the immense investment pyramid of
Cr6 iThe product of gold in the world now “ d for many
d
to rome
is, and must be, from two to two and a half tim e s th e product in
value of that of silver, while quite two-thirds of the inhabitants of the

e^

U Mr SU TH ERLAND , from the Committee on Indian Affairs,
1
to whom were referred the following bills, reported them severallv without amendment and submitted reports thereon:
A bill (S. 517) authorizing the purchase of lands for Califor­

IS S L * a C.T 5 iJ !r 5 B d W i the necessity of sending gold nia Indians; and
ef

„
,
..
A bill (S. 518) to make an appropriation for the construction
of a wagon road on the Hoopa 1 alley Indian Resen ation, in
California.
, , r. ,
.
Mr. D ICK, from the Committee on Mines and Mining, to
whom was referred the joint resolution (S . R. 18) appointing a
commission to investigate the recent mining disasters in certain
States of the United States, reported it with amendments.
b 1D ° S fiver* es tor at ion won Id 'se t H e' al i difficulties with exchanges in
10
Mr D IXO N , from the Committee on Indian Affairs, to whom
dealing with silver-using countries, it would make possible a stable cur­
rency for the Philippines; it would magnify our trade and piestige in was referred the bill (S. 30,84) providing for the purchase of
the Orient and Spanish America.
.
,,
machinery, tools, implements, and animals for ^ e I°?ia n s on
11. Between 1873 and 1896 because of demonetization of silver
Fort Belknap Indian Reservation, in the state of Montana, to
miners of the W est lost quite $ 3 5 0 ,0 0 0 ,0 0 0 ; the losses suffered on t <
account by the producers of the Eastern States is measured by the enable said Indians to engage in the raising of sugar beets and
fall in values, which was not less than 37^ per cent.
____
other crops, reported it with amendments and submitted a re-

to the Orient or Spanish America.
»„Q
t,+i0hie nnd re
8 The demand for silver, even as a commodity, is tnsatiiable, ihd stored it would be as it always was before it was dethroned, i i ^ m o r e
measure of value than gold, because its use would be so much moie
General? and it was always the money hoarded by the poor.
S 9 Silver made resumption of specie payments possible, and had it
not been disturbed, the present distress would have been avoided, for
wRh it restored every bank would be greatly strengthened, and no com-

The loss of silver miners since 1896 by the demonetization has been
quite $300,000,000, the gain being chiefly to foreigners, and no Gov­
ernment ought to force a senseless loss of that magnitude upon any por­
tion of its people, for, iu the words of President Roosevelt:
“ W hat is of vital consequence to one portion of our country is of
vital importance to the whole country.”
.
_.
, , ,.
Our country struggled slowly upward for sixty years.
The gold dis­
covery of 1849 caused more advancement in ten years than there had
been in the previous sixty. Ten years later came the Comstock, wnicn
held the credit of the nation secure through the great war.
Silver demonetization caused a depression which culminated in the
absolute paralysis of business and the ruin of all who were in defat.
The mining of the precious metals in the far W est has been the vitaliz­
ing, steadying force of the Republic for fifty-seven years. Those miners
have never made a request that was not founded in justice and winch
did not hold the good of all the States in its scope. Their appeals are
entitled to the respectful consideration of the President, Congress, and
country.
Respectfully submitted.

John Hern, Chairm an,
John S. Bransford,
S. H. Love,
Ch a s .

a

. Q u ig l e y ,

Wu. H. King,
T homas Kearns,
M. II. Walker,
C. C. G o o d w in ,

C om m ercial Club’ s C o m m ittee.

Approved by the board of governors of the Commercial Club Janu­
ary 16, 1908.

I seal.]

Wsi. J. Halloran, P r e s i d e n t .
Fisher Harris, S e c r e t a r y .
CONSTITUTION OF OKLAHOMA.

jHirt thereon

^

^

Comm,ttee on Military Affairs

to

whom was referred the bill (S . 2291) for the purchase of land
on Cu«*hin« Island, Maine, asked to be discharged from its further consideration, and that it be referred to the Committee on
Annronriationa, which was agieed to.

Mr T YLIAFERRO, from the Committee on Pensions, to
whom was referred the following bills, reported them severally
without amendment and submitted reports thereon:
A bill (S. 1758) granting a pension to Adolphus N. Pecetty,
aUA Kill (S . 57) granting a pension to Alvah Moulton.
He also from the same committee, to whom were referred the
following * bills, reported them severally with an amendment
.i submitted reports thereon:
\ bill (S. 1746) granting a pension to Elmer Honnyman;
A bill (S. 1634) granting an increase of pension to Caroline
^ b i M S ^ l T S T ) granting an increase of pension to Jane C.
StH e1a b » from the same committee, to whom were refered the
following ’bills, reported them severally with amendments and

Mr. OWEN, I present a copy of the constitution of the Stated
T b f l l l s . S ) S i n g an increase of pension to Elizabeth
of Oklahoma. I move that it be printed as a document.
---------------The motion was agreed to.
>
bill (S. 1403) granting an increase of pension to Martha
REPORTS OF COMMITTEES.
Mr. W ARREN , from the Committee on Military Affairs, to
whom was referred the joint resolution (S. R. 27) to restore
a e
0 o m Pany A New Jersey Militia, who served from
-»
ApTii l<a to July 16, 1861, asked to be discharged from its fur­




Stewart; and
.
.
A bill (S. 1423) granting an increase of pension to Aancy
Motes.
„
A
. ____,nP-vr- o ir n a T fmm tha rvwnmittpp on Pensions, to whom vset*

1908.

CONGRESSIONAL RECORD— SENATE.

post bill,” which w as referred to the Committee on Post-Offices
and Post-Roads.
H e also presented a petition o f the Board o f Trade o f W ash ­
ington, D. C., and a petition of the Chamber o f Commerce of
Washington, D. C., praying for the enactment o f legislation
placing the Census Bureau under the rules and regulations of
the civil-service law, which were referred to the Committee on
the Census.
H e also presented a petition o f the Commercial Club o f Topeka., Kans., and a petition o f the Mason Fruit Jar Company,
or Coffeyville, Kans., praying that a hearing before the Inter­
state Commerce Commission be given to interested parties
before any increase in interstate freight rates is made by the
railroad companies, which were referred to the Committee on
Interstate Commerce.
li e also presented petitions o f the State Grain Dealers’ Asso­
ciation and the Board o f Trade o f Kansas City, and o f J. E.
Howard, o f Wichita, Kans., praying for the enactment o f legis­
lation providing for a uniform inspection of grain under Fed­
eral control, which were referred to the Committee on Agricul­
ture and Forestry.
H e also presented a paper to accompany the bill (S . 2941) to
provide for the purchase o f a site and erection of a public build­
ing thereon in the city of Concordia, K ans., which w as referred
to the Committee on Public Buildings and Grounds.
H e also presented a paper to accompany the bill (S . 4217) to
provide for the purchase o f a site and erection o f a public build­
ing thereon in the city o f Abilene, Ivans., which w as referred to
the Committee on Public Buildings and Grounds.
l i e also presented petitions of sundry volunteer officers o f the
civil war of Salina, Toronto, Atchison, W ichita, Hollenberg,
H iaw atha, all in the State o f Kansas, praying for the enact­
ment o f legislation to create a volunteer retired list in the W a r
and Navy Departments for the surviving officers o f the civil
war, Which were referred to the Committee on M ilitary Affairs.
Mr. B U L K E L E Y presented a petition o f Local Union No. 47,
International Typographical Union, o f New Haven, Conn., pray­
ing for the repeal o f the duty on white paper, wood pulp, and
materials used in the manufacture thereof, which w as referred
to the Committee on Finance.
H e also presented petitions of Ensign Napoleon Boughton, of
East Haven, Conn.; Lieut. A . Avery Bevin, o f E ast Hampton
Conn.; Surg. James A . Bigelow, o f Elkhart, In d .; Lieut. A r­
thur Boardman, of Cromwell, C on n .; MaJ. Albert F. Burkes of
Farmington, Conn.; Capt. W illiam M. Beeman, o f H artford
Conn.; Lieut. W illiam II. Bevin, of E ast Hampton, Conn.* Capt’
Thomas Boudren, o f Bridgeport, Conn.; Lieut. Augustus L. Bodme, o f Bridgeport, Conn.; Chaplain James H . Bradford o f
Washington, D. C .; Lieut. Byron Bradford, o f W est Woodstock
Conn.; P. M. H enry B. Brown, o f East Hampton, Conn? Capt’
Ebenezer H . Foote, o f South Vineland, N. J . ; Lieut. Thomas B
Fowler, o f Colorado, T e x .; Capt. Theodore Gray, o f Newark,
N. J . ; M a j. H iram L. Grant, of Raleigh, N . C . ; Lieut. James IL
Kane, o f Manchester, N. H . ; Lieut. Austin P. Kirkham , o f Ansonia, C on n .; Lieut. John S. Lester, of Noroton Heights, C on n .;
Lieut. Danfortli O. Lombard, of Guilford, C on n .; Capt. Henry G.
Marshall, o f Hampton, C on n .; Lieut. Daniel E. Marsh] of
Bridgeport, Conn.; Q. M. Sergt. George W . Mason, o f Litchfield,
Conn.; Capt. W illiam IL May, of Bridgeport, C onn.; Lieut.
W . IL M arshall, of Bridgeport, Conn.; Surg. W illiam 0 .
McDonald, o f Brooklyn, N. Y . ; Ensign Charles E . P. Noyes, of
Stonington, C on n .; Capt. Cyrus E. Prindle, o f Roxbury, C on n .;
Lieut. John M. Paine, o f Putnam, Conn.; Lieut. W illiam E.
Phillips, o f Springfield, M a ss.; Gen. Henry C. Dwight, o f H art­
ford, Conn.; Capt. George Dimock, o f W illim antic, Conn.; Lieut.
H obart W . Doming, of H artford, C on n .; Lieut. Azro Deown, of
East Fladdam, C onn.; Capt. Charles Fenton, o f W illim antic,
Conn.; Capt. James E. Fuller, of Norwich, C onn.; Capt. Thomas
Francis, of Middletown, C onn.; Lieut. Frederick Gallup, of
Groton, Conn.; Lieut. Levi C. Gilbert, o f New Haven, C onn.;
Lieut. Augustine Gray, o f Torrington, Conn.; L ie u t Augustus
P. Day, of Brooklyn, N. Y . ; Lieut. Aaron S. Dutton, o f Durant,
Io w a ; Lieut. Augustus H . Conklin, o f E ast Hampton, C on n .;
Lieut. Ansil II. Couch, o f Bridgeport, C on n .; Capt. H iram F.
Chappell, o f New London, Conn.; Lieut. Thomas P. Cave, of
Darien, Conn.; Lieut. Martin L. Church, o f New Haven,
Conn.; Lieut. Andrew C ook; Lieut. John S. Cannon, of
New Haven, C on n .; Lieut. Samuel Horey, o f New Haven,
C on n .; Lieut. W illiam S. Cooper, o f Seymour, C onn.; Col. Allen
F. Cameron, of New Haven, C on n .; Capt. James B . Clinton, of
Passaic, N . J . ; Lieut. A . W . Converse, o f W indsor Locks, C on n .;
Lieut. John C. Curtis, o f Bridgeport, C onn.; L ie u t James E.
Comstock, o f New London, Conn.; Capt. George R. Case, of
H artford, C on n .; Lieut. A m zi P. Clark, of Terryville, C on n .;
C a p t Gustavus D. Bates, o f Putnam, Conn.; L ie u t W illiam




1101

Bishop, o f New York C ity ; Lieut. Charles Bailey, o f Bethel,
C on n .; Lieut. Smith S. Gilbert, of Millerton, N. Y . ; Capt. E lls­
worth D. S. Goodyear, o f North Haven, C on n .; Capt. Charles
Griswold, o f Guilford, C onn.; Lieut. Henry Gibbons, o f Noroton,
C on n .; Col. A lex. W arner, o f Ridgefield, C on n .; Ensign Thomas H .
Wheeler, of Bridgeport, C onn.; Col. Charles W arren, o f Stafford
Springs; Charles H . W hite, o f Danbury, Conn.; Capt. W illiam
E. W illiam s, of Rocky H ill, Conn.; Lieut. Edward G. Woodhouse, o f Wethersfield, Conn.; Capt. John D. Wheeler, o f New
Haven, C on n .; Lieut. Leonard W illey, o f East Hampton, C on n .;
Capt. Edward M . Jones, o f Douns, K a n s .; Lieut. Andrew Jackson,
of Douns, K a n s.; Surg. Levi Jewett, o f Chatham, Conn.; Lieut.
W alter H . Hutchinson, o f Bristol, C onn.; Lieut. Henry R . H oyt,
of Poughkeepsie, N . Y . ; Capt. Leroy D . House, of Oxford, O h io ;
Lieut. Frederic J. H art, o f St. Louis, M o .; Lieut. Sidney S.
Hicks, o f Oak Bluffs, M a ss.; Capt. Charles W . H arris, of M id­
dletown, C on n .; Lieut. Oscar H . Hibbard, o f Bethel, C on n .;
Surg. Charles R. H art, o f Bethel, C onn.; Lieut. Theodore H a w ­
ley, o f Noroton Heights, Conn.; Capt. Philip W . Hudson, o f
Houston, T e x .; Lieut. W illiam C. Harris, of Old Mystic, C on n .;
Capt. Daniel R. Hubbard, o f Middletown, Cofin.; Lieut. W illiam
W . H arral, o f Bridgeport, Conn.; Lieut. Stacy W . H all, o f
Bridgeport, C onn.; Lieut. Frederick B. H aw ley, o f Bridgeport,
C on n .; Capt. Horace P. Gates, o f New York C ity ; Col. Edwin
S. Greeley, o f New Haven, Conn.; Capt. Thomas Boudren, o f
Bridgeport, C on n .; Capt. B . S. Lewis, of New Haven, C on n .;
Lieut. A . A . Bevin, o f E ast Hampton, C on n .; Lieut. Arthur
Boardman, o f Cromwell, Conn.; Lieut. D . M . Skilton, o f New
Haven, C on n .; Lieut. W illiam H . Bevin, o f East Hampton,
C on n .; Lieut. A . S. Bodine, o f Bridgeport, C on n .; Lieut. Andrew
Cook, of New Haven, C onn.; Lieut. Henry Gibbons, of New
Haven, Conn.; Ensign Charles E. P. Noyes, o f Stonington
Conn.; Lieut. Charles Bailey, of Bethel, Conn.; Byron B rad­
ford, of W e st Woodstock, Conn.; Lieut. Thom as P. Cave o f
Darien, Conn.; Capt. George M . Stelle, o f Naugatuck, Conn.;
Capt. James Stewart, jr., o f Yonkers, N. Y . ; Col. Hom er B.
Sprague, o f Los Angeles, C a l.; Capt. Frank S. Sloat, of W a sh ­
ington, D . C .; Lieut. D eW . C. Sprague, o f W ashington, D. C .;
Capt. John H . Austin, of Hampton, V a .; Capt. W illard Austin,
o f Belleville, N . J . ; Lieut. W . E. Anderton, o f Baltimore, M d .;
Lieut. Charles T . Andrews, o f North Pownal, V t . ; Lieut. W il­
liam R. Andrews, o f Tacoma, W a s h .; M aj. Jerome Tourtellotte,
of Putnam, C on n .; Lieut. George W . Tucker, o f New Boston,
M a ss.; Capt. J. D . Thompson, o f Noroton Heights, C on n .; Lieut.
Henry Tuttle, o f New Haven, C on n .; Lieut. W illiam B. Tooker,
of Uncasville, C on n .; Lieut. Thomas F . Underwood, o f New Lon­
don, Conn.; Lieut. John H . Varian, o f Noroton Heights, Conn.;
Gen. E. W . W hitaker, o f Washington, D . C . ; Lieut. W illiam E.
Phillips, o f Springfield, M a ss.; Capt. John N. Partridge, o f
W estport, C onn.; Lieut. W arren W . Porter, o f Bridgeport,
C on n .; Lieut. Norman Provost, o f Stamford, C on n .; Capt. Julian
Pomeroy, o f Springfield, M a s s .; Lieut. John W . Phelps, o f Sim s­
bury, Conn.; Capt. John S. Parker, o f W allingford, Conn • Capt
Timothy R. Pardee, o f Brooklyn, N. Y . ; Capt. Albert w ’ Peck*
of Newtown, Conn.; Surg. O. W . Peck, o f Oneonta, N. y ’ * M a i’
Edward V. Preston, o f H artford, Conn.; Capt. H arlan P Rugg’
o f Bridgeport, C on n .; Capt. Charles M. Robins, o f Rocky Ford]
C o lo .; Lieut. Gardner Reynolds, o f Meriden, C on n .; Lieut. Philip
Rand, of Meriden, C on n .; Sergt. Charles Robinson, o f Colchester,
C on n .; Surg. M. W . Robinson, o f Noroton Heights, C on n .;
Capt. Alex. B. Shumway, o f Litchfield, C on n .; Capt. W ilbu r W .
Smith, o f Seymour, Conn.; Lieut. Arthur F. Slate, o f Orange,
M a ss.; Lieut. George W . Sherman, o f Lynbrook, N. Y . ; Lieut.
George E. Sellew, o f W aterbury, C onn.; Lieut. W illiam W .
Spencer, of New Haven, C on n .; Lieut. David E. Soule, o f New
Milford, Conn.; Capt. Francis Smith, o f New Haven, Conn.;
M aj. Albert F. Brooker, o f Torrington, C on n .; Capt. G. D. Bates,
o f Putnam, C on n .; Capt. H arlan P. Rugg, o f Bridgeport, C on n .;
Capt. W illiam M. Beeman, o f H artford, Conn., and o f John P.
Stud ley and 11 others o f New H a v en ; C. J. D anaher and 9
others o f M eriden; James H . Lee and 37 others o f New Haven •
S. F. Kirby and 18 others o f New H a v e n ; Tim othy D w ight and
14 others o f E ast Haven and New H a v e n ; J. P. Cushing and 10
others o f New H a v e n ; Isaac W o lf and 33 others o f N ew°Haven •
Edward L. Fox and 34 others of New H av en ; Edward N Clark
and 16 others o f New H a v e n ; Frank T iem an and 16 others o f
New H a v e n ; Rollin S. W oodruff and 10 others o f New Haven*
W . F. Moran and 38 others o f New H a v e n ; Lester D Phelps and
18 others o f Rockville and W illim a n tic; Robbin O. Griswold and
51 others o f H artford, Rocky H ill, and M iddletow n; C W W il
cox and 43 others o f H artford, New Haven, M iddletow n' East
Berlin, Westbrook, and Chester; W illiam F. Hennev and 13
others o f H a rtfo rd ; P. Corbin and 84 others o f New Rritalu
and B e r lin ; Lieut. H . North and 3 others o f Bridgeport • Cant
S. E. Chaffee and 5 others o f D erby ; Capt. L. O’B rien ’ and 7

1102

CONGRESSIONAL RECORD— SENATE.

others of New H aven; Capt. H . S. McKinney and 1 other of
H artford; Lieut. J. I. Hutchinson and 4 others of E sse x ; Capt.
Ezra Sprague and 8 others of New B ritain; Capt. L. N. Middlebrook and 20 others of Bridgeport; M aj. Frank M. Mix, of
Stamford; Maj. Jerome Tourtellotte, of Putnam; Lieut. Andrew
Loomis and 7 others of Willim antic; Capt. Edward C. Bowers,
of Bridgeport; Lieut. Theron Upson, of Shelton; Maj. David H.
Miller and 3 others of Georgetown; Capt. D. G. Francis, of
West H artford; Maj. Theodore Byxbee, o f Meriden; Lieut.
M. L. Pelham and 1 other of East N orw alk; Lieut. H. B. Smith,
o f New London; Lieut. Col. S. A. Moore and 4 others of New
B ritain ; Capt. Joseph Miller and 1 other of New H aven ; Lieut.
J. N. Lyman and 2 others of W in sted; M aj. Theodore Miller and
3 others of Stamford; Lieut. E. M. Lees and 3 others of Westport ; Col. I. W . Pettibone, of W inchester; Lieut. W illiam Mait­
land and 5 others of Middletown; Capt. George R. Bill and 1
other of Middletown; Maj. A. Warner and 1 other of Ridgefield;
Lieut. N. B. Smith, of New London; Lieut. L. M. Pelham, of
East N orw alk; Capt. E. C. Dow and 10 others of New H aven ;
Lieut. John I. Hutchinson and 5 others of E ssex ; Capt. Henry
S.- McKinney, of H artford; Capt. Lawrence O’Brien and 7 others
of New H aven ; Capt. S. A . Shaffee and 5 others of D erby; Lieut.
Henry North and 3 others of Bridgeport; Maj. Theodore Byxbee
and 2 others of Meriden; Daniel G. Francis, o f W est H artford;
Maj. David H . Miller and 3 other officers of Georgetown; Maj.
Alex. Warner and 2 others of Ridgefield; Capt. George R. Bid
and 1 other of New H aven; Lieut. William Maitland and 5
others of Middletown; Capt. A . B. Beers and 2 others of Bridge­
port; Capt. Thomas Boudren and 1 other of Bridgeport; Maj.
Theodore Miller and 3 others of Stam ford; Lieut. John N.
Lyman and 2 others of W insted; Capt. Joseph Miller and 1
other of New H av en ; Col. S. A. Moore and 4 others of New
Britain; Lieut. S. C. Dickinson and 20 others of Stamford and
Bridgeport; Daniel P. Bradley, jr., and 11 others of W estport;
Eugene A. Wheelock and 21 others of Putnam ; F. L. Smith and
14 others of Bridgeport; Stephen Walkley and 12 others of
Southington, Plantsville, and M illdale; C. Stowe H all and 9
others of W allingford; Norman Provost and 3 others of Stam­
ford ; A . Chamberlain and 31 others of Meriden; A. E. Goddard
and 44 others of Essex, and 16 citizens of Derby, Ansonia, and
Shelton, in the State of Connecticut, and of Col. Ira W . Petti­
bone, o f Chicago, 111., praying for the enactment of legislation
to create a volunteer retired list in the W ar and Navy Depart­
ments for the surviving officers of the civil war, which were re­
ferred to the Committee on Military Affairs.
CREEK INDIAN CLAIMS.

Mr. O W EN . I present a paper relative to the claims of the
Creek Nation of Indians. I move that it be printed as a doc­
ument and referred to the Committee on Indian Affairs.
V
The motion was agreed to.
REPORTS OF COMMITTEES.

Mr. TALIAFERRO , from the Committee on Pensions, to whom
was referred the bill (S. 1407) to extend the provisions of the
existing bounty land laws to the officers and enlisted men, and
the officers and men of the boat companies, of the Florida Sem­
inole Indian war, reported it without amendment, and sub­
mitted a report thereon.
He also, from the same committee, to whom was referred the
bill (S. 1404) granting an increase of pension to John Lourcey,
reported it with an amendment and submitted a report thereon.
He also, from the same committee, to whom were referred the
following bills, reported them severally with amendments and
submitted reports thereon:
A bill (S. 1405) granting an increase of pension to W . C.
O’Neal; and
A bill (S. 1406) granting an increase of pension to Hester
Kite.
Mr. PROCTOR. I am directed by the Committee on Agri­
culture and Forestry, to whom was referred the bill (S. 3583)
for the establishment of a national park and forest reserve in
the Appalachian Mountains, and to provide for the conservation
of the water that flows down the Potomac watershed, and to
provide laws for its sanitary policing, and so forth; to include
all parts of the States of W est Virginia, Pennsylvania, Mary­
land, \ irginia, and the District of Columbia that contribute to
form the complete watershed of the Potomac River from its
head to and including the District of Columbia; and for the
primary purposes of providing a sufficient and pure water sup­
ply for the District of Columbia; also to embrace the western
slope of the Appalachian Mountains to the Ohio River included
of, W est VirSinia> Pennsylvania, and Kentucky,
C 1 t h e watersheds of the Monongahela, Big Kana­
wha, Little Kanawha, and Big Sandy rivers and their tribu­
taries, and to prevent overflows and denudation of soil; for




J anuary 27,

the establishment of reservoirs, canals, lakes, ponds, and ditches,
and for all other useful purposes to which water can be put
when supplied in abundance, to ask to be discharged from its
further consideration, and that it be referred to the Committee
on Forest Reservations and the Protection of Game. There
being a committee on the special subject, that seemed to be a
more fitting reference.
The report was agreed to.
Mr. SMOOT, from the Committee on Claims, to whom were
referred the following bills, reported them severally without
amendment and submitted reports thereon:
A bill (S. 604) to reimburse Ulysses G. W in n .fo r money
erroneously paid into the Treasury of the United States;
A bill (S. 533) for the relief of A. A. Noon; and
A bill (S. 534) to reimburse George W . Young, postmaster at
Wanship, Utah, for loss of postage stamps.
Mr. B U L K E L E Y , from the Committee on Military Affairs, to
whom was referred the amendment submitted by himself on
the 14th instant, intended to be proposed to the bill (S. 1424)
to increase the efficiency of the Medical Department of the
United States Army, submitted a report, accompanied by a bill
(S. 4432) to reorganize the corps of dental surgeons attached
to the Medical Department of the Army, which was read twice
by its title.
He also, from the same committee, to whom was referred the
bill (S. 629) to grant medals to survivors and heirs of volun­
teers of the Port Hudson forlorn-hope storming party, reported
it without amendment and submitted a report thereon.
Mr. W A R N E R , from the Select Committee on Industrial Ex­
positions, to whom was referred the bill (S. 627) to encourage
the holding of an Alaska-Yukon-Pacific Exposition at the city
of Seattle, State of Washington, in the year 1909, reported it
with amendments and submitted a report thereon.
Mr. SU TH ER LA N D , from the Committee on Mines and
Mining, to whom was referred the bill (S. 642) to establish an
assay office at Salt Lake City, State of Utah, reported it without
amendment and submitted a report thereon.
Mr. G ALLINGER, from the Committee on the District of
Columbia, to whom was referred the bill (S. 3416) to amend an
act entitled “ An act authorizing the extension of Meridian
place N W .,” approved January 9, 1907, reported it without
amendment and submitted a report thereon.
Mr. D ICK, from the Committee on Mines and Mining, to
whom was referred the joint resolution (S. R. 35) to provide
for a mining technology branch in the Geological Survey, re­
ported it with amendments.
Mr. H E YB U R N , from the Committee on Mines and Mining,
to whom was referred the bill (S. 129) to validate the location
o f mineral claims heretofore made by United States deputy
mineral surveyors during their incumbency in office, reported
it with an amendment and submitted a report thereon.
Mr. LODGE, from the Committee on Military Affairs, to
whom was referred the bill (S. 1740) granting an honorable
discharge to Benjamin F. Helmick, submitted an adverse report
thereon, which was agreed to, and the bill was postponed
indefinitely.
BILLS INTRODUCED.

Mr. CULLOM introduced a bill (S. 4433) to authorize the
Secretary of the Treasury to adjust the accounts o f the Chi­
cago, Milwaukee and S t Paul Railway Company for trans­
porting the United States mail, which was read twice by its
title and referred to the Committee on Post-Offices and PostItoads.
He also introduced a bill (S. 4434) to amend an act entitled
“An act to authorize the Secretary of the Navy to loan naval
equipment to certain military schools,” approved March 3,
1901, which was read twice by its title and referred to the
Committee on Naval Affairs.
He also introduced a bill (S. 4435) for the relief o f George
Q Allen which was read twice by its title and, with the ac­
companying papers, referred to the Committee on Claims.
He also introduced a bill (S . 4436) authorizing appointment
of Hugh T Reed upon the retired list of the Army with rank
of captain with twenty years’ service, which was read twice
by its title and, with the accompanying paper, referred to the
Committee on Military Affairs.
.
He also introduced a bill (S. 4437) granting an Increase of
pension to Philadelphia A. Rock, which was read twice by its
title and referred to the Committee on Pensions.
Mr. F R YE introduced the following bills, which were sev­
erally read twice by their titles, and, with the accompanying
papers, referred to the Committee on Pensions:
A bill (S . 4438) granting a pension to George W . Kemp, and
A bill (S. 4439) granting an increase of pension to H a r r ie t
A. Mains.

1908.

CONGRESSIONAL RECORD— SENATE.

Mr. W A R R E N introduced a bill (S. 4440) to amend an act
entitled “An act to provide for the adjudication and payment
of claims arising from Indian depredations,” approved March
o, 1891, which was read twice by its title and referred to the
Committee on Indian Affairs.
Mr. G A L L IN G E R introduced a bill (S . 4441) to acquire cer­
tain ]an(i in the District of Columbia as an addition to Rock
Creek Park, which was read twice by its title and referred
to the Committee on Public Buildings and Grounds.
H e also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
the District o f C olum bia:
A bill (S. 4442) authorizing the extension o f Rock Creek
drive in the District o f C olum bia;
A bill (S . 4443) to extend Ontario place N W .. and for other
purposes;
A bill (S . 4444) to amend an act approved February 28, 1901
entitled “ An act relating to the Metropolitan police o f the
District of Columbia ” (w ith the accompanying papers) ; and
A bill (S . 4445) to amend the license law approved July 1,
3902, with respect to licenses of drivers of passenger vehicles
for hire (w ith the accompanying papers).
Mr. D IX O N introduced a bill (S . 4440) to remove the charge
o f desertion standing against the m ilitary record o f Minor
Berry, which was read twice by its title and referred to the
Committee on M ilitary Affairs.
li e also introduced a bill (S . 4447) granting an increase of
pension to W illiam Kelly, which was read twice by its title
and, with the accompanying papers, referred to the Committee
on Pensions.
Mr. B R O W N introduced a bill (S . 4448) creating an addi­
tional division o f the railway mail service with headquarters
at Omaha, Nebr., and providing the necessary officials therefor,
which was read twice by its title and referred to the Com­
mittee on Post-Offices and Post-Roads.
Mr. K E A N introduced a bill (S. 4449) for the relief o f the
China and Japan Trading Company (L im ited ), of New YorkCity, which was read twice by its title.
Mr. K E A N . I move that the bill and a memorial which I
present in connection with it be printed together as a document
and that they be referred to the Committee on Foreign Rela­
tions.
The motion was agreed to.
Mr. K E A N introduced a bill (S . 4450) granting a pension to
Laura \\. Russell, which was read twice by its title and re­
ferred to the Committee on Pensions.
H e also introduced a bill (S. 4451) to amend record and
grant honorable discharge to Joseph S. Oakley, which was read
twice by Its title and, with the accompanying papers referred
to the Committee on M ilitary Affairs.
H e also introduced a b i ll'( S . 4452) to aid in the erection of
a memorial monument to Pocahontas, at Jamestown, Va., which
was read twice by its title and referred to the Committee on
the Library.
He also introduced a bill (S . 4453) providing for a memo­
rial commemorating the preservation of the first permanent
settlement of the English-speaking people on the Western H em ­
isphere, which was read twice by its title and referred to the
Committee on the Library.
Mr. F R A Z IE R introduced a bill (S . 4454) authorizing the
Secretary of W a r to accept for the Government the Gallatin
turnpike, from the city of Nashville to the national cemetery,
in the county of Davidson, State of Tennessee, which was read
twice by its title and referred to the Committee on Military
Affairs.
J
l i e also introduced a bill (S . 4455) to establish a fish­
hatching and fish-culture station in the State o f Tennessee,
which was read twice by its title and, with the accompanying
paper, referred to the Committee on Fisheries.
lie also introduced the following bills, which were severally
read twice by their titles and, with the accompanying papers,
referred to the Committee on Pensions:
A bill (S . 4450) granting an increase o f pension to Absalom P.
Thom pson;
A bill (S . 4457) granting an increase o f pension to John M.
H a rris; and
A bill (S . 4458) granting an increase o f pension to W . F.
Fowler.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
C la im s:
A bill (S . 4459) for the relief of the estate o f Robert Lankford, deceased;
A bill (S . 4460) for the relief of the deacons of the Mission­
ary Baptist Church, at Franklin, Tenu.;




1103

A bill (S . 4461) to carry into effect the findings o f the Court
o f Claims in the matter of the claim o f Patrick G. Meath (w ith
an accompanying paper) ;
A bill (S. 4462) for the relief o f J. S. Brown (w ith accom­
panying papers) ;
A bill (S . 4463) to carry into effect the findings o f the Court
o f Claims in the matter o f the claim o f M. T. Sw iek;
A bill (S . 4464) to carry into effect the findings of the Court
of Claims in the matter o f the claim of the First Christian
Church o f Atlanta, G a .;
A bill (S. 4465) for the relief of Payne, James & C o .;
A bill (S. 4466) for the relief of the estate of Aaron Mur­
dock, deceased (w ith accompanying papers) ;
A bill (S . 4467) for the relief o f the legal representatives of
Sarah Henson (with an accompanying paper) ; and
A bill (S . 4468) for the relief of the estate o f W illiam H,
Fuqua.
Mr. T E L L E R introduced a bill (S . 4469) for the erection of
a memorial to John W esley Powell, which was read twice by its
title and referred to the Committee on the Library.
Mr. SM OOT introduced a bill (S . 4470) granting an increase
o f pension to Lydia Dean, which was read twice by its title and,
with the accompanying papers, referred to the Committee on
Pensions.
He also introduced a bill (S . 4471) granting an increase of
pension to Josephine Clare, which was read twice by its title
and, with the accompanying papers, referred to the Committee
on Pensions.
Mr. W A R N E R (by request) introduced a bill (S . 4472) mak­
ing an appropriation for the purpose o f paying certain warrants
issued by the Chickasaw Nation, and for other purposes, which
w as read twice by its title and referred to the Committee on
Indian Affairs.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
C la im s:
A bill (S . 4473) for the relief of John P. Bell, treasurer of
State Hospital No. 1, of Fulton, M o .; and
A bill (S . 4474) for the relief o f the trustees of the Christian
Church o f W arsaw , Mo.
H e also introduced the following bills, which were severally
read twice by their titles and referred to the Committee oil
Pensions:
t A bill (S . 4475) granting an increase o f pension to John
Noble (w ith accompanying papers) ;
A bill (S . 4476) granting an increase o f pension to John
Coats (w ith accompanying p a p e rs); and
A bill (S. 4477) granting a pension to Clara Jane Sitten.
Mr. O V E R M A N introduced the following bills, which were
severally read twice by their titles and, with the accompany­
ing papers, referred to the Committee on Pensions:
A bill (S . 4478) granting an increase o f pension to W illiam
M. Gentry; and
A bill (S . 4479) granting an increase o f pension to Nathaniel
Davis.
He also introduced a bill (S . 4480) for the relief o f Hiram
R. Berrier, which was read twice by its title and, with the
accompanying papers, referred to the Committee on Claims.
Mr. B AC O N introduced a bill (S . 4481) granting an increase
of pension to Elizabeth E. Wood, which was read twice by its
title and referred to the Committee on Pensions.
Mr. G ORE introduced a bill (S . 4482) to amend section 18
o f an act approved April 26, 1906, entitled “A n act to provide
for the final disposition of the affairs of the Five Civilized
Tribes in the Indian Territory, and for other purposes,” which
was read twice by its title and referred to the Committee on
Indian Affairs.
H e also introduced a bill (S . 4483) to correct the military
record o f Terrel Parks, deceased, which was read twice by its
title and referred to the Committee on Military Affairs.
He also introduced a bill (S . 4484) granting an increase o f
pension to W illiam I. Dossett, which was read twice by its title
and referred to the Committee on Pensions.
He also introduced a bill (S . 4485) for the relief o f W illiam
II. Wilson, which was read twice by its title and referred to the
Committee on Claims.
H e also introduced a bill (S . 4486) to secure depositors in
national banks against loss, etc., which was read twice by its
title and referred to the Committee on Finance.
Mr. B R Y A N introduced the following bills, which were sev­
erally read twice by their titles, and referred to the Committee
on the Judiciary:
A bill (S. 4487) to define the jurisdiction of United States
circuit and district courts over matters involving constitutional
questions; and

1104

CONGRESSIONAL IlECORD— SENATE.
RECORD—

A bill (S. 4488) to limit the authority of circuit and district
courts and circuit and district judges in granting injunctions
and restraining orders.
He also introduced a bill (S. 4489) to provide for the publi­
cation of an Official Journal, which was read twice by its title
and referred to the Committee on Printing.
Mr. PULTON introduced a bill (S. 4490) to correct the mili­
tary record of David R. B. Winniford, which was read twice by
its title and referred to the Committee on Military Affairs.
Mr. LA FO LLETTE introduced a bill (S. 4491) to amend an
act entitled “An act making appropriations for the service of
the Post-Office Department for the fiscal year ending June 30,
3908, and for other purposes,” approved March 2, 1907, which
was read twice by its title and referred to the Committee on
Post-Offices and Post-Roads.
Mr M A R TIN introduced a bill (S. 4492) for the relief of
William F. McKimmy, administrator of John McKimmy, de­
ceased, which was read twice by its title and referred to the
Committee on Claims.
He also introduced a bill (S. 4493) for the relief of Lieut.
Commander Kenneth McAlpine, which was read ti\ ice by its
title and, with the accompanying papers, referred to the Com­
mittee on Naval Affairs.
_
.. . .
Mr. MCCREARY introduced a bill (S. 4494) for the relief of
George M. Hendren, which was read twice by its title and, with
the accompanying papers, referred to the Committee on Claims.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on Pen­
sions:
A bill (S . 4495) granting an increase of pension to Alice J.
Hackney;
A bill (S. 4496) granting a pension to Angelline W ilkerson;
and
„
,
x
.
A bill (S. 4497) granting an increase of pension to Reuben
Hurley (with accompanying papers).
Mr D A N IE L introduced a bill (S. 4498) for the relief of the
trustees of Roper Church, of New Kent County, Va., which was
read twice by its title and, with the accompanying paper, re­
ferred to the Committee on Claims.
Mr. O W E N introduced a bill (S. 4499) providing for the erec­
tion of a public building at Muskogee, Okla., which \ as read
v
twice by its title and referred to the Committee on Public Build­
in g s and Grounds.
___
He also introduced the following bills, which were seA trail j
read twice by their titles and referred to the Committee on

j

Claims *
a bill (S. 4500) for the relief of the estate of Robert II.

Love, deceased; and
,
A
T
m
A bill (S. 4501) for the relief of the estate of James
- Caines deceased
Mr. C ARTER introduced a bill (S. 4502) to regulate the con­
struction and operation of elevators in the District of Colum­
bia, and for other purposes, which was read twice by its title
and referred to the Committee on the District of Columbia.
He also (by request) introduced a bill (S. 4503) to provide
for the extension of Kenyon street from Fourteenth street to
School street, in the District of Columbia, and for other pur­
poses, which was read twice by its title and referred to the
Committee on the District of Columbia.
Mr. SM ITH introduced a bill (S. 4504) to provide for the
erection of a public building at Agricultural College, Mich.,
and the establishment of a Weather Bureau station therein,
which was read twice by its title and referred to the Committee
on Agriculture and Forestry.
Mr. CLAPP introduced a bill (S. 4505) for the relief of
Calvin O. Tyler, which was read twice by its title and, with the
accompanying paper, referred to the Committee on Military
Affairs.
He also introduced a bill (S. 4506) for the relief of the heirs
of Eldred Nunnally, deceased, which was read twice by its title
and, with the accompanying paper, referred to the Committee
on Claims.
Mr. LONG introduced a bill (S. 4507) for the relief of
Daniel M. Frost, which was read twice by its title and referred
to the Committee on Public Lands.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on Pen­
sions :
A bill (S. 4508) granting a pension to Selden S. Hall (with
accompanying papers); and
A bill (S. 4509) granting a pension to Edwin B. Rail.
Mr. PROCTOR introduced a bill (S. 4510) granting an in­
crease of pension to Hannibal H. Whitney, which was read
twice by its title and, with the accompanying papers, referred
to the Committee on Pensions.




Jan

u ary

27,

Mr. H OP K IN S (by request) introduced a bill (S. 4511) to
amend the national banking laws, which was read twice by its
title and referred to the Committee on Finance.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
Pensions:
„
, _
, T
tr
A bill (S. 4512) granting an increase of pension to Joseph W .
Buckner;
.
, „
A bill (S. 4513) granting an increase of pension to George
Eastman *
A bill (S. 4514) granting an increase of pension to Charles
Hearing • and
A bill ’ (S. 4515) granting an increase of pension to James

"

„
1L
H.
F.

Trob ridge.
He also introduced a bill (S. 4516) to pay William Lewto
Levaw $252.67, which was read twice by its title and. with the
accompanying paper, referred to the Committee on Claims.
Mr. H A L E introduced a bill (S. 4517) granting a pension to
Milford W . Oxley, which was read twice by its title and referred
to the Committee on Pensions.
Mr L A FO LLETTE introduced the following bills, which
were severally read twice by their titles and referred to the
Committee on Military A ffairs:
,
A bill (S. 4518) to correct the military record o f Alexander
W I ipoIgt *
A bill’ (S. 4519)

to correct the military record of Joseph

A^bil’l (S. 4520) to correct the military record o f Mannes
A bill (S. 4521) to correct the military record of Frederick E.

B7 S

(snd4522) to correct the military record of Harry
Sharff alias Herman Shofreusky, alias Herman Schofrensky.
Mr SCOTT introduced a bill (S. 4523) granting a pension
to Mary M. Ball, which was read twice by its title and referred
to the Committee on Pensions.
Mr. B U R K E T T introduced the following bills, which were
severally read twice by their titles and referred to the Com­
mittee on Pensions:
A bill (S. 4524) granting an increase of pension to M lllard W.
Wilkinson;
.
A bill (S. 4525) granting an increase of pension to John F.
Ktl i*lv *
A bill (S. 4526) granting an increase of pension to Eliza A.
n lorrill; and
A bill (S. 4527) granting a pension to Arthur L. Brown,
j Mr. TA LIAFER R O introduced a bill (S. 4528) for the relief
the heirs of Fernando J. Moreno, deceased, which was read
twice by its title and, with the accompanying paper, referred to
the Committee on Claims.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
Pensions.
.
,
.
T
T
A bill (S . 4529) granting an increase of pension to M illiam H.
McCormick; ami
_
_
A bill (S. 4530) granting a pension to Renvey L. Dees.
Mr. F L IN T introduced the following bills, which were sevorallV read twice by their titles and referred to the Committee on

J

Jt
o

'

Pensions *
A bill (S. 4531) granting an increase o f pension to Charles
M uller; and
.
,
.
,
A bill (S. 4532) granting an increase of pension to Harvey J.
C ou lters.
’ Mr B EV E R ID G E introduced a bill (S . 4533) concerning in­
junctions in labor disputes, which was read twice by its title
and referred to the Committee on the Judiciary.
Mr McCUMBER introduced a bill (S. 4534) to establish an
agricultural experiment station at or near the city of Williston,
Id the State o f North Dakota, which was read twice by Its title
and referred to the Committee on Agriculture and lorostvj.
Mr. K N O X introduced a bill (S .45 35) to amend section *14 of
the Revised Statutes of the United States relating to the resigna­
tion of judges of the courts of the United States, which was read
twice by its title and referred to the Committee on the Judiciary.
lie also introduced a hill (S. 4536) to amend section <3 or
“An act to provide ft government for the Territory of Haw ft*,
approved April 30, 1900, which was read twice by its title ana
referred to the Committee on Pacific Islands and Porto Ri-’o.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
Pensions:
v
A bill (S. 4537) granting an increase of pension to Jason
Carey:
__
A bill (S. 4538) granting an Increase o f pension to Sarah
K in g; and

!•

1908

CONGRESSIONAL RECORD— SENATE.

o f State Universities, o f W ashington, D . C.f praying for the es­
tablishment o f a national forest reserve in the southern Appa­
lachian and W h ite mountains, which were referred to the Com ­
mittee on Forest Reservations and the Protection o f Game.
Mr. C U R T IS presented a petition o f the Commercial Club o f
Topeka, Kans., praying that interested parties be granted a
hearing before the Interstate Commerce Commission before
an increase in rates can be put into effect and higher charges
collected, which w as referred to the Committee on Interstate
Commerce.
H e also presented a petition o f sundry veterans o f Chautau­
qua County, Kans., praying that increased pension be granted
them on account o f age, which w as referred to the Committee
on Pensions.
H e also presented a memorial o f the Fort Scott Council, No.
66, United Commercial Travelers, o f Fort Scott, K ans., remon­
strating against the passage o f the so-called “ parcels-post
bill,” which was referred to the Committee on Post-Offices and
Post-Roads.
H e also presented a petition o f the Board o f Trade o f K ansas
City, Kans., praying for the enactment o f legislation providing
for the Federal inspection o f grain, which w as referred to the
Committee on Agriculture and Forestry.
Mr. B R O W N presented a petition o f sundry third-class post­
m asters o f the F irst Congressional district o f Nebraska, praying
for the enactment o f legislation placing third-class postmasters
on the same basis as second-class postmasters as to allowances
for clerk hire and equipment for post-offices, which w as referred
to the Committee on Post-Offices and Post-Roads.
H e also presented sundry papers to accompany the bill (S .
3189) granting an increase o f pension to John G. Snook, which
were referred to the Committee on Pensions.
M r. H A L E presented a petition o f the Board o f Trade o f
Portland, Me., praying for the passage of the so-called “ ship
subsidy bill,” which w as referred to the Committee on Com ­
merce.
H e also presented petitions o f sundry volunteer officers o f the
civil war, o f Portland, Lubec, Houlton, Bridgton, and Pittsfield,
all in the State o f Maine, praying for the enactment o f legis­
lation to create a volunteer retired list in the W a r and N avy
Departm ents for the surviving officers o f the civil war, which
were referred to the Committee on M ilitary Affairs.
M r. S T E P H E N S O N presented the memorial o f M. J. Hansen
and 14 other citizens o f F all River, W is., remonstrating against
the passage o f the so-called “ parcels-post bill,” which w as re­
ferred to the Committee on Post-Offices and Post-Roads.
H e also presented a petition o f Local Union No. 93, American
Federation of Musicians, o f Superior, W is., praying for the en­
actm ent o f legislation to prohibit A rm y and N avy musicians
from competing with civilian musicians, which w as referred to
the Committee on M ilitary Affairs.
H e also presented a petition o f W . S. Rosecrans Post, No. 49,
Departm ent o f W isconsin, Grand Arm y o f the Republic, o f
Grantsburg, W is., praying for the enactment o f legislation m ak­
ing $20 per month the m aximum pension at the age o f 65 years,
which was referred to the Committee on Pensions.
H e also presented a petition o f the Petworth, Brightwood
Park, Brightwood and Takom a Park Citizens’ associations of
the D istrict o f Columbia, praying for the enactment o f legisla­
tion authorizing the Commissioners o f the D istrict o f Columbia
to regulate and control the management o f street railw ay com ­
panies in the D istrict o f Columbia with respect to schedules,
cleanliness, etc., of all passenger cars, which w as referred to
the Committee on the D istrict o f Columbia.
lie also presented a petition o f the W om an ’s Christian Tem ­
perance Union o f Portage, W is., praying for the adoption o f an
amendment to the Constitution to prohibit the disfranchise­
ment o f citizens o f the United States on account o f sex, which
w as referred to the Select Committee on W'oman Suffrage.
H e also presented a memorial o f the Business Men’ s Associa­
tion o f Stevens Point, W is., remonstrating against the passage
o f the so-called “ parcels-post hill,” which was referred to the
Committee on Post-Offices and Post-Roads.
H e also presented a petition o f the General Assem bly o f the
Commercial Telegraphers’ Union o f Am erica, o f Milwaukee,
W is ., praying that an investigation be made into the existing
conditions of the telegraph companies in the United States,
which w as referred to the Committee on Education and Labor.
H e also presented petitions o f the M ilitary Order o f the Loyal
Legion o f the United States. Commandery o f W isco n sin ; o f
§ II siger post, No. 207, Grand Arm y o f the Republic, D epart­
ment of''W isconsin, and o f sundry volunteer officers o f the civil
war. all in the State o f W isconsin, praying for the enactment
o f legislation to create a volunteer retired list in the W a r and




1173

N avy Departm ents for surviving officers o f the civil war, which
were referred to the Committee on M ilitary A ffairs.
H e also presented a petition o f the W isconsin Pea Packers’
Association, praying for the enactment o f legislation to relieve
the present financial situation, which was referred to the Com­
mittee on Finance.
H e also presented a petition o f the N ational Institute o f A rts
and Letters, praying for the repeal o f the duty on works o f A rt,
which w as referred to the Committee on Finance.
H e also presented a memorial o f the Chamber o f Commerce
o f Milwaukee, W is., rem onstrating against the enactment of
legislation to prohibit interference with commerce among the
States and Territories and with foreign nations and to remove
obstructions thereto, which w as referred to the Committee on
Interstate Commerce.
_
,
,
H e also presented a petition of the W isconsin Conference of
the M ethodist Episcopal Church, praying for the adoption of
an amendment to the Constitution to prohibit polygamy, which
w as referred to the Committee on the Judiciary.
H e also presented a memorial o f the Board o f Trade o f Chi­
cago, 111., and a memorial o f the Produce Exchange o f New
York City, N . Y ., rem onstrating against the enactment o f legis­
lation providing for a uniform inspection o f grain under F ed­
eral control, which were referred to the Committee on A g ricu l­
ture and Forestry.
H e also presented petitions o f Local Union No. 545 o f W a u ­
kesha, o f Local Union N o. 163 o f Superior, and o f Local Union
No. 324 o f Racine, a ll o f the International Typographical Union,
in the State o f W isconsin, praying for the repeal o f the duty
on white paper, wood pulp, and the m aterials used in the m anu­
facture thereof, which were referred to the Com m ittee ou
Finance.
H e also presented a petition o f the Am erican Institute of
Electrical Engineers, o f Boston, M ass., and a petition o f the
N ational Association o f State Universities, o f W ashington,
D . C., praying for the enactment o f legislation to establish
national forest reserves in the southern Appalachian and W h ite
mountains, which were referred to the Committee on Forest
Reservations and the Protection o f Game.
H e also presented a petition o f the Chamber o f Commerce o f
New York, praying fo r the passage o f the so-called “ ship sub­
sidy bill,” which w as referred to the Committee on Commerce.
H e also presented a petition o f the Chamber o f Commerce o f
New York, praying that an appropriation be m ade for the im ­
provement o f Pearl H arbor, in the H aw aiian Islands, which was
referred to the Com m ittee on Commerce.
H e also presented a petition o f the N ational Association of
Audubon Societies fo r the Protection o f W ild Birds and Anim als,
o f New York City, N . Y ., praying for the enactment o f legisla­
tion for the protection o f wild birds and gam e in the United
States, which w as referred to the Committee on Forest R eserva­
tions and the Protection o f Game.
H e also presented a petition o f the Fruit Growers’ Association
o f the State o f California, praying for the enactment o f legisla­
tion providing for a modification o f the present Chinese-exclusion law, which w as referred to the Committee on Im m igration.
TO N K AW A INDIANS OF OKLAHOMA.

M r. O W E N . I present a memorial o f the Tonkaw a tribe o f '
Indians, o f Oklahoma, relative to their claim against the United
States, arising out o f a pretended agreement between them and
the United States, dated October 21, 1891. I move that it be
printed as a document and referred to the Com m ittee on Indian
‘A ffa irs.
J
The motion w as agreed to.
COMMAND OF HOSPITAL SHIPS.

Mr. G A L L IN G E R . I present a memorandum relating to the
command o f hospital ships in the United States A rm y and
Navy. I move that it be printed as a document and referred
to the Committee on N aval A ffairs.
The motion w as agreed to.
EMPLOYEES’ LIABILITY BILL.

Mr. B U R K E T T . I present a compilation o f the law s o f the
States, the Territories, and the United States regulating the lia­
bility o f employers for injuries to employees, prepared by the
Bureau o f Labor. I move that it be printed as a document.
The motion w as agreed to.
REPORTS OF COMMITTEES.

Mr. P L A T T , from the Committee on N av al A ffairs, to whom
were referred the following bills, reported them severally w ith­
out amendment and submitted reports thereon:
A bill (S . 1162) to correct the naval record o f A lfred B u r­
g ess; and

1174

CONGRESSIONAL RECORD— SENATE.

A bill (S. 1163) to correct the naval record of Peter H.
Brodie, alias Patrick Torbett,
Mr. CURTIS, from the Committee on Indian Depredations,
to whom was referred the bill (S. 216) to provide for the pay­
ment of the volunteers who rendered service to the Territory of
Oregon in the Cayuse Indian war of 1847 and 1848, asked to be
discharged from its further consideration and that it be referred
to the Committee on Claims, which was agreed to.
Mr. D AVIS, from the Committee on Claims, to whom was re­
ferred the bill (S. 4024) for the relief of John H. Hamiter, re­
ported it without amendment.
Mr. BORAH, from the Committee on Claims, to whom was
referred the bill (S. 2285) for the relief of Louisa G. Smithson,
administratrix of the estate of Villo R. Smithson, deceased, re­
ported adversely thereon, and the bill was postponed indefi­
nitely.
Mr. OVERM AN, from the Committee on Military Affairs, to
whom were referred the following bills, reported them severally
without amendment and submitted reports thereon :
A bill (S. 1931) to grant certain land, part of the Fort Nio­
brara Military Reservation, Nebr., to the Village of Valen­
tine for a site for a reservoir or tank to hold water to supply
the public of said village; and
A bill (S. 2876) to correct the military record of Talton T.
Davis.
Mr. SMOOT,.from the Committee on Pensions, to whom was re­
erred the bill (S. 522) to extend the provisions of the act of June
27, 1902, entitled “An act to extend the provisions, limitations,
and benefits of an act entitled ‘An act granting pensions to the
survivors of the Indian wars of 1832 to 1842, inclusive, known
as the Black Hawk war, Cherokee disturbances, and the Semi­
nole war,’ approved July 27, 1892,” reported it without amend­
ment and submitted a report thereon.
COURTS IN FLORIDA.

Mr. CULBERSON. I am directed by the Committee on the
Judiciary, to whom was referred the bill (H . R. 14779) to trans­
fer for the county of Alachua, in the State of Florida, from the
southern to the northern judicial district of that State, and to
provide for sittings of the United States circuit and district
courts for the northern district of Florida at the city of Gaines­
ville, in said disrict, to report it favorably without amendment.
Mr. TA LIAFER R O . I ask unanimous consent for the pres­
ent consideration of the bill just reported.
The VIC E-PR E SID EN T. The bill will be read for the in­
formation of the Senate.
The Secretary read the bill, and, there being no objection, the
Senate, as in Committee of the Whole, proceeded to its con­
sideration.
The bill was reported to the Senate without amendment, or­
dered to a third reading, read the third time, and passed.
BILLS INTRODUCED.

Mr. G ALLINGER introduced a bill (S. 4550) granting a pen­
sion to J. Nelson Neill, which was read twice by its title and
referred to the Committee on Pensions.
Mr. SCOTT introduced the following bills, which were sev­
erally read twice by their titles and referred to the Committee
on Pensions:
A bill (S. 4551) granting an increase of pension to Peter J.
Coughlin; and
A bill (S. 4552) granting an increase of pension to Robert
W . Jones.
Mr. TALIAFERRO introduced a bill (S. 4553) to provide for
the erection of a public building for the use of the United States
court, custom-house, and post-office in the city of Key West,
Fla., which w as read twice by its title and referred to tiie Com­
r
mittee on Public Buildings and Grounds.
He also introduced a bill (S. 4554) to carry into effect the
findings of the Court of Claims in the case of St. John’s Church,
of Jacksonville, Fla., wffiich was read twice by its title and re­
ferred to the Committee on Claims.
He also introduced a bill (S. 4555) for the relief of the es­
tate of F. C. Blaekmer, deceased, which was read twice by its
title, and, with the accompanying papers, referred to the Com­
mittee on Claims.
Mr. M cLA U E lN introduced a bill (S , 4556) for issuance of
land patent to W . B. Allen, which was read twice by its title
andL v[i,t.h the accomPanying paper, referred to the Committee
on Public Lands.
He also introduced the following bills, which were severally
C la k n s ^ 6 bj their tUleS and referred t0 the Committee on
deceased -(




4557) f° r the relief ° £ the estate of Jobu Li«ton,

J anuaky 28,

A bill (S. 4558) for the relief of the heirs of Harriet F. and
Hobcrt McPctcrs *
A bill (S. 4559)’ for the relief of heirs of Sylvia Cannon;
A bill (S. 4560) for the relief of Methodist Episcopal Church
of Corinth, M iss.;
A bill (S. 4561) for the relief of the trustees of Cumberland
Presbyterian Church, of Corinth, M iss.;
A bill (S. 4562) for the relief of the trustees of the Baptist
Church of Corinth, M iss.;
A bill (S. 4563) for the relief of the heirs of George W .
Gardner, deceased; and
A bill (S. 4564) for the relief of Don Manuel Pardo, of Nueva
Caceres P I
Mr. TELLER introduced a bill (S . 4565) granting to the
State of Colorado for the Colorado State University certain
lands in lieu of lands inclosed in forest reservations, which w-as
read twice by its title and referred to the Committee on Public
Lands.
Mr. W ETM O RE introduced the following bills, which were
severally read twice by their titles and referred to the Commit­
tee on Commerce:
A bill (S. 4566) to construct and place a light-ship off Point
Judith, Rhode Island; and
A bill (S. 4567) to provide for the construction and equip­
ment of a revenue cutter for service in Narragansett Bay and
adjacent waters.
He also introduced a bill (S. 4568) to establish a fish-cultural
station in the State of Rhode Island, which was read twice by
its title and referred to the Committee on Fisheries.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
Claim s:
A bill (S. 4569) for the relief of George R. Frye; and
A bill (S. 4570) for the relief of Patrick J. Sullivan, Jere­
miah McCarthy, and Bartholomew Shea, and for the relief of
the heirs and legal representatives of John B. Dillon.
He also introduced a bill (S. 4571) to remove the charge of
desertion from the naval record of John McLaughlin, which
was read twice by its title and referred to the Committee on
Naval Affairs.
He also introduced a bill (S. 4572) to grant an honorable
discharge to Nathan P. Randall, which w-as read twice by its
title and referred to the Committee on Military Affairs.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
Pensions:
-I
A bill (S . 4573) granting a pension to Almie C. Smith:
A bill (S. 4574) granting an increase of pension to William
Henry Dean;
A bill (S. 4575) granting an increase o f pension to James F.
McKenna;
A bill (S . 4576) granting a pension to Henry W . W hitem an;
A bill (S. 4577) granting an increase of pension to Rosanna
ST b u f ( S . 4578) granting a pension to Louisa Thompson;
A bill (S. 4579) granting an increase of pension to William
Leonard;
.
.
,
„ „
A bill (S. 4580) granting an increase o f pension to Fannie
A. Moore;
A bill (S . 4581) granting a pension to Penelope T. Cummings;
A bill (S. 4582) granting an increase of pension to John
H olt;
„
,
t
„
A bill (S. 4583) granting an increase of pension to Annie C.
A n th o n y ;

.

„

.

A

.

A bill (S. 4584) granting an increase o f pension to Caroline
M. Packard;
.
.
. „
tT
A bill (S . 4585) granting an increase of pension to George II.
Paddock;
A bill (S . 45S6) granting an increase of pension to John U
Nason;
A bill (S. 4587) granting an increase o f pension to Ephranfl
Thurber;
A bill (S . 4588) granting an increase of pension to Adelia A.
Gardner; and
—
A bill (S . 4589) granting an increase of pension to Henry L*
Wells.
Mr. CLAY introduced the following bills, which were
erally read twice by their titles and referred to the Committee
on Claim s:
A bill (S. 4590) for the relief of the trustees of Asbnry
School, of Clayton County, G a .;
^
A bill (S. 4591) for the relief of the estate of Samuel E
*.
Bratton, deceased;
/

sev­

1908.

CONGRESSIONAL RECORD— SENATE

A bill (S . 4592) for the relief o f the heirs o f Lucy T . Phipps,
deceased (w ith accompanying papers) ; and
. A bill (S . 4593) for the relief o f the trustees o f Asbury
Methodist Church South, o f Clayton County, Ga.
Mr. O V E R M A N introduced a bill (S . 4594) authorizing a pub­
lic building at Lexington, N. C., which w as read twice by its
title and referred to the Committee on Public Buildings and
Grounds.
Mr. P E R K IN S Introduced a bill (S . 4595) to provide for the
temporary warranting and for the retirement o f pay clerks in
the N avy, which was read twice by its title aud referred to the
Committee on N aval Affairs.
H e also introduced a bill (S . 4596) granting an increase of
pension to Charles E. Pendleton, which was read twice by its
title and referred to the Committee on Pensions.
Mr. B U R R O W S introduced a bill (S . 4597) granting an in­
crease o f pension to Jacob M ays, which was read twice by its
title and, with accompanying papers, referred to the Committee
on Pensions.
Mr. H E M E N W A Y introduced a bill (S . 459S) for the relief of
Isaac d’Isay, which w as read twice by its title and referred to
the Committee on M ilitary Affairs.
H e also introduced the follow ing bills, which were severally
read twice by their titles and referred to the Committee on Pen­
sions :
A bill (3 . 4599) granting a pension to Alsey E. P o tts;
A bill (S . 4600) granting an increase o f pension to Jacob
W r ig h t;
A bill (S . 4001) granting an increase o f pension to Harrison
P. H u n t; and
A bill (S . 4602) granting an increase o f pension to John C.
W oody.
Mr. M cC U M B E R introduced the follow ing bills, which were
severally read twice by their titles and, with the accompanying
papers, referred to the Committee on Pensions:
A bill (S . 4603) granting an increase o f pension to Charles H .
P a lm er;
A bill (S . 4604) granting an increase o f pension to Stephen
D . T a b er;
A bill (S . 4605) granting an increase o f pension to John L.
S m ith ;
A bill (S . 4006) granting an increase o f pension to George T.
M ille r ;
k*11 (S . 4607)' granting an increase o f pension to M ary J.

V^OllOtt |

1175

erally read twice by their titles and referred to the Committee
on Pensions:
A bill (S . 4624) granting an increase o f pension to Joseph
H anna;
A bill (S . 4625) granting a pension to M ary A W a m p le r;
A bill (S . 4626) granting an increase o f pension to W illiam
S m ith ;
A bill (S . 4627) granting an increase o f pension to Arm stead
F letch er; and
A bill (S . 4628) granting an increase o f pension to Richard
H . Bartlett.
M r. R A Y N E R introduced a bill (S . 4629) granting a pen­
sion to W illiam Bieber, which was read twice by its title and
referred to the Committee on Pensions.
H e also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
C la im s; '
A bill (S . 4630) for the relief o f Richard T . Gott, adm inis­
trator o f Thom as N. Gott, deceased;
A bill (S . 4631) for the relief of the rector, wardens, and
vestry, St. P au l’s Protestant Episcopal Church, SharpsburgAntietam parish, W ashington County, Md. (w ith an accom­
panying p a p e r ); and
A bill (S . 4632) for the relief o f the Davison Chemical Com­
pany, o f Baltim ore, Md.
M r. H E M E N W A Y introduced a joint resolution (S . R. 43)
directing the printing o f 50,000 copies o f Bulletin No. 333, issued
by the United States Geological Survey, which w as read twice
by its title and referred to the Committee on Printing.
H e also introduced a join t resolution (S . R. 4 4 ) construing
the act approved June 27, 1890, entitled “ A n act granting pen­
sions to soldiers and sailors who are incapacitated for perform ­
ance of m anual labor, and providing for pensions to widow s and
minor children and dependent parents, and for other purposes,”
which w as read twice by its title and referred to the Committee
on Pensions.
AMENDMENTS TO APPROPRIATION BILLS.

Mr. G A L L IN G E R submitted an amendment proposing to ap­
propriate $2,475.80 to reimburse Columbia H ospital for W om en
and Lying-in A sylu m for expenditures fo r indigent patients sent
to the hospital by the Board o f Charities, etc., intended to be
proposed by him to the urgent deficiency appropriation bill,
which w as referred to the Committee on the D istrict o f Colum ­
bia and ordered to be printed.
M r. T A L IA F E R R O submitted an amendment providing for
the placing o f lights on the Hillsboro, H a lifa x , and M atanzas
rivers, in Florida, their entrances or inlets, tributaries, and
connecting canals, intended to be proposed by him to the
sundry civil appropriation bill, which w as referred to the Com­
mittee on Appropriations and ordered to be printed.
M r. L O D G E submitted an amendment proposing to appro­
priate $1,600,000 for the purchase o f two steamships for the
use o f the Isthm ian Canal Commission, to be employed in the
transportation o f supplies, etc., intended to be proposed by
him to the urgent deficiency appropriation bill, which was
referred to the Committee on Appropriations and ordered to be
printed.

A bill (g . 460S) granting an increase o f pension to Charles F.
S t i ll;
A bill (S . 4609) granting an increase o f pension to Shadraeh
M . Cordon;
A bill (S . 4610) granting an increase o f pension to Bradford
H . H a l l ; and
A bill (by request) (S . 4611) granting an increase o f pension
to Calvin T . Blessing.
Mr. C U L B E R S O N (by request) introduced the follow ing bills,
which were severally read twice by their titles and referred to
the Committee on C la im s:
A bill (S . 4612) for the relief o f the heirs and estate o f A .
Underwood, deceased;
AMENDMENT OF NATIONAL BAN KIN G L A W .
A bill (S . 4613) for the relief o f John P. A n derson ; and
Mr. O W E N submitted an amendment intended to be proposed
A bill (S . 4614) for the relief o f Tennessee J. Spiller.
by him to the bill (S . 3023) to amend the national banking law,
Mr. J O H N S T O N introduced a bill (S . 4G15) to donate certain which w as referred to the Committee on Finance and ordered
lands in B aldw in County, A la., for educational purposes, which ; to be printed.
was read twice by its title and referred to the Com m ittee on
SURVEY OF HACKENSACK RIVER, NEW JERSEY.
Public Lands.
Mr. K E A N submitted the follow ing concurrent resolution,
Mr. B U R N H A M introduced the follow ing bills, which were |
severally read twice by their titles and referred to the Com- I which w as referred to the Committee on Com m erce:
m ittee on Pensions:
Resolved hy the Senate ( the House of Representatives concurring),
A bill (S . 4616) granting a pension to M ariette Roach (w ith T h at the Secretary o f W a r be, and he is hereby, authorized and directed
to cause a survey and exam ination to be made of the Hackensack
accompanying papers) ;
R iver, New Jersey, w ith a view to im proving the navigability thereof,
A bill (S . 4617) granting an increase o f pension to George and providing a channel o f 1 6-fo ot depth from Newark Bay to L ittle
F erry, and o f 12 -fo ot depth from L ittle F erry to the Anderson Street
Britton (w ith accompanying papers) ;
Bridge in the tow n o f Hackensack.
A bill (S . 461S) granting an increase o f pension to Philester
PENSIONS FOR MEMBERS OF LIFE-SAVING SERVICE.
S. E llio tt;
A bill (S . 4619) granting an increase o f pension to W illiam
Th e V IC E -P R E S ID E N T laid before the Senate the follow ing
H . E lliott (w ith accompanying p a p e r s );
message from the President o f the United States, which was
A bill (S . 4620) granting an increase o f pension to Herm an read and, on motion o f M r. F r y e , referred to the Committee on
Greager (w ith accompanying papers) ;
Commerce and ordered to be p rin te d :
A bill (S . 4621) granting an Increase o f pension to Charles ■ v ute oGHuu? una iiouisv O f Itepresenicitives *
l
C. Jones (w ith accompanying papers) ;
In m y first annual message to the F ifty-n in th Congress I called attention to the desirability of legislation providing pensions for m em ber,
A bill (S . 4622) granting an increase o f pension to Sidney F.
o f the L ife-S avin g Service when they become incapacitated for duty m
Sanborn (w ith accompanying papers) ; and
reason of disability incurred in service. 1 said :
y
A bill (S . 4623) granting an increase o f pension to John H .
“ I call your especial attention to the desirability of g iv in s to th*

Stew ard.
M r. C U R T IS introduced the follow ing bills, which were sev-




members of the L ife-S avin g Service pensions such as are given to
men and policemen in all our great cities. T he men in the L ife-Savin^
Service continually and in the m ost m atter-of-fact w ay do deeds 3

\

I

1176

a s make Am ericans proud o f their -country.
T h ey have no political
influence; and they live in such rem ote places th a t the really heroic
services they con tin ually render receive the scan tiest recognition from
the public. I t is u n ju st for a great n ation like this to perm it these men
to become to ta lly disabled or to m eet death in the perform ance o f their
hazardous duty and yet to give them no sort o f reward.
I f one of
them serves th irty years o f his life in such a position he surely should
be entitled to retire on h a lf pay, as a fireman or policem an does, and
if he becomes totally incapacitated through accident or sickness or
loses his health in the discharge o f his duty he or his fa m ily should
receive a pension ju s t as any soldier should.
I call your attention
w ith especial earnestness to this m atter, because it appeals not only
to our judgm ent but to our sym pathy, fo r the people on whose beh alf
I ask it are com paratively few in num ber, render incalculable service
o f a p articu larly dangerous kind, and have no one to speak for them .”
The need for some appropriate legislation for the relief o f this body o f
men has not become l e s s ; it has, on the con trary, increased and w ill stead­
ily continue to grow un til relief is granted. T h e determ ination o f w hat
course w ill best secure the desired end involves tw o im portan t consid­
erations.
One has to do w ith the efficiency o f the Service itself, and
the other— w hich I think should appeal to the C ongress w ith equal
force— directly concerns the w elfare o f the members o f the life-saving
crews when disab ility incurred in the line o f duty has im paired their
usefulness.
The exigencies o f the L ife-S a v in g Service require the em ploym ent of
the hardiest men it is possible to en list in the station crew s and at
the sam e tim e forbid th a t considerations o f h u m anity should influence
their retention in the ranks w hen their bodily vigor has become im ­
paired, however ill fitted they m ay be to secure a livelihood for them ­
selves and their fam ilies.
D uring the la s t several years the members o f the station crews have
given up their places in large num bers to seek em ploym ent where the
work is less exacting and hazardous, the com pensation larger, and the
prospect for the fu tu re brighter.
The exodus o f these men, in m any
instances after long service, has em barrassed the work o f the life ­
saving establishm en t to a m arked degree.
A few years ago, when the demand for labor w as less than a t present, the Service had the pick o f the coast fishermen, a class w ho were
especially expert in surfm an ship.
A s the station crew s have been de­
pleted it has become necessary, under the changed indu strial condi­
tions, to take on men o f less experience in the h a ndling o f boats and
unused to the concerted action o f the fishing gangs from w hich their
predecessors were largely recruited.
T h e once excellent team w ork of
the life savers— so im portan t where com bined physical effort is re­
quired— has consequently deteriorated and the form er standard can
not be regained in the present circum stances.
O f late it has been
found p ra ctically im possible to secure m aterial o f any kind for re­
cru itin g the crew s a t m any o f the station s.
F or instance, the records
show th a t at one station there is but a single regularly enlisted m an,
and a t several but tw o.
In one d istrict only two out of eleven stations
have fu ll crew s o f r e g u la r s ; in another but tw o out of seventeen, and
in still another only six out o f fourteen. In fa c t, n early a ll the th ir­
teen districts o f the Service are seriou sly crippled in this respect, and
the eligible lists from w hich the crews m ust be selected are w holly
insufficient to fill the vacancies occurring. A list recently furnished by
the Civil Service C om m ission show s fo r one district but six eligibles,
and for another nine, in w hich there are, respectively, tw enty-three and
th T ? e
h a , been able to do in this situ ation is
to pick up at random for tem porary service men who are unemployed
a t a season o f unprecedented demand for labor.
T h e very fa ct th at
these men can be obtained by such inducem ents as the Service is at
present able to hold out is sufficient proof o f their u n su itability for a
vocation requiring exceptional energy and courage.
. ...
T h at the Service has not yet been chargeable w ith serious loss o f life
in consequence o f th is sta te o f aifairs is due to fortu n ate chance, and
also to the fa ct th a t the introduction o f recent great im provem ents in
life-saving appliances has afforded the m eans to accom plish rescues
w hich form erly would have been im possible.
B u t the indefinite con­
tinuance o f good fortun e can not he hoped for, and occasions m ay be
expected to arise when even improved appliances w ill not redeem the
deficiencies o f the men w ho are charged w ith their operation.
No one w ill deny th a t the conditions set forth call loudly fo r correc­
tion. The rem edy should be to establish such conditions as w ill a ttra ct
and retain men o f the highest qualifications and character, an d also
safeguard the future w elfare o f the veteran surfm en w ho have been and
are still the bulw ark o f the Service.
The pay o f a surfm an (th e technical designation applied to the rank
and file) is now $65 a month w hile actu ally em ployed.
T h e longest
period o f em ployment, except at a few stations on the Pacific coast, is
ten m onths in the year and the shortest live m onths.
On the G reat
Lakes they serve from the opening to the close o f navigation— approxi­
m ately eight months.
The average am ount paid is, therefore, som e­
where near $ 6 0 0 a year, or $ 5 0 a m onth.
T h e chance for a surfm an
to become a keeper or captain o f a station crew and receive $ 9 0 0 per
annum is about 1 in 7, and o f being made a superintendent o f a life ­
saving district about 1 in 1 6 2 . Th eir pay is the on ly rem uneration
they receive.
They have to find their rations, supply their un iform s,
and even furnish the heavy oilskins which they are obliged to wear on
patrol and at wrecks.
M oreover, they are required to reside con stantly
at the stations during the period o f the active season.
T h is require­
ment, w hile necessary to the efficient conduct o f life-saving operations,
nevertheless works great hardship upon such o f the men as have fa m ­
ilies. as they are in th a t case required to contribute to the support of
two housekeeping establishm ents, nam ely, the station m ess and that in
tneir own homes, which latter they visit only at irregular and uncer­
tain intervals.
Recently the Secretary o f the Treasury took occasion to inquire into
tfie circumstances o f a number o f individuals w ho w ith in the last five
years became separated from the Service on account o f disability in­
curred in the line o f duty.
Inform ation w as secured in forty-one cases,
th e re are ox record numerous sim ilar cases concerning which no data
o f the character set forth are a t hand, but those cited are representative
o f their class and w ill serve for Illustration.
! h, fort/ ’ one instances tw enty-six men were to ta l­
e
l y incapacitated for labor o f any kind, six could perform about one^ man s f ork’ „
an? nIn? about one-half.
Forty had dependent
iIvT num ^
)er ° f dependents ranging from one to eight per
> w ith an average of three or four.
T h e average am ount o f
m i K l / , l « n i l W a n leSS ,than $ 4 0 0 *or each m an.
Tw en ty-th ree were
value o f ^ ^ n o ' eA
° f the * umbcT owned property to the estim ated
t h e T a J hl cb w a? not acquired, however, in the Service.
If
ducted’
’ which represents an exceptional instance, be de­
ducted from the total value o f the property held by a ll, the average for




J anuaby 28,

CONGRESSIONAL RECORD— SENATE.

each o f the fo rty persons rem aining is a little less than $ 2 0 0 .
The
tw enty-three destitu te surfm en and their fam ilies are o f course objects
o f charity.
I t should be borne in m ind th a t the d a ta above given are incom plete
and confined to a period o f but five years, and th a t there are m any other
form er employees o f the Service still livin g w ho at the present tim e are
undoubtedly in absolute penury.
O ur treatm en t o f these men is gravely
discreditable to us as a nation.
The situ ation calls fo r im m ediate action, and I earn estly urge som e
adequate form o f relief fo r a body o f men who have saved thousands o f
lives, often under circum stances o f extrem e peril, and m illions o f dol­
la rs’ w orth o f property at a com paratively insignificant c o s t ; whose
valor has never been surpassed upon the field o f b a t t l e ; whose achieve­
m ents have w on w orld-w ide recognition, and w ho are deserving o f the
n a tion ’s gratitud e and protection.

Theodobe Roosevelt.

The W
hite House,

J a n u a r y t s , 1908.

H USE BILLS R F R E .
O
EE RD
The following bills were severally read twice by their titles
and referred to the Committee on Commerce:
H. Ii. 558. An act to extend to the port of Chattanooga, Tenn.,
the privileges of immediate transportation of dutiable mer­
chandise without appraisement; and
H. R. 14040. An act to authorize the county of Ashley, State
of Arkansas, to construct a bridge across Bayou Bartholomew
at a point above Morrell, in said county and State, the dividing
line between Drew and Ashley counties.
H. R. 14282. An act to authorize the appointment of a deputy
clerk at Big Stone Gap, Va., was read twice by its title and
referred to the Committee on the Judiciary.

M D A D R EN O THE A M .
E IC L EPA TM T F
R Y
The VICE-PRESID EN T. Morning business is closed, and the
Calendar, under Rule V III, is in order. The Secretary will
announce the first bill on the Calendar.
The bill (S. 1424) to increase the efficiency of the Medical
Department of the United States Army, was announced as first
in order, and the Secretary proceeded to read the bill.
Mr. BEVERIDG E. In view of the fact that the Senator
from Wyoming [Mr. W arren] is not here, I suggest that the bill
go oyer.
Mr. LODGE. I ask the Senator from Indiana if he himself
objects to the bill?
Mr. BEVERIDG E. I do not.
Mr. LODGE. The Senator from Wyoming, I know, is very
anxious to have the bill passed.
Mr. BEVERIDG E. I suppose, as a matter of course, as ho
is in "charge of the bill, that he will be present when it is con­
sidered.
^ ,
Mr. LODGE. He is in charge of the bill, but he told me that
if he was not here when it was reached he hoped the considera­
tion might go on.
Mr. BEVERIDG E. Very well, if there is some one here to
take charge of the bill. I did not see the Senator from Wyo­
ming present, and I did not see any use in taking the time of
the Senate if the Senator from Wyoming was not going to be
h e r e and the bill could not be considered; that is all.
The Secretary resumed and concluded the reading of the bill,
which was considered as in Committee of the Whole.
Mr. W A R R E N entered the Chamber.
The bill was reported to the Senate without amendment, or­
dered to be engrossed for a third reading, read the third time,
and passed.

TEA FO M
B EDICINAL PURPO
SES.

The bill (S 514) to amend an act entitled “An act to prevent
he importation of impure and unwholesome tea,” approved
Larch 9 1897, was read.
Mr LODGE
When this bill was up before I asked to have
t go*over in order that I might get information in regard to
I have communicated with the Department of Agriculture
nd asked for information in regard to the operation or the
mhahle operation of the bill. I have heard nothing as yet
rom the officers of the Department charged with the adminis*
r a tio n o f tte p u r e fo o d act, who promised to inform me in re■ard to it. I should he glad if the bill could go over until I
“ hove* no* o'bjrction* whatever ,o the b ... If It « ' be e n f o n £
tnd if it does not lead to the manufacture of deleterious sud
stances for medicine. It seems to me there would be k .
lifficulty in discovering where the tea siftings and
,
vouid go. I should be glad if the Senator from Missouri
vould let the bill go over until I can get the reply.
Mr. STONE. I ask the Senator from Massachusetts » u
v a fol-an
o
tn nmniino fhp ITIJlttPr I DlECCd ill tilC KB

ord on Wednesday last?
_ .
Mr. LODGE. Yes. The Senator was kind enough to seno
it to me and I examined it. It seems to make a very clear ca
in regard to the bill, but------. .
Mr, STONE. I know the Senator’s feelings in regard to tne

-

^ By Mr. S P E R R Y : Petition o f Company A , Second Infantry,
Connecticut National Guard, o f W aterbury, for tbe xnilitia
bill to the Committee on Militia.
Also, petition of Central Labor Union o f Bridgeport, Conn.,
for construction o f .w a r ships in Government navy-yards— to
the Committee on N aval Affairs.
B y Mr. S U L Z E R : Petition o f P. A . Provot, secretary o f
American Mining Congress, for a bureau of mines— to the
Committee on Mines and Mining.

SENATE.
T h u r s d a y , February 6, 1908.
Prayer by

1661

CONGRESSIONAL RECORD— SENATE.

1908.

the

Chaplain,

Rev. E dward E. H ale.

The Secretary proceeded to read the Journal of yesterday’s
proceedings, when, on request of Mr. Culberson, and by unani­
mous consent, the further reading was dispensed with.
The V IC E -P R E S ID E N T .

The Journal stands approved.

DECISIONS O INTERSTATE C M ER E COM ISSION.
F
O M C
M
The V IC E -P R E S ID E N T laid before the Senate a communica­
tion from the Interstate Commerce Commission, transmitting,
in response to a resolution o f the 21st ultimo, a list o f and
copies o f such decisions as it has made upon or growing out of
the construction o f paragraph 4 ,'section 1, o f an act entitled “ An
act to amend an act entitled ‘A n act to regulate commerce,’ ap­
proved February 4, 1S87,” etc., which, with the accompanying
papers, was referred to the Committee on Interstate Commerce
and ordered to be printed.

BALTIM RE AND W
O
ASHINGTON TRANSIT COM
PANY.
The V IC E -P R E S ID E N T laid before the Senate the annual
report o f the Baltim ore and W ashington Transit Company, of
Maryland, which was referred to the Committee on the District
o f Columbia and ordered to be printed.

CHESAPEAKE AND PO M C TELEPHONE COM
TO A
PANY.
The V IC E -P R E S ID E N T laid before the Senate the annual
report o f the Chesapeake and Potomac Telephone Company for
the fiscal year ended December 31, 1907, which w a s referred to
the Committee on the D istrict o f Columbia and ordered to be
printed.

FINDINGS O THE C U T O CLAIM
F
OR F
S.
The V IC E -P R E S ID E N T laid before the Senate communica­
tions from the assistant clerk o f the Court o f Claims, trans­
mitting certified copies o f the findings o f fact filed by the court
in the following ca u se s:
In the cause o f the St. Paul’ s Episcopal Church, o f Selma,
Ala., v. United S ta tes; and
In the cause o f the trustees o f the Methodist Episcopal
Church South, o f Powder Springs, Ga., v. United States.
The foregoing findings were, with the accompanying papers,
referred to the Committee on Claims and ordered to be printed.

M
ESSAGE FR M THE HOUSE.
O
A message from the H ouse o f Representatives, by Mr. W . J.
B rowning, its Chief Clerk, announced that the House had dis­
agreed to the amendments o f the Senate to the bill (H . R.
14766) making appropriations to supply urgent deficiencies in
the appropriations for the fiscal year ending June 30, 1908,
and for prior years, and for other purposes, asks a conference
with the Senate on the disagreeing votes o f the two Houses
thereon, and had appointed Mr. T awney, M r. Vreeland, and
Mr. Livingston managers at the conference on the part o f the
House.

PETITIONS AND M ORIALS.
EM
The V IC E -P R E S ID E N T presented memorials o f the Arion
Singing Society o f South N orw alk; Blucher Lodge, No. 28,
Sons o f Herm an, o f Colchester, and o f the Schiller Stamm
Turnverein, o f South Norwalk, all in the State o f Connecticut,
remonstrating against the enactment o f legislation to regulate
the interstate transportation o f intoxicating liquors, which
were referred to the Committee on the Judiciary.
Sir. G A L L IN G E R presented petitions o f the congregation of
the Calvary Methodist Episcopal Church o f Hinsdale, o f the
congregation o f the First Baptist Church o f Dover, in the State
o f New Hampshire, o f the W om an ’s Christian Temperance
Union o f Moorestown, N . J., and o f sundry citizens o f Tribune
County, Kans., praying for the enactment o f legislation to pro­
hibit the manufacture and sale o f intoxicating liquors in the
District o f Columbia, which were referred to the Committee on
the D istrict o f Columbia.
H e also presented a petition o f the New England D rug E x ­
change, o f Boston, Mass., praying for the adoption o f a certain
amendment to the so-called “ Sherman antitrust law ” relating




to trade agreements, which was referred to the Committee on
Interstate Commerce.
H e also presented a petition o f the North W ashington Citi­
zens’ Association, o f the D istrict o f Columbia, praying for the
adoption o f a certain amendment to the so-called “ Dolliver
bill ” providing for the direction and control o f public educa­
tion in the District o f Columbia, which w as referred to the
Committee on the D istrict o f Columbia.
Mr. C U LLO M presented a resolution of the legislature o f the
State o f Illinois, which was referred to the Committee on Pen­
sions, and ordered to be printed in the R ecord , as fo llo w s:
Forty-fifth assembly, house resolution 88, January, 1908.
Introduced by Hon. Johnson Lawrence.
W h e r e a s i t is a w e ll-k n o w n f a c t t h a t th e m en w h o serv e d in th e
U n io n A r m y d u rin g th e c iv il w a r an d w ere ca p tu re d by th e e n e m y
suffered u n to ld h a rd sh ip s an d p r iv a tio n s u n p a ra lle le d in th e a n n a ls o f
w a r w h ile confined in so u th e rn sto ck a d e s an d oth e r so -c a lle d m ilit a r y
p riso n s fo r m a n y lo n g an d w e a r y m o n t h s ; an d
W h e r e a s a m easu re k n ow n as th e H a m ilto n h ill w ill be in tro d u ced
in th e n e x t C o n g re s s w h ich p ro p oses to pen sion a ll s u r v iv o r s o f th ese
p riso n p en s a t th e th e r a te o f $ 5 0 per m o n th , b e lie v in g th e m ea su re
w o u ld do p a r tia l ju s t ic e to t h is cla s s o f ou r v o lu n te e rs : T h e r e fo r e
Resolved, T h a t w e, th e re p re s e n ta tiv e s o f the peop le o f th e S t a t e o f
I llin o is , h e a r t ily in d o rse the said H a m ilt o n b ill an d r e sp e c tfu lly req u est
C on gre ss to p a s s th e m e a s u r e ; be it
Further resolved, T h a t a cop y o f th ese re s o lu tio n s be se n t to ea c h
M em b er o f C o n g re ss fr o m I llin o is , th e S p eak er o f th e H o u se , an d a lso
to S e n a to rs S helby M . C cllom an d A . J. H o p k in s .
A d o p te d by th e H o u s e J a n u a r y 2 8 , 1 9 0 8 .

U n it e d St a t e s

of

A m e r ic a , State of Illinois, ss:
Of f ic e

of th e

Secretary

of

Sta te .

I , J a m e s A . R o se, s e c re ta ry o f s t a t e o f th e S t a t e o f I llin o is , do here­
b y c e r t ify t h a t th e fo r e g o in g r e s o lu tio n o f th e h ouse o f re p r e se n ta tiv e s
o f th e f o r t y -fift h g e n e ra l a s s e m b ly o f th e S t a t e o f I llin o is , p a ssed a n d
ad o p ted a t th e re g u la r s essio n th e r e o f, is a tr u e an d co rr e c t cop y o f th e
o rig in a l r e s o lu tio n n o w on file in th e office o f th e se c r e ta r y o f s t a t e .
I n w itn e s s w h e re o f, I h e re u n to set m y h a n d a n d affix th e g r e a t se a l o f
S ta te , a t th e c it y o f S p rin g field , t h is 3 1 s t d a y o f J a n u a r y , A. D . 1 9 0 8 .

[ seal.]

James A. Rose,

Secretary of State.
Mr. C U LLO M presented a petition of the Pastors’ Union of
Rockford, 111., praying for the enactment of legislation to regu­
late the interstate transportation o f intoxicating liquors, which
was referred to the Committee on the Judiciary.
Mr. F U L T O N presented a petition o f sundry citizens o f Kent,
Oreg., praying for the enactment o f legislation to regulate the
interstate transportation o f intoxicating liquors, which was re­
ferred to the Committee on the Judiciary.
H e also presented a petition o f the Chamber o f Commerce
o f Portland, Oreg., praying that an appropriation be made to
continue the improvement o f the defenses at the mouth o f the
Columbia River in that State, which was referred to the Com­
mittee on Coast Defenses.
Mr. H O P K IN S presented a petition o f the house o f repre­
sentatives o f the State of Illinois, praying for the enactment of
legislation granting a pension o f $50 per month to all surviving
prisoners o f the civil war, which was referred to the Committee
on Pensions.
H e also presented a petition o f Local Union No. 18 Inter­
national Typographical Union, of Belleville, 111., praying for
the repeal o f the duty on white paper, wood pulp, and the
materials used in the manufacture thereof, which was referred
to the Committee on Finance.
H e also presented a petition o f sundry officers, directors, and
trustees o f art museums iu the United States, praying for the
enactment o f legislation to repeal the duty on works o f art
which was referred to the Committee on Finance.
Mr. A N K E N Y presented a petition o f Local Union No. 142
International Typographical Union, o f Olympia, W ash., pray­
ing for the repeal o f the duty on white paper, wood pulp, and
the m aterials used in the m anufacture thereof, which w as re­
ferred to the Committee on Finance.
Air. u u jN ito S E presented a petition o f the Maritim e E x ­
change o f Philadelphia, Pa., praying for the enactment o f legis­
lation to create a retired list for the district superintendent!
keepers, and crews o f the Life-Saving Service, which w as re­
ferred to the Committee on Commerce.
H e also presented a petition o f the Board o f Trade o f Phila­
delphia, I a., praying that an appropriation be made for the
improvement o f the national harbor o f refuge at Point TmiH-h
Rhode Island, which was referred to the Committee on Com
merce.
H e also presented a memorial o f the Board o f Trade o f
Philadelphia, Pa., remonstrating against the enactment o f
legislation providing for the inspection of grain under Federal
control, which was referred to the Committee on Agriculture
and Forestry.
6
ulLUie
He also presented a paper to accompany the bill
for the relief o f the owners o f the steam ship
which was referred to the Committee on Claims.

aonQi

1662

CONGRESSIONAL RECORD— SENATE.

He also presented sundry affidavits to accompany the bill
(S. 3877) granting an increase of pension to Matthew C. Reed,
which were referred to the Committee on Pensions.
He also presented an affidavit to accompany the bill (S .31 32)
granting an increase of pension to George W . Kinsel, which was
referred to the Committee on Pensions.
Mr. BRAN DEGEE presented a petition of Typographical
Union No. 150, o f_New London, Conn., praying for the repeal
of the duty on white paper, wood pulp, and the materials used
in the manufacture thereof, which was referred to the Com­
mittee on Finance.
He also presented a petition of the Central Labor Union of
Bridgeport, Conn., praying for the enactment of legislation pro­
viding for the building of ships and war vessels at the navyyards of the country, which was referred to the Committee on
Naval Affairs.
He also presented a petition of the Business Men’s Associa­
tion of New London, Conn., praying for the enactment of legis­
lation to increase and equalize the pay of officers and enlisted
men of the Army, Navy, Marine Corps, and Revenue-Cutter
Service, which was referred to the Committee on Naval Affairs.
He also presented petitions of sundry citizens of Meriden,
Wallingford, New Haven, Waterbury, Torrington, South Man­
chester, and Hartford, all in the State of Connecticut, praying
for the enactment of legislation to promote the efficiency of
the militia, which were referred to the Committee on Military
Affairs.
He also presented a petition of Local Union No. 87, Musi­
cians’ Protective Union, of Danbury, Conn., and a petition of
Local Union No. 403, Musicians’ Protective Union, of W illimantic, Conn., praying for the enactment of legislation to
prohibit Army and Navy musicians from entering into competi­
tion with civilian musicians, which were referred to the Com­
mittee on Military Affairs.
He also presented a memorial of the Board of Trade of Willimantic, Conn., remonstrating against the passage of the socalled “ Crumpacker bill,” providing for the employment of ad­
ditional clerks for taking the Thirteenth Census, which was
referred to the Committee on the Census.
Mr. W A R R E N presented a memorial to the Wool Growers’
Association of Laramie, Wyo., remonstrating against the enact­
ment of legislation providing for the Federal leasing of public
lands, and also against the policy of the Government in its
management of the forest reserves, which was referred to the
Committee on Public Lands.
AMERICAN OCEAN MAIL SERVICE.

Mr. GALLINGER. I present a compilation of papers on the
development of the American ocean mail service and Ameri­
can commerce. I move that the paper be printed as a docu­
ment and that 1,000 additional copies be printed for the use of
the document room of the Senate.
The motion was agreed to.
REPORTS OF COMMITTEES.

Mr. GAMBLE, from the Committee on Indian Affairs, to
•Vf-nV vaS re^erred the bill (S, 4548) to provide for the sale
nnrnn er ° n allottGd aad unallotted Indian lands, and for other
thereonS' rG^or^ed R with an amendment and submitted a report
f1°Sm t h e ®
r
s
ame. committee, to whom was referred
nhiee nntha
aut^ r iz in g the Secretary of the Interior to
Brufe SIout
p o i s renm J l
thereon. P tM

°f +
t,he Treasury t0 tbe credit of the Lower
Bahe. SUm ° f $50’000’ aud for °ther P«r* wlthout amendment and submitted a report

Mr. W ARREN , from the Committee on Militarv Affairs to
m n v w ith on f«erreu thef l o w i n g bills, reported them m v £ U
?
ameni and submitted reports thereon:
pine Scouts;60"
4° Create tllG office of caPtai» to the Philip-

proved June 10, 1880, entitled “An act to amend the statutes in
relation to immediate transportation of dutiable goods, and for
other purposes,” reported it without amendment.
He also (for Mr. C r a n e ) , from the same committee, to whom
was referred the bill (II. R. 12420) to extend immediate-trans­
portation privileges to the subport of Alburg, in the customs
collection district of Vermont, reported it without amendment.
Mr. HOPKINS, from the Committee on Commerce, to whom
was referred the bill (S. 4066) authorizing the Secretary of
the Treasury to increase the compensation of inspectors of cus­
toms, reported it with an amendment and submitted a report
thereon.
Mr. PER KINS, from the Committee on Commerce, to whom
was referred the bill (S. 2483) to provide for the establishment
of a life-saving station at H alf Moon Bay, south of Point
Montara and near Montara Reef, California, reported it without
amendment and submitted a report thereon.
Mr. CLARK of Wyoming, from the Committee on Public
Lands, to whom was referred the bill (S. 4801) granting certain
lands in the Wind River Reservation, in Wyoming, to the
Protestant Episcopal Church, asked to be discharged from its
further consideration and that it be referred to the Committee
on Indian Affairs, which was agreed to.
Mr. FR YE , from the Committee on Commerce, to whom was
referred the joint resolution (S. R. 40) to provide for the
transportation by sea of material and equipment for use in the
construction of the Panama Canal, reported it with an amend­
ment and submitted a report thereon.
Mr. D IXO N , from the Committee on Indian Affairs, to whom
was referred the bill (S. 208) for the survey and allotment of
lands now embraced within the limits of the Fort Peck Indian
Reservation, in the State of Montana, and the sale and disposal
of all the surplus lands after allotment, reported it with amend­
ments and submitted a report thereon.
Mr. CLAPP, from the Committee on Claims, to whom was
referred the bill (S. 3778) for the relief of the Minnesota and
Ontario Bridge Company, reported it without amendment and
submitted a report thereon.
He also, from the Committee on Indian Affairs, to whom was
referred the bill (S. 1702) to reimburse H. It. King, asked to be
discharged from its further consideration and that it be re­
ferred to the Committee on Claims, which was agreed to.
Mr. JOHNSTON, from the Committee on Indian Affairs, to
whom was referred the bill (S. 4541) to authorize the sale of 640
acres of the lands of the Cheyenne and Arapahoe Agency and
the Arapahoe School, Oklahoma, and the use of the proceeds
thereof, reported it without amendment and submitted a re­
port thereon.
Mr. FORAKER, from the Committee on Pacific Islands and
Porto Rico, to whom was referred the bill (S. 389) for the re­
lief of the Companla de los Ferrocarriles de Puerto Rico, remwted it without amendment and submitted a report thereon. .
* Mr. OW EN, from the Committee on Indian Affairs, to whom \
was referred the bill (S. 4289) for the relief o f the people of
Hartshorne, Okla., reported it with an amendment and sub­
mitted a report thereon.
He also, from the same committee, to whom was referred the
bill (S. 4922) providing for the platting and selling of the south
half of section 30, township 2 north, range 11 west of the In­
dian meridian, in the State o f Oklahoma, for town-site pur­
poses, reported it with amendments and submitted a report
thereon.
He also, from the same committee, to whom were referred
the following bills, reported them severally without amend­
ment and submitted reports thereon:
A bill (S. 2893) providing for the disposition o f the balance
o f the funds derived from the sale of town lots in the county
seats of Caddo, Kiowa, and Comanche counties, O kla.; and
A bill (S. 2892) to provide for the repayment o f deposits by
judders of Kiowa-Comanche and Apache ceded lands.
^
BRIDGEPORT

the same ana " X l t t i - i . ' * ot way for. ,md S i t i n g
through the Three5Tree Point \nmn maintaiu a liue of railroad
of Washington to
Reservation, in the State
way Company,’ its ^uccessm s^ n ? ° r and Columbia River Rail“

with " u

whom was a * ™ * the b U ( h! S ^ m e S d S T n T t ' a ?




F ebruary 6,

C L E T N DISTRICT, CO
O L C IO
NNECTICUT.

Mr. SM ITH . I am directed by the Committee on Commerce,
to whom was referred the bill (II. It. 9217) amending sections
2533 and 2534 o f the Revised Statutes, so as to change the
name of the Fairfield collection district, to report it favorably
without amendment, and I submit a report thereon. I ask for
the present consideration of the bill.
Tile Secretary read the bill, and, there being no objection,
the Senate, as in Committee of the Whole, proceeded to its con­
sideration. It proposes to amend the fifth paragraph of section
2533 of the Revised Statutes of the United States so as to read:
Sl8t.r l c t . ° f B rid geport, to comprise all the waters and
State of Connecticut west of the district of New Haven,
geeP° rt. sba ae
P<»rt of entry, and Norwalk and Stam ­
ford subpoits of entry, and Greenwich and Stratford ports of delivery.
^

;_r

fnrrt

s

1908

1881

CONGRESSIONAL RECORD— SENATE.

It is for the interest of both countries th a t the Philippines he
promised their independence now. To-day the United States can obtain
w ithout doubt from the powers, including Japan, a consent to the
neutralization o f the islands, a protection of their independence from
foreign aggression.
A few years hence that consent may not be ob­
tained.
The time is ripe for the passage of a jo in t resolution declar­
ing our intention to grant the Filipinos absolute independence w ithin
a short term o f years.
T h e A n t i- I m p e r ia l is t L eagu e,
By M oorfield S t o r ey , President.

legislation to regulate the practice o f throwing overboard the
bodies o f those who die at sea, which was referred to the Com­
mittee on Public H ealth and National Quarantine.
Mr. C U L B E R SO N . I present a petition o f the Anti-Im peri­
alistic League, signed by Moorfield Storey, president, and
Erving Winslow, secretary, which I ask may be printed in the
R ecord and referred to the Committee on the Philippines.
There being no objection, the petition was referred to the
Committee on the Philippines and ordered to be printed in the
R ecord, as fo llo w s:

E rving W inslo w , Secretary.
F ebruary 8, 1908.
Mr. G A L L IN G E R presented sundry memorials o f citizens
To the Congress of the United States:
of Lancaster, N. H ., remonstrating against the adoption of a
I t ia re sp e c tfu lly su b m itte d t h a t P h ilip p in e Ind epen dence s h o u ld be
certain amendment to the copyright law relating to photo­
p ro m ised now by jo in t re so lu tio n .
graphic reproductions, which were referred to the Committee
A g re a t m a jo r it y o f A m e r ic a n p u b lic is ts , in c lu d in g th e P r e s id e n t
on Patents.
h a v e decla red th e m s e lv e s u n e q u iv o c a lly in f a v o r o f P h ilirm in e inde
penden ce
M r T a f t a lo n e , w h ile s e ttin g it b efore h is c o u S t r ? m e n a s
H e also presented petitions of sundry citizens o f Colebrook
th e g o a l to w a rd w h ich w e m u s t look, seem s n o t to d e sire it
J
and Franklin, in the State o f New Hampshire, o f Beaver Falls,
H e p o stp o n es th e d a y fo r a g e n e ra tio n a t le a s t, an d w h en t h a t tim e
is gon e he h opes t h a t b o th co u n trie s w ill agre e “ th a t it w ou ld be
Pa., and o f W ashington, D . C., praying for the enactment of
m u tu a H y ben eficial to c o n tin u e a g o v e rn m e n ta l re la tio n b etw een th em
legislation to prohibit the manufacture and sale o f in to x ic a -/
lik e th a t b etw een E n g la n d an d A u s t r a lia .”
T h a t is h is hope an d so
ting liquors in the D istrict of Columbia, which were referred
lo n g a s he ca n c o n tro l ou r p o lic y h is o b je c t m u s t be to rea lize th a t
I10? ? : ^,A s thp u g h it w ere p o ssib le fo r a co u n try a d a p te d o n ly f o r the
to the Committee on the District o f Columbia.
h a b ita tio n o f an a lie n ra ce to h o ld a p o s itio n to w a r d a “ p a re n t
Pie also presented a petition of sundry business men’s asso­
n a tio n
lik e t h a t o f a te r r ito r y p eopled a n d occu p ied b y Its ow n
em ig ra n ts.
ciations o f Portsmouth, Va., praying for the enactment o f legis­
H e pro p h e sies “ t h a t d u rin g th e n e x t tw e n ty -fiv e y e a rs a d e v e lo p m e n t
lation providing that one o f the two proposed new battle ships
w ill tak e p lace in th e a g r ic u ltu r a l an d o th e r bu sin ess o f th e P h ilip p in e
be built at the navy-yard at that city, which was referred to
w h ich w ill be as rem ark ab le in its benefits to th e U n ite d S ta te s
the Committee on Naval Affairs.
an d th e 1 h ilip p in e Is la n d s a s w a s th e d e v e lo p m e n t o f A la s k a d u r i n "
th e la s t ten or fifteen y e a r s .”
b
a lS° Pre?fDted a petition o f the Board o f Foreign Missions
f
H e in sists t h a t “ th e presen ce o f A m e r ic a n s in th e isla n d s is e s ­
of the Methodist Episcopal Church, o f New York City, N. Y.
se n tia l to th e due d e v elo p m en t o f th e lo w er c la s s e s .”
H e w a n ts th e
praying for the enactment o f legislation to prohibit the impor­
A m e r ic a n G o v e rn m e n t to rem a in in the is la n d s “ lo n g en ou gh to ed u ­
cate th e en tire people,
w h ich m e a n s an in d e fin ite fu tu r e w h en w e
tation and sale o f opium within the jurisdiction o f the United
con sid er h o w lo n g it h a s ta k e n to ed u ca te ou r ow n people.
H e th in k s
States, which was referred to the Committee on Finance
th a t
m ea n tim e th e y w ill be able to see a n d th e A m e ric a n p u b lic w ill
Mr. B R IG G S presented a petition o f the Ferracute Machine
com e to see th e en orm ou s m a te ria l benefit to b o th , a r is in g fr o m th e
m a in te n a n c e o f so m e s o r t o f a bond betw een th e tw o co u n trie s ”
He
Company, of Bridgeton, N. J., praying for the establishment of
* ° Bl1ttS
! he h a v m » su c h an o u tp o s t a s th e P h ilip p in e s m a k in e
a bureau o f mines in the Departm ent o f the Interior which
th e U n ite d S ta te s an A s ia t ic p o w e r fo r th e tim e , w ill be i m m e n s e bene
was referred to the Committee on Mines and M in in g ’
m e rclia n ts an d its t r a d e .”
H e reco m m e n d s th a t “ th e p resen t
H e also presented a petition o f the National Institute o f
h n ld i ™ ° nr i
S be f eT ved a s to
a cq u isitio n o f m in in g c la im s and the
“ S
a , andS by c o rp o ra tio n s in th e P h i li p p in e s /’
H e do es n o t
A rts and Letters, o f New York City, N. Y ., praying for the re­
a h ™?1^ I* |aiPr° P er>
ord er to secu re s u p p o rt f o r th e p o liev o f the
peal o f the duty on works o f art, which was referred to the
A d m in is tr a tio n , to p o in t o u t th e a d v a n ta g e to th e U n ited s t i t M
Committee on Finance.
h o ld in g th e isla n d s.
H e w ish e s to a t t r a c t A m e r ic a n ^ p i t a l a n d to
see A m e r ic a n in v e stm e n ts in r a ilr o a d s , m in es, an d p la n fa tio n s
i
H e also presented the petition o f H . O. Bishop, o f Perth
^ h ^ .
n a w ord to p la n t a s m u ch A m e r ic a n ’ t r e a s u r e i n t h e is la n d s
Amboy, N. J., and a petition o f Local Union No. 323 Inter­
a s p o ssib le, to m ak e it a s m u ch fo r A m e ric a n in te re s ts t o ret iin'
isla n d s a s p o ssib le, an d , u n d er cov er o f m u ch v a m e t a lk a i m ? t h f
national Typographical Union, o f Hoboken, N. J., praying for
r o w r n m o n ip u r p o s e o f th e U n ite d S ta te s to fit t h e T i l i p i n o s f o ? sJ ff
the repeal o f the duty on white paper, wood pulp, and the m a­
t0« P u rsue a p o licy w h ich w ill cre a te in A m e ric a a s t r o n g
terials used in the m anufacture thereof, which were referred
controie n t Tftga nSt , ? t t in g A m e r ic a n in v e s tm e n ts p a s s un der F ilip in o
to the Committee on Finance.
V n J i. ’
E v e rJ on e k n ow s t h a t th e d e m a n d s o f c a p ita l h a v e led th ?
’
E n g lis h G o v e rn m e n t an d o th e rs to con qu er an d a n n ex fo re ig n terri
H e also presented memorials o f sundry citizens o f Morris­
m f n i a ? d 110 n ? e, can d o u b t t h a t e v e ry A m e ric a n d o lla r p la n te d in th e
town, N. J., and o f New York City, N. Y., remonstrating against
P h ilip p in e s w ill b ecom e an a rg u m e n t a g a in s t th e ir in depen d en ce
le t
S e c re ta ry T a f t te ll us in d e ta il h o w th ese is la n d s in tw e n ty f i v l' veara
the passage o f the so-called “ Crumpacker bill ” providing for
are to becom e o f su ch rem a rk a b le v a lu e to th e U n ite d S t a t e s — a H int
the appointment o f additional clerks for taking the Thirteenth
w h ich cou ld accru e o n ly to a fe w e x p lo ite rs , w h o w ou ld d o u b t ie s l cn
Census, which were referred to the Committee on the Census.
fo rc e a d e m a n d fo r im p orted c o n tr a c t labor, d r iv in g th e n a tiv e s to th e
w a ll and ben efitin g th em selv e s a t th e exp en se o f t b e d o m e s t c in
H e also presented a petition o f the Am erican Institute o f
d u strle s o f th e U n ite d S ta te s — le t M r. T a f t elu cid a te h is p ro g ra m m e
Architects, o f Newark, N. J., praying for the enactment of
fu lly , an d it w ill be a p p a re n t t h a t th e p ro cess m ea n s th e perm an en ce
legislation providing for the location o f the Grant Monument
o f ou r h o ld upon th e isla n d s.
W h ile th is d e v elo p m en t w a s p ro ceed in g fo r th e a d v a n ta g e o f a few
in Washington, D . C., and the adoption o f the plans for the
c a p it a lis t s , th e a b so lu te re sp o n sib ility o f th e U n ite d S ta te s fo r th e
development o f that city as laid down by L ’Enfant, which was
d e fe n se o f th e a rch ip e la g o w ou ld co n tin u e .
In th e ch an ged a ttitu d e
referred to the Committee on the D istrict o f Columbia
o f a ffa irs in th e E a s t, w h ich M r. T a f t ig n o r es, th is re sp o n sib ility im ­
p lies im m en se o u tla y s ( o f w hich the m illio n s to be ask ed o f the p re sen t
c o n g r e s s a re o n ly the s m a ll b e g in n in g ) fo r fo r tific a tio n s an d an in ­
de fin itely in cre a sed n a v a l fo rce.
. A * a n y o n e d o u b ts t h is let h im ob se rve t h a t a f t e r th e v a lu e o f the
isla n d s to A m e r ic a h a s been d e m o n stra te d an d th e q u e stio n o f g iv in g
, / a e f t in depen d en ce com es up fo r d e cisio n , th e S e cre ta ry b ids us
pvi^fc, +
4 the_ trib u n a l to decide w h eth er th e pro p er p o litic a l c a p a c ity
*
J u stify in depen d en ce is C o n g re ss an d n o t th e P h ilip p in e
„ „ . „ , r,a t e ;
*
T h e ju d g m e n t o f a people a s to th eir ow n p o litic a l
Is J10* an u n e rrin g g u id e .”
C an a n y o n e be so blin d a s n o t
i«hiue i W b ^
^
S e c re ta ry T a f t 's p o licy is, an d t h a t it do es n o t m ean
iB io i,S ?Ine In d epen dence a t a l l ?
L e t th e s tr o n g n a tio n th a t finds the
n i l n -i p r o n ta b U decid e w h e th e r to let th em g o ?
I t is a bribed trib u , i c . w i ll decide th e qu estio n , an d the p o licy o f S e creta ry T a f t
r A raate a s itu a tio n w h ich m akes in depen d en ce im p ossib le.
.0
Secre, , , m ®y he rig h t o r w ro n g , b u t h is real m ea n in g is disgu ise d
to h i +
.
ben evolen ce.
In L in c o ln ’s w o rd s “ th e in fe rio r races are
. . T? tre a te d w ith a s m u ch a llo w a n c e a s th e y are ca p a b le o f e n jo y in g ,
n L w iv
8 to be done f o r th em a s th e ir c o n d itio n w ill a l l o w ;
" t hev
, c<l ? e in v a lu a b le to th e U n ite d S ta te s , an d it s C o n g re ss is to
cnin i w h |-ther th ey s h a ll be giv en th eir in depend ence.
W e ll d id L in Bay,
i t is a ll th e sa m e old s e rp e n t.”
d o i n r? Ugh th e ir ow n se lf-g o v e r n m e n t n o w lies th e road to F ilip in o inan d ad v a n ce m e n t.
In the w ord s o f L in c o ln , ad dressed
i ca y to M r * T a f t • “ B y y o u r s y s te m yo u w ou ld a lw a y s keep
'
th em ig n o r a n t nnd v ic io u s .”
'
,,
the w o rd s o f P resid en t R o o se v e lt n yea r or tw o a g o :
.
U tls a s tru e o f a race a s o f an in d iv id u a l, t h a t w h ile o u tsid e rs
n e ip
^ ce rta in degree, y e t th e real help m u s t com e in th e shape
f e u -h e lp .
M en lea rn to lie in d e p en d en t by bein g in d ep en d en t— bv
th eir ow n m ista k e s. T o s a y th a t the o b je c t o f ou r p o liev is to help the
r m p i n o s to se lf-g o v e r n m e n t nnd u ltim a te independ ence bv m a k in g
Fnt1 j 18 v a lu a b le to th e U n ited S ta te s a s p o ssib le, and th en to let the
?
vim tea S ta te s decid e w h eth er to g iv e them independ ence, is “ to keep
uie w ord o f p ro m ise to ou r ea r an d break it to ou r h o p e .”
W e a ssu m e
in e p o sitio n o f tru stee fo r th is n a tio n , and un fit o u rse lv e s to d isc h a rg e
h i m ^ f 8tJ ? p a r tia n ? '
T h e s ta te s m a n w h o p ro p oses th is m ay deceive
u im se lf, bu t w e m u st n o t let him deceive us.




r u v 6 v S°7 preSent0(! the memorial o f G. W . Lembeck, o f Jersey
2*ty’
J., remonstrating against the enactment o f legislation
to Prohibit the m anufacture and sale o f intoxicating liquors
m the D istrict o f Columbia, which was referred to the Com­
mittee on the District o f Columbia.
UMn
X e w V n S Presented a memorial o f the Produce Exchange o f
New lo r k City, N. Y ., remonstrating against the enactment o f
legislation providing for the inspection o f grain under Federal
S

F o r e M r f " “ S r<“ferred t0 tb° 0om m ‘ tt*

o T Z L tZ r e

H e also presented the petition of Robert S. Sinclair o f
Newark, N . J., praying for the enactment o f legislation grant­
ing locations and rights o f way for electric and other power
purposes through the public lands and reservations o f The
L m d ? States’ which was referred to the Committee on Public
H e also presented the memorial o f A . S. Taylor o f Closter
A . J., remonstrating against the enactment o f legislation to
abolish certain pension agencies throughout the country which
was referred to the Committee on Pensions
1 y'
h h
H e also presented a petition o f the Gloucester Countv Mori
cal Society, o f Woodbury, N. J., praying tor the e n a c tm e n ^ r
legislation granting pensions to the widows o f Dr. James- C a f
on Pensions

WUcl1

«• W c S S t t S

H e also presented a memorial o f the W holesale and
Hardware Joint Committee, of Fort Smith Ark n Ti
mortal o f the National Association
Ee’tafl D r n g
V asbiugton, D . C „ remonstrating against the passage

7

Rptnii
R tai1
L to ^
o f the

1882

CONGRESSIONAL RECORD— SENATE.

F

ebruary

12,

examiners, examining applicants and granting teachso-called “ parcels-post bill,” which were referred to the Com­ hoard o f county shall be appointed by said common school representa­ \
ers’ certificates,
mittee on Post-Offices and Post-Roads.
tive of the Interior Department.
_
4. Under the authority of the proper school officers of the State
He also presented petitions of sundry citizens o f New Jersey,
of Oklahoma, schools for the joint and equal attendance of the Indian
North Carolina, Ohio, Pennsylvania, Illinois, New York, Con­ allottees and white children in the same school shall be opened and
necticut, and Colorado, praying for the enactment of legisla­ maintained each year until the district tax levy and the per capita
tion to refund the collateral-inheritance tax to the Stevens apportionment of State funds is exhausted; whereupon the superin­
tendent representing the Interior Department shall take supervision
Institute of Technology, which were referred to the Committee and conduct said school by the expenditure of the allotment from the
Indian fund and from the Government fund, appropriated from year
on Finance.
Mr. W A R R E N presented a petition of Local Lodge No. 207, to year, so as to provide, if possible, at least eight months school in
each year in every district.
.
,
...
.
..
International Association of Machinists, of Evanston, W yo.,
5. That to maintain said schools the local authorities will levy the
praying for the enactment of legislation providing for the con­ proper taxation upon all taxable property as authorized by ,aw. The
struction of all battle ships in the Government navy-yards, State of Oklahoma will apportion to every such district, according to
the enumeration of all school children, the full per capita proport.on
which was referred to the Committee on Naval Affairs.
of State school fu n d s : that the Federal Government apportion to each
Mr. CULLOM presented petitions of sundry volunteer officers such district where there are allottee pupils such amount of Indian
of the civil war o f Carbondale, Dixon, Duquoin, Lagrange, national funds only as will equal the amount per capita derived from
taxation and State funds and no more, believing ^ a t the Indian
Lawrenceville, and Cairo, all in the State of Illinois, praying funds should not be drawn on (in justice to the Indians) for & P t
*
for the enactment of legislation to create a volunteer retired capita amount greater than their just proportion to the membership
list in the W a r and Navy Departments for the surviving o f­ of school children in the district. And further, that Congress, in view
of the withholding of said allotments of land as above stated from
ficers of the civil war, which were referred to the Committee taxation, should appropriate from the public funds a sum total of S per capita of the school children of all said districts (outside of in­
on Military Affairs.
.
Mr. M cCUM BER presented a petition of sundry citizens of corporated towns) in the Five Civilized Nations for annual allowance
(> For the purpose of permanently settling those questions of the
Rolette, N. Dak., praying for the enactment of legislation to regu­ conducting and maintenance of common schools without the uncer­
late the interstate transportation of intoxicating liquors, which tainty and disorganizing effect incident to uncertainty from year to
voar and to the end that the Indian and white children may become
was referred to the Committee on the Judiciary.
'tboromrWy affiliated and to the end that the children of African
He also presented a petition of Local Union No. 14S, Interna­ descent mav have their just opportunity for separate school facilities,
tional Brotherhood of Bookbinders, of Fargo, N. Dak., praying we respectfully ask that Congress, if in its wisdom it approve of the
above plan, may
the same as hereafter
for the repeal of the duty on white paper, wood pulp, and the restrictions placed adopt Indian lands shall relieveoperative so long as
upon
the same from local
materials used in the manufacture thereof, which was referred
t& 7atThe fS5V« i o ? 1wiUr:Submit a certified copy hereof to the Secretary
to the Committee on Finance.
the Interior and to both Houses o Congress without delay.
He also presented a petition of sundry citizens of Cooperstown, of Above memorial passed the house fof representatives by a unanimous
N. Dak., praying for the enactment of legislation to prohibit the vote on this the 29th day of January, 1908.
^
R M cbrat
interstate transportation of intoxicating liquors in prohibition
Speaker of the House of Representatives.
districts, which was referred to the Committee on the Judiciary.
Passed by the Senate this the 29th day of -January. 1908.
r S q r O W E N presented a memorial of the legislature of Okla­

J

homa, which was referred to the Committee on Indian Affairs
and ordered to be printed in the Record, as follow s.

Guthrie, Okla., January 29, 1908.

; ° fflr sEAL 1
C
B ie l C ro ss ,
L
J
Secretary of State.
MEMORIAL FROM THE LEGISLATURE OF OKLAHOMA TO THE CONGRESS OF
THE UNITED STATES, RELATING TO THE COMMON SCHOOLS IN THAT POR­
TION OF THE STATE OF OKLAHOMA FORMERLY KNOWN AS THE INDIAN
TERRITORY.
Whereas common school education is one of the most important sub­
jects of our State policy and governm ent; and
Whereas the constitution o f the State of Oklahoma declares for
absolute equality and affiliations between the Indian and white races*
an essential feature of which begins with affiliation in childhood and
in youth in the public schools, and it is therefore important that the
Indian and white children should at all times and in all localities in
the former Five Civilized Nations be associated equally in the public
schools and in the higher educational institutions of the S ta te ; and
Whereas equality in taxation for the support of the common schools
is essential in justice to all classes; and
,
Whereas for reasons and considerations' heretofore deemed adequate
and satisfactory to the Federal Government in the allotting of land in
the portion of the State of Oklahoma heretofore known as “ Indian Ter; rito ry ” and the surrender of the tribal forms of government in the hive
i Civilized Nations the Federal Government deemed it wise to withhold
l certain of the allottees’ lands from local or State taxation for varying
[ periods of years, to the extent that the local revenue for permanent
school purposes are materially diminished ; and
, , ,
;
Whereas the policy of the Federal Government has been and is to
draw upon the Indian funds of the Five Civilized Nations to aid In the
Education of the allottees of school a g e ; and
Whereas in practically every neighborhood of the former Indian Ter­
ritory the school children are of both classes (Indian and white) ; and
»t.w « ereas the scl1001 system heretofore prevailing in the portion of
• » , Ttat2 known as Oklahoma Territory was by the provisions of the
8tateho°d bill made operative throughout the entire S ta te ; and
Whereas it would he impractical as well as contrary to the school
Oklahoma Territory (now the law of the State of Oklahoma)
0 aPPjy said laws in the plan of districting, taxation, etc., to the
be attained*’ and ^
end that uniformity oi public school system may

| Therefore be it

Acting President.
I A p p r o ™3 J a n a a r y 2 9 ' 1 9 0 8 -

.

G u t h r ie , Ok l a .. January 87, 1908.
f I hereby certify that the within typewritten instrument is a true
and correct copy of senate concurrent resolution No. 19. as passed by
the senate and house of representatives o f the legislature of Okla­
homa approved bv C. N. Haskell, governor of Oklahoma, January 18,
19 0 8 a n ^ filed in this office.
L eo M e te k ,
lSEA

Deputy Secretary of State.
19.

J

Senate concurrent resolution

Senate resolution memorializing the National
« * a and the
lation that will restore the rivers tributary to the Mississippi and tne

V ^ e n a U ^ n T .n ,n c u ,e o,

T h .t

Ibe foiU SX t memorial be adopts «pd m u - t t M & p E if f iS ’S n J

i?cnrp<;Hnt&tives in Congress for formal deliverj to tne i resident
K E S T & W

A

,»,"<■ HddW o f B e p r e w it.tlr e s

r

the

United S tates tn Congress assembled, to w it.
m e m o r ia l .

To the President of the United States and to the Senate and House
of Representatives in Congress assembled.
t l f m f x • The senate and house of representatives representing
the* people of Oklahoma earnestly and respectfully call your attent on
to the importance of the Arkansas River as one of the great nari'jJ1®}
highways prepared by nature for the internal commerce of the United
Sti?es ^ T ^ v o ffim e of water, especially from the mouth of the >erdlgris and Grand rivers, form s a noble stream capable of a depth of
feet of water a t all stages, which can be established at approximately
the same cost as a double-track railroad along its banks. The m
S S t i K S of cheap transportation and the coat of water txansp.ortstm
S S J S f t r S S S r S r « < * “ u ! * ■ rendered that the w a te rw a y o«
e K n i-n itc d S ta te s shall be improved without delay.
.

abandonment of river traffic.

____ «
.

f __

Territory area has been districted by the
Oklahoma Into public school d istricts:

boats on this stream, 1870.
Executive Document
Captain Taber in his report for 1885 and 1888 , L w cu u v e
No. 90, House of Representatives, Forty-ninth Congress, first
,ve3
Captain Taber’s report of January 31. 1887, House or Kepre*euv
Document 150, F ifty-sixth Congress, second <**slon.
.
w tl} ° seeure up If ormi ty in granting certificates, that the
The report of Amos Stickney, lieutenant-colonel of engln
*or
Addition to its State board of education of one
mates that the stream can be put in P*cfbrt t ^ ^ i o n
^gt
nominated by the Secretary of the Interior.
three members of the State board of examiners, examining to the Mississippi River, 288 miles, for
*?r
id
-*|o 225
»•
and granting certificates to teach common schools, may be from the mouth of Grand River to hurt Smith would be
the ^ S e c r e t a r y of the Interior, or his representative In for a 6-foot channel and abundant i™P*'?,'*
>ni(*
,at*sHofrnjrv r«the common school interests of the Five Civilized Tribes.
Attention is called to the report of IJeutenant-Coione. • •
i iftf'
upon each board of P n n n t v o r a m i n a e a In each of a * M
UPOD G a c h b o a r d o f county examiners in a o s h
said ported December, 1900, House of Representatives Document loU,

counties in the
former




c . N . HASK ELL,

Mr. OWEN presented a concurrent resolution of the legisla­
ture of Oklahoma, which was referred to the Committee on
Commerce and was ordered to be printed in the Record, as folftbw *
s

v J u r o ! verk J hat s2 1ong as Ifffiian funds and public money o f the
t
Government I*, aPP™Priated to the maintenance of public
towns) that— former FIve Civill5sed Nations (outside of Incorporated

^
■TwdJLn+i
• S n in S S
K - e of
cnar_,e of

F MEM MINCER,

Governor of the State of Oklahoma.

I hereby certify that the within ty p e w r^ e n instrurnent ta a true
and correct copy of the “ Memorial from the ieglslature of Oklahoma
to the Congress of the United States, relating to th^ common schools
, in that portion of the State of Oklahoma formerly known as the Indian
Territory,’ ” as passed by the house of representatives and the senate
of the legislature of Oklahoma, and approved by the governor of Okla­
homa this 29th day of January, 1908, and filed for record m this

I authorities 'tof former Indian
h,e
i
the State of

T

Five Civilized Nations, one

member of

the

olvfK P avi trraea

en^Atwl edeclAti

1908.

CONGRESSIONAL RECORD— SENATE.

'A rkari v is ' r/u-m be e.n° ™ ous coal fields in Oklahoma contiguous to the
State ft
tl?e « r(?a,eKt oil and gas field in the world in our
the Arknnlns wf,tlon,
a importance as well as of State importance that
w f t h S ! i iVer be immediately developed,
tributary
r^J1
Oklahoma and on behalf of the entire
vided not onl’ for ? £ lUlIy pray , that a fund sufficient shall be prov
from the Lakesy to°trh o ^ , 1ftr°i?1
St#-i?^*L0pment of the M ississippi River
which nenetj-nroaot^c+U l^’ but that the great branch o f the Mississippi
Btantial manner8 ° U1 &>tate ska11 be immediately provided for in a sub-

1883

nineteen^States Jnd’“ ^-Mississippi Commercial Congress, representing
meteen Stetes and lerrito ries, eighteenth annual session, Muskogee
( rthn af e d .by l B. Case, of Abilene, K ans., chairman, and also by
A
A r *\ll,r lr a n c *® o f Denver, Colo., secretary.
>
(Exhibit A .)
y
Ur,^,ddfiess by S a ? 1 ' C
7ii1
<
■ asll> ° f F ort Gibson, Okla., before the MusN
k0^ em C° mrVerc|al n luS on Uecember 5, 1907.
(Exhibit B .)
hiidt1(c e) S ^
S
F ' B ' ®evers before Muskogee Commercial Club.
(E x-

eighteenth annual session at Muskogee, Okla., take this method of di­
recting your attention to the Arkansas River and earnestly presents to
your careful consideration the fact that this stream which courses its
w ay through Oklahoma has always been considered a navigable water­
way, but for obvious reasons during her Territorial existence has been
permitted to deteriorate until its commerce, once so im portant, has
disappeared alm ost entirely from its surface.
Extracts from Government reports relating to the Arkansas River
show that the Federal Government has for the past fifty years con­
sidered the river a navigable stream. This is corroborated by these
reports, which in the aggregate cover about 5 00 pages, together w ith
maps, plans, and complete estimates of the cost of river improvement.
Special reference is made to Captain Abert’ s report, 1870, page 33, E x ­
ecutive Document No. 295, House of Representatives, Forty-first Con­
gress, second session, which enumerates twenty steamboats, averaging
3 00 tons burthen, plying between F ort Gibson, Okla., L ittle Rock,
Ark., New Orleans, L a., Memphis, Tenn., St. Louis, M o., and Cincin­
nati, Ohio, and gives $ 5 ,0 0 0 ,0 0 0 annually as the volume of the Govern­
ment freight alone received at F ort Gibson.
Captain Taber, in his
report for 1885, says of the expenditure on the Arkansas, that it has
been of such practical value to navigation that accidents are prac­
tically unheard of, and the river, with the exception o f several unim­
proved shoals, is in excellent navigable condition as high as F ort
Gibson.
Captain Taber, in this report, s a y s :
' ,D urlnS the fiscal year ending June 30, 1885, $ 2 8 ,7 0 2 .7 9 was ex­
pended in the running expenses of these two boats and in their care,
as their operations seemed to give, for this reason, the greatest relief
possible, and the relief most needed.
Too much can not be said in
iayor o f the wisdom of making the last appropriation apply to the
ft
6 r iver and leaving it to the officer in charge to expend
med *post advisable.
By this means a narrow channel was
tbe
.o f the river to F ort Gibson and navigation
iono?v,ao 9nce’ a,o<3 this was afterw ards widened as required, until
mont h6
l
i
n
® o f packets was put on from L ittle Rock to the
to tlm V e a c h H h n l^ T
£
,orraerly plied on this reach was transferred
m a H their r e H m r H n H t Roc.kV + In February, 1 8 85, the boats actually
the hoa V esf I n i ^ w
b/
and on, one occasion I traveled upon
tno heaviest snag boat from dark until nearly m idnight the nilot
having no difficulty whatever, and this at a medium stage o f water,

Letters from Arthur F . Francis, secretary Trans-M ississinni Commer­
cial Congress, to Eck E. Brook, chairman of the international imnrove
ment and navigation committee.
(Exhibit D )
Piove

- 1® a ll* H e rePorts there are statistics relative to the improvement
of the Arkansas as high as Arkansas City, K ans.
Captain Taber
in his report, January 23, 1886, s a y s :
y a u xaDer,

IIone tFcif <p ten r l )l Cem,ber 2 8 ’ 19, 0 7 ’ from Senator Robert L . Owen to
1
and n f y le ,? io i? r00( | A i b l ,rT f
<:0mmlt" ;e » “
improvements

r

than 25 per cent of the sum be exaendpd n n L
that not less
the State of Oklahoma.
expended upon the improvements within
W e respectfully emphasize the generally conceded fnot tv,ar ^
„
roads of the country are inadequate to handle
H i , ™ 11'
commerce.
W e emphasize the fact that the r nn ^ o ^ o Prese 1 iminense
to carry commerce of a perishable n a h , r e L U . l l dl are ™ore suited
a quicker and more expensive transportation is required w hihfH he
c h e S ^ m i t ] c sC Untry Can be more j^ ic i o u s ly used for heavier and
Si
r °

a t r i n ^ ^ s taHp°of t ^ t iCb tbe ArkaDSaS
W
r
VVe submit also the follow ing e xh ib its:

ls oae *

™

m ost va lS :

G0TO" O Ch" ' »
T

»•

r ^ e red iV o ° p m
a

lit W

u

E

T

bi 5tf f i M u n try 'w a rra n ts

A

J S S

t

wlcM tl- * * “ •
”

i o o t 1lli ^ ^ ro m , C h a r l e s W . F a ir b a n k s , bearing date o f December 14

I n E ^ t a t e m m t ^ c S ; ' ' ' ’01' ' ’ subm ilted J” “

C om m erciafcon gresa0n\ 4 rhiblt I ’f ™ ™ ' 13’ chalrman T rans-M ississippi

lo r over two years I have been engaged in personal conversa­
tion. as opportunity occurred, w ith old navigators of the river and old
HTfl.HHtnJt-m 6 the. kaaks> an<l w ith my object concealed have received
unlfoim testim ony that in past years the Arkansas River flowed through
a much narrower channel, and th a t then, but for the snags, no boats

d a t f to D e H S h o ^ H 1 al 1oo'-°ebRiir' ’ ^ er.e tary *? the President. bearing
tr
(>
bibit H .)
“
1 9 ’ 19° ' ’ addressed t0 M r- Arthur F. Francis.
(E x-

( S

l f

l ‘ iraDC‘ S' 8" r« - / T r . „ , . M i i S S , 'rr o2 :
p c i

c«J',e!t t e r , froal C. H . Newell, director o f United States Reclamation
Service, bearing date December 12, 1907, addressed to Mr Arthur F
»eoretafy Trans-M ississippi Commercial Congress.' (E xhibit JA
Letter from C. L. Jackson, president Muskogee Commercial Club ad­
dressed to Senator Eck E. Brook, chairman of committee on internal
improvement and navigation.
(E xhibit K .)
internal
mulje*ler w l i 11 ( harles E. Madison, president Muskogee One Hundred
5)
Thousand Club, addressed to Senator Eck E. Brook, chairman of com
mittee on internal improvements and navigation. (E xhibit L )
W hereas the Trans-M ississippi Commercial Congress at its eighteenth
annual session held November 22, 1907, at Muskogee. Okla.. unani­
mously adopted a memorial, copy o£ which is hereunto attached, direct­
ing the attention of the General Government to the neglected condition
of the Arkansas River, and urging immediate steps for the restoration
of that river as a navigable stre a m ; and
W hereas the Trans-M ississippi Commercial Congress as a potential
body represented at Its session at Muskogee all the States and Terri­
tories west o f the Mississippi River, with an actual attendance o f over
1 ,5 0 0 of the 3 ,0 0 0 delegates appointed; and
whereas the memorial which was adopted by that representative body
has been received by the President of the United States and forwarded
by him to Hon. T heodore E . B urton , chairman o f the Inland W ater­
ways Commission, nnd also chairman of the Committee on Rivers and
llarliois of the House of Representatives, a copy o f which correspond­
ence is a tta c h e d : Therefore he it
/i(csolned by Ihe senate ( the house concurring). T hat the Congress
or tlie United States be memorialized and earnestly urged to enact a
law or make an appropriation that will carry into immediate effect
recommendations contained in this memorial, and that all of the
exm bits hereunto attached become a part of said memorial, and th at
ine same become a m atter o f record, and that Senators O w e n and
J?bRE, together with each and every Representative in Congress from
Oklahoma, be respectfully requested to cooperate to the fullest extent
in securing for the Arkansas River the consideration to which it is
ju stly entitled.
Resolved, T h at a duly certified copy of this memorial. Immediately
upon its passage by the senate and house and after its approval by
governor, be transm itted to Senators O w e n and Gore and the
otner Representatives in the National Congress from Oklahoma.
H enry S. J o h n s t o n ,
President pro tempore o f the Senate.
W m . II. M u r r a y ,

Speaker of the House.
Approved January 18, 1908.

C. N. Haskeul,
Governor of the State of Oklahoma.

Exhibit A.

A MEMORIAL OF THE OKLAHOMA LEGISLATURE OF JANUARY 27, 1908.
To the President of the United States, the Senate and House of Repre­
sentatives, Washington, D. G.:
In conveying to you our greeting, we, the Trans-M ississippi Com­
mercial Congress, representing nineteen States and the Territories, in




> 3 1 . 1 8 8 7 , the follow -

is1 u n i llr la U ,na(P.g 13e8 6 ) had ^
C
difficulty in doinS so. This testimony
Jn examination and survey o f Arkansas River, House of Representatives Document 150, F ifty-sixth Congress, second session, report
dat? d December <, 1900, the follow ing statem ent occurs •
S r ° /Q^ lan ? e Pf rt of , de year a ,‘ theae depths ( 2 to 2.2 6 feet at mouth
t
of G iand R iver) would be greater and the channels wider, and for
short periods at long intervals they would be less.
(P. 2 .)
Tort Gibson, on the Grand River, 2 m iles above its mouth, has
always been considered the head o f navigation.
(P 5 )
‘ From an engineering point o f view the board believes th a t the
improvement o f tbe river is feasible for open-river navigation from
its mouth to the mouth o f the Grand R iver.”
(P 22 )
b
m

by A“ '* S,lci!ney'
“ From the mouth o f the Grand River, opposite the Muskogee Ilvde
Park landing to L ittle Rock, the distance is 2 88 miles, and the h o a r d
Hw.t / ep? rted lJecember 6. 1900, states that it w ill require but r> 6 6 77
200 for improvements, and from the mouth of the Grand River S ’ Fort
Smith according to John W ilson, brigadier-general, Chief of E n g in e e ^
United States Arm y, the cost w ill be $ 5 ,2 2 6 ,2 2 5 , with a chamfef d H r u
T m s wil1 be Permanent improvement.
4
el deptb
V
£ ate the total amount expended on the Arkansas River
by the I-ederal Government reaches the sum of $ 7 4 4 ,2 5 3 74 ” DSaS KlYer
Ih e report of Am os Stickney, lieutenant-colonel o f'e n g in e e rs h1 h
,
nutted December, 1900 (II. Doc. No. 150, 56th C o n g , 2d sess ) ’ E?ves
full and complete estimates.
This report savs, pages 2 and 3 • ' ’ B eS
Iro m Grand River to Little R o c k : The board is o f opinion th a t
open-river channels can be obtained in this section, although they woffid
necessarily be sm all and in the upper part o f the realh very shalk>w during low-w ater seasons and o f doubtful utility at such' tim es
The plan presented for improvement for open-river navigation conteml
plates the probable attainm ent of channels 3 00 fe e t in surface width
with mean depth at ordinary low water of 4 .5 to 5 feet at L ittle Rock'
4 to 4,.j feet at Dardanelle, 3 to 3.5 feet at Fort Sm ith, and 2 to 2 2 5
feet at mouth o f Grand River. For a large part of the year all o f
these depths would be greater and the channels wider, and for short
periods at long intervals they would be less. T he estim ates o f cost hv
reaches, are as fo llo w s :
’ y
Little Rock to Dardanelle (3 8 m ile s)________________
$ 4 400 o 9lDardanelle to F ort Sm ith (1 0 6 .3 m ile s )_____________ r/ r o l ’
Fort Smith to mouth o f Grand River (9 3 .1 m ile s )______ I __ 5 ; 2 2 6 ’ 22 5
T o t a l-------------------------------------------------------------------------------------- ----

280, 9 2 5

“ The board states that a channel depth of 6 feet can he obtained in
this section by the construction o f thirty-three locks and dams esti
mated to cost, Including bank protection. $ 2 6 ,6 7 7 ,2 0 0 , ami that?careful
surveys would be required for the definite location of the various works.
whether the method of improvement bs by open-channel work or by the
slack-water system .
J LU
B
“ From L ittle Rock to the mouth of the riv e r : It is the oniuion o f
the board that the construction and maintenance of locks and dams in
this section would be hazardous and very c o s tly ; that any imnrovm
ment made should be for open-river navigation, and th a t by the latter
method channels can be obtained of not less than 3 00 feet in width with
[R mean depth of about 5 feet and a central depth of about 7 feef H
ordinary low w ater.
For a large part of the year such channels would be

1884

CONGRESSIONAL RECORD— SENATE.

wider and deeper. The estimates of cost, by reaches, for open-river
navigation are as follo w s:
Month to Pine Bluff (108 m iles)---------------------------------------------- $6, 2 1 3 ,4 7 5
Pine Bluff to Little Rock (66 m iles)-------------------------------------3, 1 69, 000
T o t a l_______________________________________________ ____ _ 9. 982, 475
Add to this the estimated cost of improvement from Grand
River to Little Rock, viz____________________________________ 2SO, 92o
Grand total of cost for open-river improvement------- 25, 263, 400
“ In addition to the complete formation and maintenance of channels
the constant removal, at least for many years, o f the snags formed by
the enormous quantity of drift that passes down the river would
be absolutely necessary for the safety of navigation. For this purpose
a properly equipped light-draft steel-hull snag boat should be provided,
at a cost estimated at $75,000, and provision made for its operation and
maintenance, estimated to cost $25,000 per year.
.
„
“ It is the opinion of the board that any work on improvement should
be done in reaches of continuous work, beginning with the work in
each reach at the head of said reach, and It emphasized the statement
that satisfactory results and economy in cost can not be obtained
except by continuous work, the estimates being based upon such method
and upon provision of funds by yearly appropriations of sufficient mag­
nitude to keep a working plant in continuous operation.
.
.

“Attention is respectfully invited to the statement by the board in
regard to the usefulness of the improvement to navigation and its
relation and value to commerce.”
, , ,
.
.. . . .. .
It is our purpose in the details narrated to emphasize the f&ct that
the present neglected condition of the Arkansas River, especially upon
the upper reaches through Oklahoma, is not a natural condition, and
that it is the plain duty of the Government to restore this stream as a
commercial artery and make it a blessing to the million and a half
people of this State and the people of the other populous sections in

0tIInr v A w /f the"fact that^an inland'Waterways Commission has been
created and in view of the fact that the Administration has given
utterance to a broad policy of international
this method of submitting to your attention the ancient claims of! the
Arkansas River, trusting that speedy means will be taken to restore
that historic stream to her old-time prestige as a commercial highway.
Bv order of the executive committee.
„
,
^
J. B. Ca s e , Abilene, Kans., Chairman.
A r t h u r F. F r a n c is , Denver, Colo.,

Secretary of the Congress.

r:\

Exhibit B.
ADDRESS DELIVERED BY F. H. NASH, FORT GIBSON, BEFORE THE MUSKOGEE
COMMERCIAL CLUB, DECEMBER 0 , 1 9 0 1.
Responding to your invitation to meet with you a °d
T
,7£u
my experiences of an early day in this country, J
evening, and hope I may be able to interest you for a little wh •
I came to this country at an early day and on a
A J ,,v
New Orleans, La., my native city, in May, 18o3, then in
J * 11® ’ 1
,
year, to join my father at Van Buren, Ark., where he had been about
eighteen months as bookkeeper for the old and well-known farm ox r .
Pennyweight & Co.
My advent was made on the stem-wheeler Ar­
kansas. A fte r a trip of eight days was landed in \an Buren. Ahe
trip was full o f excitement to me, never having been very far from
home before. Pine Bluff was a small villa ge; Little Rock could hardly
be called a city. Dardanelle, Norristown, and Spaden were all small
villages. No railroads west of the M ississippi; steamboating was the
only mode of travel. The whistle of a steamboat brought the whole
country to the river banks. They made frequent stops taking on and
putting off passengers and freight.
Then, too, we had to wop very
often for wood, the only fuel used. No one in those days was aw_are
of the immense store of coal awaiting to be discovered. The
* as
in good condition and we had no trouble. Remember this was in May.
After spending about two months with my father, nothing to jdo except
to enjoy myself fishing and hunting, concluded to seek work or some
kind, and requested my father’s assistance.
He succeeded ih getting
me a position as clerk to Mr. W illiam P. Denckla (who, after the civil
war, was the first president of the Little Rock and i ort Smith Rail­
road), sutler for the army at Fort Gibson, Ind. 1 .
F o r t r lf
was at that time headquarters for the Seventh Lm ted States in­
fantry, with a regimental band, and was garrisoned by B D and K
Companies, officers and men numbering about oOD. lo u will see y
this that a good many supplies were necessary. There was *
.
tively good road over the mountains to Fort Smith, »8 miles dista
(the present road by rail is 70 m iles), kept in repair by the 5
.
ment and used for transporting supplies w^en. ^ er® .^ a fnotrQV.,irn2
aStion.
Very few wagons were used, our principal mode of travelin„
being horseback, with a pair of saddlebags to carry
February
The river in those days was navigable from
° f n, £ n n6?
to July or August. The Government, as well as
Ln^R om eni
took advantage of the early waters, as there was generally &
it navigable by larger boats, and got their supplies for G ie y e ,
_
fear of drought, which meant a low river. All steamboat men coun
,
however, on what they called a June rise, the melting: of m ow In the
mountains from rains and slush. They were seldom
deal of the late heavy water is now diverted
J / pi8a t*®nf Pu
J.?®teS
t:j,q
I left Van Buren on the 4th day of July* 18 o3, to SO *b W M t has
been ever since my home— Fort Gibson. Got as far as Webbers bans
and had to return to Van Buren. On the 2d day of August I made an­
other start and was again stopped at Webbers balls.
The town is
named after the falls just above it, which consists of a bridge of rocks
all the way across the river, obstructing the channel.
Remove these
rocks out of the channel and one of the main obstructions of what has
always been called the upper river will be out of the way. Our steam­
boat unloaded its cargo here and again turned back. I remained, hired
a horse and a guide, and on the evening of the 4th of August arrived
in Fort Gibson pretty tired. There was not enough water the rest of
the season for boats on account of the obstruction spoken of and one
or two others of the same nature. I do not remember of but one
drought which affected the river sufficiently to prevent boats from navi­
gating it from January to August, and that was In 1857 or 1859, for
a period of fifteen or eighteen months. The Arkansas from its mouth
up is extremely low. We hauled goods from all points on the river
where they had been left by steamboats, at one time hauling from
Little Rock. A good deal of this, even then, could have been avoided,
If the Government had given any assistance at all to our western
rivers. Like our dirt roads, the rivers need work, the nature of the
banks, the freshets, all tend to make obstructions; a snag, a tree, or




F

ebruary'

12 ,

log off of a caving bank will lodge In the channel, catch drift and
s a n d : no one to remove the snag, consequently the next boat has to
make a new channel, and, unless in very high water, tie up at a bank
all night and wait for daylight.
There were a great many boats in the river then, a good many
Memphis packets which seldom got above Fort Smith.
I remember
the names of a few of our regular boats. There was the Thomas t .
Kay. Pennywith No. I and No. 2, Arkansas, Arkansaxc, L pire 3»o. £ and
Xo. S, Tahlequah, Young America, Thirty-fifth Parallel Exporter, and
Importer. These were all stern-wheel boats, except the Thirty-fifth
Parallel which was a side-wheeler, built by Fort Smith capital and
named by its owners after the city, which was, as the citizens claimed,
to be the great thoroughfare for the West. O f the captains or pilots
I can call to mind but a few.
So many things have occurred since,
so many new faces and names to remember. I remember Gapt. 'V iinam
Nowland, Ed. Nowland. Eugene Smith Jim Bowlin, a n d 'W illia m s
The Nowlands and Smiths were residents of Fort Smith, almost
lived on the river, and knew what was called the * upper'Jiy®p' F®**
Smith to Fort Gibson, by heart. The others spent most of their time
in lower river. I have spent many a day with them In the pilot house
and sparring over sand bars.
I have not heard of them for sevcra
years. Capt. Ed. Nowland and Smith were in Memphis the last I
knew of them. Capt. W illiam Nowland was blown up on a steamboat
not a great many /e a r s ago. Captain Williams
out of the Arkansas River the largest load o f cotton on record, be ng 5,000 bales,
and was presented with a silver service by the commission men o f New
Orleans
W hat was done then can more than be done now. I believe,
to a certain extent, the river above the mouth of the G ra n d a n d N erdigris rivers may be affected by irrigating in Colorado, but thl» c aam ore
fhan be made good by the constant use of a snag boat to remote ob■tnfetions in the channel and keeping it open.
One or two regular
boats ply the river and keep the water in m otion; using these ebanne s
will prevent sand from filling them up.
Another obstruction which
gives ^trouble at a low stage is a ledge of rock at Frozen Itock, which
can also be removed with a little dynamite.
I see bv a recent Muskogee paper that the Frisco Railway was c o n -;
tidering ^
feasibility of putting in a trolley system to Frozen Rock
Sufficient to transport passengers and freight and en&eaLYor to make
this the head of navigation in order to avoid raising their bridge am
making a drawbridge of it. This will be objected to and resisted.
Fort Gibson is the head of navigation, so laid down on maps in
Washington City, and, then, too, you want Hyde Park for your
One* more Obstruction just’ below the Frisco bridge can ^ rem ^ied
with verv little work, and that is an old ford called the Rabmt £ ° r d ,
w th F r o z e n R o c k out of the way this will be a small item. I have
made a good many trips from Fort Gibson to St. Louis and New Orleans
and returned on steamboats, and hope to see the day when I can do it
again
The railroads can not handle the products o f this country as
they once could. We are growing faster than the railroads are. Our
cotton, corn, and potato Interests are such that we need water trans­
portation, to say nothing of the coal and oil interests, which ar
fncreasing d a i l y / Tobacco can be raised here. I have seen U shipped.
W e are now a" State. W e will soon have farmers from all points of
SsfatpQ
W p should £T6t ready for them.
It used to be
t o t toS# J S J or did run to Fort Smith wbeu they could not or
did not run to Fort Gibson. There were two or three reasons for
fhia
Fnrt Smith and Van Buren and interior towns had a good deal
fretJhf
There was a good deal of cotton to ship out. This por­
tion ofSthe country"lnS th o sed ays raised no cotton. We did> not have
thp f-irmers
The two or three obstructions mentioned and the caving
in of tTe b a n k s -th e consei^ence was the river not being used much,
” 5 $
7 'T r * % 0 kfS‘ ^mrnment put a . t o , beat In our river
C
for a short time, a n ! we had a little boat called the Border City and
which came to see us a few times
I trust the
present effort being made will be more successful, and that we
see the grand old times again, when as many as three boats and

Another? the V o r t Smith,

T VfeCnodv used to do business at the old urn
F or. a t m . a m
and the Cherokee

k

Agency o or • * > .

wouUl^ave* been lost to the country u«u »«.
T T r V n ir a J *
tifif necessary to sav much about Grand River, the beautiful strj.
f n o n w h i c h T o r t Gibson is located; you drink its water every W Ou? honored governor spoke of it at the convention just Gored in you
city. Steamboat men in old times sung its praises, and they oeaXU
always knew when the rise was out of Grand River.
It has the
est current of any western river and supplies its full 8 ° ° * * . _ ^
Arkansas
In the near future we believe the dam so long spoken
will be constructed and Grand River will furnish light and

Exhibit C.
ADDRESS BY CAPT. F. B. SEVERS.

I came to Fort Gibson, Ind. T ., from Washington County, A t g
in the spring of 1852 and remained at Fort Gibson three J™™-.. ' e eBthere I was in the employ of V'. C. Dixon, who was at that tl
^
gaged In the mercantile business
Fort Gibson . ,,e W * .a a | af
1h
S S
in general o e r c t a r t t e
In t t o * J t a j . U r •

a
t

all brought up the Arkansas River.
___________
. .
A iter remaining at Fort Gibson throe years I came across
Creek Nation and embarked in the mercantile business, and I reeo
j
verv well the first stock of goods I ever brought froin
, i>iver<
had them shipped by boat and delivered at the mouth o fG r a n
w h i c h was then known as Nivens landing. I had sereral sblpmcn^
made bv boat and hauled from Nivens lan d in g to a point on De rejo§d
S f f o K t *
K
« Sheildrrllle. by ox t.-am and would reio^
these teams with pecans and bides to be taken batk
t’‘ j Biad«
ing to be sent from there by boat to 8t. I^uis
;P.
f ,>ectthswhich I remember in particular consisted ot 3,^OW bush J
)
bur
which went on boat from this point. And bide buyers ana pec*»
ers in those days usually sent their goods
boat
A kaB- j
1 remember in particular several of the boats « h lt h Diwa toe
^
sns River in those days. One in particular wiu the P .f f .
°
%
by Mr. P. II. White, a large wholesale dealer at V*n Buren, Tbi
Another boat was named Van Buren, after the city of that namt.

1908.

CONGRESSIONAL RECORD— SENATE.

the VftfJmri! »se<?, t0 t p 150 r ^ u la r weekly trips.
The Little Roclt and
of these boa
r&
\so plied p ie Arkansas Itiver in those times. AIK
Tlie l a r s e s t 1 ,ll®Te mentioned were good-sized stern-wheel boats.
Grand Ifivei1 c? ? recollect at this time ever coming up the;
Hyde Park S J 1, *? ts / ? ° , utb’ k° own as Nivens Landing, known now as
i?,11
supplies1 for tim
A
^ a d e d down to the guard with m ilitary,
nearly everv v e n ?°lr' o
buat was a side-wheel boat. She came out
the Alabama
stage of water. She was a boat that ran:
boat.
She w l f »r S „ d 'Nas use^ Principally on th a t river as a cotton
modern in 'n m m m o r,fnei b? at\ weI1 finished inside, equipped w ith the

1885

E x h ib i t F.
Hon. E ck E. B rook,

Chairman Committee on Internal Improvements
and Navigation, Guthrie, Okla.
My Dear Sir : Transportation is the vital question back o f the pros­

perity o f every State and Territory in the Union, and water transporta­
tion is never to be lost where it is possible to obtain it.
W ater transportation has tw o leading fe a tu re s:
F irst, it is the cheapest known method of transportation.
Scarcely
a railroad in the United States reports the actual costs o f transport­
ing a ton o f freight 1 mile as low as 2 m ills, and most of the roads
the people of this western country f t 't h a t '& f f 11* WaS quite a sight to
find it impossible to approximate that amount, where water transporta­
the w aterw ay s'of t h e ^ r e a f W e s t y0Ur great UDdortakinS In <>P
a™ S ” P tion average throughout a shipping season is found to be conducted at
an actual cost of even less than seven-tenths of 1 mill per ton per mile,
Sincerely,
Frederick B. Severs.
per ton per mile.
The other important feature is that the waterways are above the
E x h i b i t D.
possibility of m onop oly; they are open to the world. They furnish the
highway upon which all boats may ride at will, and the ownership of
TRANS-MISSISSIPPI COMMERCIAL CONGRESS.
a boat, at the cost of a few thousands dollars, is means o f competition
always open to the shippers of freight.
Muskogee, December £8, 1907.
W aterw ays are the God-given opportunity for the people to forever
insure themselves against the oppression of monopolizing artificial
means o f transportation.
S e n t lo o k ln l t o w a r d £,Ctl? n up0Q the Part of the National Govern
A water-rate point anywhere w ithin the borders o f the State of
Oklahoma is a perpetual blessing to every point within the State.
o f that river as a^ n a v S e S S 2 > fmeBt and tbG Ultimate restoration
m
Give us a water-rate point within the borders o f Oklahoma, and
foJrn 1£ d L O T e<* l o n b e ® t0 state for your information that In conthe corporation commission can protect the people through the con­
President^ nf fV StT C °,? S ! he inclosed memorial has been sent to the
,A -U )V
o
trol of rates within the State based on the w ater rate to the outside
world.
Sneaker of t b l e rT nitCd ,States’ tbe President of the Senate, and the
«
Hon F H N pw Si t h „ o f Representatives.
Copies were also sent to
~ The Arkansas River has been reported by the Engineers of the United
w ho’ represented t h A P 6 member o f the Inland W aterw ays Commission
sta te s as practical for open-river navigation to the mouth o f the
vour aTtelftlon to
r
miusi* ^ at our Congress. I would also direct
Grand, and for slack-water navigation above the mouth of the G rand
J® tbe, “ outh o f the Cimarron. M any people are prone to imagine
President S tS w vP it ii om this iV esp?1
nse to the letter onlv
j. i cbiutfiiL iioos6V6it fSim
office the memorial not which w ent to
tnat the State derives no benefit from its navigable rivers except the
T iir o S p
r! S
“ of, M . - Hoosevelt, but was sent by him to Hon.
r
immediate locality. _ T his is not true, and a student of freight rates
lHEODORE L. B ur t o n , who is not only chairman of the Inland W a t e r ­
will readily say, Give us a w ater-rate point within the State and a
ways Commission, but is also chairman of the Committee on Rivers and
corporation commission empowered to control rates within the State
Harbors. The correspondence in this matter I herewith attach
and the whole people of the State are bound to be benefited by this
« r r i o V L har? y necessary for me to call your attention to the verv
rate-making influence.
f ^ at
^ hlch this m atter bears to Oklahoma and to direct
These same superficial critics may say “ the Arkansas River is imprac­
thisF
°fr to
,\ °P P °rt;une time which is now presented to have
e
ticable to navigate,” yet those who have carefully studied the question
this matter forcefully presented in the National Congress
It mav
and know o f its earlier navigation, and who know th a t the captains and
be* n
,ec* s,s ary f ° r me to explain to you t h a tth e o r g a n iz a t io n
pilots of those days assure us that since the danger from snags and
Miss sshidP P vor S ^ f
emarial represents all o f the States west of the
d rift m atter in earlier days has been minimized by the clearing of the
MlssissipDi R iv w .
A t the meeting held in Muskogee, in November,
forests of the bottom lands, navigation of the Arkansas River is more
commercial h ^ ef ov0t. ^ P A ted by ,tbe vari? us, governors, mayors, and
a ^
practicable to-day than it w as when the channel was filled w ith snags
mi
bodies over 1 ,5 0 0 were in actual attendance.
Every State
and fallen timber.
b
thtN-efcfrp m f / t d as rePre®
ented by delesates of high standing5^ It is
A gain, we are told that $ 8 2 ,0 0 0 ,0 0 0 o f Government money was
no.
+ not too much to assume that behind this memorial is the
spent on improving the M onongahela River above Pittsburg. The Ar» o ^
reag h a° { every S Vite, w itbout regard to political alignment
Kansas River opposite Fort Gibson is more practicable of improvement
t h e r t e W o £ nd , Arkai}sas united on this proposition and, supported by
than any part o f the Monongahela.
One-fourth o f the money spent on
forded
T rans-M ississippi States, the opportunity a l
the Monongahela, creating slack-w ater navigation, would make the sec­
appeal
^
L
11
satisfactory action in this m atter w ill no doubt
ond section of the Arkansas River a better slack-w ater proposition,
congress
y
i? Vt, At,
i!ate’ tbe executive committee o f the
and less than th a t am ount would open the first section of the Arkansas
i„e p rhat if the legislature of Oklahoma w ill place itself
(4 6 0 miles from the M ississippi to the G rand) for open-river navigation.
In ol;(afninoS' f f ! r ^ n 0 a \b 3 Proposition, Its action will assist m aterially
Again, the improvement of the T rinity River from the city o f D allas
!i„ , 1 for the Arkansas River the recognition which has so long
to its mouth involves a descent of 511 feet, and the T rin ity in its un­
natn™ien!rtC’a n X Ing t o -> T®|"HtoriaI form of government dwarfing its
,a
improved condition has never been recognized as comparing favorably
advautage8.
Perm it me also to state for your information
in any sense o f the word with the Arkansas, and yet the T rin ity is
that this m atter w ill be presented to Congress by our Congressional
being improved and w ill in time be profitably navigated and w ill yield
committee, and I n addition t h e r e t o the printed report o f our proceed­
benefits to the people o f Texas beyond the most enthusiastic expecta­
ings will give this subject thorough attention, which report w ill b e
tions of those who have worked to secure the improvement.
ready for distribution in a few days and w ill be forwarded to every
No State can afford to neglect the opportunity to bring the steam boat
Senator and Representative in Congress for perusal
y
w ithin its borders.
Oklahoma is the natural location for extensive
Trusting that you w ill dispose o f this m atter at your earliest con­
maJlu £aetuldne interests, as well as for vast agricultural productions,
venience and advise this office promptly o f the result, I am,
and cheap transportation is indispensable to success in m anufacturing
Yours, truly,
and in agriculture and is the spirit o f general commerce.
A r t iiu r F . F r a n c is ,
Let Congress give the Arkansas one-third the money it has nrofitahlv
Secretary of the Congress.
spent upon the Monongahela, and we w ill forever have water rates to
Hon. E c k E. B rook ,
the mouth of the Grand.
Give us another one-third o f that slm e
Chairman Committee on Internal improvements
sum and perpetual water transportation by fewer dams of simpler
and navigation, Guthrie, Okla.
construction than those built on the Monongahela w ill extend Lermanent navigation to the mouth of the Cimarron, and no better invest«m1dre0!t a t e

E x h i b i t E.

Muskogee,

O k l a ., December £8, 1907.

Hon. E. E. B rook ,

Chairman Committee on Internal Improvements
and Navigation, Guthrie, Okla.
M t Dear Senator : In answer to your inquiry w ith regard to the
practicability 0 f the navigation of the Arkansas River and the possibiuty of the Federal support, I have to say :
l'irst, that the navigability of the Arkansas has been absolutely
demonstrated beyond possibility o f doubt by the best o f all evidence,
continued successful navigation through a period of years. In the early
settlement of the W est, the United States Government had established
lines of commerce on the Arkansas up to the mouth of Grand River,
and the only reason for its rapid decadence was the building of rail­
roads and the ability of the railroads to destroy w ater competition
by the methods which we all so well understand.
I am the president of the Muskogee-Oklahoma Packet Company, and
jve have ordered a new steamer to ply these waters from Muskogee to
the M ississippi, and o f course our people would not be building this
boat unless they had thoroughly examined the question as to the navi­
gability of the stream even without any Improvements thereon.
A 6 foot channel can be easily established In the Arkansas, and it
could be made a great highway of commerce at a less cost than a double­
track railway along Its banks.
I think if the Government would take advantage o f our natural gas
fields and our wonderful deposits of Portland cement and producing
quarries, most excellent hydraulic cement can be made in Oklahoma at a
cost of less than 5 0 cents a b arre l; that concrete piles could be sunk In
the sand bars o f the Arkansas by gravity and pile drivers which would
G Tl trnl
G

l

N il O u l u

...........
.

re jo ic e

a.G L t

IU

t w

nt n

p i a i o

xtodti

III

Irtttr r n c f

u c iu iu fc

tv

u c ic iu p

u ii

highway which 1 plainly see on the Arkansas River,
commercial .. .t
lpt action ..
soi
\__ T he prompt _______ contemplated by the legislature is a source o f
tre a t satisfaction to me
Robt. L. Owen.
Yours, very respectfully



i

SUm ° f m<mey could be “ ade for the w elfare of our

For the people o f any other locality in Oklahoma to oppose the
improvement of the Arkansas River because their town is not immedi­
ately upon its banks would be absurd, narrow-minded, as foolish as
it would be for Syracuse, N. Y „ to fight the improvement to the
fharbor a t New lo r k C ity, which harbor has made the whole State o f
-New lo r k untold millions and given that State the title of the Emnire
tState, when in fact the State of New York itself but for its com­
merce would be of minor consequence.
The ocean harbor at the
; southeast and the land harbor at the northwest are the life and the
■commerce of that great State, and the Arkansas can be made the vital
artery in the commerce and prosperity o f Oklahoma.

C. N. H a sk ell , Governor.
T h e V ice -P r e sid e n t ’s Cham ber .
W a sh ing t o n , December v h

Dear Mr. Francis :

1907.

I

have the honor to acknowledge receint o f
your letters of the 10th in sta n t transm itting copy of the recom m en d
tlons adopted by the T rans-M ississippi Commercial Congress at its
eighteenth annual meeting, held in Muskogee, and to say th a t the same
will be laid before the Senate in accordance with y o u r’ reauest
Very truly, yours,

C h a s . W. F a ir b a n k s .

Hon. A rthur F. F rancis , Cripple Creek, Colo.

T h e W h it e H ouse ,

Washington, December 19, 1907
M y D ear S i r : Your letter o f the 17th instant, w ith inclosure con.
cerning the m atter of restoring the Arkansas River as a commercial
artery, has been received and w ill be called to the attention o f the
President.
Very truly, yours,
*
W m . M . L oeb ,
„
_ _
Secretary to the President
M r. A rthur F. F rancis ,
'vsiaem .

Trans-Mississippi Commercial Congress, Muskogee, Okla.

1886

CONGRESSIONAL RECORD— SENATE.

F ebruary 12,

Committee on Rivers and Harbors,
House of Representatives, United States,
Washington, D. C., December 21, 1901.
Arthur F. Francis,

possible during at least eight or nine months of the year for us to move
our coal and oil and corn and cotton to the marts of the world inde­
pendent of railway systems.
If you will go back to Captain Abert’s report (Ex. Doc. No. 295,
Secretary Trans-Mississippi Commercial Congress,
H. R. 41st Cong., 2d sess.) you will find the following statement:
Cripple Creek, Colo.
“ Twenty steamboats, averaging 300 tons burden, now ply between Fort
My Dear Sir : The President has referred to me your note, trans­ Smith, Little Rock, New Orleans, Memphis, St. Louis, and Cincinnati.
mitting resolutions of recent date relating to the improvement of the The amount of up-and-down river trade received and shipped at Fort
Smith is about 25,000 tons annually, exclusive of Government freight.”
Arkansas River. The same will receive attention.
“ The Government freight received at the same point amounts to
Very respectfully,
t . E. Burton.
n
about $o,000,000 annually.”

Department of the I nterior,
United States Reclamation Service,
Washington, D. G., December 12, 1907.
Arthur F. Francis,
Secretary Trans-Mississippi Commercial Congress,
Muskogee, Okla.
Dear Sir : Your letter of December 7 has been received, with certi­

Mr.

fied copy of resolution passed at Muskogee. I am glad to have this for
reference, and will do all I can to assist in making effective the desires
of the Trans-Mississippi Commercial Congress.
I wish to thank you for the promise of an early copy of the official
record, as I think this will be of considerable value in discussion of the
matter.

Very truly, yours,

Senator Eck E. Brook,

F. H. Newell, Director.

Exhibit J.
Muskogee, Okla., January lh 1908.

Care lone Hotel, Guthrie, Okla.

Dear Sir :

I am glad to know that you have introduced a joint
resolution favoring the appropriation by the National Government of a
sufficient sum of money to improve to its fullest degree the Arkansas
River for navigation purposes.
Many of the members of the legislature may not know that about a
century ago the Government located Fort Gibson, about 7 miles north
of Muskogee, on the east bank of the Grand River, because it was
readily accessible by steamboats, and for about seventy years Fort
Gibson was the Government’s point of distribution of its supplies for
nearly all of the great southwestern posts. This condition continued
until the first railroad to build a bridge over the Arkansas River
crossed same just above where the Grand River empties into the
Arkansas River, and the construction of this and other roads made
the distance from points on these roads to the frontier posts much
sliori
rter than from Fort Gibson, making it impracticable to continue
wagon travel from Fort Gibson to these frontier posts, and in 1872
navigation on the river began to decline and the Government ceased to
pay much attention to the river, and for the past forty-odd years it
has taken care of itself.
Tne increase of population in this new State is such that it renders
imperative the improvement of the Arkansas River into and through
our State. It will not be a local proposition, but will be a proposition
of State-wide importance. It is the only river which enters this State
which can be rendered susceptible of navigation. In 1870 the Govern­
ment reports showed that there were more than twenty steamboats run­
ning from New Orleans, Cincinnati, and St. Louis up to Fort Gibson. If
the traffic then would justify twenty boats, the traffic now would
justify ten times that number if the river was in condition to permit
of its being used for navigation.
The Government reports show that a 6-foot channel can be maintained
by the Government and that the same is practicable. Therefore the
Government should be called upon to appropriate sufficient money to
create this 6-foot channel, not in later years, but now. A year or so
ago there was a small amount of money appropriated for the improve­
ment of the Arkansas River, and it was provided in the appropriation
hill that all of it should be spent in the State of Arkansas. Your reso­
lution should demand of the Federal Government that it appropriate
money for the improvement of the Arkansas River, and provide that at
least 25 per cent of the sum appropriated should be spent within the
limits of the State of Oklahoma.
Trusting that you will succeed in having this joint resolution unani­
mously adopted, and that we will all succeed in our work in this river
improvement, I am,
Very respectfully,
Clifford L. Jackson,

'

President Muskogee Commercial Club.

The Muskogee Oil Refining Company,

Muskogee, Okla., January 1, 1908.

lion. Eck

E.

Brook,

Chairman Committee on Internal Improvements and
Navigation, Senate Chamber, Guthrie, Okla.
M y I)e\ Senator: On behalf of the One Hundred Thousand Club
r

and the good citizens of this section of the State who are vitally in­
terested in the navigation of our one great waterway, as must, indeed,
all t
i’oocl citizens of Oklahoma, be interested in the furtherance of navigation and improvement of this great artery of commerce, I beg to use
your valued influence and best efforts in urging the immediate action
| of our legislature iu preparing a memorial to tbe National Congiess,
requesting immediate assistance in the way of a substantial appiopiiation for the improvement of navigation on the Arkansas River.
The Arkansas River has for the past seventy years been by the Fun­
eral Government considered a navigable river from its mouth to tne
mouth of the Grand River. Four complete surveys and exhaustive re­
ports have been made on this subject. In 1870 Capt. S. 1 . Abert being
the engineer in charge; again in 1885 an exhaustive report was made
by Capt. II. S. T aber; another exhaustive report was made by the same
author in 1 8 8 7 ; in December, 1900, lieutenant-colonel of engineers, U. b.
Army, Amos Stickney, submitted a most exhaustive report, and the last
and final report, not yet published, being made by the honorable Board
of Army Engineers appointed this last spring by President Roosevelt,
so I take it we are not in the need of any further examinations or
reports on the feasibility of navigation on the Arkansas, but what we
want is a substantial appropriation for the immediate commencement
of actual improvement.
.
,
Pending the time when the more substantial improvements that waif
be necessary in order to secure year-around navigation, or greater
draught, we should demand, and Congress should grant, the service of
snag boats and dredge boats to the end that this great new State may
\ avail herself of this great natural artery of commerce by making it




i

Mr. H EM ENW AY presented a petition of the congregation of
the Grace Methodist Episcopal Church, of Hartford City, Ind.,
praying for the enactment of legislation to regulate the inter­
state transportation of intoxicating liquors, which was referred
to the Committee on the Judiciary.
He also presented a petition of Local Union No. 286, Inter­
national Typographical Union, of Marion, Ind., praying for the
repeal of the duty on white paper, wood pulp, and the materials
used in the manufacture thereof, which was referred to the
Committee on Finance.
He also presented sundry petitions of citizens of Indianapolis,
Ind., praying for the enactment of legislation to promote the
efficiency of the militia, which were referred to the Committee
on Military Affairs.
Mr. SIMMONS presented a petition of the Chamber of Com­
merce of Wilmington, N. C., praying that an appropriation
be made for the improvement of Fort Caswell, in that State,
which was referred to the Committee on Military Affairs.
He also presented petitions of sundry citizens of Asheboro,
N. C., praying for the enactment of legislation to regulate the
interstate transportation of intoxicating liquors, which were
referred to the Committee on the Judiciary.
Mr. HOPKINS presented a petition of the executive commit­
tee of the National Business League of America, praying for
the transfer of the Consular Bureau from the Department of
State to the Department of Commerce and Labor, which was
referred to the Committee on Foreign Relations.
Mr. CURTIS presented a petition of sundry citizens of Atch­
ison, Kans., remonstrating against the repeal of the present anti- ;
canteen law, which was referred to the Committee on Miiltary
Affairs.
He also presented a memorial of sundry citizens of Waverly,
Kans., remonstrating against the manufacture and sale of in­
toxicating liquors in the District of Columbia, which was re­
ferred to the Committee on the District of Columbia.
He also presented a petition of Local Union No. 121, Typo- j
graphical Union, of Topeka, Kans,, and a petition of Local
Union No. 243, Typographical Union, of Hutchinson, Kans., j
praying for the repeal of the duty on white paper, wood pulp,
and the materials used in the manufacture thereof, which were
referred to the Committee on Finance.
Mr. LONG presented a petition of Local Union No. 481, Typo- ■
graphical Union, of Iola, Kans., praying for the repeal of the
duty on white paper, wood pulp, and the materials used in the
manufacture thereof, which was referred to the Committee on
Finance.
He also presented sundry petitions of the Woman’s Christian
Temperance Union and sundry other organizations of Brownell,
Howard, Moundvalley, Geneseo, Kendall, Columbus, Iola, Con­
cordia, Waverly, and Niotaze, all in the State of Kansas, pray- ,
ing for the enactment of legislation to prohibit the manufacture
and sale of intoxicating liquors in the District of Columbia, 1
which was referred to the Committee on the District of Colum- j
bia.
Mr. CLAPP presented a petition of sundry citizens of Min- ]
neapolis, Minn., praying for the enactment of legislation to
regulate the interstate transportation of intoxicating liquors, j
which was referred to the Committee on the Judiciary.
He also presented a memorial of the Commercial Club, of
Hendricks, Minn., remonstrating against the passage of the socalled “ parcels-post bill,” which was referred to the C o m -mittee on Post-Offices and Post-Roads.
Mr. TELLER presented a petition of the American National
Live Stock Association, of Denver, Colo., praying for the enact­
ment of legislation to create a nonpartisan tariff commission,
which was referred to the Committee on Finance.

RE RTS O COM ITTEES.
PO
F
M
Mr. GALLINGER, from the Committee on the District of
.Columbia, to whom was referred the petition of the Woman’s
interdenominational Missionary Union of the District of Co­
lumbia, praying for the enactment of legislation to prohibit the
sale and importation of opium throughout the States and Terri­
tories and possessions of the United States, asked to be dis­
charged from its further consideration, and that it be referred
to the Committee on Finance, which was agreed to.
Mr. FLINT, from the Committee on Education and Labor, to

1908.

CONGRESSIONAL RECORD— SENATE.

whom w as referred the bill (S. 48 ) t ° reimburse d P
,
the late Freedmen’s Savings and t r u s t Company,
p
with an amendment and submitted a report theie .
Mr. B R O W N from the Committee on Indian A ffa n s, to whom
was referred the bill (S. 4549) to authorize t t e Secretary o
the Interior to issue patent in fee simple for ceitain lands or
the Santee Reservation, in Nebraska, to the directors o f school
district No. 36, in Knox County, Nebr., reported it without
amendment and submitted a repoit thereon.
_
.
Mr M cC U M B E R , from the Committee on Pensions, to whom
w ere'referred certain bills granting pensions and increase of
pensions, submitted a report, accompanied by a bill (S . 52o4)
granting pensions and increase of pensions to certain soldiers
and sailors o f the civil war and certain widows and dependent
Children o f such soldiers and sailors, which was read twice by
its title, the bill being a substitute for the following Senate
bills heretofore referred to that com m ittee:
S. 13. Nathan H . T y le r ;
S. 56. Chase M. S w ain ;
S. 195. Rebecca K r a u s ;

S .200. Joseph Logsdon;
S. 201. Isaac W harton ;
S. 210. Gilbert A . Jordan ;
S. 397. Edward C. G earey;
S. 577. Anthony Grisvoi ;
S. 616. George A . B u cklin ;
S. 704. Marshall H . L e w is;
S. 769. David S. O liphant;
S. 823. Erastus Strickland;
S. 854. Franklin L . F elch ;
S. 856. Elizabeth M a rsh a ll;
S. 865. Sarah J. M u m ford;
S. SG9. Jefferson S ta n ley ;
S. 918. Nathan Dunkeiberg;
S. 976. Luman N . Judd;
S. 1019. W illiam M. Favorite;
S. 1130. Charles F . Shepard;
S. 1349. M arilla H a r v e y ;
S. 1356. Bertha Zw icker;
S. 1542. Frederick D. W in to n ;
S. 1606. Bridget M u rph y;
S. 1653. Edmund J. G raves;
S. 1686. Alexander R u ssell;
S. 1690. Charles T h u rston ;
S. 1777. Thomas J. Postlew ait;
S . 2184. Hazen E . Soule;
S. 2257. M ary J. L o g a n ;
S . 2407. Marcus J. H ow lan d;
S. 2493. Andrew G. P ringle;
S. 2666. Johnston M . W a t t s ;
S. 2858. Elbridge Stevens;
S. 2882. Richard F ir n ;
S . 2883. George W . Irw in ;
S. 31S9. John G. Snook;
S . 3196. Joseph A . C la rk ;
S. 3205. Jacob M. W e ek ley ;
S . 3490. Sarah A . Chitw ood;
S . 3492. Harrison Lovelace;
S. 3679. H arriet E. W hiton ;
S. 3774. George A . W h itn e y ;
S. 3781. Lydia M . Salisbu ry;
S .3 817 . John S. L ee ;
5 . 3823. John L. Fran cis;
5 . 3824. Thomas Gibson;
S. 3893. Mary E. K ello g g ;
S .3920. M ary J. H am m ond;
S .3967. Dolson B. Searle;
S . 4059. James H . Conley;
S. 4185. Gage S. G ritm an ;
S .4187. Henry P. French;
S. 4244. W illiam H . S o n ;
S. 4245. Eunice P. A th e y ;
S. 4247. Orlando S. G off;
S. 4415. George E . Lounsberry;
S. 4418. Mary E. Ostheim er;
S . 4510. Hannibal H . W h itn ey;
S. 4684. Edwin W . F ren ch ; and
S. 5008. Jerome Crandall.
Mr. M cC U M B E R , from the Committee on Pensions, to whom
were referred certain bills granting pensions and increase of
pensions, submitted a report accompanied by a bill (S . 5255)
granting pensions and increase of pensions to certain soldiers
and sailors of the Regular A rm y and Navy, and certain soldiers
and sailors o f wars other than the civil war, and to widows and
dependent relatives of such soldiers and sailors, which was read




1887

twice by its title, the bill being a substitute for the following
Senate bills heretofore referred to that com m ittee:
S. 229. Rachel B e a tty ;
S . 233. Jane P ayn e;
S. 411. Andrew E . W a te rm a n ;
S. 662. Frances V. D a lla s ;
S. 965. W illiam Lind ;
S. 1552. George H . T h orp e;
S. 2866. Augusta C. Stouch;
S. 2905, Van O gle;
S. 2936. Adam S. B ridgefarm er;
S. 2964. John Burkinan ;
S. 3337. Hardin E. R u n n els;
S . 3338. Sadonia Pierce;
S . 3353. Plansford D . W a ll;
S. 3354. Annie M. D a n c y ;
S. 3635. Mary M. W ells ;
S. 3656. Fannie W . R eading;
S. 3883. Eloise W ilk in son ;
S. 3945. Lavinia A . E . R o gers;
S. 3946. Mary V a rn ;
S. 3947. Owen J. R evels;
S . 3974. Anna Cochran;
S. 4104. H . Rowan Saufiey;
S . 4344. Archibald N. H ogan s; and
S. 5108. Em il Kubblank.

FO T RILEY M
R
ILITARY RESERVATIO LAND.
N
Mr. W A R R E N . During my absence from the Senate Cham­
ber yesterday the Senate passed the bill (S . 3157) to authorize
the W a r Department to transfer certain land belonging to the
Fort Riley M ilitary Reservation to the State o f Kansas. A
bill identically the same in every way was passed by the House
on the 7th instant, and which I now report back from the Com­
mittee on Claims without amendment. In order to facilitate
business, I move to reconsider the votes on the passage o f the
Senate bill and ask that the Senate m ay pass the House bill.
The V IC E -P R E S ID E N T . The Secretary will read by title
the bill reported by the Senator from W yom ing.
The S ecretary. A bill (II. R . 12398) to authorize the W a r
Department to transfer to the State of K ansas certain land
now a part o f Fort Riley M ilitary Reservation.
The V IC E -P R E S ID E N T . Is there objection to the present
consideration o f the bill?
There being no objection, the bill was considered as in Com­
mittee o f the W hole.
The bill w as reported to the Senate without amendment,
ordered to a third reading, read the third time, and passed.
Mr. W A R R E N . I move that the votes by which Senate bill
3157 was ordered to a third reading and passed be recon­
sidered.
The motion to reconsider was agreed to.
Mr. W A R R E N . I move that the bill be indefinitely post­
poned.
The motion w as agreed to.

ST. LOUIS R ER BR G
IV
ID E.
Mr. M A R T IN . I am directed by the Committee on Com­
merce, to whom w as referred the bill (H . R . 16050) to authorize
the Interstate Transfer Railway Company to construct a bridge
across the St. Louis River between the States o f Wisconsin and
Minnesota to report it favorably with an amendment, and I
submit a report thereon.
Mr. L A F O L L E T T E . I ask unanimous consent for the
present consideration of the bill.
The Secretary read the bill, and, there being no objection,
the Senate, as in Committee o f the W hole, proceeded to its
consideration.
The amendment was to add at the end o f section 1 the fol­
lowing proviso:
P r o v i d e d , That said bridge shall he constructed with two through
decks, one of which shall provide for the passage of wagons and
vehicles, for all kinds of street railway and motor. cars, and road
travel, and one of which shall also have two- passageways, one on
either side, for the exclusive use of pedestrians, each passageway to
he not less than 3& feet in width, and to be separated from the road­
way or railway on said deck by suitable guard railings; and all parts
of said bridge shall he forever maintained in accessible and serviceable
condition and the use thereof shall he forever free and without toll or
compensation therefor to all pedestrians and vehicles, hut not free for
steam or electric railroad cars and locomotives or street cars.

The amendment was agreed to.
The bill was reported to the Senate as amended and the
amendment was concurred in.
The amendment was ordered to be engrossed and the bill to
be read a third time.
The bill was read the third time and passed.

1888

CONGRESSIONAL RECORD— SENATE.

F

ebruary

12,

March 2, 1901, which was read twice by its title and referred
to the Committee on the Judiciary.
He also introduced a bill (S. 5275) granting an increase of
pension to Agnes Boone Otis, which was read twice by its title
and, with the accompanying papers, referred to the Committee
Resolved, That the claim of the heirs at law of Daniel W , Sampson on Pensions.
IS 5177) and also the claim of the Baptist Church of Dardanelle,
Mr. O W E N introduced a bill (S. 5276) for the relief of the
Ark. (S. 5 0 2 5 ), now pending in the Senate, together with all accom­
panying papers, he, and the same are hereby, referred to the Court estate of J. P. Lawrence, deceased, which was read twice by
of Claims in pursuance of the provisions of an act entitled “ An ad
its title and referred to the Committee on Claims.
to provide for the bringing of suits against the Government of th(
H e also introduced a bill (S. 5277) for the relief of William
United States,” approved March 3, 1887, and generally known as thi
Tucker Act, and the said court shall proceed with the same in accord!
F. Dietrich and others, which was read twice by its title an
ance with the provisions of such act and report to the Senate in act
referred to the Committee on Indian Affairs.
cordance therewith.
Mr. W A R N E R introduced a bill (S. 527S) providing for the
HEARINGS BEFORE THE COMMITTEE ON INTEROCEANIC CANALS.
transfer of certain names from the freedman roll to the roll of
Mr. AN K E N Y. On behalf of the Committee on Interoceanic
citizens by blood of the Choctaw and Chickasaw nations, which
Canals, I ask for the adoption of the following order.
was read twice by its title and referred to the Committee on
The order was considered by unanimous consent and agreed Indian Affairs.
to, as follows:
He also introduced a bill (S. 5279) granting a pension to
Ordered, That the Committee on Interoceanic Canals he authorized Mary Florence King, which was read twice by its title and,
to print 1]000 copies of the hearings had before it on the subject of the
with the accompanying papers, referred to the Committee on
Panama Canal.
Pensions,
HEIES OF DANIEL W . SAMPSON, ETC.

Mr. FULTON, from the Committee on Claims, reported the
following resolution, which was considered by unanimous con­
sent and agreed t o :

BILLS INTRODUCED.

Mr. SCOTT introduced a bill (S. 5256) granting an increase
of pension to James T. Moore, which was read twice by its title
and referred to the Committee on Pensions.
Mr. F R YE introduced a bill (S. 5257) granting a pension to
Thomas B. Stewart, which was read twice by its title and, with
the accompanying paper, referred to the Committee on Pensions.
Mr. M cLAURIN introduced a bill (S. 5258) to carry into
effect the findings of the Court of Claims in the matter of the
claim of Mrs. Harriett Miles, which was read twice by its title
and referred to the Committee on Claims.
Mr. G ALLIN GER introduced the following bills, which were
severally read twice by their titles and, with the accompanying
papers, referred to the Committee on the District of Columbia:
A bill (S. 5259) to provide order and quiet in the election
of delegates in the District of Columbia to national conventions
of political parties, and for other purposes; and
A bill (S. 5260) to define the size and capacity of receptacles
used in the sale of farm and garden produce generally, and for
other purposes.
Mr. CULLOM introduced a bill (S. 5261) granting an increase
of pension to George T. Black, which was read twice by its title
and referred to the Committee on Pensions.
Mr. LODGE introduced a bill (S. 5262) to repeal an act ap­
proved April 30, 1906, entitled “An act to regulate shipping in
trade between ports of the United States and ports or places
in the Philippine Archipelago, between ports or places in the
Philippine Archipelago, and for other purposes,” and for other
purposes, which was read twice by its title and referred to the
Committee on the Philippines.
Mr. PLA TT introduced a bill (S. 5263) for the relief of W il­
liam Parker Sedgwick, which was read twice by its title and re­
ferred to the Committee on Naval Affairs.
Mr. D IC K introduced a bill (S . 5264) granting a pension to
Morris E. Leighty, which was read twice by its title and re­
ferred to the Committee on Pensions.
He also introduced a bill (S . 5265) to correct the military
record of Frauk Wempe, which was read twice by its title and
referred to the Committee on Military Affairs.
Mr. FO STER introduced the following bills, which were sev­
erally read twice by their titles and referred to the Committee
on Claim s:
A bill (S. 5266) for the relief of James M. Schilling;
A bill (S. 5267) for the relief of John R. Bisland; and
A bill (S. 5268) for the relief of J. de L. Lafitte.
Mr. W A R R E N introduced a bill (S. 5269) for the relief of
Mrs. Libbie Arnold, which was read twice by its title and re­
ferred to the Committee on Claims.
Mr. SIMMONS introduced the following bills, which were
severally read twice by their titles and referred to the Com­
mittee on Pensions:
A bill (S. 5270) granting an increase of pension to Jackson
Ramsey (with accompanying papers) ; and
A bill (S. 5271) granting an increase of pension to Jacob M.
Revis (with accompanying papers).
Mr. TAYL O R introduced a bill (S. 5272) granting a pension
to Henry Jones, which was read twice by its title and referred
to the Committee on Pensions.
Mr. D IX O N introduced a bill (S. 5273) for the relief of An­
drew Whitley, which was read twiee by its title and, with the
accompanying paper, referred to the Committee on Military
Affairs.
Mr. CULBERSON introduced a bill (S. 5274) to amend the
act creating the Spanish Treaty Claims Commission, approved




Mr. F LIN T introduced the following bills, which were sev­
erally read twice by their titles and,' with the accompanying
papers, referred to the Committee on Pensions:
A bill (S. 52S0) granting an increase of pension to James L.
Rouse; and
A hill (S. 52S1) granting an increase of pension to Francis
M. Walker.
He also introduced a bill (S. 5282) for the relief of Mrs.
Ella Phillips, widow of David Phillips, deceased, which was read
twice by its title and referred to the Committee on Claims.
lie also introduced a bill (S. 5283) appropriating money to
perform the work described in the special report of the Cali­
fornia Debris Commission with regard to future operations
for the control of mining debris, improving navigability, and
providing for the control of floods on the Sacramento and
Feather rivers of California, dated June 30, 1907, and printed
with the Annual Report of the Chief of Engineers o f the United
States Army for the fiscal year ending June 30, 1907, which was
read twice by its title and referred to the Committee on
Commerce.
Mr. LONG introduced a bill (S. 5284) for the relief of Jonson
Adams, which was read twice by its title and referred to the
Committee on Military Affairs.
Mr. H E M E N W A Y introduced a bill (S. 5285) granting an
increase of pension to John S. Marrs, which was read twice by
its title and, with the accompanying paper, referred to the Com­
mittee on Pensions.
He also introduced a bill (S. 5286) granting an increase of
pension to Benjamin F. Simpson, which was read twice by its
title and referred to the Committee on Pensions.
Mr. G AM BLE introduced a bill (S. 5287) granting an increase
of pension to Arthur Linn, which was read twice by its title
and referred to the Committee on Pensions.
Mr. BOURNE introduced a bill (S. 5288) granting an increase
of pension to Caroline P. Hill, which was read twice by its title
and, with the accompanying papers, referred to the Committee
on Pensions.
He also introduced a bill (S. 5289) for the relief of Hundley
S. Maloney, which was read twice by its title and, with the
accompanying paper, referred to the Committee on Military
Affairs.
Mr. C U RTIS introduced the following bills, which were sev­
erally read twice by their titles and referred to the Committee
on Pensions:
A hill (S . 5290) granting an increase of pension to William
S. Canatsey (with accompanying p a p er); and
A bill (S. 5291) to pension the company of Indian scouts
known as “ The Forsythe Scouts.”
Mr. OVERM AN introduced a bill (S. 5292) for the relief of
Capt. W illiam Hill, which was read twice by its title and, with
the accompanying papers, referred to the Committee on Claims.
Mr. CULLOM introduced a bill (S. 5293) granting a pension
to James H . Draper, which was read twice by its title and re­
ferred to the Committee on Pensions.
Mr. GORE introduced a bill (S. 5294) to authorize the issu­
ance of patents in fee to Indians under the jurisdiction of the
Quapaw Agency and the sale of all tribal lands, school, agency,
or other buildings on any of the reservations within the juris­
diction of such agency, and for other purposes, which was
read twice by its title and referred to the Committee on Indian
Affairs.
Mr. FULTO N introduced a joint resolution (S. R. 55) author­
izing the use of a dredger in improving the channel of Coos

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1

CONGRESSIONAL RECORD— SENATE.

1908

2193

H e also presented petitions of sundry citizens of Oil City and lature o f Oklahoma, relative to the withdrawal o f certain Choc­
North East, in the State o f Pennsylvania, and of sundry citizens taw lands from allotment for the purpose of establishing a
of Baltimore, Md., praying for the enactment of legislation timber reserve. I move that it be printed as a document and
providing for the creation o f a volunteer retired list for the referred to the Committee on Indian Affairs.
The motion was agreed to.
survivors o f the civil war, which were referred to the Com­
mittee on Military Affairs.
THANKS TO SENATOR BEVEK G
ID E.
He also presented petitions o f Clarence W hite and sundry
Mr. O W E N . I present a concurrent resolution of the legis­
other citizens o f R ushboro; E. C. Tabor and sundry other citi­ lature of Oklahoma, being a resolution o f thanks to Hon. A l ­
zens of Conneautville; J. H. Reese and sundry other citizens bert J. B everidge for his work in promoting statehood for Okla­
of N orristow n; D . H . Nodine and sundry other citizens of homa. I ask that it may lie on the table and be printed in the
Cambridge Springs; A . H . Jones and sundry other citizens of I R ecord.
South M ontrose; the Dublin D airy Association, Dublin, all in
There being no objection, the resolution was ordered to lie on
the State of Pennsylvania, praying for the enactment of legis­ the table and to be printed in the R ecord, as fo llo w s:
lation providing for additional protection to the dairy interests
Concurrent resolution 3.
of the country, which were referred to the Committee on
B e it r e s o lv e d b y th e h o u s e o f r e p r e s e n t a t iv e s o f th e first le g is la tu r e
Agriculture and Forestry.
o f O k la h o m a ( th e s e n a te c o n c u r r in g t h e r e i n ), r e p r e s e n tin g a m illio n
H e also presented a petition of Pittsburg Harbor, No. 25. a n d a h a l f o f p e o p l e o f t h e n e w S t a t e , That we extend to A l b e r t J .
B e v e r id g e , United States Senator, our
American Association of Masters and Pilots o f Steam Vessels, preciation-for the noble work renderedheartfelt thanks and sincere ap­
as chairman of the Committee
of Pittsburg, Pa., praying for the enactment of legislation for on Territories of the United States Senate in securing the passage of
the enabling act, thereby making it possible for this great State to be
the relief o f the survivors of the Mississippi River Ram Fleet
into the American Union:
and Marine Brigade, which was referred to the Committee on admittede d , That the chief clerk he And be it further this resolution
R eso lv
instructed to mail
Claims.
to Senator A l b e r t J. B e v e r id g e , Washington, D. C.
William H. Muncey,
He also presented petitions of Iona Grange, East Lemon
S p ea k er o f th e H o u se o f R e p r e s e n ta tiv e s.
Grange, Berrysburg Grange, Meiserville Grange, Mayflower
H e n r y S. J o h n s t o n ,
Grange, Laurel H ill Grange, Russellville Grange, Glen Hope
P r e s id e n t p r o te m p o r e o f th e S e n a te .
Attost *
Grange, East Branch Grange, Summermill Grange, German
C. H . P i t t m a n , C h i e f C l e r k .
Grange, Mount Pleasant Grange, Dawson Grange, Tioga Grange,
Attest:
■
Brokenstraw Grange, W est Branch Grange, Donation Grange,
J. I. H o w a r d , S e c r e t a r y .
New- Washington Grange, all of the Patrons of H usbandry; of
REPORTS O COMMITTEES.
F
James Riddle and sundry other citizens of M ahaffey; J. S.
Mr. N E LSO N , from the Committee on the Judiciary, to whom
^ en aud sundry other citizens o f Geigers M ills; W . F. 'William­
was referred the joint resolution (S . R. 37) disapproving cer­
son and sundry other citizens of W illiam son ; F. Livermore and
tain laws enacted by the legislative assembly o f the Territory
sundry other citizens of L inden; W . B. Hendricks and sundry
o f New Mexico, reported it without amendment and submitted
other citizens of C ream ery; E. J. Ackerman and sundry other
citizens of Ackermanville, all in the State of Pennsylvania, a report thereon.
Mr. C U LB E R SO N , from the Committee on Public Buildings
Praying for the enactment o f legislation providing for addi­
tional protection to the dairy interests of the country, which and Grounds, to whom was referred the bill (S . 486) to provide
for the purchase of a site and the erection o f a public building
were referred to the Committee on Agriculture and Forestry.
Mv. T A L IA F E R R O presented a petition o f sundry citizens of thereon at Victoria, in the State o f Texas, reported it without
V ashington County, Fla., praying for the passage of the so- amendment.
\
Mr. D IX O N , from the Committee on Public Lands, to whom
called “ parcels-post bill,” which was referred to the Committee
was referred the bill (S . 213) for the relief of S. R. Green,
on Post-Offices and Post-Roads.
H e also presented a petition of the National Educational and reported it without amendment and submitted a report thereon.
Mr. F U L T O N , from the Committee on Public Lands, to whom
Cooperative Union of America, o f Washington County, Fla.,
praying for the enactment of legislation to repeal the present was referred the bill (S . 1617) to quiet title to certain land in
national banking laws and to establish in lieu thereof a national Donna Ana County, N . Mex., reported it with amendments and
currency in the form o f Treasury notes, which w as referred to submitted a report thereon.
Mr. LO D G E . I am directed by the Committee on Foreign
the Committee on Finance.
Mr. B U L K E L E Y presented memorials of sundry organiza­ Relations, to whom was referred the bill (S . 4112) to amend
tions of Norwich, Ansonia, Meriden, H artford, Torrington, New an act entitled “An act to provide for the reorganization o f the
Britain, and Stamford, all in the State o f Connecticut, remon­ consular service o f the United States,” approved April 5, 1906,
strating against the enactment of legislation to regulate the to report it with amendments, and I submit a report thereon.
interstate transportation of intoxicating liquors, which were re­ I submit certain documents which I wish to have printed as a
part of the report to accompany the bill.
ferred to the Committee on the Judiciary.
The V IC E -P R E S ID E N T . The documents submitted by the
H e also presented memorials of sundry citizens of Stamford
and Watertown, in the State o f Connecticut, remonstrating Senator from Massachusetts will be printed as a part of the
against the passage of the so-called “ Crumpacker b i ll” pro­ report.
Mr. L O D G E . A ll the documents are attached to the report.
viding for the taking of the thirteenth and subsequent decen­
nial censuses, which were referred to the Committee on the I merely suggest that they all be printed in one pamphlet as a
report.
Census.
The V IC E -P R E S ID E N T . It is so ordered, and the bill will
Mr. P E N R O SE presented a petition of the Philadelphia
Bourse, o f Philadelphia, Pa., praying for the enactment of leg­ be placed on the Calendar.
Mr. H E Y B U R N , from the Committee on Public Lands, to
islation to create a retired list for the district superintendents,
keepers, and crews of the Life-Saving Service, which was re­ whom w as referred the amendment submitted by him self on the
ferred to the Committee on Commerce.
14th instant, proposing to appropriate $2,000 for separate State
He also presented a petition of the National Board of Trade, and Territorial maps, prepared, or to be prepared, in the Gen­
of Washington, D. C., praying for the establishment o f postal eral Land Office, intended to be proposed by him to the legisla­
savings banks, which was referred to the Committee on Post- tive, etc., appropriation bill, reported favorably thereon and
Offices and Post-Roads.
moved that it be referred to the Committee on Appropriations
He also presented a petition of the National Board of Trade and printed, which was agreed to.
of Washington, D. C., praying for the ratification of interna­
H e also, from the Committee on Public Buildings and
tional arbitration treaties, which was referred to the Committee Grounds, to whom was referred the bill (S . 33) to provide a
on Foreign Relations.
public park on Georgetown Heights, in the D istrict of Columbia
He also presented a petition of the National Board o f Trade reported it without amendment and submitted a report thereon!
of Washington, D. C., praying for the enactment of legislation
Mr. CLAPP, from the Committee on Claims, to whom was
providing for the capitalization, management, and control of referred the bill (S . 1392) for the relief o f Salvador Costa re­
associations and labor engaged in commerce among the several ported it with amendments and submitted a report thereon
States, Territories, and insular possessions o f the United States
Mr. T A Y L O R , from the Committee on Indian Affairs, to whom
and with foreign nations, which was referred to the Committee was referred the bill (S . 4801) granting certain lands in the
on the Judiciary.
W in d River Reservation, in Wyom ing, to the Protestant Epis­
H e also presented sundry affidavits to accompany the bill copal Church, reported it without amendment.
(S . 5398) granting an increase of pension to Richard Carr,
Mr. C U LLOM , from the Committee on Foreign Relations to
which were referred to the Committee on Pensions.
whom was referred the amendment submitted by him self o n ’the
Mr. O W E N . I present a concurrent resolution o f the legis- 17th instant, proposing to appropriate $1,373,643, to enable the
X L I I ------- 138

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i

2194

CONGRESSIONAL RECORD— SENATE.

Secretary of State to purchase suitable lands and buildings as
should comprise and be connected with the consular establish­
ment in China, Japan, and Korea, intended to be proposed to
the diplomatic and consular appropriation bill, reported it
with amendments and moved that it be referred to the Commit­
tee on Appropriations and printed, which was agreed to.
Mr. OVERM AN, from the Committee on Public Buildings and
Grounds, to whom was referred the bill (S, 4196) to provide
for the enlargement and improvement of the public building at
Elgin, 111., reported it without amendment and submitted a re­
port thereon.
He also, from the same committee, to whom was referred the
bill (S . 4368) to provide for the purchase of a site and the
erection of a public building at Wilson, N. C., reported it with
an amendment and submitted a report thereon.
Mr, M ARTIN , from the Committee on Commerce, to whom
was referred the bill (S. 5133) to amend an act entitled “An
act authorizing the Winnipeg, Yankton and Gulf Railroad Com­
pany to construct a combined railroad, wagon, and foot-passen­
ger bridge across the Missouri River at or near the city of
Yankton, S. Dak.,” reported it without amendment and sub­
mitted a report thereon.
He also, from the same committee, to whom was referred the
bill (H . R. 12401) to legalize a bridge across the Mississippi
River at Rice, Minn., reported it without amendment.
Mr. BACON, from the Committee on Foreign Relations, to
whom was referred the amendment submitted by himself on
the 17th instant, proposing to appropriate $400,000 for the pur­
chase of suitable buildings and grounds at Paris, France, for
the use of the embassy, etc., intended to be proposed to the
diplomatic and consular appropriation bill, reported favorably
thereon and moved that it be referred to the Committee on
Appropriations and printed, which was agreed to.
Mr. PENROSE, from the Committee on Post-Offices and PostRoads, to whom was referred the amendment submitted by Mr,
M cC umber on the 12th instant, intended to be proposed to
House bill 15372, known as the “ omnibus claims bill,” asked to
be discharged from its further consideration and that it be
referred to the Committee on Claims, which was agreed to.
4 Mr. SCOTT, from the Committee on Public Buildings and
*Grounds, to whom was referred the bill (S. 156) to provide for
the purchase of a site and the erection of a building thereon at
Bellaire, in the State of Ohio, reported it without amendment
and submitted a report thereon.
Mr. B U R K ETT, from the Committee on Public Buildings
and Grounds, to whom was referred the bill (S. 4248) to in­
crease the limit of cost of the United States post-office building
at Kearney, Nebr., reported it with an amendment and sub­
mitted a report thereon.

BILLS IN R D C D
TOUE.
Mr. G ALLINGER introduced a bill (S. 5492) granting a
pension to Emily C. Cummings, which was read twice by its
title and referred to the Committee on Pensions.
Mr. PLATT introduced a bill (S. 5493) authorizing the set­
tlement of certain outstanding liabilities of the Government
by the issue of new drafts upon the return of drafts heretofore
issued representing said liabilities, which was read twice by
its title and referred to the Committee on Finance.
He also introduced a bill (S. 5494) granting an increase of
pension to Isaac H. Isaacs, which was read twice by its title
and, with the accompanying papers, referred to the Committee
on Pensions.
Mr. ELK IN S introduced a bill (S. 5495) to promote the safe
transportation in interstate commerce of explosives and other
dangerous articles, and to provide penalties for its violation,
which was read twice by its title and referred to the Com­
mittee on Interstate Commerce.
He also introduced the following bills, which were severally read
twice by their titles and referred to the Committee on I ensions.
A bill (S. 5496) granting a pension to Francis Redmond; and
A bill (S. 5497) granting a pension to Frederick Carel (with
the accompanying papers).
He also introduced a bill (S. 5498) for the relief of the
estate of Charles Ruffner, deceased, which was read twice by
its title and referred to the Committee on Claims.
Mr. BU RROW S introduced a bill (S. 5499) granting an in­
crease of pension to Reuben H. Boyce, which was read twice by
its title and, with the accompanying papers, referred to the
Committee on Pensions.
Mr. SCOTT introduced the following bills, which were sev­
erally read twice by their titles and referred to the Committee
on Claims:
A bill (S. 5500) for the relief of William D. Graham (with
accompanying papers);

;

u

F ebruary 19

A bill (S. 5501) for the relief of the trustees of the Presby­
terian Church at Shepherdstown, W . V a .; and
A bill (S. 5502) for the relief of the Methodist Episcopal
Church South, of Muses Bottom, W . Va.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
Pensions:
A bill (S. 5503) granting an increase of pension to W . A.
Stewart (with accompanying papers); and
A bill (S. 5504) granting an increase of pension to James A.
Brians (with accompanying papers).
Mr. FRYE introduced a bill (S. 5506) granting an increase of
pension to John Murray Murch, which was read twice by its
title and referred to the Committee on Pensions.
Mr. LODGE introduced a bill (S. 5507) to increase the mem­
bership of the Philippine Commission, which was read twice by
i^® title and referred to the Committee on the Philippines.
Mr. K N O X introduced a bill (S. 5508) to establish a system
of postal savings banks, and for other purposes, which was read
twice by its title.
Mr. K N OX. I desire to say, Mr. President, that this is the
postal savings-bank bill favored by officials of the Post-Office
Department, and I present it at their request. I move that
the bill be referred to the Committee on Post-Offices and PostRoads.
The motion was agreed to. '
Mr. K N O X introduced the following bills, which were sever­
ally read twice by their titles and referred to the Committee
on Claims:
A bill (S. 5509) for the relief of Mary A. Graham;
A bill (S. 5510) for the relief of the owners of the tug Juno}
and
A bill (S. 5511) for the relief of the trustees of Christ Evan­
gelical Lutheran Church of Gettysburg, Pa.
He also introduced a bill (S. 5512) granting an increase
of pension to George Jacobs, which was read twice by its title
and referred to the Committee on Pensions.
Mr. PENROSE introduced the following bills, which were
severally read twice by their titles and referred to the Commit­
tee on Pensions:
A bill (S. 5513) granting a pension to Emma A. D avis;
A bill (S. 5514) granting a pension to Lena Roedelsheimer;
and
A bill (S . 5515) granting an increase of pension to William
S. Nail.
Mr. W A R N E R introduced a bill (S. 5516) providing for the
erection of a public building at Independence, Mo., which was
read twice by its title and referred to the Committee on Pub­
lic Buildings and Grounds.
Mr. OVERM AN introduced a bill (S. 5517) granting an in­
crease of pension to Sophronia Roberts, which was read twice
by its title and, with the accompanying paper, referred to the
Committee on Pensions.
Mr. McCREARY introduced the following bills, which were
severally read twice by their titles and referred to the Commit­
tee on Claims:
A bill (S. 5518) for the relief of the trustees of the Baptist
Church of Tateville, K y .; and
A bill (S. 5519) for the relief of Louis Landram.
He also introduced a bill (S. 5520) to authorize the allotment
to J. Morris Cook of his proportionate share in any of the land
of tiie Grande Ronde Reservation, formerly belonging to the
Umpqua tribe of Indians, and for other purposes, which was
read twice by its title and referred to the Committee on In­
dian Affairs.
Mr. BAN K H EAD introduced a bill (S. 5521) for the relief
of the estate of Mrs. Melissa Gathright, deceased, which was
read twice by its title and referred to the Committee on Claims.
He also introduced a bill (S. 5522) for the relief of W . R.
Hall, which was read twice by its title and, with the accompany*
ing paper, referred to the Committee on Claims.
Mr. BOURNE introduced a bill (S. 5523) granting an increase
of pension to Lizzie Kapus, which was read twice by its title
and, with the accompanying papers, referred to the Committee
on Pensions.
He also introduced a bill (S. 5524) granting an increase of
pension to Samuel N. Alford, which was read twice by its title
and, with an accompanying paper, referred to the Committee
on Pensions.
Mr. M ARTIN introduced the following bills, which were sev­
erally read twice by their titles and referred to the Committee f
on Public Buildings and Grounds:
A bill (S . 5525) to erect a custom-house and post-office build­
ing in the city of South- Boston, V a .; and

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1908.

CONGRESSIONAL RECORD— SENATE.

to the national cemetery at Arlington and Fort Myer, which
was read twice by its title and referred to the Committee on
Military Affairs.
Mr. G A L L IN G E R (by request) introduced a bill (S . 5592)
for the establishment of an inebriate asylum in the District of
Columbia, which was read twice by its title and referred to the
Committee on the District o f Columbia.
He also introduced a bill (S . 5593) authorizing certain ex­
tensions to be made in the lines o f the Capital Railway Com­
pany in the District of Columbia, and for other purposes, which
was read twice by its title and referred to the Committee on
the District of Columbia.
Mr. S M IT H introduced a bill (S . 5594) for the establishment
ot a light-house and fog signal at the easterly end of Michigan
island, Apostle Group, westerly end o f Lake Superior, W iscon­
sin which was read twice by its title and referred to the Com­
mittee on Cemmerce.

■ ,e also introduced the following bills, which were severally
H
ead twice by their titles and referred to the Committee on
Pensions:
!?in (S. 5595) granting a pension to Emeline C. Seger;
K H unp
' 5596) granting an increase o f pension to Stephen
5597) granting an increase of pension to Benjamin
^ kiP (S . 5598) granting a pension to Mary A . D aw es;
and
5599) granting a pension to Rose Ann Griffith;
w

granting a pension to Martha M. Allen.
■ .^ A P P introduced the following bills, which were sevivvnonc,lea^ twice by their titles and, with the accompanying
m iff S’ W1 mk were ordered to be printed, referred to the Committee on Indian A ffa irs:
„po. kkl (S . 5601) to provide for the sale of timber on the
w w ega? d c ial and asPhalt lands o f the Choctaw and Chicka<
fnr ^ atl0ns for use in coal and asphalt mining operations, and
101 other purposes;
5G02) t0 authorize the Secretary o f the Interior to
A-a ‘ . allotments in severalty to the Indians o f the Western
w
t> and San Carlos reservations, Arizona, and the Mescaiero Reservation, in New M exico;
A bill (S . 5603) to amend sections 1 and 6 o f an act approved
February 8, 1SS7, entitled “An act to provide for the allotment
ot land in severalty to Indians on the various reservations and
th-G Protection o f the laws o f the United States and
a ■.•nri/ a ' 1r L 07 er tlie Indians, and for other purposes;” and
A bill (b . o604) authorizing the Secretary o f the Interior to
reserve lands on Indian reservations for power and reservoir
sites, and for other purposes.
Mr. du PO N T introduced a bill (S . 5605) granting an in­
crease o f pension to Harriet E. Noble, which was read twice by
its title and referred to the Committee on Pensions.
H e also introduced a bill (S . 5606) to place the name of
Lorenzo Thomas on the retired list of the Arm y, which was read
twice by its title and referred to the Committee on M ilitary A f ­
fairs.
Mr. R IC H A R D S O N introduced a bill (S . 5607) granting a
pension to W illiam Riley, which was read twice by its title and
referred to the Committee on Pensions.
Mr. W E T M O R E introduced a bill (S. 5608) for the relief of
yne heirs o f Edmund J. Terwilliger, which was read twice by
xf le antl referre(i t0 Hie Committee on Claims.
r‘ ^ L D IlIC H introduced the following bills, which were
severally read twice by their titles and referred to the Commit­
tee on Pensions:
Prwf-bl1/ (’- 5(509 ^ granting an increase of pension to George H .
S'
■vettis^ (w ith the accompanying papers) ;
A bill (S. 5610) granting a pension to Cynthia L. A llen ;
A bill (S. 5611) granting an increase of pension to John Mc­
Laughlin (with the accompanying papers) ; and
A bill (g . 5612) granting an increase o f pension to Constantum G. W . Bischoff (w ith the accompanying papers).
H e also introduced a bill (S. 5613) granting an honorable
discharge to Matthew Logan, which was read twice by its title
and, with the accompanying papers, referred to the Committee
on Military Affairs.
H e also introduced a bill (S . 5614) for the relief of Ida Rus­
sell Bartlett and Eleanor Bartlett, children o f the late RearAdmiral John Russell Bartlett, United States Navy, which was
read twice by its title and referred to the Committee on Naval
Affairs.
Mr. P IL E S introduced a bill (S. 5615) granting an increase
of pension to Joseph R. Thomas, which was read twice by its
/

1




title and, with the accompanying papers, referred to the Com­
mittee on Pensions.
Mr. H A L E introduced the following bills, which were sever­
ally read twice by their titles and referred to the Committee on
N aval A ffa ir s:
A bill (S . 5616) to amend section 3744 of the Revised Stat­
u tes; and
A bill (S . 5617) authorizing the Secretary of the Navy to ac­
cept and care for gifts presented to vessels o f the N avy o f the
United States.
H e also introduced a bill (S . 5618) for the relief o f Edwin
O. Sargent, which was read twice by its title and referred to the
Committee on Military Affairs.
Mr. G A M B LE introduced a bill (S. 5619) granting an in­
crease o f pension to Edgar M. Quick, which was read twice by
its title and referred to the Committee on Pensions.
Mr. JO H N STO N introduced a bill (S . 5620) to authorize the
issuance o f a patent to the assignee o f W arner Bailey, for land
located in Choctaw County, State o f Alabama, which was read
twice by its title and referred to the Committee on Public
Lands.
Mr. M cC R E A R Y introduced a bill (S . 5621) granting a pen­
sion to W illiam H . Finley, which was read twice by its title
and, with the accompanying papers, referred to the Committee
on Pensions.
H e also introduced a bill (S. 5622) for the relief o f John R.
Martin, which w as read twice by its title and referred to the
Committee on Claims.
He also (by request) introduced a bill (S . 5623) to approve
the verdict o f the second jury summoned to condemn land for
the extension o f Nineteenth street from Belmont road to B iltmore street, in the District of Columbia, with a uniform width
o f 50 feet, and for other purposes, which was read twice by its
title and referred to the Committee on the District o f Columbia.
Mr. C L A Y introduced the following bills, which were sever­
ally read twice by their titles and referred to the Committee
on C laim s:
A bill (S . 5624) for the relief of heirs of Gunther Peters,
deceased;
A bill (g . 5625) for the relief o f W . T. Strickland, adminis­
trator o f John M. Strickland;
A bill (S . 5626) for the relief o f W . T. Godwin;
A bill (S . 5627) for the relief o f the legal representatives of
Henry S. C astellaw ;
A bill (S . 5628) for the relief o f the legal representatives of
E. H . Abercrombie;
A bill (S. 5629) for the relief o f the heirs o f S. H . H ill, de­
ceased ;
A bill (S . 5630) for the relief of Sidney T. Dupuy and George
R. D upuy;
A bill (S . 5631) for the relief o f the legal representatives of
Anderson Abercrombie, deceased;
A bill (S . 5632) for the relief of Jesse J. B u ll;
A bill (S . 5633) for the relief o f the legal representatives of
T . L. W alker, deceased;
A bill (S . 5634) for the relief o f the legal representatives of
W . L. Gordon, deceased;
A bill (S . 5635) for the relief of the legal representatives of
F. M. T . Brannan;
A bill (S . 5636) for the relief o f the legal representatives of
Edward H aile, deceased;
A bill (S . 5637) for the relief of H . T. Cunningham; and
A bill (S . 5638) for the relief o f the estate of E lijah Lump­
kin, deceased.
Mr. W A R N E R introduced a bill (S . 5639) to amend an act
entitled “ An act to authorize the construction of a bridge
across the Missouri River at a point to be selected within five
miles north of the K aw River, in W yandotte County, State of
Kansas, and Clay County, State of Missouri, and to make the
same a post route,” approved December 17, 1902, which was
read twice by its title and referred to the Committee on Com­
merce.
H e also introduced the following bills, which were severallv
read twice by their titles and referred to the Committee" oil
Pensions:
^
r A bill (S . 5640) granting an increase o f pension to Marion
IV A L 1lbu
J tli
Ferguson;
A bill (S . 5642) granting an increase o f pension to Christ)
pher S. A lv o rd ; and
^ UMI
A bill (S 5643) granting an increase of pension to Phoet
A . Kent (with accompanying papers)
Mr. M cC U M B E R introduced a bill (S . 5644) granting an h




2366

CONGRESSIONAL RECORD— SENATE.

crease of pension to Seymour Camp, which was read twice by
its title and, with the accompanying paper, referred to the Com­
mittee on Pensions.
Mr. CLAPP introduced a bill (S. 5645) granting an increase
of pension to James Gorman, which was read twice by its title
and. with the accompanying papers, referred to the Committee
on Pensions.
Mr. H E M E N W A Y introduced a bill (S. 5646) granting an in­
crease of pension to William Smith, which was read twice by
its title and referred to the Committee on Pensions.
Mr. CARTER introduced a bill (S. 5647) for the relief of
Andrew B. Cook, assignee, which was read twice by its title
and referred to the Committee on Claims.
He also introduced a bill (S. 5648) to establish the Gla­
cier National Park west of the summit of the Rocky Moun­
tains and south of the international boundary line in Montana,
and for other purposes, which was read twice by its title and
referred to the Committee on Public Lands.
Mr. TILLM AN introduced a bill (S. 5649) for the relief of
George W . Newman, which was read twice by its title and re­
ferred to the Committee on Claims.
Mr. H E M E N W A Y introduced a bill (S. 5650) making appro­
priation to pay to the legal representatives of the estate of
Samuel Lee, deceased, to wit, Samuel Lee, Anna Lee Andrews,
Clarence Lee, Robert Lee, Harry A. Lee, and Phillip Lee, heirs
at law, in full for any claim for pay and allowances made by
reason of the election of said Lee to the Forty-seventh Congress
and his services therein, which was read twice by its title and
referred to the Committee on Claims.
Mr. M cLALRIN introduced the following bills, which were
severally read twice by their titles and referred to the Commit­
tee on Claims:
A bill (S. 5651) to carry into effect the findings of the Court
of Claims in the matter of the claim of the estate of Sarah G.
Clark, deceased;
A bill (S. 5652) for the relief of the estate of Samuel D.
Kelley; and
A bill (S. 5653) for the relief of the estate of R. A. Myrick.
Mr. SM ITH introduced a joint resolution (S. R. 59) directing
an examination of Pigeon River at Port Sheldon, Mich., which
was read twice by its title and referred to the Committee on
Commerce.

' F ebruary 24,

number, but that it shall take the place of the resolution al­
ready adopted, the number being the same, the simple differ­
ence being in the addition of the other publications.
The resolution was read, considered by unanimous consent,
and agreed to, as follows:
Resolved, That there be printed for the use of the Senate, and he de­
livered to the Senate document room, 3,000 copies of a pamphlet issued
I?/ the Department of Commerce and Labor and entitled “ Cotton-seed I
Products in Foreign Countries,” and that the Secretary of Commerce
and Labor be instructed to assemble and include in the publication re- 1
ports from special agents and consular officers received since the said
pamphlet was issued.

ESTA O JOSEPH H. G LLA ER
TE F
A H .
Mr. ALLISON. I ask unanimous consent that the Senate ■
!
consider at this time the bill (H . R. 6515) for the relief of
J. A. Gallaher, administrator of the estate of Joseph H. Gallaher, deceased. It is a bill I reported on Saturday from the
Committee on Finance.
The Secretary read the bill, and, there being no objection,
the Senate, as in Committee of the Whole, proceeded to its
consideration. It directs the Secretary of the Treasury to re­
deem, in favor of J. A. Gallaher, administrator of the estate of
Joseph H. Gallaher, deceased, United States coupon 5-20 bonds,
act of March 3, 1865, consols of 1865, Nos. 22421, 22422, 61411,
61412, 61413, 61414, 61415, 61416, 61417, 137836, 137837, 137838,
209608, each of the denomination of $1,000, with interest from 1
January 1, 1872, to date of maturity of the respective calls in
which the bonds were included, the bonds and interest coupons
alleged to have been lost or destroyed. But J. A. Gallaher, ad­
ministrator, shall first file in the Treasury a bond in the penal
sum of double the amount of the principal of the bonds and
accrued interest thereon to the date of their maturity, with
good and sufficient sureties to be approved by the Secretary of
the Treasury, with conditions to indemnify and save harmless
the United States from any claim because of the lost or de­
stroyed bonds hereinbefore described and the interest thereon.
The bill was reported to the Senate without amendment, or­
dered to a third reading, read the third time, and passed.

D V N C EM A CO PANY, O B LTIM R M .
A ISO H IC L M
F A
O E, D

Mr. GALLINGER obtained the floor.
Mr. RAYNER. I rose to ask unanimous consent for the pas­
sage of Senate bill 4632, a bill similar to one which was favor­
ably reported in the House at the last Congress.
AM
ENDM
ENTS T LEG TIV E C A O IA N B
O
ISLA E, T ., PPR PR TIO ILL.
Mr. GALLINGER. I ask the Senator from Maryland if the
Mr. LODGE submitted an amendment providing for the ap­ bill will give rise to any debate?
pointment of an administrative assistant in the Department
Mr. RAYNER. None at all.
of Justice, to be appointed by the Attorney-General, at a salary
Mr. GALLINGER. W ith the understanding that the bill
of $4,500, etc., intended to be proposed by him to the legislative,
will not give rise to any debate and with a notice that I shall
etc., appropriation bill, which was referred to the Committee
object to any further agreement to consider bills this morning,
on Appropriations and ordered to be printed.
I yield to the Senator with pleasure.
Mr. TELLER submitted an amendment proposing to increase
Mr. RAYNER. When the bill was reached on the Calendar
the salary of the chief law clerk, General Land Office, from it was passed over on the ground that there was no report filed.
$2,500 to $3,000, etc., intended to be proposed by him to the I desire to file the report of the committee. The Department
legislative, etc., appropriation bill, which was referred to the has decided in favor of it. I also desire an amendment made
Committee on Appropriations and ordered to be printed.
to the bill. There is an error on the face of the bill that I want
to have corrected.
amendment of national banking laws.
The VICE-PRESIDENT. The bill will be read for the in­
Mr. SMOOT submitted an amendment intended to be pro­
posed by him to the bill (S. 3023) to amend the national bank­ formation of the Senate.
The Secretary read the bill (S. 4632) for the relief of the
ing laws, which was ordered to lie on the table and be printed.
Mr. O W EN submitted an amendment intended to be proposed, Davison Chemical Company, of Baltimore, Md., and there being
by him to the bill (S. 3023) to amend the national banking no objection, the Senate, as in Committee of the Whole pro­
ceeded to its consideration.
laws, which was ordered to lie on the table and be printed.
V
The VICE-PRESIDENT. The Senator from Maryland pro­
AM
ENDM
ENT T OM
O
NIBUS C IM BILL.
LA S
poses an amendment, which will be stated.
The Secretary read the amendment, which was in line 6 be­
Mr. JOHNSTON submitted an amendment intended to be pro­
posed by him to House bill 15372, known as the “ omnibus' fore the word “ thousand,” to strike out “ tw enty” and in sert
thirteen,” so as to make the bill read:
claims bill,” which was referred to the Committee on Claims
Be it enacted, etc., That the Secretary of the Treasury he and he is
and ordered to be printed.

C T O -SE D PR D C S IN FO E N C U TR
OT N E
OUT
R IG O N IES.
Mr. BACON. Mr. President, on the 14th instant, on my mo­
tion, the Senate adopted a resolution ordering the printing of
3.000 copies of a pamphlet entitled “ Cotton-seed Products of
Foreign Countries.” Since the resolution was adopted it has
developed that there should be added to it some other publica­
tions, and for that reason the order of the Senate has not been
carried out and the printing lias not been done. At the in­
stance of the Department of Commerce and Labor, and also of
parties who are interested in cotton-seed products, it is desired
that there should be added reports of special agents and con­
sular officers relative to the subject received since the pamphlet
was originally issued.
I send to the desk a resolution which I ask may be consid­
ered and adopted, not with a view of authorizing an additional

hereby authorized and directed to pay, out of anv money in th ^ T r e a s -

Dav,son Chemical Company of
io thesuinhiirle acid ffiant owned* ht, p:lJ' ? ent for damages sustained
Hawkins P o t a t m S J i u K , V ™
son o M h ? t a S T H h ^ h ™ ^ nl
at Fort Armistead, Md., in April, 1903 said
t L

i ^ o i 1w
r a a
sion Fifty-eighth Congress.

' n s i 'document No.
is u s s

Go9, second ses-

The amendment was agreed to.
Ihe bill Mas ropoited to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
Mr. RAYNER. On behalf of the Senator from Minnesota
[Mr. C lapp ] I desire to file an additional report. It ought to
have been presented in the first instance.
Mr. KEAN, Let the reports be printed in the R ecord.

1908.

CONGRESSIONAL RECORD— SENATE.

2421

for the improvement o f the national harbor o f refuge a t Point Hans., praying for the passage o f the so-called “ Sherwood bill ”
Judith, Rhode Island, which w as referred to the Committee on granting more liberal rates o f pensions, which was referred to
Commerce.
the Committee on Pensions.
H e also presented a memorial o f sundry retail merchants of
H e also presented a petition o f the principal chief and mem­
Mount Pleasant, Tenn., remonstrating against the passage o f the bers o f the Creek tribe o f Indians o f Oklahoma, praying for the
so-called “ parcels-post bill,” which was referred to the Com­ adoption o f certain amendments to Senate bill 4482, providing
mittee on Post-Offices and Post-Roads.
for the final disposition o f the affairs of the Five Civilized
l i e also presented a petition o f the Farm ers’ Educational and Tribes in the Indian Territory, which was referred to the Com­
Protective Association o f H aywood County, Tenn., praying for mittee on Indian Affairs.
the passage o f the so-called “ parcels-post bill,” which was re­
H e also presented a petition o f sundry surviving members o f
ferred to the Committee on Post-Offices and Post-Roads.
the K ansas State Militia, o f Burlington, Iowa, praying for the
He also presented petitions o f Local Unions Nos. 89, 20, 24, enactment o f legislation granting pensions to soldiers and sailors
44, and 11, o f Chattanooga, Nashville, Jackson, Rome, and who served in the m ilitary or naval forces o f the United States,
Memphis, all o f the International Typographical Union, in the their widows, minor children, and dependent parents, and also
State o f Tennessee, praying for the repeal of the duty on white granting pensions to certain enlisted men, soldiers and officers,
paper, wood pulp, and the materials used in the manufacture who served in the civil war and the war with Mexico, which
thereof, which were referred to the Committee on Finance.
was referred to the Committee on Pensions.
Mr. W E T M O R E presented a petition o f the town council of
H e also presented a petition of the congregation o f the First
New Shoreham, R . I., praying for the enactment o f legislation Baptist Church o f Emporia, Kans., praying for the enactment
to promote the efficiency o f the Life-Saving Service, which was o f legislation to prohibit the sale and importation o f opium into
referred to the Committee on Commerce.
the United States and its insular possessions, which was re­
Mr. B R A N D E G E E presented a petition o f Company B, First ferred to the Committee on Finance.
Infantry, Connecticut National Guard, of H artford, Conn., and
Mr. S T E P H E N SO N presented memorials o f sundry members
a petition of Company H , Second Infantry, Connecticut National of Grand Arm y posts o f Appleton, Marshfield, Sturgeon Bay,
Guard, o f Middletown, Conn., praying for the enactment of South Milwaukee, Manston, Chilton, Milwaukee, Merrill, Su­
legislation to promote the efficiency of the militia, which were perior, La Crosse, and Keshena, all in the State o f Wisconsin,
referred to the Committee on M ilitary Affairs.
remonstrating against the enactment of legislation to abolish
H e also presented a memorial o f the Connecticut State Busi­ certain pension agencies throughout the country, which were
ness Men’s Association, remonstrating against the passage o f referred to the Committee on Pensions.
the so-called “ parcels-post bill,” which was referred to the
M r. C LAPP (fo r Mr. Beveridge) presented a petition o f the
Committee on Post-Offices and Post-Roads.
Board o f Trade o f Indianapolis, Ind., praying for the passage
H e also presented a petition of Local Union No. 100, National o f the so-called “ Dick-Capron bill,” providing increased pay
Typographical Union, o f Norwich, Conn., praying for the repeal for officers and enlisted men of the Arm y and N avy, which was
of the duty on white paper, wood pulp, and the materials used referred to the Committee on N aval Affairs.
in the manufacture thereof, which was referred to the Com­
H e also (fo r Mr. B evebidge) presented a petition of the con­
mittee on Finance.
gregation o f the Grace Methodist Episcopal Church, of H art­
H e also presented a memorial o f sundry citizens o f Bridgeport, ford City, Ind., praying for the enactment of legislation to pro­
Conn., remonstrating against the adoption o f that part o f the hibit the interstate transportation o f intoxicating liquors in
so-called “ Crumpaeker census bill ” which provides for the prohibition districts, which was referred to the Committee on
selection of extra clerks, without competitive examination, for the Judiciary.
the taking of the Thirteenth Census, which was referred to the
H e also (for Mr. B everidge) presented a petition of sundry
Committee on the Census.
citizens of Floyd County, Ind., praying for the enactment of
Mr. D E P E W presented a petition o f Local Union No. 330, legislation to regulate the interstate transportation o f intoxicat­
International Typographical Union, of Oneida, N. Y., praying ing liquors, which was referred to the Committee on the Judi­
for the repeal o f the duty on white paper, wood pulp, and the ciary.
materials used in the manufacture thereof, which was referred
H e also (for Mr. B everidge) presented a petition o f sundry
to the Committee on Finance.
citizens of Tell City, Ind., praying for the passage o f the soH e also presented a memorial of St. Matthew’s Maenner- called “ parcels-post bill,” which was referred to the Commit­
chor, o f Albany, N. Y., remonstrating against the enactment of tee on Post-Offices and Post-Roads.
legislation to regulate the interstate transportation of intoxi­
H e also (for Mr. B evebidge) presented a memorial o f Post F,
cating liquors in prohibition districts, which was referred to Travelers’ Protective Association, o f Logansport, Ind., remon­
the Committee on the Judiciary.
strating against the passage of the so-called “ parcels-post bill,”
H e also presented a memorial o f sundry citizens o f New York which was referred to the Committee on Post-Offices and PostCity, N. Y., remonstrating against the enactment of legislation Roads.
to prohibit Sunday banking in post-offices in the handling of
H e also (for Mr. B everidge) presented a memorial o f the con­
money orders and registered letters, which was referred to the gregation of the Friends’ Church of Bloomingdale, Ind., remon­
Committee on Post-Offices and Post-Roads.
strating against any further appropriation being made for the
Mr. B U R K E T T presented a'memorial o f the Commercial Club construction of battle ships, which was referred to the Com­
of Bridgeport, Nebr., remonstrating against the passage of the mittee on N aval Affairs.
so-called “Aldrich currency bill,” which was referred to the
H e also (for Mr. Beveridge) presented a petition o f the In­
Committee on Finance.
diana State Live Stock Breeders’ Association, praying for the
H e also presented a petition o f the Western Fruit Jobbers’ ratification o f such international treaties as will provide a
Association, o f Omaha, Nebr., praying for the adoption of cer­ broader foreign market for agricultural and live stock products,
tain amendments to the present interstate commerce law, which which was referred to the Committee on Foreign Relations.
was referred to the Committee on Interstate Commerce.
H e also (for Mr. Bevebidge) presented a petition of members
He also presented a petition of the Missouri Itiver Navigation of Post No. 152, Department o f Indiana, Grand Arm y of the R e­
Congress, o f Sioux City, Iowa, praying that an appropriation public, of Gannelton, Ind., praying for the passage of the sobe made for the improvement of the waterways of the coun­ called “ Sherwood bill,” granting more liberal rates of pensions,
which was referred to the Committee on Pensions.
try, which was referred to the Committee on Commerce.
Mr. PEN R O SE presented sundry papers to accompany the
H e also (for Mr. B everidge ) presented a petition o f the Com­
bill (S. 5392) granting an increase o f pension to W illiam C. mercial Club of Richmond, Ind., and a petition o f the National
Webber, which were referred to the Committee on Pensions.
Grange, Patrons o f Husbandry, o f Indiana, praying for the en­
Mr. SIMMONS presented petitions o f sundry citizens o f W el­ actment o f legislation providing for the creation o f a tariff
don and Ayden, in the State of North Carolina, praying for the commission, which were referred to the Committee on Finance.
enactment of legislation to regulate the interstate transporta­
H e also (for Mr. B everidge) presented petitions of Local
tion of intoxicating liquors, which were referred to the Commit­ Unions Nos. 395, 128, 286, 488, and 11, of Vincennes, South Bend,
tee on the Judiciary.
Marion', Princeton, and Indianapolis, all of the International
Mr. C U R TIS presented a petition of sundry citizens of Le Typographical Union, in the State of Indiana, praying for the reRoy, Kans,, praying for the enactment of legislation to prohibit peal of the duty on white paper, wood pulp, and the materials
the manufacture and sale o f intoxicating liquors in the D is­ used in the manufacture thereof, which were referred to the
trict of Columbia, which was referred to the Committee on the Committee on Finance.
District of Columbia.
He also (for Mr. B everidge) presented a petition of the In­
He also presented a petition of sundry citizens of Chapman, diana Branch of the National Rivers and Harbors Congress, of




— ..... ..—
-----

2422




CONGRESSIONAL RECORD— SENATE.

Indianapolis, Ind., praying that annual appropriations be made
for the improvement of the rivers and harbors of the country,
which was referred to the Committee on Commerce,

R P R S O C M ITTEES.
EOT F O M
Mr. M ARTIN, from the Committee on Commerce, to whom
was referred the bill (S. 5367) to amend an act entitled “An
act to authorize the Fayette Bridge Company to construct a
bridge over the Monongahela River, Pennsylvania, from a point
in the borough of Brownsville, Fayette County, to a point in the
borough of West Brownsville, Washington County,” approved
April 23, 1906, reported it with an amendment and submitted a
report thereon.
Mr. JOHNSTON, from the Committee on Indian Affairs, to
whom was referred the bill (S. 5212) to authorize the Secretary
of the Interior to convey by fee-simple patent certain lands in the
Otoe and Missouria Reservation, Okla., to the Society of Friends,
reported it without amendment and submitted a report thereon.
Mr. DOLLIYER, from the Committee on Education and Labor,
to whom was referred the bill (S. 4812) to regulate the em­
ployment of child labor in the District of Columbia, reported it
without amendment and submitted a report thereon.
Mr. K N O X, from the Committee on the Judiciary, to whom
was referred the bill (S. 4535) to amend section 714 of the Re­
vised Statutes of the United States relating to the resignation
of judges of the courts of the United States, reported it without
amendment.

BILLS IN R D C D
TOUE.

F

ebk tjak y

which was read twice by its title and, with the accompanying
papers, referred to the Committee on the Library.
He also introduced a bill (S. 5671) granting an increase of
pension to Samuel E. Bernard, which was read twice by its
title and referred to the Committee on Pensions.
Mr. TALIAFERRO introduced a bill (S. 5672) granting an
increase of pension to Josiah B. Law, which was read twice
by its title and, with the accompanying papers, referred to the
Committee on Pensions.
Mr. TAYLOR introduced a bill (S . 5673) granting an in­
crease of pension to James M. Kerchevai, which was read twice
by its title and referred to the Committee on Pensions.
, He also introduced a bill (S. 5674) to erect an addition to
the post-office and court-house building in the city of Jackson,
State of Tennessee, which was read twice by its title and re­
ferred to the Committee on Public Buildings and Grounds.
lie also introduced a bill (S. 5675) to provide for tbe ap­
pointment of an additional district judge in and for the middle
and eastern districts of Tennessee, which was read twice by
its title and referred to the Committee on the Judiciary.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
Claims:
A bill (S. 5676) for the relief of the heirs or legal repre­
sentatives of the estate of James T. McKissack (with the ac­
companying p a p er); and
A bill (S. 5677) for the relief of the heirs or legal repre­
sentatives of the estate of James T. McKissack.
Mr. O W EN introduced a bill (S. 5678) to prohibit stock
gambling, and for other purposes, which was read twice by
0
Vjfs title and referred to the Committee on Finance.
Mr. CULBERSON introduced a bill (S. 5679) for the relief
of the estate of Thomas W . Abney, which was read twice by
its title and referred to the Committee on Claims.
Mr. du PONT introduced a bill (S. 5680) granting a pension
to William H . Christy, which was read twice by its title and
referred to the Committee on Pensions.
Mr. SIMMONS introduced a bill (S. 56S1) granting an ancrcase of pension to John House, which was read twdce by its
title and, with the accompanying paper, referred to the Com­
mittee on Pensions.
He also introduced a bill (S. 56S2) to carry out the findings
of the Court of Claims in favor of Harriet Andrews, which
was read twice by its title and, with the accompanying papers,
referred to the Committee on Claims.
Mr. CURTIS introduced the following bills, which were sev- 1
erally read twice by their titles and referred to the Committee i
on Pensions:
A bill (S. 5683) granting an increase of pension to Thomas A . 1
Sknvan;
A bill (S. 5684) granting an increase of pension to Henry
Arnold, sr.;

Mr. GUGGENHEIM introduced a bill (S. 5654) granting an
increase of pension to Charles Hinman, which was read twice
by its title and referred to the Committee on Pensions.
Mr. PAYNTER introduced a bill (S. 5655) for the relief of
Hettermann Brothers Company, which was read twice by its
title and referred to the Committee on Claims.
*"Mr. W ETM O RE introduced the following bills, which were
severally read twice by their titles and referred to the Commit­
tee on Public Buildings and Grounds:
A bill (S. 5656) for the enlargement and extension of the
post-office building at Pawtucket, R. I .; and
A bill (S. 5657) to provide for the purchase of a site and the
erection of a building thereon at Westerly, R. I.
Mr. FR AZIER introduced the following bills, which were
severally read twice by their titles and referred to the Com­
mittee on Claims:
A bill (S. 5658) for the relief of the heirs or the legal repre­
sentatives of the estate of Reese B. Brabson, deceased;
A bill (S. 5659) for the relief of the estate of William
Crutchfield (with an accompanying paper);
A bill (S. 5660) for the relief of the estate of Mary A. Hender­
son, deceased; and
A bill (S. 5661) for the relief of the county of Bradley, State
of Tennessee.
Mr. W H Y T E introduced the following bills, which were severerally read twice by their titles and referred to the Committee
on Pensions:
A bill (S. 5662) granting an increase of pension to Eli
Strimel; and
A bill (S. 5663) granting a pension to Mary R. Torbert, Ellen
M. It. Wilmer, and Florence Z. Wilmer.
Mr. F R YE introduced a bill (S. 5664) to increase tbe effi­
ciency of the personnel of the Life-Saving Service of the United
States, which was read twice by its title and referred to the
Committee on Commerce.
Mr. CULLOM introduced a bill (S. 5665) for the purchase of
land for the use of the military post at Fort Sheridan, Ilk,
which was read twice by its title and, with the accompanying
papers, referred to the Committee on Military Affairs.
He also introduced a bill (S. 5666) granting an increase of
pension to Barlow A. McCoy, which was read twice by its title
and referred to the Committee on Pensions.
Mr. PLATT introduced the following bills, which were sev­
erally read twice by their titles and referred to the Committee
on Military Affairs:
A bill (S. 5667) authorizing the appointment of Lieut. Col.
Ira Quinby, United States Army, retired, on the retired list of
the Army, with the rank of brigadier-general;
A bill (S. 5668) authorizing the appointment of Maj. J. F.
Munson, United States Army, retired, to the rank and grade of
brigadier-general on the retired list of the A rm y; and
A bill (S. 5669) authorizing the appointment of Lieut. Col.
E. A. Edwards, United States Army, retired, to the rank and
grade of brigadier-general on the retired list of the Army.
Mr. GALLINGER introduced a bill (S. 5670) for tbe erec­
tion of a monument to the memory of Gen. John I. Sullivan,

“ umi
a
5685) granting a pension to Emma S. Schletzbaum;
A bill (S. 5686) granting an increase of pension to H. H.
Frampton; and
A bill ( s . 5687) granting an increase of pension to Josephine
K. Woodson (with accompanying papers).
Mr. BU RKETT introduced the following bills, which were
severally read twice by their titles and referred to the Com­
mittee on Pensions:
A bill (S. 5688) granting a pension to Jennie G. Odell;
A bill (S. 5689) granting a pension to Tabitha C. Hauser;
A bill (S. 5690) granting an increase of pension to Thomas S.
Wineteer;
A bill (S. 5091) granting an increase of pension to John W .
Smith;
A bill (S. 5692) granting an increase of pension to Milton I.
Woodard; and
A bill (S. 5693) granting an increase of pension to Thornton
S. Crosley (with accompanying papers).
Mr. PENROSE introduced a bill (S. 5094) to provide for the
lading or unlading of vessels at night, to facilitate the entry of
vessels, and for other purposes, which was read twice by its
title and referred to the Committee on Finance.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
Pensions:
A bill (S. 5695) granting an increase of pension to David
Price; and
A bill (S. 5096) granting a pension to Sarah E. Burns.
Mr. CLAPP (for Mr. B everidge) introduced the following
bills, which were severally read twice by their titles and re­
ferred to the Committee on Pensions:
A bill (S. 5697) grauting an increase of pension to George W .
W ood;

1908.

CONGRESSIONAL RECORD— SENATE.

The V IC E -P R E S ID E N T . Is there objection to the request
made by the Senator from Minnesota?
Mr. B A IL E Y . W h a t is the request?
The V IC E -P R E S ID E N T . The request is that the unanimousconsent agreement be rescinded. Is there objection?
Mr, T IL L M A N . Mr. President, as I understand, the unani­
mous-consent agreement was that the bill be read for the pur­
pose o f adopting the committee amendments. Now the Senator
withdraws that request.
The V IC E -P R E S ID E N T . The request was that the formal
reading of the bill be dispensed with, that the bill be read for
amendment, and that the committee amendments be first con­
sidered. Now the Senator from Minnesota asks unanimous con­
sent that that unanimous-consent agreement be set aside.
, Mr. CLAPP . Mr. President, that must be understood as be­
ing in accordance with the request o f the Senator from Col­
orado [Mr. TeiL er].
The V IC E -P R E S ID E N T .
Is there objection?
The Chair
hears none. The Secretary will proceed with the formal read­
ing o f the bill.
Mr. T E L L E R . Mr. President, let the reading o f the bill be
commenced at the beginning.
The V IC E -P R E S ID E N T . Thg Chair will call the attention
of the Senate to the fact that during the reading under the
unanimous-consent agreement a number o f amendments were
agreed to.
Mr. CLAPP.- Mr. President, I move that the Senate recon+ U + +Hie
>(
by which those amendments were agreed to, so
rgu ki® kill may be placed de novo before the Senate.
„ 1 ke V IC E -P R E S ID E N T . W ithout objection, it is so ordered,
i n e Secretary will proceed with the reading.
The Secretary proceeded to read the bill and read to the end
of line 9 on page 13.
^ A P P . Mr. President, I suggest the want o f a quorum.
I he P R E S ID IN G O F F IC E R (M r. Carter in the ch air). The
absence o f a quorum being suggested, the Secretary will call
the roll.
Mr. CLAPP. Mr. President, the intense zeal lately mani­
fested to hear the reading o f this bill leads me to make this
suggestion, in view o f the vacant seats on both sides o f the
Chamber.
rollhe P R E S ID IN G

O F F IC E R .

The Secretary will call the

n am es;
Aldrich
Allison
Ankeny
Bacon
Bailey
BorahBourne
Brandegee
Bulkeley
Burkett
Burnham
Clapp
Clay

Cullora
C u rtis
D a n ie l
D epew
D ick
D ix o n
D o lliv e r
F lin t
F o rak er
F o ste r
F ra zier
Frye
G am b le

G u ggen h eim
H a le
H ey b u rn
H o p k in s
K nox
Long
M cC re a ry
M c B n e ry
M c L a u rin
M a rtin
O verm an
P e rk in s
R ayner

S c o tt

S m ith
Step h en son
S u th erla n d
T a lia fe r r o
T a y lo r
T e lle r
T illm a n
W arn er
W h y te

Mr. CLAPP. I desire to state that the
Wisconsin [Mr.
illness.
The P R E S ID IN G O F F IC E R (M r. M artin in the chair),
f orty-nine Senators have answered to the roll call. A quorum
is present. The Secretary will resume the reading o f the bill,
i h e Secretary resumed and concluded the reading of the bill.
Mr. CLAPP, i ask that we now proceed to read the bill for
action on the amendments.
..

T IL L M A N -

There are only ten minutes left o f the morn-

\f?°Sr^T J 4 ! ? nk lt would be better t0 ]«y tbe bill aside,
ond Y+
l
,? * 1 suSgest that we have only ten minutes left
am en dm en ts*"^ WOrth wblIe to commence reading the bill for
cmrmn S P ? :

? he Senator from Oklahoma [Mr. O w e n ] is to
If
anytbing else t0 offer> 1 would be glad to lay it

YnYnnn h2 ,° cloc]L\ MY 01ll.V object was to use the interim.

aside ° ^

Thallr , P ? B1
SID IN G O F F IC E R (M r. B randegee in the chair),
-lne < inur lays before the Senate s u n d r y bills from the House
01 Representatives for reference.
HOUSE BILLS REFERRED.

The following bills were severally read twice by their titles
Yt p l m
b)
Committee on the District of C olum bia:
An act authorizing the extension of Oak street
t

Jk -l -*767. An act to provide for the extension of Kenyon
leet trom Seventeenth street to Mount Pleasant street, and




2427

for the extension o f Seventeenth street from Kenyon street to
Irving street, in the District o f Columbia, and for other pur­
poses ;
H . R. 117761 A n act for the opening o f Jefferson and F ifth
streets N W -, District o f Colum bia;
H . R. 12678. An act for the widening o f Twentieth street N W .,
D istrict o f Colum bia; and
H . R. 14772. A n act prescribing what shall constitute a legal
cord o f wood in the D istrict of Columbia.
H . R. 13077. An act to authorize the Secretary o f W a r to fu r­
nish four condemned brass cannon and cannon balls to the Con­
federate Monument Association at Franklin, Tenn., was read
twice by its title and referred to the Committee on M ilitary A f ­
fairs.
H , R. 16621. An act to extend the time for the construction
o f a dam across Savannah River at Cherokee Shoals was read
twice by its title and referred to the Committee on Commerce.

AM
ENDM
ENT O NATIONAL BANKING LAW
F
S.
Mr. CLAPP. The Senator from Oklahoma [M r. O w e n ] ad­
vises me that he is ready to proceed. In view of that, I ask
that the Indian appropriation bill be temporarily laid aside.
The P R E S ID IN G O F F IC E R . The Senator from Minnesota
asks that the Indian appropriation bill be temporarily laid
aside. W ithout objection, it is so ordered.
Mr. A L D R IC H . I ask that Senate bill 3023 be laid before
the Senate.
There being no objection, the Senate, as in Committee o f the
W hole, resumed the consideration of the bill (S . 3023) to amend
the national banking laws.
Mr. O W E N . Mr. President, in commenting on the financial
bill, and in suggesting improvements in it, I do so with hesi­
tancy and diffidence. I feel, however, that the long experience
I have had in such matters justifies me in the hope that my
comments upon this measure may not prove to be without some
service to the Senate in a proper determination o f this exceed- '
ingly important question.
In discussing this matter, Mr. President, it should always be
kept in mind that it is not the welfare o f the bank or of the
depositor, however desirable these questions are in fact, that
•should be considered, but the real question to be considered is—
The prevention o f panic.
The protection and promotion o f our national commerce.
The firm establishment of stability in business affairs.
The maintenance in active operation o f the productive energies
o f the Nation.
Panic is like a stampede in a theater at the cry o f “ fire.” The l
remedy is, first, a fire-proof building; second, abundant avenues
pf escape, wide open.
Mr. President, I am in favor o f a bond-secured emergency
currency under an interest charge high enough to compel auto­
matic contraction of such issue, and favor this principle in the
measure reported by the committee.
I have listened with great interest to the explanatory com­
ments o f the chairman of the Committee on Finance in rela­
tion to the Senate bill 3023, as reported, and have studied with
care and interest the bill which has been so submitted to the
Senate by that committee.
There has been no subject o f greater importance before Con­
gress in years.
__
It is impossible to exaggerate the evil consequences to the
commerce and industries o f the United States by the four great
panics we have had since the war— the panic o f 1873, the panic
o f 1884, the panic of 1893, and the panic of 1907— and the vari­
ous smaller financial disturbances of the same character, but
not o f the same violence, which have occurred from time to
time.
FOUR STROKES OF NATIONAL COMMERCIAL PARALYSIS.

The disastrous effects o f the panic of 1893 lasted for five
distinct years.
; These great financial disturbances not only ruin hundreds
o f thousands o f individuals and destroy their financial and
commercial life individually, hut they exercise a wonderful re­
pressing power on enterprises and make men unwilling to
: engage in enterprises of any kind because o f the terrific history
that can not be forgotten, where thousands o f honest indus­
trious, prudent, and enterprising men have been ruined through
no fault of their own.
There can be no greater evil to a land than the discourage­
ment of individual enterprises extending wholesale throughout
its boundaries. There can be no greater evil to a commercial
nation than the paralysis of the productive energies of its indi­
vidual members.
I am told that now in Pennsylvania one-half o f the industries
of that great State are silent and unemployed, losing millions

2428

CONGRESSIONAL RECORD— SENATE.

F ebruary 25,

of dollars that ought otherwise to be made, and which would portance, I shall nevertheless feel impelled to give my vote
be made except for the paralysis that has fallen upon that to the bill as drawn by tbe Finance Committee, except its rail­
State, and other States in the Union are affected in like road-bond feature, if the Senate rejects the suggestions offered
in the substitute I propose. I shall do so, Mr. President, how­
manner.
I deeply appreciate the great financial crisis from which the ever, on the ground that the committee bill does offer some
country is slowly emerging, and agree with the distinguished measure of relief. It is better than no relief. The privilege
chairman of the Finance Committee that this panic of 1907 given to railroad bonds is, however, entirely unjustified and
“ was the most acute and disastrous in its immediate conse­ utterly indefensible. I can not agree to give to railroad bonds
quences of any which has occurred in the history of the a property denied to United States bonds. The committee meas­
c o u n t r y t h a t “ the shrinkage in values of securities and prop­ ure gives to railroad bonds— mere bonds of corporations, owned
erty and the losses from injury to business resulting from and by private persons— a value which ought to be given exclusively
incident to the crisis amounted to thousands of millions of to public bonds, and denie* this privilege to United States
bonds. I deny that there is any justification for the introduc­
dollars.”
I agree with him that “ a complete disruption of the ex­ tion of railroad bonds in this bill. I deny the right of the
changes between cities and communities throughout the country Senate or of Congress to give away public values to private
interests, and insist that such a policy is utterly indefensible.
took place.”
That 4 it is impossible to estimate the losses which were ■While this is true, Mr. President, it is also probably true that
1
inflicted by this suspension of payments by the banks and the the harm done by the giving of this public value to private in­
terests is less than the harm which would be done if this
resultant interruption of exchanges.”
I pause to say that the actual contraction of exchanges in country should be left without any relief against future panic,
the panic of 1893, and in the panic of 1884, amounted to 50 and, at least, we shall have the opportunity of correcting this
per cent of the normal volume of exchanges. An examination feature of the bill at some future time, if it be not now amended.
I shall, however, insist upon the amendment of the committee /
of the reports of the Comptroller o f the Currency exhibits this
remarkable fact. When those exchanges are shrunken in that bill in this particular at the proper time.
The VICE-PRESID EN T. The Senator from Oklahoma will
manner, it means the most serious consequences to the com­
merce of this country, because the exchanges which are now please suspend while the Chair lays before the Senate the un­
current in ordinary times will amount to nearly two thousand finished business, which will be stated by the Secretary.
The Secretary. A hill (S. 2982) to codify, revise, and amend
million dollars a day. I have tried to get the Comptroller of
the Currency to make a proper inquiry into the volume of this the penal laws of the United States.
Mr. H EYB U RN . I ask unanimous consent that the unfin­
exchange so that it might be definitely ascertained. It has
not yet been done, but it ought to be done, as one of the facts ished business may be temporarily laid aside.
The VICE-PRESID EN T. The Senator from Idaho asks
essential to a proper comprehension of this great question.
When we have a shrinkage of what might be called an unanimous consent that the unfinished business be temporarily
ephemeral currency in the form of those exchanges of two laid aside. Without objection, it is so ordered. The Senator
thousand million dollars, it means an infinitely greater difficulty from Oklahoma will proceed.
A VALU
ABLE PRINCIPLE OF THE COMMITTEE MEASURE.
in getting hold of the dollar. It means that the dollar has a
Mr. OWEN. Mr. President, the principle of the committee
new purchasing power.
It means that property loses its '
hill which really has value, and the only principle which is ot
measure of value in relation to dollars.
I agree with the distinguished chairman of the Committee on importance, is “ emergency notes, secured by bonds, under a
Finance in describing the recent financial panic, that “ there penalty higher than the normal rate of interest.”
was financial embarrassment on every hand and an impossibility
This is the essential and vital feature of the committee meas­
of securing the proper funds to move crops or to carry on the ure which gives it value, and this is the only principle of the
bill which gives it value. This principle of finance has long
ordinary business of the country.”
That “ the suspension or disarrangement of business opera­ been well understood and has long been in force in Europe.
In 1896 I studied this question and endeavored to write into
tions threw thousands of men out of employment and reduced
the Democratic platform in Chicago the principle of currency
the wages of the employed.”
I agree with him that “ if the business interests of the coun­ notes to be issued against bonds as a remedy against panic.
The matter proceeded so far that the proposition was voted
try are left defenseless through the inaction of Congress the
into the platform by the committee on resolutions and then was
most serious consequences may follow.”
That it is “ the imperative duty of Congress in their wisdom voted out because of the argument made against it that it was a
to provide some means of escape from another calamitous novel proposition and untried.
There is no partnership in a measure of this character. It is
crisis.”
\
But I do not agree with his conclusion, that, because a com- purely an economic matter, or should be, and I should not be
V prehensive plan of legislation and reorganization of our entire willing to have it assume a partisan form. I am referring to
banking system may not be conveniently entered upon at this the position of the Democrats on that resolution committee. I
time, the proposed remedies should be confined within the do so, I think, to that extent, to the discredit of the intelligence
very narrow limits of the bill proposed by the Committee on of that committee on resolutions. But it lies with equal force
against the other party and all parties in this country, that
Finance.
The arguments of the chairman of the Committee on Finance, there lias been no provision made for the maintenance o f our
showing the great evils which we have endured in the recent commerce against this periodic disturbance, and what might be
panic and the serious consequences which- must necessarily regarded by some and was regarded by the Senator from Mary­
follow it, instead of laying a foundation for a very limited land [Mr. W h yte ] as a necessary periodic question. I think it
remedy gives the best of reasons why the remedy should be made proper to call attention to the fact that the periodicity of panics
as complete as possible. I confess that I feel deeply disap­ in Europe, where they have a remedy similar to that now pro­
posed by this committee, has ceased. There is no periodicity of
pointed in the bill reported to the Senate.
The bill reported by the chairman of the Committee on panics there. You can have periodicity of panics whenever you
Finance provides for bond-secured emergency circulation under allow a bear movement to agitate the country and have tbe
a 6 per cent penalty, but confines the banks which may receive country itself unprepared against the necessary excitement
its benefits to only certaie of the national banks, and to them which that movement may create.
Subsequently to 1896 I gave this subject careful study, feeling
only in a very limited way.
,,
,
,
.
, ____
It makes the emergency notes national-bank notes m form a deep interest in the evil consequence of the panic of 1S93. In
1898, in London, I discussed with the governors of the Bank of
without any wise reason.
.
It contains provisions for using railroad bonds for the basis England the methods by which they controlled panic, and in
of these notes, which I do not believe to be fair and just to Berlin consulted the officials of the Imperial Bank of Germany
the people of the United States, and it omits several provisions as to the method of avoiding panic in the German Empire. It
of the most important character which I deem of the highest was in this way I learned the complete efficiency o f emergency
consequence to the financial and commercial welfare ot the notes which would automatically retire under a proper penalty.
(See Appendixes A and B.)
United States.
. , . .
Germany and Austria permit their Government banks to issue
Mr. President, I have submitted an amendment intended to De
proposed by me which sets forth a fuller plan o f relief, which legal-tender emergency notes under penalty of 5 per cent, which
I believe to be far superior to that offered by the Finance Com­ is higher than the normal rate of interest, thus procuring auto­
mittee, and to the provisions of which I earnestly invite the at­ matic contraction of such emergency money.
In England, by ministerial permit, the Bank of England has
tention of the Senate.
, ,
While I shall insist upon the amendment which I intend to been on several notable occasions, when panic threatened, au­
propose, believing that its provisions are of the greatest im­ thorized to issue emergency notes against other securities than




1908.

CONGRESSIONAL RECORD— SENATE.

2429

The actual amount o f notes held in the “ emergency circulation fund ”

gold in violation of the English hank act of 1844, and such Y shall never he less than $50,000,000 in excess of any outstanding ad
emergency notes, being used — violation o f the statute, neces- v
in .
vances. Said fund shall neither be increased nor diminished except in
.
r
sarily are withdrawn at the first moment possible to the public the manner provided.
Mr. O W E N . Mr. President, the amendment then proposed
safety.
When the Senator from Rhode Island, on the 18 th of D e­ by\ Senator Jones contains every essential feature which n o w
cember, in answer to the Senator from Texas, said that _ iegi - gives value to Senate bill 3023, reported by the Committee on
lation can not prevent the recurrence of similar crises in Finance, and ju st in degree as the committee bill has departed
the future,” I was a'stonished, Mr. President, because the senti­ from the principles of this original proposition, just in that
ment expressed by the Senator from Rhode Island was at i nu ­ degree lias it lost value.
ance with the experience of the leading nations of Europe ana A The original proposition provided for United States notes di­
rectly, and not the awkward, irksome, obstructive use of the
was contrary to sound reason.
pretended national bank notes o f 6,G O intermediary national
O
I have long been thoroughly satisfied that it is a perfect j
banks.
easy m atter to prevent panics in this country. I have observed
The original proposition provided that any citizen of the
however, Mr. President, with interest that the chairman o _ .
United States had the right to obtain emergency notes upon
Committee on Finance had evidently changed his views wi _
proper security of bonds, while the committee measure denies
regard to this matter when he introduced a bill on Januaiy
- 1908, for the avowed purpose of preventing panic and wasjg
■ the citizen and denies 18,000 banks and trust companies and
only permits some of the national banks to have this right, and
fied when the chairman of the Committee on Finance, o
only permits such special national banks to have a very limited
ary 10, said :
amount o f such notes, under additional restrictions by States,
B u t the seriou s defect o f our m on e ta ry system, as disclosed by om
which, in my judgment, greatly diminishes the value of the
recent bitter experience, is the fact that we have no
proposed remedy. The restrictions go further and limit the
for providing the additional Issues necessary to meet or to p
amount of notes given to particular States, which is a serious
con ditions.
•*«
additional restriction upon the means of escape from the danger
And when he further said, in closing his remarks, that—
of financial panic by emergency notes.
The original proposition compelled the return of the emer­
I f we should fail to take some effective action to
gency notes within twelve months, which the committee .meas­
crises such as that through which we have ju st passed, v e *
a grave responsibility.
ure does not do, and loses force by not making the return o f
Mr. President, the measure proposed by the chairman of the emergency notes necessary and compulsory within a given time.
The original proposition provided that the emergency cur­
Committee on Finance was particularly interesting to■
"
rency should never be “ less than fifty millions in excess of any
cause it contains the correct principle, to wit, quick
outstanding advances; ” in other words, it was not limited, as
money on bonds under a penalty which would insure its a
the committee measure now proposes, to the inadequate sum, as
matic contraction.
n
I shall presently show, of $500,000,000. It took over two
Mr. President, the favorable view o f the chairman of t h e t o m
thousand million dollars to meet this last panic, and then the
mittee on Finance on this subject is a matter ot the s
panic was not successfully met.
value to the country, and I call his attention to the iact ma
The original proposition imposed a tax of 6 per cent on such
he has adopted the essential principle in the bill reported
'
emergency notes, as does the committee measure now submitted.
committee, which was contained in an amendment whien
_i
The original proposition allowed emergency notes to the
the honor to draft, and which was introduced m the
extent of 90 per cent in emergency notes of the face value of
States Senate on February 6, 1900, by Hon. James Iv.
>
such bonds (United States bonds) and the committee measure,
and which was proposed as an amendment to the financial
in like manner, provides 90 per cent in emergency notes of the
charge of the Senator from Rhode Island, then as now,
value of bonds offered as security.
man of the Finance Committee.
, ,,
, .
c „nn_
The committee measure enlarges the volume o f securities
Mr. President, I send to the Clerk’s desk a letter from
available, which, I think, is highly judicious and proper.
>
r
j tor Jones, with a copy of amendment referred to, which i
You will observe, Mr. President, that this proposition then
V ask the Clerk to read:
X The V IC E -P R E SID E N T . W ithout o b je c tio n the S e c re ta ry submitted to the Senate contains the very essence o f the bill
T
now under discussion. It proposed bond-secured currency ad­
will read as re q u e ste d .
vanced upon the security of bonds under a tax of 6 per cent
The Secretary read as fo llo w s:
per annum, and that the advance should not exceed 90 per
[Law offices of James K. Jones an<j James K . Jones, jr., 621, 0— Colo
cent of the value o f such bonds.
rado Building. Telephone M am 638.]
Mr. President, if the chairman of the Committee on Finance
Washington, D. C., F e b r u a r y 11, 1908.
ad, at that time, 1900, been conscious of the great value of
/
Hon. R obert L. Owen, United States Senate, City.
offered
he suggestion contained in the then proposed amendment, he
m
I
D ear Senator: I inclose a copy of the am en dm en t whic
was in a position, at that time, to have written into the statutes
to the financial bill on February 6, 1900 (C ongressional kecor ,
of the United States the very safeguards against panic which he
P’ Y ou4will, of course, recall the fact that you p ^ a r e d ^ e ^ r i g m a l
now, with such force, declares essential.
I f he had then
draft of this proposed amendment, which I introduced
'the
patiently listened to this suggestion he would have saved the
not in exactly, the form submitted by you. I think you win
people and the business interests of the United States what
debate on that bill at that time quite interesting
bate
ba(J been
he himself now describes as the “ most acute and disastrous
If that amendment had been adopted at tha* U / ® ^ ented the late
L'itten in the law, it would, in my opinion, have prevented
wr
panic which has ever occurred in the history of the United
panic.
States.”
I am glad to see that at last the principle
' Financf $
I pause to say that, if any Senator [looking at Mr. A ldrich ]
properly secured is recognized and that the Committee o
the Senate indorse it.
...
4
fiea j am,
wishes to interrupt me at any time, it will not disconcert me in
Congratulating you on your early connection vith this id ,
the least.
Very sincerely; yours,
jAMES & Jone3i
The Senator from Rhode Island would have saved his country
and millions of its people the enormous shrinkage of values of
Amendment proposed by James K. Jones, February 6, 1 9 0 0 .
securities and property and the loss from injury to business
That the Secretary of the Treasury is hereby directed to bave^pun
resulting from and incidental to the crisis amounting, as he
and to keep on hand United States Treasury notes
P
_h noteg
himself now declares, “ to thousands of millions of dollars.”
count to be called the “ emergency circulation fund.
&
He would have prevented “ the suspension or disarrangement
shall he full legal tender. Any citizen of
regulations to
the right to deposit United. States^bonds^ unde^rules^a ^ ® ceirej rom
”
of business operations which threw thousands of men out o f
employment and reduced the wages of those who were still
Treasury notes, ana suau nave mu
T; ffnited States Treasury employed.”
months to redeem such bonds by repaying hi
„ ch bonds, with
He would have prevented the fear and distrust which has
notes the amount so received by him ou account of
Failure now paralyzed and makes unproductive the energies of hun­
interest at the rate of G per cent per annum on i
sImlj operate
to redeem such bonds within the bm lt of twelv
suell bonds shall dreds of thousands of men and holds idle many thousands of
as a forfeiture of such bonds to the United fetate . a*j ^ ba]ance> after factories and business enterprises.
told to the highest bidder in the open “ al K®iVanced the interest on ] Mr. President, I rejoice that the principle of good govern­
the payment of the principal of the
m,? former owner of such
ment and of sound finance which was presented then has now
the same, and the expenses, shall D pam
e " oM
sD "
hhft 101be exchanged with
M
bonds.
consist alone of
ds.
Any moneys received from such sale a y
been adopted by the Committee on Finance and is about to
other moneys in the Treasury so that this fu
‘ ed when repaid
become established as a part of our law.
Treasury notes. The principal of all sums bo a d v a n c e ^ ^
I trust the Senator from Rhode Island will agree with me
shall be returned to the
emergency eircnlaDon
Treasury under
upon such sums shall be passed to tne cicun
now that if the present plan of emergency money had been pro-

\

miscellaneous receipts.




:

2430

CONGRESSIONAL RECORD— SENATE.

E e b r u a b y 25,

force into bankruptcy and ruin individuals, banks, and trust
companies, or commercial enterprises whose property they covet,
they can cause insolvency and produce that fear in the minds of
the people which causes hoarding and panic.
Third. These rumors, causing the fear of the people, easily
gain force, because— •
(a) The banks know that the country’s reserves in New
York are tied up in gambling operations on the stock exchange
in so-called “ quick assets ” but which are not really available
to any great extent (because it would mean panic to force the
quick liquidation of such loans). There is a world of men who
have “ got to be helped ” in such times, as the bankers say,
and those loans are carried over.
(b ) The banks know there is only
per cent of money in
total reserves in all of the banks in the United States in cur­
rency, and that if the fear of the people is aroused, and that
if 5 per cent of their depositors demanded their deposits in any
one week there would be a fearful panic, and the banker’s fear
is hypnotic of the people and excites the fear of the people in
ways too numerous to mention— e. g., by
1. Refusing good loans, well secured.
2. Forcing solvent debtors to urgent settlement.
3. Talking hard times and tight money, etc.
All of those things make the banker himself tbe medium of
emphasizing these conditions and bringing about the very con­
dition which creates and makes panics. Any business man in
this Senate knows that I speak the truth when I call attention
to these things. I have helped guide the leading bank in my
State through two panics, and I understand the anxieties, and
I think I understand the causes of panics.
(c) The banks know that the 15 and 25 per cent reserve in
lawful money is largely artificial and does not exist in lawful
money, as a matter of fact, and that their showing of reserves
is only a pretense of a strength that does not exist.
These sentimental influences lead with certainty to the fear
of the people, and then we have as the final consequence the
deadly evil of the hoarding of currency hy the common people.
Fourteen dollars so hoarded by each one of the people would
not leave a dollar apiece in any one of the 23,000 banks of the
United States.
he hoarding by the common people, Mr. President, is not
e primary cause o f panic, although a secondary cause, which
ntensifies and makes panic peculiarly dangerous. Hoarding is
the effect as well as cause of panic. It is the necessary imme­
TIIE PBINCIPAU CAUSES O PANIC.
F
diate consequence o f fear or panic and becomes a factor in
Mr President, in drawing a measure of relief against panic,
panic of supreme importance.
w hich this bill avowedly is, it is of the highest im portan^ to
Fear is the soul of a panic, and fear may be founded on any of
determine w hat the causes of the panic are. I do not sympa
the Committee on Finance when he p. number o f things.
It may be due to some national calamity which paralyzes
speaks of the causes of panic being an a c a j6® 1? ^ t i o n . It is credit and excites public alarm.
a practical business question, upon which this Senate has a
It may be due to the wholesale speculative loans of the de­
right to have all of the facts available; but there are some
positors’ money, or to distrust engendered in the integrity of the
facts which are so patent that they ^
^ aasi*stance>+be
When the financial world from any cause. In 1893 the panic was arti­
made perfectly clear to the knowledge of this body
ficially produced by circular letters sent out all over the country
suggesting the constriction of credits; by repeated suggestions
vided. I shall, therefore, endeavor to point out the pim upai
in the public press that the European investor was selling
American securities; that gold was leaving the country; that
° aT h ! prim“ y '« m s e of panic is the fear of the people of the
the gold reserve was going down day by day, and that we were
i'^oKeucy of^
panic jS when the depositors, who number on the very verge of panic.
I f you tell a depositor in a great variety of ways, and with
millions upon millions of people, go into a bank, draw out then
sufficient insistency, that we are on the verge of a panic, finally
„ m „ , l denosits of forty or fifty or a hundred dollars, carry them
the more timid of the depositors will actually withdraw their
home, lock them up in a trunk, and hide them away. T h e r e ^
deposits for hoarding, and when this takes place the bankers
the chief evil of a panic. The depositors drew out of the New
take fright, and the alarm passes like an electric shock from
York banks two hundred millions of dollars within a week, and
man to man until the depositors who are poor or cowardly take
they drew out of the banks of the country an infinitely greater
out their deposits for hoarding on a vast scale.
sum
I have felt great pride in the people of Oklahoma that
The cause of the panic of 1907 in like manner was very simi­
they had the6nerve to stand Arm and not withdraw in any senlar. It was the result of a high market in stocks and bonds
ous wav their money for hoarding.
steadily manipulated for several years, raising the booming cry
Tbe causes leading to the fear of the people are: >
of “ prosperity” and exciting the people into speculative buy­
First The rumors of bear manipulators alleging
tight
ing of stocks, and then the change of tune and the reiterated
‘
« bisrh interest” and “ impending panic, and rumors
talk and suggestion of panic made either by those who bad in
of threatened insolvency of banks, caused and promotedbythose
view the creation of panic and its consequent benefits to them,
engaged in the manufacture of bear markets, and of panics
by those called “ bear operators ” or the bigger men whose satel­
whether small or great, as a chief agency m compelling a bea
lites they are, or to the thoughtless talk of people who were in­
market. These rumors and thousands of others intended to dis­
different to the result or ignorant of the hypnotic power which
turb confidence flow in endless stream from the gamblers on
repeated public suggestion exercises over the minds of tbe
the stock exchange, the great panic breeder.
people.
Second. These rumors have sound foundation if those engaged
These constant suggestions of impending panic were sufficient
in lirodueing panic are strong enough to cause tight money,
to create a panic regardless of other contributing causes, and it
hish interest, and the constriction of credits in the great money is well known to everybody that these continued suggestions
centers- if they can and do withdraw at will millions for
finally led to a general belief that a panic was impending. As
hoarding; or if they can and do call “ demand loans f°r im­
a necessary consequence there was more or less disturbance
mediate payment, when they have already put a strict 1 ut
hlJ
in the mind of the average depositor, and only some incident,
the oi.tension of credits by the great controlling banks, if tn e j,

vided in 1000 by the amendment be was then unwilling to ac­
cept we would have avoided tbe enormous injury of tbe panic
of 1007-8.
I regret, however, that in adopting the principles which were
submitted in the amendment proposed to the financial bill of
1900 the Senator from Rhode Island has not improved the
original suggestion, but has weakened its effectiveness in
various important ways, as I shall hereafter point out.
I submit my observations on the pending measure, Mr. Presi­
dent, in tbe earnest hope that they may persuade the Senator
from Rhode Island and other Senators of this body to consider
the present bill with dispassionate care and without economic
prejudgment and with the greatest thoroughness before it is
finally passed, so that the bill when completed shall be drawn
as perfectly as the wisdom and patriotism of this body make
possible.
Mr. President, this Congress has abundant time in which to
perfect this bill. There is no need for haste, and those expres­
sions in the public prints when Congress met, that there was no
need for haste, met my approval, because I have observed that,
if there is one thing which has been thoroughly well established,
it is a perfect divergence of opinion on every kind of proposition
relating to this question. The only thing which has been thor­
oughly well established, I think, is lack of knowledge andl oi
coherent opinion on the part of many of the statesmen of tms
country with regard to this great remedial legislation now pro­
posed. This condition of uncertainty justifies and it imposes tne
duty upon every man who owes allegiance to his State and w o
represents his State on this floor, to study this great fine, i
and determine it according to those correct Principles whicn
have been demonstrated by those older nations of t
>
who, under their experience, have learned a lesson
,
younger nation appears not yet to have acquired. Congress nas
not only abundant time, but it has at its disposal every essentia
fact upon which to make up its judgment.
It not only has the time and facts available, but it nas all
the wisdom and intelligence necessary for the framing of a
perfect statute, and I earnestly insist that the measme to be
adopted by the Senate of the United States shall be drawn so
as to remedy at least those defects in our present national
banking act which are perfectly palpable and obvious to every
thoughtful studeut of finance.




1908

CONGRESSIONAL RECORD— SENATE.

2431

such as the Knickerbocker Trust run, was necessary to start a tion if this self-insurance plan were provided. The emergency
currency is intended to restore to circulation the money with­
violent panic under conditions o f general apprehension stirred
drawn from commerce and hoarded by the frightened depositor.
up in this way.
,
„
. .
. I f the depositor has the assurance of safety in his deposit
The causes o f panic, Mr. President, which excite the teai o
,he will not be frightened and he will not hoard his money, and
the people may be various, but the fear of the depositor, fiom
[there will be, probably, but little need for emergency currency.
whatever cause, is the real factor with which w must deal.
*e
^
Both provisions, however, Mr. President, I regard as essenThe fear of the depositor must be abated if we wish to pre­
iial, because the national banks comprise only 6,600 instituvent hoarding of the currency, which is so essential to the sta­
:ions out of 23,000 banks. The national banks have only onebility of our commerce, to the healthfulness of our banking insti­ :hird of the banking deposits of the country, and emergency
tutions, and to the welfare of our business people.
^ Currency is necessary, therefore, to protect the country against
Two things are essential to prevent the fear of the depositoi . the fear and the consequent hoarding of the depositors of the
(a) H e must be assured that his deposit is safe, even it the other banking institutions o f the country who keep their re­
bank be found insolvent, and this remedy may be easily, eco­ serves with the national banks.
nomically, and abundantly provided by a guaranty fund avail­
Mr. D O LLIVER . Mr. President------able from the taxes now paid into the United States Treasuij
The V IC E-PR E SID EN T. Does the Senator from Oklahoma
by the national banks on their circulation. It is thirty-m e yield to the Senator from Iowa?
times more than is necessary, according to our statistics.
_
(M r. O W EN . Certainly.)
„
(b ) It is not entirely enough to satisfy the depositor that Ins
Mr. D O LLIVER . Has the law of Oklahoma for the guar­
deposit is safe against the insolvency of the bank of deposit, but anty of deposits been put into operation?
he must be assured that he can get his money in currency when­ , Mr. O W EN . It has..
ever he w ants it.
T
L Mr D O LLIVER . I should like to ask the Senator how it has
Banks confessedly solvent in the last panic, from the Atlantic operated as respects the situation of the national banks? A s I
to the Pacific, about 23,000 of them, although solvent, refused understand, the law is applicable only to the State banks.
to pay currency to their depositors for the simple reason, Mr. / Mr. O W EN . The Senator is mistaken with regard to the'
President, that the banks of the United States have only about flaw being applicable only to the State banks. It is also ap­
$7.50 with which to pay $100 of their deposits, if the de- plicable to national banks where they choose to use their un-i
positots should suddenly want their money in currency. Lne
pr0fits for the purpose of buying insurance under the,
banks know this in a general way, and for that reason when
p]an? whieh, i think, they can do by the consent of the1
'*4
New York suspended currency payment in October last almost (stockholders.
every bank from the Atlantic to the Pacific followed this ex­
Mr. D O LLIVER . Now, if the Senator will pardon the in­
ample within twenty-four hours. New York held the reserve
terruption, as he is evidently an expert in practical banking
of the banks of the United States, and when New York refusea matters, what would be the effect upon the national banks of
currency other banks felt compelled to do so.
,f Oklahoma provided they were not permitted to take shelter
The banks of Oklahoma, Mr. President, paid $40 ath ousan
under that State law?
to New York banks for currency when the New York banks
j A i r . O W EN . It depends upon the condition of the bank. I f
on hand the reserves of the Oklahoma banks.
/here is a national bank in a small town where there is no
I believe, however, that the New York banks went 0l“ 1 ™ (State bank, it would not affect it. I f in a small town there
|
the open market on the street and bought hoarded currt y > are national banks, and there is a little State bank across the
I do not think they took it from their own money. _ So tnat
/
street with a big sign in gold letters that its deposits are guar­
are not to be understood as speculating upon their correspo
anteed, it would make the national bank lose deposits, and
ents. I believe they did the best they could under a very
the national bank would be compelled to take out a State char­
condition.
.
ter. If, however, in a larger town, where a national bank was
Mr. President, the first essential is the security of the ba
thoroughly well established and its lines of business long contin­
depositor.
.
.
rP ued, such as the bank with which I have had the honor to be con­
The second essential is emergency circulation, and Dorn
nected— the First National Bank o f Muskogee— I do not thinkJ
essentials to the stability of our commerce.
it would have any appreciable effect.
Under our present banking system the national-bank depo
' Mr. D O L L IV E R . Now, i f it will not interrupt the Senator,
are entirely safe, but the ordinary depositor does not re
what practical effect would it have on State and private banking
institutions of the country if a national law should guarantee
The report of the Comptroller of the Currency, 1907, PaS® 28, the solvency o f national bank deposits?
shows the net loss to creditors of the insolvent banks since
j
Mr. O W E N . I f that were done it would impose upon the
as follow s:
State the duty o f doing that which I now insist this Govern$42, 796 ment should do— insuring the deposits of national banks or pro­
1 8 9 8 __________ ------------~ 361. 181
189!)___________________
None. viding for self-lnsuranee. I f this Government should now pass
1900
_____________
" " 1 1 7 ,5 6 9
an act insuring the deposits out of the tax proposed— it is self1901
_____________
------1, 113 insurance by the banks, not insurance by the Government— if
_____________
1902
-----34, 458
that were done, it would then have the effect upon State banks
1903
_____________
" "
2 0 1 ,0 8 4
1 0 0 4 ___________________
I
4 .7 6 7 1 such as the Oklahoma law now has on national banks. In the
1905
_____________
None.* substitute which I have proposed, I have arranged that it shall
1906
____________
not go into operation for two years, so as to give opportunity
* An average of about $85,000 per annum against net deposits, to the other States in the Union to establish a similar insurance
August 22, 1907, $5,256,000,000, a loss to the national-bank a
plan within their respective limits. The substitute which I have /
positors of only about one dollar in sixty thousand d c
1
[proposed only goes into immediate operation where the S ta te /
“
has already established a plan of insurance for the State b an k s/
annum.
.
n f inThere never was in the history of man a finer
bv
Mr. D O L L IV E R . Now, Mr. President, if the Senator will
tegrity, of intelligence, and of good business than is
S
permit me one more question, I will not interrupt him any
this record of the national banks, and this country la
°
further.
to be proud of that record.
.
.
The V IC E -P R E SID E N T . Does the Senator from Oklahoma
I f the future losses should average thirty-five ti
yield to the Senator from Iowa?
amount annually, the present tax on circulation ®
t A
Mr. O W E N . I wall be delighted to answer.
national banks would be more than sufficient to
> ou
Mr. D O L L IV E R . W hat effect would it have upon solid, con­
cause— and I call your attention to the fact *' A
or, tlie servative, well-managed banks if an act of Congress were to
over six hundred million dollars makes an auaaa11. ) if“
|
________
dollars put all national banks upon exactly the same level so far as
national-bank circulation of more than three million
their ability to pay their depositors is concerned? W hat effect
loss o f“eighty~five thousand dolwith which to pay the average
and it is |would that have upon the solvent, well-managed banks as against
The depositors are safe now comparatively. ^
these irresponsible, or more or less irresponsible and speculative
lars.
only for the moral effect after all that
hanking institutions, offering large sums as interest upon de­
deposits will prove to the country to be
sreat ^alue
posits, and otherwise making themselves attractive to the com
The
The s e c u H t r o f l L A a n h depositor (by
munity?
circulation to be useu for the insurance ,of h.s le.posit)
to De used
ta x on circulation
„ nri hnnrd
ik
would prevent such depositor from losing
f Mr. O W E N . I am delighted to have the Senator ask th e\
[question, and I think I can answer it. The Senator from Iowa }
inkers
be a much smaller need for emergency clrcula- lassumes that there is a class of speculative, reckless bankers
-




I

2432

CONGRESSIONAL RECORD— SENATE.

E

ebkttaby

2f>,

under no restraint wlio might rush in and acquire the deposits individual initiative and to the individual responsibilty or the
of the unsuspecting. By what argument is a deposit to be corporate responsibility, whichever you may see fit to denomi­
brought to a bank conducted by a speculator or a reckless, irre­ nate it.
Mr. O W E N . That is no doubt an interesting historical cir­
sponsible man? Everybody who is acquainted with the bank­
ing business knows that the depositor first wants to know cumstance. It arose in a time when there were no railroads,
above all other things that the bank at least is conducted in a 'when there was no means of communication, when it took a
conservative and in a reasonable and proper manner, and when week to get a letter from one end of New York to the other,
when there were no newspapers worth mentioning, no telephone,
a depositor makes------no telegraph, no public schools, a very defective Government;?
Mr. D O L L IV E R rose.
Mr. O W EN . I will answer the question if the Senator will when they had no sufficient and proper means of examination
permit me. I have not gotten to the answer yet. I am laying of the banks; and we have to go back to such conditions in
my premises. 1 will answer it if the Senator will have patience. .order to justify us in adopting the experiences o f that date as
guide for the present. There is no true parallel. To-day
He has asked me a question and I will answer it to his satis
we have the most perfect banking system in the world in the
l faction, unless he wants to ask me another question.
national banks of this country, I think. Their losses to their
Mr. D O LLIVER . I just desired an answer to my question.
Mr. O W EN . I am going to answer the Senator’s question creditors during the last nine years have averaged only about
one dollar in seventy thousand a year. There were losses
completely.
.
.
You are assuming in your question that the irresponsible, of eighty-five thousand per annum only, out o i nearly six thou­
reckless banker is going to attract the depositor. I therefore sand million of deposits; and shall we go back and point to
go directly to the causes which lead a depositor to make his 1830, the days of our great grandfathers, and have it said that \
deposit. W hat are those causes? The first thing he wants we shall not avail ourselves of modern knowledge and modern
to know is that the banker is a decent and an honorable man, appliances? W e have improved since that day, and we can J
and under our system of banking we have the most abundant im prove still more.
Mr. B A IL E Y . Mr. President------provisions thrown around the ordinary banker. I take it that
The V IC E-PR E SID EN T. Does the Senator from Oklahoma
the State of Iowa has a proper law requiring a reasonable
•
control and requiring reasonable compliance with those pro­ yield to the Senator from Texas?
Mr. O W EN . Certainly.
visions found necessary to sound banking.
Mr. B A IL E Y . I suggest that when the Senator from Okla­
But I want to call attention to the fact that under our syshoma undertakes the New York investigation, if he will extend
j tern of government any man who is guilty of fraud as a banker his research a little, he will find that the State of Michigan once
| is guilty of a criminal offense, and is restrained by the criminal enacted almost precisely the same kind of law in regard to the
| code. Under the substitute which I have suggested here, the insurance of State bank notes, and that it failed.
insurance plan only goes to the noninterest-bearing deposits
{ Mr. O W EN . That justifies the Senator from Michigan.
and the man who wants to invite into the bank deposits by
I [Laughter.]
giving interest and paying people to make deposits with him,
Mr. SM ITH . It may justify the Senator from Oklahoma.
the deposit being otherwise guaranteed, has no foundation on
Mr. O W EN , There are some obvious defects in our national
earth to invite those deposits except his own bad character;
banking system, which have been factors in producing the panic
and that is not a good magnet with which to attract deposits.
When he established his bank he must comply in the first place of 1907-8, which ought to be remedied. For example—
(a ) The tying up of the resources and reserves of the banks
with the law and he must put up his money to establish his
bank. The smallest of the national banks must have $25,000; of the United States in loans for speculative purposes when
their resources should be available for legitimate commerce,
of capital and the stockholders are liable for a like amount,
for manufacturing aud industrial enterprises, for moving the
making a bond of $50,000 standing between the depositor and
agricultural, mineral, and manufactured products of the coun­
loss. Therefore these objections which are made that it will
try.
V encourage reckless banking have no genuine foundation.
(b) The loaning of funds to active officers of a bank without
M r. SM ITH . Mr. President------proper safeguards should be forbidden.
The V IC E-PR E SID EN T. Does the Senator from Oklahoma
(c) The cash reserves should be strengthened.
yield to the Senator from Michigan?
ah of these things are advisable safeguards against panics,
’ Mr. OW EN . I am delighted to yield. /
OW EN
am aengntea to yieia. /
l
.
I and should be provided for now while a bill is pending the
Mr. SM ITH . I should like to ask the Senator from Okla- | declared purp0ge of which is to prevent panic.
the
nr he knows of any Stfi
Lmowc
shiv
in tnp history of nnr \ __ r 'president, - wish . to point out clearly what the u*n remsfnrv of our 5 j j
1 . *
. .
. .
■________ ^
.
homa whether
State in the
I
bill
Government that has guaranteed deposits except his o w n .
! ported by the Finance Committee contains and in what way it
Mr. O W EN . I do not know of any State that has guaranteed
objectional)le in its present form.
deposits. I understand in the history of the past that there have
Second, Mr. President, I wish to point out what this bill
been some such experiences, which were based upon an insuffi­ ought to contain and what the substitute therefor, which
>
cient foundation.
propose to submit as an amendment, does contain.
Mr. SM ITH . I should like to say to the Senator from Okla-^
WHAT THE COM ITTEE BILU CONTAINS.
M
homa that as I am informed the State of New York once tried
an experiment of that kind, extending over a period of about
First. Mr. President, while the committee bill recognizes the
twelve years, and that it resulted most disastrously to that part
Importance of emergency money, it limits the issue to $500,of the safety fund, and that they failed to raise enough to pay
000,000 of emergency notes, which has been demonstrated with
the bad debts of the banks which were members of that sogreat force by the chairman himself to be insufficient in volume,
called organization, and that they fell shy several million dol­
and then imposes restrictions that will prevent any but a frac­
lars of being able to pay out finally.
tional issue of the volume suggested, and closes every door to
Mr. O W EN . If the Senator from Michigan will make his relief until the Secretary of the Treasury declares an emer­
suggestion sufficiently definite I will undertake to get the sta­ gency. The Secretary of the Treasury should have no authority
tistics and account for the reason why they failed, but I am ,to refuse relief or to defer it because within a few days irrep­
now talking about a modern condition and I am not talking a ra b le damage may be done the bank on which a heavy run
\ about the poor and ineffective kind of government we had in may be precipitated.
\ th e days of our ancestors.
You take such a ease as that of the run on the National Bank
" Mr. SM ITH . For the information of the Senator from Okla­ of Commerce in Kansas City, a bank which had nearly $40,000,000 of resources and which stood up and paid $18,000,000 to its
homa, if he is willing------depositors before it pulled down its flag in surrender. There
Mr. O W EN . I am delighted.
Mr. SM ITH . I may further say that the legislature of the was a case where an emergency might not be declared by the
State of New York did, under considerable pressure, pass a Secretary of the Treasury as a national matter, and yet it was
law providing that all banks seeking recharter and all banks an emergency of a critical character for that great institution
newly organized should contribute to a safety fund one-third and for the entire Southwest. The remedy ought to be left
of 1 per cent upon their capital, and that from that source for wide open so that any bank that wants relief shall be able to
a period of twelve years a large fund was set aside for the get it, and get relief immediately.
Second. The committee bill makes the emergency notes n tpurpose of paying the bad debts of the banks of that State.
As I said a moment ago, that ran along from perhaps 1830 to tional-bank notes in form, requiring 6,000 varieties of notes
1S45, when the statute was repealed, the practice was discon­ .without sound reason, when these notes are really made United
tinued, and banking was left, as it ought to be left, to the , 'States notes payable in gold or its equivalent.




CONGRESSIONAL RECORD-SENATE.

1908.

I

e

2433

Mr. O W EN . The purposes of the Senator from California
Third. The national banking associations are “ ' L . l f ™ ' ! ’ !',! rind my own are the same. W e are in exact accord in pur­
to take till VCtJLlLtlK Ul this bill unless they _
v IC V
lL t^ advantage o f tllliJ H111 Uil v
t;
^ come^witlnn ceitam pose. The proposed substitute that I offer does not limit the
sri
thn
igidly described classes, thus limiting the effici
J
emergency issue to $500,000,000. It puts no limit on it. The
proposed remedy and preventing its full and f iee “
. ‘
limit proposed is the necessity of the country alone. In this
last panic we required more than a thousand millions. The
(a) No national banking association which h a s J f j 3
j,
ting notes outstanding than 50 per cent of its capital is p u n
estimate made by the chairman of the Committee on Finance
overlooks the most important item. W e required over a thou­
ted to have the benefit of relief against panic.
sand millions in this last panic, and that did not control it.
(b) No national bank which has a surplus o
W hy shall we now limit it to five hundred millions, and then
per cent is permitted to bare relief against panic.
fciniit that amount in such a manner as not to make it available
(c) In no event is any national bank to ™ ve
emergency notes exceeding a gross amount of its o
& [where it is required?
‘ More than that I agree with the Senator from California^
notes, whether normal or emergency, in excess of the
1
and surplus of such bank.
.. Q__ with regard to the control of the New York Stock Exchange,
, (<*) Even under these unnecessary, vexatious, reactiona y and I introduced a bill to-day proposing to remedy that evil in
some degree; that bill proposes that no Stock Exchange quotas
imitations, the national banks within the classes described a
tions shall have access to our national mails except under the
0IlJy permitted to have relief of a limited amoun
supervision and control of the Department of Commerce and
emergency notes, apportioned off to each of the sev era
Labor under proper safeguards to prevent gambling and fraud.
regardless of the national exigency.
.
..
Fourth. No State bank, no trust company, no savings Dana That will put a stop to the gambling which robs the innocent
ho private bank, is permitted to have the benefit of thi
. . nd unprotected in this country.
But I propose more in this substitute which I offer now to
against panic, although holding two-thirds of the backing
the Senate.
I propose that the New York Stock Exchange
capital of the United States and less than 4 per cent cm rea y
gambling shall be limited by a provision on this bill forbidding
V reserve, and, therefore, peculiarly dangerous to our
the national banks to use their depositors’ money in making
Stability.
loans for the speculative buying of stocks and bonds on that
Mr. FL IN T . Mr. President------,
n,
.The V IC E -P R E SID E N T. Does the Senator from Oklahoma market. They recently tied up all our national reserves when
they were needed to move the cotton crop; the wheat crop;
yield to the Senator from California?
needed to run the factories of New England and needed to run
C Mr. O W EN . Certainly.')
f .
t Mr. F LIN T. I wish to ask the Senator from O klahom ali a» the coal mines and the great works in Pennsylvania and the
other eastern States. It is high time that this country was
intends to make any observations with reference to the u
advised as to its rights and that the Senate should put a stop to
tion on the issue to the various States? I f not, I should 1
1
such practices; and I believe from the opinions which I know
ask him a question, as I am somewhat in accord with him in erence to the matter of limiting the issue to the entire c o u n t y the Senator himself entertains from his questions that he will
be in accord at least with the purposes of the suggestions I
Mr. O W EN . California could get only twelve million dollars
-^Huake.
finder this bill.
Mr. FLIN T.
I am not prepared to commit myself to the
Mr. F LIN T. I understand. But assuming that a condition
measure, but I am prepared to commit myself to the views.
existed like that in the last panic and there is this linn i
S Mr. O W EN . I said the purposes, Mr. President.
ef $500,000,000, and the currency is all issued in the kta
Mr. FLIN T. I want to ask the Senator another question, as
^ ew York, California would not get any.
he has given some study to this matter and as he now refers to
f
Mr. O W EN . It would under my plan, but it would be better
the condition o f affairs in the New York market and the loan
to supply enough to New York to prevent panic in tne ni&i
of money there deposited by the various banks throughout the
Piace, and still not deny California what it needed.
country. I desire to ask him whether or not he has given any
Mr. F L IN T . I f the stock market were eliminated, I would be study to the conditions that have existed since the panic, to
Perfectly willing to provide in this bill that the amount ot e
ascertain whether the same banks which complained that they
reney should not be limited. But if a condition should ari • could not obtain their money from the banks in New York have
such as existed in the late panic, I think it should be Jiml
not again deposited the money in New York, and are doing it
as to the States, so that the entire amount should not he iss
now, so that they have to-day a far larger percentage on deposit
t° the banks in the State of New York.
•vT'iin tne x
in the New York banks than the condition of the country would
/ Mr. O W E N . I shall discuss that further along. But I will i . ustify>
(
brief make this answer: I do not think the emergency c Mr. SMOOT. More than they had before.
I *2n° y should be limited in issue at all. I f New York n m s
Mr. FLIN T. And more than they had before.
l $500,000,000, I think New York ought to have $o00,0W,uuu,
Mr. O W EN . I think that undoubtedly is the case. They are
Without denying to San Francisco one hundred million at t
piling up money there now, and the money is coming out of
Same time, if it proved to be necessary. W hy is this re 1
(hoarding. Now that the opportunity has been presented by a
Denied? W hat is the purpose of it? We are trying to prouae bear market to buy cheap stocks there is a strong demand in
Against panics, are we not? W hat is the sense, the comm j our financial centers.
Sense, of denying a sufficient issue to make panics impossible.
Mr. FLIN T. W hat I wanted the Senator to answer is not
Mr. F L IN T . Mr. President------ whether the money was coming out of hoarding, but whether the
/The VIC E -P R E SID E N T. Does the Senator from Oklahoma banks in the South and the Middle W est and the Pacific coast
yield further to the Senator from California?
States which complained that they could not get their money
Mr. O W E N . Certainly.
.
and said they would not deposit in New York again, did not
Mr. F LIN T. W hile we are desirous of stopping panics, it immediately after this panic was over deposit their money in
biay be that we are not desirous of encouraging a condition ox the New York center.
affairs in the New York stock market where speculators win
Mr. OW EN. I am not aware what the statistics would show
have this money issued and go on and deal in stocks and have with regard to the redeposits since the panic in New York. I
Jhe prices advance four or five times their real value, which has do not think there could have been a very great deal of redepos­
been the result when the money has all been concentrated m iting. Since the southern and western banks could not get
the city of New York. The purpose of this bill, as I under­ their money out when they wanted it they probably have left it
hand, is to prevent such a condition, and the reason the amount where it was. They could not get it when they wanted it, and
ls left to the Secretary of the Treasury or to the commission U guess they have left it there. [Laughter.]
pomposed of the Comptroller and the Secretary of the Treasury
Mr. FLIN T. I am directing the attention of the Senator
is that the New York banks can not themselves determine when not only to the fact that they left it there, but that immedi­
J-hey will promote stock-gambling propositions with this money, ately after the panic they deposited more at the very place
nut rather that the money shall he used to stop panics through- from which they could not get it during the panic.
nut the country and to relieve a condition that we know exists
Mr. O W E N . I will answer the Senator by saying that the
in the West, and not only in the West, but in the South, each
substitute I propose requires them to keep it at home.
year; and that is that we require more money at certain periods
Mr. F LIN T. That is the very question I wanted the Senator
nf the year. I f this was not left to the Secretary of the
Treasury, and if it was left unlimited, the entire amount, as I to answer, whether he had studied that question, and whether
nave said, would be issued in the city o f New York at times he did not think it was necessary to have some legislation
pnd not used to stop a panic, but used to continue a stock-gam­ which would compel the banks to keep tbeir money nearer
home or In their vaults?
y
tarer
bling operation that has existed there from time to time.
X L I I -------153







2434

CONGRESSIONAL RECORD— SENATE.

F ebruary 25,

This committee bill is defective in these particulars, and as
I Mr. OW EN . Undoubtedly.
It is seriously defective in these particulars, I insist upon it that
Mr. SMOOT. Mr. President------Tbe VICE-PRESID EN T. Does the Senator from Oklahoma it shall be amended so as to meet the conditions of this countryIt is further defective in the following particular:
yield to the Senator from Utah?
/Mr. OW EN. W ith pleasure.
UNITED STATES BONDS DENIED THE PRIVILEGE GIVEN RAILROAD BONDS.
Mr. SMOOT. I should like to ask the Senator if he does
Fifth. In the committee bill United States bonds are not per­
not know, as I believe every other Senator in this Chamber
knows, that banks in the South and banks in the W est send mitted to be used as a basis for emergency currency notes, while
their money to New York for the purpose of receiving interest this privilege is given to railroad bonds, and language is used
on their daily balances, and also because the money can be throughout this measure by which to make effective this dis­
used better in New York than if it was left in their own vaults tinction in favor o f railroad bonds against United States bonds.
at home. A draft upon New York is good anywhere in this Railroad bonds should not have this public function, and United
States bonds should have it.
country.
(M r. OW EN . Except in panics.
Sixth. The committee bill to prevent
panic removesevery
Mr. SMOOT. It is for that reason that the money was there. limitation on the contraction of $600,000,000 of our norn
na­
Continuing along the line of the remark of the Senator from tional-bank currency, when some reasonable limit is necessary,
California, I will state that the deposits in New York by the unless by inviting unlimited contraction of this currency we
banks of the West and also the South are greater to-day than wish to prolong low prices of commodities and prevent a prompt
they were at the time of the panic, and those banks are send­ reaction from the effects of the present panic.
ing the money to New York because they have confidence in the
Mr. ALD RICH . Mr. President------The VICE-PRESID EN T. Does the Senator from Oklahoma
New York banks and they receive interest upon those deposits
on their daily balances. The New York banks should not be yield to the Senator from Rhode Island?
charged with this. The bankers in the W est and in the South
I Mr. O W EN . With pleasure.
Mr. A LD R IC H . Does the Senator think if a bap
'nd
want their money deposited in New York,
not take out $ '00
jr— Mr. O W EN . I have no special concern at this time with1 $100,000 of United States bonds it would
?
instead of taki
ut
/ what the bankers want. I think it is a matter of small con­ in circulation at a half of 1 per cent tax
cern what the bankers want, or where they send their money $90,000 and paying 6 per cent tax?
Mr. OW EN . I will answer that question. I f I und( ^and
for interest. They do send their money to New York for in­
terest and they do send it there under the invitation of our :bis bill as drawn by the committee, while, of course, any bank
notional-bank act, which requires the reserves to be kept in may use United States bonds for normal currency, yet nearly
large measure in these so-called central reserve cities, a word f a ll of our banks have their normal currency, particularly the
that ought to be struck out of our statute, in my opinion,
small banks— our western banks. They have in large measure,
many of them, up to the face of their capital, and the emergency
Mr. SMOOT. Mr. President
The VICE-PRESID EN T. Does the Senator from Oklahoma notes possible under the committee bill are only as to the
surplus. Take a bank with $100,000 capital, for instance. Its
yield further to the Senator from Utah?
circulation is $100,000 of normal notes secured by United States
, Mr. OW EN. Certainly.
Mr. SMOOT. I fully agree with the Senator from Oklahoma bonds at one-half of 1 per cent tax. And this bill denies such
in that regard. I believe with all my heart that our reserves a bank the right to use United States bonds for emergency
ought to be kept largely in the banks at home, and I offered an currency and invites the use of railroad bonds instead.
Mr. SMOOT. Mr. President------amendment here the other day for that very purpose, requir­
The VICE-PRESIDENT. Does the Senator from Oklahoma
ing them to be kept there,
yield to the Senator from Utah?
i Mr. OW EN. I agree.
Mr. OW EN. Certainly.
Mr. SMOOT. I do not want the New York banks to be found
Mr. SMOOT. I suppose the Senator has noticed the report
fault with when they should not be, and when the business men
of the Secretary of the Treasury, which shows that they only
of this country themselves have brought about the conditions
have 67 per cent of the circulation they are entitled to.
complained of.
Mr. OW EN . The New York banks, the eastern banks, and
Mr. OW EN . I am not registering any complaint against the
be banks in the big cities are the ones which are deficient,
New York banks. I am discussing a principle of finance and
he little banks in the country have very nearly their quota.
o f law on the floor of the Senate. I have made no complaint
Mr. ALD RICH . The average is about tbe same throughagainst the New York banks. I am obliged to refer to tbe New
t the country.
York banks in discussing this matter because they are the cen­
Mr. OW EN . Whether it is or not is entirely immaterial,
tral reserve agents practically to whom flow the reserves of this
he point I call attention to is that a national bank which has
nation, and when they use those reserves for speculative loans $100,000 of capital, with $100,000 of normal notes issued against <
they use them to the injury of my State and of my section and United States bonds, is confined by this bill to the $20,000 of sur- i
o f my country— the United States.
plus, if it has $20,000 of surplus, and on that $20,000 of surplus it
I have provided a carefully drawn plan in the substitute may issue emergency notes, and those emergency notes so issued !
which I propose, and in my remarks I submit a careful table shall not be issued against United States bonds, but may ba :
showing how the plan will work out which I have suggested against railroad bonds. Such a bank can not use United States !
with regard to these reserves, and I commend it to the attention
bonds for emergency currency and can use railroad bonds for /
of the Senator, because I am sure he will agree with me. I am such purpose. Am I right?
y
sure that our objects are the same, our purposes are the same,
Mr. ALDRICH . The number of banks in the United States
and we ought to be careful not to be drawn in conflict over words
that have the total amount of their circulation outstanding are
nor over the mere form of this proposed law. I have no attach­
a negligible quantity. I would not undertake to say for the
ment to form. It is substance that I w an t I want these re­
moment how many there are, but I think less than 100 in the
serves kept where they belong, so that when our cotton crop whole United States.
needs to be moved it shall move, and so that our factories shall
(M r. OWEN. You have not answered the question.
be employed and give the means of livelihood to the men and
Mr. ALDRICH. Undoubtedly, if they had the full amount of
women of my State; so that our people shall not be denied their their circulation outstanding they could not take out any
daily bread as the result of the thoughtless speculation of any­ further amount under this bill, except for tbe amount of the
body. I have no feeling of hostility even to the gambler, but surplus.
\
when we discuss principles of law we have a right to refer to
Mr. OW EN. Why does the Senator from Rhode Island evadej
those conditions which are before our eyes.
my question? W hy does he refuse to them the use of United/
I call attention to the fact that this bill refuses any relief to States bonds as to the surplus when he permits railroad bonds Y
the State banks and to the trust companies and to the savings
Mr. ALDRICH. Because, as I say, the number of banks
banks, although they occupy and control two-thirds of the bank­ which have the total amount of their circulation outstanding
ing field in the United States. What is the reason for that? is so small that it is not necessary to make an exception, in my
Look at the Knickerbocker Trust Company with its sixty-seven judgment.
millions of deposits. There was no relief possible to that com­
Mr. OWEN, It is a very remarkable exception. It Is an
pany, and yet the run on that company helped to precipitate ex
xeeption that I do not approve. A United States bond ought
the panic which locked up the currency of our great Republic not to be given second place to a railroad bond for any purpose
from the Atlantic to the Pacific in an incredibly short time, whatever, much less in a statute drawn in the Senate of the
within twenty-four hours.
J
United States. In this case, when I ask the Senator whether

V

c

1908.

CONGRESSIONAL RECORD— SENATE.

2435

in point of fact, they are really United States notes, payable
or not tlie United States bonds can be used in that instance for
by the United States in gold, as they ought to be, and are
emergency notes against that surplus, the Senator s a y s , n >
issued by the United States upon the security of first-class bonds
the United States bonds can not be so used, and I ask him why.
as collateral, 10 per cent in excess of the value of such notes,
Mr. ALD IU C H . I tried to answer.
and upon the further security of being a first lien on the assets
Mr. O W EN . The effort of the Senator from Rhode Island
of the bank to which they have been loaned by the Treasury
to answer was a failure. The answer is insufficient.
g
jof the United States.
gestion that United States bonds can be ^
dilation is no reply to the question why United States bonds : The issue of these Treasury notes in this form is objection­
can not be used for emergency circulation when railroad bonds able, first, for the reason that the note which pretends to be
a national-bank note is really a United States note while it
are given that preferential distinction.
.
.
Seventh. The committee bill to prevent pamc makes no pro­ 'simulates the form of a national-bank note.
I do not like the pretense, and if these emergency notes are
vision for forbidding national banks tying up thei
made “ circulating notes of national banking associations,” so
in speculative loans, which was notoriously one of t
P
as to justify section 7 in the sweeping provision that all “ cir­
tant factors in the recent panic.
culating notes of national banking associations” shall be re­
Eighth. The committee bill to prevent p a n i c makes n p
deemed in “ lawful money ” instead of exchangeable in United
. vision to prevent improper loans by active bank■ o
>
-States notes as provided (sec. 3, act June 20, 1874), I think the
themselves, which practice proved one of the we ; plan is unnecessary.
' contributing causes that precipitated panic m Isew
I should favor section 7, without regard to the emergency
ness, the Morse banks and allied Institutions.
.
notes, because it is of the greatest importance that every dollar
Ninth. The committee bill to prevent panic is defectne because which is used in our country should have the same purchasing
it does hot make a proper provision for the ™
knowl- power in the market and should be the equivalent of our na­
actual cash reserves in the manner which our* P
re_ tional standard, the gold dollar.
edge justifies and requires. It leaves the prese t
But I very seriously object to the issue of these notes under a
serves uncorrected.
, ,
^ Q ,A
T 11<rh pretended form of being national-bank notes, when, in point of
; Tenth. The rate of interest of 6 per cent
hard y | t hf)I)fls fact, they are not national-bank notes, but are United States
>:o insure and compel prompt retirement. (Six p
notes.
, you Id be used without loss and inflate the currency
P
Mr. President, I object to section 6 of the committee bill,
of their value without cost and with profit in some I
give which amends section 5172, for the reason that the issue of over
.. country.) The tax on emergency currency should be pr g
six thousand different forms of so-called national-bank notes
.and high enough to enforce its prompt contraction.
(really United States notes, redeemable In gold) does not de­
Eleventh. Above all, Mr. President, the committee oil
1
pend upon the solvency or the insolvency o f the bank of issue,
vent panic is most seriously defective because it P
Q but depends upon abundant collateral required by law to be de­
plan of Insurance to the depositor of the nationa
posited with the Treasury o f the United States.
the lack of such assurance permits the fear of t
P
This cumbersome, irksome, awkward, unreasonable method
to be excited and thus engenders national panic.
would require 6,600 varieties of engraved plates, expensive to
In discussing these objections, Mr. President, I
make, to keep, and to use.
with the greatest brevity consistent with clearnes .
It would require accounts to be kept with 6,600 banks as to
their emergency circulation outstanding. It would require many
raorOSED ISSUE sh o u l d n o t b e l im it e d in a m o u n t .
extra employees and cause large unnecessary expense.
First. The first objection, Mr. President, which *,iin^ n e d v ^to
I f the emergency money consisted simply o f the United States
committee bill is the limitation of the proposed
Fin‘.mce notes, but one form of plate would be required and confusion
$500,000,000, when the chairman of the Committee on * 1
and expense would be avoided. The administration would be
has himself submitted figures showing that $ 467;OM,000
I 9^ comparatively simple and economical.
Mr. President, the reasoning of the chairman of the Commit­
lie money, clearing-house certificates, checks l
pirculaused for currency, and compulsory additional ha *- ^ t0 tee on Finance is entirely insufficient to justify any such cum­
tion and forced gold importations were required in tne en
bersome method. His reasoning is as follow s: *
control in any substantial degree the last panic.
^nairThe majority of the committee were of the opinion that farther Issue
Mr. President, the gross estimate of these issues by
used of United States notes at this time would establish a dangerous prece­
man is too small. There were a great number 0 .
„omMne< dent, and that the approval of their issue, even for temporary and lim ­
J
lead ultimately
for a continual
of which there is no record, and all of these f em^ e®
disaS- ited purposes, wouldissue whenever a to a public demand could be found.
enlargement of the
reasonable pretext
really failed to prevent the United States having the most ai
In other words, Mr. President, the only justification for this
trous panic in its history.
, . -1007 to
A greater volume than $500,000,000 was required in lW i
cumbersome and unreasonable method is the fear that this
control this panic.
. nlr~
place of emergency currency, if issued as United States notes, although
W e are now proposing a remedy which shall tak
,
, en. the law be so drawn that such emergency notes can never be­
clearing-house certificates, of private checks, ®l 0tinn and of come a part of our permanent circulation, nevertheless might
largement o f normal national-bank note circu <
»
dy “ lead ultimately to a popular demand for a continual enlarge­
forced gold Importation, and when we do provi.lettto r e m «J ment of the issue.”
we ought not only to make it large enough,
we
I confess, Mr. President, that I see no reason whatever to
volume demonstrated to have been necessary i
’ banking fear the occasional use, once in ten years, o f this emergency
should remember that in another twenty yea
in tbe currency. It never would be used as a matter of fact, I agree
capita], if it continues with the same average g
twice with the argument of the chairman of the Committee on
future which it has in the past, will be far i*
f B * e d y of Finance in that respect, that these emergency measures hardly
r
what it is now, and the proportionate d®“ aa^
wbat it was ever will be used at all, because when you have the remedy
this character may on some day be more than
remedy, provided and safety assured the clanger would not occur, and
in 1907. We, therefore, should put n o .lim it W * t h i s remedy, there would be no substantial use for any o f these notes; but if
for the substantial reason that it violates sou
remedy itself they were used once in ten years, in case of some threatened
immediate experience to limit the remedy.. Tbe m m My :n x
financial disaster, that would certainly not lead to any popular
Involves the Government in no responsibility.and rea. y j ag demand for the enlargement of the issue, provided the emer­
vides a substantial profit to the Government, j
sl]T)p]y for gency issue arranged in the first ease is found large enough
it may be utilized. Why should we limit
SUPPW^r when put to future test.
The intention should be to make it abundant enough in the
extinguishing a national financial n f^ n r o f it a b le *to the public
not only costs us nothing, but will be pro
first case, and there can then be no excuse whatever to make it
more abundant. I f we do make it abundant enough, then no
^"second. The second objection I
i f j e f t h e enlargement is desirable by anybody.
provides that these emergency notes shall be^iss
by gec.
If this were an addition to our normal circulation, there
form and pretense of being u a o m
.
unquestionably might he force in the suggestion, but it is not an addition to our
tions 6 and 7 of the comnuttee M l “ Y ts ^ u lT a le u t, at the ordinary normal circulation and will probably never be needed
United States notes, paynblI * a
° £ ouid require 6,600 dif- hereafter at all, for the reason that the existence of the remedy
Treasury. The plan of the committee woom^
^
Engray. will remove the fear of the people and make its actual future
ferent plates to be used by W
‘and we should go through use entirely unnecessary.
And there will be hundreds of these banks whose emergency
Za b s n r S t f S i l l t o g these notes national-bnnlt notes, when,




C O N GR ESSIO N A L RE C O R D — SE N A T E .

F ebruary 2 5 ;

noios are printed and put in the subtreasury that will be out
fear of the people of the United States or of their conserva­
of business before an emergency will ever arise again in this tism. I hav e no fear that they will ever make the gross error
country. I greatly hope that we shall not have in this century of issuing any promise to pay, whether in the form of a Treas­
another panic.
ury note or of a bond, which they will not be abundantly able
I believe that the sovereign right of issuing money belongs to pay according to the strictest letter of the contract.
exclusively to the United States.
I do not agree with the opinion that the so-called “ nationalI regard the present national-bank note not as a national- bank note,” supposed to be issued by the national banks is in
bank note, but as a United States note issued through one of its fact any grant of the sovereign power of issuing money to the
agencies. The United States is responsible for the national-, national banks. The actual issue of these notes is in every in­
bank note on the honor of its own bond, and, in my judgment, it stance made by the United States, and controlled by the United
would be well to retire these national-bank notes and issue in States in the minutest particulars.
lieu thereof Treasury notes, payable in gold, at the option of
States in this national-hank note issue merely
the holder. This is what the committee bill does in fact, be­ uses the national bank in whose name the note is issued as a
cause it makes these notes of emergency, as well as the na­ medium for the issuance of the note.
tional-bank notes now outstanding, payable “ in lawful money ”
those national-bank notes were immediately withdrawn
on demand to the holder, which means legal tender, which
the United States
liea thereof’ ** would save
means gold or its substantial equivalent.
d the, People of
United States
I call attention to section 7 of the committee bill, which amount o f M S i f S n S annually now paidthe net interest on the
amount of $9,000,000
in
the
makes all of these outstanding notes practically redeemable bonds held in the vaults of the Treasury for the safety of these
in gold. So my suggestion has no further reach than that which pretended national-bank notes. The whole plan of issuin* these
is contained in the committee measure.
+
IKdeS wbicb are now in our permanent circulaSince they are to be made payable in gold by this committee tion appears to me merely a device for giving to the 6 600
measure, why should not the United States substitute for all
w o n )2 per cent aSUiea, precisely by the 1 per cent
S
these national-bank notes, now outstanding Treasury notes, S S $000,000,000 2 Pr° flt T ,bonds less the one-half ofInterest on
payable in “ lawful money,” as provided by section 7 of the
committee bill?
*1
be Sai- ^
d
tllis quaIity of beinS used for the issuIt will not do to say that the country could not conveniently
T ^ S^
Value of these bon^s* b» t i f the bonds
absorb so large a volume of Treasury notes. It has already were
their value1 eX stence there would be no occasion for raising
absorbed precisely the same volume of national-bank notes with­ “
out difficulty and which have not heretofore been redeemable
th? method of issuing national-bank notes
in “ United States notes,” but are made by the committee bill
redeemable in “ la w fu l” money, which means redeemable in vK. tT Uaited States bonds seems to me absurd. For example,
-re!!!lent’ when tbe financial bill passed in 1900 if I had
money having a legal-tender quality— that is, in gold coin, in
AAAn/iue Datl0naI bankinS business, and had had a capital of
r
standard silver dollars, subsidiary silver, minor coins, or in
i L could have converted my capital into national-bank
United States notes and Treasury notes of 1S90.
notes and thereafter I would have received from the Treasury
I believe that every dollar of the United States should be legal
tender, especially the gold and silver certificates, and that there J r .— : United States 1$ per cent net on $1,000,000 for having
oanedm y valuable money to the Treasury and issuing a similar
should be no evasion of this principle. The United States has
amount of currency in my name of the same value. This means
the power and credit to make every dollar used as currency
the equivalent of the gold dollar which we have made our a net bonus of $15,000 per annum for $1,000,000 of inflation,
rNm system means $9,000,000 a year bonus for $600,000,000 of
national standard.
inflation. This 2 per cent in the instance cited would thus
W e have in the United States Treasury $150,000,000 gold as
make me an income of $20,000 a year, less a tax of $5,000, which
a reserve fund, but we have in addition to that over one thou­
rne people of the United States are compelled to pay without
sand millions of gold and silver (on bullion basis), against any consideration.
which there are outstanding gold and silver certificates.
Mr. President, I think that this reserve fund of one hundred firn.nn Pa£S tbe biI1’ Mr‘ President? It is very largely the
producer whose lack of intelligence appears ‘to be
and fifty millions should by statute be added to by the gradual
retirement of the gold certificates, issuing Treasury notes in lieu (W i i ? n never t0 disc0yer it: nor to complain; it is the proSiai8St s J ° pay tbis tax of nine mil,ions a year and this
w?
of such gold certificates when they come into the Treasury, and bix
adding the gold thus released to the reserve fund in the division in iirifo collected from them or from the proceeds of their labor
/j V vaatever concrete form it may present itself. I do not think
of redemption.
The effect of the present gold coin in the Treasury, with the heiteS • lef lslatl0n- 1 do not think it a necessity and I do not
gold certificates outstanding, is to provide an enormous fund banffif ln taxmg those who are weak and ignorant for the
uenent and privilege of those who are rich and powerful.
of gold, amounting to $815,000,000, which is available for the
f . ; certainly do not believe we should enlarge the issue of na*
use of those who wish to have gold coin.
omu-bank notes, so called, or that the urgent necessity of
This demand could be easily supplied through United States
emergency currency and relief from panic should be used as a
notes payable in gold, and instead of $815,000,000 gold certifi­
pretext for enlarging such so-called “ national-bank currency.”
cates there would be $S15,000,000 United States notes secured
by an additional reserve fund of $815,000,000 of gold coin. We| D » I P G STA
E
TH BANKS AXD trust companies emergency notes and
should then have about one thousand million of gold with which
banks severel*
to redeem a smaller amount of Treasury notes, and this great
fund of gold would go far to impress the nations of the world
Third. A s to the third objection which I submit to the com­
with the financial strength and power o f this Government. It mittee bill, the various limitations which it makes by restricting
would then be an asset of onr Treasury. It is now a liability.
H n v f + i t SeS
banks» and the extent to which banks are perOf course the Treasury notes outstanding would be a lia­ mitted to obtain these emergency notes, I wish to call attention
bility also; so that after all it comes merely to a question of
TUe tact that these emergency notes are better protected
form. In the present form of our gold notes, they serve a man our normal national-bank
distinT i
v
7 7 °;
“ J
“f
77
uuimai nauonai-Dank currency, which the distil
useful purpose and practically constitute a gold buffer between? gmshed chairman of the Committee on Finance declared tn
onr redemption fund of $150,000,000 and any demand what­ n s i w i o* gold.
rerteirmfion fnrm nf
u
uu rAuailt;e aeemrea to c
our
as good as
ever for gold. So the available gold in the Treasury for com­
merce— the eight hundred and fifteen millions— is available ;i 0( " L \ Il\ President’ wby sbould a national bank be deniei
£?
° l Protection against panic merely because it has no
before there is any use whatever in touching our $150,000,000 ou per cent of its own notes outstanding? Does it strengthen t
of gold reserve.
‘
measure of notes outstanding than if i
Our national bank notes outstanding would make $600,000,000 had a smaller liability of this character? Evidently n ot
of Treasury notes additional, or a total of $1,400,000,000 Treas­
National bank, furnishing the proper collateral
ury notes, every dollar of which is urgently needed for our
oe limited in the amount of emergency notes it is permitted t
daily commerce, and which for that reason would not be pre­ receive in time of panic? Much less should it he penalize<
sented for redemption. Against these notes of $1,400,000,000
for its conservatism, and punished because it has not issue*
we would have in available gold about $1,000,000,000 in coin oO per cent of its capital in its own notes.
and bullion, or 70 per cent gold reserve, nearly double the
(&) W hy should a national bank, which has not 20 per een
usual reserve of the Bank of England.
W e would save
surplus, be denied this right of protection against panic, mere]’
$12,000,000 a year in interest on the bonds retired.
tor this reason, when such a bank is able to furnish first-elasi
Mr, I resident, I am not one of those who have the slightest
collateral, 10 per cent in excess of the relief proposed?




V

1908.

J

CONGRESSIONAL RECORD— SENATE.

2437

opment. This distrust may endanger, and does endanger, any
Wliy should it be denied emergency notes essential to its we
bank and any enterprise.
fare when the relief puts the Government in no danger whal
It is a deep disgrace and dishonor to this Government that
ever, and is serviceable to the Government itself to the extent
of an interest charge of 6 per cent, and when the propose® such a condition of peril should exist under our statutes, and I
remedy may be of the highest importance to the welfare anf shall not he a party, Mr. President, to its continuance.
Indeed, I wipe my hands of any responsibility, because eight
safety of some industrial center, or to the safety and commer­
cial stability o f the United States?
I years ago I caused an adequate remedy to be offered to the
- There can be no good reason, Mr. President, why this reliel chairman of the Committee on Finance and to this honorable
should be denied, and there is no good reason for any such lim­ body, and it passed unnoticed. And now that I repeat the
suggestion, as a Member on this floor, I pray the interest, the
itation.
. , ..I
The committee will not pretend and does not pretend tnag attention, and a proper action on the part of the Senate of the
the value of these emergency notes is due to the credit of the] United States.
(d)
Mr. President, the committee hill puts a further limitation
bank to which such notes are advanced, but the safety ot such:
notes depends upon abundant collateral of first-class bonds re­ upon the proposed relief. It proposes that the emergency notes
shall be issued only proportionately to certain States of the
quired by the Government before such notes issue.
The Government makes an actual profit from such emergency Union. I f California were in great need and the balance of the
notes, and no one will seriously contend that any loss from such country were in no need whatever, the relief afforded California
would he equivalent to its proportionate part, although the bal­
issue of emergency notes is possible.
(c) Under the committee measure, if a natioual bank has a ance of the country was not in any immediate need, or about onegross amount of notes, normal and emergency, equal to the fortieth part of five hundred millions, approximately, or about
capital stock and surplus of such national bank, it is then twelve millions to meet another financial earthquake.
Mr. FLIN T. Mr. President------ denied any further relief in the way of emergency notes.
The VICE-PRESIDENT. Does the Senator from Oklahoma
For what reason, Mr. President, is this limitation imposed.
Such a bank offers abundant collateral in first-class bonds and yield to the Senator from California?
Mr. OW EN. Certainly.
makes the Government secure; and it offers the Government b
Mr. FLIN T. I will ask the Senator this question. If the
per cent profit.
The relief sought by such a bank may be of serious impor­ financial troubles were purely local, as the Senator mentions,
tance to some manufacturing center; may be of serious impor­ referring to my own State, would there be any difficulty in his
tance to the stability of the commerce and of the success and opinion in banks in the State of California obtaining all the
money they desired from other States of the Union, from other
happiness o f the business men of that immediate locality.
Since the Government is safe, and since the Government will financial centers?
Mr. OWEN. I think not.
***
make a profit, why should such a bank be denied its most rea­
Mr. FLIN T. Then why is there any trouble about limiting
sonable demand?
^
\
the amount to my State or any other State to the sum of $12,Under this proposed limited remedy the great National Bank!
000,000 on the proposition that a local condition exists, as far
of Commerce, of Kansas City, run to its death recently by an
as the financial situation is concerned?
unfounded suspicion, would be limited in emergency notes obj
Mr. OW EN . I think it ought not to be lim ited.___ ....
tainable by this bank to $2,000,000 (its surplus), and yet this
Mr. FLIN T. I will ask the Senator what objection there is
same bank had on hand nearly $7,000,000 of bonds, $14,000,000
to limiting it when it is a local proposition. The banks can
of cash, which includes accounts with other banks, of course,
draw money from other centers at a less rate of interest than
and deposits of $35,000,000. Their loans and discounts were
. the 6 per cent required under this bill.
only about 50 per cent of their deposits, and yet they were
/ M r . OW EN. You are not providing merely for local, but for V
ut
driven to ruin by the baseless rumor of a circular letter qnes
^general panic. I f you put a limitation upon the issue you |
e
tioning their solvency.
weaken your opportunities when you are making provision
vision
This magnificent institution paid out $18,000,000 before clos­ against a general panic. You are making provision against
ing its doors against a panic and a run that was absolutely such a situation as we had in 1907, when, on October 26, the
senseless and idiotic.
panic swept from one end of the country to the other suddenly,
The institution, I am thoroughly satisfied, is solvent to-day, and in making provision it should be made as broad as possiand no question could ever have justly arisen as to its conserva­ \ble with no limitation to the sum of $500,000,000.
__
tive management, except from the envy and malice of enemies.
Mr. FLIN T. As a panic sweeps across the country, under
And yet under this hill this institution, with assets of $40,- this bill, as I understand it, starting with California, in each
000,000, would not be allowed emergency notes on good bonus locality they would be issuing their money until under the bill
for over $2,000,000, even if their necessities compelled them to the fu $500,000,000 had been issued.
full
have $17,000,000 more to pay their depositors in full.
Mr. OW EN. Well, I will answer that by stating just w hat''
If it had been known that the National Bank of Commerce has occurred recently. Here was the case. I f you will observe,
oc
could have obtained emergency notes on good bonds the depos­ the national banks and all other banks issued clearing-house
itors would never have made the run, because the only rei^®0“ certificates, issued cashiers’ checks, and issued these various
the depositor has for drawing his money out is the fear that devices to the amount of hundreds of millions for their own re­
he can not get money in case of his own necessity.
lief. These various banks resorted to that practice which we
The bank of which I had the honor to be president ten years are told by the chairman of the Committee on Finance will not
withdrew from the National Bank o f Commerce over $150,000 be endured again; that the country will not stand it another
in a few days because of this terrible rumor, which was spread time— although the country will, all right. The country will ]
broadcast by a circular letter. W e knew it meant the rum of stand it and will thank God that the banks violate the laws of }
that bank and that we were not strong enough to sustain them this country, as we all have done heretofore. When the New 5
against the hurricane of panic.
York banks, the Boston banks, and the Philadelphia banks
I confess I was ashamed of the transfer, and yet if the de­ issued clearing-house certificates, we all knew it was a viola­
posit referred to liad remained it would have made no difference tion of the law, and we thank the good Lord that they had the
in the result.
'
nerve to violate the laws as they were written; and I, for one,
But, Mr. President, an opportunity Is afforded me now to in­ commend them for it, as I would commend the suspension of
sist upon a remedy broad enough to protect a like institution in habeas corpus under sufficient public danger or a vigilance com­
tlie future against the terrible danger of panic, and I deem it a mittee when common sense requires it.
But in such a panic as this last, if there were to be no other
, serious duty to insist upon the fullest measure of protection,
because the welfare of the banks, the stability of our national relief than this measure proposes, New York would be confined
commerce, depends upon it. The harm done to the Southwest by to a hundred million dollars, a sum entirely insufficient to con­
the closing of the doors of the National Bank of Commerce can trol a panic there. When a panic starts in New York it ends
not be measured by the few millions involved in the closing of in San Francisco, and the time to stop it is when it starts It
this bank. The confidence of the people for the future in the is precisely like a fire which starts in a block of buildings
stability of our institutions has been tremendously impaired by When the fire is starting is the time to put it out and to use
this wreckage of what was regarded the most conservatively a sufficient amount of water then and there to extinguish the
managed bank in the Southwest. It avails nothing to say that conflagration, which would never be extinguished by applying
the wreckage of this bank was cunningly contrived by enemies a little water at different places along the line
°
who wanted the deposits of this institution. The terrible fact v Mr. FLINT. Mr. President—
is, our people are thus taught to distrust the strongest, and dis­
The VICE-PRESIDENT. Does the Senator from Oklahoma
^m nom a
trust and suspicion are deadly enemies to our growth and devel­ yield to the Senator from California?




2438

CON GRESSIONAL RE CO RD — SEN A T E .

F ebkuaey 25,

Mr. OW EN . The chief mischief is through the public press
Mr. OW EN. Certainly.
Mr. FLINT. The proposition as stated by the Senator from sent by mail, but, nevertheless, for full measure, I will accept
Oklahoma I would answer by saying that, if the New York the Senator’s amendment. But what I want to say is, that in
banks had been able to issue a hundred million dollars when this proposed substitute the New York Stock Exchange can not
the panic started, so far as the New York situation is con-, avail itself of the reserves of this country hereafter, as it
cerned it would have been settled immediately. The next day has done in the past, provided that the Senate and House of
or the day after it followed in Pittsburg, and if Pittsburg could Representatives give approval to this substitute I propose, which
have issued its proportion of money as provided in this bill it> prevents the deposits of the banks being used for gambling
would have stopped that panic in Pittsburg. Then it would' purposes.
have crossed, as it did, to Chicago, and it would have stopped 1 Mr. TILLM AN. But I was calling attention to the fact that
it there. Next it would have stopped the panic in Kansas City, the Senator is allowing the New York banks to issue $500,and the situation would not have been that a great bank in 000,000 in emergency currency; that it would not be emergency
Kansas City would have been closed for the reason that at at all, but it would be simply giving those buccaneers and
the time the panic had reached Kansas City it would not only pirates over there the opportunity to inflate the currency ad
have had the aid of the $2,000,000, but those other cities would libitum, then suddenly collapse or contract it and run prices
then have been able to respond and to send money to Kansas up or down to suit their speculative purposes.
City to save that bank from closing its doors, which should not £ Mr. OW EN. If the Senator will only permit me to answer,
have been permitted. Then the panic would have been con­ 1 will be glad to do so.
Having taken these precautionary steps to prevent the na­
tinued from the eastern end of the country until it reached my
own State, as the Senator has said; and by that time this sum tional banks from using their depositors’ money for the making
of $500,000,000 would have been issued. As stated by the of these speculative loans, I call your attention to the fact that
Senator in the commencement of his remarks, the fact that the the New York Stock Exchange can not, for their own purposes,
people of the country would know that the emergency had been expand the currency through the banks for such uses. That is
met in each one of those cities, the panic never would have a complete answer to the suggestion which has been made byj
-J
spread across the country, but it would have stopped after it the Senator from South Carolina.
Mr. TILLM AN . Then we will have to take the whole bottle
reached one or two cities.
2**- Mr. OW EN . I am in entire sympathy with the spirit of the of your remedy at once.
Mr. OWEN. Yes. And I want you to do it. That is what J
f argument of the Senator from California, and I will agree with
am on this floor for.
him that California, Arizona, New Mexico, Colorado, Missouri,
Mr. SMOOT. Mr. President------and the other States of the Union each ought to have what they
The VICE-PRESIDENT. Does the Senator from Oklahoma
require; but I differ from him in the idea that New York ought
to be denied if she requires more than this bill provides. I yield to the Senator from Utah?
think New York ought to have all that she wants and that £ Mr. OWEN. With pleasure.
Mr. SMOOT. I should like
the
nobody ought to be denied.
J homa if the national banks of to askYork Senator from Okla­
New
are prevented from
Mr. TILLM AN . W ill the Senator from Oklahoma permit me?
making loans upon stocks which are quoted upon the stock
The VICE-PRESIDENT. Does the Senator from Oklahoma
board in New York, where are they going to loan their money,
yield to the Senator from South Carolina?
and how are they going to loan it in order to make interest
Mr. OWEN. Certainly.
upon it?
Mr. TILLM AN. I understood the Senator to make a vicious, f Mr. OW EN. I would suggest that they lend it to those
fierce, and justifiable attack upon stock gambling in New York. industries of this country which are now paralyzed and dead.
Am I correct?
Mr. SMOOT. I will say that before the panic began— and I
— Mr. OWEN. I think stock gambling should be controlled.
fully agree with the Senator as to why it was brought on—
Mr. T IL L M A N .. Agreeing with the Senator’s view in that, and any industry in the United States that wanted money very
in urging anybody and everybody who can do so to suggest a
easily got all it needed, and not only did the banks loan money
remedy that will be adequate, I want to ask the Senator this for such industries, but they made loans and took as security
question: I f his policy should be followed, of allowing New for those loans those stocks to which the Senator now objects.
York to have all the currency she sees fit at any time she may
I have wondered, so long as money is to be placed in New York,
say she needs it, and New York inflates the currency two or
to whom the banks would make loans if the law should prevent
three or five hundred millions of dollars, thereby putting prices
them from taking stocks as securities.
up, so that the stock gamblers will have an opportunity to un­
Mr. OWEN. I will suggest that they might use such funds
load on the lambs or innocent purchasers, and New York turns
around in one night and contracts the currency by five hundred for the purpose of promoting commerce, and not for promoting
^
millions, what happens then? Do not all those poor wretches gambling.
Mr. SMOOT. Mr. President------go to the devil? [Laughter.] In other words, the Senator is
The VICE-PRESIDENT. Does the Senator from Oklahoma
arguing against his own contention. In one part of his speech
he argues admirably from my point of view, and I agree with yield to the Senator from Utah?
Mr. OWEN. Certainly.
him entirely, and then he turns around, and in another place in
Mr. SMOOT. I believe‘the Senator has had some experience
his remarks he seems to have lost sight of his previous argument.
in the banking business, and I suppose he has passed on a good
Mr. FLINT. Mr. President------The VICE-PRESIDENT. Does the Senator from Oklahoma many loans— that is evidently so from his remarks here to-day—
and I believe he will say that, so far as loans are concerned,
yield to the Senator from California?
if these stocks were put up as collateral security for such loans
— Mr. OWEN. After I shall reply to the Senator from South
they would be just as safe loans as a bank could possibly make.
Carolina I will yield to the Senator from' California.
Dpes not the Senator think so?
Mr. FLINT. Very well.
./M r . OWEN. I will answer the Senator from Utah by saying
Mr. OWEN. The Senator from South Carolina [Mr. T illthat undoubtedly a good stock is good collateral, and it is an
t m a n ] asked me a question and I wish to reply to it. In the
f measure which I have proposed the national banks, which carry (advisable collateral for these loans where they are legitimately
the reserves of the country in New York, are forbidden to lend .made. The prohibition which I call attention to is a prohibi­
that money for the making of speculative loans in the stock ex­ tion of loans for speculative purposes.
change. In the bill which I introduced to-day as an independent f Mr. SMOOT. Mr. President, I agree with the Senator from
measure the quotations of the stock exchanges, until they shall Oklahoma so far as speculation is concerned.
.
you
have been approved and placed under the supervision of f Mr. OWEN. Then y< agree with me all the way through,
proper safeguards by the Department of Commerce and Labor, /because that is the only contention I make.
President------.........................
— T Mr. FLINT. Mr. Pre
are not to be admitted to the mails.
The VICE-PRESIDENT. Does the Senator from Oklahoma
Mr. TILLM AN. What about the telegraph?
Mr. OWEN, That is another question. W e can not manage ’yield to the Senator from California?
Mr. OWEN. With pleasure.
all tlie earth at once. I f the quotations are under proper con­
Mr. FLINT. I should like to ask the Senator from Oklahoma
trol before entering the mail, and gambling prevented, the
whether he simply limits his prohibition to
telegraph is not important.
, wnether ne simply limits ms prommiiuii to speculation in the
Mr. TILLM AN. I know; but the stock market quotations go stock market of W all street, and does not limit it throughout
by telegraph and not by mail. Most of the speculation is done the country; to speculation in town lots and cattle, as such
speculation goes on in the western States? There is just as
by telegraph.




V

1908

CONGRESSIONAL RECORD— SENATE.

2439

much speculation in stock, cattle, and town lots carried on by stock exchange in New York, would you, under your arrange­
means of loans made by tbe banks as there is in the city of ment, decline to allow a loan if the party brought good security?
\ Mr. OW EN . Not at all if the customer is going to buy th e\
New York on loans made there on stocks and bonds.
Mr. O W EN . So far as this bill is concerned, I would not stock for investment. I f he is buying it for the purpose of !
propose to control the gambling at a faro table, or roulette or gambling, I would.
Mr. H O PKIN S. Suppose he was buying that stock and pay­
any ordinary gambling device, which amuses and robs men;
but when this gambling is of a nature to cause a panic, to ing for it for the purpose of a rise in the market, would you
paralyze the commerce of this country and destroy our business then refuse the loan?
Mr. OW EN. Undoubtedly, when he borrows money for his 'i
stability, so that an honest, hard-working man ^is unable to
'
make his livelihood, it is high time to draw the line; and it is gamble on “ a rise in the market.1
Mr. H OPKINS. That is what I wanted to know.
for that purpose, and that purpose alone, that I have offered my
Mr. OWEN. Well, the Senator knows. [Laughter.] That is
substitute. It is not on account of banks or bankers. I am
hot considering primarily the banker or the depositor; I am the very thing that the banker ought to be forbidden to do.
considering the men who earn their daily bread for themselves, This thing of making the market go up and making the market
their wives, and their children by the sweat of their faces, go down is the means by which this country is being robbed
continually. Take r
and who now walk our streets by countless thousands, bavin
ana
oy
u io u s a u u s ,
;Jthe stock . , . 77it 7 now and as it has
“ market as : is
". 7 .
.
/
been driven out of employment as the result of this g a m b lin g /been for the last seven y e a r s-a n d I will submit a table m the
course of mv remarks showma the fluctuations m these stocks.
my
showing
In
""
* '
^
O W all street
il
Take such a stock as Amalgamated Copper, which was at 130
Mr. H OP K IN S. Mr. President------The VIC E-PR E SID EN T. Does the Senator from Oklahoma at one time and down to 33 at another time, used for the purpose
of being a sponge, which has its filaments extending out through
yield to the Senator from Illinois?
the country to every little hamlet, and coming to------(Sir. OW EN . W ith pleasure.^
Mr. H OPKIN S. Oh, no, Mr. President------Mr. H OPKIN S. I wish to ask the Senator this question in
Mr. OWEN. I f the Senator will wait a moment until I get
order to understand his position. Is it the Senator’s idea when
through------a customer comes to a bank to borrow money that the bank
Mr. H OPKIN S. That does not touch the subject at all.
should decline to lend it unless the man makes affidavit that he
Mr. OW EN. I decline to be interrupted.)
is not going to use it for speculative purposes?
Mr. HOPKINS. That does not touch the subject------[ Mr. O W EN . I have been long in the banking business, and I
Mr. OW EN. I decline to be interrupted.
W i ll answer the Senator.
The VICE-PRESID EN T. The Senator from Oklahoma deM r. H O PKIN S. That is what I asked the question for.
dines to yield.
„
f
Mr. OW EN. I will answer the Senator’s question. I say
Mr. OWEN. It is just like a huge sponge, with its filaments
/ that any banker who is. a prudent banker ought to know the
’ extending along the telegraph wires, going to every little village,
/ business of his borrower. He ought to know where that money '
connecting with every little bucket shop, and persuading the
\ is going. He ought to know that the money will be returned.
immature youth of the country, unlearned people, and women to
I I f he knows that that money is going to be used in a diipan e
go in and buy a little stock on the proposed rise, inducing them
business, in a dangerous transaction, in a business that is harm­
[to gamble away their property, and when the market has gone
ful to the country, it is his bounden duty, as a patriotic citize
up to a high price it is then put down, down, down until
in the first place and as a good banker in the second place,
they are frightened out of their foolish wits, and those more
say to the borrower: “ I want to know where you are going
learned, richer, and more skillful and unscrupulous than they
use this m oney?” I will say more, that if this bill is ameni
,
accumulate and cash in their property, not to the extent of a
as I think it ought to be, it will become the legal duty- or rue
few hundred dollars, as on a horse race, but to many hundreds
yb a n k er to so inquire.
.
of millions, and, I believe, to the extent of thousands of mil] ions.
Mr. H OPKIN S. Well, then, the Senator’ s position is, tnar
Mr. H OPKINS. Now, Mr. President— —
—
in every instance the banker should know before be lends
The VICE-PRESID EN T. Does the Senator from Oklahoma
money passed over his counter to the customer what tna
yield to the Senator from Illinois?
tomer is going to do with the money?
-T
Mr. OW EN. W ith pleasure.)
-Mr. OW EN . He should know that it is not going to be useu
Mr. H OPKIN S. The Senator from Oklahoma has created a
( in the gambling business.
,
bogeyman that has no relation whatever to my question. My
Mr. HOPKIN S. Is it the Senator’s position that the nankci
proposition was as to whether he would refuse to make a loan
should know before the money passes over the counter ro me to a party that desired on the stock exchange to buy stock and
customer that that customer is going to use it for some pi
bold it, or to buy Government bonds or municipal bonds or any
pose which the banker thinks is a legitimate business.
other kind of bonds. That is what I wanted to know. The
/ ''M r . OW EN. The question the Senator asks ingeniously em- Senator runs off on another proposition that nobody defends.
I braces within its scope a multitude of immaterial proposi 1 •-j
Mr. OW EN. I am glad that nobody defends it ; but I want
\ [Applause in the galleries.]
. h thA to say to the Senator from Illinois that there is a wonderful
' The VICE-PRESID EN T. The Chair must ndmonisn im_ number of people who practice it.
occupants of the galleries that applause is not allowed
Mr. H OPKINS. They may in Oklahoma, but it is not so in
the rules of the Senate.
..
my section of the country.
Mr. H OPKIN S. A suggestion of that kind by the benavor
Mr. OW EN . The Senator’s observation is more humorous
from Oklahoma does not answer my question at an.
than exact.
proposition I make is a clear one. The Senator has been < &
If the State of Washington needed immediate relief the limit
ing that this money must be used for legitimate Pl2
.rP°' •
under this bill would be approximately about four millions;
order to make this perfectly clear to the Senate, l asv
y
Oregon might possibly obtain two millions; Idaho might pos­
question so that we might know, and the Senator c
^ y
sibly obtain one million; Maine and New Hampshire or Ver- i
Whether or not that is his purpose and understanding.
mont or Rhode Island might receive a benefit of two millions, 1
Mr. OW EN. I have already answered the Senator tD a irw
and the forty-six States an average of about $11,000,000 only
question embraces a number of immaterial matters,
obtainable through the difficulty of as many hurdles and ob­
he asked in fact whether the banker must know precise
structions.
is going to be done with the money, notwithstanding
‘
It is true that, in case States contiguous might not within a
} that under this bill, if it becomes a law, as I propose, the Dante
certain time demand a similar relief, the relief may be extended*
I would be required to know in fact that the money is not g S
to the banks of the applicant State, but the relief against panic
(in to this form of gambling. The only question he w
In order to be effective ought to be instantaneous, just as the relief
concerned with under the proposed statute would be
offered a burning building should be by the instantaneous appli­
or not this money was going to be used in violation of a .
cation of w ater; it serves but little purpose to offer water to a
of the United States. That is the question that wm be be
building after it is fatally involved.
him. But when the Senator asks the question whether
While the intention of this limitation of a proposed remedy to
banker must know precisely what is going to be
„nend
States is evidently good, its purpose appears to he upon t h l
nroncy which he lends,now
he°puts into h i question | theory of giving each one of the children a piece of pie of the
for groceries, and how much foi drum, ne yum
1
^
same relative size. This conception of the equitable distribu­
immaterial matters.
. . __
tion of a remedy of this character contains a very serious error,
Mr. H OPKINS. Oh, Mr. P re sid e n t, my
a tor
because the principle which should control emergency currency
comnrehend th a t a t a ll. T h e q uestion 1 p u t to th e St ato
bru it mi i m i a i « •
.
Suppose th e cu stom er w ho
is the same as the principle of applying water to one of a nu m l
is an e n tire ly d iffe re n t proposition. V"1 ';’ c , , +hrrm
’1
c,h +h.
The
goes to y o u r -b a n k d e sires to b u y ra ilr o a d stock th io u g h the her of burning frame buildings in a block of buildings.

V!n




.
mm,.

2440

CONGRESSIONAL RECORD— SENATE.

I'BEEBAinr 2 5 ,

water necessary to put the fire out in the first building should providence, as a father would for a weak child; that we ought \
to take care of the poorer and weaker elements of our country,
be available instantaneously, without any delay whatever.
I f New York needs five hundred millions within twenty-four doing it consistently with the principles of good government;
hours to completely put out the fire of panic, New York ought dealing justly also with the great financial institutions, and
to have relief to that extent and within the limit of a single never treating any of them harshly or unjustly in any degree.
business day.
I have no hostility to any of our great stock exchanges. They ■
The remedy ought not to be limited to the State, or in the have a sphere of legitimate use, but I disapprove their practices >
other restrictive ways suggested by the committee measure.
when their practices prove dangerous to this country; and 1 1
Is there wisdom in restricting the remedy ?
think that we have a right to put proper restraints upon them
Would it be justified, Mr. President, to say that a house on so that they shall not abuse the power which they have, because
fire should only receive a limited amount of water, even if the these great national banks and trust companies are the pur­
danger of its destruction was very great?
veyors of credit in our country. They have in their hands the :
Would the owners of the frame buildings in a block think it giving and the refusing of credit. I call your attention to the
wise to limit the water to be supplied to put out the first house fact that when they freely extend credit, when, for example, 1
on fire, id order that they might subsequently, when the con­ they loan $100 a share on Amalgamated Copper stock, copper
flagration had become enormous, have a like limited supply goes up, and when they refuse to lend on Amalgamated Copper
which would then be ineffectual to suppress the common danger? stock, copper goes down. They can bull the market and they
Mr. President, the Senator from Rhode Island, in his remarks can bear the market by their giving or refusing credits. Since
on February 10, 1908, described the terrible consequences of they have that power and since they have used it to the damage
financial panic.
and ruin of this country, it is high time that the Senate should
And having with great force described the destructive con­ take proper steps to contfol them in a wrongful exercise of the
sequences of this financial conflagration from which we are just tremendous power which is vested in their hands.
emerging, the evil effects of which are not yet fully realized,
he advises a remedy which he demonstrates by his own remarks WHY AM! STATE BANKS, TRUST COMPANIES, AND SAVINGS BANKS DE­
NIED THIS REMEDY AGAINST PANIC WHEN THEY OFFER ABUNDANT
to be insufficient in volume.
SECURITY ?
He paints a picture of the destructive effects of a national
Fourth. But, Mr. President, the State banks and the savings
conflagration, earnestly recommends water with which to put
out the fire and to provide against future destructive fires, and banks and the loan and trust companies and private banks,
having done so, he recommends as a remedy a limited amount of about 17,000 banks, have an amount of banking capital twice
water, to be used by a limited number of firemen, and by each as great as the national banks; their capital stock is nearly
one with a very small hose, in a limited way, and confines the twice as great as the national banks, and their individual
deposits are more than twice as great, and yet these enormous
operations of each to a limited district.
Mr. President, the water should be abundant. Any fireman financial agencies of our country are refused by this bill the
willing to use it should be permitted to do so, and he should not relief of emergency circulation.
These great State organizations, with twice the deposits of
be limited in water nor in the place where he will render service
in helping to extinguish the conflagration which would other­ the national banks and with twriee the number of individual
depositors, have only one-half of the currency kept by the na- |
wise easily extend itself.
The committee bill limits the amount to a total of five hun­ tional banks, and therefore for this reason it is the more im­
dred millions, when far more than five hundred millions were portant from a standpoint of public exigency that they should
necessary in the panic which has just passed. The committee have the right of receiving this relief against panic.
It is not for the sake of State banks, trust companies, and
recommends that even this limited supply should only be ad­
vanced as a total to certain national banks, under numerous savings banks and private banks alone that I wish this done,
reactionary restrictions, when all the national banks combined Mr. President, but it is for the credit and stability of our na­
tional commerce, upon which must depend the welfare of every
comprise only one-third of the banks of the country.
The committee recommends that even these particular na­ man in the business of manufacturing, mining, agriculture,
tional banks shall be limited still further as individuals and be transportation, or merchandise, and upon which our national
credit before the civilized world depends.
advanced only a very limited amount of emergency notes.
The deposits of the State, savings, private, and loan and trust
And even these limitations are further limited so as to con­
fine the remedy to the limited district of the States severally, companies for the year 1907 was $8,776,755,207 (Comptroller of
according to their proportionate banking capital, measured by the Currency, p. 35), and the cash on hand was only $391,000,the national banks within that State. These emergency notes 000, wfifile the national banks, with individual deposits of
ought to be as broad as possible, available to any and every $4,319,000,000, had only $721,000,000 in cash, and owed to the
bank, and available in any quantity necessary, and available State banks and trust companies over seven hundred millions of
cash.
in any place which requires it.
Mr. President, I earnestly call the attention of the Committee
I insist, therefore, Mr. President, that the State banks and
rho shall offer the
on Finance to the inexpediency of limiting the amount of notes trust companies and the savings banks, w
proper collateral, shall also be allowed to receive emergency
to be furnished to any national bank.
I respectfully submit that no national bank should be denied currency, not for their sake alone but for the sake of the stabil­
any amount of these notes for which they furnish the required ity of the commerce of the United States. These emergency
collateral, for the obvious reason that the redress from panic notes are abundantly secured. They pay a tax which would
ought to be made as abundant as possible consistent with the make their issuance profitable to the Government, and the more
limitations you put upon this remedy the more ineffective you
safety of issue.
And when these notes are secured by bonds of the first qual­ make the remedy. Mr. President, there is no sound reason
ity, far in excess of the value of the notes themselves, and the whatever in limiting this relief to certain States, in the pro­
additional but useless security of being a first lien against the portion that the capital and surplus of national banks of that
assets of the bank is required, there can be no good reason for State bear to the capital and surplus of the national banks
withholding the amount of these thoroughly secured notes which of the United States; but this remedy should be applied in the
fullest measure necessary to give relief wherever the relief is
the threatened danger of panic may make necessary.
I regret exceedingly to see this bill ornjt the State banks and needed, and since it is always in New York that panics begin,
the trust companies. These great financial institutions jnay at I am not in favor of limiting the proposed relief in the manner
some time be sadly in need of this relief. Look at the Knicker­ indicated.
bocker Trust Company, with its $67,000,000 of deposits, ruined
If New York should need five hundred millions of these emer­
by a run upon the institution when by a proper conservation its gency notes to prevent panic, to relieve a panic on W all street,
condition might have been relieved and great loss to the people I am in favor of the issue to that extent then and there, for
avoided. The Knickerbocker Trust was like a detonating cap, the disease from which New York occasionally suffers is con­
tagious as far as the Pacific coast and vitally affects Okla­
causing the explosion of a train of powder ready to set off.
I think that the committee’s bill ought to provide that any homa and every Western State as it does every other State in
bank putting up the proper security might have this relief, not the Union,
The chairman of the Committee on Finance wisely points
for the sake of the bank, not for the sake of the depositor, but
for the sake of our national commerce, for the stability of our out that $467,000,000 in currency, clearing-house certificates,
country, and for the welfare of those millions of poor human and checks were put in circulation for the relief of the panic,
beings who depend upon this Congress for wise laws to protect a large part of which was poured out in New York without
them in their quiet, simple lives of faithful, willing labor. They stopping that crisis, and yet, by this bill he would limit New
can not act for themselves. They leave it to this body to care York to the relief of emergency notes on its proportionate
for them, and, it seems to me, the Senate ought to feel a sense of part, as proposed, to less than one hundred millions. There




*

, (

1908

CONGRESSIONAL RECORD— SENATE.

is no wisdom in this limitation. It would be far better to put
as few limitations upon the emergency notes as is practicable.
If New York had been furnished with abundant currency, Okla­
homa would have gotten currency from her New York corre­
spondent without difficulty and without cost. In fact, Okla­
homa would have needed little currency except for the panic
and excitement in New York, the contagion of which was in­
stantly and injuriously felt.
IIIE OBJECTIONS MADE TO EMERGENCY CURRENCY BASED ON BONDS WITH­
OUT FORCE.

2441

give him, he would attack and deplete by so much the cash reserve
which supported and protected the whole line of liability. The notes
would attack the reserve situation- by going strictly to the redemption
agent in New York and there be redeemed. Ills check would exhaust
the reserve by being collected in the next town where he gave ills
check in payment for his notes.
But if it appeared, as in very many cases it did appear, that the
man wanted currency for some of the commercial or industrial uses
of life, like the payment of employees, like going u p into the “ north
woods,” as we called it then, to pay men for getting timber and doing
a logging business, or going into Indiana to buy wheat or into Wis­
consin for that same purpose, or into Ohio for the purchase of wool,
and all those miscellaneous purposes which go to make up the products
of industry, and start them forward to market, then by the power that
the bank had to issue its unissued notes, which might still lie unused,
the bank was glad to make that transaction, and the money (bank
notes) was available to the man if his credit was good so that the
bank was willing to take the risk.

Some say that the bonds available will be held by a few
banks. The answer to this is that it is not true in the first
Place, and in the second place, that it is not material who
holds the bonds, for if they are available for currency and the
That is the language of ex-Secretary Gage, at one time presi­
currency is needed, the bonds will be found and will be avail­ dent of the First National Bank of Chicago, who says that
able wherever required.
in an these cases they made a point of inquiring what the de­
The emergency plan, however, should provide that each bank positor wanted money for. I f lie wanted it for legitimate com­
should carry a reasonable proportion of these bonds, available mercial purposes, they would make him the loan; if he wanted
for emergency currency.
it-for speculative purposes, they would not.
;
Others, objecting, say that this plan would be to favor the / Mr OW EN . The law of reserves requires it. The law of
, bondholders. Y e s ; this is possibly true; but the banks ought [reserves permits a bank to buy exchange against products going
' to be the bondholders to the extent of their necessities and to market, even when the reserve is down below tlie point re­
5 Under their reasonable relation as curators of our commerce. quired by'law . The statement read by the Senator from Min­
5 The objection, however, is much like the man complaining, nesota [Mr. N elson ] answers the objection of the Senator from
\ whose health should he in serious danger without a remedy, Illinois [Mr. H o p k in s ] most perfectly.
| that the remedy proposed meant compensation to the druggist
Mr. HOPKIN S. Mr. President------| who kept the remedy available. The objection is idiotic.
The VICE-PRESID EN T. Does the Senator from Oklahoma
yield to the Senator from Illinois?
RAILROAD BONDS PREFERRED TO UNITED STATES BONDS.
% Mr. OW EN. Yes.
Mr. H OPKIN S. Not an objection of mine. I was simply in­
Fifth. I vigorously protest, Mr. President, against the comI ndttee pin iu so far as it denies to United States bonds the quiring as to the attitude of the Senator from Oklahoma. I
I Privilege of being used as a basis for emergency notes, while was not stating what my position was at all. I was simply
this very important and valuable privilege is given to railroad callin g for information to have him develop still further his
I bonds.
position.
_
It is well known that the privilege of being used as a basis
Mr. OW EN . I am very much obliged to the Senator from
for currency, redeemable in United States notes, given to the Illinois.
l 2 per cent bonds of the United States, has made those bonds
1 call attention to the great fluctuations in tlie price of rail­
I worth as high as 10 per cent above par, and this privilege has road bonds since this bill was proposed in the Senate. It has
Probably made those bonds easily worth 20 per cent higher than been said, in answer to the suggestion which I make, that the
i they would be if those bonds were not available for currency, railroad bonds ought not to be given this money value as a basis
f
Tlie very moment that you give this sovereign right to the for emergency currency, that it would not make any material
| bonds of tlie railroad corporations owned by private persons difference. I call the attention of the Senate to the fact that it
I you transfer a public property of the greatest financial value lias made a material difference in the month of January, since
the plan of tlie chairman of the Finance Committee was ex­
I from public hands to private hands.
.
Mr. President, I regard this proposed legislation as injucu- ploited. I will insert here a table of bonds, with their rise in
value during January. I will not stop to read it, but if any
r cious in tlie highest degree.
*
. .
I should almost as readily give my vote for appropriating Senator cares to see it the table will speak for itself.
, a given number of dollars out o f the public Treasury to private
Mr. President, since this proposition to use railroad bonds
interests without consideration as to give my vote for this for the basis of issuance of emergency notes has been talked
about and advocated it has had the effect of raising the market
transfer of public values to private interests.
Has not this country gone far enough in using the public value of these securities, when all of such increase should
property for private purposes? W ill the enormously rich never attach and belong exclusively to bonds issued by the people of
the United States for public purposes.
be content with the skillful plunder of the people?
I inclose a list showing the rise of value of a few of these
And shall we initiate a new method of diverting public values
to private persons?
. ra ilr o a d b on d s w ith in th e d a te s in d icate d .
Mr. President, I inclose a list of railroad bonds, many or
l which come within the scope of this bill, and suggest that this
Price in De­
Price in Jan­
cember.
uary.
•bill, if amended, should read on its face: “A bill appropriating
Febru­
Name of bond.
| certain sums of unknown value to the following bonds held oy
Decem­ Decem­ Janu­ Janu­ ary 14.
. Private persons to us unknown, but with whom we are on re aber 2. ber 31. ary 2. ary 31.
I tions of amity.”
.
H I call attention to the great fluctuation of these bonds unoe
77
74
76
82
Ann Arbor first general 4’ s .............. .
80
95£
96?
96?
100?
L T. and S. F. general 4’s ........................
.
99?
JTtbe influence of the Stock Exchange.
84i
88
89?
itlantic Coast Line...............................
.m
m
T ^ M r . NELSON. Mr. President------92?
86
90?
92
3. and 0. prior lien3?'s.........................
92
The VICE-PRESID EN T. Does the Senator from Oklahoma Dan. So. first 5’s ......................................
104?
104*
1041
104?
ion
99)
100?
101?
1011
Dhes. ami 0. gold 6’s ..............................
101?
yield to the Senator from Minnesota?
64
70?
73
.
76
76
CMr. O W EN . W ith pleasure.
.
. vC and A. general 3’s..............................
99
99
1021
102?
Mil. and
103
Mr. NELSON. I trust the Senator will allow me to interrupt Dhic..and N. W.St. P ...............................
111
114
114
Dhic.
consolidated 7’s ...........
116?
118
him a moment in connection with the question propounue
Dhic., R. I. and Pac.:
108
110
106?
112?
6’s .....................................................
113
the Senator from Illinois [Mr. H o p k i n s ] a moment ago, to i *
92?
97
98?
General 4’s .............. ........................
100?
97
from what ex-Secretnry Gage has said on this subject.
^
95
98?
96?
Srie,first exchange gold 4’s ...................
100
100
108]
114
hearings before the committee of the House, ex-Secretaiy
*»
Ibiff., N. Y. and Erie, first 7’s.................
108
114
114
97
111. Central first general 4’s....................
103?
100
102
102
used this language:
108?
Tong Is. general consolidated 5’s...........
110
111
114
114
A borrower on me to the hank and wished to make a loan. lie could *M„ K. and T. first 4’s..............................
94
94?
94
97?
98
103
105
105
109
109
not avail himself of the r e s u lt of the credit if Pla«J^nX r a b lt in the Mo. Pacif. first consolidated gold 5’s —
IN. Y. Cen.and Hud. River gold morthook and availed of by Ids cheeks, which would
Da
_n In
88i
891
87?
90?
90?
held of circulation which limited the J ^ b ^ p e r h a p f l utilized for the ; gage 3i’s .............................................
73
74
Lake Shore Si’s.......................................
75?
80?
77
)v to the advantage of the bank, and the Lake Shore and Mich. 3?'s....................
87
91
89?
92
92
l do you want to do with the proceeds N. Y., Chic, and St. L. first gold 4’s .......
93
951
95?
99
98?
No. Pacif. prior liens 4’s .........................
98
100
of this credit?” If the man wanted to borrow
bpy fhe^ exT tow n
100
101?
100*94
95?
the money, If he wanted to borrow and pay a n
jy him crec]it Reading Co., general 4’s .......................
93
96?
95
the bank would not issue to him its notes; it wouldi not give mm creon So. Pac. 4's gold Oen. P a c ......................
78
82
81
87
85
upon its hooks. In short, it would not exchange It*i credit for ms^ ixe Wabash first gold 5’s ...................................
101*
105?
105?
109?
107
cause it was easily seen that through the i n s t i u e .
•
would
would use, whether by his checks or by the notes wMcn they vnouiu




CONGRESSIONAL RECORD— SENATE.

2442

The prospect seems to have given value to all except Canadian
Southern first 5’s, which are not available.
Mr. President, I feel the greatest respect for and interest in
our transportation companies. I desire that they shall receive
the most considerate and the fairest treatment at all times, and
yet, Mr. President, I think that this Senate has no right to
give them, by legislation, values which belong alone to the
people of the United States, who have trusted this body with
temporary authority.

F ebruary 25,

Mich., February 13, is reported to have explained the reason
of panic and to have said:
It is due, if students of finance are to be trusted, to the gradual
exhaustion o f all the free capital held in enterprises which have not
been so profitable as it was expected they would be. Now, we must
wait, the whole world must wait, until we can earn more free capital.

The only thing, Mr. President, which we need to wait for is
to have our available reserves in New York made free capital
by withdrawing these loans from speculative purposes and to
CONTRACTION OF NOR.MAO NATIONAL-BANK CURRENCY SHOULD NOT BE hereafter confine the use of our national reserves placed with
the New York banks to their legitimate commercial purposes
MADE UNLIMITED BY THIS COMMITTEE BILL.
and forbid the embarrassment of our national-bank deposits
Sixth. Mr. President, I think it is unwise to allow the with­
by being employed in the notorious gambling palace called the
drawal of the normal bank currency without any limitation. 1
“ New York Stock Exchange.”
think there should be at least some limitation upon the with­
The banks of our country are in fact our national purveyors
drawal of normal national-bank currency, and I should be
willing to nine millions per month; but I do not think, Mr. of credits. Tbeir depositors place with the banks certain cash
and credits, and exchange these cash credits from one indi­
President, it is pruder.t to provide unlimited c o n tra c tio n by this
vidual to another by means of checks and drafts. The banks of
statute, as it might bring about the same evil consequences
the United States keep their reserves in a large measure in
which are produced by the hoarding o f currency, and which has
the form of credit placed with New York banks, and when the
proved very disastrous in the recent panic.
I do not think, Mr. President, our normal national-hank notes New York banks tie these credits up in speculative loans and
loan out these credits for gambling purposes on the stock e x -'
should be withdrawn without limit, as it is better for the coun­
change they divert the credits which ought to be available for
try that the currency of the United States should remain as
commerce and place such credits where they are capable, on
nearly as possible within stable equilibrium.
the contrary, of doing the most serious harm to the people of
Let the banks give up their Federal deposits if they hav e too
the United States. It leads, as all gambling leads, to skillful
tiinoli currency.
W hile our country is reacting from the terrible panic inflicted knavery by which the artful and ingenuous arrange devices
on us by the gamblers of New York, every dollar available through which weaker and less intelligent people are drawn
into the game and fleeced of their property. It affords a pecu­
should be left in circulation as a stimulus to renewed courage
liar field where those, who are enormously rich and powerful
and enterprise.
already, can, by manipulation, even drag down and absorb
Contraction means falling prices, and commodities have been
fortunes which elsewhere would be themselves regarded as
falling steadily. Merchants do not buy readily on a falling
gigantic.
market
Factories are checked or stopped by a falling demand
Mr. President, it was the judgment of the moral sentiment of
und a bad market. Contraction will raise the interest rates, but
we do not need higher interest. W e need lower interest, re­ the people of the United States that the Louisiana Lottery
newed activities, sustained commodity values, so that idle men should be suppressed. In this well-known game of chance it
and machinery may be got to work again. G. 1. Libby well had at least in its favor reasonable assurance o f integrity of
tavs in regard to contraction: “ If that policy is to be again management. It did not use marked cards or loaded dice,
employed, it should be over the mangled corpses of every mer­ but the distribution was made according to the element of
chants’ association, chamber of commerce, and board of trade chance with an assured degree of fairness. In the New York
Stock Exchange manipulations, nobody pretends there is any
in this country.”
degree of integrity. The most ingenious lies are circulated as
NATIONAL BANKS SHOULD NOT BE PERMITTED TO USE THEIR DEPOSITS the truth for the purpose of “ bulling ” and “ bearing ” stock.
FOR SPECULATIVE LOANS.
Men are invited into contracts and the most artful and crafty
Seventh. The committee bill, Mr. President, makes no provi­ manipulations thereafter designed and executed to make tlieir
sion for forbidding national banks from using their depositors ; compliance with their contracts impossible, and in that way
take from them their property under the forms of law.
money for speculative loans.
„ . ...
Men are induced to invest their property in stocks on a high
W e all know that the New York banks hold m t eir “
twelve hundred millions of deposits, including ^ . d e p o s i t s market and credits extended to them so that they may carry
the speculative loan, and then the credit is slowly and gradually
and reserves of the national banks oad of the
put through a series of reductions, not necessarily reducing the
and of the trust companies throughout the Union from
c
loan, but demanding more collateral, and finally when the vic­
fornia to Maine.
..
„
And yet we also know that more than one-half of tnes<* tim or his idiotic successor has all his wealth upon the table,
credit is denied and he is compelled to deliver. The moral sen­
deposits put with the New York banks for reserves we
timent of the people of the United States is against the
up and crystallized in loans for the speculative buying <
selling of stocks, while one-fourth only is held as a cash re-i gambling on the stock exchange and against its similar, but not
serve, so that the money needed, or, I should rather say, tne; more criminal imitator, the bucket shop, and I believe, Mr.
bankable credit needed, for the transaction of our commerce President, that since the gambling on the stock exchange was
was made unavailable last fall by the loans for speculation on undeniably a potent influence in producing panic, it should
be suppressed as far as the United States has power, and cer­
the stock exchanges of New York.
.
... !
The chairman of the Committee on Finance advised the tainly within the limits of this committee bill the national
banks should be forbidden to use the reserves of the people of
Senate on December 18, 1907, that—
the United States for the promotion of the speculative buying
No committee can ascertain
,*
and selling of stocks on these exchanges.
financial™ !sis which has taken place in the history of this country."
In New York the banks are used as convenient tools for the
most gigantic gambling the world has ever known.
He also said:
The world’ s greatest gambling house is the New York Stock
It 1. t b . tacts
w.
Exchange— “ an unincorporated,
irresponsible institution.”




M n to

te n

a n d X t otter facts there are la existence that bear

(Creelman.)
According to James Creelman’s statistics, 286,418,601 shares
of stock of par value of $25,000,000,000, besides 665,000 of
thousand-dollar bonds, were “ sold ” in 1906 on the Stock Ex­
Mr. President, one of the reasons why this panic occurred, change- and on the Consolidated Exchange 136,000,760 shares
trhirli does have hearing upon legislation, was the tying ip o f' stock besides 21,569,178 shares of mining stock and 193,of S
bank credits placed with New York for reserves was m 8 8 4 0 0 0 bushels of wheat. This does not include curb sales.
making loans for the speculative buying or handling ot s^ k s , Over $30,000,000,000— four times the value of the products of
and they are still tied up in large measure. I call tke+ at+™
t
all the farms of the United States.
tion of ythe chairman of the Committee on Finance to this
I submit as Appendix C to my remarks a sketch by the New
well-known fact, and invite him now to amend his b ill so that York World, of January 7, 1908, on this subject.
_
the reserves of all of the banks of the United States placed in
The overcertification of checks, for the convenience of the
New York shall no longer be used for g a m b lin g purposes, but gamblers, by the national banks is prohibited by law (section
shall be used only for the legitimate commerce o f our people.
520S), but I am advised this is evaded on a vast scale every day,y
The honorable Secretary of W ar, in speaking at Detioit,

" ' T t e e ' n S j b»“ L t n r e a s o S f r v h V ’ ttis panic occurred, which may
have no bearing upon legislation.

1908.

CONGRESSIONAL RECORD— SENATE.

2443

the broker getting his check certified, when he has no deposit deliver themselves from the conditions in which they had placed
and no security, in order to buy the security, which is then themselves and to deliver the country from the ruinous con­
dition to which they had exposed the country by this danger­
Placed as collateral to his demand note.
I understand the law is evaded by putting up a demand note ous practice; but, Mr. President, their critical condition, their
secured by the stock named, and then before business hours complete panic, was due to the fact that over one-half of
plose the collateral is bought and delivered to the bank extend­ the enormous deposits in their hands were tied up in loans
ing this advance credit. This practice, being a part of the gam-^ for the speculative buying of stocks which they dared not
bliug machinery, should be forbidden by law, because it is one liquidate.
I f they had compelled the borrower to have sold these stocks
of the potent agencies by which this gambling is successfully,
on the open market for cash, the stocks would have been broken
carried on.
Mr. President, this recent panic was undoubtedly promoted by to a point which would have ruined the good name of this Re­
public throughout the civilized world.
the speculations in stock in New York and by the great “ bull ’
I believe the New York banks did wisely not to press their
movement which had been engineered through several years
and a more recent but equally great “ bear ” movement, which,; borrowers on stocks to instant bankruptcy.
The speculative buyers of stocks and bonds, as it was, have
resulted in the ruin of hundreds of thousands of small financiers
and of thousands of other business people and of some financiers been pushed in many instances to the point of severe liquida­
tion, to the utter ruin of thousands of them financially and in
Who were not small.
Many men have committed suicide because of
It is a very easy thing, Mr. President, for a bank to loan other ways.
money on the security of stocks of a definite market value, this panic, as did the president of the Knickerbocker Trust
which are attractive because they are regarded as quick as­ Company.
But, Mr. President, the fact remains that all of these evils
sets. This process had beeome a fixed practice in New York,
so that over one-half of the deposits in New York were loaned have flowed directly from the loaning of the national deposits
out to the speculative buyer of stocks; but every bank in for stock gambling, and I earnestly insist that no measure in­
the United States has a deposit in New York, every bank looks tended to protect this country against future panic is adequate
to New York as a place from which it may obtain money in time which fails to provide a check on the use of our national de­
of need, every bank keeps its reserve in New York on the im­ posits and reserves for the speculative buying o f stocks, bonds,
and agricultural products.
plied contract that if the depositing bank needs a credit of cur­
Even from the point of view of those who operate on the
rency, it is entitled to demand it and to receive it,
>;
Obviously this implied contract is impossible of fulfillment if exchanges, it is better for them to check these dangerous prac­
the New York bank lends over one-half of these credits to the tices and save them from themselves, for the great majority
speculators on the stock exchange. It follows that the use of drift ultimately to ruin, and those who succeed by successfully
these credits on the stock exchange really necessitates the with­ appropriating by artifice the property of their fellows will
drawal of such credits from the channels of trade, from the surely find but little happiness in such successes, and their
uses of commerce, from the service of the manufacturer, the great intelligence could be made very useful in other lines of
endeavor that would promote the common good.
producing classes in agriculture and in mines, and from the
merchants and the transportation companies, and involves the
STABILITY OF COMMERCE.
breach of the implied contract with the depositing banks of the
Mr. President, the most important element of our continued
Ration.
If these funds had not been loaned out for speculative pur­ national prosperity is to obtain stability of commerce. A man
poses on the stock exchange, they would have been available engaged in business where conditions are stable can forecast
fur our national commerce, where these funds properly, justly, his business future. He can make definite plans. He can
foresee the results of industry, providence, and integrity.
Rhd wisely belong.
Where conditions are unstable, industry and integrity avail
It was our excess of exports at last, from September to De­
cember, 1907, that saved the country from a worse calamity. nothing, and conditions are unstable in a country where cus­
tom and usage has established the giving and receiving of
(S. Doc. 208, GOth Cong., 1st sess., p. 16.)
credit as a necessary part of its commerce. Conditions in the
Any adequate measure for the protection of this country
United States have proven to be less stable, perhaps, than in any
against future panic should forbid the national banks who op­
erate under the charter of the United States from loaning the of the great civilized nations of the world, and the reason for
this is that there has been no law preserving the country from
I national deposits and reserves in their hands for the specula*!
panic and no law establishing a proper correlation between the
live buying of stocks, agricultural or food products.
banks and our commerce.
The committee bill entirely ignores this obvious necessity.
Mr. President, the first duty imposed by the charter of the
And the chairman of the Committee on Finance invites us
Bank of France is that which directs the governor of that bank
to be content with a very small measure of relief on the ground
*that a small measure of relief is all that we could expect at this to see that the “ bank performs its duty to the state and toward
the commerce and industry of the country.” Moreover, the
time.
Mr. President, the country expects as substantial a measure executive officers are appointed by the political head of France,
“ the President o f France.” Financiers form a minority and the
of relief as we have the wit and patriotism to devise.
Does the chairman o f the Committee on Finance think the members of the commercial and manufacturing classes and gov­
national banks should be allowed to crystallize our national re­ ernment officials a majority of the board of directors.
The banks of the United States also owe a duty to the state
serves in speculative buying on the stock exchange? Does he
think Congress will or should refuse this obvious measure of and toward the commerce and industry of the United States
which the law should enable and require them to perform. It
justice to the commerce of the nation?
Does he think that the country will be content to allow the has long been the custom of the Bank of France to let the
national reserves to be withdrawn from the legitimate demands French people have money at the unvarying rate of 3 per cent,
of commerce, from the legitimate demands of the manufacturers, believing that stability in the rate of interest gives stability
Producers, and merchants of tills country and for dangerous; to commercial enterprise and promotes the welfare of com­
and vicious gambling purposes?
. .
\ merce and industry of the country, which is the chief duty of
W ill he refuse this remedy against the evil condition from the Bank of France. How does this compare with the rate
which this country has just emerged? As the Senator from of interest permitted and encouraged and established by usage,
Rhode Island and ns chairman of the Finance Committee, does under our national laws, by the banks of New York, which hold
our national reserves? Our ubiquitous, omniscient press ad­
he favor the continuance o f this monstrous evil?
The banks o f New York, which in October last held a large! vises the country to-day that money on call in New York is 2
part of the national reserves, refused to pay currency, refused? per cent, to-morrow 8 per cent on call, the next day 25 per
their depositors their just demands, and, with the reserve, cent, and the next day 60 per cent on call, or perhaps 100 per
funds of the whole of the United States in their hands, they| cent. The most violent and unreasonable fluctuations of inter­
Were compelled to decline the demands of their depositors, | est are announced in the public press and sent broadcast to
even where the money was needed for m o v in g the crops. Okla-f every city, town, village, and hamlet in the land.
It avails nothing to say, Mr. President, that this violent fluc­
homa cotton could not be paid for and shipped to market
promptly because currency was denied on Oklahoma s New iork tuation of interest is due to gambling on the stock exchange
using the reserves of the United States for this purpose
W hat
reserves.
, „ , . ...
Mr. President, I know that the New York banks failed m this I wish to point out is that this violent fluctuation of interest
particular most reluctantly. I believe they did their best to due to gambling disturbs the peace and confidence of the coun







try. It disturbs and makes impossible that stability m the
financial and commercial world wbicb is essential to the peace
and prosperity of this Republic. W e permit this gambling to
go on and raise no voice against it, and yet, when these gam­
bling elements create a stupendous panic that shocks the world
the Treasury of the United States is called upon to throw itself
into the breach and save the country from the necessary conse­
quences of this imprudent, improper, and scandalous condition
permitted by our Government. Mr. President, I do not believe
that I shall stand in the minority in this Senate m the demand
that the gambling in the reserves of the United States shall be
stopped on the stock exchanges.
,
I shall make no present objection to those who are fond of
gambling if they gamble with their own money and gamble with
each other, but when they gamble with my money which I have
put in the New York banks as my reserve, for my uses, and
when they allure into their gambling dens the untried youth
and the ignorant adults of the country and rob them of thenproperty of their peace of nnnd, and their self-respect, and de­
stroy the stability of the commerce of this country by a panic
which their unwise and vicious conduct produces, I feel it my
duty to enter an earnest protest.
I demand, Mr. President, a statute which shall summarily
end these evil and dangerous practices.
BANK OFFICERS SHOULD BE RESTRICTED IN LOANING MONEY TO THEMSELVES.

Eighth. Another one of the reasons why this panic occurred
may be found in certain New York banks where the acting bank
officers made improper loans of money to themselves, and
although this contributing cause is well known, the committee
bill makes no provision forbidding its repetition. This is said
to have been the ruin of the W alsh bank and kindred institutions
in Chicago and of the Morse banks and allied concerns in New
^ Mr. President, with the example of Chicago and the great
bank failure there, due to the unwise loan of the depositors’
funds by the active president of the bank to himself, and with a
like notable illustration in New York, it seems to me that this
cause which has contributed to disturbing confidence should be
removed. . The violence of this recent panic was precipitated in
New York, when conditions were otherwise critical, principally
by the charge and belief that the active officials of certain banks
and great financial institutions had abused their positions of
trust in this respect.
What objection can there be to forbidding an active official
of a bank ioaning himself the money trusted to his charge, ex­
cept under the strictest safeguard! The reason of this, Mr.
President, is so obvious, that an objection to it would seem to
be absurd. I do not think it necessary to do more than to
mention the necessity of this action, since the fault to be cor­
rected is one of the recognized contributing causes of panic.
There can be no excuse to omit this precaution.
COMMITTEE BILL DOES NOT REQUIRE A PROPER ADJUSTMENT OF THE
BANK RESERVES.

Ninth. The committee bill, while at first proposing that the
national banking associations outside the reserve cities should
beep 10 per cent of their deposits in legal money, finally struck
out this provision and failed to insert any equivalent of the
proposition requiring the banks to strengthen the interior re­
serves, but does insert a provision requiring no reserve against
$250,000,000 of Government deposit, all of which ought to be
held’ as reserve either by the banks or by the United States
Treasury.

The chairman of the Committee on Finance argues with
great earnestness and with convincing force the absolute neces­
sity of a proper cash reserve, and finally contents himself with
making no improvement whatever in our present defective
reserve system and then recommends, as an anticlimax, that no
reserve whatever shall be required on United States deposits^
I confess I do not understand the chairman of the Commit­
tee on Finance. He strenuously urges the necessity of remedy
and then proposes remedies which by his own argument are
confessedly inefficient and entirely ineffective to remedy the
conditions which he is obliged to know have heretofore been
contributing causes of panic.
These interior banks had on August 22, 1907, $182,000,000
of cash reserve against $2,627,000,000 in deposits (Comptroller's
Report, 1907, p. 220), less than one-half the cash they are sup­
posed to carry, A 10 per cent reserve for these banks would
mean $262,000,000 instead of $182,000,000, an increase of
$80,000,000. In increasing these reserves in lawful money it
would, of course, be measurably done at the reduction of the
reserves in the banks of tbe reserve cities, but this could be
done without inconvenience or harm to the reserve city banks.
The increase of $SO,000,000 for the interior banks is some­
what larger than would really be necessary, and I think the
committee was therefore justified in striking out this require­
ment; but I think the committee was in serious error in mak­
ing no adequate substitute provision for a proper adjustment
of the reserve, for the reason that the reserve is of extreme
importance in preventing panic.
It is easy to strengthen these reserves and to distribute them
without in the least taxing the banks, as I shall show in detail
in discussing the substitute I shall propose.
The national banks have only seven hundred and one mil­
lions of available cash, and under the laws which are more
powerful than any Congress can pass, the laws of human usage
and custom, the laws of convenience, this amount can not be
easily increased without serious constrictions of credit.
The amount, however, can be easily redistributed under a
plan that shall not disturb the gross amount of available cur­
rency, and this ought to be done as a precaution against panic
and also with a view to using such reserves in currency for the
establishment of the stability of our commerce.
By reducing the cash reserve of central reserve cities to 20
per cent and requiring them to keep 5 per cent of municipal
bonds as a basis of emergency currency there would be released
about seventy-five millions of currency and make available
sixty millions additional emergency currency.
By requiring other reserve cities to carry an actual cash re­
serve of 15 per cent it would add to their actual reserve about
twenty-nine millions cash, and 10 per cent of bonds for emer­
gency notes would make available for them one hundred and
forty-two millions additional emergency notes, if needed.
By requiring interior banks to keep 9 per cent of their re­
serves in actual cash it would increase their actual cash reserves
about fifty-four millions, and C per cent of bonds for emergency
notes would make available for their immediate use, if needed,
the further sum of about one hundred and fifty-seven millions—
a gross amount of three hundred and sixty-four millions of
available emergency circulation, with no increase in present re­
serve required. These results would follow without adding a
dollar to the reserves now required by law, merely by requiring
“ open accounts with reserve agents” to be put in bonds for
emergency currency, which would pay more than the interest
now paid by the reserve agent.

Reserves.
[Report Comptroller of Currency, page 222,1907.

A ll figures in millions.]

Classification of reserve held.

Location of hanks.

Amount
Num ­ Deposits,
Reserves required,
ber
in
in
required.
of
millions.
millions.
banks.

1,205
1,432
2,627

6,544

6,256

25
25
15

Am ount
held, in
Redemp­ New
In lawful Due from
Total
Lawful Rate in Amount
tion fund
millions. money in
rate in
reserve
money. bonds. in bonds. reserves.
with
bank.
cash.
agents.
Treasurer

301
355
394

26.2
25.5
16.9

315
362
443

311.7
190.3
199.6

i66.*7‘
226.7

3.8
6.3
17.2

1,050

21.3

1,121

701.6

392.4

27.3

a This plan in rel easing sixty millions would lower the reserve required by fifteen millions more.

,

. x,

1

.

.... r 7
.

_

_
; 1 1 : _ ___ U

Per cL

Per d.

Per cent.
60
806
6,178

Central reserve cities..................
Other reserve cities......................
National reserve cities................

Ratio
held.

Classification under substitute proposed
by Owen.

knnk Arw W k (1 O PT thfi T rV
l Y ll
W
fiSR tt

c This would increase cash required thirty-seven millions, supplied
bonds for emergency notes, in lieu of open credits with reserve agents.
dGross reserves the same as at present.

20
15
9

240
214
236
790

5
10
6

60
143
157

«300
5357
e393

360

d1,050

/

CONGRESSIONAL RECORD— SENATE.

1908.

The actual cash now on hand would not be added to, but
would be so distributed that our moving crops and our com­
merce could be more conveniently served than under the pres­
ent distribution of the available banking currency o f the United
States.
_
This rearrangement is provided in the substitute I shall
propose.
r„,
Mr.- President, the Senator from Maryland [Mr. H ayn e s ]
pointed out what was literally true with regard to the reserve
held by our country banks— that only 7.4 per cent need be kept
as cash under our present laws. This is set forth with great
care by the Comptroller of the Currency, on page 72, Report
1907, which I respectfully submit. This clearly demonstrates
that there is but 7.4 per cent of cash really required to be kept
by the banks under the present statute against the deposits in
the country banks, and this amount leaves an insufficient margin
for the transaction of business whenever a crisis occurs.
And even this narrow amount need not be kept on hand, it
there be permitted the practice o f double-heading or exchanging
credits between banks for the purpose o f padding their accounts.
The present measure should carefully correct the weakness
o f this system, for the reserves of the national banks are renea
on by the State banks and trust companies to coyer deposits
twice as great. The national banks really hold^ the practica
reserve of seven hundred millions against the nation s gross at
posits of about thirteen thousand millions, or a cash iesei\e
less than 6 per cent.
CASH EESEEVB ON DEPOSITS OF $ 1 0 ,0 0 0 ,0 0 0 IN INTEKIOK BANKS.

Table showing what the law permits to be done with the alleged cash
_____
reserve.
Cash re­
Amounts serve in
of deposits. vaults.

Deposited
with re­
serve
agents.

Possible
loans.

8900,000 88,500,000

Country banks........................................ §10,000,000 §600,000
Reserve city banks (amounts
above deposited by country
900,000 a112,500
banks), 9 per c e n t......................
Central' ’ reserve city banks
(amount as above deposited
a112,500 <328,125
by reserve city banks)*.............

a112,500

675,000

740,625

1,012,500

9,259,375

11,012, W0

Total...............................................

84,375

—

ml
n

84
10]

° One-half of one-fourth.
6 Twenty-five per cent of 9 per cent.
.
® One-fourth of one-half of one-fourth of 9 per ce •

Amount of cash outside original country banks, $140,025, or
By exchanging credits even this reserve can be diminished
substantially.
.
___
n
Tenth. Mr. President, the committee measure imposes oniy a
6 per cent penalty, and therefore if for any reason me rate» u
interest in any part of this country should rise hig
per cent, these emergency notes might be easdy m
manent addition to our circulation at such a pomt,
on these notes should therefore be Increased period < J
• >
that their retirement shall be made compulsory.
.
The rate o f interest on these bonds is a matter of
P
’
and no bond bearing in excess o f 5 per cent sho
.
mitted, because otherwise the penalty on the emerg
y
might be insufficient for compulsory retirement.
No provision is found in the committee measure P
-J?
for this contingency, while such a precaution y
f
judicious.
T
iri+oa
The compulsory retirement of these emergency
essential importance. W ith the law drawn in si
‘
,'
that the compulsory retirement is assured, there
nrecopossible reason for regarding this statute as a dah»
, .
^
dent, even if the issue were United States not
.
ag
United States notes under the form of n a t i o n a _
the chairman of the Finance Committee has _ „ ffL hlp
rqnso
It would be no more dangerous and D O “ f n t b e issue than
V
a public demand for a continual enlargement
,
the precedent set by the clearing-house certi . ginii]ai-ly taxed
issued as an emergency measure and which is similarly taxed
and instantly retired when the need passes.
elearThe banks of the country are opposed to the issue of clear
lnS.l,»u8e certificates.or ens

"

t^

fa°ct that they

S J l e h ^ a e v .S e ^
“not™ nstttote a dangerous precedent and
will nat n lttim telyleaa to a demand <or a “ continual enlarge­




2445

ment ” of the issue. Every bank in the country will be glad to
get back to a normal condition, and would be glad to be allowed
to stay in a normal condition.
The fact is, Mr. President, the issuance of 6,600 different
forms of national-bank notes as emergency circulation under a 6
per cent penalty would be more apt to make an unwise prece­
dent than the issue of such notes as United States notes, for the
obvious reason that there would be 6,600 banks who could make
the argument that these notes which they issue are good with­
out the bonds behind them and without the G per cent penalty.
W hy should they not contend hereafter that 3 per cent would
be sufficient or 2 per cent would be sufficient?
The present asset currency is based upon this very contention,
and has gathered considerable force throughout the country, and
has great merit where safeguarded and under penalty to prevent
permanent inflation.
The committee plan of inviting the issuance of these emer­
gency notes as bank notes is more likely to prove a bad prece­
dent than the issue of such emergency notes as Treasury notes,
although no danger need be apprehended from either form.
The committee measure, confessedly a measure to prevent
panic, fails to provide that which is by far the most important
precaution against panic. This precautionary measure is the
removal of the fear of the depositor. It is only the fear of the
depositor which causes panic. The soul of a panic, its great
moving force, is the fear felt by the depositor and his conse­
quent hoarding of currency. I shall discuss this more fully in
connection with the substitute measure which I have had the
honor to submit, and shall show that this precaution will cost
neither the depositor nor the Government anything; that it
would benefit both; that it will not hurt State banks; that the
objections made to this precaution are entirely unsound.
PROPOSED SUBSTITUTE.

The substitute which I shall move as an amendment to the
' committee bill takes great pains to provide against every objec­
tion made to the committee measure, and it contains those fea­
tures of the committee measure which are o f value.
1. It proposes United States notes (for emergency use) which
are by law “ legal tender.”
2. It provides a method o f instant issue when the emergency
arises.
3. It provides not only the issue to some national banks in a
limited way, but makes the provision against panic available to
any national bank or to any State bank or to any trust com­
pany or savings banks which puts up the necessary security to
the Government.
4. It uses the same form o f bonds as the committee measure
for collateral, to wit, “ the bonds or other interest-bearing ob­
ligations of any State, city, town, county, municipality, or dis­
trict legally organized which has existed ten years and never
defaulted in principal or interest of any funded debt;” but it
also provides the use of United States bonds, which is not pro­
vided by the committee measure, and strikes out railroad bonds,
which are provided by the committee measure.
5. The substitute provides emergency notes in any quantity
which proves to be necessary, whereas the committee bill con­
fines the issue to five hundred millions and then puts such re­
strictions on it that the available issue will be extremely lim­
ited at any point o f original need.
6. The substitute imposes a tax of 6 per cent for the first four
months, 8 per cent for the succeeding months, and compul­
sory retirement within twelve months. The committee bill is
content with a 6 per cent tax. The substitute forbids the use
of bonds bearing interest in excess of 5 per cent. The com­
mittee measure puts no limitation on the interest a bond may
bear.
7. The substitute restrains active officers o f a bank borrowing
the funds of a bank, except under safeguard. The committee
measure ignores this precaution against panic.
8. The substitute forbids the use of deposits for speculative
buying of stocks, bonds, agricultural or food products, because
this has been a potent cause of panic. The committee bill
leaves this evil in full force.
9. The substitute bill requires interior banks to have 9 per
cent cash reserves, reserve city banks to have 15 per cent cash
reserves, central reserve banks to have 20 per cent cash reserves,
and requires banks to carry bonds available for e m e r g e n c y
notes as a balance of tbe reserve now required by law .' Tbe
committee measure is content with requiring no reserve on
Federal deposits.
10. The substitute specifies that only the net f a v o r a b l e bal­
ance of accounts with reserve agents shall be p e r m i t t e d as a

2446

CONGRESSIONAL RECORD— SENATE.

part of the legal reserve, a matter important in preventing
panic. Upon this question the committee bill is silent.
11. The substitute provides the insurance by the national
banks of their deposits by using the tax paid by the national
banks on their normal and emergency circulation.
This is the most important precaution against panic. The
committee measure refused this protection.
12. The substitute safeguards the State banks from injury
under the insurance plan by putting into effect the insurance
feature only after March 1, 1910, except in States having the
insurance plan for State banks, and prevents any abuse of the
insurance plan by limiting the deposits insured to noninterest­
bearing deposits.
Mr. President, in discussing the essential features of the
substitute bill I shall confine myself to those features of this
bill which differ essentially from the principles laid down in
the committee measure and which have not already been
sufficiently explained. I take it for granted that the majority
of the members of the Senate are in favor of emergency cur­
rency, properly secured under a penalty sufficient to compel the
contraction of such emergency currency when the exigency has
passed. I take it for granted that this body is in favor of a
sufficient quantity and quality of such emergency currency to
meet the conditions of panic sufficiently, and that the remedy
| shall not be a partial remedy, but shall be drawn to meet com­
pletely and completely prevent any future panic.
Waiving discussion of these recognized essentials, I shall
now point out the reasons why the substitute measure is supe­
rior to the measure proposed by the committee.
t h e c o lla te r a l i s b e t t e r .

F ebruary 25,

readily understand that the committee thought the use of rail­
road bonds would be entirely safe, and so they are. It is not
on account of their safety, but for the reason which I give that
I insist that the substitute measure is better than the commit­
tee measure, because it uses United States bonds, which the
committee measure does not allow, and it refuses railroad
bonds, which the committee measure does allow.
UNITED STATES NOTES ABE BETTER THAN NATIONAL-BANE NOTES.

The committee measure prefers to use national-bank notes
as emergency currency; the substitute prefers United States
notes. Mr. President, either class of these notes are as good as
gold. Section 6 of the committee measure directly makes these
national-bank notes as good as gold. They are made redeem­
able “ in lawful money ” at the Treasury, and section 7 further
provides that all of the national-bank notes, amounting to over
six hundred millions in our normal circulation, shall be pay­
able in “ lawful money” or equivalent of gold, changing the
present statute status of national-bank notes, which makes
them redeemable in “ United States notes.” I approve the
change.
The quality of notes in either the committee measure or the
substitute proposed is first class, the equivalent of gold, but
the objection to the committee measure is, that it provides
for 6,600 varieties of notes, each one differing in form from the
other, each one requiring a special plate in the Bureau of En­
graving, each one requiring an independent account to be kept
of such notes, whereas the simpler, more economical method
would be to have one form of Treasury note and one form of
engraved plate and one account to be kept of these outstanding
emergency notes in lieu of six thousand and more of these ac­
counts, etc.
Another objection to these national-bank notes is that it will
encourage tbe future demand to lower the tax on these emer­
gency notes and thus encourage enlarging the volume of these
national-bank notes, which is not desirable.
Another objection to these national-bank notes is that they
comprise a pretense.
They pretend to be national-bank notes.
The banks do not really issue these notes.
The bank officials need not sign these notes to make them
current among the people.
The Government of the United States makes this issue of
national-bank notes, controls every item and every particular
in the form, manner, use, and redemption of such pretended
national-bank notes.
I do not like the pretense.
The immediate consequences which flow from this pretense,
and which have greatly impaired the value of the committee
measure, are as follows:

Mr. President, the collateral proposed by the substitute meas­
ure is better collateral.
^
. ,
The committee measure denies the use of United States
bonds, and inserts in lieu thereof railroad bonds.
The substitute reverses this and strikes out railroad bonds
and inserts United States bonds.
What excuse there is for refusing to the bonds issued by the
people of the United States this quality which has great finan­
cial value and giving this financial value to bonds of private
persons and private corporations I know not
It will not do to say that the volume of bonds of the United
States, of the States, of the cities, towns, counties, municipali­
ties, and district are insufficient in volume, because that would
not be true. Their volume is abundant. It will not do to say
that these bonds, issued for public purposes, are not as good
as railroad bonds, because they are better and fluctuate far less.
It will not do to say that it is a matter of indifference
whether you prefer one or the other, because it is not a matter
of indifference. It is a matter of an important value in dol­
THE COMMITTEE LIMITATIONS RUINOUS TO THE PROPOSED RELIEF.
lars and cents, measurable not in a small way, but in a large
w ay; giving this value to the bonds issued by the people is to
The very fact that these notes are pretended to be nationalgive those bonds values worth hundreds of millions, giving this bank notes leads immediately to the proposition found in the
function to railroad bonds will be worth hundreds of millions first three lines of the bill, to w it:
to the holders of such railroad bonds.
That no national bank which has circulating notes outstanding less
I have already pointed out, Mr. President, the manner in than 50 per cent of ite capital stock shall be allowed to issue emer­
which these bonds have risen in value during the month of gency notes, and no national bank which has a surplus of less than 20
January, 1908, within which the chairman of the Committee per cent of the capital stock shall issue emergency notes.
on Finance brought in his remarkable proposition, and I insist
If these were United States notes and were not nationalthat tbe full measure of this value shall go to the people of the bank notes, no such reasoning would suggest itself. No such
United States, and that public bonds alone shall be used; and limitations would be suggested. The limitations are very
that these values shall not go to the railroad bondholders, and illogical and unreasonable.
that they shall not be used for this purpose.
In the first case, because a national bank has been extremely
It is measurably true that this value being given to railroad conservative and has not issued any more of its notes than the
bonds would go to the people of the United States; it is true law compels, it is penalized and denied emergency notes, which
it would go to some of the people of the United States who own at some time may be essential to its life.
Because the bank has carefully limited its outstanding lia­
these bonds; it would probably go to one person out of a thou­
sand, who is a railroad bondholder, but, principally, it would bilities and made itself more worthy of credit, it is to be denied
go to a very few men who are the great railroad bondholders the relief extended to those less worthy.
The absurdity of this proposition is so manifest that a child
of the United States, and this bill would be a bill to give them
the value in this way which ought to go to the people of the could see it.
And no national bank, in tbe second place, which has not 20
United States in their public capacity.
I do not feel content to agree that these values should be per cent surplus shall be allowed emergency notes, although it
put in the hands of a few individuals, even if those individuals, is willing to put up a first-class collateral 10 per cent in
inspired by generosity, or humanitarianism, or by any other excess of the proposed issue. Its danger may be vital, its neces­
worthy motive which inspires the human heart, were willing sity compelling, and yet this bill denies them emergency notes
upon a security confessedly more than sufficient.
to give it all back before they die, as in fact they ought to do.
Will any sound reason be offered for such limitation?
This couutry has been subjected ioDg enough to the favor of
Certainly the chairman of the Committee on Finance, in ex­
private interests. I think it my duty to protest against the
effect of this proposed committee measure in this regard, al­ plaining his bill, made no explanation whatever of these objec­
though well assured of the patriotic purpose of the remedy pro­ tions which I point out.
Again, Mr. President, the committee measure forbids any
posed. I can readily understand how the committee thoughtthey would enlarge the bonds available for this purpose, I can national bank to have the security against panic of this pro*




1908.

CONGRESSIONAL RECORD— SENATE.

posed remedy, except to the limited extent that its normal cir­
culation and its emergency circulation shall not exceed the
gross amount of its capital and surplus.
What an amazing restriction this is!
How grossly unreasonable.
How utterly lacking in foresight.
How destructive of the purposes of this proposed remedy
against panic.
W hy, Mr. President, the demand upon a bank in times of
panic is not measured by its capital and surplus. It is meas­
ured by its deposits and the demand of its depositors.
The capital and surplus may be three millions, its deposits
may be thirty-five millions.
The Knickerbocker Trust Company (which was recently driven
to its death) out of its own resources paid millions before it sur­
rendered. Under this bill that trust company could not have had
any relief whatever, yet it had a demand liability of its deposits
to the extent of $67,665,000. This committee measure now pro­
poses a plan that would limit the extent of relief against panic
to be afforded such a bank to nothing, notwithstanding the fact
that this trust company should be prepared to put in the hands
of the Government collateral, confessedly of the first class, far In
excess of the value of the issue, and notwithstanding the fact
that this company would, upon such gilt-edge collateral, be pay­
ing the Federal Government Treasury a substantial tax of 6 per
cent for the use of such money.
W hat good reason can the chairman of the Committee^ on
Finance give to the Senate for refusing this relief against
panic to this institution, when beleaguered by the demands of
its frightened depositors, and when this institution is willing
and anxious to put up first-class collateral?
Are we trying to prevent panic?
Are we trying to afford an abundant and sufficient remedy?
Or are we merely proposing to present the shadow and deny
the substance?
But the limitations of the committee measure do not stop
with denying to these national banks the reasonable relief to
which by every canon of reason and good sense they are en­
titled, but the committee measure deliberately omits from this
measure every State bank, every trust company, every savings
bank, and every other bank in the United States.
The national banks have only one-third of the banking cap­
ital of the United States. They have less than a third or the
deposits of the United States, and a panic could sweep this
country and never close a national bank. The hoarding of cur­
rency might come entirely through State banks.
The State banks only carry a net reserve in currency of
between 4 and 5 per cent, and they have nearly nine thousand
millions of individual deposits, and their distress for currency
may close factories and merchants’ stores and enterprises in­
numerable from Maine to California because of a lack of cur­
rency, and this committee measure, which proposes a remedy
against future panic, is presented to this Senate with a deni
to these great State institutions whose welfare and who
solvency is absolutely essential to the welfare of our nationa
commerce.
I am amazed, Mr. President at this most serious omission on
the part of the committee bill.
.
In the substitute which I shall propose as an amendment,
e
State banks, trust companies, and savings banks are provi
for.
,
But the committee measure not only denies to many
banks any relief whatever; it not only denies to the mi i
banks an abundant relief by limiting the amount of curren y
the capital and surplus; it not only denies any relief wna
to any State bank, trust company, savings bank, or other ‘
’
blit it goes still further and says that the proposed remea}
be still further limited by distributing the proposed relic
manner—
As equitable as practicable between the various sections of the coun
try

And that—
The Secretary of the Treasury shall not
^lficl^siich3 State
sodations In any State in excess of the
, t ,ie unimpaired
on Id be entitled on the basis of the proportion which the
pital and surplus of the national banking
’r n l u s o f t h e
ars to a total amount of unimpaired capital and suiplus or tne
itional banking associations of the United stares.

This language of “ equitable” apportionment h a s a virtuous
mnd, but a most dangerous and harmful meaning. ^ hat it
'ally means is that this proposed remedy against panic, even
under the limitations imposed upon the several national banks




2447

it were completely available, the average relief to the country
against panic o f these emergency notes would be limited to less
than $11,000,000 to each State. What is the purpose of this lim­
itation, and why are these emergency notes, essential as they are
to protect our country against panic, bound so readily by in­
numerable limitations so as to make the relief feature ineffec­
tive? This last limitation almost entirely destroys the value
of the proposed remedy.
The so-called “ equitable ” distribution o f this remedy would
make the remedy itself utterly ineffective, and I commend the
reasoning of the Senator from New York [Mr. D epew ] in his
approval of the relief offered by the Secretary of the Treasury
to New York when he said—
TT» mieht hare followed the strict letter of the law, which the
c w ftn r has auoted and put the $240,000,000 of Government (funds)
proportionately in ea^h one of the 6,600 banks of the country. The
effect would have been, so far as relief is concerned, like meeting
o
fire in a great city, where property is likely to be consumed
n f S Slue as tffm p a ir the business of the whole country, not with
? L SpnnrIntratfon of all the resources of the fire department upon the
flro nnUC blowing uii with dynamite of adjoining blocks to prevent its
flre .
did in San Francisco, but to distribute the fire
spreading, as t y
demand them to divide the water equii S
a m o k t "o d i f f a S m r a E
The Secrete,-j fearlessly and wisely
savs he deposited the money where it would be most effective, and the
result demonstrated the wisdom of his action.

This reasoning o f the Senator from New York is sound and
it is also a forcible demonstration of the utter inefficiency of
the limitations proposed by the Senator from Rhode Island.
Under the provisions o f this proposed remedy the State of
Xew York, which in the last panic needed more than four
hundred millions to stop the panic, would be allowed to receive
under this bill less than one hundred millions. The chairman
of the Committee on Finance takes some pains to advise the
banks of the country that the suspension of bank payments
with its resulting strain upon the credit of the country will not
again te tolerated, and he says with great force that “ the fail­
ure of the bank to meet its demand obligations is a violation of
every law governing its conduct” and existence, and that
“ bank managers should realize that a repetition of these viola­
tions will not be permitted,” and having thus given a solemn
warning to the bank managers that they shall not hereafter re­
lieve their own distresses by their own devices, he offers as an
abundant remedy an emergency circulation which he so limits
and surrounds with conditions that its future failure to relieve
the bankers is made reasonably certain.
It looks to me this bill will prove an anaesthetic to prepare us
for a future operation, a future bear raid on the commerce and
industries of the nation.
W e have just had what the farmers call a “ hog-killing”
time, and somebody has canned the lard. The physical proper­
ties of the country still remain, but the change of ownership
from weak hands to strong hands is obvious to any man who is
not feeble minded.
k '
The chairman of the Committee on Finance himself advises
us In his speech upon this question of the extraordinary steps
which were taken to avoid final disaster, and which did not
avoid final disaster. He points out the deposit of public money
in New York and other banks between September 30 and Decern
her 7 to the extent of $70,000,000.
Second. O f clearing-house certificates, $190,000,000,
Third. Of checks intended for currency, $75,000,000.
Fourth. A forced enlargement of bank-note circulation from
October 1 to January 1, $94,759,115.
Fifth. Gold importations of $107,000,000 (the exclusive prod­
uct of our cotton and wheat), and he fails to count over two
hundred millions which were bought by a 4 per cent commission
bringing hoarded currency into new circulation; he fails to
count innumerable devices throughout the country which are
not a matter of record by which currency was brought from ^
hiding.
And he fails to point out that every dollar drawn from hiding
by the taxing power of the United States was instantly re­
deposited in circulation. He fails to point out that there was
two hundred millions of public funds placed with national-bank
depositors to assist in this critical demand for currency through
which the country was being forced in 1907.
And he fails to mention the effort made by the President and
Secretary of the Treasury to reestablish public confidence by
the offer to the country of one hundred millions of 3 per cent
clearing-house certificates, and fifty millions of Panama bonds,
which had a hypnotic effect upon the country favorable to confi­
dence and which helped to abate the terrible panic under which
the country was staggering.
I pause, Mr. President, in my remarks, to say that I feel it
my duty to commend the President of the United States and

/

CONGRESSIONAL RECORD— SENATE.

2448

the Secretary of the Treasury, in offering at this critical period
| the 3 per cent certificates and the Panama bonds.
I do not care to debate the question of whether the_ offer was
justified under the strict construction of the law, waiving that
point and granting, for the sake of argument, that the offer was
not thoroughly justified under the strictest construction of the
statute, nevertheless the emergency of this panic, in my yudgmerit, justified the President in this effort to relieve the country
from its danger. I f I had been invited to express an opinion
before this offer was made I should not have failed to recomrnend It, and having been the beneficiary of the action of the
Executive I am not willing to be silent and to withhold my
commendation of the Executive act.
I trust that the legislation now being framed shall be drawn
in such a manner as to make it unnecessary from this time for­
ward ever to resort to similar measures for the relief of panic.
More than a thousand million was needed to control the last
panic and then it was not effectively controlled.
But under the remedy now offered us by the committee meas­
ure, the storm center— New York— would receive less than
one hundred million.
Mr President, our banking capital, has grown in seventeen
years 230 per cent, and in seventeen years more it will be as
much greater by 236 per cent of the present banking capital.
This bill is drawn not for to-day; it is drawn for the future and
no limitation of $250,000,000, as first proposed by the chairman
of the Finance Committee, nor $500,000,000, as now reported by
the committee, will be adequate in ten years, even if it were
adequate now.
The committee measure is fatally defective in putting this
limitation of volume on these emergency notes. The substitute
I shall offer, Mr. President, puts no limitation upon the emer­
gency notes proposed except found in the words, “ this act
shall not be construed to limit the issue of such notes if in
the opinion of the Secretary of the Treasury an emergency
exists for a larger issue than the amount required to be pre­
pared by this act.”

I

d e p o sit s

and

r e ser ves

*

sh o u ld

not

be

used

for

sp e c u l a t iv e

PURPOSES.

Sixth The substitute is superior to the committee measuie
because it forbids the use of the national reserves held as de­
posits in the national banks to be loaned for the speculative
buying of stocks or bonds, agricultural or food products, th e
committee measure is confessedly drawn to prevent panic.
One of the most potent causes of panic is the ioaning of the
national reserves and deposits sent to New \ork for the specu­
lative buying of stocks.
. , ,
.Such loans, while supposed to be quick assets, are in point of
fact not quick assets. Every bank and trust company in the
United States keeps a balance in New York upon which they
rely for cash and which is always available for cash ext p
in time of panic, but when panic ensues and the depositors ot
the New York banks begin to hoard money, these reserves in
New York are no longer available for cash. Nor can the
national banks which are making loans for the speculative
buying of stocks force such speculative borrowers to pay cash at
such a season. If they do, they make the panic still worse,
and by beating down the prices of stock through such weed
liquidation they increase the alarm throughout the whole of the
United States. These stock quotations are printed on the pages
of tens 0f millions of daily papers, and these quotations go to
every city, town, and hamlet in the land. If the New York
t n / s compelled liquidation of the five hundred million they
S d foa S out on k e se stocks last toll. It would Dave broken
stocks to a noint wliicb would have alarmed the country most

f

\
!
1
l
\
\
\




F ebruary 25,

in refusing to recognize the value of that stock as in excess o f
60 on making loans, its price would fall to 60, because these
prices are fixed in the speculative markets and the banks fix the
measure of the value of such stocks handled on the stock ex­
change by limiting the loans on such stocks, I regard the opera­
tion of this financial policy as certain in its operation as the
law o f gravity.
^ , .
,
A community of interest among the New York banks, con­
certed action in credit extensions, could establish through the
stock exchange the most powerful money and credit trust on
earth.
But I call the attention of the Senate to the tremendous fluc­
tuations in the prices of these stocks. Amalgamated Copper
about a year ago was worth over 100 per cent of what it is
to-day, and was so recognized by the banks as a basis for loans.
The game of finance on W all street is a great game and the mas­
ters of finance can control and direct the prices of stocks with
reasonable precision. It is no idle figure of speech to speak of
the speculative class who enter W all street from the outside
as “ lambs.” They go to their ruin and their property is ap­
propriated by men of higher intellectual force and greater finan­
cial power.
...
Tlio people are Induced to buy these stocks and then are induced to sell these stocks by representations made to them
with diabolic skill and ingenuity, persuading them in the first
case of the great value of the stock and persuading them in the
second place that the stock may lose all of its value and is
too dangerous to retain. In this way the gamblers on the
stock exchange continually steal the property of the Ignorant
and thoughtless, through the gambling passion, but what
is infinitely more serious they unsettle the stability of our
commerce and prepare us for panic with its deadly national
blight.
A few of the conspicuous samples of the high and low prices
I submit, and full tables I submit as Appendices F and G to
my remarks.
,

page
High.

Adams Express---------------------------------- --------------------- ----------------Alice Chalmers Co-----------------------------------------------------------------Amalgamated Copper----------- -----------------------------------------------American Beet Sugar Co----------------------------- -------- ------- -------—
American Cotton OiL.-----------------------------------------------------------American Express— . . . — :— ------------------------------------------------American Grass Twine.................— ...................—--------------------American Hide and Leather------------------------------------- ------------American Ice Securities---------------------------------------------------------American Linseed Co.— ------------------------------------------------------American Snuff Oo.................. — -----------------------------------------American Steel Foundries----------------------------------------------------American Woolen Co------------------------------------------------------------Atchison, Topeka and Santa ----------------------------------------------Baltimore and Ohio— --------------------------------------------------------x
Delaware, Lackawanna and Western---------- ------------------------Denver and Rio Grande-------------------------------------------------------Duluth, South Shore a n d Atlantic................ ........ ............. ........
General Electric--------------------------------------------------------------------Great Northern preferred----------- ------------------------------------------Iowa Central------ -----------------------------------------------------------------Kanawha aDd Michigan-------------------------------------------------------Kansas City Southern----------------------------------------------------------Knickerbocker lee— ................................................. .......................
Lake Erie and Western------ ------------------------------------ -------------Manhattan Beach.............................................................................
Missouri, Kansas and Texas R. R—- ........... ........ .......................
National Biscuit Co........................................................................
New York, Chicago and St. Louis------------------ —-----------------New York Central...............- ...........................................................
Norfolk and Western-----------------------------------------------------------Northern Pacific----------- -------------------------------------------------------Northern Central-----------------------------------------------------------------Ontario Mining---------------------------------------------------------------------Pennsylvania Railroad_____________________________________
Peoria ajjd Eastern--------------------------------------------------------------price of stocks, and there are moie Mays to contract credits Pere Marquette--------- --------------------------- ------------------------------Pullman C o ..-----------------------------------------------------------------------Reading--------------------- ----------------------------------------------------------c ^ l t , which caused the great
Tennessee Coal and Iron---------------------------------------- --------------United Railways Investment...............................................................
market, was in refusing to loan as much money on stockJ f
United States Cast Iron------------------------------------------------------time to time, as had been previously loaned on such stocks.
United States Express------------------------------- -------- ----------------All the banks had to do to cause a “ bear movement and the United States Leather---------------------------------------------------------lowering of the prices of stocks was to withdraw the extension United States Steel------ ----------------------------------- --------------------

of credit to such stocks on the higher value and assume a lowe
vaiue as a basis of loans; to ask more collateral in stocks on
maturingtoans. I f a bank says I will lend you m oney on Ama «amated Copper with a 20 per cent margin, estimating Amalga
ruated Copper at 120, the stock would be affected by this extension l f credit. I f the banks were unanimous m refusing to
recognize Amalgamated Copper as worth more than 110, its
S v a C w o u M full to tout point I f they were unau.mous

13, Of

Low .

October 21, 1907.

315
27
130
36
57
272
62
13
04
30
250
18
48
110
125
560
53
24
334
348
57
76
39
85
76

2
2

43
86
76
174
97
700
250
13
170
50
106
268
164
166
99
53
160
20
55

114
4
33
9
24
142
3
2
20

5
a.

29

7
18
55
171
19
4
109
140
11
10
7
8

1
2

4
9
23
11

90
22
45
150

1

110
5
20
148
15
25
9

6
4
5
0
8

Here these values are shown to fluctuate from the low to the
high, not by ordinary percentages— 5 per cent, 10 per cent, or
20 per cent— but by 100 per cent, by 500 per cent, by 1,000 per
And yet these gamblers raise a howl of lamentation if any*
body proposes to make stable these v a lu e s , and appeal to tug

a ,

CONGRESSIONAL RECORD— SENATE.

1908.

heaven in the name of the widows and orphans whose last
dollar is invested in these precious securities.
,
Take the Adams Express Company. The high price of the
Adams Express Company stock since 1900 was ol5 and the ow
price 114. Amalgamated Copper,_ ISO the high price and 33 the
low price, a stock involving millions upon millions, a d
has been used to steal away millions of dollars fioni
,
pecting ignorant classes of this country, and these ignorant
classes embrace educated men who, although they seem
educated, are still ignorant of these refined, insidious processes
that are so diabolical and so crafty that only one man in a
million can see through them; and so this old, old game oi
stealing the property of the unwary goes on year altei jea
and year after year and this body sits here, and sits, and sit ,
supine, and offers no relief. The country expects relief, and as
one of the members of this body I demand relief. J his bill mil.
be amended. It must provide that this process of stealage am
panic shall stop. The people of the United States have a right
to make this request. They expect it of this body* and, m their
name, the S e n a to r fr o m O k la h o m a d e m a n d s it.
..
.
The point I wish to call attention to, however, Mr. I resident,
is the fact that the national banks are used as agencies tor car­
rying on these gambling transactions on the stock excnange.
It is, as I have said, the most stupendous gambling palace o
the face of the earth, where the intelligence of the victim r
drugged and loaded dice and trapdoors prevail. 3.Aey so ,
pretended to sell, values during the last y e a r o f iove.1 T a ^
11.“ ‘'
thousand millions, an average of over one hundred mil
clay for every business day in the year. They used for this pur­
pose, on a margin of about 10 per cent, nearly all oi tne re­
serves placed on deposit in New York by the banks or tins
country, and when the critical time came that our national com­
merce called upon their banks of deposit from Maine to Cali­
fornia for the currency necessary to transact the aU
S11^es®
our national commerce, the New York banks, who had oe
engaged in promoting these gambling transactions for prom, a n
who had by their own tactics caused a gradual reduction m tne
values of stocks from the beginning of the “ bear
niovem
until its culmination in panic, were unable to respond to tnur
contracts with their correspondent banks. They were um
to pay currency because their own conduct in promoting
great gambling scheme of the stock exchange, which culm n‘
in the panic, frightened the people of the country who haa t
personal deposits in the banks, and a sudden withdrawn
hoarding took place in New York, tying up within a wee
enormous amount of currency. Whether this was promote
y
certain “ wealthy malefactors,” who helped engineer s
scheme and at the critical moment withdrew currency 10
purpose of promoting panic, is not material.
The poi
V is h to emphasize is that the use of these reserve tuna ,
deposit with the New York banks for loans in the specuin
market, was one of the direct causes of this recent panic.
The committee measure is avowedly for the purpose o i
venting panic.
..
rq_
The most notorious cause of panic are these gambling I
tions which have threatened the country by the steaay
traction of the market price o f stocks. The committee m
ignores the chief cause.
...
hill
The substitute measure is superior to the comm
because it removes this potential cause of panic.

2449

is a loan for the speculative buying of stocks, bonds, agricultural
or food products.
. . , . . ,
, , ,
I insist upon it that this measure which is intended to prevent
panic should not close its eyes to the most important contribu­
ting cause of panic.
ACTIVE BANK OFFICERS FORBIDDEN TO BORROW.

Seventh. The substitute measure is superior to the commit­
tee measure because it removes another potent cause of panic.
It is well known that the action of Morse in borrowing the
money intrusted to his keeping for his own uses, in 1907, was
flip snark which ignited the inflammable material prepared by
the gambling transactions above referred to. The powder and
dynamite were carefully arranged and Morse was the detona­
t e - cap that produced explosion. Iiis property, I am informed.
nassea into the hands of those abler and wiser than he,
Jnd in the same way the United States Steel has taken over
?1 Tennessee Coal and Iron, and we see the pleasant spectacle
m
I t th
e” S l of the Attest, a new instance ol the lion and tlM
lamb lying down together.
THE GUARANTY OF DEPOSITS.

TUP substitute provides that ^nintere,st-bearlng deposits in
national banks shall be guaranteed out of the tax paid by the
national banks on their present circulation and by the pronosed tax on emergency circulation.
1 As I have heretofore pointed out, the tax on the annual cir­
culation is over three millions per annum, and the average loss
to depositors of national banks during the last ning years is
«efv poo per annum.
** w f* ' r
<
'
’ V
There would be no need for so large a guaranty fund ex- *
A f01. its moral effect. There is no harm in making it so
nhimdant that confidence in the fund should be assured. There
might be harm if the fund were not large enough to thoroughly
establish public confidence.
A s I have already pointed out, the fear of the depositor is
t h e " real cause of hoarding money on a large scale by the
people. I f you remove the cause for this hoarding, there will
be no panic capable of seriously harming our national comluercG*
When the depositor is absolutely assured in the security of
his deposit, regardless of the solvency of the bank, he has no
reason whatever to withdraw his funds, and he has no reason
to hoard it.
,
,
,
There is a class of persons who do not keep any bank account
because of their distrust. One of the strongest benefits arising
from the guaranty of deposits would be to bring out the cur­
rency hoarded by this class of people, who at present do not
keep any bank account.
.
'
The insurance plan would bring into activity a considerable
volume of money which is now hidden.
But the value of the insurance plan is not the protection of
the depositor; it is the protection of the public; it is the pro­
tection of our commerce; it is the promotion of the stability of
business conditions which is specially to be desired. The de­
positor is perfectly safe now, but nevertheless when he takes
fright and withdraws currency for hoarding and produces a
panic he is very dangerous to our commerce, and it is this
danger which should be abated.
I have received a vast number of letters from bankers with
regard to the insurance of deposits. The great majority of
these letters strongly favor the guaranty plan and give abun­
WIIAT IS A LOAN FOR SPECULATIVE PURPOSES?
dant reason therefor, I submit a sample of these letters
Mr. President, I have been challenged with the inquiry, Mhat (Appendix “ E ” ), but I have also received various letters
from bankers opposing the idea of the guaranty of deposits.
is a loan for speculative purposes?
,
Mr. President, this question is asked by a ]&wyer ai “
g.
I have carefully read the letters which oppose this proposi­
be debated by a sophist. It might be asked!>y o n e ^ e a ru tion and have scrutinized every objection made.
critical analysis of language; by one who might plead t
‘ .
The first objection is that it will promote reckless ’ anking,
b
which will encourage unscrupulous bankers to offer high inter­
action in life is speculative; that whether we shall ax
morning or be found dead is speculative; that anj
est for deposits, with a view to embezzling the funds of the
transaction which is not absolutely concluded is sp'
4
’ depositors; that this would be at the expense of the honest
because any exigence which might arise that wo
]
t bankers of the country. The answer to this is—
the issue from the domain of certainty contains an eiem
First. That interest-bearing deposits are not insured and,
of uncertainty and of speculation.
qrui therefore, the entire objection fails because the supposititious
In answer to all of this refinement I say bl unt y tind embezzler has no inducement to offer for deposits, and, more­
plainly that a loan for the speculative buymg
.
or over, the honest banker pays nothing more under the plan pro­
easily ascertained and determined by a comL
, , ‘ se w a posed than he does now. It costs him nothing.
competent bank examiner as the color of a b <
Second. In the second place, the embezzlement of funds is
person with two good eyes.
., .
cPai 0f made sufficiently unattractive by the criminal code to prevent
The effect of this proposed s t a t u t e r e s e r v e s
the predicted embezzlement.
condemnation on the practice of using oui m
1pj •„!
Third. In the third place, the safeguards of national banks
deposited in New York, for gambling
are otherwise abundant to prevent embezzlement, and with l
the legitimate uses of our commerce. A bank examiner who 6,609 of such banks in the United States the losses for the last /
.does his duty will speedily pomt out
not wisfi t0
what i nine years has been a negligible quantity. The persons w h o /
Vobtuse as uot to see, or to him who does ot -v •
’

XLII-

-154




.S'.

CONGRESSIONAL RECORD— SENATE.
invest their money in a national bank are subject to a double
liability, so that the stockholders of a national bank of the
smallest kind put up $25,000 and are liable to a like amount
under the law before any harm can come to the depositor.
This equals a $50,000 bond to secure fidelity.
No bank can start with any prospect of success that has not
a board of local directors favorably known to the community,
who comprise a further safeguard.
There is no force whatever in this objection.
Another objection which is offered is that it puts a conserva­
tive banker on a par with a reckless banker who will offer
special privileges in exchange for deposits.
,
The answer to this i s : He is not allowed to insure an interest-/
bearing account; the depositor is protected by double liability?
of the bank’s stockholders, and that the depositors are perfectly
safe now, as a matter of fact, and there would be no more force
in tlie objection under the new condition of insurance than
there is under the present condition of no insurance.
,
But everybody familiar with the banking business knows that
the primary condition of a deposit is the belief of the depositor*
that the bank is safe. The real factors which control the de-1
posit are the personal friendship of the depositor for the banka
for some of its officers or directors or stockholders; the factj
that it is convenient to his business; the fact that he has a
right to expect the reasonable business accommodations ta which
he is entitled. These are the motives which control deposits.The question of the security of the deposit does hot control
it except in a negative way. A man would.ifbt deposit where he
had doubt; and if a bank wope in the hands.-of a reckless, ex­
travagant man, the common people can be relied on to find that
out, and no such man can attract deposits against a man more,
honorable and more worthy of trust.
Another objection which is nhnde is that it will do great harni
to the State banks, because theKtate banks, will not have a like
insurance.
,
, .
The answer to this is that the national banks for the last nine
years have lost their depositors relatively only about $1 where
the State banks have lost their depositors $23. The average loss
of the State banks has been about $4,000,000 per annum, and
the average loss of the national banks has been about $85,000
per year for the last nine years.
Notwithstanding this greater safety of the national banks the
State banks have twice as much in deposits. This further dis­
credits the theory of the objection.
It is not true therefore that greater security of the national-bank
depositor would break up the State banks. I think it is true
that where a small State bank in a town has a small national
bank as its rival, under the guaranty plan, it would weaken to
some extent the deposits of the State bank, especially in time
of panic, if there should ever be a panic under this improved
system and in the event that the State did not arrange in­
surance for the State bank depositors.
But this difficulty has been obviated’ by putting the insurance
plan into effect only after two years shall have passed, to wit,
March 1, 1910, except in States where the deposits of State
banks have insurance. Within these two years e ve ry State can
adopt a like precaution for the benefit of the State banks, and
no friend of the State banks needs to be afraid that the State
banks will not look after their own interest in this respect.
It is highly desirable and of great national importance that
every State in the Union should promptly pass a State law pro­
viding an insurance plan for the depositors of State banks, and
the insurance of the deposits of national banks in the pending
measure would lead directly to this desirable consummation.
Even if any State failed to provide an insurance plan, any
State bank which felt the slightest harm from the State’s omisf sion could take out a national-bank charter, and thus be dej fended from any loss of deposits from this source.
It should always he kept in mind that it is not the welfare
of the bank, nor the welfare of the depositor which is the main
object to be attained, but it is the prevention of panic, the pro­
tection of our commerce, the stability of business conditions,
and the maintenance in active operation of the productive
energies of the nation, which is the question of vital importance.




SHE RESERVES AFFECTED BY STOCK GAMBLING----PROTECTED BY SUBSTITUTE
MEASURE.

Mr. President, the reserves of the State banks and trust
companies is about three hundred and ninety millions, against
eighty-seven hundred millions of deposits— less than 5 per
cent.
The national banks have really available less than seven
hundred millions, against a gross deposit of over six thou­
sand millions, and the national banks owe the State banks
more money than they have in cash, including all their reserves.

F

ebruary

The daily checks drawn against the reserves of all the banks
in the United States is equal to at least $2,000,000,000 a day,
nearly twice as much as the total amount of all the cash in all
the banks. About 5 per cent of these checks are handled in
cash, making nearly one hundred millions of cash a day.
These reserves would, nevertheless, be abundant if the coun­
try had assurances of peace from the gamblers of the stock ex­
changes.
t should be remembered, Mr. President, that the gamblers
> the stock exchanges are composed of two classes— the bulls
n
'and the bears. It is the business of the bear operator to de­
stroy confidence, to break down values, and his resourcefulness
in this respect is wonderful.
He uses every power of the public press.
He circularizes the public.
He uses the agencies of the press of every kind and fills the
country with suggestions of panic and disaster. He is backed
by unlimited wealth, and there is the most substantial reason to
believe that he has been backed during the last eighteen months
by the wealthiest men in the world, who, not content with for­
tunes so vast as to be incomprehensible to themselves, have
desired to break the stock market for the purpose of using their
hoarded currency and hoarded and available cash credits for
the appropriation of the stocks and properties held by weaker
men. I shall not stop to criticise the moral aspect of this mat­
ter. I only desire to emphasize the fact that these bear op­
erators are able to cause violent fluctuations of credit, violent
fluctuations of interest rates; that they set out false signals
to produce shipwreck for their own profit. It is to stop the
disastrous results of their campaigning and to stop their pro­
motion of panic conditions that I earnestly insist upon the
remedies proposed in the substitute bill.
First. To prevent the use of national-bank deposits for
! stock-gambling purposes.
k Second. To redistribute the reserves, to withdraw from the
central reserve cities a portion of the national reserves actually
required for the use of our commerce, to strengthen the re­
serves of all the banks by bonds suitable for emergency notes.
Third. Chief of all, to provide an insurance plan that will
prevent any attack on “ confidence ” being successfully em­
ployed by bear operators against the bank depositor.
Fourth. To provide emergency notes, properly secured, in
volume great enough to meet any contingency whatever, and to
have such issue taxed in a sum high enough to compel the retire­
ment of such notes when the emergency passes.
When we shall have made panic impossible in this country
our great Republic will move forward with a stupendous com­
mercial development that will be the astonishment of the world.
Our resources are infinite, our people the most intelligent,
inventive, and active in the world. The measure which is now
before this body is the most important bill which has come be­
fore the Senate for many years. The great variety of opinions
entertained proves beyond doubt the fact that our statesmen
do not well understand the problem. But they have the in­
telligence and patriotism necessary, and should employ the
patient industry requisite to its complete mastery, so that this
measure when passed shall be perfect. I entertain a profound
hope that this question shall be studied in a manner entirely
free from all prejudice and with an earnest desire to promote
the common welfare of our beloved country.

j

\

Appendix A.

Remarks of Robert L. Owen on Senate bill 3023.
M u sko g ee , I nd . T., September 2 6 , 1S99.
A METHOD OF CONTROLLING FINANCIAL PANICS.
It has been said that so long as human nature remained the same
financial panics were unavoidable, the idea being that panics were
necessarily caused by the natural tendency to speculate and operate
on an unsound basis.
Nothing could be more fallacious or mischievous than this opinion.
Certainly unsound speculators must come to ultimate liquidation, but
that sound operators must also be ruined in great numbers every ten
years by an unavoidable periodic panic is absolutely false.
It is true that the United States has had panics inflicting enormous
injury about once in every ten years, ruining thousands of careful and
industrious business men through no fault of their own, throwing out of
employment many hundreds of thousands of honest workmen, destroy­
ing vast property, and exercising a depressing effect on all future
enterprises because of the wreckage strewing the shores of the busi­
ness sea.
It is true that these insensate, unreasoning panics, wrecking the sound
as well as the unsound, have been periodic, but it is also true that no
effort has been made to prevent them and that they can be easily
prevented; that England, Germany, and France have each provided an
efficient means of control, whose essential principle is available in the
United S tates; that the English method protects the Irish and Scotch ;

CONGRESSIONAL RECORD— SENATE.

1908.

that the French method protects Belgium and SwBzerland, and the
German method protects Holland, Denmark, and all the German States.

2451

greatly by toe very low prices following a panic. They can by suddenly
calling in and hoarding very large sums of cash bear prices exceed­
ingly and even cause a general panic.

PANICS ABB UNAVOIDABLE UNDER THE PRESENT LAW.

NORMAL SUPPLY AND DEMAND.

Under the present laws of the United States panics are unavoidable.
Indeed absolutely certain, whenever the mutual confidence of t e p *
Pie is shaken, no matter what the reasonable or unreasonable cause
“ W ant of confidence” is the pregnant cause leading to
of confidence may he due to the shrinkage of the gold leserve in t
United States T reasury; to the shrinkage of the bank reserves, to the
failure of some great house preyiously widely known and trusted, in
that of Jay Cooke, in the United States, on Overend, Gurney & Go., m
London; to civil revolution, or even to the faise suggestion that
panics are periodic and due every ten years. The whisper, everyw
current, that we are going to have a panic hypnotizes the puDiic mmu
and excites that unreasoning fear which is the base of all panics.
% In the last panic of 1803 the confidential whisper went out from
New York that we were going to have a panic, and the writer or tms
article, one of thousands, caused the hank of which he was preside
to reduce the outstanding loans as much as possible and stiengtn
the reserves by every means available. This course of action, pursue
throughout the Union by the banks generally, enormously mci eased
' the demand for money, in the same degree diminished the ayaiiatue
su p p ly,. and put the business world in a condition of high nervou

To comprehend panics and their remedy the question of demand
and supply o f currency should be considered. The normal supply of
actual cash in hank in 1893 was about $450,000,000.
It is now
probably about $650,000,000, excluding cash items. The normal daily
demand for the payment of current commercial indebtedness amounts
to about twice the actual hard cash in all the banks, or exceeding
$1 000 000,000 each day. The estimate is arrived at as fo llo w s: The
clearings of the New York City banks for May were five and one-half
billions. It was equally large for March and April. These clearings
only include the checks held by each bank against its associate banks
in the clearing house, and do not include the internal checks of these
banks which are paid in cash or which transfer credits from one

The banks of New York in 1893 advised their correspondents that the
Sherman purchasing act was diminishing confidence in the bi»n sum
ing of the American dollar, was taking gold out of the United “ tates,
that until the law was repealed or the agitation was settled they wou a
not be able to extend the accommodations previously afforded to tnei
correspondent banks. The New York banks began to limit new loans jo
a market which by the force of usage did not anticipate refusal o f loa
on good security. The banks began to call in loans whose security u
unquestionable, and on June 7, 1893, they forced to sudden settleme
a vast sum in “ call loans ” when none of the hanks were lending o
time. This was the crowning offense against “ confidence.
ube wanr
of “ confidence” that immediately set in among the creditors oi
banks (that is, their depositors) caused them to take from the banys
a vast sum of cash, equal to about $960,000,000, during the com
of the events recited, to wit, from March to October, 1893.
th e Danas,
though enormousfy rich, were in great danger of bankruptcy frommnese
withdrawals. They were compelled to resort to various devices to no
their creditors at bay. and among other things they stood back to nac
for mutual protection and issued clearing-house certificates > l\\
n
York and Boston exceeding $52,000,000. These certificates relieved tne
great pressure on the available cash and thus practically supplemen t
the withdrawal of the currency. Except for this extraordinary act
the readiness of other clearing houses to do the same thing umveis
suspension might easily have ensued.
DEPOSITS AND CASH.
The banks of the United States in 1893 owed their depositors In
March, subject to Immediate demand or demand on short notice, u
enormous sum of $5,338,000,000, and the total cash they held was
about $533,000,000, which included “ cash item s” in the reports oi
the State banks, savings hanks, trust companies, and pnyate oamcs.
Who estimate “ cash ite m s” the same as "c a s h .”
" Cash items
not “ cash,” but checks in transit, and making a reasonable deauct
for such items there could not have been exceeding $ 4 ;>0 ,d u o,o u u iu
cash in all the 9,500 banks in the United States, a sum equal to om j
8J per cent of their deposits.
,
^
. +v,aI_
The banka are obliged to have a certain amount of money in ineir
tills to cash current checks, to make change, etc., w h ic h is ioi
practical purposes as much of a fixture as the desks, books, auu
papers of the bank, and which cash is not available for paying men
creditors or making loans.
Allowing for “ till money
par cent,
would leave about 5 per cent of the deposits as the sole reserve against
the demand of the depositors.
The like ratio substantially now
exists between deposits and cash that existed in 1893, a ratio wmcn
makes possible (there being no relief provided against panics)
violent fluctuation in the rate of interest.
Money to-day (»eptern oer
26, 1899) on call in New York is quoted at 20 per cent. It has o f te n
been higher, hut such a rate shows how unstable the condition is an ,
moreover, is itself a factor tending to disturb public confidence anu
bring about a panic.
,
Of course the national banks of the reserve cities are
have a reserve not less than 25 per cent of their deposits, th e hnancial reports frequently speak of this great reserve as a bulwark oi
strength. In sober truth nothing could be more deceitful, because tms
money regarded as 25 per cent of the deposits is a reserve not only
against tlie private deposits of the New York banks, but is the actuai
reserve against all the deposits of all the correspondent hanks ol N ew

CUEstTmatinga tht activity of other depositors by the activity of the
e
depositors in the associated hanks of New York (New York banks hav­
ing one-seventh of all the deposits), toe total clearings would be seven
times five and one-half billions, or thirty-eight and one-half billions
monthly
If there were any excess in this estimate of external clear­
ings it would be fairly counterbalanced by the vast volume of internal
checks of the New York banks and of over 9, <00 banks not in the
clearing house of New York, whose chief business is in Internal clear­
in g; or unrecorded external clearings, and the same character o f busi­
ness of probably exceeding a hundred thousand merchants and com­
mission men and brokers who receive deposits and pay checks, but
whose reserve cash is all in the banks on deposit. The estimate of
noo 000 000 a day in checks is surely well within toe actual facts.
No full statistics are available, and this must be a matter only of
conjecture • Nevertheless the suggested relation is sufficient to demoncti-aVe that the normal daily demand is very large. One unacquainted
with banking may say, Ilow can a bank stand an issue of checks daily
lAvicp as great as its cash on hand? The answer is sim ple: These
d ra w no money out of banks, but simply transfer book credits
from one account to another— from A to B, from B to O, and from
B and C to A, etc.— and usually require only about one dollar out of
twenty ian^.ah^ jien jjiese checks draw out cash for hoarding that they
hern me dangerous. A hundred thousand in cash drawn out for hoard­
ing m a V shrink the total deposits $400,000 immediately.
For example,
8U)0 000 drawn out of Sherman, Tex., banks by frightened depositors
for hoarding may be drawn by these banks from the Dallas reserve
banks who may draw upon their reserves in the St. Louis banks, who
mav draw upon their reserves in the New York reserve banks.
mjie $ 100,000 thus locked up by Sherman depositors diminishes the
denosits of the New York banks $100,000 in actual c a sh ; of the St.
Tonis banks, $.100,000 in book-credit cash; of the Dallas banks, $100,000 in book-credit c a sh ; of the Sherman banks, $100,000 in book-credit
v
Tjm k T>nllns « n
rJ Shfirmnn hunks finnli nr a H
hnrtr
Tud 'communicates tlie feeling to others. If the depositors all over the
country are alarmed and the withdrawals for hoarding run into the
millions then the alarm may become extreme and a panic ensue. The
, ‘ p exaggerated instance of $400,000 shrinkage in deposits by the
withdrawal of $100,000 in cash is, of course, merely used to illustrate
thePrinciple that actual cash withdrawn seems to withdraw a larger
emm Hud excites alarm the more. It has its converse view, and it will
he observed that in such an instance $100,000 in cash would settle
«400 000 of hank debts to depositors.
The normal supply for banking purposes at present is about $650 noo 000
This Is the total amount which 9,800 national banks state
hnnkV nrivate hanks, and loan and trust companies have been able to
secure S g
all their great influence to gather in all the available
monev of the communities in which they operate
They have from
fifteen to eighteen million customers; they have all the wholesale and
iffi merchants tradesmen, and shopkeepers of every description.
Elverv retailer in ' the land, supplying every need of the people for food,
clothing furnishing, and articles of trade and industry, diligently
cofleet every dollar of currency they can from the people and deposit

H ime3monerwh?ch&remains in the hands of the people is comparatively
n S
£ £ "

lu t

ttov actually need for pocket money. It assuredly
“ S i c a a supply to moot the demamj th
“

times of panic.
Treagury Department reports about $1,700,000,000
It Is true that tne ireasuiy
p
the prestige of past reports
n circulation
Tins ^neraDie ncuiou
eri.0£ eous.a W h at banker or
n its favor hut the estimate
prepared to believe that the
business man in the
c^ ency in toeir pockets as all of the
people bay? t ^ c e
nrivate and savings, trust company and
tanks— national and State, Private af l p e j .g£n> -n the
%tates

mercantile world, \
a'u t]lcjr influence to collect the money of
on t h e i r f ° ^ s t a t e s in toS the h a n k s — have succeeded in obtaining?
The S n k s o f the country have probably three-fourths of all the m oney;
m e hanns oi tuc
.
checks on the banks are about twice
f s ' S f a t . Y C X , t a t t e & , * » « a? great „ all the cj.sk in the
nannirv nn the very liberal estimate that the banks have only one-lialf
The error in the estimate of the Treasury Department is due
Between March and October of 1893 toe depositors of the national the cash
to the follow ing: They have made no deduction of paper money in
banks drew out over 18 per cent of their deposits. Granting m at t
It may have been lost by
other banks suffered as much (and their average loss '™ s P ™ ;
J „ ntL large or small, lost or destroyed.
fire and flood, by accident, by design, by endless casualty. Even large
m ore), the total withdrawal of cash was $960,000,000. Of course
cash withdrawn in a large degree was again attracted to tne n
> Knms of old bonds, which were of large denominations and which
hut the striking 1U
fact is that c bUUUbil panic, causing a sudde - finra o f f e r e d every inducement against carelessness, have disappeared and
s
LH me
ll
CL
L L a sudden
llci. l
withdrawal for hoarding of 85 per cent of the ^posltsq w
d hav
remain unpaid.
Not only is silver and gold subject to the same ac­
bankrupted or suspended all the banks of the United States.
, , cident and loss as paper money, but large quantities of silver and gold
are used in the industrial arts for an indefinite number of purposes.
ing bankers are aware of this relation, a n d are ^e.^ f d in ^ y
„
easily alarmed when conditions arise likely to disturb public^ conn
The M int reported, in 1892, having furnished for industrial use $16,deuce,” and this alarm runs through the banks and toe business world 644 953 in gold an<* ? 9 ,631,746 in silver, a total of $26,276,699 in one
year. And yet toe estimate of withdrawal of coin for such purposes
like a delicate shock to the nervous system.
financiers who
It should not be forgotten that there Is a class of financiers
is put at an annual sum of $1,600,000. The English estimate for the
make fortune by hoarding money and disturbing
con d
•
same is put at an average of $7,500,000 for about half as many people,
to hear stocks and bonds.
“ W ant of confidence, g i v ^ tneir noarueu and a people much more economical, for gold alone.
There is no
funds greater purchasing power a n d a net gam is m
A
^
special occasion for persons wanting gold to go to the mints when the
again on a higher market when 1 confidence
® crave' reason to
gold is in circulation and they can get it for industrial use by taking
continually done on a small scale, hut there Is a
g strong operait from the circulation.
Of course no record is made of such with
believe it is occasionally done on a vast scale, ^ertaiilly strong opera
drawals, and it is difficult to determine what the amount actually is
tors holding large masses of cash loaned on call oi hoaiuea piont

If a run for hoarding should take place among the depositors of toe
country banks who hold their reserves in New York, this so-called
-a >
per c e n t” would be quickly exhausted. This 25 per cent reserve is, m
fact, not the reserve of toe New York banks only, but it Is the resene
of the thousands of correspondent hanks who keep their surplus money




CONGRESSIONAL RECORD—-SENATE.
but It Is probably $15,000,000 a year in gold, or $150,000,000 in ten
Gold and silver are buried by m isers; every dollar the Chinese get
is said to be shipped to China, and their total earnings ^ av®
Gold and silver are shipped to Europe by multitudes of small Persons
for use there, and no account is kept of it except
happen to be very large. The large shipments from 1870 to 1800 maae
an excess export of gold of $618,835,551. The a m o u n to fg o ld w h ic h
American tourists carry over in their pockets and never b u n g hack n
s
very considerable, probably amounting to millions_annually .. lm s . leak
age of our currency has been going on in degree since the foundation or
our Government, and it must now have reached a v a s t Q >
saIP
’
with a commercial system developed to a marvelous degree of e®ciency,
the total amount of visible money is less than one-third or tne esu
mated supply. The visible gold and silver in the national !)a n k s o t
the United States July 14, 1898, was 528 4 , 9 2 1,3 3 7 o f gold, $ 4 4 ^ 2 1 ,6 0 1
of silver, or a total of $329,342,938, and the other banks about one
half as much, or $160,000,000— less than $500,000,000 ^
,? f U n ite d
„
000,000 estimated among the people. The est1 5t® .0^Jj+|d states
“
h
States Mint— which is extravagant if the estimate of the
is a sample— puts the world s stock at $4,359,600,000 gold <
)
? 4 lt® V m affiertSthat‘ this stock is only about twenty years^issue of the
mines at their present output.
M hat has become
1
Great
mines of ages past of these treasured mGtals? Alexander the ^ e a r
coined gold and silver three hundred years before Christ,
Persia of over $400,000,000 in gold and silver, and men have been d g
ging gold and silver ever since. Where is « all <
, a trial a r ts ; It
It has been used for ornaments, for eoin for the
has been reduced to dust by abrasion; it b asb eer* JgsJ ’ tout remains
buried or sunk in the sea, and only about twenty
output Remains
in circulation on the most extravagant estunat .
000^000 and the
by the great European banks does M)t exceed $1 ,5 0 0 ,0
in
silver $500,000,000, about the amount of. cbecji®
gP areatly in the
the United States. Modern commerce has 8™wn
g
. dai]y
United Suites that the need of the p-sople f o ^ o n e y
J
S d ‘X

e ? ‘r t r i a ” k f .“

actuaHy have.




f 80 , o S o . W r

T
T«itcd
.

The

ea??y^ W i «

all of the cash the hanks

F ebruary 25,

through some months, in times of panic is concentrated to a much
shorter time, so that the demand heavily increases and excites alarm,
and alarm locks up the currency which the banks are obliged to have
in order to carry on business.
The $1,000,000,000 of checks which
serve as a species of currency goes through a violent shrinkage because
they are no longer willingly received, thus having the effect of a further
violent contraction of currency.
The exchanges shrunk over 50 per
cent in the panics of 1873 and 1884, and nearly 50 per cent m the panic
of 1893. The factor hy which all others become insignificant in com­
parison, which causes injury and is the soul of the panic, is hoarding.
It is true hoarding springs from alarm, and the excessive demand
springs from alarm, but alarm and its excessive demand would soon
abate if there were an abundant supply of money. The shrinkage of
deposits in national banks alone was $128,000,000 from .Tune to Decem­
ber, 1873, $135,000,000 from April to June, 1884, and $378,000,000
from May to October, 1893— less than half the total withdrawals of
deposits by the depositors of all the banks.
I t is the absence of money due to hoarding that does the evil, caus­
ing violent disturbance to commercial life and great fluctuation in
prices, ruining substantial houses and putting banks in undeserved
liquidation. The alarm which leads to hoarding is brought about, by
business men pressing each other too severely, the banks meantime
being quite as guilty as others in pressing the weakest men to settle­
ment and refusing loans on good security.
The Bank of England
pursues the exact contrary course, and when Overend, Guerney & Co.
failed they loaned out in one week $50,000,000, to the exhaustion of
its reserve. The Bank of France and the Imperial Bank of Germany
are armed against this situation, and under their laws they can ex­
tend every reasonable accommodation to every solvent debtor.
Ihe
banks of the United States have no concert of action and dare not do
so severally, although by unity they might.
It is therefore evident that if the currency withdrawn by hoarding
could be supplemented by special issue of currency based on proper
security, the panic would instantly cease, the alarm would stop, the
artificial demand due to excitement disappear, and the reasonable de­
mands of normal business could be supplied. This is precisely the rem­
edy which the Bank of England evolved out of a series of disastrous
panics, to wit, the right to issue and the actual issue of legal-tender
notes against securities in her hands in time of panic.

states is. on a low estimate, worth
C e S i S ° h l ? s S m ? ’ 'a i

the total cash held1 by the
t.
money equal to one years revenue,
were to
Who 7 is so bold as to assert that
universal tonkruptcy J ” ?® eat enough to afford security to any reason^ l / X n n t * © ? or cuire c y which the'people of the United States should
able amount c u r r e n v
*
y *
t0 his 0wn conscience that

there0isZ no

this c u rr e n t V The necessity for expandthe currency is now very generally recognized. It should be remB Vu u ; .u A „ , . . r h a t enlarging the currency will not prevent panics,

-

c ™

,

h„t the

rlncy which shall be scif-contracting should be Providecl
re„ f
/variTnirnner of the Currency estimates (1S96) that of business
six-tenths Of 1 per cent was by gold, five-tenths of 1
transactions
d 3 per cent was by currency, and 02.5 per
PeU Cw «« hv check
So that on the estimate of a billion dollars
ceat t f h i n l - i m ' business $ 7 5 , 000,000 would be in notes, six millions
daily of banking mismess
‘ '£
> If half the ordinary checks were
J? s boarding, nu would close the banks in one day. Duttimes. It of
d,
for 2 ‘ d’ . r n It would ciose ine n hoardiug in normal in point ls
fact none ot tbes
}
. private trunks “ where moth and
m st d o th “ r i r a t Ind th“
s do break through and steal.” But there
is a class of timid depositors holding inactive accounts, which .con­
s t i t u t e s ^ T h e g r e K menace to banks., because) when rumors begin to
tiv thpc-G neoDle are the first to rush in and draw out ana nc a cur
? 4 cy, and thus they specially precipitate a panic
^ J aDgerous and
offensive is this action that sensible banks would gladly teftise the
deposits Of such people. This element is difficult to locate and diagnose,
and is dangerous to the stability of tlie. banking reserve and therefore
to the stability of commercial life, and it ought to be withdrawn fiom

way andSw eden! In Switzerland, in Italy etc this class is provided
for by postal savings banks conducted by the Government. The Gov­
ernment is the onlv banker of which this class has no fear.
By givin< these depositors in the United States postal savings banks
T
a bond of low denomination, bearing a low rate and having a term
with abundant time option of redemption to the Government, the United
States would never be embarrassed by their redemption
By making
brails issued in small denominations domestic legal tender they
would serve as an auxiliary in times of money stringency, and instead
a t i m i d depositor being a source of weakness to the financial and
commercial S i l t y
of the country he would become a source of
“ i f w S i bs obsen-ed from the above remarks that the depositsi of the
banks are turned over on an average of once^
once in evefv
the actual cash is turned over in cash transactions about o ce m every
seven. This appears to be the normal condition.
.
People put money in bank because they wish, to
Instant demand. They sacrifice the interest of investment m order to
have ready money. Failure to get it on the instant of need
ruinous. When public confidence is greatly disturbed ahn the le ^ rve
begins to shrink the instinct of self-preservation m all the creamor
class is excited. Nearly every business man is a creditor, and aiso a
debtor. As creditor his impulse is to push all his debtor neighbors,
and as a debtor he is pushed by all his creditor neighbors. I be hebts
paid are normally a billion dollars daily.
Settlements are generally
made on an average of thirty days, and the current indebtedness be­
tween business people will probably reach thirty billions. This money
is needed. In thirty days all could be supplied in the normal exchange
of checks, but the alarm of panic makes men press each other unduly
and withhold payment unwisely, and thus the senseless alarm rises to
dangerous proportions and active and ruinous hoarding begins.
Ths normal demand, which in ordinary times is distributed uniformly

TIIB BANK OF ENGLAND.
The Bank of England avoids panics by the following method:
This bank holds the ultimate reserve of all the banks of the United
Kingdom.
The reserve constitutes the only available cash reserve
against $3,500,000,000 in deposits.
This reserve amounts to a sum
ranging from $130,000,000 to $150,000,000, or about 4 per cent of the
deposits net. The Bank of England has a great advantage in having
ail the reserve concentrated in the hand of one concern, charged with
the duty (by the force of public opinion) of maintaining this reserve
above the danger point.
First. The instant this reserve begins to diminish by gold export the
Bank of England raises the rate of interest. This tends to check gold
exports, to cause gold imports, and usually brings idle gold from the
continent.
If, in ordinary times, gold is not attracted it is usually
because there is loanable money on Lombard street content with a
lower rate
In this event the Bank of England sells consols for cash
a n d buys them back on time, which has the effect of absorbing the loan­
able money on the street and thus making the rate effective in attractiQ Second When local credit is violently disturbed, and for that reason
the rate might not attract idle capital held by European bankers, the
Bank of England borrows gold directly, as it did from the Bunk of
F r a n c e when the Baring liquidation was anticipated
Third. The Bank of England when panic threatens lends with great
freedom to all legitimate borrowers, so as to relieve the pressure and
relieve alarm as far as possible
For example: When Overend, Guraey
& Co. failed in I860, the Bank of England loaned in one day $20,000,000
and in one week $50,000,000, to the depletion of the cash in the
k Fourth! W h ra G ie cash Is about exhausted in the banking department,
fc
pmd the closing of the bank becomes imminent, the admimstratfte gov­
ernment of Great Britain has always, through the prime minister, by
letter advised the B a n k of England to issue n o te s riegal-tonder
money) against other securities than gold (to which the excess Issue
was confined by the act of 1844). This was done in 1847, in 18p<»
and in 1866, with the result that the panic in each case was controlled
istantly.
, ,
' The method of the Bank of England in raising the rate and borrow­
ing gold is not a d a p t a b l e to the United States for the reason that the
element of time and distance and absence of concentration are substantial barriers to such devices ; but the issue of notes against ii,
proper securities can be made easily applicable to the United states j|.
b y an act authorizing the United States Treasury to issue Treasury U
notes against proper security deposited by the banks in times of i
stringency, with adequate provision for retiring such notes when the li
panic was over.
|1
THE BANK OF GERMANY.
The Imperial Bank of Germany is substantially a state institution.
The state gets all the benefit over and above a low rate of interest to
the stockholders. The bank is controlled and dominated hy the uniform
rate of interest. It has substantially a monopoly in the issue of paper
money. It carries in Its vaults a large amount of gold and silver,
________________ _______ , .J f t
................ |
. giving WM
bank the right to issue currency not only against gold, but also against
the securities held by the Imperial Bank, consisting of bills, due within
ninety days or less, and secured generally by three and at least by two
persons known to be solvent.
It may issue even in excess of these
limitations by paying a tax to the German Empire of 5 per cent per
annum on such overissue. The result is that a panic In Germany is
impossible, that the normal rate ot interest is between 3 and 4 per
cent, commercial stability is secured, and their enterprises and manu­
factures are making themselves felt throughout the civilized world.
The store of gold held by the Imperial Bank of Germany is protected
as in England—
First, By raising the rate.
Second, liy favorable assay to foreign gold, by giving six to eight

1908

CONGRESSIONAL RECORD— SENATE

Interest days to shippers, and other little devices favoring the ship­
ment of gold to Berlin.
,
,
Third. The powerful influence of the bank is exerted on the hankers
of Berlin to prevent their shipping gold, which is generally effective.
Fourth. W hile the hank does not refuse to pay gold on demand, persons asking for gold for shipment feel tliat wnen the hank says
yes
it really means “ no.”
,
..
The only features of the German legislation apparently available_ in
tile United States is issuing currency against securities and issuing
emergency currency under the penalty of a tax. Either one of wnicn
would appear sufficient to protect the United States from panic, anu
both of which should be adopted.
THE BANK OF FRANCE.
The Bank of France, which is practically under state control, carries
the largest gold and silver reserve in Europe. Its gold was, uctoner
13.^_1898, $ 3 6 9 ,0 0 0 ,0 0 0 ; its silver was $240,000,000, making a total of
The duty of the governor of this hank is to watch that ‘ the bRfifc
performs its duty to the state and toward the commerce and inau try
o f the country.”
The banks o f the United States owe a duty to t
State and toward the commerce and industry of the country which t
law should enable and require them to perform.
,
This bank is protected against panic by the authorDy under the aw
1 of 1897 to issue legal-tender notes to the amount of $ 1 ,000 ,000,OOP,
which it has issued $ 739,000,000,
, ,
t
It hoards its gold and silver not by raising the rate, hut by ot
devices. First, in case of an exchange unfavorable to France, the » a
o f France pays out sm all gold coins which by use are slightly u:
weight and therefore not suitable for export. In case of
mand, money brokers buy up full-weight napoleons and sell inem
export, and ultimately the bank feels the withdrawal, but it costs som
thing to take gold from France in this manner and the method PP
a mechanical obstruction to the withdrawal of gold. s ecoa<J. W
f _
quest is made of the Bank o f France for a large amount of gom_ro
export the request must be submitted to the directors, wno lmp
charge just at a point which is usually prohibitive. Third, in case or
need the Bank of France can protect its gold hoard by paying
5-franc silver pieces as legal tender under the law, and this Prov
of course abundantly protects the gold held by the bank ato
ainst u

2453

A p p e n d ix B.
[Kansas City Times, July 5, 1899.]
TO PREVENT PERIODIC PANICS— PLAN FOR EXPANDING TIIE CURRENCY
DURING A FINANCIAL CRISIS----HON. ROBERT L. OWEN SUGGESTS THE
ISSUE OF TREASURY NOTES AGAINST STANDARD SECURITIES IN TIMES
OF PANTO, BY WHICH THE BANKS WOULD AVOID THE FORCING OF BOR­
ROWERS INTO LIQUIDATION.

To the Editor of the Kansas City Times:
The panic of 1893 is instructive. A t that time, on March 6, 1893
(see report of Comptroller of Currency, 1893, vol. 1, p. 6 2 3 ), the de­
posits subject to withdrawal on check of 3,806 national banks was
$2,235,000,000. On October 3 this deposit had fallen to $ 1 ,814,000,000,
a withdrawal of $421,000,000 within a few months. The total amount
of cash which the national banks lieid on March 6, 1893, was $312,000,000, so that they were required to relinquish in deposits over
$100,000,000 in cash in excess of what cash they had. This is a re­
markable spectacle. The withdrawal of deposits thus amounted to over
18 per cent of the total deposit. The total deposit in the United States
at that time, to w it, in 3,806 national banks (p. 6 4 6 ), 3,759 State
T
banks (p. 6 2 3 ), 1,025 savings banks (p. 6 0 5 ), 904 private banks
(p. 6 0 6 ), 224 trust companies (p. 6 0 4 ), amounted to $5,338 ,0 0 0 ,000 of deposits. The total amount of cash, and this includes all cash
items of the State banks, savings banks, private banks, and trust com­
panies, whose reports do not separate cash and cash items, was $533,000,000. It should be clearly remembered that cash items are by no
manner of means cash, but only checks in transit, and a very different
thing from money, because in time o f panic they are not available.
The deposits more than ten times exceed the amount of actual cash
held by all the banking institutions in the United States. This ratio

ic of f'vfT 'nf5 fiip
i
f'T '
’nifipn'noo.

W e have shown above that exceeding 18 per cent of the deposits of
the national banks was required of them between March and October
of 1893.
The ratio which cash items and clearing-house exchanges
bear to the actual currency is large, particularly in the great cities.
For example, in the city of Boston (see p. 7 5 4 ), on September 20,
1898, the cash items and clearing-house exchanges amounted to $13,000,000, while the currency amounted to $24,000,000. These clearing­
house exchanges must be regarded as an artificial form of money serv­
ing a valuable purpose and having a brief life individually, but long life
collectively.
The clearing-house exchanges and cash items in New York City on
There is a vast difference between the business methods
France
September 20, 1898, including cash items, amounted to $64,000,000,
and the business methods o f the United States. The F renchp P
while the total cash amounted to $ 1 5 2 ,0 0 0 ,0 0 0 ; the clearing-house ex­
long custom still maintain and do nearly all their business
< »
and checks are comparatively little used in commercial life, a
t change was an artificial money equal to about 40 per cent of the actual
currency they had on hand and served a valuable purpose in the bank­
quence is that the people have acquired and use a very larg
ing business and commercial life, yet it is not cash, nor is it available
o f currency in gold and silver, including $ 739 ,000,000 in notes
for the purpose of paying a depositor who calls for his money. When
Bank of France.
.,
f The Bank o f France not being compelled to pay gold
f
rajgg the depositors call for more money than the banks have on hand, as
fthough it does do so for domestic purposes, does not
+1ip i)aDk they did do in 1893 in New York, the banks were compelled to decline
to pay the cash and to insist upon putting in circulation the clearing­
f the rate o f interest to protect its gold. For this reason, while
rate from February, 1889, to October, 1897, was raised by th
twenty- house certificates, which they did to the extent of maDy millions, man­
ufacturing an artificial currency in violation of the laws o f the United
England fifty-three times and by the Imperial Bank
is the
States and e
’arning the gratitude of the entire country by their illegal
six times, it was only raised by the Bank of France once.
at
action. It is a singular situation when the laws of the United States
policy of the Bank of France to let the French people have
^ ate
are in such a condition that the entire commercial world rises up and
the unvarying rate of 3 per cent, believing that stability in
^
bestows its blessing on the New York clearing house for violatiug the
of interest gives stability to commercial enterprise and P1®
statutes.
welfare o f the “ commerce and industry of the country, v
In the estimates of $533,000,000 of cash the Comptroller’ s report for
chief duty of the bank.
fy.D
^
the State banks, savings banks, private banks, and trust companies
r
The very large surplus In coin o f the Bank of France prev
makes no distinctions between cash and cash items, consequently they
loss o f confidence which leads to panic, and the hank has so
g
are necessarily merged in the estimate, of which they constitute twomargin of note issue, with disposition to extend ?Tar^ f f a-f°rrpncv }n fifths, so that in 1893 there must have been something less than
mand, and France itself has so large a supply of \
nte5 ° ai,
there
$500,000,000 currency or actual cash, including specie, Treasury notes,
circulation, and the hanking deposits being relatively small,
bank notes, and all forms of paper, silver, and gold which may he
*.is no danger there of panic in times of peace.
& classed as money.
It is a wonderful thing if it be true, and it is not true, if 4:he people
THE BANK OF CANADA.
of the United States in 1893 had a total money in circulation of
$1 59 6 ,000 , 000 , and all of the banks in the United States combined
Even the hanks of our nearest neighbor, the dominion of
m
licGv
had less than one-third o f that money. On this theory the people keep
have a method which expands and contracts the cu'cula
„ g of
twice as much money at their homes as they do in the banks and
as 20 per cent during the three months in each year when tne crops «
savings and trust companies. The per capita circulation in 1893 was
to the extent of t h e * --im p aire d eep.tal
represented to be $23.85, and on this basis the average person should
have had $8 in the hank and $16 in his pocket; every fam ily of five
The commonest
The notes form a prior Hen on the assets and are secured by^a ^5 should have had $80 at home and $40 in the bank.
observer is aware that this is preposterous; very few people keep money
per cent guaranty fund. The notes must be redeemed at a y i i
at their homes, and the probable average circulation m the western
the Dominion.
No reserve is actually required by law- »nt t n e ^ ^
country, with which the writer is familiar, of the average dweller in
reserve for redemption has actually averaged in g o l d o f
the
town and village and country would probably not exceed $5 to the
for some years 10 per cent about. Under the law M pG
T
reserves must be in Dominion legal tenders, which, of cou
,
tock„ household, or $1 per capita. In the city doubtless it is greater, and
even if it should be three times greater it would still leave in the
o f such paper to that extent.
There is a double liability ol
hands of the people only an average circulation of $3 per capita. From
holders, a special liability of directors, elaborate regnlat:
> ]j t
,
the reliable reports of the Comptroller of the Currency it is manifest
printed reports, etc.
The striking feature is that the security of
of these banks the guaranty fund of 5 per cent for
d offe,.s a that in 1S93 (see page 364) the 66,000,600 of people in the United
States had less than $500,000,000 in banks in cash, or a per capita
their notes has never been depleted, and that tins
n(jjn{; the
method which the United States might safely use for expanuing
of less than $7.50— that is, in sight.
We are told, however, by the
statistician o f the Treasury Department (page 364) that the people
currency.
had at that time $23.85 per capita circulation.
This venerable and
THE REMEDY IN TUB UNITED STATES.
hoary fiction has the sanction of past reports in its favor. It is based
upon the presumption that no coin of the United States in silver or
The remedy for panics in the United States which suggests^itself
gold which has ever been issued was ever used for commercial pur­
First. Established postal savings banks in , ' v „ npv because at
poses ; none of it is supposed ever to have been melted up for gilding
positors with inactive accounts may p lace.
Vonstitute the
or in jewelry or in the mechanic a r t s ; none of it lias ever been lost
present by sudden hoarding in times of ^ [ i ^ e r e f o r e ' t o the stability
by fire or flood, at home or on the s e a s ; not a dollar of the paper
greatest danger to the stability of banks and tliereioie to
money which has ever been issued has ever been burnt up, has ever
been worn to tatters and not redeemed, has ever been lost or destroyed
Second. Issue to such depositors in the postal sa^ia|®
‘ as1*to
by accident or intention.
of their deposits, a bond; of long tern, w iti liberal 0 P ™ £ t ™ Bn6
It is the custom of business houses desiring to keep their affairs
period of redemption by the Gov.f™!Pe?nr currency^and make such
in a healthy condition to take an annual inventory of stock and charge
issued In small denominations, available f ^ cuuenc>, a
source
to profit and loss that which is injured, impaired, or destroyed, and
bonds legal tender. In this way such deposits wouiu uee
if it can
be estimated with precision an
of strength instead of weakness.
°
t tesue Treasury estimate not made and the deduction made intelligent and conservative
is
accordingly.
The United
Third. Authorize the Treasury of the United States to
.States Treasury has never made an estimate to cover this loss re­
notes to bnnks depositing bonds of a p o n d s is thoroughly assured,
banks depositing
ores
ferred to, until the fiction of the per capita circulation in the United
or municipal, where the standing of sue ractei. with the Secretary of
1,
States has become so gross that it deceives no intelligent man.
determination
fn a r a toe
. against the banks
leaving the determination of then Shouldc ia made against the banks
Who is capable of believing that 3,806 national banks, 3,579 State
the Treasury. In tJus c a s e a
‘0 the amount of interest borne banks, 1,025 savings banks, and 904 private banks, 224 trust compa­
°f
drawing the notes by a tax in excess oi <
. amntinn and renavment
nies, or 9,538 banking institutions, devoting all of their energies to secur­
by such bonds, so as to secure the prompt redemption ana repayment
ing the deposits of every available dollar in the community where they
of the advances.
Robert L. O w e n .
do business, and having the absolute confidence of the people every-




2454

CONGRESSIONAL RECORD— SENATE.

where, should be unable to get exceeding $7.50 per capita, or less than
one-third of the money in the hands of the people? This statement
is perfectly preposterous. The hanks and banking institutions of the
country have nearly every dollar in the com munity; they must have
three-fourths of it all, and there can not be exceeding $10 per capita
in the United States, or if this be deemed an excessive estimate, as­
suredly they would be credited with having at least one-half, and this
leaves $15 per capita. The banks in 1893 had in cash a total of less
than $500,000,000.
They had a total line of deposits exceeding
$5,338,000,000. The people drew out exceeding 18 per cent, or probably
about $900,000,000. There was but one way for the banks to meet this
withdrawal. It was to take those who were their weakest borrowers
and earnestly and zealously force them to settlement at a tune when the
banks themselves were not able to accommodate the borrowers— at a
time when the borrower who was weakest was compelled to sacri­
fice his property and throw it on the market. He had no escape from
liquidation,
Commercial lives by the thousand were destroyed m the
panic of 1893. A shrinkage of values took place throughout the Lnited
s t a t e s ; probably 25 per cent would be a reasonable estimate upon the
total property values in the Union. The property of the United btates,
estimated at $100,000,900,000, a shrinkage of $ 2 5 ,000 , 000 , 000 , resulted
because of a withdrawal of some $900,000,000 of deposits by the deposit­
ors of the United States when they had been sufficiently alarmed by the
metropolitan press and by the acts of the New York clearing house.
You will remember that the New York clearing house, through its
committee of nine, caused the New York banks to issue a circular to
the banks of the South and W est, and perhaps elsewhere, advising
them that the agitation of silver was disturbing the confidence of the
country, and that they would not be able to extend the accommodations
previously afforded to the South and W est until the Sherman pur­
chasing act was repealed and confidence restored. That circular had
considerable effect, which culminated when, in June, 1893, the banks
combined to call all call loans.
This action threw on the market
immense blocks of securities, which were necessarily sacrificed, and
which alarmed the whole country extremely. I receding this financial
tragedy the country was full of rumors of impending panic.
Con­
fidence having been destroyed in this manner, deposits went out with
a rush. Thousands of boxes in safety-deposit vaults were engaged m
which to lock up currency. No way had been provided by the Gov­
ernment for expanding the currency to meet a withdrawal of this
character.
The consequence was that the panic, with its enormous
destruction of commercial life, the shrinkage of property values, and
the great evils with which the country is familiar necessarily followed.
The nronertv values of the United States on the present gold basis
may be fairly estimated at $100,000,000,000.
The people of the
United States carry in deposits exceeding 5 per cent of this su m ; the
hanks of the United States had less than one-half of 1 per cent of
this sum in currency in 1893, and the ratio has not greatly changed

which the timid depositor who rushes on the banker and demands his
money shall not frighten that banker out of his wits.
Provide a
means by which that hanker can, upon the strength of adequate se­
curity, obtain a temporary accommodation of money with which to
meet his frightened depositors.
In a time of panic a man can not
borrow money if he puts up gold dollars as collateral for the manifest
reason that it is not security, but currency, which is then required.
The banker has not the currency to lend, and he can not lend that
which he has not, no matter what the security. You can not then bor­
row on Government bonds if you put up $10,000 for $1,000. It is the
duty of the United States to protect the commercial life of its citizens
against this senseless, unreasoning, destructive fear that seizes the
depositor when he has been sufficiently hypnotized by the metropolitan
press with indiscreet suggestions.
An important auxiliary to the remedy proposed would be to establish
postal savings banks in which the cowardly depositor could place his
money and in this way remove from the banks that class of depositors
who are dangerous. The timid depositor is not very likely to he afraid
of the Government, while at times he may become distrustful of his
local hanker. Such postal savings could by proper means be utilized
as a basis for quick expansion of the currency by issuing notes against
them or converting them into legal tender in times of threatened panic.

k’ T u s perfectly manifest that the currency could he quickly and safely
expanded by issuing Treasury notes against standard securities put
up as collateral with the Treasury of the United States. In this man­
ner the sudden withdrawal of deposits and the shrinkage of the narrow
margin of currency available to the hanks could be supplemented as
above stated, without forcing into liquidation at such an unfortunate
time any borrower, An issue of this kind could he made under proper
safeguards with a sliding scale of interest against the party drawing
Treasury notes on such collateral and the redemption of such securi­
ties promptly secured when the Government desired it. These Treas­
ury notes could be designated as domestic currency, made legal tender,
and their withdrawal left to the option of the Government.
There
is no doubt whatever that the people of the United States in time
of panic would he glad to get such notes; not the slightest fear need
be entertained that they would be discounted because of the Govern­
ment retaining the option of their withdrawal.
The withdrawal of
deposits in the panic of 1893 was over in less than six months, and the
actual currency held by the banks during that period was increased
above the normal, so that, judging the future by the past, such an
issue of notes would not he needed for a period exceeding six months.
The ftfset is that when the people know that a good and sufficient
means for avoiding a panic has been provided the fear which inspires
them, and by which means they are induced to withdraw their deposits,
will cease and the cause of the panic be removed. No man knowing
that there is a means of escape will he alarmed. Fear alone creates
a panic. The ingenious system of drafts and checks and cash items
and clearing-house exchanges and acceptances make the currency we
have exceedingly fluent, so that the people could carry on their com­
mercial life without interruption if they were protected from the fear
of panics. The reason a man withdraws his money from the hank is
because he fears that the bank is no longer safe. He hears talk of
panic
He sees in the metropolitan press dally reports about the gold
in the Treasury of the United States going to Europe; that the gold
reserve is falling below the danger point; that it is less than $100,000,000 • that It is $ 96,000,000; that it is $ 92,000,000; that it is $88,000 0 0 0 - that it is $ 8 4 ,0 00,000; that it is $78,000,000; that the gold
is going away and he infers that our Government is in a tottering
condition
Those who desire the Government to issue bonds assist in
alarming the country for the purpose of Justifying the Executive in
his own mind and in the opinion of the people in issuing bonds for
the purpose of protecting the Federal 1reasiuy. Dot while they aie
rloimr this tliGv arc
thG foundation of fl. panic, find since it
takes only 10 per cent of the withdrawal of deposits to consume all of
the cash the banks have on hand, it is not difficult to alarm the bunks,
and each banker in the country, when sufficiently alarmed, Toothy and
calmly and conscientiously takes his weakest debtor by the tin oat and
pushes him firmly and judiciously to the wall at a time when he can
not possibly borrow from any other hank. It is a very good plan to
destroy the American citizen at the weakest point and take away hope
and light and life from the class of men who need gentler and fairer
treatment.
, ,
....
Their destruction vigorously reacts upon the body politic and dimin­
ishes the power and the strength and the glory of our Government.
Every little captain of industry who is thus strangled has a little com­
pany behind him to whom he gives employment, and the destruction
of one man grinds the face of many. It means hard suffering and
despair to many an honest fellow who is anxious to work and to do
his full share in the life of an industrious and active citizenship.
It is the duty of the United States to provide a means by which
periodic panics 'which shake the American Republic and do it enor­
mous Injury shall he stopped. They are easy to prevent. The remedy
is perfectly simple. Provide a means for quickly expanding the cur­
rency when financial fear threatens the country. Provide a means by




Eebeuaey 25,

Robert L. Owen.

Appendix C
.
[From The Morning World, January 7, 1908.]
WALL STKEET— WORST OF GAMBLING TLACES.
Governor Hughes in his message recommends the abolition of race­
track gambling. He asks the legislature to make bookmaking at race
tracks a prison offense, like pool selling. His authority for this recom­
mendation is section 9 of article 1 of the constitution of the State
of New York, which requires that “ the legislature shall pass appro­
priate laws to prevent ” any form of gambling within this State.
This section of the constitution should he enforced everywhere with
equal justice.
. . ..
.
..
..
_
,
Nowhere is its enforcement more needed than in the New York
Stock Exchange, the Consolidated Stock Exchange, the Cotton Ex­
change, and on the Broad street curb.
Race-track gambling at its
worst is an evil of petty consequences in comparison with W all street
gambling. Race-track gambling injures only those who bet on horses.
W all street gambling maw menace the legitimate business of the entire
W hat other public service could Governor Hughes render comparable
with the elimination, segregation, or even restriction of this great evill
BANKS AS GAMBLING TOOLS.
In no other country than the United States are incorporated bank!
part of the machinery of stock gambling. In no other country are
the methods of stock gamblers such as to require the constant use
for that sole purpose of hundreds of millions of dollars of other
people’s money. In no other country is the National Treasury called
unou to turn over the public revenues for the use of members of a stock
exchange
In London, Paris, Berlin, Frankfort, and Amsterdam gam­
blers in stock must use their own money and their own credit as if
thev were playing at Monte Carlo instead of on a stock exchange.
This difference in stock-gambling accounts for the great fluctuations in
the rates of interest in New York as compared with the stability of
European financial centers. In New York call money may be 3 per cent
one day and 50 per cent the next day, something unknown in Europe.
The banking laws and the banking system of the United States con­
centrate the fluid capital of the country in Wall street. By bidding up
the rate of interest higher than legitimate business can pay, stock
gamblers are able to draw from productive industry its means for
supplying payrolls, for carrying on manufacturing, for distributing
goods', and for moving the crops.
„
_
,
To day for instance, the World’s W all street article bears the head
“ Flood of Cash Buoys Stock List.” The money came from every part
of the country— from many places where the business need of it is sore.
In Great Britain an increase of 1 per cent In the discount rate of
the Bank of England is regarded as a serious fluctuation. For the Bank
of France to alter its rate one-half of 1 per cent is a matter of inter­
national finance. For the Bank of Germany to change a third of last
week’s highest rate in Wall street is done only after serious consulta­
tion with the Government, with great capitalists, and with business
Interests.
THE WORLD'S BIGGEST GAMBLING HOUSE.
Nowhere on the earth does another such gambling institution exist
as finds shelter in the New York Stock Exchange— an unincorporated,
irresponsible institution. According to the statistics carefully compiled
by James Creelman in Pearson’s Magazine there were sold in 1906 on
the stock exchange 286,418,601 shares of stock of the par value of
$25,000,000,000, besides 665,000 thousand-dollar bonds; on the con­
solidated exchange 136,000,760 shares of stock, besides 21,569,178
shares of mining stock and 193,884,000 bushels of wheat. This does
not include curb sales.
These gambling transactions amount to over $30,000.000,000— four
times the value of the products of all the farms of the United States,
half the value of all the land and buildings, one-third the census val­
uation of all the wealth of every kind in the country.
Last year there were sold on the stock exchange 43,309.710 shares
of Reading, fifteen times the total amount of Reading stock In exist­
ence. Of the Union Pacific, Harriman’s road, there were sold 36,751,600
shares, twenty times as much as existed.
Ninety-nine and one-half per cent of these transactions, according
to Thomas W . Lawson, are nothing except bets that the price goes
up or down. They are as much gambling as betting on a horse race
or on the card that comes out of the faro box or on the odd or even
fall of the dice.

THE BDCKET-SIIOP LAW
.
Under section 343 of the Penal Code it is a crime for—
“ Any building * * * to be used for * * * making any
wagers or bets made to depend upon the future price of stocks, bonds,
securities, commodities or property of any description whatever.”

CONGRESSIONAL RECORD— SENATE.

1908.

This law was passed to enable the stock exchange to close bucket
shops and thus monopolize gambling in stocks. For this purpose the
law is effective, because the bucket shop makes no pretense to actual
delivery of the stocks in which it gambles, while the stock exchange
does. The system of the stock exchange to evade the gambling law
and to utilize for its own purposes the fluid capital of the united
States is complicated.
Were it simple and known to everybody it
would long since have been abolished.
THREE BILLIONS OF MONEY.
. W ithout hanking facilities and credit, productive industry would
be limited to the use of real money as the method of exchange. Business would become largely barter, because 95 per cent of the business
of the country is done with checks. All the gold and silver of the
world would not suffice to sustain a cash basis. The total amount oi
money in the United States, including gold,.silver,-legal-tender greenbacks and national-bank notes, is only $ 3 ,000 ,000 ,000 , while the ex
changes of the New York Clearing-House alone amounted in 19«() to
$103,754,100,091, or thirty times the amount of all the money m the
United States.
,,. ,
Of this money the United States Treasury holds a little over a third
to cover its gold and silver certificates, as a reserve against its 1eg; at­
tendee notes, for the redemption account of national-bank notes and as
a cash balance. Another third is held by the banks and trust
a reserve on their deposits.
That leaves less than $1,000,000,000
for circulation.
THIRTEEN

billion depo sits .

The deposits of banks and trust companies other than private and
national banks amount to $8,000,000,000.
The deposits o r the flyn.
national banks of the United States as reported on December A amount
in round figures to $5,000,000,000. All the money in the United
States would not pay one-quarter of these deposits on demand.
THE RESERVE SYSTEM.
,, To protect the depositors and to prevent the undue Inflation of credit
the national banking law, of which the State banking law is sub­
stantially a copy, provides that banks “ must retain a
ful money.”
Three cities— New York, Chicago, and St. Louis are
niacte central reserve cities, where hanks must keep on hand ini casn
25 per cent, of the'r deposits.
Banks m twepty-eight other rese
,
cities must also keep 25 per cent reserve, but only one-half of this nee
t»e in cash in their vaults, the other half being allowed to be ^p osited
m New York, Chicago, or St. Louis banks.
In all other cities and
towns the banks must maintain a reserve of 15 per cent, or wme
they need keep on hand only two-fifths, being allowed to deposit tne
other three-fifths in reserve banks.
...
W ell
This system drains the reserve money of the United States to \
street. A commercial bank, charging merchants and jnanuracturers
per cent interest, can not afford to pay interest on deposits in com­
petition with the W all street banks, which can frequently get 20 to 50
Per cent on the stock exchange for the use of .their deposits,
im s
these reserve moneys gravitate to the banks which can a£ ° ™
PaJ
high interest on them. This process of drawing the s u r p l u s ^
the country to W all street was facilitated by the three great_insuran
companies— the Equitable, Mutual, and New York Life— wmen col­
lected annually $200,000,000 from their policy holders. This momey
they either invested in W all street securities or deposited m Wall
street banks, making their disbursements by New lo r k drafts and Keep­
ing the cash here.
. . ,
+ha
Wall street thus became a great funnel Into which the rovings of the
people, instead of being available to the local manufacturer or the local
storekeeper, were driven by higher rates of interest to the stock ex-

C
fo+.0

The system of reserves directly invited this. If a national hank in
Altoona or Columbus or Topeka deposited its money in a Wall street
hank it not only received interest hut it was allowed to ciedit wl
New York bank owed it to its legal reserve like real cash. But the (
lent
of any country hank to a New York bank could not be credited to its
legal reserve. A New York credit was legally cash and a country ciedit
was n o t
DEPOSITS AND LOANS.
When the recent panic became acute in November the clearing-hou se
hanks reported deposits of over $ 1 ,000 ,000 ,000 . Uf these deposits one
half were due to other hanks. O f the loans, which slightly exceeded t e
deposits, over half were on stock exchanges collateral. th a t is, nie
money collected from millions of depositors throughout the c o u n ty by
their local banks was used as the basis of W all street credit and was the
real money in the stock exchange game.
__
There are two general classes of loans. One la commOTCia pap
that is, discounts on bills of lading, on cotton, wheat warehouse re
ceipts, goods in manufacture, and the notes which retailers give tne
wholesalers and wholesalers give to their “ ja n u fa c c e r stne otn
hind of loan is what Europe calls a finance hill
* niece
collateral loan. It is a loan not on separable property, but on
I
of paper which represents an interest iu indivisible property.
A share of railroad stock differs from a warehouse Faae)P
’
butter, cotton, or wheat, in that no holder of it can demand so
a y
rails and ties or locomotives and cars. No holder of baited _ _ e
<
■
bteel stock can demand so many tons of steel ral s or kon P a *
holder of Standard Oil stock can demand so m a n y f L l t h i n l e S t
Neither can the holder of any corporate bond demand anj
g
P
payment of principal and interest when due, and ,A oa ds, ™®
long periods that their payment is an asset too slow to be realized on

** Tiffs6 distinct ion is recognized in every other country, ^he Bank of
France last November declined to make any ad vaa<~fs » n ti £ ^onev
finance hills, while expressing its willingness t o jo a n all the money
that their value would warrant on cotton, wheat, corn, an(1 other
tangible goods “n shipment. The Bank o f Engl.pt! " » « “ « » ™ " /

1 , ra, ' h
‘,T

i r ^

facn u ieU w b icliarP restilcte’d ’t o l u ^ u le o f commerce, manufacture, and
other business.




2455

COMMERCIAL OR FINANCE.
Instead of the New York national banks following this wise policy
of the great European banks by looking after their commercial cus­
tomers rather than seeking for the higher rates of interest which stock
gamblers pay, they have adopted the contrary policy.
In ten years,
from 1896 to 1906, the New York bank loans on stock exchange collat­
eral increased from $162,361,654 to $442,210,765. The gain in commer­
cial loans was only two-fifths as much, $151,795,029 to $259,340,272.
During the panic weeks bank loans on collateral were actually in­
creased. Banks had the alternative of carrying their stock-gambling
customers or of such a stock exchange crash as would imperil their
own solvency. Therefore some of the hanks stopped commercial dis­
counts and cut down the credit of solvent merchants in order to use
all their resources to protect their brokers’ collateral. It will be
recalled that interest rates ran up to 200 per cent one afternoon, and
that only the $25,000,000 which Mr. Morgan secured from the United
States Treasury and dumped at once into the stock exchange pre­
vented the immediate failure of gamblers who had bet that stocks
would go up.
The system of stock gambling in W all street is different from that
banks increased their total loans over $100,000,000, yet at the same
time they actually reduced their commercial loans.
THE MACHINERY OF GAMBLING.
The system of stock gambling in W all street is different from that
In any European country. Here every day the broker goes through the
farce of legitimate purchase and sale. After one broker has bought
and another sold, each makes a memorandum and the transaction is
sent out through the ticker everywhere. Then each broker tabulates
his transactions and sends to the stock exchange clearing house a
copy, with a cheek for the difference between his price and the closing
price.
The clearing house sends out notices to the brokers telling
them who is to deliver what shares of stock and to whom.
The next morning every broker who is to receive stocks sends to
his bank and gets certified checks for the sums he is to pay. Part of
the money he had already arranged for through the system of time
and call loans on stock exchange collateral.
For the rest his hank
allows him to overdraw his balance, commonly overcertifying therefor.
Then before 2.15 p. m. every broker who is to deliver stocks sends
around the certificates and receives these certified checks. After
2.15 p. m., and before the banks close, every broker in turn deposits
the certified checks and the stocks which he has received in his hank
to make good the overdraft the bank certified for him in the morning.
HOW IT IS DONE ABROAD.
Without the banks’ assistance this whole system would be destroyed
and the stock gamblers in New York would have to gamble, as do the
stock gamblers in London, Paris, and Frankfort, where this form of
actual delivery in speculative transactions is not gone through with.
Instead, there are fortnightly settlements, where the losers pay and the
winners collect their winnings. Such a thing as a London stockbroker
having the Bank of England or a Paris broker the Bank of France
certify his check in advance and thus furnish the funds for him to
gamble with is unheard of. The European stockbrokers gamble as do
the London race-track bookmakers, who have their regular settlement
day at Tattersalls.
On the London Stock Exchange settlements are made twice a month.
On the Paris Bourse settlements are made once or twice a month. On
the Frankfort Bourse there are semimonthly settlements.
On the
Berlin Bourse there are settlements at times fixed by the Government
regulation. If the parties desire to continue the gamble a charge is
made for an extension, but either party can quit the game and cash in
at any time, just as in any other gambling house.
On the Continent these matters are regulated by the government so
that general industry will no more be interfered with by stock gam­
bling than by gambling at cards or dice. The Prussian Government
forbids the short selling of industrial stocks on the Berlin Bourse.
Transactions on margins are forbidden except in certain cases between
registered parties. Unless a man registers his name as a stock gamuler he can refuse to pay his losses. Transactions in futures on agri­
cultural products are prohibited. In Paris, bourse agents are not
allowed to operate on their own account. There Is a' tax on every
order to buy or sell and on every completed transaction. The French
system is analogous to the taxing, licensing, and regulating of ordinary
gambling houses by the French Government.
The forms which the New York Stock Exchange go through to evade
the New York gambling law are in vogue nowhere else.
GOVERNMENT REGULATION.
The French and German governments treat stock gambling some­
what as race-track gambling is now treated in New York State, where
it is permitted in race-track inclosures and forbidden elsewhere.
But
these continental governments go further. They even decide in what
stocks and bonds they will allow gambling.
During the Japanese-Russian war the French Government instructed
the Parisian brokers that no one might sell or offer for sale Russian
bonds without giving their serial number. This prevented short sell­
ing. In Germany similar measures have been taken.
On both the Paris and London exchanges the brokers who do the
buying and selling on the floor are distinct from tlie brokers wno ao
business with the customers. The floor brokers do business only for
other brokers, just as an English barrister— that is, the lawyer who
tries the case in court— is not retained by the client, who deals with
an office lawyer called the solicitor.
WltU
As a result of this separation of stock gambling from the bankinsr
business of the country the great drop in Russian bonds, hundreds of
millions of dollars of which are owned in France, caused hardly a rinple on the surface of French trade and manufacture
The great full
in the market prices of South African gold and diamond mine stocks
at the time of the Boer war did not shut off discounts and bankingfacilities to English manufacturers, forwarders, and merchants
*
W hat other countries have done In segregating and restricting stock
gambling the United States also must do, remembering alwavs thur
W all street also performs a legitimate function in providing cnnRoi
for great enterprises and in affording a market for the actual snie nf
securities.
a e 01

F ebruary 25

CONGRESSIONAL RECORD— SENATE

agricultural sections of the country the real money necessary for wages
and for moving the crops.
Second, Prohibit the payment of interest cn demand deposits.
A
demand deposit is the correlative to a call loan, which is a Wall street
gambling device. Commercial banks can not afford to pay interest on
demand deposits.
The stock-exchange banks can and do.
By pro­
hibiting any bank from paying interest except on time deposits the
W all street banks will be made unable to divert accounts which prop­
erly belong to commercial banks.
Third. Divide all check account banks into two classes— commercial
and finance ; that is, banks of discount and deposit, which make loans
only for the facilitation of trade, commerce, and manufacture, and
finance banks, which loan for speculative purposes on promotions, syn­
STOCK-TRANSFER TAN.
dicate allotments, stock-exchange collateral and the like. Then restrict
One way to diminish stock gambling is to increase the ta x tip °u , it. every bank so that it may not do both kinds of business, and compel
trust companies to be trust companies, and not banks. This distinction
Last year one-quarter of the revenue of this State was denved fiom
the $2 tax on every transfer of 100 shares of stock. The enoimous lias been long recognized in England, France, and Germany.
This remedy is national. These amendments to the hanking laws
amount of these stock-gambling transactions is i n n n (iy Ja< collected
^
would cut off the main source of suply by which the W all street gam­
in spite of gross evasions of payment, over
000,000 was collected,
blers are enabled to risk other people's money.
equivalent to 3,000,000 sales of 100-share lots. The oidm aiy hioicei s
But it is imperative to consider whether this gambling can not be
commission is one-eighth of 1 per cent on the par value,_ ??
on one hundred S100 shares. A tax of one-sixth of the broker s fee has entirely stopped. Certainly the State of New York can greatly restrict
it by its power of taxation, which is the power to prohibit. The stockhad no appreciable effect to diminish the amount ot stock gambling.
Through the clearing-house system the floor traders escape this tax on transfer tax should be greatly increased. Like the excise tax, the re­
ceipts should be divided between the city and tbe State.
many of their gambles by clearing stock and not ^ liv e iin g t.
A tax of one-half of 1 per cent on all the transactions anpearinc on
This tax could be greatly increased.
A tax of one-hall of 1 per
cent on all gambling transactions in stocks, grain and cotton would the clearing-house sheets of the respective exchanges would be a trifling
imposition on legitimate purchases and sales and vet would raise on the
pay all the Itate taxes: all the taxes of New York City, and all the
basis of last year’s transactions an amount more'than sufficient to pay
taxes of every county, city, and town in the state.
all the expenses of the city of New York and the State government anil
of rebuilding the Erie Canal.
ABOLISH STOCK GAMBLING.
Such a tax would be less than the real estate broker's ordinary fee
and the legitimate transfer of real estate is in no way interferred with
To segregate stock gambling, as is done in Europe, and to make both
thereby. It would be exactly the same per cent as the real estate
unprofitable and illegal the use of other people's money by W all street
mortgage tax, which has facilitated loaning upon real estate and
gamblers without the consent of the real owner, three short, simple
added to the market-ability of real estate mortgages
changes iu the State and national banking laws would suffice.
How much more important is it that Governor Hughes should rid
First. Require every bank to keep its legal reserve in the formi of
legal-tender money in its own vaults, instead of as bank credits in W all legitimate business of the dominating evil of W all street gambling than
street
This would retain in the banks of the manufacturing and that mere race-track betting be suppressed.
OVERCERTIFICATION.

The overcertification of checks is already a crime under the national
banking law. Section 176 specifically prohibits the certification of any
check “ unless the person or company drawing the check has*
. '
a
posit at the time such check is certified the amount ot money equal to
the amount certified in such check.”
, , .
m
This of course prohibits certifying a check before 2.15 p. m. on the
strength of deposits after 2.15 p. m. Its violation, howevei, is difficult
to prove, and its evasion is easy by a broker putting in dummy notes
at tbe time of certification.

Appendix D.
Vehrimru so was—I n c o m e

i eu r u u r y

10

o

v a lu e s a n d Q u ota tion r e c o r d

of active railroad

bonds— T h e standard

a n d in d u s tr ia l c o r p o r a tio n
th e ir i n c o m e v a lu e a n d y ie ld .

w e e k ly

list market values of’bonds, together
J

[This list, together with “ income values and quotation record” stocks, is a complete^record of quotations of the leading securities dealt in on the New York Stock
rThis list contains all of the bonds reported on the regular daily New York Stock Exchange lists. Prices include interest to date of sale. Prices ox-interest are dis­
tinguished by an X . Under income will be found the annual return of the investment, irrespective of maturity. Under yield is given the approximate annual
return if held till maturity.]
[®Legal for investment for savings banka, New York State.

* In bid and oflered column means amounts less than $10,000.]
Jan. 1,1906, to date.

Title of bond, rate.

Alabama i ent it lot &
. - - .................
Alabama Midland 1 st gtu g o s . ...........................
°Alb & Sus env cou 40 yr gtd g Sis.......................................-




Interest dates,
maturity.*

1918 J & J*.......
1928 M A N * ...
1946*A & O ----1928
1995
1995
....

do

do
do
do
do
do
do
do

A
Q
A
A

A O * --.
Jan-----& 0 * ...
& 0 * ...

. . . . M A N ...
. . . M A N ----1955*J A D .......
fifty-year conv g ..............................................
....* ,! A D .......
1917*J A T ).......
_..*J A D .......
1909*F & A . . . .
. ,*F A A . . . .
1910*F A A ----___ *F & A -----dd
do Itgihuueu...................
1911*F A A ----do
do series 1...........................................
___*F & A . . . .
do
do registered........................................
1912*F A A ----do series J ■■..................
.. ,*F A A . . . .
do
do registered...........................
1913*F A A . . . .
...* ¥ A A . . . .
do
do registered...........................................
1914*F A A ----do

do

registered...........................................

do “ do

registered..........................................................

Quo­
ta­
tion.

Date.

Quo­
ta­
tion.

Date,

5.31

4.61

113

4,1906

113

3.81

3.93

U8| Nov. 22,1906

84

Oet. 26,1907

4.13
4.03
4.12
4.05
4.67
4.77
4.70
4.41
4.80
4.77
5.62

June 21,1907
Feb. 6,1907
Jan. 19,1906
Jan. 29,1906
Jan. 23,1906
....... do............
Apr. 30,1907
Jan. 19,1906
Feb. 16,1907
Sept. 10,1906
Sept. 14,1906
Sept. 21,1907

99
98]
72
89}
90}
77}
86
77
89
80
86
89

June
Dec.
Nov.
Nov.
Nov.
Nov.
Apr.
Oct.
Dec.
Nov.
Dec.
Nov.

4.12
4.01
4.11
4.Q5
4.66
4.76
4.69
4.41
4.70
4.67
5.24

103[
99
1041
103]
97}
86
97
92
110]
108]
102

Jan.

Jan. 19,1906

Jan.

4,1906

Quo­
ta­
tion.

Feb. 18,1907

Date,

113 Jan. 4.1906
1141 Nov. 14,1905
93 Feb. 17,1908

21,1907
99
16,1907 j 98}
12,1907
80}
18,11X17
98}
14,1907
100
4,1907
86
30,1907
86
25,1907
86}
11,1906
92
21,1907
86
30,1907
fce
21,1907
96.1

984 May 20,1907
96

Feb. 19,1908.

June
Dec.
Feb.
Feb.
Jan.
Feb.
Aug.
Feb.
Feb.
Feb.
Dec.
Feb.

21,1907
16,1907
10,1908
19,1908
28,1Q
08
15,1908
13,1907
19.1908
16.1907
19,1908
30.1907
19.1908

Bid. Asked.

*101}
*95}
*94
98}

80
90
*87

86

87

96

96}

98f May 29,1907
96

Feb. 18,1907

98} Nov. 23,1904

Nov. 30,1906

94

Nov. 30,1906

92j Nov. 10,1902
Apr.
4.57 1 4.85
4, 33 | 4. 20
4. 61
4.10
4.24
4.44

1941 J A J * - . . .

4.60
3.91
3.92
4.08
4.19
4. 07
3.51

4. 37
4.41
4.10
4.23
4. 65
3.51

93

116

Aug. 17,1906
June 6,1906

89
116

981 Oet. 2,1906
96| Apr. 12,1906
92 June 14,1906

98
96
92

Nov. 27, i907
Oct. 2,1906
June 1,1906
June 14,1906

m

4. 49

1925
. .
1948
....
1925
..

3,1907

June 6,1906

116

4.11
4.30
4.54

J A J * ---QJan.......
A A 0 ....
Q Jan*....
J A J ........
QJan.......

Last sale.

Lowest.

1928*M A S . , . .
. ♦ M A S .. ..

°Atch T & S F RR Chic A St L 1st 6s.................................. 1933 M & S ----Atlanta-Birmingham 30-yr 1st g ...........................................
1946 J A D * ...Atlanta Knoxv A Nor R 1st g 5s..........................................
Atlantic City 1st con gtd g 4s................................................ 1952 M A S ----Atlantic Coast Line R K Co 1st g .........................................
... M A S . . . .
do registered......... ...................................... *...................
1918 J A J * ... .
Atlantic A Danville 1st g ........................................................ 1948 T A J * ... .
Atlantic & Yadkin 1st gtd g 4s..............................................

In­
Yield.
come.

Highest.

98
96
92

May 21,1907

Jan, 17,1907
...........
July 27,1906 '*ioi'
Feb.
Oct.
June
June

17,1908
2,1906
1,1906
14,1906

Feb. 19,1900
1
:
:
|

97] June
95 Mav
105} Jan.
103}
93 . June
89 Oct.

7,1906

31,1906
26,1906

4,1906
12,1906

*87

90 Feb. 19,1908
891 Jan. 22,1908
looi Feb. 19,1908
ucu
86} Feb. 19,1908
89 Oet. 12,1906

«>|

90

90?
*91

109} Feb, 19,1906

85? Nov. 26,1907
m : Oct. 5,1907
88 Oct. 30,1907
94 ; Sept. 12,1907
80 ! Nov. 25,1907
88} i Oct. 9,1906

*85}

*99
*88
*82

1908

CONGRESSIONAL RECORD— SENATE

2457

February 20,1S08—Income values and quotation record o j active railroad and industrial corporation bonds, etc.—Continued.
Jan. 1 , 1906, to date.

Title of bond, rats.

deech Creek 1st gtd 4s...................................
do
do registered............................
do 2d gtd g 5 s ...................... ...................
do
do registered...........................
Beech Creek Ext 1st gtd g 3}s....................
do registered...........................................
Belleville A Carondelet 1st 6s.....................
Belvedere Delaw con gtd 31s.....................
Boston A New York Air Line 1st 4s........
do registered...........................................
Brooklyn & Montk 1st g gtd Os.................
do 1st 5s...... ...........................................
Brunswick A Western 1st gtd g 4s...........
Buffalo N Y A Erie 1st 7 s ...........................
^Buffalo Rochester A Pitts gen g 5s........
Buffalo & Southwn g 6s................................
do small....................................................
Buff A Susq R R 1st refunding g 4s.........
do registered...........................................
Bur C R & N con 1st A coll trst g 5s____
do
do registered................................
Cairo Bridge g 4s...........................................
do registered...........................................
Canada Southern 2d 5s..................................
do
do registered................................
Carbondale A Shawtn 1st g 4s....................
Carolina Central 1st con g 4s......................
do
do Coupon off....................... .
Carthage A Adiron 1st gtd g 4s.................
Ced Rap la FIs & Nw 1st gtd g 5s............
Central Branch R y 1st gtd g 4s.................
Central Branch Union 1’ac 1st g 4s..........
Central of Georgia Ry 1st g 5s....................
do registered $1,000 and $5,000..........
do con g 5s...............................................
do
do registered $1,000 & $5,000do 1st pref inc g 5s................................
do
do stamped................................
(do 2d pref inc g 5 s . , ___ ____________
|do Central Trust Co Ctfs of D e p .. .
do 2d pref inc g 5s stamped...............
do Centl Tr Co Ctfs of Dep s t p d .. .

!

do 3d pref inc g 5s.................................
do Manhtn Trust Co Ctfs of D e p .. .
(do 3d pref inc g 5s stamped...............
\do Mhtn Tr Co Ctfs of Dep stp d . . .
do Chattnga div pur my g 4s............
do Macon A Nor div 1st g 5 s............
do Middle Ga & Atlantic div 5s. . . .
do Mobile div 1st g 5s..........................
°Central of Now Jersey gen g 5s.................
do
do registered..............................
Central Ohio Reorg 1st con g 4Js...............
Cent’l Pac 1st refundg gtd g 4s..................
do registered....................................... .
do mtge g 3$s........ . ...............................
do
do registered..............................
do Through S L 1st gtd g 4s.............
4o
do registered..............................
Cent R R A Bkg Co of Ga col g 5s............
Central Vermont 1st m tg gtd g 4s............
Charleston A Savannah 1st g 7s................
Chesapeake & Ohio g 6s series A ................
do gG s.......................................................
do 1st con g 5s............... ........................
do
do registered......................... .
do gen g 41s........................................... ..
do
do registered...............................
do R & A div 1st eon g 4s...................
do
do 2d con g 4s.............................
°Chic & Alton R R refdg g 3s......................
do
do registered...............................
Chic A Alton R y 1st iien g 3Js....................
do registered...........................................
°Chic Bur A Q Denver div 4s......................
°do Illinois div 3|s..................................
do
do registered...............................
°do Illinois aiv g 4s................................
do
do registered...............................
°do Iowa div sinkg fd 5 s ......................
6do Iowa div sinkg fd 4s......................
"do Nebraska Extension 4s.................
do
do registered...............................
do Southwestern div 4s.......................
do coll 4s joint bonds...........................
do
do registered...............................
do d e b e n t u r e 5 s .................................
Chic A East 1 1 4% ref & imp g ..................
1
do registered...........................................
°Chic & East III 1st con g 6s.......................
°do gen con 1st 5s....................................
do
do registered...............................
Chicago A Erie 1st g 5s.................................
Chie A Indiana Coal R y 1st 5s...................
Chic Ind A Louisv refundg g fis.................
do refunding g 5s...................................
Chie Mil & St Paul ter g 5s..........................
°do gen g 4s series A ..............................
do
do registered..............................
°do gen g 3Js series B ............................
do
do registered...............................




Interest dates,
maturity.*

1936 J & J*........
. . J A J * ....
1936 J & J*___
. . . . J A J * ....
1951 A & O . . . .
. .. . A A O ....
1923*J & D
1943 J & J .........
.... F & A * ...
Q 1 *M A S
1
.
1911*M & S ___
193S*J & J .........
1916*J & D -----1937 M A S * . . .
1908 J A J*-----J & J* . . .
1951 J & J ........
J & j ___
1934*A
** i n
1950 J & D *
.

In­
Yield.
come.

4.09

4.13

Highest.
Quo­
ta­
tion.

Date.

1054 Fob. 20,1906

Last sale.

Quo­
ta­
tion.

Date.

98* July 24,1907

Quo­
ta­
tion.

Date.

984 July 24,1907
104 Dec. 13,1905

9,1905

12 2

I03g July 5,1906
99} Mar. 30,1906
12 2 4
Feb. 26,1906
1194 July 10,1906
104g Feb. 16,1906

6.03
4.06
6.24
4.45
5.77

6.16
4.10
5.28
4.27
4.34

4.42

4.50

4.59

4.41

119* Feb. 23,1906

1034 Dec.

3.91

3.88

105

10 2}

1913*M A S ____
*M A S ____
1QS5*M A S . . . .
1949*J & J .........

5.06
5.03
4.13
4.19

5.24
5.07
4.20
4.23

108* iJan. 18,1906
105* Jan. 3,1006
97 Mar. 13,1907
97 Mar. 23,1906

1919*F & A ___
1945 F & A ----jr
\
1945 M A N *. - . . M & N *--1Q45 net 1

4.72
4.79
5.02

5.83
4,94
5.02

5.10
4.48
8.28

5. 1 2
4.39

5 .8 8

6 .0 1

1945 Oct 1.........

11.75

.T 4 D*
<

99* Jan.

4,1906

Aug. 28,1906

99} Sept. 24,1907
994 Mar. 30,1906
113 Jan. 7,1908
112
Apr. 2,1907
104J Feb. 16,1906

m

Apr. 16,1907
5,1907

Jan. 15,1907

95* Nov.
May
97 Mar.
96J Mar.

10 0 }

27,1907
22,1907
13.1907
24,1906

ion
99} Sept. 24,1907
99* Mar. 30,1006
113 Jan. 7,1908
1 1 3 4 May 17,1907
104} Feb. 16,1906
91

Feb.

Feb. 10,1908
Oct. 23,1907
97 Mar. 19,1907
964 Mar 24,1906

10 0 }

19,1906
17,1900
28,1906
29,1906
2,1906

85
113
58
85
44

Nov.
Apr.
Oct.
Apr.
Dee.

22,1907
17,1906
30,1907
9,1907
14,1907

994 Feb. 19,1908
113 ADr. 17.1906
62 Feb. 5.1908
Mav 11.1907
88
44 Jan. 16,1908

99}

4, 1906

44

Jan.

7,1908

27

Feb.

6,1908

2,1906

30

Feb. 11,1908

Apr.
Mar.

Apr. 25,1906
Feb. 11,1908

1951*1 A D .......
194G*J & J .........

4.49
5.00

5.00

10 0 *

1987 J A J*___
Q J ............

4.86
4.12
4.17

4.84
4.09
4.16

105 Dec. 6,1907
132 Jan. 15,1906
131* Jan. 10,1900

1949 F A ' 4 * . . .
p & \*
1929 J. A D -----

4.18
4.36
4.26

4.22
4.43
4.86

10 2*

1954*A A O -----

4.02

4.72

Jan. 11,1906
Jan. 26,1907
Feb. 14,1906

99* Feb.

85
74

87} Dec. ii,i907
looi Feb. 11,1908
105
113
111

Dec. 6,1907
Nov. 18,1907
Nov. 29,1907

881 Nov. 25,1907
93} June 13,1907
75 N ov. 22,1907

9,1906

88

95
85

Feb.

8,1908

1922*F A A ___
1949 J A J*___
J A J* 1949 J A J *___
. J A J ........
1199 A A O * .. .
1919 A A 0 * . . .
1927*M A N ___
*M A N . . . .
1991 M A S * . . .
1921 J A J*___
1955 J A J * . . . .

5.07
5.30

6 .0 0

1949 A A O * .. .
A fr o . . .
1950 J A J*------

5.05
4.56

108 Jan. 16,1907
891 Feb. 6,1907

6 . 00

5.94
4.61
4.96
4.57
4.34
4.26
5.15
3.90
3.91
5.74

5.69
4.49
4. 95
4.57
4.37
4.26
5.18
4.16
4.18
6.07

106* Feb.
1 1 0 1 Mar.
1194 Feb.
no June
109 Feb.
105 Apr.
103 Nov.
974 Dec.
821 Jan.
78 Feb.
82 Feb.

6,1900
6,1906
17,1906
6,1906
14,1906
12,1906
5,1906
7,1906
8,1906
27,1907
1,1906

994 Oct.
10 2
Oct.
10 1
N ov.
10 14
Dec.
87 Nov.
104 May
9H .Tan.
90 June
58 Oct.
78 Feb.
55 N ov.

5,1907
3,1907
7,1907
3,1907
23,1907
13,1906
2,1908
28,1907
30,1907
27,1907
2,1907

4.12
3.94
3.92
4.04
4.13
4.78
4.12
4.04
3.97
4.47
4.24
4.26
5.03
4. 41

4.28
4.06
4.03
4.02
4.16
4,50
4.32
4.07
3.95
5.08
4.58
4.60
5.11
4. 47

102j
95 J
90
106*
98}
106
102}
107
104*
100
io n
ion
107
96}

July
Jan.
Sept.
Feb.
Oct.
May
Mar.
Feb.
May
July
Jan.
Jan.
Jan.
Mar.

19,1906
3,1906
17,1906
15,1906
22,1907
29,1907
24,1906
15,1906
8,1906
28,1906
10,1906
19,1906
18,1906
9,1906

961
824
90
95
98J
104
96
94
1011
90
82}
94
92

Oct.
Nov.
Sept.
N ov.
Oct.
Apr.
N ov.
Dec.
Dec.
Oct.
N ov.
Oct.
Nov.
Oct.

5.29
4.52
4.33
4.56
4.57
5.13
4.83
5.03
3.90
4.01
3.95

5.07
4.37
4.31
4.54
4.41
5.00
4.80
5.09
3.90
4.01
3.98

139
120
1184
122?
1181
137
114*
1081
111
104J
97

Jan.
Apr.
Feb.
Feb.
Feb.
Mar.
June
Jan.
June
Oct.
Jan.

25,1906
7,1906
26,1906
7,1906
6,1906
20,1906
14,1906
31,1906
28,1906
25,1006
15,1906

115
102
1184
1074
106
1174
105
100
98
100
82

Dec.
Nov.
Feb.
NOV.
Oct.
Jan.
Oct.
Oct.
N ov.
Oct.
N ov.

m

Oct. 11,1907
Apr. 15,1907

*108

*854
* 112

*994

*46

Jan.

7,1908

27

Feb.

6,1908

27

*28

30

Feb. 11,1908

27

*324

44

89| Feb.
Feb.
iio|
105 Dec.
Feb.
122
1 2 0 } Feb.
109 Anr.
96 Feb.
94 Dec.
83 Feb.

4,1908
11,1908
5,1905
6,1907
15,1908
13,1908
25.1905
18,1908
28,1907
17,1908

Feb.

*42

8,1908

10 0 4

88

166
88

Jan. 13,1908
May 11,1907

3,1907
14,1907
17,1906
4,1907
22,1907
9,1907
7,1907
4,1907
17.1906
12,1907
4,1907
26,1907
12,1907
17,1906

1041
94}
92
78
78
614
80J
97
89
90
100
984
106
984
100}
101*
90
94}
944
101
92

Feb. 1,1908
Feb. 7,1908
Feb. 18,1908
Dec. 3,1906
Feb. 19,1908
Jan. 15,1907
Feb. 13,1908
Feb. 3,1908
........ d o ............
Feb. 27,1907
Feb. 19,1908
May 4,1905
Feb. 8,1908
Feb. 18,1908
Sept 17,1906
Feb. 19,1908
Oct. 22,1907
Jtill • 7,1908
Feb. 14,1908
Feb. 8,1908
Dec. 17,1906
Oct. 12,1907
Feb. 19,1908
Feb. 14,1908
Feb. 17, 1903
Apr. 27 1907

20,1907
18,1907
25,1906
15,1907
3,1907
17,1908
22,1907
17,1907
23,1907
18,1907
13,1907

115
112
1184
111
109}
1174
105
101
103
100
89

Dec.
Feb.
Feb.
Jan.
Jan.
Jan.
Oec.
Oct.
Feb.
Oct.
Feb.

10 2

103
110

1014
10 0 4

T A' I

1937 M A N * ...
... M A N * . . .
1982*M A N . . . .
193f>*J A J .........
1947 J A J * . . . .
1947 J A J * . . . .
1914 J A J * . . . .
1989 J A J .........
___ Q J a n _____
1989 J A J ........
.... QJan.. ..

113

10 1

110

Jan.
Apr.
Mar.
Mar.
Apr.

99
89

* 110

*103
*844

1141
113
99
99
93

Apr.

98}
*90}
112 }
* 1 1 0 },
10 0 }

Nov. 20.1905
85 Feb. 1/ j1908
84} Jan. 21,1908
116 Mar. 20,1907

121

1945 Oct 1.........

*105

Feb. 17,1908
Dec. 7.1907
Mar. 18,1907

Jan. 18,1906
Mar. 20,1906
Jan. 16,1906

99
95

8 .0 0

1Q92*M A S ___
*H A S ___
1989*1 A J ........

95f

6,1908

Feb. 13,1908
16,1903
1204
1 0 2 } Jan. 15; 1907
111

111

( 0 ( 1 \ A O ___
K W M A N ___

Bid. Asked.

106

1

1920 Q F ...........

Feb. 19,1908.

Lowest.

20,1907
15,1903
26i1906
24,1908
14,1908
17,1908
23,1907
17,1907
18,1908
18,1907
6,1908

90
* 10 2 4

1214
12 0 }
*92}
944

*2 2 f

*83}

*85

92

*96

12 1

96

88

10 1}

*103

ioi}
111

100
(x)
94
87}
*70"

*101
96
76
*01

97}
*90
99}

98}
98}
97
88
94}
*101
814

*100

*101

35}
*92}

119}
*111
118
103
104

s. 87}

*120

89

.' -

-Xj

• V* • J - .'5 • •C * - _0' !" « ■ r'.V - A
.* ' i
A • •. '
*
"? .
*

CONGRESSIONAL RECORD— SENATE.

2458

F

ebeuaey

25,

February S , 1908— Income values and quotation record of active railroad and industrial corporation bonds, etc.—Continued.
O
Last sale.

Jan. 1, 1906, to date.
Interest dates,
maturity.*

Title of bond, rate,

.......................—

do
do
do
ao
do

§ 3Js
>
- -- ^
do l
e
i
s

—

t

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

e

r

e

d

do registered.....................
eiriKing iuna os...........................
do registered..---........- ................

registered.
do
do sinking fund deben 5s..............
do registered....................... .
do
°Chic & Pac W n 1st g 5s. . . . . . . . . - - - eChic Rock Island & Pac R R mtg 5s.
do
do registered.................... .
•Chic Rock Island & Pac Ry gen g 4s.
do
do registered........................
°do refunding g 4s...........................
do registered...................
do
do coll trust serial 4s—
do F .
do
do
do G.
do
do
do H .
do
do
do 1 ..
do
do
do J ..
do
do
do K .
do
do
do L .
do
do
do M .
do
do
do N .
do
do
do O.
do
do
do P,
do
do
Chic Rock Island A Pac R R 4s..................................
do
do registered............... . — ...................
do coll trust g 5 s . . . ........................... ...................
Chicago St L & New Orleans g 5s...... ........................
do registered.......................................................
do
do registered...................................- —
do
do Memphis div 1st g 4 s ......................................
do registered.......................................... do
Chic St L & Pitts 1st con g 5s.................................
do registered..........................................................
°Chic St PI Minn & Om con 6s.....................................
°do con 6s reduced to 3?s.......................................
"Chicago St Paul & Min 1st g Cs................................
Chic & Westn Indiana gen g 6s.............,.................... .
do con 50-yr 4s............................ .......................... .
Chie & West Michigan Ry 5s........ ..............................
Choc Oklahoma & Gti gen g 5s................................. .
do c o n g a s ..,.......................... ..............................
Cin Day A Ironton 1st gtd g 5s..................................
Gin Finlay & Ft W 1st gtd g 4s..................................
Cin Ham A Day 2d g 4?s.............................................
°Cin Ind St Louis A Chic con Os.................................
°do 1st g 4s.............................................................
do do registered.................................................
Cin Ind & Wn 1st & ref gtd g 4s................................
Cin Leb A Nor 1st con gtd g 4s..................................
Cin San & Cleve con 1st g 5s........................................
Clearfield A Mahoning 1st gtd g 5s............................
°Clev C C & Ind con 7s.............................. ..................
do con sinking fund 7s.........................................
°do gen con g 6s......................................................
do do registered..................................................
“Clev Cin Chic A St L gen g 4s....................................
do Cairo div 1st g 4s............................................
do Cin Wab A Mich div 1st g 4s........................
do St Louis div 1st coll trust g 4s.....................
do registered....................................... .
do
do Springfield & Col div 1st g 4s.......................
°do White W Val div 1st g 4s..............................
Clev Lorain A Wheel con 1st g 5s...............................
Clev & Mahoning Valley g 5a......................................
do registered..........................................................
Cleve & Marietta 1st gtd g 4?s....................................
°Cleve A Pitt gen gtd g 4?s ser A ...............................
°do
do seiies B ......................................... .
°do
do
do int redu to 3?%.........................
“do
do 3?s series C...........................................
°do
do 3?s series D ...........................................
Colorado Midland Ry 1st g 4s.....................................
Colorado A Southern 1st g 4s.............. ......................
do ref & extended mtge 44s................................
do
do registered............ ...................... ......
Colum & Greenville 1st g 6s........................................
Col Conn & Ter 1st gtd g 5 s ........................................
Col A Hocking Valley 1st ext g 4s.............................
Colum A Tol R R Co' 1st mtge ext 4s.......................
Conn & Passumpsic Rivers 1st g 4s..........................




..... ................................

In­
Yield.
come.

1921 J A J*___
1926 J A J * . . . .
1910*J A J ........
1910*J A J ........
1910*J A J ........
1908 J A J * . . . .
1910 J A J * ,.. .
1910*J A J ........
1909 J A J * ... .
1921 J A J * ... .
1915 Q F eb*.. .
1926 F A A 15*.
. . . . F A A 15*.

iq7q_
i «7q
_

. . . . A A O * ...
. . . . A A O * ...
1909 M A N * ...
. . . . M A N * ...
1921*A A O 15..
1933*M A N.
___*M & N .. ..
1921*J & J ..
1917 J A J * . . . .
. . . . J & J * ...
1988*J & J . . . .
....* J & J . . . .
1934*A & O . . .
. . . . A & O ...
1908 M & N ..
1909 M A N ..
1910*M & N ..
1911 M & N ..
1912*M A N ..
1913 M A N ..
1914 M A N ..
1915*M A N ..
191(i*M A N._
1917*M A N .. .
191S*M A N . . .
2002 M & N *..
. . . . M A N*._
Kg3 M A S * ..
1951* J A D 16.
___S A D 15.
J
1951hi A D 15.
___*J A D 15.
1951 J A D*.
.... J A D .
1932 A & O *
. . . . A & 0*
1930*J A D . . .
1930*J A D
1918*M A N . . .
1932 Q M ...
1952 J A J*.
1021 J A D*
1919 J A J ..
1952*M A N .. .
1941*M A N . . .
1923 M A N*
1937 J A J * ..
1920*M A N.
1936 Q F ----.... Q F . ..
1953*1 A J . . . .
1942 M A N
192S*.J A J.
1943*J A J.
1914*1 A D.
1914*1 A 1).
1934*J A J.
. . . *J & J.
1993*J & D.
1939*J A J . . . .
1991*.J A J ...
1990 M A N*.

.....MAN*..

1940 M A S*..
1940 J A J * .. .
1933 A A O*.
103S*J A J ...
.......Q J..........
1 9 3 A N ..
19,2*1 A J . ..

4.62
4.81
6.85
4.99
3.88
4.99
5.%
5.97
4.65
5.98
4.08
4.13
3.86
3.69
5.57
5.60
4.78
4.84

Lowest.

Highest.
Quo­
ta­
tion.

4.36
4.61
6.02

4.83

Date,

Quo­
ta­
tion.

1 st
1

Feb. 15.1906
108| Apr. 14.1906
113 June 30.1906
1001 July 11.1907
1824 Apr. 5.1906
103 Mar. 18.1907
108? June 8.1506
106? Jan. 25,1906
1131 Feb. 5.1906
126 Jan. 24.1905
1054 Jan. 17.1906
104 Feb. 8.1907
1004 Jan. 9.1906
96 Nov. 5.1906
113 June 14.1906
1144 Feb. 7.1908
111 Feb. 23.1906
1071 June 5.1908
1 -1 Feb. 2.1906
01
101 Sept. 20.1906
112? Mar. 2.1906
103 June 14.1907
117 Jan. 20.1906
117 Feb. 8.1906
114? Apr. 17.1906
1201 Feb. 21.1906
1194 Mar. 19.1906
103? Jan. 8.1506
102 Feb. 5.1906
97 Jan. 31.1906
89? May 2.1907

109
104

102

100?
182?
98

Date.

Quo­
ta­
tion.

Aug. 15.1907
Feb. 15.1908
Oct. 25.1907
July 11.1907
Apr. 5.1906
Dec. 2.1907
Jan. 2.1908
Jan. 24.1908
Dec. 13.1907
Dec. 27.1907
Sept. 23.1907
Sept. 17.1907
Dec. 3.1907
Feb. 21.1907
Dec. 13.1907
Dec. 12.1907
Oct. 7,1007
Nov. 13.1906
Dec. 4.1907
May 31.1907
Nov. 30.1907
June 14i 1907
Dec. 18.1907
Feb. 8.1906
Nov. 4.1907
Jan. 16.1908
Mar. 7.1907
Nov. 23.1907
Sept. 13.1907
Nov. 15.1907
Jan. 16.1908

5.07
4.85
4.91
4.79
4.32
4.64
5.33
5.21
4.19
4.39
4.73
4.73

4.84
5.07
5.56
4 28
419
414
4.26
3.88
3.71
5.40
5.45
4.67
4.76
5.07
5.61
4.70
4 82
4.71
4.02
4 28
4 38
4.13
4.20
4 41
6.08
5.08

4.12

6.62

97? June

4.32

5.75

92* Nov. 7,1906

92? Nov. 7,1906

4.48

5.68

90? Jan. 16,1907

90? Jan. 16,1907

4.47
4.83
7.16
6.52

5.35
6.28
7.09
6.52

6.01

8.66

90*
90
814
62?
93
123?

Feb.
Mar.
Feb.
Jan.
Feb.
Mar.

1,1906

8.1907
7.1907
2.1906
4.1908

2.1906

?

100
101

104

112
98?
97
87
95
109
106
104?
104
98
98

100
103
105
117
105
112
116?
88
92
80
85?

97? June

84
49?
62?
59
106

May
May
Nov
Jan.
Nov.
Dec.

1,1906

1,1906
13,1907
19,1907
4,1908
21,1907
26,1907

Date.

Bid. Asked.

24,1905
15.1907
15.1908
15.1908
11.1907
5.1906
Jan. 31.1908
Feb. 17.1908
Jan. 24,1S08
Feb. 17.1908
Feb. 4,1908
Sept. 23.1907
Jan. 30.1908
Feb. 18,1008
Feb. 21,1807
Dec. 13.1906
Jan. 13.1908
Dec. 9.1907
Nov. 13.1906
Jan. 29.1908
June 6.1907
Feb. 13.1908
June 14.1907
Dec. 18.1907
Feb. 8,1906
Feb. 18.1908
Feb. 15.1908
Mar. 7,1807
Feb. 19.1908
Sept. 13.1907

Oct.
Aug.
Feb.
Jan.
100 ? July
182* Apr.

115?
109
104
102?

?

100

Km
10 1'

108?
117
98?
98
91?
95
109
108.1

lUl?

104
101
99?
105
103
105
117
108?
113
116?
96
92
86 Feb. 19.1908
86 Feb. 10.1908
97*
97
97*
92*

June
July
May
Nov.

14,1906
14,1904
26,1905
7,1906

96?
90?
93
90?
84
57
62?
60
106
119?
88?

May
Jan.
May
Feb.
Aug,
Feb.
Jan.
Feb.
Dec.
Mar.
Feb.

26.1905
17.1907
24.1904
8,1907
26.1907
19.1908
13.1908
19.1908
26.1907
12.1904
25.1907

85
57?
62

4.74

4 70

3.99

'i ’ io

88? Feb. 25,1907

413

416

1014 Aug.'26‘ i906

12,1967

97

Dec. 12,1907

'4 50

122

Jan. 'i5,'i906

109

Jan. 21,1908

109

Jan.” 2L1908

112

4.78

421

136

F eb."i3‘ i90C

118

Nov. H,‘ i9Q
7

3.43
5.15
4 26

135? Feb. 28,1906
115 Oct. 16,1907
98? Dec. 18,1906

Jan.
Dec.
Jan.
Feb.

126|

490
5.36
4 22

126?
93
124
112
95?
109
105
104?

62?

*100

4 65

9,1906

88? Feb. 25,1907
Dec.

119 Dec. 10.1907
109? June 6,1907
95 Jan. 29.1908

4.79
4.83
4 92

4.58
4 81
4 90

106| Jan. 3,1906
111 May 17,1906
112 Jan. 25,1906

105 May 8.1906
104? Nov. 16,1907
102 June 5.1907

4.73
4.10
4.85

6.02
414
4.96

103? Jan. 31,1906
103 Feb. 5.1906
91 Mar. 27,1906

Dec. 18,1907
Aug. 14,1907
Jan. 29,1907

4.68

4 49

115

Jan. 10,1906

109

6.54

5.68

122

Jan. 29,1906

110? Nov. 23,1907

4.73

433

135

Jan. 29,1906

127

102

Feb.
Apr.

Nov.
Jan.
June

22.1908
19,1903
17.1908
11.1908
4.1908
28,1902
13,1906
6.1908
5,1907

112?

1251
110;

*116
* 3

102?
104;

112? Oct. 10,1900

4 32
4.04
4.25
4 98
4 48
4.44
4 11
4. 61

433
405
4.26
5.00
4.49
4 59
4.17
4 45

105?
1014
10l|
103
97
92
98
115?

Feb.
Dec.
Mar.
Jan.
Jan.
Feb.
Sept.
Mar.

1.1906
4.1906
1.1906
22.1906
10.1907
19.1908
19,1906
29,L
90G

June 3,1907

July 19,1907

89? Nov. 19,1907
99? Dee. 31.1906
95 Aug. 23.1907
70? Oct. 25.1907
91 Oct. 8.1907
92 Feb. 19.1908
96 Aug. 30.1906
109? June 29.1907

105
85
98?
83

Jan.
Dec.
Oct.
Jan.

109
103

June 4,1907
Apr. 14,1907

22,1904
18,1907
17,1907
29,1907

103
*95
91

11(1 Nov. 23,1907
?

*103
*111

127

July 19,1907

*118?

93?
99?
95
80?
91
92
98
109?
116?

Feb.
Jan,
Sept.
Nov.
Oct.
Feb.
Sept.
June
Jan.

17,1908
10.1907
12.1907
21.1907
8,1907
19.1908
19.1906
29.1907
23,1905

iio

Jan. 10,1905
108? Aug. 21,1903

1-1 A A O*.
92

1948 M A N*
1950 F A A * ...
1947 J A J * ... .
1929+-F A A . . . .
1935*M A N . . . .
___*M A N . . . .
1916*J A J ------1922*J A J ........
1948 A A O * ...
1955 F A A * . . .
1943*A A O ___

Feb. 19,1908.

t

*851

*90

85
*107?
*103
'*96
*100

79? Jan. 24,1906
90? ____d o ...........
95 Feb. 11,1907

6.72
4.67
6.16

5.13
6.68

5. 44

4.60

111

4.08
4 29

410
4.33

101? Feb. 21,1906

Feb. 15,1907

101? Oct. 10,1906

55 Nov. 20,1907
75 Nov. 21,1907
74? Feb. 19,1908
Ill

Feb. 15,1907
Nov. 20,1900
Dec. 19,1907

98*
96
60
85?

Dec. 15,1905
Jan. 8,1904
Feb. 13,1908
Feb. 19.1908

7 4 ? ........do...........

111 I Feb.
1091 Feb.
98?t Nov.
95 j Dec.
102 1 Dec.

15,1907
20.1905
24,1906
19,1907
18,1895

*96
60
*85

* 86?

74?
*103

CONGRESSIONAL RECORD— SENATE

1908

2459

February SO 1908— Income values and quotation record o f active railroad and industrial corporation bonds, etc.—Continued.
,
Last sale.

Jan. l, 1906, to date.

Title of bond, rate.

Consolidated Ry Co non-cnv 3, 3§, & 4%.
do registered........................................
do non-conv deb 4s.............................
do
do registered.......... .................
do non-conv deb 4s.............................
do
do registered.............................
do non-conv deb 4s.............................
do
do registered.............................
do non-conv deb 4s.............................
do
do registered.............................
traig Valley 1st gS s.r................................
Dakota A Great Southern g 5s...............
bjallas & Waco 1st gtd g 5s.......................
■Delaware & Hudson 1st Penn div 7s___
do registered...................................... .
do 10-yr con deb coupon 4s................
do 1st lien equipt 15-yr g 4?s.............
Del Riv R R & Bge 1st gtd g 4s................
Den & Rio Grande 1st con g 4s..................
do eong4?s...... ................................... .
do improvement g 5s..........................
Des Moin A Ft Dge 1st gtd g 4s................
Des Moines Union Ry 1st g 5s...................
Detroit & Mack 1st lien g 4s.......................
^ do g 4s....................................................
Dot Southn 0 Southn div 1st g 4s............
Duluth & Iron Range 1st 5s.......................
do registered..,...................................
do 2nd 6s................................................
Duluth Short Line 1st gtd 5s.....................
Duluth So Shore & Atlantic g 5s...............
Eastern Ry Minn 1st div 1st g 5s..............
do registered.........................................
do Northern div 1st g 4s....................
^ do
do registered..........................
East Tenn reorganiztn lien g 5 s .. . *.........
do
registered......................................
East, Tenn V & Ga divisul g 5s..................
do con 1st g 5s......................................
Elgin Joliet & Eastern 1st g 5s..................
Elmira Cort & Nn 1st pfd 6s......................
.do g td g 5 s .............................................
Erie 1st ext g 4s.............................................
do 2d ext g 5s........................................
do 3 d e x tg 4?s.............................
do 4th ext g 5s......................................
do 5th ext g 4s...... ...............................
do 1st con g 7s.......................................
do 1st con g funded 7s.........................
Erie R R 1st con g 4s prior bds..................
do registered........................................
do 1st con gen lien g 4s.......
do registered...........
do
do Penn coll trst g 4 s ..........
do registered........................
do 50-yr conv g 4s Ser A ___
do
do do
Ser B ___
.
..
do registered...............
do
"Erie & Pitt gen gtd g 3?s ser B .
°do
do
series C................
“Evan H & Nashville 1st g 6 s ...
Evansville A Ind 1st con gtd 6s.
Evansville & Terre H 1st con g (is.
do 1st gen g 5s..........................
do Mount Vernon 1st g 6s.........................................
do Sullivan Co Brch 1st g 5s.....................................
“Fargo & So assumed g 6s.................................................
Flint A Pore Marquette g 6s............................................
do
1st con g 5s.......... ...............................................
do Pt Huron div 1st g 5s..........................................
Fla Cent A Peninsular 1st g 5s.........................................
do
do Coupon off.................................... ’. ..........
do 1st land grant ext g 5s.........................................
do
do Coupon oil.................................................
do cons g 5s........... .....................................................
do
—
do Coupon off.................................................
Fort St Union Depot Co 1st g 4?s....................................
Ft Worth A Den City 1st g (is..........................................
Ft Worth A Rio Grande 1st g Is.....................................
Gal H A II of 1882 1st 5s....................................................
Gal Harrisburg & S A 1st g 6s................................. , ___
do Mex A Pac div 1st g S s . ..,.................................
Georgia & Alabama 1st con 5s..........................................
do
do Coupon off.................................................
Ga Car & Nthn 1st gtd g 5s...............................................
do
do Coupon off.................................................
Georgia Midland Ry Co 1st 3s...........................................
Georgia Pacific Ry 1st g (is................................................
Gila Val G & Nthn 1st gtd g 5s........................................
Gouv & Oswegateh 1st gtd g 5s........................................
Gr Rap & Ind ext 1st gtd g 4?s........................................
Gray’s Point Term 1st gtd g 5s........................................
Greenbrier Ry 1st gtd g 4s................................................
Gull & Ship Isl 1st rei & term g 5s..................................
do registered................................................................
0 Hannibal & St. Joseph con Cs.........................................
“ Harlem River-Port Chester 1st 4s..................................
do registered................................................................
Hocking Valley Ry 1st con g 4?s......................................
do registered................................................................
®Housatonic R con g 5s....................................................




In­
Interest dates,
Yield.
come.
maturity.*

1930*F A A . . . .
...,* F & A . . . .
1954 J A J * ... .
. . . . J & J * ... .
1955*J & J ........
___*J & J .........
1955*A & Q . . . .
___ *A & O ___
1956*J & J ........
___*J & J.........
1940 J & J * ... .
1916*J & J........
1940 M A N *...
1917 M A S * ...
. . . . M & S *. . .
1916*J & D.......
1922 J & J ........
1936 P & A * .. .
1936*J & J ........
1936*J A J ........
1928*J & D.......
1935*J & J ........
1917 M A N * ...
1995*J A D .......
1995*J & D ___
1941*M & S . . . .
1937 A & 0 * . . .
. . . . A & O * . ..
191G*J & J ........
1916 M A S * . . .
1937*J A J ........
1908*A A O . . . .
. . . . A & O ....
1948*A A O . . . .
.... A & O ....
1938*M & S ___
— M A S ....
1930 J A J*___
1956 M A N * ...
1941*M A N.
1914*A A O ___
1914*A A O . . . .
1947*M A N . .
1919 M A S *.
1923*M A S . .
1920 A A O*.
1928+J A D ...
1920 M A S * ...
1920 M A S * . . .
1996*J'A J ..
....* J A J ........
199G*J A J ..
---- *J A J . .
1951*F A A . . . .
___ *F A A .
1953*A & 0 .
1953*A A O.
. . . .*A A O.
1940 J A J*.
1940 J A J*.
1919 J A D * ....
1920*J A J ........
1921 J A J * ... .
1942*A A O . . . .
1923*A A O . . . .
1930*A A 0 . . . .
1924*J A J ........
1920 A A O * ...
1939*M A N . . . .
1939*A A O . . . .
1918 J A J*.......

Quo­
ta­
tion.

Date.

Quo­
ta­
tion.

Date.

112

Feb. 28,1906
104} Feb. 11,1908
104? Jan. 30,1907
123 Jan. 9,1908

4.49
4.82
4.84
5.82

4.37
4.43
4.81
4.47

112 Feb. 28,1906
U .J June 13,1906
0
108 Feb. 13,1906
133 ------do............

4.21
4.70

4.70
4.91

112? Nov. 22,1906
961 Jan. 9,1908

Nov. 21,1907
Jan. 9,1908

4.23
4.60
5.04
4.17

4.34
4.64
5.06
4.25

101* June

Nov.
Jan.
Jan.
Apr.

4.41
4.86
5.26
4. 74
4.54

4.41
4.88
5.57
4.67
4.40

100

Jan.
96} Mar.
Jan.
93}
114 Sept.
112 Feb.

4.65
5.01

4.53
5.52

113? Apr. 12,1906
101} Sept. 21,1907

6,1906
108 Mar. 24,1906
109 Feb. 14,1906
971 Jan. 30,1906
11,1906
23,1906
24,1906
21,1906
13,1906

Feb. 19,1908,

Lowest.

Highest.

Quo­
ta­
tion.

Date.

112
104}
104?[
123
149
96
96

Feb.
Feb.
Jan.
Jan.
Aug.
Feb.
Jan.

28,1906
11,1908
30,1907
9,1908
5,1901
19,1908
9,1908

92 Mar. 20,1907
80 Jan. 3,1908
77} Jan. 27,1908
102 Jan. 8,1908
112? Feb. 13,1906

Feb. 17,1908
Jan. 13,1908
Jan. 28,1908
Apr. 19,1906
110 Sept. 30,1904
92 Mar. 20,1907
83 Jail. 23,1908
77} Jan. 27,1908
107? Feb. 13,1908
112? Feb. 13, 1906

Feb. 6,1908
Dec. 18,1907

108 Feb. 6,1908
101} Jan. 22,1908

100
97

108
99

22,1907
13,1908
28,1908
19,1906

95
98
100
97

Bid. Asked.

103}.
*105

12
.2
"95? .
*96

*95

’*ioo‘

*98
*87
*83

*78
*107

101} .
*80

4.59
4 52
4.83
4 55

5.36
4 80
3.79
5.01
4 56
4 69
4 31
5.94
5.96
4.88
5.08
6.35
4.71
5.50

4 46

116? Feb.

4.27
4.81
4 42
4 02
4 33
3.72
5.03
4 61
4.53
455
5.12
5.14
4.89
5.09

110} May 24,1906

4.72
5.71

7,1906

1191 Mar. 29,1906
119 Feb. 21,1908
113} Jan. 22,1906
105? Jan. 5,1906
107? Jan, 30,1906
1144 Feb. 23,1906
109 Aug. 8,1906
115 Jan. 24,1906
102 July 28,1906
134* Feb. 19,1906
133 Feb. 1,1906
102, Jan. 12,1906
100? Apr. 19,1906
93? Jan. 16,1906
91 Oet. 9,1906
Jan. 29,1906

,

109? Jan. 20,1906
87 Feb. 8,1907

8.80
8.26
3.85

3.99

5.55
5.26
5.36
5.29

5.09
4.86
4.78
5.33

96} Jan.

no?

7,1907

110? June 17,1907

1 0 July 16,1907
1]
1 0 Nov. 15,1907
Q

110f July 16,1907

110;
113!
105}
92
99
94?
106?
91
118
120
82?
80?
63
85?
71

Mar.

June 10,1907
Jan. 22,1906
Jan. 5,1906
Nov. 26,1907
Dec. 9,1907
------do..........
Feb. 4,1908
Dec. 9,1907
Nov. 18,1907
Jan. 11,1908
Feb. 18,1908
Dec. 11,1907
Feb. 19,1908
Feb. 18,1907
Doc. 3,1907

105

Feb. 10,1908

13
1?

Jan.
Jan.
Jan.
Jan.
Jan.
Feb.
Dec.
Feb.
Jan.
Feb.
Deo.
Feb.
Feb.
Feb.

110} June 10,1907
105}
105
101?

93

121
120}
82?
S?
O
63
85?
73

Feb. 19,1908
Jan. 18,1908

46? Nov. 23,1907
19 NOV. 20,1907

2,1906

92

May 8,1907
Jan. 22,1906
Aug. 24,1906
Apr. 17,1906

110
116
112
90

Apr.

8,1907

22,1906
5,1906
17.1908
4.1908
17.1908
4.1908
16,1907
7,1908
14,1908
18,1908
11,1907
19,1908
18,1907
17,1908

Dec. 7,1906
Apr. 25,1906
Jan. 2,1908
Dec. 16,1907

4 80

4.72

106| Jan. 23,1906

106} Feb. 21,1906

5.44
5.08
4 80
4 68

4.92
5.10
4.75
4.20

118 Feb. 14,1906
110? Jan. 19,1906
1 1 1 ? ------do...........
1093 Apr. 25,1906

110} May 17,1907
100: Apr. 13,1907
106? Sept. 19,1906
107} July 12,1906

92 Apr.
98} Apr.
Nov.
116 Apr.
112 Jan.
96 Jan.
114 Apr.
106} Feb.
137 July
112 Aug.
100} Apr.
106? Sept.
107} Aug.

8,1907
4,1905
18,1907
25,1906
2,1908
14,1908
19,1905
21,1906
18,1899
13,1907
13,1907
19,1906
4,1906

109? Mar.

113?
118
118
109?

90

100
98
106? .
97
105? .
93
121

125

” 83’
*83
64

49

3,1905

111

110}

110
*98?.
119

1930*J A J.
1943*J A J.
194l*J A J ........
1921 J A D * ....
1928 J A J*.......
1913*A A O . . . .
1910*F A A . . . .
1931*M A N ___
1945 J A J.........

Mar.
Feb.
Feb.
Dec.
Mar.
Jan.
Dec.

Jan. 16,1905

11,1898
18,1908
6,1908
14,1907
30,1907
23,1908
9,1907

5.24
5.93
7.52
5.27
5.31
5.19

115
91
105?
106
111}
111?

9,1906
28,1906
3,1907
21,1906
11,1906
7,1900

73
90
103
97
99

Dec.
Nov.
Dec.
Mar.
Jan.
Dec.

4 72
5.68
4.75

5.18
5.42
4 56

74? Mar. 30,1906
123 Jan. 17,1906
108} July 12,1906

65
104
106

Sept. 14,1907
Nov. 26,1907
May 2,1906

65 Sept. 14,1907
106 Jan. 23,1908
106} July 26,1906

106?

42
0

4 .12
5.06
406
5.54

108}
101?
99}
105}

105

Aug. 28,1906

5.05
4 05
5.49

108

102

6.22

7.17

112} Jan. 12,1906

4.44
4.60
4.51

4.44
4.60
4.35

110

Feb.
Feb.
Jan.
Feb.
June
Mar.

2,1907
20,1907
14,1907
12,1907
23,1908
9,1907

1929 J A J*...
1946*A A O ----1922*J A J ........
1924*M A N . . . .
1942*J A D .......
1941 J A J * ... .
1947 J A D* .. .
1940 M A N *...
X952 J A J ........
. . . . J A J ........
1911+M A S . . . .
1954*M A N . . . .
— *M A N ___
1999 J A J * ... .
....J A J*........
1937 M A N *...

105
108}
78
90
103?
97
99

110

9?
8

5.58
5.15
5.62
5.88
5.22
5.16

103
125

Feb. 0,1906
Apr. 18,1907
Feb. 2,1906
June 6,1906

Apr. 2,1906
Nov. 20,1906
Feb. 0,1906

10 1 ? Apr, 18,1907

99} Feb. 2,1900
93 Nov. 8,1907
98

Dec.

Sept. 25,1906

101} Apr. 18,1907

108?
*73

M08J

96
106? *108?
*100
108
*105

99} Feb. 2,1906
93 Nov. 8,1907

5,1907

Dec.

5,1907

104} .

94 Nov. 26,1907
99 Oct. 5,1907
103? July 12,1906

101} Feb.
99 Oct.
113 Oct.

7,1908
5.1907
4.1907

12 .
1}

99?

*103

■ '■“

:< J
r*

r v '■.S
. ■i

■•* •■
, '

-■

F ebrtjaby 25, >

CONGRESSIONAL RECORD— SENATE.

2460

February 20,1908—Income values and quotation record of active railroad and industrial corporation bonds, etc.—Continued.
Jan. 1,1906, to date.

Title of bond, rate.

't




Housn East & West Tex 1st g 5s........... .
do 1st gtd g 5s redeemable..............
Houston & T C 1st g 5s int gtd...............
Hous A T C con g 6s int gtd....................
do gen 4s Interest gtd......................
do Waco & Nwn div 1st g 6 s ...........
° Illinois Central 1st g 4s...........................
do registered......................................
°do l s t g 3 * s . . . ...... .................... .
do
do registered.......................
“do extended 1st g 3*s.......................
do
do registered.......................
0 111 Cent 1st g 3s sterling £500,000...
do
do registered.......................
do collat trust g 4s...........................
do „
do registered.......................
do coll trust g 4s L N O & T ..........
do registered...................... - ..............
°do Litchfield div 1st g 3s.................
do Louisv dir A term g 3*s............
do
do registered................... .
°do Middle div registered 5s............
do Omaha div 1st g 3s.....................
“do St. Louis div & term g 3s........
do
do registered........................
°do
do g 3*s.................................
do
do
do registered...........
°do Springfield div 1st g 31a.............
do
do registered........................
do Western Line 1st g 4 s . . : ...........
do
do registered........................
Ind Bloomington A W 1st pfd 4s...........
Indiana Decatur & WT 1st g 5s.............
n
do 1st gtd g 5s...................................
Indiana Illinois & Iowa 1st g 4s........... .
Intematl A Gt Northern 1st g 6s..........
do 2 d g 5 s...........................................
do 3d g 4s...........................................
Iowa Central 1st g 5s................................
do refunding g 4s............................
Jefferson R R 1st ^;d g 5s......................
Kal Allegan A G E 1st gtd c 5s.............
Kanawha A Mich 1st gtd g 4s...............
Kan Cy Ft Set & Mem R R con g 6s...
Kan Cy Ft Set A Mem Ry ref gtd g 4s.
do registered....................................
Kan Cy & M R & B Co 1st gtd g 5s—
Kansas City A Pacific 1st g 4s..............
Kansas City Southern 1st g 3s..............
do registered....................................
Kentucky Central g 4s............................
Keokuk & Des Moines 1st 5s ...............
do small............................................
Knoxville A Ohio 1st g 6s......................
°L a C& Day 1st 5s..................................
Lake Erie &' Western 1st g os................
do 2 d g 5 s...... ..................................
Lake Shore collat g 3*s...........................
do
do registered.......................
0Lake Shore & Mich So g 3*s.................
do
do registered.......................
do debenture g 4s............................
do
do registered.........................
do 25-year 4s....................................
do
do registered..........................
Lehigh A Hudson River gen gtd g 5s..
Lehigh A N Y 1st gtd g 4s.....................
do registered....................................
Lehigh Valley N Y l3t gtd g 4*s...........
do registered....................................
Lehigh Vly (Penn) gen con g 4s...........
do registered....................................
Lehigh Vly Ter Ry 1st gtd g 5s............
do registered....................................
Leroy & Caney Val A L 1st g 5s...........
Long Dock con g 6s.................................
Long Island 1st con g 5s.........................
do 1st con g 4s.................................
do gen g 4s.......................................
do Ferryg4Js............................
do g 4 s — .......................................
do unified g 4s.................................
do deb g 5s.......................................
do gtd refundingg4s.....................
do
do registered................... .
L I R R N So beh 1st con gtd 5s............
Louisiana A Arkan Ry 1st 5s................
Louisiana Western 1st 6s.......................
0 Louisville Cin A Lex g 4*s...................
Lo A Jefferville Bge Co gtd g 4s...........
0 Louis A Nash gen g 6s.........................
°do gold 5s.........................................
°do united gas...............................
do
do registered......................
do sinking fund g 6s....... ................
do collateral trust g 5s..................
do 5-20 yr eol trust deed g 4s........
do Atl Knox A Cin div 4s.............
do
do registered......................
do Pensacola div g 6s....................
do St Louis div 1st g 6s.................
do
do 2 d g 3 s............................
Louisville & Nashville collateral e 4 s ..

In­ Yield.
Interest dates,
come.
maturity.*

1933*M A N . . .
1933*M & N ...
1937 J & J*. ..
1912 A & 0 * .
1921*A & O . . .
1930*M & N ...
1951*J & J . . . .
1951*J A J. . . .
....* J & J___
1951*A & O ...
....A & 0 . . . .
1951*M & S ....
___ M & S____
1952*A & 0 . . . .
___ *A & 0 ___
1953 M A N * .
. . . . M & N * ...
1951 J & J.
1953 J & J * ... .
. . . . J & J ...
1921 F & A*.
1951 F & A*.
1951 J & J* .
. . . . J & J*..
1951 J & J * ... .
. . . . J & J * ... .
1951*J & J........
. . . . J & J........
1951 F A A * ...
......... F A A . . . .
1940*A & 0 . . . .
1935*J & J........
1935*J & J ........
1950 J A J * ....
1919 M & N * ...
1909 M & S*. . .
1921 M & S * ...
1938*J & D ..
1951*M & S.
1909 A A 0 . . . .
1938 J & J * ..
1990*A & O . .
1928*M & N ___
1936 A & 0 * . .
___ A & O .. .
1929 A & 0 * . .
1990 F & A * ...
1950*A A 0 . .
___ *A & 0 . .
1987 J & J *..
1923 A & O*.
____ A A O . . . .
1925 J & J*.
1919 J & J * ... .
1937*J & J .
1941 J & J * ... .
1998*F & A . . .
.......*F & A . . .
1997*J & D -...
.......*J & D—
1928 M A S * ..
1928 M & S*...
1931*M A N .. .
1931*M & N .. ..
1920 J & J*
1945 M A S *....
....... M A S*.
1940 J A J*..
....... J A J*.
2003*M A N .. ..
....... M A N . . .
1941 A A O * ...
....... A & 0 * . . .
1926 J A J * ... .
1935 A A O * ...
1931 Q J ...........
1931 Q J ...........
1938*J A D .......
1922*M A S.......
1932*J A D .......
1949*M A S .......
1934*J A D .......
1949*M & S.......
. . . . M A S .......
1932 Q J ...........
1927 M A S*. ..
1921 J & J ........
1931 M A N * ...
1945*M A S . . .
1930*J A D . . . .
1937*M A N . . . .
1940 J A J * . . . .
.... J A J * ..1910*A A O . . . .
1931 M A N * ...
1923* A A 0 .. .
1955*M A N ---___*M A N . . .
1920*M A S . . .
1921*M A S . . .
1980*M A S . . .
1952 M A N ... .

Highest.

Last sale.

Feb. 19,1908.

Lowest.
Quo­

Quo­
ta­
tion.

Date.

5.00
4.89
4-57
5.53
4.61
5.21
3.94
3.77
4.00
3.66
3.55

5.00
4.83
4.42
4.10
5.38
4. SI
3.93
3.72
4.11
3.71
3.57

1031 May

4.00
4.09
4.11
4.00

4.00
4.11
4.13
4.00

107*
98
1061
100

4.'i3

7.27

Quo­
ta­
tion.

1.1906
20.1906
24.1906
14.1906
18.1906
20.1906
4.1906
26.1907
41906
12.1906
19.1906

100

Feb. 26,1906
May 1,1907
Feb. 13,1906
May 8,1900

97

931 Nov. 1.7, i.906

85

ta­

Date.

Jan.
Dec.
Sept.
Jan.
Dec.
Sept.
Apr.
101* May
951 July
1001 Jan.

1054
1121
115
99-}
116
1091
107?

Jan.
May
Aug.
Nov.
Dec.
Dec.
Dec.
Apr.
Nov.
July
m June

103}
109J
1071
83*
116
97
107?
89
95*

10,1908
1,1906
21.1906
11.1907
24.1907
20.1906
12.1907
26.1907
16.1907
12.1906
20.1906

Date.

tion.

101

Jan.
Aug.
Feb.
110 Jan.
88 Jan.
116 Dec.
102 Feb.
107| Apr.
89 Nov.
954 July
99* June
104
110

14.1908
27.1906
8.1908
3.1908
9.1908
20.1906
8.1908
26.1907
16,1007
12.1906
22.1906

Bid. Asked.

100

'm l
109?
85*

” 70' Oct. 17,1904
Oct. 12,1907
May 1,1907
Nov. 22,1907
May 1,1907
Feb.

5,i908

3.84
3.83

4.07
4.06

781 Apr. 10,1906
821 Feb. 7,1906

784 Apr. 10,1906
78? Jan. 8,1907

4.29

4.45

'931 June 23,1906

82* Oct.” 8, i907

4.10

4.12

1071 Jan. 28,1906

97? Aug. 13,1907

ioi*
98
98J
97
” 85

Feb.’ " 3,1908
May 1.1907
Jan. 22,1908
May 1,1907
Feb.

*991

5,i908

"m
May 24,1899
78* Apr. 10,1906
78? Feb. 14,1907
” 82* Oct. 8,190/
101* Oct. 23,1899
100' Nov. 7,1900

*8*9

97? Aug.'isiijoi'
103
98*
107*
93*
109
89
60
108*
77

Nov.
Ocx.
Dec.
May
Jan.
Feb.
Oct.
Jan.
Feb.
Aug.

19.1901
19.1907
18.1902
14.1907
17.1908
6,1908
19.1907
31.1908
17.1908
14,1907

5.17

5.22

108J Jan. 30,1906

4.35
5.58
5.76
6.74
4.65
5.33
5.05

4.41
5.16

100

'4.' 57
5.31
6.02

’ i.'59
4.97
6.60

"99i Jan, 22,'1906’
121 June 20,1906
87? Jan. 18,1906

Nov.'i6A907
Dec. 3,1907
Nov. 16,1907

” 89 Jan. 30.1908
114* Feb. 4.1908
68 Feb. 18,1908
78* Jan. 14,1904

4.32
4.35

4.65
4.69

961 Apr. 16,1906
751 Jan. 5,19C6

Oet. 23.1906
Nov. 2,1907

” 95*
70*
63J
92
99|

"4.37

4.53
5.52
5.47

80
115
88
101*

OS' 'ioi

5.13
4.60
5.58
4.72
4.57
4.78
4.59
4.80
3. 84
3.84
4.41
4.50
4.44
4.44

5.23
4.22
5.34
4.30
4.41
4.73
4.61
4.83
3.85
3.85
4.70
4.92
4.69
4.69

Jan. 17,1906

120 — do...........
1021 Feb. 7,1906

111
110

1221
1134
119
113-1
93
911
lOlf
99:
10 1;

May
Feb.
Jan.
Nov.

26,1906
6,1906
12,1906
1,1906

981 Oct. 19,1907

93* Ma"y” i4,'i90$
101

89
60
100
70
100

Feb." ’ 2M906'
Mar. 3,1906
----- do............
Jan. 4,1906
Jan. 27,1906
Feb. 9,1906
Jan. 11,1906
Jan. 241906
Jan. 18,1906
Feb. 28,1906
Jan. 23,1906
Jan. 9,1906
Nov. 2,1906
Jan. 28,1908
July 12,1907

Nov.
Feb,
Oct.
Nov.
Jan.
Oct.

21,1907
6,1908
10,1907
11,1907
10,1908
1,1906

Feb.” 5,' 1908'
Dec. 18,1907
Mar. 3,1906
Jan. 20,1908
July 30,1907
Jan. 21,1908
Aj)r. I/, 1907
Nov. 29,1907
Nov. 30,1907
Oct. 30,1907
Nov. 6 1907
Nov. 26,1907
. .do.........
Nov. 4,1907
July 12,1907

101

'i l i '

96? Dec. 14,1906

95* Nov. 12,1906

4 38
4 25
4 52

"ii ij June 29,1906
106 May 8,1907
Apr. 24,1906

1014 Dec. 23,1907
100 May 8,1907
87 Nov. 6,1907

102* Feb. 17,1908
106 I May 8,1907
89*; Jan. 7,1908

4.69

'4 62

1201 Mar. 22,1906

106

4.92
4.56

4.60
4.33

1351 Feb. 23,1906
117 Mar. 19,1906

121

ios
100*
110
""
124

4.61

4.8i

1021 Jan. 30,1906 " ' g i ’ Dec.” 20, 1907
101? )an.” "3,"i906’ " ’si

100*

110

4.97

5.16

'4*29
4.04
4.62
4.91

‘435

'4.40
4.44
5.17
4.65
4.08
3.96

'4 34
456
4.81
4.53
4.11
3.95

103*
1004
3201
1211
104*
101?;

Jan. 13,1908
Fob. 2,1906
Jan. 24,1906
Feb. 19,1906
Jan. 9,1906
July 3,1906

103*; Jan. 13,1908
91*! Jan. 14,1908
112 I Nov. 19,1907
108*1 Mar. 14,1907
92 Oct. ■
| ' 30,1907
IC
O Apr. 21,1906

103*
91*
117
110
98*

4.88
4.40
4.72

'482
485
482

il54 jan. 5,11)06
loot Jan. 20,1906
894 Jan. 27,1908

1034 Dec.” 9,’ 1907
86j Dec. 30,1907
86 Feb. 19,1908

5. 48
5.19
4.14
5.42

‘ij’oo

107*
120*;
72*95*;

107* Aug.
117 | May
71* Sept.
75 j Feb.

27.1908
27.1905
28.1904
6,1908
22.1904
21.1908
19.1906
23.1906
16.1907

Jan.
Jan.
Jan.
Oct.
Feb.
July

i3,'i9CB
14.1908
31.1908
21.1907
19.1908
1,1906

"ioi"

4.05
4.49
4.85

4 50
4 21
4.60

‘ ioi* Jan.
99
Mar.
109 Nov.
105 Jan.

30,1906
19,1906
23,1906
26,1906

99
109
100

Jan. 'i, i908"
Dec.
Mar.
Nov.
Aug.

9,1907
19,1906
23,1906
23,1907

101

Feb. W im
92* Feb. 17.1908
Feb. 19.1908

8,1906
27,1907
7,1906
17,1908

107* Aug.
117 | May
72} Feb.
75 I Feb.

8,1906
27,1907
28,1907
17,1908

10 2 }

*76}

94

'87 1

'*iiii

*91

110*.
*98*
103
*92*

. . i. . . . . . . . . . . . . . . . . . . . . . . . . . .
Aug. 8,1906
Mar. 6,1906
Feb. 28,1907
Jan. 19,1906

*io7*

*102}.

Jan. '24,‘ io08‘ *109
Oct. 18,1899
Mar. 13,1905
Feb.t 7,1908
Jan. 28,1908
Jan.
Nov.
Oct.
Jan.
June
Jan.
Mar.
Nov.
Sept.

"*6oj
"ioo?

110*

26, 1907
17, 1908
70
16, 1900
5, 1908
31, 1908
3, 1906
22, 1908
17, 1908
106
31, 1908
107
27, 1907 * 100*
17, 1908
76
18, 1908
73
11, 1908
*91
31, 1908
*88
19, 1908
92?
18, 1907
19, 1908 ” '9 i’
12, 1907
*ioi‘
951 June 14,1907

4,24

Jan. 7,1908
105 ....... d o .!........

*104'
77

Apr.
Feb.
Oct.
Feb.
Jan.
110 ? Mar.
108 Jan.
106? Feb.
110 Jan.
107 June
76* Feb.
73 Feb.
92 Feb.
92 Jan,
92! Feb.
Dee.
Feb.
July

’ 4 41
.’
4.31
4.51

Nov. 21,1907

95*
*110
*90

93*
*86

*106

70*

*7f
•4

1908

CONGRESSIONAL RECORD— SENATE

246U

February S , 1908-Income values and quotation record of active railroad and industrial corporation bonds, ^e.—Continued.
O
Jan. l, 1906, to date.
Title of bond, rate.

Louisville and Nashville registered...
L & N & Mob A Montg 1st g 4}s..........
E & Nash Seuthn Mon Joint 4s............
do registered................................
Louisv New Alb A Chic 1st 6s...............
Mahoning Coal 11 R 1st 5s.....................
Manhattan Ry of N Y con g 4s...........
do registered....................................
Manitoba S W colonization g 5s...........
McKeespt & B Ver 1st g 6s....................
Me Min Man Win & Ala 1st Cs..............
Metropolitan Elevated 1st g 6s...........
Mexican Centl (Ltd) con g 4s................
do 1st con income g 3s....................
do 2d con income g 3s.....................
do equip A coll g 5s........................
do
do 2d scries g 5s................
Mexican Internatl 1st con g 4s ..............
do stamped guaranteed.,.............
Mexican Northern 1st g 6s.....................
do registered....................................
Mich Cent colg 3}s...................................
do registered...............................
Michigan Central 1st 6a..................... "...
do 5s..................................................
do
do registered..........................
do 4s..................................................
do
do registered..........................
do g 3}s sec by 1st mg on J L & S
“ do 1st g 3}s.......................................
Midland R of N Jersey 1st g 6s.............
Midland Terml Ry 1st g s ! 5s...............
Mil Lake Shore & W estn 1st g 6s____
do ext A impt sink fund g 5s.......
0 do Ashland div 1st g 6s.................
0 do Michigan div 1st g Cs................
do income 6s.....................................
Mihvau & L Winnebago 1st Cs..............
“ Milw & Northn 1st main line 6s.........
° do 1st con 6s...................................
Minneapolis & St L 1st gtd g 7s............
Minneapolis A St Louis 1st g 7s............
do Iowa Extension 1st g 7s..........
do racifie Extension 1st g Cs.......
do Sowestn Extension 1st g 7s. . .
do 1st con g 5s.................................
do 1st & refunding g 4s.............
Minn S P A S Ste M 1st con g 4s..........
Minn S Stc Mar A Atl 1st 4s g ......... .
Minneapolis Union 1st gCs...................I
Mo Kan & Eastern 1st gtd g 5 s............
Mo Kan & Ok 40-year 1st gtd 5s.......... .
Missouri Kans & Texas 1st g 4s............
do 2d g 4s..........................................
do 1st extension g 5s......................
do 1st & refunding mtge 4s...........
do
do small..................................
do gen mtge skg fd g 4 }s...............
Mo Kan A Tex St L div 1st ref g 4s___
Mo K & Tex of Tex 1st gtd g 5s............
Missouri Pacific 1st con g Cs..................
do trust g 5s stamped....................
do
do registered..........................
do 1st collateral g 5s..................
do do registered............................
do forty-years 4s gold loan...........
do mtgo 7s extended at 4%.......... .
Mob & Birmingham prior lien g 5s___
do small............................................
do mtge g 4s.....................................
do do small....................................
Mob Jack A Kan City 1st con g 5s.......
Moblie & Ohio now g 6s..........................
do 1st extension g Cs.....................
do gen g 4s........................................
do Montgomery div 1st g 5s.........
Mobile S Ohio col trust g 4s..................
i
do registered....................................
“Mohawk A Malone 1st gtd g 4s...........
Monongahela River 1st gtd g 5s.............
Montana Central 1st gtd g 6s..............
do registered....................................
do 1st gtd g 5s.................................
do do registered.............................
Morgan’s La A Texas 1st 7s...................
do 1st g 6s........................................
“Morris & Essex 1st 7s............................
“do 1st con gtd 7s............................. .
do
do registered.........................
“do 1st refundi ng gtd g 3}s..............
Nashville Chat A St Louis 1st 7s...........
do 1st con g 5s...................... ......... .
do Jasper Branch 1st g Cs..............
do T A P Branch 1st 6s..................
Nosh Fior & Shof 1st gtd g 5s................
Nat Tl R of Mex prior lien g 4}s.............
do 1st con g 4s................................. .
Naugatuck R R Co 1st 4s...................... .
do registered.....................................
New England R It con 5s....................... .
do
do con 4s.........................
New Haven & Derby cons cy 5s...........




Interest dates,
In­
Yield.
maturity.*
come.

....... M A N . . . .
1945 M A S * ...
1952 J A J*___
1910 J A J*___
1934 J A J * ... .
1990*A A O . . . .
*A A 0 .
193-1 J A D.......
1918 J A J*___
1917*J A J ........
190S J & J * - ..1911 J A J * ... .
1939 Jly 10.......
1939 Jly 10.......
1917*A A O . . . .
1919 A A O . . . .
1977 M A S * ...

4.61

4.72

5.96
4.65
4.2S

5.68

5.99
5.10

5.48
4.84

4. 52
4.29

Highest.
Quo­
ta­
tion.

Last sale.

Date.

Quo­
ta­
tion.

Date.

July 25,1906

108
87

July 11,1906
Mar. 19,1907

108* Feb. 9,1906
1251 Mar. 5,1906
103? Jan. 22,1906

100
109
88

Jan. 9,1908
Oct. 15,1907
Nov. 20,1907

98

100
87
28|
22’-

June
Dec.
Dec.
Dec.

23,1900
17,1906
14,1906
15,1906

98}
71
11
7

Nov. 6,1907
Nov. 26,1907
Oct. 30,1907
Nov. 2,1907

80

Feb.

5,1908

80

Fob.

5,1903

Feb.
Jan.
June
Jan.
June
Mar.

6,1906
17,1906
19,1906
3,1906
12,1906
23,1906

72
71
104
105
119
100?

Nov.
Nov.
Dec.
Dec.
June
Jan.

25,1907
29,1907
22,1906
18,1907
12,1906
28,1907

4.52
4.84
5.87
4.83
4.20
3.99

4.54
4.87
5.01
4.75
3.79
3.98

91
901
107*
120
119
1041

3.70
3.78
5.98

3.84
3.85
5.85

941 Dec. 20,1906
98} Feb. 16,1906
109} Jan. 11,1906

94} Dec. 20,1905
92} May 3,1907
100 Nov. 4,1907

5.31
4.47

4 70
4.17

1261 Jan. 19,i906
118 Feb. 27,1906

ill
113

4.71

3.82

1281 Feb. 27,1906

128} Feb. 27,1900

6.03
5.59

6.14
4.48

108? Mar. 17,1906
115 Feb. 10,1906

100
105

5.66
0.83
5.14

5.09
5.77
4.39

130 Mar. 13,1907
105 Apr. 16,1907
120J Feb. 6,1906

125} Feb. io,i908
105 Apr. 16,1907
118 June 5,1906

5.05
5.06
4.28
3.99

5.06
5.26
4.39
3.99

ii ij
97
102}
102}

Jan.
Jan.
Apr.
June

20,1906
17,1906
25,1906
25,1807

98
75
95
102

4.83
4.88
4.23
4.97
5.15
5.24

4.79
4.85
4.24
4.99
5.18
5.25

116
1691
103
921
1071
911

Feb.
Jan.
Jan.
Jan.
Jan.
Feb.

8,i.906
25,1900
22,1906
29,1906
16,1900
24,1906

1920 F A A * ...

6.21
4.90
4.96
5.73
5.33
4.76
5.28

6.72
4 91
4.95
5.48
5.91
4.38
5.57

90}
94
1C91
125}
107}
107}
1081

Nov.
Feb.
Feb.
Jan.
Feb.
Feb.
Jan.

30,1906
13,1906
14,1906
3,1906
13,1906
17,1906
25,1906

1945*M A S . . .
1938*M A N . . . .
1945 J A J * ... .

4.76
4.15
4.77

4.93
4.20
4.72

94} Jan. 13,1906
98 Apr. 8,1907
1151 Apr. 14,1906

199S*F A A . . . .
1909 M A S * ...
1931*M A S . . . .
1940*J A J ........
. *J A J
1952*M A N ....
1910*A A O . . . .
1925 J A D ..
1921*M A N . . . .
1929*F A A . . . .
1925*11 A S ..
1924 J & J*___
1911*M A N
1912 .T A J ........
1910*1 A D .......
1913*J A D .......
1927*1 A D .......
1927*J & D .......
1809*J A D .......
1921*A A O . . . .
1910 J A D*
1934 M A N *...
1949*M A S . . . .
1938 J A J * ... .
1926 J A J * ... .
1922 J A J*
1942*A A O . . . .
1942*11 A N . . . .
1990*J A D . .
1990 F A A . . . .
1944 M A N* ..
2004 M A S * ...
1936 J A J ........
2001*A A O . . . .
1942 M A S* ..
1920 M A N* .
1917 M A S . . . .

Nov. 30,1907
Apr. 26,1907

Dec. 17,1907
Nov. 30,1907

Quotation.

115?
87
95
101}
109
95
10-4

Jan.
Jan.
Feb.
Feb.
Oct.
Feb.
Apr.

27,1908
21,1908
6,1905
19,1908
15,1907
19,1908
5,1905

116J Mar. 9,1905
101 Feb. 19,1908
79 ....... do............
18
14

77}
71'
104
105
119
100?
100}
94}
92}
102|

Feb.
Nov.
Dec.
Dec.
June
Jan.
Nov.
Dec.
May
Jan.

G 190S
,
29,1907
22,1906
18,1907
12,1906
28,1907
26,1900
26,1906
3,1907
30,1G
0S

113}
113}
142}
128}
110

Dec.
May
Feb.
Feb.
Aug.

9,1907
31,1907
10,1902
27,1906
21,1905

100 Dec. 19,1907
108} Jan. 29,1908

Dec.
Nov.
Nov.
June

19,1907
18,1907
11,1907
25,1907

98
90}
89}
75
93
75

Oct.
Nov.
Oct.
Oct.
Nov.
Nov.

31,1907
29,1907
30,1907
25,1907
29,1907
7,1907

70}
82
95
103
89}
104
89}

Nov.
Mar.
Nov.
Dec.
Nov.
Jan.
Nov.

26,1907
29,1907
4,1907
2,1907
14', 1907
6,1906
26,1907

73
83
103
106
96
107}
95

86 Aug. 2,1907
97} May 2,1907
115} Apr. 14,1906

96
113
103
83
102}
77

Mar.
Jan.
Nov.
Aug.
Oct.
Jan.

27, i 906
27,1908
27,1907
2,1907
18,1907
29,1908

4.74
1991 M A S * . . . 4.55
4.40
4.74
1919*F A A ___
4 35
1937 .T A J *___
4 71
4 04
4.49
. . . . J A J * ....
4 87 . 4.83
1937 J A J*___
. JAJ
4 25
1918*A A O . . . . 5.66
460
1920 J A J * ....
5.29
1914*M A N . . . .
6.20
4.69
6.08
4.60
1915*J A D .......
...,* J A D ___
201)0 J A D * .. ..
1913 J A J * ... . "'o.'eo' 5.7i"
4 72
4 54
1028*A A O . . . .
4 74
5.26
1923*J A J .......
1917 J A J * ....
1937 F A A * ...
4 42
4.20
192G*J A J........ 4.56
4 59
1951 A A O * ... 5.03
5.19
1954*M A N . . . .

103
1051
136
136}
119}

Dec. 3,1906
Feb. 8,1907
Jan. 25,1906
May 31,1900
Feb. 1,1906

97}
105}
125
130}
105

Mar.
Feb.
Aug.
May
Dec.

27,1907
8,1907
1,1907
31,1900
13,1907

97}
105|
128
136}
105

Mar.
Feb.
Jan.
May
Dec.

127
118
125i
127

Sept.
Feb.
Jan.
Jan.

127
116
109
117}

Sept.
Nov.
Nov.
Sept.

13,190G
21,1900
19,1907
4,1907

127
116
114}
118}
127

Sept. 13,1906
Nov. 21,1906
Jan. 3,1908
Jan. 31,1908
June 23,1905

1195 Apr. 2, i90f)
U5t Sept. 19,1936
119} Feb. 16,1906

ids' Nov."" 8*1907
101} Dec. 2,1907
116} May 27,1907

117} Jan. 29,1906
105 Apr. 6,1906
871 Jan. 28,1907

111 Aug. 8,1906
95} Nov, 25,1907
75 Nov. 21,1907

ioo
107}
116}
113
113}
99
81

Nov.
Jan.
May
July
Feb.
Jan.
Feb.

1945 J A J * ...................

*100
100-5
80}
17'
13

81
18}
14

110
92
86}
102
117!
110
121}
118?
102
105

19,1908
31,1908
14,1908
11,1908
19,1908
17,1906
18,1908

6,1906
8,1906
3,1908
15,1906
1,1906
6,1906

1918*M A N .................!

102}
94

Feb.
Jan.
Feb.
Jan
Feb.
Feb.
Feb.

Aug.
Nov.
Jan.
Jan.
June
Feb.

13,1906
17,1900
20,1906
13,1906

*86

10,1908
125}
16,1907
102}
18,1907
106
10,1905
3,1908
0 ,190S
*77
11,1907
25,1907
4,1905 W
6,1907 *105}
15,1908
19,1908
*95
17,1908
79
14,1908
7,1907

98
1271
1051
99
1141
98}

5.12
5.36
5.70
4.81
4.94
5.31

*90

Feb.
Apr.
Jan.
Mar.
Jan.
Feb.
Nov.
June
May
Feb.
Feb.
Feb.
Feb.
Jan.
Nov.

5.13
5.04
5.55
5.09
4.32
5.70

1945 J A J*..

Bid. Asked.

901 July 29,1901
80 Feb. 5,1908
105 May 2,1900

125}
105
118}
113}
100
80?
95
102}
124
105}
104
95}
80?
98
77}

86 Mar. 18,1907
97} May 2,1907
113 Mar. 22,1906

Date.

90 Oct.
94 Aug.
98 Dec.
113 Feb.
105} Jan.
85 Feb.
102} Oct.
77 Jan.

1953*J A J
1927 .T A D * ...
1927 Q J .
1938 M A S * .. .
1947*F A A . . . .
193S M A S * ...

Feb. 19, 1908.

Lowest.

9,1905
6,1904
21,1909
10,1008
3,1908
19,1998
18,1907
29,1908
27,1907
8,1907
28,1908
31,1906
13,1907

26,1.907"
20,1908
27,1907
6,1904
28,1907
8,1908
11,1908

*82
104}

129

*80

*103}
97
80}
*79}
76
*82?
*107}
96?
*94}

87}
83

*84}
99}
77

90
S
O

*98
*97! .........
123}
109
noi
115}
116}
"s i"
111} " i i 3 }
107}

'*81

F ebruary 25,

CONGRESSIONAL RECORD— SENATE.

2462
F eb ru a ry

20,1808— I n c o m e

values and quotation record of active railroad and industrial coryorationbonds, etc.- Continued.
Last sale.

Jan, 1, 1906, to date.

Title of bond, rate.

In­
Interest dates,
Yield.
come.
maturity.*
Quo­
ta­

tion.

Lowest.

Highest.
Date.

Feb. 19,1908.

Quo­
ta­

Date.

Quo­
ta­
tion.

Date.

Bid. Asked.

tion.

106 Sept. 8,1902
1986*F A A .
N Jersey Junction R gtd 1st 4s.....................................
118}
.... F A A ....
117 Jan. 7,1908
117 Jan. 7,1908
do registered certificates...................- .......... .—
130 June 13,1906
4.76
112
122* Mar. 19,1906
1930*J A J ----- - 5.14
1221 Mar. 19,1906
122} Mar. 19,1906
N O 4 Mobile 1stg 6 s .....................................................
4.52
1084 Aug. —,1894
1930*J & J ........ 4.96
do 2nd g ....................................................................
1915 A & O ----N O & N Eastern prior Hen g 6s. . . ..............................
1945 J A J * ... .
Nov.
not Jan. 21,1906 1101 Nov. 21,1906 110} Nov. 21,1906 103}
Newp A Cin Bge Co gen gtd g 4}s.................................
4.41
4.58
1935 A A O * ...
Feb. 18,1908
85 Oct. 31,1907
16,1906
99}
N Y Bklyn A Man B 1st con g .....................................
4.01
4.00
1997 J A J * - ...
Jan. 14,1908
844 Nov. 22,1907
98} Feb. 10,1906
° N Y Centl A Hudson R g mtge 3}s.............................
3.97
3.96
94
*93}
. . . . J A J * ... .
86 ___ do............
94 Feb. 17,1908
Oet. 15,1906
102i
do
do registered....................................- ........
4.47
4.31
1934*M A N . . . .
100} Apr. 2,1906
100} Apr. 25,1906
101| Apr. 2.1906
4.07
do deb g ....................................................... ...........
4.05
. . . . M A N .. ..
93 Dec. 2,1907
99} Jan. 23,1908
1.1906
1Q6 Mar.
do
do registered..............................................
4.12
1937 A A O * ... 4.08
98} .
Oct. 31,1906
10 0 1
102} Mar. 7,1907
1021 Mar. 7.1907
N Y Chicago & St Louis 1st g 4s...................................
3.97
3.98
. . . . A A O *..
*97
99 Dec. 9,1907
100 Feb. 1,1908
100 Feb. 1.1908
5.07
do registered.................................................... .
5.00
194G*M A N . . .
117 July 20,1905
N Y 4 Greewd Lake gtd g ...........................................
86
"ioiil ji d y ’ 16*1906” 101} July 10,1906
do small.........................................- ........................
3.48 "3." 47 I 101* July i6 ,1900
2000*51 A N —
° N Y & Harlem g 3}s......................................................
___*M A N.
1 1 5 ' Oct.""243 907"
8
iie} ’jan.” *,"isos' "ii6f
1261 j an. 3,1906
4.38
do registered.................- •- ........................... ........
1921*J A J ........ "5.16
Nov. 19,1907
10 2
10 2
Nov. 19,1907 *103}
1145 Jan. 25,1906
4.95
0 N Y Lackawanna & Wn 1st 6 s .................................
4.98
1923 F & A * . . .
93
86 Nov. 1,1907
87} ....... do............
1 0 2 3 July 30,1906
5.21
do construction 5s.............. - - .............................
4.60
1923*51 & N .. ..
118 July 25,1904
do terminal & improvement 4s -••■■■ - ...............
1922*51 & N .. ..
"looi Sept." 14, i906 "iooi Sept. 14," i906 100J Sept. 14,1906
N Y L E & W Coal & R R Co 1st cur gtd 6s............
4*37
1913 J & J* •••• 5 ! 53
97
N Y L E 4 W Dock & Imp. Co. 1 st cur 6s................
1941 M A S * . . .
N Y A Long Branch gen g 4
s
, .........................
1939*A A O ----N Y A N E Boston Terminal 1st 4s............................
New York New Haven A Hartford............................
1914*F A A . . . .
do non-conv deb ...................................................
___ *F A A ....
do
do registered................................................
1947*M A S . . . .
do non-conv deb ...................................................
___*M A S .. . .
do registered...............................................
do
1947*M A S —
do non-conv deb 3}s..............................................
___ *M A S . . .
do registered...............................................
do
1954*A A O . . .
do non-conv deb 3}s....................... .....................
___ *A A O .. .
do registered...............................................
do
1955 J A J * ...
do non-conv deb ...................................................
. . ..J A J * ... .
do registered...............................................
do
1956*M A S . . .
do non-conv deb 4s ..................... - ......................
___ *M A S . . .
do registered...............................................
do
1956*J A J ----do conv deb ctfs 3}s.............................................
,...* J A J . . . .
do registered.............................................
111 Apr. 10,1907
4.28
do
110J Apr. 26,1907 110} May 28,1907 * 1 0 0
4.57
1927 A A O *..
* 97}
104} Jan. 9,1906
N Y A Northern 1st g .................................................
4.16
85 Nov. 19,1907
98 Feb. 7,1908 *97
1992 M A S ----- 4.16
N Y Ont & W refunding 1st g ...................................
101} June 29,1906
4.29
95} Aug. 19,1907
95} Aug. 19,1907
4.28
...„ M A S . . . ,
do registered $5,000 only....................................
1942*A A O ...
N Y Providence & Boston gen 4s..............................
. . _*A A O ..
do registered.........................................................
1044 Feb. 28,1906
3.98
100 Dec. 12,1906
3.99
101 } Dec. 14,1906 *97
1993 A A O * ..
N Y & Putman 1st con gtd g ....................................
111 Jan. 23,1006
105 Apr. 4,1907
4.65
105 Apr. 4,1907
4.78
1927*M A S . .
1174 May 25,1906 103 Dec. 17,1907 103 Dec. 17,1907
N Y & Rockaway Bch 1st g ......................................
4.95
4.96
1937*J A J . . .
N Y Sus A Wn 1st refdg g .........................................
103 Feb. 3,1906
4.58
100 Oct. 2,1906
4.56
100} Dec. 6,1906
1937*F A A ..
*90
do 2d g 4}s.............................................................
5.50
no Jan. 19,1900
91 Feb. 3,1908
92} Feb. 4,1908
5. 41
1940 F A A* .
118 May 3,1906
4.52
do gen g .................................................................
110 Jan. 28,1908
110 Jan. 28,1908 *99
4.61
1943*M A N - .
do terminal 1st g 5s............- - ..............................
. ,.*M A N ..
do do registered §5,000 each................ - ..........
19i2 A A O ..
N Y Texas A Mex gtd 1 st g .......................................
1916*A A O ..
°Nor A Montreal 1 st gtd g 5s.....................................
111 Feb. 14.1906
5.13
5.15
100 Oct. 17,1907
100 Oct. 17,1907 * 97V *105
1941*M A N ..
Norfolk A Southern 1 st g ...........................................
132} Jan. 22,1906
4.68
5.06
115 Nov. 21,1907
1931*M A N ..
120} Jan. 29,1908 * 120}
Norfolk A Western R R gen g 6s...............................
4.98
5.22
130} Feb. 15,1906
117} Jan. 2,1908
1934*F A A . .
117} Jan. 2,1908 117 i
do improvement A ext g ...................................
4.72
4.23
127] Oct. 22,1906
127} Oct. 22,1906
127} Oct. 22,1906
1932*A A O ----do New River 1st g 6s.................. - ....................
97
4.26
4.26
102; Mar. 30,1906
86 Nov. 23,1907
95} I Feb. 17,1908
96
1996 A A O*.
Norfolk A W n Ry 1st con g 4s. . ..............................
.... A A 0 * - - . 4.49 4.50 100 Feb. 16,1906 91 Sept. 12,1907 91‘ Sept. 12,1907
do registered..................................................
do small b o n d s................................................. .
.62
4.79
88}
99} Jan. 30,1906
81} Nov. 26,1907
87 Feb. 14,1908
1944 J A J*.
do divisl 1st lien & gen g 4 s ............................. .
J A J ..
do registered..........................................................I
* n
do
Jan.
78 ...........2,1908
5.00
5.50
84| Jan. 29,1908
81 Feb. 19,1908
*■; f r p.
do 10-25 year conv ...........................................................
do registered..........................................*....................... J *
do
75 ! Nov. 27,1907
95} Jan. 12,1906
4.91
4.71
86 Feb. 17,1908
*89
1941 J A D * . . .
do Pocahon C A C Co Joint 4s.........................
99 Dec. 9,1907
99 Dec. 9,1907
5.87
99 Dee. 9,1907
1910*M A S ----- 5.13
101
°N rthern Illinois 1st ................................................
4.46 117 Jan. 17,1906 110 | Apr. 23,1907
110 Apr. 23,1907
4.56
1945 A A O * . . .
i\ujthern Ohio 1 st gtd g 5s.......................................
106} Jan. 12,1906
931 Oet. 30,1907
3.98
101 Feb. 19 08 1 0 0 }
3.98
,19
10 0 !
1997 Q J*.........
N Pan Ry pr lien ry A Id gt g 4s..............................
106 Jan. 25,1906
4.11
95 Dec. 2,1907
98 Feb. 15 08
,19
.... QJ*........ 4.10
do registered......................... .............................
621 Nov. 19,1907
4.23
78} Jan. 24,1906
72
4.23
2047 Q F ..........
71} ------ d o...........
do gen lien Ry A land gnt g 3s........................
76 June 25,1906
4.30
70 Apr. 16,1907
4.30
70 Feb. 15,1907
. . . . Q F ..........
do
do registered.........................................
89 Jan. 23,1908
101 Jan. 24,1906
4,18
96 Jan. 28,1908
96
1996 J A D * . . . 4.18
do St Paul Duluth div g 4s..............................
.... J A D * ...
do
do registered.........................................
Feb. 19,1908
5.20
117 Nov. 14,1906
112 Feb. 19,1908
*113
5.39
1933*J A J ........
Nor Pacific Terml Co 1 st g 6s...................................
Feb. 8,1907
112 Feb. 8,1907
112 Feb. 8,1907
4.40
1938 A A O * ... 4.55
Northn Ry of Cal 1st gtd g 5s — , .........................
129} Mar. 3,1904
1930*J A J ........
“North Wisconsin 1st 6s . . . . . . . . - ...........................
84} Jan. 8,1908
100} Jan. 17,1906
87 Feb. 3,1908
4.75
*87}
1948*J & J........ 4.62
Ogdnsb & L Cham Ry 1st gtd g 4s..........................
1943 M A S . . . .
Ohio Connecting Ry 1st gta s f 4s...........................
1938*Q J ...........
Ohio Indian A West 1st pfd 5s.................................
113}S Nov. 30,1906
116 May 16,1906
4.33
4.50
Nov. 30,1906
193G*J A D .......
Ohio River Railroad 1st g 5s.............. ......................
110 Jan. 5,1906
114} Jan. 20,1906
4.23
4.42
Jan. 20,1906
1937*A A O ----do gen g 5s............................................................. .
97} Nov. 18,1907
1021 Mar. 2,1906
5.35
5.22
97}| Nov. 18,1907
1927 J A J * ... .
100
Oregon A California 1st gtd g 5s..............................
87 Nov. 23,1907
102 Apr. 5,1906
95
4.32
4.26
95 Feb. 15,1908
194G*J A D . . . .
Oregon R R A Nav Co con g 4s..............................
107 Nov. 15,1907
126 Jan. 23,1906
117 Feb. 19,1908
4.38
117}
5.14
117
1922*F A A ----Oregon Short Line R R 1st g 6s............................. .
100 Nov. 21,1907
119 May 23,1906
4. 41
111} Feb. 14,1908
112
4.51
1946 J A J * ... .
do 1st con g ......................................................
75 Oct. 25,1907
97}! Jan. 18,1906
87 Feb. 18,1908
5.05
87
4. 65
1929 J A D* . . .
do gtd refunding g 4s.......................... - .......... .
87} Mar. 29,1907
94}j Oct. 2,1906
87} Mar. 29,1907
5.02
4.62
.. J A D* . . .
do
do registered.......................................
103 Aug. 13,1907
105 Jan. 31,1908
105 Jan. 31,1908
4.62
4.88
1915 F A A . . . .
Oswego A Rome 2nd gtd g 5s..................................
100} Mar. 29,1907
102?! Feb. 7,1907
100| May 13,1907 100} ..........
5.33
5.04
1009*M A S ----“Ottumwa C F A St Paul 1st 5s.............................
90 Dec. 19,1907
100S Mar. 1,1906
90 Dec. 19,1907
7.33
5.03
1913 A A O * ...
Ozark A Cher Cent Ry 1st gtd g 5s.......................
99 Nov. 22,1907
114} Mar. 12,1900
104; Feb. 7,1008 *104}, *105
4.77
4,81
1946*J A D .......
Pacific Coast Co 1st g 5s...........................................
99} Feb. 8,1908
105 I Jan. 11,1906
99- Feb. 8,1908
*101
4.04
1938 F A A * .. . 4.03
“Pacific R of Mo 1st extd g 4s.................................
112 Dec. 21,1907
120?! Jan. 25,1906
112 Dec. 21,1907
*115
4.43
4. 57
1938 J A .1 * ....
“do 2nd extd g 5s................. .................... - ........
100 Nov. 2,1907
108|| June 12,1906
103} Feb. 8,1908
103}
4.18
4. 36
1921 J A J*----Pennsyl vania Co gtd 1st g 4}s.................................
101 July 18,1907
106 i Dec. 11,1906
101 July 18,1907
4. 43
4. 47
. . . . J A J * ... .
do registered............. .......................................
90} June 8 ,19C6
90} June 8, 1906
90} June 8,1906
4.11
81}.
1937 M A S * .- . 3.91
do gtd 3}s Col tst rg cts ser A ......................
83 May 22,1907
84 May 27,1907
92} Jan. 18,1906
4.50
88}
85}
4. 23
1941*F A A ----do gtd 3}s Col tr certs ser B .........................
93 Oct. 21,1907
Feb. 19,1906
93 Oct. 21,1907
4.69
92} .
3.84
1916 M A N *
do Trust Co certs gtd g 3}s............................
89 Oct. 22,1906
89 Oct. 22,1906
89}
89 Oct. 22,1906
4.20
3.96
84},
1942 J A D..
do gtd g 3}s trst ctfs ser C ..............................
90} Mar. 20,1906
90} Mar. 20,1006
93 Jan. 30,1906
4.05
1944 J A D * .... 3.92
do gtd g 3}s trst ctfs ser D .............................
84 Nov. 20,1907
93} Feb. 14,1908
97} Jan. 16,1907
4.56
*04
}
4.35
1906*A A O
do 4% 15-25 yr gtd Gold loan of....................




1908.

CONGRESSIONAL RECORD— SENATE.

2463

February 20,1908—Income values and quotation record o f active railroad and industrial corporation bonds, etc.—

Cn ud
o tin e .

Jan. 1, 1906, to date.

Title of bond, rate.

'I ’enn R R Co 1st real estate g 4s.
°do con g 5s.
°do do registered................................
°do con g 4 s .............................................
do ten-year conv 3?s.............................
do ten-year conv g 3?s.........................
do registered..........................................
Pens & Atlantic 1st gtd g 6s.......................
Peoria & Eastern 1st con 4s........................
do income 4 s.. ......................................
Peoria & Pelcin Union 1st g 6s....................
do
2d g 4?s..........................................
PhiJa Baito & Wash 1st g 4s.....................
do
registered......................................
Philadelphia & Reading con 6s.................
do registered..........................................
do 7s........................................................
do
do registered..............................
Pino Creek registered gtd 6s........................
P C C & St L con gtd g 4?s ser A ...............
do series B gtd......................................
do series C gtd......................................
do series D gtd 4s.................................
do series E gtd g 3?s...........................
do series F con gtd g 4s......................
Pitts Cleveland & Toledo 1st g 6s..............
'Pitts Fort Wayne & Chic 1st 7s...............
do
2d 7s...............................................
do
3d 7s registered............................
Pittsburg Junction 1st g 6s.........................
Pitts Junction & Mid div 1st g 3Js............
do registered..........................................
Pitts & L E 2nd g 5s series A & B .............
Pitts L E & West Va System ref g 4s----Pitts McKeesport & Y 1st gtd Cs..............
do 2d gtd 6s......................................... 1
Pitts Shenango & L Erie 1st g 5s..............
do
1st con g 5s................................
'Pitts Va & Chari Ry 1st gtd g 4s.............
Pittsburg & West 1st g 4s...........................
Pitts Ygstn & Ash 1st con 5s......................
Providence & Springfield 1st 5s..................
Providence Terminal Co 1st 4s...................
do registered..........................................
Reading Co geng 4s......................................
do registered.........................................
do Jersey Centl collat g 4s..................
do
do registered........................
“Rensr & Saratoga 1st 7s.............................
Richmond & Danville con g 6s...................
do deben 5s stamped...........................
Richmd & Mecklenburg 1st g 4s.................
Rio Grande Junction 1st gtd g 5s..............
Rio Grande Southn R R Co 1st mtg 4s. . .
do
do guaranteed...................
Rio Grande Western 1st g 4s......................
do mtge & col tr g 4s ser A ................
'Rochester & P ttsburg 1st g 6s................
°do con 1st g 6s........................................
'Rome W & Og con 1st ext 5s cou bd cur.
'Rome W & 0 Ter R 1st gtd g 5s...............
Rutd Canadian 1st gtd g 4s........................
Rutland R R 1st con g 4Js..........................
Saginaw Tusc & Hur 1st gtd g 4s..............
St Jos & Grand Island lstg 4 s . . . . ...........
St Lawr & Adirondack Ry 1st g 5s...........
do 2d g 6s............................................... .
St Louis & Cairo col g 4s.............................
St Louis A Cairo gtd g 4s............................
St L I Mt & S gencn ry & gt i g 5s..........
do gen con stamped gtd g 5s.............
do unifying & refunding g 4s.............
do
do registered.......................... .
do Riv & Gulf divs 1st g 4s.................
St L Kan C & _N .St Chs B 1st g -6s.
-- ---------------.
.
St L Memp & So’eastem gtd g 41s
St L Merchts Bge Ter gtd g 5s.
St L & San Fr Ry gen g 6s..........
do geng5s.............................
St L & San Fr R It con g 4s........
do Southwestern div g 5s. . .
do
refunding g 4s..............
do
do registered..........
do five-year 4?s gold notes..
St Louis Southern 1st gtd g 4s..
St L Southwn 1st g 4s M s certfs
do 2d g 4s inc bds certfs____
do con g 4s............................. .
St Paul & Duluth 1st 5s...............
do 2d 5s..................................
do 1st con g 4s......................
°St Paul Minn & Manitoba 2d 6s.
°do 1st con g 6s...................... .
do
do registered.............
°do g 6s reduced to 4?s...........
do
do registered.............
°do Dakota extension g 6 s ...
do Montana exten 1st g 4s. .
do
do registered.............
do Pacific Ext sterl’g gtd 4s....................................
St Paul & N Pac gen g 6s........................................................
do registered ctfs............................................................. I




In­
Interest dates,
come. Yield.
maturity.*

1923*M & N ..
1919M & S * ..
. . . . Q M ........
1943+M & N ...
1912 M & N *..
1915*J & D ....
. . . . J & D ....
1921 F & A * ..
1940*A & 0 . . .
1990 A .............
1921 Q F *.......
1921 M & N ...
1943 M & N * ...
. . . . M & N ___
1911*J & D ....
. . . . J & D ....
1911*J & D___
___ J & D—
1932 J & D A 1940 A & 0 * . . .
1942*A & 0 . .
1942 M & N*.
1945 M & N*.
1949*F & A ----1953 J & D*—
1922 A & 0 * . . .
1912 J & J * —
1912 J & J * . . . .
1012*A & 0 . . . .
1922 J & J * .. . .
1925 M & N * ...
___Q Feb.........
1928 A & O . . . .
1941 M & N * ...
1932 J & J * . . . .
1934 J & J * ___
1940 A & 0 * . . .
1943 J & J * - . .
1943 M & N .. ..
1917 J & J * ... .
1927 M & N * ...
1922 J & J * ... .
1956*M & S......
___ *M & S.......
1997*J & J ........
___ * J & J ........
1951*A & 0 . . . .

_ A &0....
_

Quo­
ta­
tion.

Date.

3.85
4.81

3.65
4.56

106| June 19,1906

3.99
3.79
3.94
3.87
5.45
4.52

3.99
5.28
5.32
4.93
4.99
4.69

101

105

Nov. 12,1907

Dec.
I05f Jan.
101 Jan.
971 Oct.
113 Jan.
101 Feb.
Jan.

24,1907
22,1906
17,1906
13,1906
28,1908
8,1906
20,1906

Last sale.

Quo­
ta­
tion.

Quo­
ta­
tion,

Date.

Date.

101
105

Mar. 4,1907
Nov. 12,1907

105
105

Jan. 31,1908
Nov. 12,1907

101
87
83?
91
112
81
37

Dec.
Nov.
Oct.
July
Jan.
Dec.
Nov.

101

Dec. 24,1907
Feb. 19,1908
— d o ___
July 12,1907
Jan. 28,1908
Jan. 30,1908
Feb. 19,1908
Jan. 18,1905
Dec. 5,1905
Oet. 10,1906
Dec. 4,1906
Mar. 5,1806

24,1907
15,1907
25,1907
12,1907
10,1907
24,1907
27,1907

93?
89]
91
113
90
50
123]

100-:
3.79
3.83
5.47

3.72
3.77
4.12

1101 Feb. 24,1906
1041 Dec. 4,1906
no? Mar. 5,1900

107? Oet. 10,1906
104? Dec. 4,1906
110? Mar. 5,1906

107?
104?
1101

6.18

3.43

115? Mar. 22,1906

115? Mar. 22,1906
107 Nov. 26,1907
107 Nov. 13,1907
106J June 26,1907

115?
118
107
108
107?
112?

5.77
4.23
4.26

5.69
4.13
4.18

107 Nov. 26,1907
112? Feb. 2,1906
112? Jan. 12,1906

4.03
3.86

4 04
3.95

100J Mar.

6.06

3.59

Jan.

119

Jan.
Aug.

7,1907
2,1906

June 18,1906

117? Feb.

4,1907
3,1906

2,1906

4.3?

5.23

Jan. 10,1906

Dec. 23,1907

4.67
4. 48

4 48
4 63

1071 Nov. 12,1906
99? Jan. 16,1906

107? Nov. 12,1906
83 Nov. 25,1907

4.71

463

120

Jan. 30,1906

107? Dec. 28,1907

4.59

5.20

100

Jan. 18,1906

88? Oet. 14,1907

22.1906
7,1905
26.1907
27.1908
J u l y 19.1907
June 12,1905
1003 Mar. 7,1907
91 Feb. 13.1907
119?
127|
119
119
120
80?

1921*M & N - 1915*J & J ........
1927*A & 0 . . . .
1948 M & N*
1939 J & D *.. . . 5.20
1940 J & J*
1940
.....................
4 47
1939 J & J * ... .
1949*A & 0 ___
5.42
1921*F & A ___
5.38
5.11
1922 J & D*.
1922 A & O . . . . 463
1918*M & N.
471
1949*J & J 1941 J & J*.
1931 F & A*
4.72
1947*J & J —
1990 J & J * .... 4.10
1996 A & 0 * . . . 488
1930 Q F.........
412
1931*J & J . . . .
193l*A & 0 . . .
481
4 62
1931*A & 0 . . .
5.26
1929 J& J * ...
. . . . J & J ....
1933*M & N —
488
6.06
190S*A & 0 . . . .
1909 J & D
1930 A & 0 * . . .
4 56
1931 J & J * ... . 5.31
1931 J & J * ... . 4.88
446
1990 J & J * ... .
1947 A & 0*
5.44
1951 J & J*.
. . . . J & J..
4.70
1908 J & D *... .
1931 M & S*....
410
4.55
1989 M & N*.
1989 J & J . .
6.11
6. 45
1932*1 & D. ..
4.36
1931 F & A*.
1917 A & 0 * ... 5.01
4.12
1968AJ & D
1909 A & O * ... 6.02
1933 J & J * . . . . 4 71
. . . . J & J * ... . 4 57
4 31
1933 J & J * . - .
.... J & J * --.
1910 M & N * ... 6.02
4.09
1937*J & D .......
4.03
,...* J & D.......
1940 J & J
5.19
1Q23*F & A ----___ Q F

429
4 48
4 36
4 20
4.41
483
5.04

102? Jan.
10 1

?

Jan.

9,1906
6,1906

lOlf Mar. 17,1906
96'
1331
116"
114?

Nov.
Dec.
May
Feb.

27,1906
21,1900
17,1906
13,1906

?

Oct.
Feb.
Oct.
961 Nov.
128? Feb.
107 Jan.
99? Oct.
86

90
85

23,1907
17,1908
26,1907
27,1906
15,1908
7,1908
10,1907

Mar.
Jan.
Nov.
Jan.

Bid. Asked.

93?
89J

92?

89?
87
45
103

55
‘ *97

* io 2 ? .

*118?.
107 .
106? *109?

102
"8 5 ? .

Mar. 7,1904
Oct. 21,1902
J u n e 1 8 ,1 9 0 6

Apr. 11,1904
Oct. 11,1901
Dee. 23,1907

107? Nov. 12,1906
90? Feb. 13,1908
139 Jan. 21,1903

*99

100?
90?
*115?
*110

107? Dec. 28,1907
98 July 14,1897

88? Oct. 14,1907
116

428
4 47
4 30
417
5.54
5.62
5.04

Feb. 19, 1908.

Lowest.

Highest.

93?

May 24,1905

94
90
94:
96:
128?
107

94
19.1908
17,1608
18.1908
90
27.1906
15.1908
125
7.1908
10.1907
18.1905
8.1908
20.1905
4,1905
11.1908
29.1908
72
7.1908 *114||.
June 19.1907 *110?.
Feb. 14.1908
109? .
Feb.
Feb.
Feb.
Nov.
Feb.
Jan.
Oct.
Feb.
Feb.
Dec.
Jan.
Feb..
Jan.
Jan.

5.25

98? Dec. 23,1907

97

Feb.

8,1908

4.64
5.64
4 85
4 38
424

100 Jan. 26,1906

92
124
128?
118

Jan. 20,1906
Apr. 26,1906
Feb. 23,1906
Mar. 3,1906

81
75
114
118

102?

Nov.
Jan.
Jan.
June
Dec.

20,1907
29,1908
7,1908
19,1907
3,1907

4.84

95

Feb. 26,1907

85

Jan.

8,1908

85 Jan. 8,1908
106? Oct. 24,1905

4.88
4.08
487

94? Jan. 25,1906
122 Jan. 18,1906
125 Feb. 3,1908

82

122
125

June 24,1907
Jan. 18,1900
Feb. 3,1908

Jan. 28,1908
Jan. 18,1900
Feb. 3,1908

420
4 71
4 43
6.03

98?
117?
109?
93?

92?
100
109?
70

Aug.
Nov.
June
Nov.

94?
95

5.32
7.05
111
128?
113?
93

6.01

88

6.00
7.40
4 03
5.02
4.13
6.14
4.22
4 06
4 21

Juno
Nov.
Jan.
Nov.

22,1906
28,1906
26,1906
7,1906

Feb.

80

100

15,1906
21,1907
13,1907
19,1907

Dec. 10,1907
Apr. 23,1907

110? Nov. 30,1906
110 Nov. 4,1907
99? Nov. 18,1907
90 Jan. 20,190S

125

5,1906

95? Jan. 29,1900
97 Mar. 20,1907
80 Nov. 20,1907
60 Nov. 20,1907
54? Nov. 23,1907
100 Oct. 15,1907
106? May 7,1907
98] Sept. 5,1906
101 Dec. 13,1907
119 Nov. 22,1907

100 Nov. 13,1907
93? Dec. 12,1907
100? Oet. 3,1906

Apr.

116?

Aug.
Feb.
June
Feb.
Apr.
Feb.
May

15,1900
19,1908
13,1907
19,1908
23,1904
10,1908
28,1907

Ill
113*
'
103?
90
102

Nov.
Feb.
Feb.
Jan.
Apr.
Feb.

31,1906
6,1908
19,1908

98
97
89

Nov. 30,1906
Mar. 26,1907
Feb. 10,1908
Fob. 15,1908
— do...........
Oct. 15,1907
May 7,1907
Oct. 20,1906
Dec. 13,1907
Feb. 11,1908
Dec. 17,1906
Feb. 7,1908
Apr. 15,1901
Nov. 13,1907
Feb. 10,1908
Oct. 3,1906

92?
106
109?
74
87
83
100

?

66 ? Nov. 25,1907

Nov. 30,1906
Mar. 26,1907
Jan. 23,1906
June 7,1900
Jan. 8,1906
July 18,1907
Feb. 27,1906
Jan. 10,1906
Mar. 27,1906
Jan. 31,1906
Dec. 17,1906
Jan, 27,1900
Mar. 10,1906
Jan. 18,1906
Oct. 3,1906

97
99?
89
82
117?
110
100?
1094
137?
134
112?

6.09
4.13
4.05
462

5,1906
20,1906
13,1907
28,1906

Feb. 28,1906
Jan. 8,1907

4 31
5.04
4 82
4 47

6.82
416
4.56

June
Jan.
June
May

3,1906

134

D ec.

102

Dec. 17,1907

1 7 ,1 9 0 6

Sept. 26,1907

66
63
100
106?

98i

101'
128
134
105

110?
100
98,

100?

*76

72
*107
74

75?

83

*84?

1015.
*114?.
105?

20,1908
7,1905
19,1908

116? Sept. 26,1907
132 July 28,1899

‘ **70*
*95

*166’

'*65?
*"63*
"98*
103?
126
104|

’i04’
90?.
115

*106?




F ebruary 2 5 ,

CONGRESSIONAL RECORD— SENATE.

2464

February 20,1008-Income values and quotation record of active railroad and industrial corporation bonds, ^.-C ontinued.
Last sale.

Jan. 1, 1906, to date.

Title of bond, rate.

In­ Yield.
Interest dates,
come.
maturity.*
Quo­
ta­
tion.

5.19
1919*A A 0 . . .
°St Paul A Sioux City 1st g 6s..................
1943*J & J ------- 5.03
San A & Aran Pass 1st gtd g 4s. . . .........
1919*1 & J -San Fran & Nor Pac. 1st sk fd g 5s..........
1942 M & S * ... 4.91
Santa Fe Pres & Phoenix Ry 1st g 5s. . .
4.58
1934*A & 0 . . .
Savannah Florida & Westn 1st g 6s........
1934*A & O .. .
do 1st g 5s...........................................
4.36
1989 M & N *..
Scioto Val A N E 1st gtd g 4s...................
8.80
1950*A & 0 . . .
Seaboard Air Line Ry g 4s........................
_ *A & O ...
_
do registered.......................................
5.61
1911*M & N ...
do coll tr refdg g 5s............................
4.75
1926 J & J * --.
Seaboard & Roanoke 1st 5s.......................
do
do Coupon off..........................
4,81
1943 J & D* . . .
Sber Shreve & So 1st gtd g 5s. „ ...............
1918 J & J*----- 4.27
Sil Spgs Oc & G R R & Id ggtd g 4 s .. ..
1924 J & J*----Sodus Bay & Southern 1st g 5s................
1949 J & D ----- .4.82
So Pac Co g 4s (Cent Pac collat).............
4.76
.... J & D . . . .
do
do registered.......................... .
4.42
1910*J A D ----do two-five yrs coll trust 4s........... ■
1909 J & J ........ 6.10
So Pac of Ariz gtd 1 st g 6s..............; -----1910 J & J ........ 6.06
do
do.............. ...............................
1912 A A O * ... 5. 61
So Pac of Cal 1st g 6s ser E A F .............
1912*A & O ...
do
do
do................................
1937 M & N * ... 4.31
do 1st gtd g 5s........ ..........
1955*J & J ........ 4.57
Southn Pac RR Co 1st ref mge gtd sf 4s
1994 J & J * - ..- 5.79
Southern Railway 1st con g 5s...............
. . . . J & J * ... . 4.46
do registered.....................................
1996*J & J ........ 5.01
do Memphis div 1st g 4$s-5s......... . . . . J & J ........
do
do registered............. ..............
1951 J & J*----- 5.43
do St Louis div 1st g 4s..................
. . . J & J * ... .
do
do registered............................
5.24
1919*M A N —
South Carolina & Ga 1st g 5 s ................
1936 F A A * ... 4.56
So & Nth Ala con gtd g 5s....... ...............
1937 J & J * ... .
South Pac Coast 1st gtd g 4s..................
1911*J & J ........ 5.84
South Pac of New Mex 1st g 6s. . . . . —
1939 J & J * ... .
Spokane Falls & North 1st g 6s..............
1943*J & D.......
Staten Island Ry N Y 1st gtd g 4}s----1936 J & J * ....
° Sunbury & Lewiston 1st g 4 s ..............
4.20
1939 A & O * ...
Terminal Asn of St L 1st g 4$s...............
do 1st con g 5s.......... ..............................................1894- 1944 F & A * ... 4.52
4.04
1953*J & J ..
dO gen refunding skg id g 4s.........................................
do
do registered.......................................................... . . . . J & J ..
1912 M A S * ... 5.74
Texas A New Orlns Sabine div 1st g 6s................................
5.24
do con g ............................................................................ 1943 J A J*
Tex & Ok 40-year 1st gtd g 5s................................................ 1943 M A S * ... 5.01
4.55
2000*J A D .,
Texas A Pacific Railway 1st g 5s...........................................
5.56
do 2d g income 5s............................................................. 2000 M ch ...
4.55
1931 J A J ,.
do Louisiana div B L 1st g 5s......................................
Toledo & Ohio Central 1st g 5s.............................................. 1935 J A J * . . . . 4.83
1935 A A O *..
do Western div 1st g 5s..................................................
5.25
do gen g 5s— ................................................................. 1935*J A D ....
4.99
Toledo Peoria A Western 1st g 4s........ ................................ 1917 J A J * ...
4. 31
1925 J A J*----Toledo St L & W prior lien g 3$s...........................................
do registered.................................................................... . . . . J A J * ... . 4.18
1950*A A O . . . . 5.84
do fifty year g 4 s ..............................................................
do
do registered.................................- - - - - ............. . . . . A A O . . . .
Tol Walhonding Vy & O 1st gtd bnds 4$s sene3 A ........... 1931 J A J ........ 4.39
do 4$s series B ......................................... *........ ............. 1933 J A J ........
do 4s series ...................................................................... 1942 M A S . . . .
Toronto Hamilton & Buffalo 1st g 4s.................................. 1946 J A D ----- 4.22
Ulster & Delaware 1st con g 5s.............................................. 192S*J A D ----- 4.81
do 1st ref g 4s.............. ........................................ - .......... 1952 A A 0 * . . . 4. 40
Union Pacific 1st R R & Id gt g 4s....................................... 1947 J A J * ... . 4.05
do registered.................................................................... . . . J A J * ........ 4.01
do 20-year Conv 4s............... .......................................... 1927 J A J * ... . 4.72
• do
do registered................................-...................... . . . . . J A J * . . . .
°Unlted N J R R & Can Co gen 4s........................................ 1944*M A S . . . .
Utah Central 1st gtd g ......................................................... . 1917 A A 0 ----1908 J A J * . . . . 7.17
U.tah & Northern 1st 7s......... ....................... - ......................
1926 J A J * . . . . 4.75
do g 5 s.............................................................................
1922 J A J * ... . 3.93
°Utica & Black River gtd g 4s.............................................
Vandalia R R con g 4s.................................,......................— 1955*F A A . . . . 4.28
. . . . F A A ----do registered....................................................................
Vera Cruz A Pacific 1st gtd g 4$s. . . . . . . . . - • 1934 J A J * . . . . 4.64
do
1st mtg gtd bonds of scaled mt to 1910
1934 J A J . . .
Speyer A Co’s coupon........................................................
4.67
1926+M A S . .
Verdigris Val Ind & W 1st g 5s...........................................
5.65
1911 M A S ..
Virginia Midi serial mtg B 6s
.... M A S ..
do
small.
do
do
1916*M A S . ,
ser C 6s...........
do
do
. . . . M A S ..
do
small.
do
do
4.67
1921*M A S . .
ser D 4-5s----do
do
. . . . M A S ..
do
small.
do
do
1926*M & S ...J
ser E 5s..........
do
do
.... M A S ....
do
small.
do
do
1931 M A S . . . .
ser F 5s..........
do
do
1936*M A N ----- 4.96
do gen ........................................
1936*M A N ...'. 4.67
do guaran teed stmpd
do
2003*J A J........ 5:06
Virginia A Southwestern 1st gtd 5s.
4.73
1939+M A N . . . .
Wabash Railroad Co 1st g 5s...........
1939*F A A ----- 5.72
do 2d g5s....................................
6.90
1939 J A J * . . . .
do debenture series A 6s..........
1939*J A J * ... . 13.17
do
B Gs.
do
5.01
1921*M A S.,
do 1st lien equipment s fd g 5s.
4.35
1954*J A J ..
do 1st lien fifty yr g term 4s.
. . . . J A J ..
do registered.
do
1956 J A J .*
do 1st ref A ext 50-yr 4 % -----do registered.................
do
1941 J A J * -.
do Det A Chic Exten 1st g 5s.
1939*J A J . . .
do Dos Moines div 1st g 4s. . .
4.45
1941 A A O*.
do Omaha div 1st g 3$s..........
4.21
1941*M & S - •
do Tol A Chic div 1st g 3s___

Quo­
Date.

4.28
5.29

1241 Feb. 14,1906
90 Jan. 25,1906

4.90
4.09

Jan. 16,1906
Jan. 30,1906

Quo­
ta­
tion.

no
70

ta­

Date.

Oct. 11,1907
Oct. 29,1907

102

Aug. 6,1907
132$ Jan. 30,1906

4.37

103
92

Apr. 7,1906
Jan. 17,1906

Dec. 31,1907
Feb. 4,1908

8.75
4.58

104* Oct. 29,1906
110 May 22,1906

4. 77
4.72

1081 Apr.
99* Apr.

4.98
4.76
8.40
7.72
6.32
4.55

95$
92
97l
106$
107
1132

4-07
4,59
5.80
4.45
5.01

119 Jan.
97$ June
119$ Feb.
117$| Jan.
11&$! June

3.1906
5.1906

Feb. 9,1906
Apr. 4,1906
May 1,1906.
Dec. 14,1906
Apr. 28,1906
Feb. 15,1906
3,1906
26,1906
15,1906
25,1906
8,1906

104
94

Mar. 12,1907
July 16,1907

70
84
91$
98."
100'
107

Oct.
June
Feb.
Jan.
Nov.
Apr.

116
82
85
114
100

May
Nov.
Jan.
Nov.
Jan.

99J Jan. 24,1906
i

Date.

117$ Jan. 27,1908
116
80 Feb. 17,1908
no Oct. 4,1905
102 Sept. 25,1907
132 Jan. 30,1906
110}
112 Jan. 26,1901 *100
93 Feb. 14,1908
47 ....... do............ *45

105
94

29,1907
1,1907
18,1908
3,1908
29,1907
2,1907

2.1907
16.1907
20,1903
17.1908
1.1907
18.1908
3.1908
2.1907
2.1907

2,1907
23,1907
24,1908
20,1906
29,1907

116
89}
87
114
100

May
Feb.
Feb.
Nov.
Jan.

2,1907
18,1908
19,1908
20.1906
29,1908

74

108$ Feb’

5.24

105$ May 16,1906

103$ Jan.

4.10
4.42
4.05

112 Jan. 16,1906
120$ Feb. 5,1906
100$ Feb. 26,1906

108$ Jan. 28,1907
97 Nov. 30,1907
86 Dec. 4,1907

108$ Jan. 29,1907
11 0 $ Feb. 0,1908
99$ Jan. 30,1908

5.05
5.28
5.01
4.54
5.56
4.33
4.76

111$ Jan.
110
109$
124
102
110
115$

Apr.
Feb.
May
Jan.
Feb.
Feb.

6,1906
10,1906
13,1906
17,1906
9,1906
23,1906
9,1906

107$
95$
100$
104$
85
108$

5.33
6.90
5.17
4.86

6.10

109
93$
90
85
84$

May
Apr.
Jan.
May
Jan.

25,1906
24,1906
13,1906
13,1907
24,1906

107$ Feb.
96 Feb.
100$ Oct.
111
Feb.
92 Nov.
no Mar.
103$ Jan.
115 Oct.
96 Jan.
80$ Feb.
81$ Jan.
85 May
70 Feb.

4.33

103

Aug. 8,1907

4.27
4.68
4.47
4.06
4.01
5.28

95
113j
94.
106$
106!
87;

Dec.
Feb.
Aug.
Jan.
Jan.
Jan.

May

5,i906
4,1907

31,1909
19,1905
13,1906
9,1906
17,1906
18,1908

95 Nov. 13,1907
110$ Apr. 25,1907
7,1907

Feb.
Jan.
Oct.
Dec.
July
Mar.
Nov.

27,1907
28,1908
2,1907
3,1907
24,1906
0,1906
25,1907

95
76$
75
85
55

Dec.
Jan.
Nov.
May
Nov.

6,1907
7,1908
22.1907
13,1907
26,1907

97

Aug. 5,1907

95

31,1900
10,1907
8,1908
30,1907
22,1907
24,1907

100

Dec.
Oct.
93 Jan.
92$ Oct.
93 Nov.
78$ Oct.

102

Dec. 10,1907
May 4,1907
104
117
100

4.70

105$! Jan.
110 June
104 July
105 Jan.
98

16,1906
27,1906
24,1906
16,1906

Sept. 13,1906

100 Oct. 22,1907
105$ July 3,1907
103 Oct. 17,1907
102$ Feb 1,1906
98

27.1907
6,1908
2.1907
18.1908
8,1906
29.1906
9.1908
28,1905
16.1908
10.1908
24.1908
13.1907
11.1908

103

Aug. 8,1907

95
105
93
99$
100}
85}

Dec.
Jan.
Sept.
Feb.
Feb.
Feb.

31,1906
31,1908
27,1906
19,1903
6,1908
19,1908

97 Jan. 3,1902
Oct. 22,1907
10,5$ July 3,1907
103 Oct. 17,1907
102$ Feb. 1,1906
100

Sept. 13,1906

107$ Apr. 13,1906
109 June 15,1906

4.33

108$ Dec. 12,1906

107

123
Nov. 12,1906

5.02
4.41

4.85

mg: Nov. 2 1 ,1906

4.77
4.28

85$ May 1,1906
96$l June 25,1907

60$ May

103
107
99
99{

Oct.
May
Jan.
Nov.
Feb.
Jan.
40' Nov.
100 Sept
93 Mar.

1

9,1907

12,1907
1,1907
7,1908
7,1907
10,1908
9,1906
21,1907
10,1906
9,1006

Nov. 4,1907
104

$

89}

881
100
"7 5

*95$
*102

'*07$

101
1065
90

*

105$
101$
95$
80
83$

111$

83
87$

100$

*101
99$
98
84$

*105
100
85$

100
*91
* 100$ ..............

•08$
96$

*100

Sept. 20,1907
Feb. 13,1907
July 20,1906

Feb. 28,1902 I.........

io D e c :' 1 2 ; W0 6 'j
sij
113

Jan. 16,1906
Jan. 25,1906
Nov. 2,1906
Jan. 30,1906
....d o .........
June 7,1906
86$ June 8,1906
102 Mar. 27,1907
93 Mar. 9,1906

88

87

107$ Apr. 13,1906
109 June 15,1906

107$ Apr. 13,1906
109 June 15,1906

114$
114$i
114$:
116$
109

99
99}
104

Sept. 13,1906

4.45
5.80

4.95
4.56
5.06
4.66
5.89
7.03

*103$

Mar. 9,1907
July 25,1900
Nov. 22,1904

1 0 Sept. 28,1904
1 -V
4.57
3.84
4.32

48$

*80

Jan. 31,1908

5.54
4.40

111

*118$
*82

Dec. 27,1907
Mar. 1,1907
Aug.
July
102 Jan.
84 Feb.
84 June
91$ Feb.
98$ Jan.
101$ Dec.
107 Apr.

Jan. 13,1908

Bid. Asked.

tion.

Dec. 27,1907
Mar. 1,1907

5.65

Feb. 19,1908.

Lowest.

Highest.

Dec. 20,1905

115} Nov. 2,1905
103 | Oct. 12,1907
107 i May 1,1907
99 I Jan 7,1908
107 Feb. 18,1908
87$!. — do...........
90'! June 27,1907
40 I Feb. 19,1908
102 ! Feb. 6,1908
93 Mar. 24,1906
38 ; Feb. 19,1908 '
104 ; Oct.
97 | Nov.
80$j Feb.
96$1 June

22,1907
16,1904
15,1907
25,1907

100
107
91

38$

39$

1908,

CONGRESSIONAL RECORD— SENATE

2465

February SO 1908— Income values and quotation record o f active railroad and industrial corporation bonds, efc.—Continued.
,
Jan. 1,1900, to date.
Title of bond, rate.

Wabash-Pitts Terml Ry 1st g 4s..................
do 2d g 4s..........................................
Warm Springs Valley 1st g 5s..................
Warren ltd 1st rfdg gtd g 3*s................................
Washington Conti Ry 1st g 4s................
>v ash Ohio A W n 1st cy gtd 4s..................
Washiiigton Terminal 1st gtd 31s.................................
„ do registered....................................
Weathrfd M W & N\v Ity 1st gtd 5s................................
Western Maryland 1st g 4s...............................................
Westn Maryland gon lien & cnv g 4s............
Western N Y A Penn 1st g 5s............................
do gen g 4s.....................
do me 5s..................................
Westn North Car 1st con g 6s.................
West Shore 1st 4s gtd.....................
do registered...........................................
w est Va Cent & Pitts 1st g 6s.....................................
Wheeling A Lake Erie Ry 1st g 5 s ...........
do Wheeling div 1st g 5s.“. ...............................
do extension & imp g 5 s .................
Wheel & L Erie R R 1st con g 4s..........
do 20-year equip s fd g 5s..................
w ilkesb & "Eastern 1st gtd g 5s.........................
Wilmar & Sioux Falls 1st g 5s.....................................
do registered............. 7.........................................
W inchester Ave R R Co 1st 5s............................................
W iscon Cen Ry 50-year 1st gen g 4s...................................
Wor & Conn Eastn Ry 1st 4*s............................................

In­
Interest dates,
Yield.
come.
maturity.*

1954*1 A D ___
10 4*1 A T
,-)
- >
1941*M & S _
2000 F A A*
1948 Q M ch*...
1924*F & A . . . .
1945 F & A . . . .
1945 F & A
1930 F & A* .
1952 A & O * ...
1952 A & O*
1937*J & J ........
1943*A & O . . . .
1943 Nov
1914 J & J * . . . .
23fil*T A .T
1911 J & J * . . . .
1926 A A O * .. .
1928 J & J * .. . .
1930*F & A ___
1949 M & S *. . .
1922*J & J ........
1942*J & D. .
1938*J A ])
. . . J & D .......
1912 M & N * ...
1949 J & J * ... .
1943*J & J ........

Highest.
Quo­
ta­
tion.

Date.

Last sale.

Quo­
ta­
tion.

Date.

90* Feb. 1,1906
41* Jan. 20,1906

9.52

4.35
4.24
4.00

4.53
4.49
4.24

7.02

7.12

4.52
4.62

4.36
4.81

5.71
3.98
4.00
5.66
4.75
4.63

Feb. 19,1908.

Lowest.

42* Feb. 18,1908
10 Feb. 10,1908

93 May 9,1906
96* Jan. 19,1907
87* July 19,1907

91 May 1,1900
94* Oct. 19,1906
87 July 17,1907

5.09
3.98
4.00
4.35
4.57
4.42

88*
76*
118
97j
34
114*
109
107*
109
114
112*

Jan.
Feb.
Mar.
Jan.
Feb.
June
Jan.
Jan.
June
Jan.
Feb.

24,1906
2,1906
■2,1906
■
30,1906
1,1907
22,1906
26.1906
4,1906
13,1906
3,1906
9,1906

57*
39;J
108*
87*
30
106*
94
92*
106*
103
110

Feb.
Feb.
Jan.
Jan.
Jan.
Sept.
Nov.
NOV.
Aug.
Jan.
Dec.

5.80
5.10
5.00
4.35

6.05
5.19
4.99
4.11

93*
98*
113
115*

Jan. 22,1906
Jan. 2,1908
Apr. 12,1906
Dec. 31,1906

71
98*
101
H5*

Dec. i6,1907
Jan. 2,1908
Feb. 5,1908
Dec. 31,1906

4.85

5.02

95

Jan. 12,1906

72* Nov. 22,1907

1.92
1.92

1.78
1.78

109 Nov. 8,1907
106* Mar. 12,1907

2/96
2.97

2.86
2.88

2.99
3.30
3.31
1.90

3.14

18,1908
13,1908
13,1908
22,1908
19,1906
26,1907
23,1907
22,1907
1,1906
27,1908
6,1906

Quo­
ta­
tion.

Date.

Bid. Asked.

42?
10*
113*
102
93
96*
87}

Feb.
Feb
Feb.
Feb.
May
Jan.
July

106*
571
39J
111
87=
34
106*
101

Nov. 7,1904
Feb. 18,1908
57
60
Fob. 13,1908
639
Jan. 31,1908
109*
Jan. 29,1908
Feb. 1,1907
Sept. 26,1907
Feb. 17,1908 *100
1001
*100*
*103
Aug. 1,1906
Jan 31,1908
*103
Dee. 6,1906
Aug. 25,1905
Feb. 13,1908
71*
m
Jan. 2,1908
IC *
O
Feb. 5,1908
Dec. 31,1906 *109
Apr. 24,1896

100.1
106*
107
110
111*
71
98*
101
115*
115

18,1908
19,1908
17,1905
2,1903
9,1906
19,1907
19,1907

43
10

44
11

78*
82
78

90*

Feb. i8,1908

82

82?

103* Jan. 11,1906
103 Jan. 15,1906

104 Feb. 11,1908
104* Jan. 20,1908

104
104

104*

1031 Apr. 4,1906
1041 Mar. 26,1906

101 Nov. 20,1907
100* Nov. 26,1907

101* Feb.
101 Feb.

4,1908
8,1908

100=
100*

101*
101*

2.97
2.61
2.49
1.78

104*
131*
132*
105*

Mar. 28,1906
Aug. 31,1906
Apr. 4,1906
Oct. 9,1906

102
118*
119
105*

102
119
121
105*

Dec. 10,1907
Feb. 10,1908
Fob. 17,1908
Oct. 9,1906

100*
118*
120
103

2.54

118

June 12,1906

117* June 14,1906

117* June 14,1906

...........
3.64
3.43
111 May 8,1906
3.71
3.55 ' 108* Feb. 26,1906

109* Jan. 30,1906
1082 Feb. 26,1906

111 May 8,1900
108| Feb. 26,1906

83* Oct. 25,1907
83* Jan. 18,1908
75 Oct. 28,1907

86 Feb. 19,1908
85* Feb. 18,1908
78
.do...........

86
85
77*

80*
85*
78*

103* Feb. 18,1908
98 Nov. 6,1907
99* Feb. 14,1908
93*

103

*103*

83

U. S. GOVERNMENT SECURITIES.
United States con 2s registered.....................
do con 2s coupon.....................................
do con 2s regisd small bonds...................
do con 2s coupon small bonds........................
do 3s registered.'.................................................... 1908^
do coupon................................................................ 1908do 3s registd small bonds.......................................190S
do 3s coupon small bonds..................................... 1908do 4s regfstered........................................
do 4s coupon....................................................
do Pan Canal 10-30 yr 2s regstd.................................
do
do coupon................. 7........................
do
do registered small........................................
do
do coupon small.................................................
District of Columbia 3-65s..............................
do small bonds........................................
do registered..,.......................................................
Philippine Islands land pur 4s. .1914— .................................
do pul> works A imp reg 4s...........................................
1
Philippine Is 4% Public W orks and Imp Ten-Thirty-yr
Iteg Bonds...........................................................................

1930 Q .Tan
1930 Q .Tan
1930 Q Jan.......
1930 Q Jan.......
1918 Q F .
1918 Q F
1918 Q F ...........
1918 Q F ...........
1996 Q F*
1925 Q F*.........
193C Q F ...........
1936 Q F ...........
1930 Q F ...........
1930 Q F ...........
1924 F & A . . . .
1934 Q F*.........
1935 Q M c h ....

Dec.
Jan.
Nov.
Oct.

10,1907
10,1908
4,1907
9,1906

120

.........

1936 Q F e b .. . .

FOREIGN GOVERNMENT SECURITIES.
Frankfort-on-the-Mhin, Germany, loan 3*s series 1 ..........

1901 M A S . .. .
1925*F A A 15..
. . . . J & I 10*..
Imperial Jap Gov 4s sterling loan cou bearer bonds......... 1931 J & J ........
Imper Russian Gov State 4% Rente.................................... . . . . M A S ___
Quebec 5s................................................................................... 1908 M A N ___
Republic of Cuba g 5s extern debt......................................... 1904 M A S ___
do
registered.....................................................
... M& S .. ..
U S of Mcx Exter gld Ins of 1899 s f 5s...........................
. . . . Q J ...........
U S of Mex 4s gold debt 1904 ser A .................................
1954 J A D * ....
do
do
do
ser B ....................................
1954 J & D .......

5.11
5.16
5.02

5.61
5.69
5.58

4.95
5.15
5.06
4.31

4.95

95 Feb. 2,1900
931 Jan. 9,1906
88 Jan. 12,1906

5.06
4.39

108
100*
101*
96

Jan.
Oct.
Mar.
May

4.02

4.09

100

Feb. 18,1908

4.04
4.04
4.96

4.36
4.36
3.80

101 July 23,1906
100* Apr. 8,1907
126 Mar. 6,1907

3.29

30,1906
18,1907
22,1906

28,1906

95
98
93
87*

Nov.
Nov.
Nov.
Dec.

22,1907
6,1907
8 ,1S07
2,1907

98*
93*

99*
94*

STATE SECURITIES.
Alabama currency funding 4s.................................
Louisiana new con 4s___.7.................................
do
do small bonds.........................
North Carolina con 4s...............................
do small................................................................
Tennessee new settlement 3s...............................................
do small bonds............................................................
Virginia fund debt 2-3s‘ of.............................................

1920*J & J ........
1914 J & J * ... .
1910 J A J*___
J & J ___
1 9 1 9 * A & 0 ....
1933*1 A I
1913 .T A J * ....

Feb. 18,1908

100* Apr. 8,1907
100*
122 June 18,1906

111
100

Marv 20,1904
Feb. 18,1908

*96

100* Apr. 8,1907 *96m
100* ....... do............
,
126 Mar. G 1907

1,1907

92* Oct. 11,1907

05* Oct. 22, i900

96f Jan. i9,i006

94* Sept. 6,1900

May 2,1907
30* July 10,1900

93* May 2, i907
20 Jan. 11,1900

95*
93 i
93*!
25

5.23
5.74

99* Jan. 7,1907
93* Dec. 12,1907

98 Aug. 23,1907
93* Dec. 12,1907

6.50
12.00

105 Jan. 22,1906
102* Jan. 27,1906

93

95*

*90

91*

97*j Nov. 28,1906

4.80

Aug. 20,1900

.. . J & J*___
iqi? \ fa n

3, \ 2 j 3.75

97* Nov. 28,1906

1991 J A J * ... .
.T A J

3.13

3.15

3.25

3.27

m

5.16
5.45

6.31
6.41

do 6s deferred cts issue of 1871..................................

100

91* Oct.

Jan.
Sept.
May
Feb.

2,1907
23,1904
2,1907
14,1908

23

COAL AND IRON.
Bufl < Susq Iron Co 1st s f 5s...............
4
do 25-year deb g 5s..........................................................
Clearfield Bituminous Coal Corp’n 1st s f int gtd g 4s ser A.

1932 J A D*—
1926 M A S ___

98 j
93*;
102 !
95 ;

Aug. 28,1907
Dec. 12.1907
Dec. 28,1903
Apr. 3,1902

103

J fa T
55 J Nov. 2,1900

Col Fuel & Iron Co gen s Id g 5s................
Qllorado Fuel Co gen g G
s.......................................................

X L II-------155




1943*F A A . . . .
1911 F A A * .. .
F A A ___
1919+M A N . . . .

44
75

Oct. 23,1907
Nov. 18,1907

79* Feb. 19,1908
75 | Nov. 18,1907
107 |-Oct.

7,1904

79*




F ebruary 25,

CONGEES SION AL RECO RD -SEN ATE.

2466

February 20,1908—Income values and quotation record of active railroad and industrial corporation hands, etc.—Continued.
Jan. 1, 1906, to date.

Title of bond, rate.

In­
Interest dates,
Yield.
come.
maturity.*

Col Inds 1st intgc A col tr gt 5 s...........
do registered....................................
Consol Ind Coal Co 1st 30-yr s fd 5 s ...
Continental Coal 1st s fd gtd g 5s........
Grand River Coal A Cote 1st g 6s----De Bardeleben C A I Co gtd g 6s........
•Tcfisn A Clearfd Coal & lm 1st g 5 s ...
Kanaw A Hock C & C 1 st gtd s f g 5s.
Lehigh Vly Coal Co 1st gtd g 5s..........
do registered........................- - - - - do 1st 40-yr gtd int red to 4%. - do registered..................................
Lehigh & Wilkesb Coal con 5s.............
do con extended gt d 4}s. . . . - —
Pleasant Valley Coal 1st g sk fd 5s - - Roch & Pitts C & Ir Co pur my 5 s.. .
Sunday Creek Coal 1st g sk id 6s
Sunday Creek Co 39-yr col tx s f js. . .
Tenn Coal Ir A R R gen 5 s.. . . ...........
do Birmingh div 1st con Os.........
do Tennessee div 1st g 6s.............
Utah Fuel Co 1st s fd g 5s. . . . . . .........
Victor Fuel Co 1st mtg skg fd 5s........
Virginia Iron Coal & Coke 1st g 5 s.. .

1934 E A A*
.... F &A.
1935 J & D ..
1952+F A A .
1919 A & 0 .
1910*F A A . . . .
1926*J A D 1951 J & J*.
1933*J A T ..
. . . . J & J ..
1933 J & J ........
. . . . J & J ........
1912 M A N * ...
1910 Q M ..........
1928 J & J ........
1946 M & N - ...
1912 J & D.......
1944 J & J ........
1951 J & J * ....'
1917*J & J ........
1917 A & O ----1931 M & S . . . .
1953 J & J * ... .
1949*M A S ___

77

Feb. IS, 1908.

Lowest.

Highest.
Quo­
ta­
tion.

Last sale.

Date.

Aug. 17,1900

5-88
6.17

5.77
7.21

102! Apr. 25,1900

4.83
4.78

4.81
4.70

105| Dec. 5,1906
1154 Jan. 19,1906

5.15
4.56

5.66
4.99

10 2 4

7.68
6.46
5.65
5.87
5.91

Quo­
ta­
tion.
35

Date.

Nov. 25,1907

102} Apr. 25,1906

103) Feb. 19,1906

Dec.

2,1907

1054 Dec. 5,1906
106 Oct. 16,1907

Quo­
ta­
tion.

40

Date.

Bid. Asked*

Feb. 18,1908

107} Dec. 12,1904
102} Apr. 25,1906
100 Jan. 13,1908
107 May 22,1897
1054 Dec. 5,1906
106 Oct. 16,1907

*95

104

110

93}
98

*99

103*

104*
104

Feb. 28,-1906
Jan. 18,1906

Jan.
Dec.

6,1908
7,1907

11.80
6.07
5.73
5.68
5.79

784 Jan. 3,1907
78V Jan. 18,1907
1014 Jan. 27,1906
111 June 20,1906
1104 Feb. 20,1906

784 Jan.

3,1907
18,1906
7,1907
4,1907
18,1907

5.39
5.96

5.43
6.07

Feb. 28,1907
Aug. 14,1906

Feb. 28,1907
Nov. 6,1907

934 Feb. 28,1907
86 Feb. 8,1908

84

1945*M & N. .....
1947 A & 0 * . . .
1937 J & J
1932 J & J
1909 .1 & J*----1936 J & D ....
1923*J A J . . . .
1918*F A A . . .
1939* J A J ....
1910*M A 8 . . . .
1995 J A J * ... .
1932*M A S
1949*J A D.
1942 F A A * ...
1917*J A D .......
1915*F A A
1949*M A N .. ..
1922*A A O . . . .
1937 A A 0*
1997 A A 0 * . . .
1919 Q F

5.18
8.60
5.08

5.21
8-55
5.10

113)
80;

Jan. 10,1900
Jan. 3,1906
107 ____do...........

87} Nov. 21,1907
55 Dec. 30,1907
90 Nov. 8,1907

Feb. 15,1908
Feb. 19,1908
Feb. 11,1908

*98
*58
*98

5.81
5.10
5.30
5.05
4.30
5.11
4.50
5.52

3.75
5.13
5.56
5.10
4.41
5.95
4.50
5.73

168| Jan. 26.1906
108 Feb. 16.1906
104 May 28.1906
100 Sept. 17,1900
934 Mar. 13.1906
1044 Feb. 13.1906
118 Apr. 2,1906
105 Feb. 25.1907

Feb,

103
95

4.46
4.63

4.79
3.94

4.95
5.16

4.94

10

5.70
4.95

5.67

4.84

1934*A A O . . . .
1927*M A N.
1947 M A N ... .
.. . M A N .......
1948 J A D.......
1948 J A D *... .
1949*F A A . . . .
1930 F A A . . . .
1921*M A N . . . .
1949*M A S .......
1943*A A O . . . .
1947 M A S * ...
. . . . M A S ....
1951*1 A D .......
194B*M A S . . . .
1932 M A S . . . .
1950 J A J ........
1950 J A D* , , .

5.04
4.42
5.06

1915 Q F.........
1919 M A S . . .
1925*A A O .. .
. .. A A O ...
1915 M A S * ..
1019*J A J . . . .
1944 A A O*..
___A A O .. .
1951 F A A * ..
. . . . F A A ...
1926 J A J .. . .
1925*A A 0 . . .
1951 F A A * ..
. . . F A A * ..
1931 M A N * .
1927 A A O*..
1910 A A 0 . . .
1913 A A 0 . . .
1935 J A J ... .
. . . . J A J .. . .
1918*F A A . ..
1935*J A J .. . .
1913*J A J ... .
1928 A A 0 . . .
1923*A A O .. .
1920*M A N ...
1925 J A J * ...
1921 J A J . . 1934 A A 0 . .
1918 J A J ----1913*M A N ...

10 2 4

67
9

Dec.
Nov.
99 Nov.
97} Dec.
80

98 Jan. 6,1908
994 Jan. 29,1908
105 Oct. 24,1900
784

78
89
103

103

Jan. 3,1907
Feb. 15,1907
Feb. 7,1908
Feb. 19,1908
Feb. 11,1908

75

GAS AKD ELECTRIC LIGHT.
Atlanta Gas Light Co 1st g 5 s ...............................................
Bklyn Union Gas Co 1st con g 5s
Buffalo Gas Co 1st g 5s. . . . . . . . . . . . Chicago Gas Lt & Coke 1st gtd g 5s
Columbus Gas Co 1st g 5s.................
Consolidated Gas Co conv deb Gs. . .
Con Gas Co of Chic 1st gtd g 5s.......
Detroit City Gas Co g 5s...................
Detroit Gas Co 1st con g 5s..............
Edison Elec 111 Bklyn 1st con g 4s..
Edison Elec 111 N Y 1st conv g 5 s ..
do 1st con g 5
i
Eq Gas Light,Co:N Y 1st con g 5s............
Co
Gas A Elcc of Bergen Co con g 5s----------General Electric Co deb g 3}s.....................
do conv deb 5s........ ............................. .
Grand Rap Gas Light Co 1st g 5s.............
Hudson County Gas Co 1st g 5s...............■
Kansas City Mo Gas Co 1st g 5s.............. •
Kings Co Elec Light & Pw’r g 5s.............
do Purchase Money 6s........................
Lac Gas L C of St Louis 1st g 5s..............
do small bonds..................... ...............
do refunding A Exten 1st g 5s..........
Milwaukee Gas Light Co 1st 4 s................
Mutual Fuel Gas Co 1st gtd g 5s..............
do registered.........................................
Newark Cons Gas con g 5 s .. . . . — - —
N Y Gas E L II & P Co 1st col tr g 5 s...
do purchase money col tr g 4s...........
N Y A Qns Elec Lg & P 1st con g 5s----N Y & Richmond Gas Co 1st g 5s............
Paterson A Pas G A Elec con g 5s...........
Peo Gas A Coke Co Chicago 1st con g 6s.
do refunding g 5s.............................. *
do do registered.
Syracuse Lighting Co 1st g 5s.............
Trenton Gas A Electric 1st g 6s.........
Union Elec Light & Power Co 1st 5s.
Utica Elec L A Power 1st s f g 5s—
Westchester Lighting Co g 5s.............

92

Oct. 30.1907

100 Oct. 21.1907
934 Jan. 8,1908
100

934
99
113}
92

Sept.
Mar.
Mar.
June
Dec.

90 Mar. 16,1906
1091 Jan. 23,1908

80
108

Apr. 16,1907
Jan. 24,1908

S4 Apr. 24,1906

102

July
Feb.

122 Feb. 6,1906
108} Jan. 23,1906

107
96

Dec. 19,1907
Nov. 26,1907

5.05
4.73
5.07

104} July 20,1906
95 Dec. 26,1906
100 May 7,1907

10 0 4

5.31
5.27
5.33

5.36
5. 49
5.50

109} Jan. 16,1906
92 Jan. 18,1906
1044 Jan. 26,1906

5.67
5.38

5.62
5.43

123

5.29

98

Feb.

Feb.

1074 Jan.

8,1906

7.1906
3.1906

5.32

5.44

102

4.97

4.97

108} Feb.

5.13
7.94
10.30
7.64
6.35
4.83
6.08
C 28
.
6.48
6.42
5.24
5.68
G 48
.
7.26
6.61
7.80

6.46
9.44

"7*1.4
8.81

5.40

6,1907
8,igo6

June 20,1907
914 Jan. 10,1907
92 Jan. 14,1908
Nov. 21,1907
Nov. 13,1907
Apr. 30,1907

104} Nov. 22,1907
89 Nov. 20,1907

96

100} Feb. 14.1906

Jan. 25,1907

17.1906
13.1906
19.1907
20.1906
13.1907

Jan. 10,1908

104

18,1908

100 Oct. 21.1907
95

Mar.
1 0 0 4 Aug.
113} June
92 Dec.
67 Oct80 Jan.
109 Feb.
107} Dec.
102 July
98 Dec.
107

11
04

13.1906
8.1907
20.1906
13.1907
2,1901
6.1908
18.1908
17.1900
6,1907
22.1900

Dec. 19,1907
Feb. 18,1908

*i04}
95}

Feb. 19.1908

100 Sept. 17.1906

934

60

*88i
994
112*

108

*80
109

99}

101*

1001 June 20,1907
914

Jan. 10,1907

100 Feb. 3,1908
954

76
95
103
104}
107}
95
110
96

Feb.
Feb.
Apr.
Nov.
NOV.
Jan.
Jan.

10,1908
18,1908
30.1907
3,1905
13,1905
9,1908
17,1908

May 13,1905
Jan. 10,1908

7,1906

1014 Dec. 31,1906

1014 Feb.

Nov. 4,1907
___ do..........
Feb. 10,1908
June 25,1907
Jan. 15,1908
Nov. 15,1907
Oet. 30,1907
Oct. 25,1907
Nov. 1,1907
Oet. 2,1907
Aug. 4,1906
Nov. 26,1907
Oct. 31,1907
Nov. 11,1907
Jan. 3,1908
Oct. 24,1907

Feb.
Feb.
Feb.
June
Jan.
Jan.
1 O Feb.
0J
97 |Jan.
62i' Feb,
Dee.
Aug.
Feb.
Feb.
Nov.
Feb.
Feb.
July
Feb.
June

15,1908
8.1908
18.1908
25.1907
31.1908
23.1908
19.1908
3,1908
18.1908
3.1907
4,1906
19.1908
13.1908
11.1907
6.1908
19.1908
17,1899
23,1904
18.1907

"9 0
78

110 4

90}
*90

1,1907

Jan. 15.1906

*94

MANUFACTURING AND INDUSTRIAL.
American Cotton Oil deb 4|s ..............................................
Am Hide & Leather 1st sk fd g 6s....................................... 1
Am Ice Securities Co deb g ..................................................
do do small bonds.......................................................
Am Spirits Mfg Co 1st g .......................................................
Am Thread Co 1st 4s. . . . . - - .................. ...............................'
American Tobacco Co 40-yrs g 6s.........................................
do registered..,.............................................................
do g 4 s . . ........... - ...................................... ............. *
do do registered........ ...................................................
Bethlehem Steel 1st extd gtd s f 5s......................................
Cent ral Leather Co 20-year g ...............................................
Consol Tobacco Co 50-year g ................................................
do registered...................... - - - - - ...........................
Corn Products Ref 25-yr 5% skg fund...............................
Distillers Seeur Cor conv 1 st g ............................................
Ill Steel Co deb 5s stpd non-conv........................................
do non-conv deb 5s.......................................................
Ingersoll-Rand 1st mtge g 5s................................................
do registered...................................................................
Internatnl Paper Co 1st con g 6s.........................................
do conv sinkg fund g 5s................................................
Intern Steam Pump 10-year deb 6s........... ..........................
Knickerbocker Ice (Chic) 1st g 5s........................................
Lackawanna Steel Co 1st conv g 5s.....................................
National Starch Mfg Co 1st g 6s..........................................
National Starch Co s fd deb g 5s.........................................
Ry Steel Spg 1st mge 5s Latrobe Plant..............................
Rep It A Steel 1st mg A clt tst s f 5s......................... ........
U S Envelope Co 1st sinkg fd g 6s.......................................
U S Leather Co skfd deb g 6s...............................................

98

94
80
104
93
1174
116,
84
80}
96

28.1906
25.1907
13.1906
12.1907
8.1906
6.1906
22.1906
3.1906
4.1906
26.1906
22.1906
16.1906
10.1907
17,1906

83|
78}
784
914

Mar.
June
June
Mar.
Feb.
Feb.
Jan.
Jan.
Aug.
Jan.
Jan.
Mar.
Oct.
Sept.

5.52

99

Oct. 12,1906

5.86
5.95
6.62

5.68
6.23
8.34

110 4

6.02

6.82
8.38

1084 Jan. 30,1906
934 Mar. 7,1906
77 Jan. 12,1906

7.33
7.30
6.32
5.90
5.92

8.25
6.90
6.19
6.09
6.32
6.65
6.49
5.39
6.14
6.65

6,66
5.79
5,71

102

Jan. 26,1906
I O Jan. 3,1906
O
104} June 22,1906

103
10 9 4

Aug. 6,1906
Mar. 7,1907
Feb. 10,1906

854
54
"
63

0
.6

78
53}
57
70
60
95

Feb.

5,1907

100 Nov. 15,1907
76
90

Dec. 2,1907
Jan. 22,1908
Nov. 26,1907
Nov. 27.1906
Apr. 19,1907

80
103

Dec. 9,1907
Mar. 7,1907
Nov. 26,1907

78
60
80
97
83

IO Feb. 11,1908
24
84}
91
974
85
83J
70

Feb.
Jan.
Oet.
Feb.
Aug.
Apr.

7,1908
23,1908
20,1905
18,1908
1,1907
19,190-

80 Dee. 9,1907
103 Mar. 7,1907
103} Feb. 19,1908

*99}
83
10 0 4

624

101
" ’ 63*
85
90}

674

*95
* 102}

103
81
*91

*84

*85
84
75

*75}

91
*103}]."

CONGRESSIONAL RECORD— SENATE

1908

2467

February SO 1908— Income values and quotation record o f active railroad and industrial corporation bonds, etc.—Continued.
,
Last sale.

Jan. 1, 1906, to date.

Title of bond, rate.

K § Realty & Impv con deb g 5s___
G S Steel Corp 10-G yr g sk fd 5s___
O
do registered................................
Va Carol Chemical col tr s fd g 5s___
Westinghouse Elec & Man env s f 5s.

Interest dates,
maturity,*

1924
1963
....
1912
1931

J & J * ..
M & N ..

M &N..
A & 0*.

J & J ...

In­
come,

Highest.
y ie ld .

Quo­
ta­
tion.

Date.

Deb. 19,1908.

Lowest.
Quo­
ta­
tion.

Date.

62i Dec. 19,1907

Quo­
ta­
tion.

Date.

Bid. Asked.

Feb. 19,1908

7.77
5.79
5.76
5.71
7.37

5.84
5.81
8.09
8.09

99 Jan. 20,1906
lOlj Oct. 17,1906
100- Apr. 17,1906
l o i i Feb. 17,1906
Nov. 30,1906

78*
78!
85
50

Nov.
Nov.
Dec.
Oct.

20,1907
18,1907
27,1907
23,1907

68! Feb. 19,1908

5.04

5.05

1161 Jan.

96

D ec.

19,1907

100 Jan 23,1908

5.09
5.36

5.10
5.41

107
104

5.38
5.86
5.55
5.30
5.13

5.43
5.87
5.56
5.34
5.14

Jan. 26,1906
100 ....... do..........
80! July 3,1907
113! Jail. 22,1906
110 Feb. 6,1900

Nov.
Nov.
Feb.
Nov.
Aug.

21,1907
22,1907
1,1908
26,1907
28,1907

5.16

5.17

1191 Jan. 12,1906

Feb.

4,1908

66

69

8 J ------do...........
7

87$

89

92! .

88 ! Feb. 17,1908

Jan. 17,1908

88J
71

STREET RAILWAY.
Bwav & 7th Ave 1st con g 5s.................
„ do registered......................................................................
Brooklyn City R R 1st con 5s........................................1916Rrooklyn Qns Co & Sub con gtd g 5s
Brooklyn Qns Co & Sub 1st mtg 5s..
Brooklyn Rapid Transit g 5s............
do 1st rof conv g 4s.....................
„ do
do registered.......... .........
•Brooklyn Union Elevated 1st g 4-5s.
_ do stamped guaranteed...............
y ty & Surb R R Balt 1st g 5s...........
Colum & 9th Ave 1st gtd g 5s............
do registered
Conn Ry & Lgtg 1st & ref g 4£s.
n do stamped guaranteed___
Benyer Cons Tramway Co 1st g 5s.
Beaver Tramway Co con g 6s........ .
Betroit United Ry 1st con g 4$s___
Brand Rapids Ry 1st g 5s................
Hartford Street Railway Co 1st 4s.
Havana Electrio Railway con g 5s.
■interborough Met col tr g 4js..........
T do registered......................
Biter Traction 50-yr col tr 4s.
Bfngs Co Elevated R R 1st:g 4 s.
g
T do stamped guaranteed A ....................
Bex Ave & Pav Ferry 1st gtd g 5s............
T do registered...........................................
Bouisville Railway Co 1st con g 5 s ...........
"tanila Electric 1st lien'& cl tst s f 5s.......
Market St Cable Ry San Fran 1st g 6 s....
Metpoln Ry Co 1st gtd g 6s.........................
Metjopol St Ry N Y gen col tr g 5s..........
lr do refunding g 4s................................
Met West Side Elev Chic 1st g 4s...............
do registered.........................................
Mil Elec Ry & Light con 30-yr g 5s...........
Minn St Ry (M L & M) 1st con g 5s..........
yjhssau Elect R R cons gtd g 4s................
Hew Haven Street Railway 1st 5s.............
Aew Orl Ry & Lgt gen mtge 4is................
Portland Ry 1st & ref s f 5s........................
Jos Ry Light Heat & P 1st g 5s...........
gt Louis Tran Co gtd imp 20-yr 5s............
Paul City Ry Cable con g 5s..............
r do gtd g 5 s............................................
p
third Ave It R 1st con gtd g 4s.................
do registered.........................................
do Central Trust Co Ctfs...................
do
do stamped................................
Third Ave Ry N Y 1st g 5s.........................
T do
do Coupon oil............................
ondergmd Elect Rys of London Ltd
5% profit sharing notes 1908 series A .
do
do
series B.
do
do
series C.
tr .do
do
series D.
Bmon Elevated Ry Chic 1st g 5s................
Bnited Railways of St L 1st g 4s...............
United Railways of San Fran s fd 4s........
v
*est Chic St 40-yr 1st currency 5s............
do 40-yr con g 5s.....................................

1943 J & D* .
. . . . J & D .. .
1941 J & J * ..
1941*M & N ..
1941 J & J * ..
1945 A & O*.
2002 J & J * ..
.... J & J ...
1950*F & A ..
1922 J & D ...
1993 M & S*.
. . . . M & S ..
1951*J & J . . .
1933 A & O*.
1910*J & J . . .
1932*J & J . . .
1916 J & D ...
1930 M & S * .
1952*F & A . .
1956*A & O ..
. . . . A & O ..
1949 J & J . . .
1949 F & A *.
1993
....
1930
1953
1913
1911
1997

M & S * ..
M & S .. .
J & J * ...
M & S*. ..
J & J ....
J & J ....
F & A * ..

2002*A & O ...

3,1906

June 14,1906
Apr. 11,1906

99: Oct. 22,1907
Oct. 25,1907

109

102! May 3,1907
971- Oct. 22,1907

119! Dec. 3 1901
Oct. 22,1907
95i Oct. 25,1907
Feb. 19,1908

94

6 i .......do...........
8
72*
94v
98
105!

Feb.
Feb.
Sept.
Apr-.
Feb.

*94
69$

1,1908
19,1908
3,1907
9,1905
4,1907

95!
70
95
105

102! May

3,1907
97j Oct. 29,1907
June 13,1900
97!

4.46
4.68

4.45
4.69

103f Nov. 15,1906
104 Dec. 22,1906

5.81

6.34

9& Mar. 31,1906
i

79

Dec. 13,1907

79! Dec. 18,1907

5.45
9.23
5.42
6.61
4.56
4.98
5.67

5.50

95! Jan. 30,1906

4.67
5.15
5.68

83J
84
95
96:
116:

Oct.
Juno
Jan.
Jan.
Mar.

80. June 26,1907
471 Nov. 21,1907
m Oct. 11,1906
61 Feb. 17,1908
87 Feb. 5,1907
76! Dec. 18,1907
90 Jan. 7,1908

94 Jan. 9,1908
50| Feb. 19,1908
831 Oct. 11,1906
61 Fob. 17,1908
88 Feb. 25,1907
80! Feb. 5,1908
Jan. 7,1908

5.15

5.18

wot

May 10,1906

May 10,1900

May 10,1906

7.17

7.16

5." 49

901 May 11,1906

11,1906
28,1906
26,1906
10,1906
24,1906

98

4.35

4.49

117 Jan. 12,1906
92 Jan. 27,1906
93| July 3,1906

68 Feb. 18,1908
47 Jan. 29,1908
93! July 3,1906

70 Feb. 19,1908
47f Feb. 17,1908
93! July 3,1906

5.63
5.61
5.23

4.49
4.25
5.41

109 July 18,1906
107! Feb. 14,1906
89! Jan. 17,1906

109 July 18,1906
107* Feb. 14,1006
70 Nov. 11,1907

5.22
5.06
4.94
5.33
4.45

92! June 27,1906

July
101! Apr.
103$ Oct.
96! Apr.
110! Nov.

19,1906
24,1907
31,1906
12,1900
23,1906

90! Sept. 25,1906
101! Apr. 24,1907
103! Oct. 31,1906
96! Apr. 12,1906
110! Nov. 23,1906

40 Nov. 2,1907
55 Oct. 18,1907
50! Feb. 6,1908

*91
53

*58

109 July 18,1906
107! Feb. 14,1900
77 Feb. 18,1908

5.04
5.05
4.95
5.18
4.59

52!

Feb. 13,1908
Oct. 18,1907
Feb. 6,1908

8.66

1938*F & A . . .
-----*F & A .. .
1926 F & A. ..
1919*.T & J 15..
1951*.T & J ___
1913 M & S*...
1935 J & J * ...
1930 M & N * ..
1937 M & N*..
1924 A & O. . .
1937*J& J 15..
1937 J& J 15..
2000*J & J . . . .
.. .. J & J ....

7.80
7.45

1937 J & J * ... .

4.94

,...* J & D -...
....* J & D ....
-----*J & D —
___*J & D ....
1945*A & O ...
1934*J & J___
1927*A & O ...
1928 M & N*..
1936 M & N * ..

7.94

5.06
5.14
6 .20

Apr. 24,1907
103! Oct. 31,1906
96! Apr. 12,1906
110! Nov. 23,1906
lo i!

95! Jan. 10,1906
89 Jan. 15,1907
52| Jan. 29,1908
4.91

119

Jan. 11,1906

98! May 22,1900

5.07
5.64
7.49

98

102

Feb. 18,1908

64! Sept. 3,1907

Jan. 7,1907
Feb. 10,1908
Jan. 8,1908

Jan. 7,1907
Feb. 14,1908
Feb. 19,1908

*77
*90

101

100

64! Sept. 3,1907

100

Jan.

7,1907

100

90

Feb.

2,1906

77
59

88 ! Jan. 13,1906

Nov. 11,1907

67!

65

66

!

Dec. 28,1897

TELEGRAPH AND TELEPHONE.
Amer Teleph & Teleg col trust 4s...................
commercial Cable 1st g 4s......................................" " " !
v,
do
do registered....................... j” ” ........
E-eystone Telephone Co 1st 5s..............................
, r do
do
registered....................
Metpn Tel & Tel 1st sk fd g 5s..................................” ” |
do
do registered............
Mich State Tel Co 1st 20-yr 5s...........................
Mutual Union Teleg skd fnd Gs..................
A Y & N J Telephone gen g 5s............
Horthwn Tel Co gtd fundgg 4£s...................
A <stern Un coll trust cur 5s.................................... ""
do fndg & real estate g 4£s.......................
do conv 4s redeemable ser A ....... ".!!!!!
........... .
do do registered.....................

1929 J & J*.
2397 Q J * ...
. . . . Q J - ...
1935 J & J ..
. . . . J& J..
1918*M & N.
.... M & N .
1924 F & A .
1911*M & N .. ..
1920*M & N.
1934*J & J ..
1938*J & J ..
1950*M & N .. ..
1936 M & N*
.... M & N .

5.30
5.60
4.50
5.14

6.09
5.60
4.50
5.19

5.42

5.73

104

5.56
5.93

5.94
5.65

101J July 3,1906
j
107 Jan. 15,1906

92! Jan. 10,1908
104 Mar. 23,1907

5.64
5.37
5.23

5.81
5.50
5.69

109$ Jan. 19,1906
105 Jan. 20,1900
77! Feb. 5,1908

Nov. 27,1907
Dec. 2,1907
Jan. 23,1908

4.65
1948*M & S ___
1921 J & J ........ 4.69
1929 M & N ....
1948 F & A * .. . 12.50
1948 J & J ........

4.78
4.36

104! Feb. 16,1906
113 Apr. 16,1900

78 Nov. 26,1907
106$ July 12,1907

1915
1911
1952
1931
1910
1922
1929

5.04

95! Jan. 18,1906
97! Feb. 20,1906
89 July 9,1907
Aug. 23,1907
Feb. 25,1907

104

75! Jan.

7,1908
22,1907
9,1907
23,1907

72
89
98

7,1908
Nov. 22,1907
July 9,1907
Aug. 23,1907

Feb. 25,1907

104

Feb. 25,1907

92*;
104"!
105$
103*

Feb.
Apr.
July
July
Feb.
Feb.
Feb.

75J Jan.
72 Nov.
89 July
98 I Aug.

17,1908
17,1907
2,1903
26,1904
5,1908
13,1908
5,1908

80
94

*89

*85

88!
85

MISCELLANEOUS.
•Adams Express Co col trust g 4s___
Am Dock & Improvement Co gtd 5s.
Ain Steamship Co of W V 1st 5s
"Kiyn r erry Co of N Y 1st con g 5s..................
Bklyn Ferry
Brooklyn Ferry Co Knickerbker Trst Co cortfs of dep
for 1st con 50-yr 5s.
Chic Juno Ry & Stock Yds col g 5s...........
Bet Mac & Mar Ld gt income 7s..
Hackensack Water Co 1st 4s............
Henderson Bridge 1st sk fd g 6 s ......... AA
Hoboken Land & Improv g 5s...............................................
f nter Mer Marine 4J% mtge & col tst....................................
Uter Navigation 1st sinking fund 5s....................................




J & J * .... 5.01
A & O * ... 10.43
J & J ........
M & S . . . . 5.63
M & N .. .,
A & O . . . . 7.29
F & A . . . . 6.44

52

5.51
9.44
7.07

Jan. 12,1906

101
78

Mar. 19,1907
Jan. 8,1906

108* Jan.

3,1906

Apr. 26,1907
May 9,1907

Oct. 11,1906

100

Jan. 23,1908

691 Aug. 8,1906

108* Jan.

3,1906

Nov. 4,1907
Jaa. 8,1908

Feb. 14,1908
307 Feb. 10,1908
100$ June 4,1902
41 Oct. 11,1906

*88

106

100 Jan. 23,1908
70 Sept. 18,1906
108! Jan.

F eb.

103

3,1906

Feb. 18,1908
6 ,1 9 0 8

*90
108!

63




Range of prices since 1900—Continued.

APPENDIX E.

Sooth Bend, I xd,

F e b r u a r y l i , 1008.

My Dear Senator : The masses of the peoplc believe that bank de­
posits as well as bank currency should have Government gaara y.
(
if fV National Congress does not provide guaranty alo & t
vp
,
lines that recognises relative safety
guaranty
then the State legislatures are more than likely to provme i,ud u y
along irrational fines that, take into c o n s i ^ 11 ot o n l ^ t h e ^ o r d
• bank ” upon the front window. A t least onei >
*
estates to its
guaranty, and deposits are said to be flowing from other States to ns

High.

American Linseed Co. pf.®.....................
American Locomotive Co.®....................
American Locomotive Co. pf.®....... ! ! . .
American Malting Co.®...........................
American Malting Co. pf a.....................
American Smelters sec. p f, B.®............
1 :1If ^State guaranty is provided, deposits Y ^ t f ° w I n ^ e % o in D e lle d
3
American Smelting and Refining Co.®..........
State banks and trust companies, national banks Will be c
1,
American Smelting and Refining Co. pf.®...
to Change to State banks or trnst compan cs
trust
American Snuff Co.®.......................................
Co. pf.®...............................
“
»<“
*> *» < ■ « » -» American Snuff Foundries..............................
American Steel
CUEvenynow S tateb aS ks and trust companies have substantially one- American Steel Foundries pf..........................
haif of the banking capital and deposits. If these hanks would become American Sugar Refining C o.®...................
national banks w nh no more° power of currency issue than national American Sugar Refining Co. pf.o.................
bante'now h a v e , do you fully comprehend the tremendous difference American Telegraph and Cable Co................
American Telephone and Telegraph Co.......
in Toheencon k
ura|e t l T ^ n k i n f ^ a p T t a l ^ t o become national banks some American Tobacco Co. pf................................
nnwers shouia be given and some reliefs extended, but guaranty American Woolen Co.o....................................
of d e n o S ® l K sane Hoes would be a long stride in the right direc­ American Woolen Co. pf.o..............................
t i o n ^ it would bring depositors without reserve and hold them under Anaconda Copper Mining Co.®.......................
Ann Arbor.........................................................
al\ i°m v \ e tte r of the 1st instant I said : “ Postal savings banks would Ann Arbor pf....................................................
in my r a w _ u '
.
millions from the borrower.
I have a
Associated Merchants, 1st p f.........................
make depositor safe, " 1
QCnerah dated February 3, which says:
Atchison, Topeka and Santa F e ...................
?Tne rti? D e o a r t m f f i plan for establishing postal.savings banks it is Atchison, Topeka and Santa Fe pf...............
1 “ S
the money in national banks in the locality where Atlantic Coast Line.........................................
proposed to redeposittne mo y
immediately available for the iegitiBaltimore and Ohio.........................................
it is first received, thus ma
s
community to which it properly beBaltimore and Ohio pf.................
matt IM n clal 'lrS S f f ( G o « r a S “
iiy a preferred credito'r i t Brooklyn Rapid Transit................................
longs. As the post omce vw1
hanks in the way of bonds.” Brooklyn Union Gas.......................................
would not demand collateral f ]
itor an(j not take from the borBrunswick City............................... 1........ .
Buffalo, Rochester and Pittsburg...............
^
5
l aw . » M
Buffalo, Rochester and Pittsburg pf...........
S
S
I &
S
S
T t o S S tLat ptegrred drat sett 100 per c a t
Buffalo and Susquehanna pf..........................
Butterick Co.®............, .................................. .
may cause the comm, ^ f t° hf e^ 0^ t(JfnQ0yernmcnt guaranty is not be- Canada Southern............................................ .
c a u s T o T I x t e n S v r lossaeV butneto quiet that constant and disastrous Canadian Pacific............................................. .
Central Coal and Coke...................................
mutual fear between depositor and bank.
Central Leather Co.........................................
Sincerely, yours,
Marvin Campbell, P r e s id e n t .
Central Leather Co. pf...................................
Central Railroad of New Jersey. ! .........
Central and South American Telegraph___
A ppendix F.
[The New York Times Weekly Financial^ Quotation Review, Monday, October Chesapeake and Ohio.....................................
Chicago, Burlington and Quincy.................
Chicago and Eastern Illinois pf...................
Range of prices since 1900.
Chicago Great Western.................................
m > ,,
.
. , ,, „v,A <i +hr extremes at which stocks have sold on the New Chicago Great Western p f, A......................
W
[Th. lollow
tog
g
.to*|,the —
, JmmryI[m. to dated
Chicago Great Western pf, B......................
Chicago Great Western deb..........................
Chicago, Indiana and Louisville pf.............
Date.
Low.
Date.
High.
Chicago, Milwaukee and St. Paul.................
Chicago, Milwaukee and St. Paul pf...........
Chicago and Northwestern
1907
Ill Jan., 1900 Chicago and Northwestern pf..
315 June,
Adams Express
204 July, 1900 Chicago, Rock Island and Paci
* Pacific................
205 Dec, 1900
Albany and Susquehanna........................
ma
4 Aug., 1907 Chicago, St. P , Minn, and Omaha..............
27} Jan, 1903
Allis-Chalmers Co......................................
15 Oct., 1907 Chicago, St. P , Minn, and Omaha pf.........
87} Feb, 1903
Allis-Chalmers Co. p f................................
33} Oct., 1903 Chicago Terminal Transfer..........................
130 June, 1901
Amalgamated Copper C o . ® —
Do.
Chicago Terminal Transfer pf......................
12
35 ....... do
American Agricultural Chemical BO. .
70} Dec., 1903 Chicago Union Traction...............................
102 Jan, 1906
American Agricultural Chemical Co. pf ■
Oct., 1907 Chicago Union Traction pf...........................
%
36} Dec, 1905
American Beet Sugar Co.a.......................
74 Sept., 1904 Cleveland, Cincinnati, Chicago and St. L . ..
89} Jan, 1906
American BeetBugar Co. pf.®.................
12} Jan., 1900 Cleveland, Cincinnati. Chicago and St. L. pf.
47} ....... do
American Car and Foundry Co...............
578 June, 1900 Cleveland, Lorain and Wheeling..............
105 .......do
American Car and Foundry Co. pf.........
145 June, 1907 Cleveland, Lorain and Wheeling pf.........
220 May, 1904
American Coal............................................
24 Mar., 1901 Cleveland and Pittsburg...........................
57} Apr, 1902
American Cotton Oil.
82 July, 1903 Cleveland and Pittsburg special..............
100 Apr, 1900
American Cotton Oil pf..............
22 Aug., 1904 Colorado Fuel and Iron.............................
45 Nov, 1905
efe? ’
American District Telegraph.
142 Mar., 1900 Colorado Fuel and Iron pf...................
272 Aug, 1906
American Express.................
32 Aug., 1907 Colorado and Southern..............................
62} Aug, 1902
American Grass Twine®............
2! Oct, 1903 Colorado and Southern 1st pf...................
132 Oct, 1902
American Hide and Leather—
Colorado and Southern 2d pf....................
Do.
10
55} Mar., 1905
American Hide and Leather pf.
20 Oct, 1907 Columbus and Hocking Coal and Iron...
945 Sept, 1906
American Ice Securities Co........
6 July, 1903 Consolidated Coal......................................
1901
, July,
American LinseedCo.®...........

....

Date.

66 July, 1901
78} Jan, 1906
122J A pr, 190.5
9 Dec, 1904
31$ Jan, 1900
102 ! N ov, 1905
174 j Jan, 1906
137 ; Dec, 1905
250 i N ov, 1905
1101 Dec, 1905
181 Mar, 1905
70 Dec, 1902
157 Jan, 1906
141 N ov , 1904
100 Apr, 1901
186 Apr, 1902
1O Dec, 1905
0|
48
Jan, 1900
110! .......do........
75. Feb, 1907
May, 1902
79 June, 1905
1124 Mar, 1906
110} Sept, 1906
IB May, 1901
S
170 Apr, 1905
125| Sept, 1906
100 Aug, 1905
94| Jan, 19C6
253 Aug, 1902
22} Doc, 1905
160 Oct, 1904
165 ....... do........
9 I f May, 1905
66 | Apr, 1906
97 ! M ay, 1902
201} Dec, 1906
714 Mar, 1905
495 Jan, 1906
107}....... d o .......
239} May, 1906
140 ....... do........
65| Aug, 19C
6
250 ! Feb, 1905
151 July, 1902
35 I Aug, 1902
90} June, 1901
51} Aug, 1902
95} June, 1902
911 Aug, 1902
1991 Dec, 1906
218 I Aug, 1906
271 ! Apr, 1902
274}....... d o.......
206 | Sept, 1902
225 Jan., 1905
230 ....... dO.......
31 ! Apr., 1901
57}.......d o ____
23 Apr, 1902
60 ----- d o.......

111 Mar, 1905
111 ----- d o .......
100
112
160

108}
136}
142.1
41 !
79}
59
30}

100

Oct, 19G
6
Jan, 1906
May, 1901
Jan, 1905
June, 1901
Apr, 1901
Oct, 1906
Aug, 1902
D ec, 1906
NOv, 1906
___ do____

Low.
17
10}
67}
2}
14}
S !
O
34}

Date.
Aug, 1997
O ct, 1903
Do. „
Mar, 1903

Sept, 1903

O ct, 1 0 1
01
June, 1900
O ct, 1903
26 Mar, 1901
73 Anr, 1901
3} Jan, 1904
26 July, 1904
95} Mar, 1900
Do- .
107
77 May, 1907
100 Oct, 1907
Do. „
70
03
7 } O ct, 1S
Do.
65
Do.
14}
16 Sept, 1000
1 U Jan, 1900
J
40}
90 ! Sept, 190*
18} Jan, 190°
58}:
Do.

66 : Oct, 1907
551.
72}
29}
99}
-

Jan, 1900
Do.
Sept, 1903
Sept, 1907
O ct, 1903
Feb, 1900
Jan, 10°O
N ov, 1904
31 Aug, 1W
47L Feb, 1900
84! Sept, 1900
64V Fen, 100j
13} Oct, 1907
73
Do- .
115 Jan, 19°0
95 Dec, 1903
24 , June, 1900
119}' Jan, I960
105 July, 1903
7 ! Oct, 1907
33}
DO.
8i
Do. ^
64 Aug, 1907
451 Jan, 1 ®
9®
108} June, 1900
140} Oct, 19°7
1371 Mar, V
>%
190 Aug, 1903
102 ; June, 1900
110 i Oct, 1900
160 i Jan, 1907
3V Oct, 1907
10} Aug, 1907
2i
Do. .
Ill July, 1906
55 June, 1900
50} Oct, h4>7
14} Jan, 1900
46
Do.
160 i Mar, 1007
1081 Jan, 1905
15 1 Oct, 1907
35 j
Do. „
5 ! Sept, 1900
36 ;
Do.
14 !
Do.
8 ! June, 1904
48 j July, 1900

Li

Li
Li

L;
Li

L<
Li

M;
Mi

M
:
M
i
M
i

Mi

M
i

Mi

Mi
Mi
Mi
Mi
Mi
Mi
Mi
M
<

M
i

Nf
N:
Nl
Ni
Nt
Nl
Nl
Ne
Nf
Nc
Nc
Nc
Nc
Ne
Nc
Nc
Ne
Nc
Nc
Nc

N
e

Ne
Ne
Nc
Nc
Nc

Nc

1908.

CONGRESSIONAL RECORD— SENATE.
Continued.
i.

Date.

Consolidated Gas.............................................. I 238 Apr. 1901
Delaware and Hudson...................................
$ Oct., 1905
Delaware, Lackawanna and Western.........
May, 1900
Denver and Rio Grande.................................
} May, 1901
Denver and Rio Grande pf............................
} June, 1901
Des Moines and Fort Dodge.........................
I July, 1902
De3 Moines and Fort Dodge pf....................
June, 1902
Detroit City Gas..............................................
} June, 1900
Detroit Southern.............................................
Sept., 1902
Detroit Southern pf........................................
i ....... d o ....
Detroit United Ry...........................................
Feb., 1906
Diamond Match...............................................
} Aug., 1901
Distillers Securities®.......................................
Feb., 1907
Duluth, South Shore and Atlantic®...........
Aug., 1902
Duluth, South Shore and Atlantic pf®.......
$ Nov., 1905
Eastman Kodak..............................................
Mar., 1906
Electric Storage Battery...............................
J Feb., 1905
Eric.....................................................................
$ Aug., 1905
Erie 1st p f.........................................................
851 ....... d o ........
}
Erie 2d p f..........................................................
78;2 ....... do.........
Evansville and Terre Haute.........................
70 Jam, 1906
Evansville and Terre Haute pf.....................
104| Feb., 1902
2
Federal Mining and Smelting.....................
199 Jam, 1906
Federal Mining and Smelting p f..................
k ....... do........
Eort Worth and Denver City®....................
2 Feb., 1003
General Chemical............................................
82 Jan., 1906
General Chemical pf........................................
$ Oct., 1905
General Electric...............................................
Apr., 1902
Great Northern pf
Feb., 1906
Green Bay and Western_____
May, 1902
Havana Electric.......................
Aug., 1906
Havana Electric pf...................
2 June, 1906
H. B. Claflin Co.........................
117 Feb., 1906
102|} July, 1900
H. B. Claflin Co. 1st pf.............
H. B. Claflin Co. 2d pf.............
101 May, 1905
135 Apr., 1906
Hocking Valley.........................
Hocking Valley p f....................
99} Mar., 1903
Homestake Mining....... ............
104 Apr., 1901
Illinois Central.........................
184}f June, 1906
Illinois Central, leased line___
100 Mar., 1901
International Paper Co...........
28 ....... d o ........
International Paper Co. pf. . ,
90 Jan., 1906
International Power Co. ®___
99 Apr., 1902
International Steam Pum p...
60 May, 1906
International Steam Pump pf
95 Oct., 1902
57$ Apr,, 1902
Iowa Central...........*.................
■
90$ ....... d o ........
Iowa Central pf.........................
182 Apr., 1905
Joliet and Chicago...................
Kanawha and Michigan......... ..........H .........
70 June, 1906
Kansas City, Ft. Scott and Memphis p f___
88 Aug., 1902
Kansas City Southern...............
39 ....... do.........
Kansas City Southern pf..........
71 Jan., 1906
Keokuk and Des Moines...........
41 Sept., 1902
Keokuk and Des Moines p f. . . .
84 Apr., 1902
85 Sept., 1906
Knickerbocker lee, Chicago___
85$ ....... do.........
Knickerbocker lee, Chicago, pf
14 Feb., 1902
and Pembroke___
Laclede Gas
100 Feb., 1903
110 Jan., 1902
Laclede Gas pf.............. ...................................
76} Nov., 1901
Lake Erie and Western...................................
138 Feb., 1902
Lake Erie and Western pf..............................
347 Mar., 1905
Lake Shore.........................................................
91$ May, 1902
Long Island.......................................................
Louisville and Nashvillo.................................. 159} Aug., 1902
22 Apr., 1901
Manhattan Beach..............................................
175 Feb., 1905
Manhattan Elevated........................................
115 Aug., 1904
Maryland Coal pf.................. ...........................
182 Aug., 1900
Metropolitan Street Railway ®
.......................
43 Jan., 1902
Metropolitan West Side El., Chicago............
93 Sept., 1901
Metropolitan West Side El., Chicago pf.......
Mexican Central................................................
31} Mar., 1902
200 July, 1906
Michigan Central..............................................
115 Apr., 1902
Minneapolis and St. Louis___
127$ ..........d o . . . . .
Minneapolis and St. Louis pf.
Minneapolis, St. Paul, and Sault Ste. Marie.. 164 Mar., 1906
Minneapolis, St. Paul, and S. S. Marie pf..
183$ Jan., 1906
Missouri, Kansas and Texas......................
431 Nov., 1906
Missouri, Kansas and Texas pf.................
76 ....... d o ........
125. Sept., 1902
Missouri Pacific............................................
92; Sept., 1905
Montreal Light, Heat, and Power...........
Morris and Essex........................................
198} Apr., 1902
Nashville, Chattanooga and St. Louis...
198? ....... d o .......
s o : Jan., 1907
National Biscuit Co.®.................................
120 Mar., 1905
National Biscuit Co. pf..............................
36 Mar., 1903
National Enameling and Stamping.........
National Enameling and Stamping pf___
94 Apr., 1905
National Lead Co.®..................................... .
95$ Jan., 1906
National Lead Co. pf.................................. .
HI} Feb., 1905
59$ Dec., 1900
National Railroad of Mexico pf.................
30 Nov., 1906
National Railroad of Mexico 2d pf............
New Central Coal.........................................
50 Jam, 1903
83 Aug., 1906
Now Orleans Railway and Light pf..........
106 Apr., 1902
New York Air Brake®.................................
174: Nov., 1901
New York Central........................................
76; Dec., 1905
New York, Chicago and St. Louis.............
124} Jan., 1902
Now York, Chicago and St. Louis 1st pf100 Aug., 1902
New York, Chicago and St. Louis 2d pf...
50} Jan., 1906
New York Dock............................................
85$ Sept., 1906
New York Dock pf........................................
420 Apr., 1901
New York and Harlem................................
141} Apr., 1902
New York, Lackawanna and Western.. . ,
255 ....d o
Now York, New Haven and Hartford.. . .
173 June, 1901
New York and Now Jersey Telephone___
64 Oct., 1904
New York, Ontario and Western...............
40 Sept., 1905
Norfolk Southern..........................................
97$ Oct., 1906
Norfolk and Western...................................
98 July, 1902
Norfolk and Western p f...............................
134 Sept., 1902
North American............................................




;

2469

Range of prices since 1900—Continued.
Low.

84
105
171}
161
62

Date.

High

Date.

Oct., 1907 Northern Pacific..................
*700 May, 1901
Mav, 1901 Northern Central.................
250 July, 1902
Sept., 1900 Ontario Mining....................
13 Sept,, 1901
Jam, 1902 Pacific Coast..........................
142 June, 1900
Nov., 1903 Pacific Coast 1st pf________
108 Feb., 190,5
12 June, 1900 Pacific Coast 2d p f................
135 May, 1906
90 Sept., 1903 Pacific Mail............................
57 Nov., 1900
170 Sept., 1902
65 May, 1902 Pennsylvania Railroad........
120 June, 1901
li June, 1904 People's Gas, Chicago._____
Peoria and Eastern..............
50 Sept., 1901
Do.
2;
106 Feb., 1905
33 Oct., 1907 Pere Marquette....................
93 Sept., 1902
127; Oct., 1901 Pere Marquette pf................
132 Apr., 1905
9} June, 1904 Philadelphia Rapid Transit
4 June, 1900 Pittsburg,Cincinnati,Chicago and St. Louis. 105 Sept., 1902
9} Aug., 1904 Pittsburg, Cincinnati, Chicago and St. L. pf. 128 May, 1902
21 May, 1905
148$ Oct., 1905 Pittsburg Coal......................................
SO
,
65 June, 1903 Pittsburg Coal pf.................................
195 Nov., 1901
10} Sept., 1900 Pittsburg, Fort W ayne and Chicago
64 Jam, 1906
30$
Pressed Steel Car..................................
Do.
105 Feb., 1906
Pressed Steel Car pf.............................
15
Do.
268 Sept., 1905
38} Oct., 1900 PulLman Company...............................
72 Feb., 1904 Quicksilver.............................................
& May, 1901
12 ....... do........
43} Nov., 1904 Quicksilver p f........................................
100 Aug., 1905
58 Oct., 1907 Railroad Sec., 111. Cent, stock ctfs...
63 Dec., 1905
14} Apr., 1900 Railway Steel Spring®.........................
107 Jan., 1906
43 Mar., 1904 Railway Steel Spring pf®....................
164 ....... do.........
90 Oct., 1907 Reading..................................................
97 Sept., 1905
Do.
Reading 1st pf.......................................
m
102 Jan., 1906
114 Aug., 1907 Reading 2d p f........................................
215 Oct., 1901
40 Nov., 1900 Rensselaer and Saratoga....................
15 Apr., 1905 Republic Iron and Steel®....................
4L Dec., 1906
110 ; Jap., 1906
50 June, 1905 Republic Iron and Steel pf®................
53; Jan., 1903
99$ Dec., 1901 Rock Island Co.....................................
91$ Apr., 1905 Rock Island Co p f................................
862 Nov., 1904
140 Apr., 1901
98 Apr., 1903 Rome, Watertown and Ogdensburg.
109: Apr., 1905
30} Jan., 1900 Rubber Goods Mfg. Co. pf®................
Do.
125 Apr., 1902
58
Rutland pf............................................
50$ Jan., 1904 St. Joseph and Grand Island.............
27 Jan., 1906
110 June, 1900 St. Joseph and Grand Island 1st p f..
81? Sept., 1902
99 Jam, 1900 St. Joseph and Grand Island 2d p f. .
42 ....... do........
9 June, 1903 St. Lawrence and Adirondack...........
141} Feb., 1902
571 Nov., 1903 St. Louis and San Francisco 1st p f..
90 July, 1902
Do.
23*
St. Louis and San Francisco 2d p f....
80$ ....... do........
17 Oct., 1907 St. L. and S. F., C. and E. 111. stock ctfs___ 194- Jan., 1005
Do.
St. L. and S. F,,C. and E. 111. pf. stock ctfs. 135 •Aug. 1905
63
39} Apr., 1901
HI Jan., 1903 St. Louis Southwestern............................
30$ Mar., 1907 St. Louis Southwestern p f.......................
80 Sept., 1902
180 Feb., 1905 Sloss-Sheilield Steel and Iron Co............
118} Feb., 1905
10 Jan., 1900 Sloss-Slieilield Steel and Iron Co. pf___
130 ....... do.........
62$ Oct., 1903 Southern Pacific.........................................
97? Sept., 1906
7 Sept., 1900 Southern Paciiic*pf...... ............................
122 $ Dec., 1905
Do.
Southern Railway extended....................
27}
421 Jan., 1906
3} May, 1900 Southern Railway pf., extended.............
103 ....... do.........
14} Oct., 1900 Southern Ry., Mob. and Ohio stock ctfs
99} Feb., 1906
42 Mar., 1903
8 Sept., 1904 Syracuse Lighting.......................................
48 Nov., 1903 Tennessee Coal and Iron.........................
166 Nov., 1906
6 May, 1905 Texas and Pacific....................... ........ ...'
54$ Sept., 1902
65 May, 1900 Texas and Pacific Land Trust! ! ! ! ! ! ! ! ! ! ’
88 Oct., 1906
91 Mar., 1904 Third Avenue...............................................
141 Dec., 1905
12 Oct.. 1907 Toledo, Peoria and Western. . . . . . . . . . . .
20 June, 1902
Do.
40
Toledo Railways and Light......................
38 Sept., 1902
197 Jan., 1900 Toledo, St. Louis and Western................
43$ Apr., 1905
45 Aug., 1907 Toledo, St. Louis and Western pf............
65 ....... d o ........
68$ Sept., 1900 Twin City Rapid Transit....................
129 Aug., 1902
4 Mar., 1907 Twin City Rapid Transit pf.................
100 Nov., 1001
83 May, 1901 Union Bag and Paper C o .« .....................
25 Feb., 1900
671 Dec., 1901 Union Bag and Paper Co. pf.®..........
85 Apr., 1902
35 Aug., 1907 Union Pacific.........................................
195$ Sept., 1908
16 Jan., 1904 Union Pacific p f.......................................... !
1011 Feb., 1905
45 Mar., 1904 United Fruit Co........................ ! ! ! ! ! ! ! ! ! ! !
114} ....... do........
5 Apr., 1904 United Railways of St. Louis p f...".!.’ ! "
874 Jan., 1900
102 May, 1903 United Railways Investment....................
98 ....... do.........
33 Oct., 1907 United Railways Investment p f......... ! ! !
94} Dec., 1905
76} Aug., 1907 U. S. Cast Iron Pipe and Foundry®........
53 Jan., 1906
14 Sept., 1900 U. S. Cast Iron Pipe and Foundry pf.®..
97$ Apr., 1905
47 Oct., 1900 United States Express...............................
IC
O Aug., 1902
20$ Sep’t., 1904
9 Sept., 1900 United States Leather®..............................
Do.
United States Leather pf.®.......................
119 Nov., 1905
Jan., 1W0 U. 8. Realty and Improvement Co..........
98} Mar., 1905
Sept., 1905 U. S. Reduction and Refining®.................
442 Mar., 1902
Apr., 1904 U. S. Reduction and Refining pf.®...........
84 June, 1906
59} Oet, 1906
108*1 Oet., 1907 United States Rubber................................
1184 Apr., 1905
23 June, 1900 United States Rubber 1st pf.....................
Do.
87} Jam, 1906
United States Rubber 2d p f...................... .
79$
55 Apr., 1901
8 Oct., 1907 United States Steel..................................... .
113$ Jam, 2906
75 Oct., 1903 United States Steel pf................................ .
100 Apr., 1905
Nov., 1903 Vandalia R. R ...............................................
10}
76$ Apr., 1902
74$ Dec., 1901 Virginia-Carolina Chemical.........................
134$ Sept., 1902
311 Dec., 1902 Virginia-Carolina Chemical p f....................
97 Jan., 1907
15 Aug., 1907 Virginia Iron, Coal and Coke......................
33$ Jan., 1903
25 Oct., 1907 Vulcan Detinning®......................................
81} Dec., 1902
80$ Sept., 1906 Vulcan Detinning pf. ®.................................
38.3 Sept., 1902
88 Oct., 1907 Wabash...........................................................
55} Feb., 1903
99} Aug., 1907 Wabash p f......................................................
305 Oct., 1906
ll June. 1900 Wells-Fargo Express....................................
44} June, 1906
Western Maryland
Do.
75
l o o ; May, 1901
Western Union Telegraph........
Do.
29
233 Sept., 1902
Westinghouse E. and M ............
12 Feb., 1902
231 Apr., 1902
Westinghouse 1st p f...... ...........
Do.
39}
30$ Sept., 1902
365 Mar., 1907 Wheeling and Lake Eric...........
66 Apr., 1902
127$ Nov., 1906 Wheeling and Lake Erie 1st pf.
42J Sept., 1902
139 Oet., 1907 Wheeling and Lake Erie 2d pf. .
33} Aug., 1905
108 Mar., 1907 Wisconsin Central......................
18$ June, 1900 Wisconsin Central pf.................
64} Oct., 1905
40 Sept., 1905
22$ Jan., 1900
Do.
67
a Unlisted.
t Cash sales $1,000.
50 Aug., 1907

1

Low

Date.

45} Sept , 1900
150 June 1904
1 Oct. 1905
37 ! Sept , 1903
80 July, 1903
50 Aug. 1903
17
Do.
110 Nov. 1903
79 Oct., 1907
5 Juno 1900
20 Jan., 1900
54) Mar. 1900
112 June 1905
49 Sept. 1900
75 Oct., 1907
73 Aug. 1907
44$ Oct., 1907
163
Do.
18
Do.
62i Nov. 1903
14 8 Oct., 1907
5 June, 1904
21 Mar., 1905
85 Mar., 1993
16 Sept, 1903
67 Nov., 1903
15 Sept. 1900
49 Jan., 1900
231 Sept. 1900
193 Aug., 1900
52 Nov., 1903
36$
Do.
14? Oct., 1907
40$ Aug., 1907
130 Aug., 1903
G July, 190fi
O
25 June, 1907
5 May, 1900
32 Oct., 1903
Ilf June, 1900
50 May, 1902
58 Oct., 1907
29 Mar., 1907
148} Sept. 1903
120 Aug., 1903
8$ June, 1900
DO.
21 }
17} Oct., 1900
59$ June, 1900
29 May, 1901
107 Oct., 1907
103 June, 1900
43$ Oct., 1907
85 June, 1903
40 Apr., 1903
25} Nov., 1903
13} June, 1900
111 Jam, 1900
25 Oct., 1907
10 Jam, 1900
11 } Oct., 1907
10$ Feb., 1901
24 Sept., 1903
61} July, 1900
136 Jan., 1900
3} Aug., 1904
45 Feb., 1904
m Jam, 1900
704 Junc, 1900
94 Oct., 1903
80 Jam, 1905
9 Dec., 1903
27 Oct., 1907
6 Sept., 1903
33 Nov., 1903
45 Mar., 1900
6 Sept., 1903
65 June, 1900
41 Oct., 1907
Dc.
9
Do.
23}|
July, 1903
75 Oct., 1907
Do.
l i May., 1904
49$ Nov., 1903
83 Mar., 1906
16 Oct., 1907
80 Aug., 1903
17 Sept., 1903
2$ Oct., [007
45 Nov., 1904
64 Mar., 1900
15$ Oct., 907
120 Tune, .900
6 Oct., 1907
65
Do.
108
Do.
157 Mov., 901
0 Oct., 1907
15
Do.
10
Do.
10 Sept., 1906
30 Sept., 1906




CONGRESSIONAL RECORD— SENATE.

2470

F ebruary 25,

A ppendix G.
[No.

220.— November 30,1907.1

[Over $350,000,000 in dividends are distributed annually by the railway and industrial corporation stocks represented in this report.]

Quotation record.
These columns show only,
the amounts listed on
the New York Stock
Exchange.

Highest and lowest prices.

12
13
14
15
16
17
18
19
20

21
22

Chicago Union Traction Pref...........C T X .
Cleveland C C A St Louis.................... U C.
Colorado Southern Ry C o ...
.. ..L ADo
do
1st Pr...........C X 1st Pr.
Do
do
2d Pr............... O X 2 d P r .
Delaware A Hudson Co. . . . . - ............. D H Delaware Lack .A Western R R .......... D LDenver & Rio Grande R R ................... •••_£•
Do
do
Pref..................... D P r ..
Duluth South Shore A Atl R y .......
Do
do
Pref............ D b Pr..

23
24
39] I 27}' 511
25
91ii 8 3 } 91*
26
22]1 U] 221
27
46] 21
"
28
501
52?
37|
29
851
- 83
Do
1st Pref....................... E l t Pr..
30
7811 55}
Do
2d Pref..................... Pr-31
335 236 348
Great Northern Pref........... ...- G N R l r . .
32
385 15 : 53
33 Havana Electric C o .. .....................•
80"I 50 ; 97}
Ho
do
Pref.................H N P r ..
34
12111 801! 135
35 Hocking Valley Ry Co ....................n v P r ''
97} 90 ! 99
„„
Do
do
Pref....................H V P r ..
36
37 ! Illinois Central R R Co......... -■.............
55T
100
38 ! Interborough-Metropohtan Co. . . . . . . I B .
37*1
100
Do
do
Pref...........I B Pr.
39
34}100
.1 A ..
40 ! Iowa Central Ry Co.
63]
Do
do , Pro!..................I A Pr.. 100
41 ’
36}i 22}; 37
100
42
71
70
100
osp .
43 KMS ? CBy< r ‘ MiT S J: : : : : : : . K s K u . . 100 : 106 91 I 92
J 5 | u t o ^ * W » W ; K T | T . ......... E W P r .
100 1 157| 134}! 156}
45 i Louisville A Nashville R R Co................. D100 ! 175 j 161 |162
46 : Manhattan R R C o .......................... - y G n
26
18} 29}
47 i Mexican Central Ry Co......................
48 ! Minneapolis A St Louis R R Co....... * J r '
8 9}! 164
49 i Minn St P A S Ste Marie R R - - - S M .. 100 145
183}
50 |
Do
do
P r e f ..,...- .M S M P r .. 100 173 148
22 h 25
29
44?
24
43|
391
51 ' Missouri Kansas & Texas Ry Co — . .. - K-- - 100
64}
72]
54
561
76
5 6};
73
52 j
Do
do
Pref................... K Pr.. 100 i
57J
48
85} I 92}
941! 1 06}!
53 j Missouri Pacific Ry Co...........................“ A*- 100 1 10 }
147
108 !.
149*! 133
137
158
54 I Nashville Chatt & St L R y . , . . - . - . - - - p H .. 100
3S
44}| 3 9 } 1
59]
3 1}! 5 9 }
47}
100
55 Nat R R of Mex 1st Pr.........M X O 1st Pr. 134*
9 9 }!
1 5 6 } 126
93}
56 I New York Cent A II R R R ............. C E N . . 100 1 1 67 ] 136}; 7 3 } 59
63*
19}! 24?
42 j
7 6}:
57 1 New York Chic A St L Ry Co.........- - - 8 L .. 100
4S
91}
41
80
7 4 i 02
95
100
58 !
Do
do
2nd pref...........S L P r ..
189
137
59 | N Y New Haven A Hart R R ............. N H .. 100 1 2 1 5 } 1 94 1 ! 2 0 4 ; 189*! 4 8 } 1 29} 3 1}!
57}| 43“
28
100 ' 6 4 1
60 N Y Ontario & W est R y Co....................O W . .
.56
65*
83 1 9 2 }
97|
76
88}
100
61 | Norfolk A Western Ry Co....... .............--N .
2 1 6 } 165 1 2 3 2 } 1 7 9 } 1 8 9 }1 100} 111
100
62 Northern Pacific Railway......................a P1 0 3 } 1 24}
75
1 09 }
7 8 } 142
100
63 | Pacific Coast Co„........................p *--j 450 }“* 1 31 } 147}! 122} 1 41} 1 06 } 16 7 }}
°° 148
11
64 | Pennsylvania R R Co
70}
79
164 ! 112
139 }
87}
143
50
Reading Co.................................. -92
73
9 6 ! 89
90
97
50
Ho
1st Pref.....................
69
90
94
84 i 102
671
101
50
Do
2d Pref...................... R G 2 d P r ..
30}
12}
23}
14}
32*
100
21}|
37*
Rock Island Co.................................... - ■- -T
“
34
64*
35}
69}
00
85
6 0};
Do
Pref..................... . . . R P r . . 100
60
70
60
58
67
72}
81}
100
St L A San F is t Pr..................S F 1st Pr..
48}
40*
30
27}
45
73}
51}
Do
2d Pr..................... S F 2 d Q ‘ - 100
Pi
14
25}
1 2}
20}
20 | 2 7 }
•27}
100
St Louis Southwestern..................... a b v r "
62}
49
25}
30
55 | 6 3 }
Do

do

Pref........................... » S P r

Sales.

j Last.

High.

o

B o n d s , e tc.

Capital
sto ck .

($ 1 03 ,001,000
5,250,700 1
77} 66} 67} 724 674* 72} 33,800
72
[ 114,199,500
79} 81
80]
78
78
4,700
80,400 (
85
83
4 7 .5 8 7 .6 0 0
91.223.000
63
6!)
59
63
900
177,100
70} 58
59
78
82
76} 82
75}j
4,800
949,600 \ 238,468,500 (1 5 2 .1 7 5 ,8 0 0
77} 82
t 6 0 ,0 0 0 ,0 0 0
7o
77
77
75
80
76
600
9,800 f
80
4 5 .0 0 0 . 000
2,286,100
33} 26| 29} 33} 28} 32} 37,800
71.521.000
29
1 2 1 ,6 7 9 .8 0 0
1,640,200 .
5,100
144 150] 138 1142 149} 141} 148]
59
1 5 . 0 0 0 . 000
52
59
17,100
200
52} 52}
59
2 0 , 000,000
55
6 2 ,7 9 3 ,7 0 0
5,200
729,800
83.461.000
20§ 29*: 23£] 24} 26* 24} 26}
1 8 .5 6 4 .0 0 0
19,900
59.350.000
12}
8} 94 Hi! 9 Hi 1,000
9}
4 4 .4 6 5 .1 0 0
241,009
7
7]
6 ; 7 71 6 ■ 7} 2.600
5
1
1 1 .3 7 2 .4 0 0
25,200
29} 25 I 251 27
27
500
27
25
8 3 .1 0 7 .1 0 0
4,583,300
98} 1044 93} 954 99} 93} 99? 81,300
4 9 .8 9 1 .4 0 0
136 130 | 132 132 130 131
1,500
77,900 | 108.465.000
135
9 9 ,5 9 1 ,9 0 0
530,200
5,900
205 126 134 128} 130 134 129 134
102.609.000
195
2 2 .3 9 5 .1 0 0
4,700 |
179
1 7 .6 0 0 .0 0 0
9
11,900
100
10} 10} 10} 10} 10} 10}
25
12 . 000 .
000
141
52,000
19i 1U
48
48
50} 48
4 7 ,0 5 6 ,3 0 0
50?
63;500
74,838,000.
92} 4% 51
2,700
18} 17
3 1 .0 0 0 .
000
38J 18
17?
4,400
219.200
17} 171 17
42
8 .5 0 0 .0 0 0
43
41} 43
694 424 44} 41
1.400
47.400
29.103.000
8 .5 0 0 .0 0 0
32
584 31] 34} 29} 30
116,800
294 32
5,900
4 2 .4 0 0 .0 0 0
2274 123 133 124 130 133 127 133
363,600
5.300
37.617.000
: 510 3694 410 399} 400 410 400 410
2 6 .2 0 0 .0 0 0
17,360
800
46;582,000
16
19} 16
3 8 .0 0 0 .
000
19}
4,600
207,700
42* 17* 19} 16
84,384,500
53
6L
54
4 5 .7 .5 4 .4 0 0
83
58
55} 53
55}
900
29.300
8]
7§
1 2 ,0 0 0 ,0 0 0
19)
6}
21,300
8}
10.000, (X
)0
39' 124 13} i
12! : 11
12}
1,600
19,200
H!
'1 1 2 .3 7 8 ,9 0 0
i
38* 44= 16} 18] ; 12] 12}! 15! 125 ! 15} 7,800 2,081.300:
40! j 28
29: i 33; i 29. 33:
4,400
1 7 j 37
-5
186.800 207,126,000 4 7 .8 9 2 .4 0 0
20
27- 28
214 23i 21
} 67
1 6 .0 0 0 .
0 00
23]
1.200
134,800
1 4 9 .8 3 6 .6 0 0
189: 105 115; 108} 1121 115} 109 115} 19,900
2,075,400
} 47
i ?4
24)
[ 7 ,5 0 0 ,0 0 0
8n
on
6 .9 0 7 .0 0 0
861 72
s,8nn
I 7H
I 5,000.000
65
74
63
63 1 63
f 11,000.000
P
500
100
63
* 115
1 7 .9 5 6 .0 0 0
64
65
I 1 5 ,0 0 0 ,0 0 0
4 94
70)
651 65
8,300
1,600
65
65
9.5,040; 0 0 0
172 118 125 116 118 : 122 1 11711 123
800
74,700
116, .537,000
5
4
3
2,600
9 3 .2 6 2 .1 0 0
643,300
33?' 39
6 ! 5-r 5
5l
6
6 7 .8 2 5 .0 0 0
15
18)
1 75
15
18) 15
1,600
4 5 .7 4 0 .0 0 0
70|
18;
356,500
12
12
29
10 ; 94 10}
24
8 ,5 2 4 .4 0 0
1,100
73,600
»} 10
9 .6 5 0 .0 0 0
3« \. . . .
51
48
5 ,6 7 3 .3 0 1
52,300
1 37
18
23i 20} 21
3 0 .0 0 0 .
000
23. 20} 23 \ 1,500
134,600
-I 30
3 0 .0 0 0 .
0 00
45
61
51
48
48
2 1 . 000 .
000
50 » 48
162.400
50J 1,000
67
40
40 i 39]i....
1 1 .8 4 0 .0 0 0
.............
13.375.000
. 40 1
2.800
97}! 85}
136} m
6 0 .0 0 0 ,0 0 0
92} m
92}
1 3 8 .3 1 7 .0 0 0
388,300
112 j 105
140 146
6 0 ,0 0 0 ,0 0 0
111 i 111
n o
3 8 .8 8 3 .0 0 0
110
300
7 7 ,6 0 0
14]! 1 2 ] 1 1 2 }
1 1 271
8
1 3 } ! 1231 1 3 }
5 9 .1 2 7 .1 0 0
6 ,6 0 0
9 8 .9 1 1 .0 0 0
2 8 5 ,1 0 0
2 8 }; 2 8 }
59
58
6, 000.000
48.700
100
2 1 .4 0 5 .0 0 0
m 2 8 }, 2 8 } 2 8 }
8 1 }; 68 ! 70
134
140}
60
1 4 .0 0 0 .
0 00
81}
68 j 7 3 ]
133.200
2 ,3 0 0
4 6 .3 0 9 .0 0 0
100
120 ! 115]! 116 | 119 1 116 j 119
163} 168
7 . 0 0 0 . 0 00
500
66,000

Pref.

do

i

108}
101§
1331
122
94}
8S|
1954
65}
56
27}
18
71}
1574

Atchison Topeka A Santa Fe R y.............A.
Ho
do
Pref................ A P r.
Atlantic Coast L in e ..— ....................
Baltimore & Ohio Railroad.................. B O ..
Ho
do
Pref.................B O F r ..
Brooklyn Rapid Transit......................
Canadian Pacific Railway....................C A ..
Canada Southern Railway.................... -Ob
! Chesapeake A Ohio Railway............. ..C o . .
1 Chicago & Alton R R Co................... A L I ..
Chic Great Western Railway......... ...G W ..
Ho
do
Pr. A . . . . . . . . . G W Pr A ..
Chic Milwaukee & St Paul R y .........- ■- o T ..
Ho do
Pref........................... S T Pry.
Do

0
►
5

w

to date.

100

.............. S I ’ .. 100
74 ; Southern Pacific............
100
75 I Southern Ry C o..................................... S It..
Pr.. 100
76 |
Do
do
pref...........................
100
, Texas A Pacific................................
78 < Toledo St Louis A Wn R y.............T O U-. 100
79 ! Twin City Rapid Transit....................1 y •. 100
80 i Union Pacific..........................................p • inn 100

100
100
Co............................................ W A ..

Wabash R R
Do
do
Pref......................W A Pr.. 100
Wheeling A Lake Erie............................W L .. 100
Do
1st Pref....................W L 1st Pr.. 100
100
Wisconsin Central.........................................W C..
Do
do
Pref........................W C P r. 100

m
m

38
102}

57}
97}
2 8 1 4 2}
103
95

61
31?
93}
28
25}
102

96}
34
94}

63}
11
37

37}
33}
108V

W}
72

17]

41
43}
122 }

29}
34}
105

40}
40}
1 22 }

1 51 }
101 i
24}
48
19}
48

113
95}
17}
37
15
36

195 }
99}
26}

1 38 }
91}
18

183
96
18V

53?
21]
48*
33
64

36)
16
36

38*
16;
37;

23

27*
67

33}
64}

20
45

io o
8 !
14]

,51

44

251
5 1}

13
li};
28

16
40

I6j
44,

1
0

1
4

. .

20|
53
44}|
39*!
9 1 };
2 0 };
43 i
127?;
2 8 }!

21*:
54'|
52

2 4 };
2 1 }! 24
56 | 5 3 }
56
5 2}! 4 4 } 1 48
115
394!
39}
39*
39*
93* 9 6 * 1 9 1 } 96*
22}
223
24?
24}
44}
44}!
48
48
135 ! 135
134V; 1 34}
28}
31
28}| 31
62}
614! 62
62}

61 1
102*1 103?
56
65
103*1 108
72*
79?
73
73
67
68

71)
13
41
19)

19;
75
114}
80
9]
16*

7
16
w

1 1}
20}
60
24
11
25
64}
10
29}

6? i
111
8 7?
73
69

13?

26}
12

HI

32

11]
27}

27}

13?
32
60

28}
13
27.V

28}
13
27*

715

60}

Hi

26}
66*
10!
29]

26}
12
26
10}
29}

71i
in

33}
19

1 7}

18

17}
68}

17]
71

1 05}
75
8

109)
77)
8:

77)
8)

14J

15

15;

6}

1 0 3 } j 110?
64
07V
107} 110}
79}
87}
73
73
68
69

110 }

I

17?
17}
71

17]
731
114]

109?
75

!

8*
15

33}
19
17]
73j

8 ,2 0 0
1 ,4 0 0
4 8 ,5 0 0

5 1 ,3 0 0
1 ,0 0 0
800
800
2 ,5 0 0
900
5 8 ,4 0 0
1 ,4 0 0

200
7 ,3 0 0
2 ,1 0 0
2 ,0 0 0
200
1 ,1 0 0
4 6 ,9 0 0
5 ,1 0 0
3 ,2 0 0

11}

30

1M

4
14

516

5
14

5]
14

5]
15

10
2 4?
78

1 3 ];
27|;

11

1 5 .3 2 9 .0 0 0
4 7 .4 9 6 .0 0 0

498.322.000
1 9 .4 2 5 .0 0 0
3 .4 1 3 .0 0 0

20.000.
9 3 ,0 6 1 ,5 0 0
1 8 0 .0 3 4 .5 0 0
5 ,0 0 0 ,0 0 0
3 2 0 .3 6 4 .5 0 0

13.700 | 115,296,000
17.900
1 .0 9 0 .4 0 0
1 6 3 .1 0 0

5.700
9 7 .4 0 0

43.300
5 4 .6 0 0
6 ,8 2 6 ,0 0 0
1 .1 2 8 .4 0 0
1 6 9 .9 0 0

2 ,0 0 0
600
500

114* 310,200

[■ 2 6 5 ,2 7 4 ,0 0 0

300
100
1 ,3 0 0

n

1 9 7 ,8 4 9 ,2 0 0
(1 1 9 ,9 0 0 ,0 0 0
1 6 0 ,6 0 0 ,0 0 0

3 0 .7 0 4 .0 0 0
1 5 .5 0 0 .0 0 0

3 8 ,7 6 0 ,0 0 8
1 0 .0 6 0 ,0 0 0

20, 100,000
[1 9 5 ,4 8 9 ,9 «

2 7 0 .3 4 8 .0 0 0

jl 9 9 ,5 6 9 ,3 0 0
J 5 2 ,1 6 9 ,7 0 0
9 1 .5 5 4 .0 0 0 I 3 8 ,1 6 9 ,7 0 0

4 9 .8 0 0

30.700
25,200

66 , 000.000

| 1 4 5 ,6 8 7 ,0 0 0

1 7 .0 8 6 .0 0 0

21.300
300

j

2 4 ,3 4 7 ,0 0 0

If 20,000,000
\

4 ,9 8 6 ,9 0 0

f 1 6 ,1 4 7 ,9 0 0
1 1 ,2 6 7 ,2 0 0

{

INDUSTRIALS.
88
89
90
91
92

! Allis-Chalmers Co........................ ....... A H ..
i
Do
do
Pref...................A l l P r ..
| Amer Agricul Chem Co..................... A G R ..
I American Car A Foundry.................... A F.
i
Do
do
Pref.................... A F Pr.

100
100
100
100

100

2 4] ; 13
68 1 4 6 }
20
29
31
431
! 104] 1 9 1 }

34|
47)
105

20
3298)

25
43
103

♦Not listed.

10

5

5

14
10

15
12

12
25
27 1 IV
27
80 j 83‘ j 85 j 82}; 82
10
2 4?

500
600
500
5 ,0 0 0
700

1 0 8 ,8 0 0
1 * ,r
e 360 i ) * 1 5 ' 0 0 0 - 000
3 3 .4 0 0
6 2 8 .2 0 0
4 3 ,3 0 0

000 ’

1 5 5 ,0 0 0 .0 0 0
7 .0 0 0 .
000
3 1 4 ,5 4 7 ,5 5 0
[ 7 0 ,0 0 0 .0 0 0
28 , 000,600
I 4 2 ,0 0 0 ,0 0 0
8 9 .6 2 2 .2 0 0
4 9 .0 6 1 .2 0 0
5 .0 0 0 . 000

16.356.200
19,893,700

146.000

000

1 1 . 000. 000

4 1 ,7 2 1 ,5 0 0
3 2 2 .7 2 2 .0 0 0

0 00

' 9 8 ,4 0 9 .5 0 0
58
000.1 1 3 .9 0 0

1 6 ,0 0 0 ,0 0 0

3 2 ,0 3 8 ,0 0 0
2 8 .2 0 0
9 8 ,1 0 0

15i

2 8 .8 3 2 .9 0 0
1 7 8 .6 3 2 .0 0 0
1 4 .0 0 0 .

!•

7 3 .0 0 0
9 8 .8 0 0

75
8V

10. 000.

| 1 3 5 ,7 0 1 ,0 0 0

213.600

7*

11
30

7 7 ,4 5 0 ,5 0 0

8 .3 6 3 .4 0 0
3 6 ,2 0 0 ,2 0 0

TO
O

i:u

13}

6 3 ,3 0 0 ,3 0 0
1 3 .0 0 0 .

1 8 7 .1 2 2 .0 0 0

2 1 4 .2 0 0
4 ,6 1 5 ,6 0 0
3 2 ,5 0 0

1 54 ,30 0
5 4 9 ,9 0 0
400

1 0 2 .2 0 7 .0 0 0

1 ,2 9 6 ,1 0 0
9 0 .3 0 0
6 6 3 .3 0 0
4 .2 0 0
1 9 .1 0 0
2 ,0 1 2 ,7 0 0
5 3 .7 0 0
1 1 .4 0 0
1 9 .1 0 0
1 8 3 ,9 0 0

\

/ W . 8 2 0 .0 0 0
1 6 ,1 5 0 .0 0 0

......................
1 7 .1 1 4 .l0 d
i
3 0 .0 0 0 ,0 0 0
......................
3 0 ,0 0 0 ,0 0 0

.

11

Sales

i

i

Low.

High.
8

9
■
'
10

Week ending Nov. 29.

Novem­
ber, 1907.
j Open.

To Oct.
31, 1907.

Names and abbreviations.

1908.

CONGRESSIONAL RECORD— SEN ATE.

2471

Appendix G—Continued.
Quotation record.
Highest and lowest prices.

93
97
99

100
101

102
103

10-1
105

ICS
107
its

109

110
111

112
113
114
115
116
117
118
119
120
121

122

123
124
125
126
127
128
129
150
131
132

133
134

135
136
137

138
139
140
141
142
143
144
145
140
147

148

149
150

3

m

4
to
a

i

H

3

industrials—
continned.
Amalgamated C
opper Co................. C.. S100 90| 70 118}
Am
erican Cotton O C
il o..................AO.. 100 38 27? 44}
Do do Pref..............AoPr.. 100 97 89} 95
Am
erican Ice Securities C
o............... 1 S.. 100 36 24? 96
Am
ericanLocomotive..................AL O.. 100 76} 33 781
Do
Pref............ ALOPr.. 100 122J 103} 120}
Am Sm
elting &Ref......................A R.. 100 170 79} 174
Do do Pref................ ARPr.. 100 137 111} 130
A Steel Foundries........................... FY..
m
100
of 15}
Do do Pref................F Y Pr.. 100 £! 35} 53}
Am
erican Sugar Refining Co.............S.. 100 154} 130 157
A Tobacco Pr New.................A T Pr.. 100 109} 911 109
m
Am
erican W
oolen Co.................. w 100 Y471 20} 48
Do
Pref................WY Pr.. 100 10s| 93 110}
Anaconda C M
op ining.................AN C.. 25 73} 25} 75
Central Leather Co..................... C 100 L 471 40 49}
Do do Pref............CL Pr. ! 100 105} mi 1074
C
olorado Fuel &IronCo................. CF. 100 59 38 S3*
Consolidate 1Gas C N Y.................. Q. 100 214 175 1S1}
o
Colum HockC AIron................. III..100 20 11} 30}
bus
oal
It.,
Coni Products RefiningCo................... C 100
28
Do do Pref.............CR Pr. 100
85}
Distillers' SecuritiesCorp...............D It., 100 54} 3 * 74}
4
E.
G
eneral Electric Co........................... G 100 192 169 184
international Paper Co.......................IP. 100 25} 18} 26}
Do
do
Pr............I P Pr. 100 88} 76 90
.
M
ackay Com
panies.......................MK 100
Do do Pref.....................MKPr.100
National Biscuit Co................... B I 100 691 52 79}
Do do Pref...................... B 1 100 120} 110 118}
Pr.
National Lead Co............................. LT. 100 891 24* 95}
Do do Pref.................L T Pr 100 111} 97f 106'
NewYorkAir Brake Co..................AB. 100 16} 140 163}
North Am
ericanCo..... ................ N A. 100
Pacific M Steam Co.................. P. 100 107 95} 107
ail
ship
511
53} 33
Peoples G Light ACoke...................PO 100 1151 97} 103
as
.
Pressed Steel C Co...................P R S 100 53 34 65$
ar
Do
Pref................... P R S Pr. 100 10l| 87 105
Pullm Co................................. pp. 100 253 230 270
an
Railway Steel SpringC
o......................Ry ’100 631 30 62}
Do
Pref......................It Y Pr 100 106 93 107
Republic Iron ASteel Co.............R B C 100 36} 15 41}
Do
Pro!........... RBCPr. 100 103 67 110}
Sloss-Sheflleld Steel Air...............SL S 100 118} 60 971
Tennessee C AIron R R.............. TI. 100 14S 68 105
oal
U S Cast Iron Pipe.....................CI P 100 48} 191 53
Do do Prof...............CI P Pr. 100 97} 79}
U S Realty AImprovement................RL. 100 98* 77 96*
94*
United Ry's Investment.............. U W 100 921 211 98
.
I)o
I’rcf......................UWPr. 100 94* 64? 93*
US RubberC
o............................. RU. ! 100 581 33} 59}
Do 1st Pref............... R U1st Pr. 100 118* 9S| 115
U S Steel Corporation....................... U 100 44} 24} 50}
S.
Do
Pref.................... USPr. 100 107 90} 113}
Virginia-CarolinaC
hurn..................VC. 100 58$ 28} 58
D
o
Pref...................... VCPr. 100 llSjf 103} 1171
W
cstinghouse E AMAssent......... WX . 50 184 152 176
W
estern Union Telegraph..... .......... W. 100 95} 92 94}

92}
28
90
35}
53}
1081
13S*
112
9}
40
127}
96
2S
101
55*
33]
98}
40}
130}
17
18}
72
SI*
156
10*
80

121}
30}
90

8
8

75}
111}
155
117}
10]
471
137}
98}
36*
102}
75}
40
102
57}
140}
28]
24}
88
78
163
18}
81
75}
71
£6}
117}
76}
103
141}
89}

62
113}
66
100}
133
871
23} 41}
88 93}
57
43
991
95
180 181}
44
97] 99}
41}
91 100
68} 77}
129 162
43} 49}
83} 89
75
90}
50
62
55
71}
38
52*
104} 1095
321 50?
93} 107]
31
39}
104 10S
140 154
S3* Mi

Week ending Nov. 29.

Novem­
ber, 1907.

i

i

►2

w

J

41?
23
82
8}
35
83
61}
81}
4?
23
97
60
13}
69}
25}
12}
73
14}
74
15}
8
46
37]
89*
9
60}
40
50
58}
103
35
£0
60}
41}
193
70}
16}
67
137
21
75
12
50}
26
130
17
49}
37
12
20}
16
61}
21}
81}
13}
77
34}
62

52
26}
80
13
40
93}
71}
90
6
31}
106
67
141
73
34}
14
75
17}
961
19
10J
53
43}
114}
10}
62
49}
55
63
102}
40]
85
68}
45}
22
78
18}
71
140
26}
72
17
60}
38}
135
20
55
47
14?

44}
21
70
10}
32}
84
58}
83}
4|
20
99?
60
12}
68
291
ll|
68
14
80*
15
83
48

3

7o|
25}
85}
16}
93
54
65

373
103*
7}
51
43
51
59
90
33
83
55
37
19
71
15]
64
135}
23
72
12*
54}
29
98
17?
49
30
101
20
H}
62
22} ,
791
12}
75
32
*58

Sales
Jan. 1,1907
to date.

■s
s

i
0

47
24}

50?
25}

46}
23}

11}
34
85
61?
851
5}
26
101?
64
12?
681
31?
12}
68
16}
85
15?
0}
50
38?
105}
8}
52
49*
53
61
93
351
85
60
39}
19
72}
lb]
66
139
24

12
36}
85
69?
90
2?!
104}
64
13}
68*
33}
131
711
17
94
15?
1U
1
50
41}
1141
9}
57}
491
56
64
96
40}
85
61*
44
21?
76
17}
66
139*
25

10?
34
85
61?
8o|
5}
20
101}
62
12}
68*
31
12
68
14
84
15]
9}
48
38?
1051
8}
51
47}
53
61
93
35}
83
65
391
19
71
15?
04
138
23?

13}
57?
31

16
59
34}

13}
57}
31

17?
40?
375
10}
21
14
64
23}
81
14}

18}
51
40
12
23
17
66?
25}
85
10*

17?
49]
37}
10}
20
14
64
22?
80*
14}

36
61

40
61

36
54}

50} 133,500 18,902,400
$153,287,900
25}
2,000
168,000
' 20,237,100
$5,000,000
80
3,900
10.198.600
12
2,400
2,655,000
60,000
19.037.700
36}
2,200
408.600
25.000.
000
85
100
32.100
25.000. 000
69? 144,700
9.155.500
I 50,000,000
90
3,400
200.700
\ 50,000,000
51
100
38,000
15.810.000
27}
600
51.300
17.240.000
103?
5,000
622,000
45.000.
000
64
1,500
116.900
103,847,500
78.689.100
13}
800
135.100
/ 29,501,100
68}
100
44,900
\ 35,000,000
33} 11,700
3.877.500
30.000. 000
13}
4,300
348.700
| 34,025,000 f 38,409,800
71}
1,100
63,600
\ 30.678,500
17
9,500
7,505,000
807.700
34.235.500
94
1,900
232.100
19,857,500
80.001.000
15?
100
87.300
6,928,000
| 2,173,000
101
1,800
257.300
49.218.200
4S
600
91.700
28.392.500
411
8,400
547.700
13.609.000
30.724.900
114}
3,500
253.900
2.047.000
65.167.400
9
1,000
135.300
17.442.900
14.724.000
57
2,300
48.400
22.539.700
48}
400
82.300
4 1 .3 8 0 .4 0 0
55
500
55.100
50.000.
000
64
300
144.900
29.256.000
96
300
7,300
24.104.500
40} 10,000
456.400
20.713.600
83
200
34.200
24.463.600
61}
8,700
216.500
10 000
000
44
1,500
134.800
29.779.700
21?
2,600
127.600
20 , 000,000
751
6,700
317.800
34,546,000 32.969.100
17}
3,600
282.400
( 12,500,000
64
500
28.700
\ 12,000,000
138
600
32.700
100 , 000,000
25
600
107.900
4,362,000
13.500.000
72
20.100
13.500.000
16
353.900
1,100
f 27,352,000
59
800
175.300 } 8,625, 000 L20,852,000
34}
349.300
1,200
10 , 000,000
100}
33,500
13,718,000
29.336.600
181
1,100
112.100
12.106.300
51
800
30^700
12.106.300
40
200
78.200
13,284,000
16,102,800
111
1,100
43.200
' 19,400,000
55.600
22
1,100
15,000,000
101.500
17
600
23.060.000
66}
100.700
1,600
36.263.000
25} 151,600 16,971,800
194,873,500 '508,495,200
84* 95,200
3,332,300
360,314,100
16}
500
111.400
3,000,000 i 27,984,400
85
23.400
. 18,000,000
40
500
84.700
19.531.000
23.933.200
58
3,200
G4,300
32.072.000
97.370.000

Bonds, etc.

Capital
stock.

. .

Dividends (income value or yield) earnings, mileage, etc.
Income values
and dividends.

Si
o

Names and abbreviations.

Income statement last fiscal
*
year.
Fiscal

o
* Divi­ year
« B dends ends—
2-o g - a a le
R e b '.
S

Atchison Topeka A Santa Fe Ry . A. SlOOj
do
do
Pref.................. A P r .
100
Atlantic Coast Line...........................AX . 100
Baltimore A Ohio Railroad.........B O.
100

Do

do

Pref............ B 0 Pr.

Brooklyn Rapid Transit.................. B.
Canadian Pacific Railway............ C A.
Canada Southern Railway............ C S.
Chesapeake A Ohio Railway....... C O.
Chicago A Alton R. R. Co........ A L T .
Chic Great Western Railway...G W .
Do
do
Pr. A ....G W Pr A.
Chic Milwaukee A St Paul Ity ..S T .
Do
do
Pref................ STPr.

Chicago A Northwestern Ry... .N W.
Do
do
Pref............N f f Pr.
Chic TermI A Trans Pref, .C G T Pr.
Chicago Union Traction Pref.. .C T X .
Cleveland C C A St Louis............... C C.




8.28
0.19
9.52!
7.32;
5.32

Charges.

Net.

Reported
gross
Date
earnings Mile­
of last
present age.
report.
fiscal
year.

Pay­
able.

Books Books
closed. open.

P.ct.
June 30

f 3 Dec. 2 Nov. 7 Dec. 3
...d o ..! $93,683,407 113,990,585 $35,568,674 Sept. 30 $24,005,568
\ 2} Aug. 1 July 5 Aug. 2
...d o .. 26,771,529 6,739,622 9,857,578 ...d o .. 6,064,430 4,34G 3 July 10 June 21 July 11
...d o .,
Sept. 3 Aug. 17 Sept. 3
!, 243,922 12,588,494 31,398,847 Oct. 31 30,231,938 4,006!]
...d o ..
...d o ..
...d o .. 19,936,752 6,026,386 8,471,047!............
557!.
4.70 A & O ...d o. .1 72,217,528 8,511,755 27,607,789 Nov. 21 32,233,904 9,199)
3} Oct 1 Aug. 31 Oct. 3

100
,

100!.

1001
10
0;
100
.
100-.
100..
100
100!

1
00;
100 ;

10
0!
100.
100.
100 !

J AD
FAA
JAJ
MAS
MAS

Gross.

Declared dividends and last
dividends paid.

Amount.

93
91

■>
§

(2

To Oct.
31, 1907.

Sales.

>
*
*

1906.

Last,

1905.

6
a

Open.

Names and abbreviations.

These columns show only
the amounts listed on
the New York Stock
Exchange.

4

F A A Dec. 31,
4
3.77 Nov June 30; 25,796,861
...d o .. 12,809,426
Mar. 30
9,139,087
18.50............ June 30
7.04: A A O I
__d o ..: ',548,554
5. 34- A A O ...d o ..
5.22; J AJ L.do..
4.10 QJan ...d o .. 1^,878,931
L..d o .. f 1,761,832
Aug, 3l! 12,308,334
7.92, M A S Dec. 31 24,594,916!

i

................. May 14 11,609,328
457
Aug. 1 June 28 (a)
8,656,491 Sept. 30 7,598,839 1,832) ! ! Dec. 12 Nov. 21
(°)
4,785,868 May 31 11,742,327
970.
r
1,090,269 2,555,279 Nov. 14 3,269,490
818,'j
\ 2} Apr. 1
6,942,140 19,930,784 May 31 55,669,422 7,049] 3} Oct. 3Aug. 21 Sept. 23
3}-...do . J ...a o .. Do.
3}July lJune 3 (a)
6,586,186 15,740,566! Oct. 31 25,769,884 7,623,
2 Oct. l Sept. 14 Oct. 18
657,800
478,12SJune 30 1,716,487
274!.
2,135,486 3,734,489;..
488!
li O 25 1900.’
ct.
4,306,040 6,370,772,Sept. 30 19,982,871 1,983
2 jSept. 3:July 31 (a)
7,262,638
2,327,028

Am ount.

Pay­
able.

Books Books
closed. open.

P.ct.
1

Oct. 1 Sept. 14 Oet. 2
Do.
J . . .d o .. .. .d o ..
21 Dee. 16 Nov. 25
(“)
Oct. 21 Oet. 3 Oct. 21
r 2i
j 21;July 15 June 26 July 16
965,173

593

t — ............. .............

14,760,1452,151 1 2 Oct. 1 Sept. 17 Oct. 9
1 2 iNov. 1 Oct. 10 Nov. 6
li| ...d o .. Oct. 15 Nov. 4
23,953,017,Oct. 31 23,784,493 5,982
193,577
51 1 11 Oct. 15 Sept. 30 Oct. 16
785,796'Feb. 14
f 2 July 15 June 22 July 16
2,642,677 Sept. 30 1,996,474
\ 2 .. .d o .. ...d o ..i Do.
3J Aug. 31 Aug. l! Aug. 22
19,363,683'Oct. 31 19,917,747 4,377
22,699,421 Mar. 31 43,353,841

65 | ij July

1,201,467 Nov. 14
1,367,608

Minneapolis & St Louis L R ^ o ..M S
Minn St P & S Ste Mane R E.M S M_
Do
do
Pref-M S M Pr Missouri Kansas & Texas Ry C o ... K.
Do
do
Pref.-.K rr.
Missouri Pacific Ry R °---............ n xr”
Nashville Chatt & St L Ry ..■ - - -C H. Nat R R of Mex 1st Pr.M X 0 1 s tPr..
New York Cent & II R R R- •-C E N ..
New York Chic & St L Ry C o . S L . .
Do
do
2nd pref.
S L P r..
N Y New Haven & Hart R R . . -N H ..
N Y Ontario & West Ry Co----- 0 W ..
Norfolk & Western R yC o.........- N
Northern Pacific Railway.............N P ..
■
Pacific Coast Co. . . - ..................... £
Pennsylvania R R Co............................ *a ..
Reading Co.........................
Do
1st Pref..........
Do
2d Pref.................R G 2d l r . .
Rock Island Co..............................
pref..................... ........ -t* **•'
St L & San F 1st Pr...........S ^ 1st p£'
St Louis Southwestern..............--•sTb1
Do
do
Pref................... S S Pr.
Southern Pacific.............................. ® 1 •■
Southern Ry C o ... .................. d o o k "
Do do
pref...................S R P r ..
Texas & Pacific....... .................. - - - ■-TToledo St Louis & \ n Ry — T 0 U. •
\
Twin City Rapid Transit............T W .
Union Pacific.................................. -* -V •
Do
Pref...............................V PrWabash R R Co. ..................
Do
do
Pref............. W A Pr.
Wheeling & Lake Erie.. . . . . . . . . . W L.
Do
1st Pref........... w L 1st Pr.
Wisconsin Central...................
Do
do
Pref..............W C Pr.

1,247,078

558

3,822,9471
Oct. 31

3,545,930

827 {

1 U May
i
l
3
u

1,001,157 1,451,318 Sept 30 3,818,511*
7,261,270 14,044,398 Nov 21 19,801,698 4,306
3,181,554 7,735,314 June 30 12,794,718
51
3 4,327,214 4 4,742,431 Oct 14 c2,523,548’3,203
1,171,645 1,609,480 Nov. 14 1,672,383, 798
2,901,921

5,510,607jNov. 21

_________ L ...............

1 June 10 July
1

1

1900

Oct. 15 Sept. 3( Oet. 4
July 15 June 2b (“)
Aug 12 July 22 Aug. 13
Oct
1 Sept, 13 Sept. 25

21 Jan. 15 1904
f 2 Oct. 15 Sept. 27 Oct. 16
5,287,696 2,232 | H . . .d o . . .. .d o . .
Do.

5,003,338 8,685,649 Sept. 30 6,791,607 3,072
48,703,343 10,544,824 19,471,555 Nov. 21 19,759,0936,375
12,238,472 1,894,331 2,526,711 Sept. 30 3,005.595 1,230
<15,874,669 4 2,465,600 c5,722,831 Nov. 14 e6,076,2571,730
Dec. 31 92,089,769 22,883,232 33,535,551 Sept. 30 74,000,624 3,774
..d o . . "
j 9,902,209 1,001,844 2,089,5461... d o .. 7,797,149 523
Mar .. .d o . .
Q Mar June 30 55,601,930 15,187,714 24,080,756! Mar. 31 40,996,938 4,310
July ...d o .. 8,202.361 1,356,950 3,011,732 Sept. 30 2,419,706 546
J & D .. .d o .. 31,164,381 3.93?, C G 10,742,79P...do .. 8,901,787 1,877
O
Q Feb ...d o .. 68,534,832 9,575,183 30,870,515! Aug. 31 13.102,3135,315
Q Feb .. .d o .. 7,406,495
250,000 1,489,673 Sept. 30 2,231,423 .........
6.33 M & N Dec. 31 148,239,882 35,625,954 46,434,238 .d o .. f!23,714,7723,764
4.57 F & A June 30
.do., 89,715,087 15,917,701 28,466,451 ...d o .. 11,734,376 4,298
5.48 M &S
.do.,
5.80 M & N
do.. 14,413,467 3,688,448
16,367,674 7,780
Q Feb .. .do.. / 60,238,420 11,151,266 19,939,460J
Q Jan .. .do..
(38,621,067 9,495,889 15,280,355;Jan.
28,649,607 5,062
Q Mar .. .do..
.. .do.,
|l0,553,135 I , 982,558 3,564,681 Nov. 21 4,349,777; 1,451
do.,
do.. 124,864,440 19,423,833 45,950,898 Sept. 30 34,254,658'.........
8.39...........
.. .do..
13,787,994 Nov. 21 23,750,2637,547
265,616
9*03 A & 6 .. .do.. }S6,657,994 II,
Dec. 31 14,914,608 3,043.220 5,115,702 ...d o .. 14,540,111 1,826
..... ............. [
June 30 4,181,9G
6
767,581 1,279,205...do .. 1,758.721 601
6.85 Q Feb Dec. 31 5,644,988 1,427,428 3,019,609 Nov. 14 5,253,550.........
8.73 A & O 'June 30
75,781,115 8,652,622 44,586,903 Sept. 30 2,419,7665,588
1
5.32; A & O

9 Oct. 19’
2JJuly 20June 20July 22
3 Aug. U uly 22 Aug. 2
1 Aug. 12 Aug. 5 Aug. 12
liO ct. 15 Sept. 30
4 Mar. 1!.
2 Sept 30 Sept
July 29July
2? Dec. 18 Nov.
lj Nov. 1 Oct
...d o J O c t.
Nov. 30 Nov.
Aug. lJuly
Sept. 10 Aug.
Nov. 9 Oct.
Nov.
Oct.
Dec.

16 July 29
30
12
17
4
15
24
22

li 1905
1 Sept. 16 Oct.
1 1905

D Oct. 18 Sept. 21

11 Nov. 15 Nov.
2 Nov. 30 Dec.
1 Sept. 14 Oct.

2 Oet.

9

............. : : : : : : :
*
1

INDUSTRIALS.

.




88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108

Allis-Chalmers Co..................... r i ^ I I Do
do
Pref............... A H f t .
Amer Agricul Chem Co.........- - A L RAmerican Car & Foundry....... - - -A t 1Do
do
Pref................. A F Pr.
Amalgamated Copper Co............... -C.
American Cotton Oil Co...............A O.
Do
do
Pref................. A 0 Pr.
American Ice Securities Co............. I S .
American Locomotive................A L O .
Do
Pref...........A L O Pr.
Am Smelting & Ref...................... A R .
Do
do
Pref.................A R Pr.
Am Steel Foundries......................F Y .
Do do
Pref................. F Y Pr.
American Sugar Refining Co............. S.
Am Tobacco Pr New...............A T Pr.
American Woolen Co...................W Y .
Do
Pref.............. W Y Pr.
Anaconda Cop Mining.............. A N C.
Central Leather Co....................... C L
I
Do do
Pref..................C L Pr.
110 |Colorado Fuel & Iron Co..............C F.
111 | Consolidated Gas Co N Y ................ G.
112 l Columbus Hock Coal & Iron........H I

.............
1 Sept. 11
. . .. .d o ..
25 Oct. 24'
1 1906.
2 Nov. 14
20July 10!July
26 Nov. S Nov.
;
21 Sept. 27 Oct.
1
1 8 ...do ..O c t.
1 Sept. 20 Oct.

‘i '

wm ."

22
27
23
16
2

!!!!"..*

2 Nov. 27 Jan.
1 Sept. 14 Oct.

3
2

is Sept. 26 Oct. 1<
16 Oct. 5 Oct. IS

2 Dec. 11 C
0 O
15 1902. I......... - •
16 Nov. 26 Dec. W
1 1904. I...........
1

2473

CONGRESSIONAL RECORD— SENATE

1908.

Appendix

G Continued.
—

Dividends (incom value or yield), earnings, mileage, etc.
e
Declared dividends and last
dividends paid.

Am ount.

| Index.

Par value.

Names and abbreviations.
Pay­
able.

Books
closed,

Books
open.

P. ct.
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
13.5
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150

Com Products Refining Co ........ C R .. *100
Do
do
Pref. . . . ...C R P r.. 100
Distillers’ Securities Corp. ........D R ..
100
General Electric Co............. ......... G E ..
100
100
International Paper Co___ ......... I P . .
Do
do
Pr........ . . . I P Pr.. 100
Mackay Companies............ ....... M L .
100
Do
do
Pref.......... . .M K P r.. 100
National Biscuit Co............ ......... B I ..
100
Do
do
Pref.......... ...B I Pr.. 100
National Lead Co................. ......... L T . .
100
Do
do
Pref----- . .L T Pr.. 100
New York Air Brake C o ... ......... A B ..
100
North American Co............. ......... N A ..
100
Pacific Mail Steamship Co. ............ P ..
100
Peoples Gas Light A Coke. ....... P O ..
100
Pressed Steel Car Co........... ...P R S .. 100
Do
Pref................... P R S P r.. 100
Pullman Co........................... ....... P U ..
100
Railway Steel Spring Co___ ....... It Y ..
100
Do
Pref................... ..R Y Pr.. 100
Republic Iron &Steel Co .. . ..R B O ..
100
Do
Prof................... it B C Pr.. 100
Sloss-Sheffield Steel & Ir. . . ..S L S._ 100
Tennessee Coal & Iron It It ..........T I . .
100
U S Cast Iron Pipe............... . . . . C I P . . 100
Do
do
Pref___ C I P P r.. 100
U S Realty & Improvement ........R L ..
100
United Ry's Investment... . . . . U W.. 100
Do
Pref................... .U W Pr..
100
U S Rubber Co...................... ....... It U ..
100
Do
1st Pref......... It U 1st P r..
100
U S Steel Corporation.......... _ U 8..
_
100
Do
Pref................... ..U S Pr..
100
100
Virginia-Carolina Chcm___ ....... V C .
"Do
Pref................... ..V C Pr..
100
Westinghouse E & M Assent. . . W X ..
50
Western Union Telegraph.. ...........W ..
50

0Record of stockholdersg f *
is date; books do not close.
t Railroad department. t (A
'
cM
exican currency.
L A
dUnited States currency.
1 Rock Island C
o.
/Chicago, Rock Island and Pacific Rwy. C
o.
A ppendix H.
OKLAHOMA BANKING LAWS.

[Passed by the fifth regular session of the legislative assembly of the
Territory of Oklahoma and as amended by the seventh and eighth.]
1907.
H. H. Smock, Bank Commissioner,
llow

to

Organize New Banks .
CHARTER.

First read section 2 of the banking laws which prescribes the amount
of capital required according to the population of the town or city in
which the bank is to be located. No bank cun be organized with less
capital than $10,000, fully paid in.
Apply to the secretary of the Territory for blank articles of incorpora­
tion. The Jaw requires that the articles of incorporation shall be
subscribed by at least three stockholders of the proposed bank, shall
be acknowledged by them, and shall recite that the capital stock is
fully paid up. After completing the articles of incorporation forward
them to the secretary of the Territory, inclosing draft for $10, the
secretary’s lawful fee for issuing a charter.
Procure a stock certificate book, stock record, minute book for record
of minutes of stockholders’ and directors’ meetings, and a bank seal.
ORGANIZATION.

After the charter has been granted by the secretary of the Territory,
the remaining details of organization must be approved by the hank
commissioner, and no bank shall commence the business of banking
U it has received his certificate of authority.
frtil
The banking department requires:
First. Statement showing names of stockholders, residence, amount
pf stock subscribed, and the amount paid in. The capital stock must
oe fully paid in cash. (Blanks will be furnished.)
Second. A certified copy of the minutes of the stockholders' meeting
showing adoption of by-laws and election of a board of directors. A
Majority of the stock of the bank must be represented at this meeting.
Third. A copy of the by-laws adopted, typewritten or in pen and ink,
fortified to by the chairman of the stockholders’ meeting and attested
“y the secretary, and seal of the bank affixed. (Sample form of by*
laws furnished.)
Fourth. Oath of directors. Each director elected must take and
•hbscribe to the oath of office. (Blank oaths furnished.)
Fifth, A certified copy of the directors’ meeting showing election of
officers. The president, vice president, and secretary must be members
cf the board of directors. The cashier must he a stockholder, but not
ffiressarfly a director. If the cashier is a director he should act as
®*cretary.
Sixth. Reserve banks. The banks with whom a reserve account is to




/....
1 1 Oct. 10 Sept. 30 Oct. io
D Oct. 26 Sept. 25 Oct. 17
2 Jan. 15 Dec. 7 (°)
1 u Oct. i Sept. 14 Sept. 25
1 1 . ..do .. . . . d o .. Oct. 1
Do.
i 1 .. .d o .. .. .do ..
( 11 Jan. 15 Dec. 28 Jan. 16
Nov. 30 Nov. 16'Dec. 2
l u
Jan. 1 Dec. 13'Jan. 2
\ ll Dec. 16 Nov. 27jDec. 17
2 Oct. 22 Oct. 4 Oct. 22
11 Sept. 2 Aug. 15 (0)
1 Dec. 1 1899
Nov. 25 Nov. 9 Nov. 26
f 1 Aug. 31 1904 .............
l H Nov. 27 Nov. e’Nov. 8
2 Nov. 15 Oct. 31 (Nov. 14
f 2 Oct. 22 Oct- 10 Oct. 23
Dec. 20 Dec. 10 Dec. 21
W J Oct. 1 Sept, ie Oct. 17
(a)
11 Dec. 2 Nov. 19
1 Nov. 1 Oct. 10 Nov. 4
f 1 Dec. 2 Nov. 9!Dec. 2
H . ..d o .. Nov. 9 Do.
Nov. 1 Oct. 21 Nov. 2
/ 14
V»2$ Jan. 2 1907
| 1 Apr. 30 1900
1 2 Oct. 31 Oct. ■ 15 (a)
f J Dec. 30 Dec. 9 Dec. 31
1 11 Nov. 30 Nov. 6 Dee. 2
,1une 1 1903
f
l 2 Oct. 15, Sept. 28 Oct. 16
2i Oct. lOUct. 3 Oct. 11
11 Oct. 15 Sept. 20 Do.

i

a Deficit.
f> Quarter ending Oct. 21,1906.
*Dividend on preferred.
*2 per cent extra.
l Including cumulative dividend on preferred stock.
m 'J months ending Sept. 30, 1907.

be carried must have a paid-up capital of not less than $25,000, ex­
clusive of surplus and profits, and all funds deposited in other than ap­
proved reserve banks wiil not be counted as part of the lawful reserve.
The department will furnish blanks for naming and approval of reserve
banks.
Seventh. The full amount of the capital stock of the proposed bank
must be deposited with one of the approved reserve banks and the
certificate of such reserve bank showing the required amount on deposit
with it must be filed in the office of the bank commissioner. (Blank
certificates furnished.)
The banking law prescribes a severe penalty for doing a banking busi­
ness before receiving a certificate of authority from the bank commis­
sioner.
IT H. Smock,
.
Guthrie., Okla.,

Hank Commissioner.
F e b r u a r y 1, 1907.

B an ks

and

B a n k in g .

1. Any three or more persons, a majority of whom shall be
residents of this Territory, may organize themselves into a banking
association and be incorporated as a bank, and shall be permitted to
carry on the business of receiving money on deposit, either with or
without interest, and of buying and selling exchange, gold, silver, coin
bullion, uncurrent money, bonds of the United States or of this Terri­
tory, or any of the cities, counties and school districts therein, and
territorial, county, city, township and school district, or other municipal
indebtedness, and loaning money on chattel and personal security, and
to own a suitable building, furniture and fixtures, for the transaction
of its business, the value of which shall not exceed one-third of the
capital of such hank fully paid: P r o v i d e d , That nothing in this sec­
tion shall prohibit such bank from holding and disposing of such real
es-tate as it may acquire through the collection of debts due to i f A n d
p r o v i d e d . That all banking institutions cow organized as corporations
doing business in this Territory are hereby permitted to continue said
business as at present incorporated, but in all other respects their
business and the manner of conducting the same and the operation of
said bank shall be carried on subject to the provisions of this Act and
in accordance therewith: A n d p r o v i d e d f u r t h e r , That no bank shall en­
gage in any business other than such as is authorized by this Act.
S ec tio n

CAPITAL STOCK.
S ec . 2. (As amended by the Act of 1905.) That hereafter the
capital stock, which shall he fully paid up, shall not be loss than ton
thousand dollars in towns or cities having less than twenty-five hun
dred inhabitants; the capital stock, which shall be fully paid up shall
not be less than fifteen thousand dollars in cities having more than
twenty-five hundred and less than five thousand inhabitants; the canital
stock, which shall be fully paid up, shall not be less than twenty th a n
sand dollars in cities having more than five thousand and less than ten

CONGRESSIONAL RECORD— SENATE.

2474

thousand inhabitants; the capital stock, which shall

, .. nri fnrtv-one davs from the first publication, the relief prayed for
less than _, V * codv of such notice shall be sent to the bank cornwill be granted. f ^°|Lg after the first publication thereof, and he
shffi °wfthin iu'-riy days thereafter make a thorough examination of the
shall cvitnin thirty j
certified copy thereof with said petition.
C ‘ *?Ln liS te a ^ “mf, on or More tie time five;! by the notice
ifnu afterwards if permitted by the court, file a written objection to
dissolution of such corporation. The petition and objection thereto,
If anv Sail stand for a hearing the same as a civil action ; and if upon
the hearing thereof the court shall he satisfied that the petition is
true and that there is no valid objection to the dissolution of such
corporation, it shall render judgment dissolving the same.

M l y P^W ^

shall not he less than twenty-five
ten thousand inhabitants; and in
the law, the charter of any

k sh?l1*con tain the name and place
^ ° ”he amount of stock sub-

iimmyrn




S

io ts. ogt

BOARD OF DIRECTORS.

amending its charter, to remove or attempt to remove its banaing uo
place of business from the place named in its original articles
incorporation or charter.
BANKS ORGANIZED, WHEN.

gun 10. The affairs and business of any hanking corporation doing
business under this act shall be managed and controlled by a
directors, not less than 3 nor more than 13 in number, who shall be
selected from the stockholders in the manner provided in the general
corporation act, a majority of whom shall be residents of the Territory
of Oklahoma; the hoard shall designate one of their number to act as
president and one as secretary, and shall select from among the stock­
holders a cashier; such officers shall hold their offices for a term of
one year and until their successors are elected and qualified, lhe
board shall require the cashier and any and all officers having the
care and handling of the funds of the bank to give a good and suffi­
cient bond, to be approved by them and held by such custodian as tne
board may designate. The board of directors shall hold two regular
meetings each year, and at such meetings thorough examination of the
books, records, funds, and securities held by each bank shall be made
by them, and the result of such examination shall be recorded in detail
upon the record book of the bank. A certified copy of the record or
such meetings shall he forwarded to the bank commissioner within
ten days.

Sec . 3. The existence of such bank as a c o i t i o n shall tote from
the filing of its charter, from which time it shall have ana
Jexcept
cise the powers conferred by law
muot “such bank shall
as limited or modified by this A c t . o f f i c e r s the taking and aptransaet no business except the election of officers, tn ^ o u n t of sub­
proving their official bonds, the receipts o fp a y m e n ts o n acc { idental
scriptlons to its capital stock, and such other buraaew
comn?i9_
to its organization, until it has been authonze_
business of banking
sioner provided for hereinafter to commence the business o
as hereinafter provided for.
SHARES MUST BE PAID IN CASH.
d ivid ed
SEC. 4, The capital stock of any ^
0 ,aX u a r 3 °each, and all subinto shares of not less than one hundred do
. Provided, That
scriptions to said capital stock shall be palid 1
iaha old may be accepted
in the reorganization of a bank, the assets
in lien of cash, at their actual value.
, ITTi
COMMISSIONER'S CERTIFICATE OP AUTHO^ ^
^

STOCKHOLDERS’ LIABILITY.

Sec. 11. The shareholders of every hank organized under this act
shall be additionally liable for the amount of stock owned and no more.

S ec . 5. (A s amended by the Act of
or cashier thereof
of any bank shall have been paid aPjnec aPverified statement, showmg
shall transmit to the Bank Gomni -,
stockholders, the amount of
the names and places of residence ot
„„ „b and the Bank Cornstock subscribed and the amount paid in y
_ ' £o examine into the
mis si oner shall thereupon Lave the same Q C
f
that time been
condition and affairs of such tank ■ s « ^ ^ t h i n thirty days, from
a
engaged in the banking business, and ne s
ination, and shall exthe receipt of such statement, maice suiu '
in on account of its
amine especially as to t h e a“ °d n
the amount of capital stock of which
capital, and by w h o m ^ n d faith the owner, and whether such bank
each stockholder is, m
H 'tbp laA in all respects; and if
has complied with the_ p™Zp3 ° at prescribed, and has in all respects
J
such bank has been organise
Plaw sajd commissioner shall issue
complied with the provisions of
e mw,
tfflcate showing that it has
to such bank, under his hand and seal,
required by law and ls
S < ,r S

to

tr,“

act

a general U

l «

tuslness as provided l ,

in c r e a se of c a p it a l

st o c k .

_

th“ .S g t o S c a j l w ? « &

oa t purge W « »

,*

“ First. Notice of the
a“ ° i f proposed to increase or diminish
object and the amount to ' v p!.sonaiiv served on each stockholder resl­
n
its capital stock must be P f ^ c e of residence^ if known, and if not
dent m the T erritory , at his place
offic„ o£ the corporation is
known, at the piace where the P “ m )
published in the county of
su ^ 'p ^ ln ^ ^ a ^ p ia c e ^ o ^ liu ffin e ss,

onP a week for four weeks suc­
ce

cessively. * * *
nf the entire capital stock must be repres e n M b j - . " ™ " t t a InireSIe (W S lm ln « to » ) before I, can
A cerM cate
. - W
^ r V
^ n ^ S S
of the meeting, and a ® a-i . ^ „tion the amount to which the capital
with the requirements of this sect on rue uuu
stock r£prc.
, \ r m S r a n d ° k f ? o r h j Which the object was accomP l- h m h. The certificate
F
Of the Territory, there to be recoidea « ^ Med Q dimiQished.
V
thereupon the capital stock
“ Sixth. T h e .w r l t t ® L ^ f l
subscribed capital stock ■ <

holders of three-fourths of the
^ effS a l to authorize the Increase
. ag .f a meeting were called and held;

andd\ T p o f ^ c h w rifte?PasSent. fthe directors may proceed to make the
certificate
N o t e .—

herein

As

provided foi.
section 42 o f cnapte^ ^

q{

0f 1889, makes special
lt 8upersedeg the

provisions for the de?
lp K ’ as far as the diminution of capital
above section of the Laws o f
' “ f capital stock will be made In
stock is concerned
The increase u
u
chapter 17, of the
accordance with the above section ua, a n
Laws of 1893, above Tuotwij t made provision for the

■> « ■ » « —
installments due thereon.

INVESTMENTS LIMITED.

Sfc. 12. No bank shall employ its moneys directly or indirectly in
.
trade or commerce by buying or* selling goods, chattels, wares or mer­
chandise, and shall not invest any of Its funds in the stock of any
other bank or incorporation, nor make any loans or discount on the
security of the shares of its own capital stock, nor be the purchaser or
holder of any such shares, unless such securities or purchase shall be
necessary to prevent loss upon a debt previously contracted in good faith,
and stock so purchased or acquired shall, within six months from the
time of its purchase, be sold or disposed of at public or private sale;
after the expiration1 ofn six nnlr • D*vany such stock shallt notmar conSid^rpd as ^ ~ ~a L_n v Kmonths,/
>
»
/?> Tbo it be call
£/?
all kinds
security ... ___
prescribed by law.
RESERVE REQUIRED.

this

Act.

Ssc. 7. This section w a s r a g j r i •»

F ebruary 2o,

-

DISSOLUTION.

SEC. 9. Any corporation transacting
itl SrinctpH
be dissolved by the
c,°urJL0 following manner: A verified petiplace of business is located in the Joi °
M , d court, signed by the
tion shall he filed in the office or tne
t
setting forth that twopresident or a majority of a board of uirec - ’
.
have adopted
thirds in amount of the stockho ders^of: such
a resolution favoring such dissolution, and[ directing!
g
instituted for that purpose, a copy of ^blch res
as:sociation have
forth, and that all claims and demands against such association nave
been paid and discharged; and thereupon a notice siiall 1« pulaimed
in the manner prescribed by law for service by publication
buen
notice shall state the name of the court In which the petition has been
filed, the substance and purpose thereof, and that nnl<»s objections
are filed thereto, on or before a time to be stated, which will not be

Sec. 13. Each bank doing business under this Act shall have on
hand at all times in available funds the following sums, to wit:_Banks
located in towns or cities having a population of less than 2,300 an
amount equal to 20 per cent of their t^Hre deposits; banksJocated jn
ht equal to 25 per cent
cities having over 2,500 population, I
^hnay consist of balances
of their entire deposits, two-thirds c|_
commercial centers,
due them from good solvent banks
wuiuiaum uculcio, and
at such other points as the Bank Commissioner may approve, and
one-third shall consist of actual cash: P r o v i d e d , That any bank that
has been made the depository for the reserve of any bank or banks
shall have on hand at all times in the manner provided herein 2a per
cent of its deposits. W
henever the available funds in any bank shall
he below the required amount, such bank shall not Increase its lia­
bilities by making any new loans or discounts otherwise than by dis­
counting or purchasing bills of exchange payable at-sight, nor make
any dividends of its profits until the required proportion between the
aggregate amount of its deposits, and its lawful money reserve has
been restored; and the Bank Commissioner shall notify any bank
whose lawful money reserve shall be below the amount required to be
kept on hand, to make good such reserve, and If such bank or asso­
ciation shall fail to do so for a period of thirty days after such notice,
it shall be deemed to be insolvent, and the Bank Commissioner shall
take possession of the same and proceed in the manner provided in
this
inis Act relating to Insolvent banks. The r> u Commissioner may
insolvent nanus, me Bank
an .
refuse to consider, as a part of its reserve, balances due to any bank
from any other bank or association which shall refuse or neglect to
furnish him with such information as he may require from time to
time relating to its business with any other bank doing business under
this Act which shall enable him to determine its solvency; P r o v i d e d ,
That all savings banks or savings associations which do not transact
a general banking business shall be required to keep on hand at all
times in actual cash a sum equal to* 10 per cent of their deposits, and
shall be required to keep a like sum invested in good bonds of the
United States or Territorial, county, school district or municipal bonds
of the Territory of Oklahoma, worth not less than par.
N ote .—This section gives the Bank Commissioner absolute discre­
tion as to w
’here hanks shall keep their reserves. The rule of the_department is that no hank having a paid-up capital of less than $25,900.00
shall be considered a reserve agent.
EXCESS LOANS.

14. The total liability to any bank of any person or company,
corporation or firm for money borrowed, including in the liabilities
,
of the company or firm the liabilities of the several members thereof,
shall not at any time exceed 20 per cent of the capital stock and sur-.
plus of such bank actually paid In; but tlie discount of bills of ex­
change drawn tn good faith against actual existing receipts as col­
lateral security, and a discount of commercial or business paper actu­
ally owned by the person, shall not be considered as money borrowed.
The Bank Commissioner may at any time order an excess loan reduced
to the legal limit within sixty days from the date of notification by
him.
S ec .

FALSE REPORT.

Sec. 15. Every officer, director, agent or clerk of any bank doing
business under the laws of the Territory of Oklahoma who wilfully
and knowingly subscribes to or makes any false report, or any false
statements or entries in the books of such bank, or knowingly sub­
scribes to or exhibits any false writings on paper, with the Intent
to deceive any person as to the condition of such bank, shall be deemed
nniltv O a felonv and shall he nnniahed hv a fine not to exceed OHS
f

1908.

CONGRESSIONAL RECORD— SENATE

thousand dollars, or by imprisonment in the Territorial prison not
exceeoing five years, or by both such fine and imprisonment.
RECEIVING DEPOSITS WHEN INSOLVENT.
S ec. 16. No bank shall accept or receive on deposit, with or with­
out interest, any money, bank bills or notes, or United States
treasury notes, gold or silver certificates, or currency, or other notes,
bills, checks, or drafts, when such bank is insolvent; and any officer,
director, cashier, manager, member, party or managing party of any
bank, who shall knowingly violate the provisions of this section, or
he accessory to or permit, or connive at the receiving or accepting
of any such deposit, shall be guilty of a felony and upon conviction
thereof shall be punished by a fine not exceeding five thousand dollars,
or by imprisonment in the penitentiary not exceeding five years, or
by both such fine and imprisonment.
VIOLATIONS PUNISHED.
S eo. 17. It shall be unlawful for any individual, firm or corporation
to transact a banking business, or to receive deposits, except by this
act authorized. Any person violating any provisions of this section,
either individually or as an interested party in any association or
corporation, shall be guilty of a misdemeanor, and on conviction
thereof, shall be lined in a sum not less than three hundred dollars or
more than one thousand dollars, or by imprisonment in the county
jail not less than thirty days nor more than one year, or by both such
fine and Imprisonment.
REPORTS, WHEN MADE.
Sec. 18, Every bank shall make out at least four reports each year,
and oftener if called upon, to the Rank Commissioner, according to
the form which may be prescribed by him, verified by the oath or
affirmation of the president or cashier of such association, and attested
h.v the signatures of at least two of the directors. Each such report
shall exhibit, in detail and under the appropriate heads, the resources
and liabilities of the association at the close of business on any past
day by him specified, and shall he transmitted to the Bank Commis­
sioner within ten days after the receipt of a request or requisition
therefor by him, and shall be punished in the same form in which
it is made to the Bank Commissioner, except that cash and sight
exchange may he shown under one heading and shall be published
within ten days after the same is made out in a newspaper published
in the county in which such bank is established, for two insertions, at
the expense of the bank; and such proof of publication shall be
furnished within five days after date of last publication, as may be
required by the Rank Commissioner,
The Bank Commissioner shall
also have power to call for special reports from any bank whenever
in his judgment the same arc necessary in order to gain a full and
complete knowledge of its condition.
The verification of such state­
ment shall be in the following fo rm :
Territory of Oklahoma, County of ----------- ss:
I ------------ president (or cashier) of said bank, do solemnly swear that
the above statement is true, that said bank has no other liabilities, and
is not indorser on any note or obligation, other than that shown in the
above statement, to the best of my knowledge and belief, so help me,
God.

--------------- ,

President.

------------------------- , Cashier.
Provided, The reports authorized and required by this section, to be
called for by the Commissioner, shall relate to a date prior to the date
of such call to be specified therein.
DIVIDEND RETORTED.
Sec. 19. In addition to the reports required by the preceding sections
each hank doing business under this Act, shall within ten days after
the declaring of any dividend, forward to the Bank Commissioner a
statement of the amount of such dividend and the amount carried to
the surplus and undivided profit accounts and shall also forward to the
Commissioner, within ten days after the first of January in each vear,
in such form as he may designate, a verified statement showing* the
receipts and disbursements of such bank for the preceding year.
PENALTY FOR FAILURE TO REPORT,
Sec. 20. Every bank which fails to make and transmit or to publish
any report required under either of the two preceding sections, shall be
subject to n penalty of fifty dollars for each day after the period re­
spectively therein mentioned, that it delays to make and transmit its
report or the proof of publication. Whenever any bank delays or refuses
to pay the penalty herein imposed for a failure to make and transmit or
to publish a report, the Commissioner is hereby authorized to maintain
an action, in the name of his office, against the delinquent hank for the
recovery of such penalty, and all sums collected by such action shall be
Paid into the Territorial treasury and placed to the credit of the banking
department.
DISSOLUTION BY BANK COMMISSIONER.
Sec. 21. Every bank, except national banks, doing business in the
'Territory of Oklahoma, which shall refuse or neglect to comply with
nny requirement lawfully made upon it by the hunk commissioner pur­
suant to this act, for a period of ninety days after demand in writing
*s made, shall be deemed to have forfeited its franchise, and the bank
commissioner shall thereupon revoke its authority to transact the bank­
ing business, by publication in the official county paper of the county in
which the hank is located, and any failure on the part of such banks
to comply with, or any violation of the provisions of this act, shall work
a forfeiture of its franchise; and in either case the attorney general,
fipon the request of the hank commissioner, shall commence an action
tor the purpose of dissolving said corporation.
BANK COMMISSIONER.
S ec . 22. The governor shnll appoint, by nnd with the advice and
consent of the council of the legislative assembly, a bank commissioner
tor the Territory of Oklahoma, whose term of office shall be for two
Tears, the first term commencing on the first day of March, 1899, and
(continuing) until bis successor is appointed and qualified. No officer
? r employee of any bank, or any person inlerested as owner or stock­
holder of’ anv bank, shall be eligible for the office of bank commissioner :
Provided That no person shall be appointed as bank commissioner who
shall not have had. prior to such appointment, at least three years’
Actual experience as a banker.
BOND AND OATH.
S ec or The bank commissioner shall, before entering upon the dishargo o f ’ hls duties take and subscribe the usual oath of office and
Xeeute to the Territory of Oklahoma a bond in the sum of twenty-five
housand dollars with sufficient surety for the faithful performance of
is duty, to be approved and filed as provided by law.




2475

DUTIES.
S ec 24. It shall be the duty of such Commissioner to visit each and
every hank doing business in this Territory, except national banks,
at least once in each year, and oftener, if necessary, for the purpose
of making a full and careful investigation and inquiry into the con­
dition of affairs of such bank; and for that purpose the Commissioner
is hereby authorized and empowered to administer oaths, and to examine
under oath the owners and directors, and ail officers and employees
and agents of such bank. The Commissioner shall reduce the result
thereof to writing, which shall contain a full, true and careful state­
ment of the condition of such bank. No loan shall be made by any
bank to any of its officers or employees, except upon the express order
of the board of directors, made in the absence of the applicant, duly
entered in the record of the board proceedings, and only upon the same
security as required of others. Any officer or employee of the bank
violating the provisions of this section shall be deemed guilty of em­
bezzlement.
EXAMINATION FEES.
Sec . 25. Each and every hank so examined, having not more than
fifteen thousand dollars capital stock paid in, shall pay a fee of fifteen
dollars for each and every examination; and each and every bank
having more than fifteen thousand dollars capital stock paid in and
not more than twenty-five thousand dollars capital stock paid in, shall
pay a fee of twenty dollars; and each and every bank having more
than twenty-five thousand dollars capital stock paid in and not more
than forty thousand dollars capital stock paid in, shall pay a fee of
twenty-five dollars; and each and every bank having more than forty
thousand dollars capital stock paid in, and not more than fifty thousand
dollars capital stock paid in, shall pay a fee of thirty dollars; and
each and every bank having more than fifty thousand dollars capital
stock paid in, shall pay a fee of thirty-five dollars to the Commissioner.
RECORD OF FEES AND EXPENSES.
Sec, 26. It shall be the duty of the Bank Commissioner to keep
a record of all fees collected by him, together with the record of the
expenses incurred in making examinations of all banks, and at the
end of each quarter pay over to the Territorial Treasurer all fees col­
lected during the preceding quarter, and he shall file with the Territorial
Treasurer an itemized statement, showing from whom collected.
NUMBER OF REPORTS REQUIRED.
Sec . 27. The Commissioner shall have power at any time when he
deems it necessary, to cail upon any bank, except national banks, for
a report of its condition upon any given day which has passed, or as
often as the Commissioner may deem it necessary: Provided, That
the Commissioner shall require four such reports at least, during each
and every year.
CALL FOR STATEMENT.
Sec. 28. A copy of each call made by the Bank Commissioner for
a statement from all banks doing business under this Act shall be
mailed to each bank.
INSOLVENT BANKS, RECEIVERS.
S ec . 29. If upon examination made by the Commissioner or from
anv report made to the Commissioner, it shall appear that any bank
is insolvent, it shall be the duty of the Commissioner immediately to
take charge of such bank and all the property and effects thereof.
Upon taking charge of any bank, the Commissioner shall, as soon as
possible, ascertain by thorough examination into its affairs, its actual
financial condition, and whenever he shall become satisfied that such
bank can not resume business or liquidate its indebtedness to the satis­
faction of all its creditors, he shall institute proper proceedings in the
proper court for the purpose of having a receiver appointed to take
charge of such bank and to wind up the affairs and business thereof,
for the benefit of its depositors, creditors, and stockholders. .The Bank
Commissioner may appoint a Special Deputy Bank Commissioner to
take charge of the affairs of an insolvent bank temporarily, until a
receiver is appointed; such deputy to qualify, and give bond and receive
compensation at the rate of four dollars per day, such compensation
to be paid by such bank or allowed by the court as costs in case of
the appointment of a receiver: Provided, That in no case shall any
bank continue in charge of such special deputy for a longer period than
thirty days.
„
COMMISSIONER IN POSSESSION, ATTACHMENT BARRED.
S ec. 30. Any bank doing business under this Act, may place its
affairs and assets under the control of the Bank Commissioner by post­
ing a notice on its front door as follow s: “ This hank is in the hands
of the Territorial Bank Commissioner.” The posting of such notice, or
the taking possession of any bank by the Bank Commissioner shall be
-sufficient to place all of its assets and property of whatever nature in
the possession of the Bank Commissioner and shall operate as a bar to
any attachment proceedings except where deposits were received after
the hank was known to be in a failing condition.
VOLUNTARY LIQUIDATION.
Sec 31. Anv hank doing business under this Act, may voluntarily
quidate by paying off ail its depositors in full, and upon filing a veried statement with the Bank Commissioner setting forth the fact that
U its liabilities have been paid, and the surrendering of its certificate
f a u th o rity to transact a banking business, it shall cease to be sub­
let to the provisions of this Act, and may continue to transact a loan
ud discount business under its charter: Provided, That the Bank
ominissioner shall make an examination of any such bank for the
urpose of determining that all its liabilities have been paid.
o rr, qo
A bank shall be deemed to be insolvent, first, when the
cash market value of its assets is insufficient to pay its liabili­
ties -second when it is unable to meet the demands of its creditors in
the ’usual and customary manner; third, when it shall fail to make
good its’ reserve as required by law.
DIVIDENDS.
S ec 33. The directors or owners of any bank doing business under
this act, mav declare dividends of so much of the net profits of their
bank as they shall judge expedient hut each bank shall, before the
declaration of a dividend, carry one-tenth of its net profits since the
last preceding dividend to its surplus fund, until the same shall amount
to 50 per cent of its capital stock.
N ote .— A dividend can only be declared by a regular act of the board
of directors, entered upon the minute or record book of the bank, and
10 per cent of the net profits must in every case be passed to the sur­
plus fund, until the surplus is equal to one-half of the bank’s capital
stock.




2476

CONGRESSIONAL RECORD— SENATE.
SURPLUS FUND NOT DISTURBED.

Sec. 34. Any losses sustained by any bank, in excess of ^ “ divided
nrofits mav be charged to its surplus account. Provided, That its su
J E J M SiSfl LnStter » Ml.ubursed (tom Its W M » ,
"« gJJ
Send shall be declared or paid by any such hank until its surplus iunu
shall be fully restored to its former amount.
CAPITAL NOT DIMINISHED.

Sec 35 No bank officer or director thereof shall, during the time It
shall continue its banking operations, withdraw or permit to be with
drawn either in form of dividends or otherwise any porhon of
capital. If losses have been at any time sustained by such bank equa
to or exceeding its undivided profits then on hand, no
Continues
made, and no dividend shall be declared by any bank while It continue!
its banking business to any amount greater than its profits on band,
deducting therefrom its losses, to be ascertained by a careful e.- of the actual cash value of all its assets at the time of making such
dividends. The present worth of all maturing paper shall he estimatea
at the usual discount rate of the bank. Nothing inJ^1? P manner
1
prevent the reduction of the capital stock of any bank in
Pl Note.—IlSifre' any dividend Is declared, the officers and directors
should first go over the bank’s assets carefully and charge oft y
assets.
o f f ic e r s ’ n e gle c t o f d u t t , FELONY.
, nTiv
Sec. 36. Every banker, officer, employee, director, or a£en ® o
cj. C
bank who shall neglect to perform any duty' reqntad t j act^ot
who shall fail to conform to any lawful W ul“ ™tSa“d iipon conbank commissioner, shall be deemed guilty A *0* J l d one thousand
®
viction thereof shall be punished by
nriS not to exceed
on
dollars, or by imprisonment in the Territorial priso
five years, or'by both such fine and imprisonment.

F ebruary 25,

nnirment of its capital: Provided, That such bank if not insolvent may
r e d u c e d capital stock to the extent of the impairment, if such reduc­
tion will not place its capital below the amount required by this act.
NATIONAL BANKS MAY INCORPORATE.
44 Any national bank doing business in this Territory may
inrornorate as a State bank, as provided herein, for the organization of
hanks ^Provided. That the Bank Commissioner may accept good assets
•
n fD
such national bank worth not less than par in lieu of cash pay­
ment for the stock of such State bank.
LIST OF STOCKHOLDERS KEPT.
45 The president and cashier of every incorporated hank shall
nnse "to be kept at all times a full and correct list of the names
and residences of all the shareholders in the hank and the number of
shires held bv each in the office where its business is transacted. Such
list shall be subject to the inspection of all the shareholders and cred­
itors of the bank and the officers authorized to assess taxes under
Territorial authority, during business hour of each day in which
business may be legally transacted. A copy of such list on the first
Monday in January of each year, verified by the oath of such presi­
dent or cashier, shall be transmitted to the Bank Commissioner.
r e f u sa l to be e x a m in e d .

S ec. 46. Whenever any officer of the bank shall refuse to submit the
books, paper, and concerns of such bank to tbe inspection of the com­
missioner, or examiner appointed as aforesaid, or shall in any manner
obstruct or interfere with him in the discharge of his duties, or refuse
to he examined on oath touching the concerns of the bank, the com­
missioner may revoke the authority of such.bank to transact a banking
business, and may institute proceedings for the appointment of a
receiver for such bank to wind up the business.
DOING BUSINESS AFTER REVOCATION.
S ec . 47. Any officer of any bank whose authority to transact a
BANK, WHAT CONSTITUTES.
banking business has been revoked as herein provided, who shall re­
S ec . 37. Any individual, firm, orP
check,^ifallb^considered ceive or cause to be received any deposit of whatever nature after
on deposit, whether on certificates or s^bjcct to e
t0 au the pro­
as doing a hanking business, and shall beaim
enab !ssued fol. money such revocation, shall be subject to the same penalty provided for
visions of this act: P r ovule<1, Thatp romisso g j n o i c f deposit for the persons transacting a hanking business without authority.
REAL ESTATE OWNED.
received on deposit shall be held to be certincaxcs u
S ec. 48. A bank may purchase, hold, and convey real estate for the
purpose of this act.
FALSELY CERTIFYING CHECKS.
following purposes : First, such as shall be necessary for the conven­
ient transaction of its business, including its furniture and fixtures,
S ec . 38. It shall be unlawful f°E
tant? °®£dfydany > or corporation but which shall not exceed one-third of the paid in capital; second,
check, draft, or
bank doing business under this act, to certj firm
such as shall be conveyed to it in satisfaction of debts previously con­
order drawn upon the
_™lS g£s on deposit with the bank at tracted in the course of its business; third, such as it shall purchase
5®
drawing such check, draft’ or or
Stifled, an amount of money at sale under judgment, decree, or mortgage foreclosures under securi­
the time soch ^ount^ecified inluch check. Any check, draft, or ties held by it, but a bank shall not bid at any such sale a larger
equal so certified by the W »u. , . officer shall beor good and valid amount than enough to satisfy its debts and costs, lieal estate shall
2ani e dv authorised fficer cierk, a agent of any
X
order to th®.a™
bank and the
obligation against such bank,
secti0n shall be deemed guilty of a be conveyed under the corporate seal of the No real estate hands of
its president or vice-president and cashier.
acquired
Sony!1and ^poTconvTction shall be punished as provided in section 36 in the cases contemplated in the second and third subsections above
shall be held for a longer time than five years.
It must be sold at
of this act.
em be zzlem en t.
a private or public sale within thirty days thereafter.
„„„ 90 w=rv nresident director, cashier, teller, clerk, officer, or
REDUCED REAL ESTATE HOLDINGS.
Se, - ? 9 - v
c
Eho embezzles, abstracts, or willfully misapplies any
S ec. 49. Any bank now doing business in this Territory, which owns
real estate in excess of 50 per cent of its capital paid In, shall
reduce its holdings, by converting- same into cash or other good assets,
ctangc, '" “ * ■ ' * 3 3 t r S « , ° y
or°rtobm°?kesru“; of" th5 to an amount not exceeding 50 per cent of Its paid up capital, within
exchange, mortgage,
In either case to injure, or defraud six months after the passage of this act.
TRANSFERS OF STOCK.
th? bink or any individual, person, company, or corporal on, or to
S ec . 50. The shares of stock of an incorporated bank shall be deemed
d|eivenany o | | r of the t o g
t f * *
personal property, and shall be transferred on the books of the bank
t i o n shall be darned suhty of a W oy, and upo»conviction thereof
in such manner as the by-laws thereof may direct, but no transfer
of stock shall be valid against a bank or any creditor thereof so long
shall be punished as provided in section 3b or this act.
as the registered holder thereof shall be liable as principal debtor,
PAYING OVEB-DRAFTS.
surety, or otherwise to the bank for any debt which shall be due and
n
a
r
S ec . a40. 4 r»v Kontr rtffirpr or employee who s1 .1 individual) flriB cor. unpaid, nor in such cases shall any dividend, interest, .or profits be
Any bank officer or
y^
^ih 1 pny out tho funds
(
of any bank upon Ln^wh’ has not on deposit with such bank a paid on said stock so long as such liabilities continue, but all such
ich
profits
bank and ap­
poratlon ® ass^ atiw°’k ordgr or draft, shall be personally liable to dividends, interests, or of such shall be retained by tlie shall be trans­
r.
plied
liabilities, and no stock
for the amount so paid, and such liability shall be covered ferred to the discharge anv bank where the registered holder thereof
on the books of
by his official bond.
is in debt to the bank for any matured and unpaid obligations.
CAN NOT FAVOR DEPOSITORS.
LOANS TO STOCKHOLDERS LIMITED.
c
Ai M
r.
hinker or bank official shall give preference to
S ec 51
shall be unlawful for any bank to
Its funds to its
S depositor or ct .d t by pledging mayassets of the bank astemporary stockholdersIton their stock as collateral security; loan the total Indebt­
K
ainAm
+A?(orbcreditor yP bank the borrow money for collateral
and
any
edness of the stockholders of any Incorporated bank shall at no time
Bounty: J J ' * * ^ e V am ou “ W per cent of its paid-up capital,
^
nmLV assets of the bank as collateral security therefor: Pro- exceed 50 per cent of its paid up capital: Provided, That any bank may
flr tlw
That'whenever it shall appear that a bank is borrow- hold its stock as additional security or to secure a debt previously
Hnnilv for the purpose of reloaning, the Bank Commissioner contracted.
RECEIVER S REPORT.
ing habitually f
to pay off such borrowed money. Nothing herein
S ec. 52. Receivers of all insolvent banks shall make reports to the
S ’mSenl an^Tikfwm ^discounting in good faith and indorsing
Bank Commissioner in the same manner as is required of solvent banks
any of its negotiable notes.
and shall cause such statements to be published in like manner.
REDUCING c a p it a l s t o c k .
BLANKS, FORMS OF.
o
AO rrnD -anitnl stock of any bank doing business under this
Sec . 53. For tbe purpose of carrying into effect the provisions of
SeC’ 42J reduced a any ^ a(. any resolution adopted at a special
? » at y time by rC iar meeting or by a threeact may be
gU
this act, the bank commissioner shall provide a form for the necessary
fourths vote of
of which aU stockholders shall have due
examinations
ail
meeting held for that P P ’ ’ of the gan Commissioner, which shall blanks for such by bim shall beand reports; and office.examinations and
®
f
3£
preserved
notice, subject to the appi
jtJ
h reduced capital is entirely reports received BANK COMMISSIONER ANDin his
ASSISTANT.
not be given unless Bank Commissmner^mis^Pfi^ caghierany ^such re­
™
approved of J
solvent. '' hen the such »
Mn,;
S ec. 54. As amended by the act of 1903. The bank commissioner
duction, a certificate, signed y
d tIie names and amount of shall receive for his services a salary of eighteen hundred dollars per
setting forth the
K l D filea with the Secretary of the annum and the sum of one thousand dollars per annum for deputy or
ba e
stock held by its stockholders, snaii i forwarded to the Bank C
orn- assistant. The legislature shall appropriate a sum not to exceed six
hundred dollars for each year to cover the incidental expenses of tho
Territory, and a
™ ? t » i 0f anv bank shall be reduced as probank commissioner’s oflice, and to defray the traveling expenses of the
S d ° in rthi? S i o n , every*sto^khoider! ^ X n ^ a n fsh a lf b^ntMed bank commissioner. AU money actually and necessarily paid out by
certificate, shall surrender same for cancellation, and
the commissioner for traveling and incidental expenses shaft be paid to
to receive a such capital stock shall not be reduced more than is cro- him upon the auditor’ s warrant, to be issued upon sworn vouchers con­
new certificate for
v itje a , That
more than is pro taining an Itemized account of such expenses: Provided, That the
vide;1’ in section 2 of this act.
expense account so audited and the warrants so drawn shall not ex­
IMPAIRED CAPITAL STOCK.
ceed six hundred dollars per annum, and it shall be unlawful to create
Sec. 43. Whenever it shall appear that the
tfci^Xmmis- a deficit.
doing business under this act has been impaired, the ^nk Commis
REPORT TO GOVERNOR.
sioner shall notify such bank to make such impairment good within
S ec. 55. The bank commissioner shall make a report to tbe governor
sixty days, and it shall be the duty of the officers and di
.
on or before September 1, of every even numbered year, which report
any bank receiving such notice from the Bank Commissioner toimi i * shall contain the names of the owners, or tbe principal officers, the
diately call a special meeting of Its stockholders for the PnrP e
o®
1 paid up capital of each, the number of banks in the Territory, the name

SSSES

assessment of its stockholders of its stock sufficient to cover the im-

1908,

CONGRESSIONAL RECORD— SENATE

and location of each, the number and date of examination and reports
made of and by each, and such other information concerning the same
as may be necessary to inform the governor of the condition thereof.
NEGLECT O DUTY.
B'
56. Any commissioner who shall neglect to perform any duty
provided for by this act, or who shall make any false statement con­
cerning any bank, or who shall be guilty of any misconduct or corrup­
tion in office shall, upon conviction thereof, be deemed guilty of a felony,
and punished in the manner provided for in section 36 of this act, and
in addition thereto shall be removed from office.
COUNTY ATTORNEY,
Sec . 57. It shall be the duty of the bank commissioner to inform the
county attorney of the county in which the hank is located of any vio­
lations of any of the provisions of this act, which constitutes a mis­
demeanor or felony, by the officers, owners or employees of any bank,
and upon receipt of such information the county attorney shall institute
proceedings to enforce the provisions of this act.
FALSE OATH, PERJURY,
Sec . 58. Every officer or employee of a hank required by this act to
take an oath, or affirmation, who shall wilfully swear or affirm falsely,
shall be deemed guilty of perjury, and, upon conviction thereof, shall
be punished as provided by the laws of this Territory in case of perjury.
REPEALING ALL FORMER ACTS.
S ec . 59. Chapter 4 of the Session Laws of 1897, relating to the
Incorporation of hanks, and to the governing of institutions doing a
banking business, and receiving deposits, shall be and the same is in­
operative and void, and all laws and parts of laws inconsistent here­
with, are repealed: Provided, That this act shall not affect any offense
committed or right of action accruing from (prior to) the taking effect
hereof, but all such offenses or rights of action shall remain and be
prosecuted under the law existing at the time such offense was com­
mitted or such right of action accrued.
Note.—This section repealed In toto the act of 1897.
QUALIFIED PUBLIC DEPOSITORIES.
The seventh legislative assembly passed one additional section to the
banking law, relative to the hanks doing business under Territorial
charter, concerning their being designated depositories of Territorial
and county funds, and prescribing their qualifications, as follow s: As
amended by act of 1905.
S ection 1. That section 4, of chapter 4, of the Session Laws of Okla­
homa, 1903, be and the same is hereby amended to read as follow s:
See. 4. Any bank duly organized under and in compliance with the
laws of this Territory relating to hanks and hanking corporations and
doing business in the Territory of Oklahoma, or any national bank
organized under the laws of the United States and doing business in
the Territory of Oklahoma, shall be qualified to become Territorial
and county depositories, when so designated according to law. by giving
securities by the depositing with the proper Territorial or county
officers, United States bonds or Territorial bonds, or general fund Ter­
ritorial warrants, or Territorial special fund warrants, or approved
county or municipal bonds in the Territory, or approved county or school
district warrants In the Territory, and the proper officers are hereby
authorized and empowered to contract accordingly.
V oluntary L iq u id a t io n .
CERTIFICATE UNDER SECTION 31.
We, ----------- and —..- ...., being a majority of the board of directors
of the ----------- Bank of ------------ at ------------, Oklahoma Territory, do
herehy certify that at a meeting of the shareholders of said bank, held
at the banking bouse of said bank in the city of ----------- , Oklahoma, on
the ----------- day of ----------- , 190— , pursuant to notice given to all of
the shareholders of said bank, as required by law and the bv-laws of
said bank, the following resolution was adopted:
Resolved, That the ----------- Bank, of ------------, Oklahoma, be placed
in voluntary liquidation, under the provisions of section 31, chapter
4. of the laws of 1899, of the Territory of Oklahoma, and the directors
of this bank are directed and empowered to pay all depositors and cred­
itors of the bank, and make the certificate of liquidation required by
law. and surrender this bank’s certificate of authority to transact a
banking business under the laws of Oklahoma to the bank commis­
sioner of said Territory. The above resolution was adopted by the
following v o te :
Name.

Residence.

Number of shares.

The total number of shares constituting the capital stock of the said
bank | ----------- shares. There were present at said meeting, either in
g
person or by proxy, stockholders representing three-fourths of the
capital stock of said bank.
Now, therefore, we further certify that the said bank has paid its
depositors in full and that this bank has at this time no unpaid liabili­
ties of any kind or nature.

Director.
Director.
Director.
T erritory of Oklahoma ,
------------------------- County, sa;
Subscribed in my presence and sworn to before me by the said
i
-----------a n d ------------- , t h i s --------- -- day o f ----------- , 19 0 -.

Rotary Public.
My commission expires----------- , 190-.
RESOLUTION TO INCREASE CAPITAL STOCK AND CERTIFICATE OF INCREASE.
At a meeting of the shareholders of the ------- — Bank o f —------- - at
•
----------- , Oklahoma, held on the ----------- day of ----------- , 19<K after
notice given to all of the stockholders of said bank, as required by law
and the by-laws of said bank, at which ----------- shareholders were




2477

present in person, a n d ----------- shareholders were present by proxy, rep­
resenting ----------- shares of the capital stock of said bank, it was
Resolved, That under the provisions of section 18, article 3, chapter
of the laws of 1893, of Oklahoma Territory, the capital stock of
s bank be Increased in the sum of $----------- . making the total capital
stock $----------- ..
The above resolution was passed and adopted by the following vote,
representing more than two-thirds of the capital stock of said banking
corporation:

S

Name.

Residence.

Number of shares.

Total number of shares :
Thereupon the said increase of stock was paid in, and the same as
increased is now fully paid in cash.
Signed a t ----------- , Oklahoma, t h i s ----------- day o f ------------- , 190— ,

President of Stockholders’ Meeting and Director.
Secretary of Stockholders’ Meeting and Director.
T er ritory of O k l a h o m a ,
—
T~, ----------- County, ss:
Subscribed in my presence and sworn to before me this
o f ----------- , 190— .
My commission expires ----------- , 190— .

Director.
day

Notary Public.

Appendix I.
the williams-roddie banking bill.
Passed by the first State Legislature of the State of Oklahoma and
approved by the governor December 17, 1907.
Amendatory and supplemental to the Oklahoma banking laws as
heretofore published in pamphlet form by the banking department.
OKLAHOMA BANKING LAW.
Banks are semipublic institutions. The character of their business
is such that they must practically stand or fall together, and a law that
protects depositors will of itself be the best protection that the banks
themselves can have.
Honesty and capability in banking are Indispensable to proper pro­
tection of the depositors and for protection of the banks themselves.
Dishonest and reckless banking must not exist.
Active managers of banks must not be borrowers from their own
banks.
Banks must be frequently and carefully examined.
The following new sections and amendments have been made to the
existing banking laws of the State of Oklahoma, which gives the State
a code of laws which forever insures the stability of the banks and the
safety of deposits:

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

Section 1. A State banking board is hereby created, to be composed
of the governor, lieutenant-governor, president of the State board of
agriculture. State treasurer, and the State auditor.
S ec . 2. Within sixty days after the passage and approval of this act,
the State banking board shall levy against the capital stock, an assess­
ment of one per cent of the bank’s daily average deposits, less the de­
posits of State funds properly secured, for the preceding year, upon
each and every bank organized and existing under the laws of this
State, for the purpose of creating a depositors’ guaranty fund
Said
assessment shall be collected upon call of the State banking board.
In one year from the time the first assessment is levied, and annually
thereafter, each bank subject to the provisions of this act, shall report
to the bank commissioners the amount of its average daily deposits for
the preceding year, and if said deposits are in excess oil the amount
upon which one per cent was previously paid, said report shall be ac­
companied by additional funds to equal one per cent of the said daily
average excess of deposits, less the deposits of State funds properly
secured, and less deposits of the National Government, for the year
over the preceding year, and each amount shall be added to the deposi­
tors’ guaranty fund.
If the depositors’ guaranty fund is depleted from any cause, it
shall be the duty of the State banking board, in order to keep said
fund to one per cent of the total deposits in all of the banks subject to
the provisions of this act, to levy a special assessment to cover such
deficiency, which special assessment shall be levied upon the capital
stock of the hanks subject to this act, according to the amount of their
deposits, as reported in the office of the bank commissioner, and said
special assessment shall become immediately due and payable.
Sec. 3. Banks organized subsequent to the enactment of this act
shall pay into the depositors’ guaranty fund 3 per cent of the
amount of their capital stock when they open for business, which
amount shall constitute a credit fund, subject to adjustment on the
basis of its deposits as provided for other banks now existing at the
end of one y ea r; provided, however, said three per cent payment shall
not be required of new banks formed by the reorganization or consoli­
dation of banks that have previously complied with the terms of this
act.
Sf
.C 4. Any national bank in this State, approved by the bank com­
missioner, may voluntarily avail its depositors of the protection of the
depositors’ guaranty fund, by application to the State banking board
in writing, and the said application may lie sustained upon terms and
conditions in harmony with the purpose of this act, to he agreed upon
bv the State banking board, the bank commissioner, and the Comp­
troller of the Currency of the United States: Provided, That in the
event national banks should be required by Federal enactment to pay
assessments to any depositors’ guaranty fund of the Federal Govern­
ment, and thereby the deposits in national banks in this State should
be guaranteed by virtue of Federal laws, that the national banks
having availed themselves of the benefits of this act, may withdraw
therefrom and have returned to them ninety per cent of the unused
portion of all assessments levied upon and paid by said banks

CONGRESSIONAL RECORD-SENATE.

2478

F ebruary 25,

located in cities having over 2,500 population, an amount equal to 23

S ec . 5. Whenever any bank organized or existing und
the l a ^
per cent of their entire deposits, two-thirds of which may consist of
of this State shall voluntarily place itself in the re n d e re d h y a court holances due to them from good, solvent banks, selected from time to
commissioner, or whenever any judgment shall he rende^ e o ^ y b&nk ,g time with the approval of the Bank Commissioner, and one-third shall
of competent jurisdiction adjudging and decree ng t
a hanking consist of actual cash : Provided, That any bank that has been made the
insolvent, or whenever its rights or franchises ^
U“ djudged to be depository for the reserve of any other bank or banks shall have on
hand at all times in the manner provided herein 2o per cent of its
business under the laws o f this kS commission el- shall become satisfied deposits Whenever the available funds in any bank shall te beiow the
forfeited, or whenever the
J®” ' f l u e examination of
mmired amount, such bank shall not increase its liabilities by
of the insolvency of any such
bank Tnd its nssets and proceed to
inv new loans or discounts otherwise than by discounting or purchasing
5 ! n f S Si t “ * « ? S " n d ° f o ° e X “ « !
£ r , o , m l liability at tb . atodt- bills of exchange payable at sight, nor make any dividends of Its profits,
until the required proportion between the aggregate amount of its
holders, officers, and directors.
1
denosits and its lawful money reserve has been restored; and the Bank
[Amending section 29 of the hanking laws.J
Commissioner shall notify any bank whose lawful money reserve shall lw
sec 6 In the event that the hank commissioner shall take Posses­
below the amount required to be kept on hand to make good such reserve,
sion of any bank which is subject to the provisions of this a t, d
and if such hank or association shall fail to do so for a period of thirty
dosi tors of said hank shall be paid in full, and when the cash avau
dovs after such notice it shall be deemed to be insolvent, and the Bank
able, or that can be made immediately available, of said bat ba^ king Commissioner shall take possession of the same and proceed in the man­
sufficient to discharge its obligations ^to depositors, the sa d ^ ^ a<jdi- ner provided in this act relating to insolvent banks. The Bank Commis­
board shall draw from the depositors guaranty t o d and irom
sioner mav refuse to consider, as a part of its reserves, balances due to
tional assessments, if required as provided ‘ state shall havl; f?r the any bank' from any other bank or association which shall refuse or
necessary to make up the deficiency and the State shan n ive,
a8getf} neglect to furnish him with such information as he may require from
benefit of the depositors’ P ^ ra n ty fnnd a
offlcers, and time to time relating to its business with any other bank doing business
of said bank, and all liabilities against „ the 1stocano e rD o ra tio n s) 0r under this act w'hioh shall enable him to determine its solvency : Pro­
of said bank, and all liabilities aSa ‘ u
,i1L t ^ .n^ “ ^ r"c o i » ationS) or
vided, benefit
directors of said hank,
and
against a l L
*bv
the state forthe That all savings banks or savings associations which do not
firms. Such liabilities may beenforced by the btate ior
transact a general banking business shall be required to keep on hand
of the depositors’ guaranty fund.
nrwsession of the hooks, at all times in actual cash a sum equal to 10 per cent of their deposits,
Sbc . 7. The bank commissioner shall take possession
t debtSi and shall be required to keep a like sum invested in good bonus of the
records, and assets of every description of such b^vnU ^ frict court United States, or State, county, school district, or municipal bonds of
dues, and claims belonging to B, and upon
‘>r0r d o u b tfu l debts,
the State of Oklahoma, worth not less than par.
or juctee thereof may
sell orcompound all ~~~ , nr0nertv of such
[Amending section 13 of the banking laws.]
and on like order may sell all the real or Peit^01 gofPm.fy direct, and
Sec. 16. The total liabilities to any bank, of any person company,
banks upon such terms as the court
.^ d then enforce the
may. if necessary, pay the d e b t s r o t o r s ° Provided, however, corporation, or firm for money borrowed, including the liabilities of tba
liability of the stockholders, offlcets and d rector
not include company or firm and the liabilities of the several members thereof sha l
,
that bad or doubtful debts as used in J . f semion
not at any time exceed 20 per cent of the capital stock of such bank
actually paid in, but the discount of bills of exchange, drawn in good
the liability of stockholders, officers, a r d l r ® t 0 .
c
laws I
[Amending section 29 of the hanking j
j
"
q{ hh faith against actual existing values, as collateral security, and a dis­
S ec. 8. It shall he the duty of
(lf this
assistants, to visit each and every hank subjec t t o ' M
advisable, for
act, at least twice each year, and oftener if
and inquiry
the purpose of making a l a l l a n d c
k . and for that purpose
into the condition of the affairs of s “^h t
’ hereby authorized and
the bank commissioner a n d A *s arfd +^examlne under oath the stockempowered to administeri oaths, and to exa
and agents of such
ssssr j t t s s f s s s s

M

s s r v & r s s & i S K r & 'S s a t t s s * .« .

« •

s

»«•<»

s

>n « •

FAmendiDg section 24 of the banking laws.]
fine.
dollars ($2,500) per^ ancmm_a
fT
(iog
vernor) necessary assistants,
and t h f s lla r y of each assistant shall not exceed fifteen hundred dolfars ($1,500) per annum and traveling expenses.
[Amending section 54 of the banking laws.]
SEr d °w S h et S ? r o 7 £ f o T t M f a
complied with tffie proyis
bank has c? “ phed d lttk„ t safety to
bank depositors and that s
-y
the depositors Suajanty fu
ed

? t a clrtificate^tating that said
this state for the protection of
its depositors is guaranteed by
g tate 0f Oklahoma. Said certifiin itg p[ace 0f business, and said

hankS
mav S i X o r engrave upon 'its stationery and advertising matter
8 c t°* $

b S b r . U n n a m e d b hereby dS

Cla£pn V l beAftefr
elt°h bank commissioner shall have taken possession of
ey
S ec . 11. Alter me w u s vy m-ovisions of this act,
the stockholders
any bank which is
subs tute its reserves, and
thereof may repair its credit,
restore,or suo»
t0 do a general
otherwise place it in condition “ that it ^ diuamed to ao % g




5 ! S s a « r w ‘J
S
%
s
i
a
V o p S a T t S K
S b S l d S rCh t e % m p f l e d with the
s
affairs, 13 or tne opinion u a
fundg are in an respects repaired,
la w s, that the’ bunk 3aa ® ^ad e from the depositors’ guaranty fund
fully ™ a f d “ t f r e le r r e restored or sufficiently substituted, and that
ft /h n u T b e permitted to again reopen for business, whereupon said
hunk commissioner is authorized to issue written permission for reb
hank in the same manner as permission to do business
^ g r a n te d Saff er the incorporation thereof, and thereupon said bank
a

bf iv nf such bank fully paid and not hypothecated.

Such stock shall
stock of such bans i
y i
deb(. Any director, other officer, or person
not be
j PI ‘lp y■
Q
°Violation of the laws of this State relating
who shall paithipa
■ . liable for all damages which the said bank.

sto“ »“ “ >"■ln » “ equence of such n o i ^ io 'lawfui for any active managing officer of any
.?
Sec. 13. It shall be " “ i “ Wiui ini a j
of th|g gtate t0 borrow.

t « . l y r S , e “ .l “ S S

from fl» bw k w ltbiw b fch ^

^ r U % e l “ ig 0 t t T la m e “ shall bo deemed guilty of larceuy of tbe
“ S S f i T ^ y

president, director, “ f ' |

£

r- o c,; V
r

S

« ’•»“

SS ffi‘ abank«or9 6 S » person, compan^V®rJ i hpl kt. int’ont
s any individual, - S s S S
defraud the

to deceive any officer of the bank, and any peraon who with like intent
aids or abets any officer, agent, or clerk in any violation of this seen >n
shall be deemed guilty of larceny, and upon conviction thereof shall be
punished as for larceny of the amount directly involved.
[Amending section 39 of the banking law's. 1
Sec. 15. Every bank doing business under the laws of this State shall
have on hand at all times in available funds the following sums, to w .
Banks located in towns or cities having a population of less than
persons, an amount equal to 20 per cent ox their entire deposits, Dauss

count of commercial or business paper, actually owned by the Pexsoni
shall not be considered as money borrowed: Provided, however, lhat
any bank without impairing its reserve, may advance funds to any^per-

Such advances or loans must be limned to lo per cent oi me ium i
market value of such products, secured by elevator receipts, warehouse
certificates, or yard tickets, with fiie-insurance policies in amount to
guarantee the bank against loss. The Bank Commissioner shall require
any bank to reduce or liquidate any of the aforesaid loans when ha
deems the security insufficient, believes that the loans are being carried
for speculation, or that the condition of the bank will not justify such
loans.
. . . .
,
[Amending section 14 of the banking laws.]
S e c . 17. The violation of any of the provisions of this act by tha
officers or directors of any bank organized or existing subject to the
laws of this State shall be a sufficient cause to subject the said bank
to be closed by the Bank Commissioner and for the annulment of its
charter.
. . . .
,
,
[Amending section 21 of the banking laws.]
S e c . 18. Any officer of a bank found by the Bank Commissioner to
be dishonest, reckless, or incompetent shall be removed from office by
the board of directors of the bank of which he is au officer on the
written order of the Bank Commissioner.
, . ,
Sec. 19. The expense of administering the depositors’ guaranty fund
by the State banking board shall be paid from said fund.
S e c . 20. All acts and parts of acts in conflict with this act be, and
the same are hereby, repealed.
,,
_ .
Sec. 21. For the preservation of the public safety, this net is de­
clared to be an emergency and shall become effective immediately after
its passage and approval.
Approved December 17, 1907.
THE STOCK EXCHANGE.

Absorbs capital, inspires gambling, cripples legitimate commerce, Is
the home of false pretenses and spurious goods.
A LEGITIMATE EXCHANGE is a business necessity.
It should exist under control of an official board created by law.
It should list no securities excppt such as the board find have been
lawfully issued, and with substantial worth, based on substantial assets.
An inventory statement should lie given the public, showing lim real
assets back of listed stocks and bonds, so that the purchaser may know
the intrinsic value thereof.
. . ... „ ,
Tangible as well as intangible assets should be truthfully shown.
If the assets are property, or cash, or good will, or tariff favoritism,
or whatever the assets may consist of, give the public fair notice.
W sales should never be permitted.
ash
Short selling should never be permitted.
M
argin transactions are gambling, and should be prohibited.
The concentration of vast volumes of call loans to a few borrowers
(an incident to margin trading), and subject to payment on demand,
will forever make the finances of our country unstable, and therefore
should be restricted,
Offlcers of a stock exchange should not be permitted to trade therein.
Officers of a corporation, whose securities are listed, should not be
permitted to trade therein.
Lenders of money (or the officers) for stock-exchange dealing should
not be permitted to trade on the exchange directly or indirectly.
In short, a stock exchange under lawful control should be limited to
bona fide purchases and sales of legitimate securities.
A SAMPLE INVENTORY.

If the truth were told by correct inventory to day of three fourths of
the largest capitalized industrial companies that have manipulated their
way onto the New York Stock Exchange list since 1901, for each one
hundred million dollars capitalization, the statement would read about
like this:
Mills, stock on hand, and all other tangible property____$20. 0<)0. 000
W
orking capital----------------------------------------------- 5,000, 000
Value of patents (not cost, of course)______________ 25,Ow, 000
Estimated benefit of tariff law___________________ - 50, 000,000
Total_________________________________ 100, 000, 000
And most of them would show even more water and less real value.

1908.

CONGRESSIONAL RECORD— SENATE.

Extracts from address of Governor C N. Ilaskell before Kay County
.
(Okla.) Farmers’ Institute:
“ W are not here to encourage strife, envy, or jealousy between peo­
e
ple of different walks in life; our hope is to aid in promoting brotherly
love. But brotherly love can only be the outgrowth of equal and exact
justice.
“ Life, to be a period of happiness, comfort, and prosperity, must be
mutual. Farmers, bankers, merchants, manufacturers, railroads, and
other interests are each and every one of them a part of the necessary
aggregate, each one essential to the welfare of the other.
“ The great family of industry and progress ie divisible into two general C S S *
ifl.S 6
“ First, those who create the things indispensable to life and the basis
of all business (and the farmer is the head and shoulders of this entire
class).
“ Second, those whose business is the handling of created things. The
banker finances the business, the railroads transport the freight, the
merchants distribute the products and the goods throughout the land,
and the manufacturer supplies the implements and tools; all have their
usefulness in life, and the aim of government should be to preserve
equally and to prevent one class from overreaching or preying upon
another.
. ., ,
“ Pioneer life in every State has demonstrated the fact that it is
possible for the producing class to live without the other business ele­
ments, but that existence in pioneer days was short of the comforts of
life that these aggregate elements afford ; but I do say that when I see
the producing class forced to content themselves in Newkirk to-day
with a 25-cent dinner at a restaurant, and know that some .of the
commission class in the great business centers require a $o lunch, I am
constrained to believe that the difference between the producer and the
agent is too great to indicate ‘ equal and exact justice to all. It re­
minds m that it is not sufficient for us to shout for joy over dollar
e
wheat and 10-cent cotton, unless the actual producers are getting a
fair share of these prices.
“ A O A O S C N ITIO S.
N ML U O D
N

“ Never before in the history of our country have we faced such an
anomalous condition as now confronts us.
“Our crops arc bountiful.
“ The prices are good.
"And yet a financial panic is upon us.
“ Nothing can be more absurd. W are like unto the man of great
e
wealth whose millions might be stored in a vault with the door locked
and the key lost, and In consequence the man starving for his supper.
“ There must be a reason for such remarkable and absurd conditions.
" FINANCES.

2479

“ I am ready to agree that a stock exchange, conducted under regula­
tions of law for the purpose of affording a convenient place to buy and
sell legitimate stocks and bonds, would be a public convenience, if not
indeed a public necessity.
“ But the stock exchange', as conducted for years, is a public calamity,
where intrigue, conspiracy, avarice, recklessness, malice and the spirit
of gambling hold full sway, and destroy any element of usefulness that
legitimate business might enjoy. W commonly speak of the New York
e
Stock Exchange, because it is the central organ, to which all other
exchanges in our country are tributary.
“ LISTING STO S.
CK

“ The admitting to the lists of the stock exchanges of stock and bonds
of any company for trade upon its floor should he, at least, a guaranty
of intrinsic value, stability and honesty, so far, at least, as moral
obligation would assure the people. Contrary to the opinion of some
writers, I think that tho stock exchanges should not list securities upon
new, unknown or incomplete enterprises, but that the lists should be
limited to known proven values. This is not done, and is one of the
sources of greatest danger. No inflated issues of stocks or bonds should
ever be admitted to the lists.
“ WASH SALES.

“ Publicity has corrected many evils, and will have to be called Into
use many times again for the same purpose. Every sale and purchase
on the stock exchange should carry with it publicity, the name of the
seller and the purchaser as a necessary means of avoiding wash sales,
and other crooked practices, which are possible only by the present
methods of secrecy. Under the present rules of the exchange, nobody
but the broker and his client are supposed to know who is the seller,
and nobody but the opposite broker and his client are supposed to know
who the purchaser is. If you were to ask one of the managers of the
stock exchange if wash sales are permitted he would tell you ‘ Cer­
tainly not,’ and yet one familiar with the practices knows that in­
variably markets are boomed (particularly on newly listed securities)
by a persistent system of selling and buying back and forth between
the schemers, who have manufactured securities of little intrinsic value,
and are trying to entice the suckers (sometimes called lambs) into the
buying side of the market. This is carried on for days; while the
newspapers publishing daily purchases of the stock sought to be boomed,
and with a constantly advancing price the lambs are impressed with
the notion that the stocks are active and will continue to rise in value.
It is only then that the wash sales cease and the lambs are given a
chance to buy uninterruptedly, and the next thing that happens the
schemers have unloaded millions of dollars’ worth of valueless stocks
and bonds upon a multitude of inexperienced and uninformed pur­
chasers. all because a stock exchange exists for the benefit of the
gamblers, and not for the protection of the buyers of legitimate
securities.

“ M judgment is that this reason is found in a too limited circulat­
y
“ SHOUT SELLING.
ing medium in the first place, and, secondly, in the unrestricted use of
what money we have for gambling purposes. The first proposition is
“ If stock exchange dealing as managed to-day is not a gambling
one that has been talked so many years that we are not going to take proposition, then why permit anyone to sell something that he don’t
time in our weak thoughts to supplement the able arguments that all own. and can’t deliver unless he can afterwards borrow or buy it from
of you have heard in years past, but to the second proposition I want ! another (in case delivery is ever required) ? The facts are that open
to devote a little time,
short selling of stock is carried on to a limit where the entire out­
“ First, permit me to read quotations and comment of the New York standing issue of that particular stock is oversold, and delivery could
W
orld, renewed by comment from the Wall Street Journal (of Novem­ not possibly be made if all of the purchasers demanded their stock at
ber 20) :
one time. The fact is that the seller had nothing to sell, but was
“ ‘ You can look for immediate relief wherever you please. Mhen you simply betting his margin money that his liberal selling and other con­
tire of looking elsewhere, you will agree with me that the quickest road ditions would so beat down the market price of that particular stock
to financial relief Is to close the New York Stock Exchange and free that he could turn buyer himself in time and secure enough stock (pur­
the currency that it dominates and turn it into the channels of legiti­ chased at a lower price) to cover his short sales, and thereby make a
mate commerce.’—Governor Ilaskell, of Oklahoma, in his inaugural profit. He might just as well have bet the amount of his margin
address.
sun would
shine
“ ■i also regard It as most desirable that the taxing power of the Gov­ money that thehe had won not lost to-morrow\ and then wait the result
or
ill
Wall
ernment shouldffie used to prevent gambling in railroad stocks by taxing to see whetherthe short selling of his bet. W the stock Street Journal
contend that
Northern Pacific
in ay. 1902,
all sales, where delivery is not made within such reasonable time as which run the price of that stock up to $1,000 per share, M for a
and
to indicate that the transaction was bona fide and not for specula­ time demoralized finances throughout the country, was beneficial to
tion.’—Chairman Llepburu, of the Ilouse Committee on Interstate Com legitimate commerce?
­
merce.
,
,
“ M R IN D A IN .
AG
EL G
“ ‘All this is notoriously true. For three weeks and more legitimate
business has been bled white in order that ready cash could be provided
“ It can safely be said that less than 5 per cent of the stock ex­
to keep the Wall street gambling game in operation.’—New York W
orld. change transactions are for the bona fide purpose of either selling what
“ ■ ll this is notoriously untrue. The legitimate business of the'
A
country has not been hied during the past three weeks in order that
ready cash could he provided to keep the Wall street gambling game in
only can ever hope to g e t __
__
operation. As a matter of plain fact, Wall street speculation Las been those who manufacture stocks and bonds of little actual cost and boom
at u minimum during the whole period of the panic. The fact that the the price until they unload on the lambs. Second, the brokers who are
stock exchange has been open and its market in operation during this content to act for others in buying or selling, earn their commission of
panic has been one of the most beneficent facts of the situation. It $12.50 on each 100 shares, and put it in their pockets for keeps. Legiti­
has been of enormous value to the country. It has, for one thing, pro­ mate business necessitates that a stock exchange should be limited to
vided a place where the bond and security reserves of the banks and of bona fide sales and purchases, but the stock exchange as it is run is at
Individuals could be sold in order to obtain the cash with which to least 95 per cent of it a margin business, and by a margin business we
OO
meet the needs of the country. Moreover, one of the saving clauses mean that the seller goes into the broker's office and d^osits ?L O
of the panic has been the enormous investment buying in email lots for in money (for example) and orders the broker to buy him $10,000 wort a
cash in Wall street. Margin operations have been strictly discouraged. of the stock or bonds indicated. The broker becomes banker and broket
The dosing of the Stock Exchange during this panic would have been a at the same time, and in turn borrows the money from the great finan­
national calamity. It is not too much to say that it would have cial institutions of Wall street and vicinity to carry practically all of
plunged the country into universal Insolvency.
The' short seller likewise margins his order with usually about 10
“‘M
oreover, it may be said tath for a year or more, it has not been
W a ll street speculation which has extended the credits of the country per cent of the par value of the thing which he desires the biokei to
Lll There are two principal objections to permitting the margin busi­
so much as the speculation in real estate that has been in progress,
It induces people
not merely in New York, but throughout the country, and to this specu­ ness. First, the gambling feature. wager, a mere bet to buy and sell
on the stock exchange purely as a
that the future
lation Oklahoma has contributed its share.
erices will either go higher or lower (as the case may be),, and this
“ ‘ The idea of abolishing the stock exchange as a cure for financial character of transaction Is not in the slightest degree beneficial to
Ills has been frequently advanced in times like this. But any country the legitimate buying and selling of legitimate securities. You could
which attempts to prevent speculation will only hurt itself. Such a strike out all th margin purchases and sales of the stock exchange,
e"
remedy is like cutting off one’s nose to spite one's face. That all
while
of shouting and trad­
street might well increase its rate of margin from 10 to 20 or 2o per and in the you would vastly decrease the amountin the slightest degree
ing
stock exchange room, you would not
cent in ns speculative operations in order to cut oft a lot of specula­ limit bona tide business transactions. Indeed, you would increase
tion which is unsound and dangerous, is probable, but any tax levied legitimate transactions, because in the absence of an opportunity to
upon business is a tax upon enterprise. Speculation has its place in
the economy of business. It may lie, and otten is, grossly abused, but gamble in margin transactions, you would add largely to the money
argin trading is the greatest source
It enormously facilitates the advancement of enterprise and if this available for actual purchases. M
conditions. There is scarcely a time when the money owed
country wishes to progress as it lias in the past, it should be careful of panicky transactions is not equal or greater than the whole circulat­
to maintain as free from outside interference as possible its great market o n margin
ing medium of the United States. And unfortunately for the stability
f° “ ^Germany has tried the experience of restricting stock trading in of the finances of the country in general, this money so owed is u s u a l l y
subject to payment on demand. As a rule the broker is liable to be
B e r lin lu order to stop speculation, but with such injurious effects that
a in e d
it is now considering a plan for reinstating a free market—W
all required by the bank to pay on demand the loans that he has o b tnotify
in order to carry his numerous customers. The bank may
Street Journal.




6*v

wong«» ’

CONGRESSIONAL RECORD— SENATE.

*
, i

•

E

ebeuaey

25,

“
leading plants
the broker any morning that his loans must he paid before the close one It acquired the twenty plants, of the'country untilanow it lists over
hundred
located in about
dozen different
of that day’s business, and what is the result? That single broker States of the and
Union. The purpose of acquiring these
may notify hundreds, yes, thousands, of customers In the next few company was to destroy competition, create trusts (asplants by one
it were), or
minutes that they must largely increase their margins (if not pay the monopoly, and thereby be able to control the price at which they would
whole sum), and thus the panic begins. The prairie has been set on sell uails. wire, railroad rails and other iron products to the American
fire, as it were. Many of the customers had been gambling to the consumer. Having thus monopolized practically all of the American
extent of their last dollar in their original margins; others may be
they rely upon an import
able to increase their margin for the first time, or second time, but millsforeign competing mills. tariff law, passed by Congress, to shut
ultimately they, too, drop out of the fight, the bank persists in calling out
“And what is the total value of these assets?
Its loans, the broker has no alternative except to throw his customers
“ In 1902,
r.
United
stock upon the market for liquidation. Now, consider for one mo­ Company, wasM Schwab, then president of theJersey toStates Steel
called on
in New
prepare an
ment ; there are about eleven hundred brokers on the New York stock inventory of the assets by a chancellor industry. After inflating the
of
Exchange, and a dozen big banks can call hundreds of millions of dol­ valuation of factories, mills, this infant
stock on hand, appurtenances, and so on
lars of loans in a single hour, and if the banks persist in call­ (and including the cash in the treasurv), to the highest degree that a
ing the loans, the eleven hundred brokers spread the call each sensible reading public might pass without criticism, he was was still
to their numerous customers. Defaulting customers multiply, vol­ seven hundred million dollars short of making the inventory valuation
umes of stocks and bonds are thrown upon the market, and the equal the amount of outstanding stock and bonds. A happy thought
panic is on. Legitimate securities have their values shattered, ana struck him and he made the two ends meet by saying with one stroke of
are carried down by being in bad company on the stock exchange witn the pen: ‘ Our ore lands are worth seven hundred millions of dollars.’
worthless securities. It is the concentration of demand indebtedness
‘ Handy, wasn’t it?
giving the power to a few banks to call such a vast volume or loans
1He could have said twelve hundred million dollars, if It had been
on a day's notice that will forever give us an unstable financial con­ necessary.
dition so long as this power rests in a few hands; and t u R tii;
av
“ Schwab knew very well that these ore lands had not cost the
this power is not often abused, and for selfish purpose, is to disput schemers who created the company 5 per cent of seven hundred million
the truthful history of recent years. Will anybody pretend
tnat
panic of December, 1890, had any legitimate cause or any cause in dollars.
fact other than a desire on the part of one strong bankinB element
“ TRUE INVENTORY.
to wreck another, and again, can anybody pretend that whatwas
“ A true inventory at that time would have read about like this:
known as the Venezuela panic in 1895 occasioned by tbe
“ Ore lands, mills, stock on hand, cash in the treasury, and every
sibilitv that President Cleveland’s Venezuela message would provose
a conflict with Great Britain, would ever have
t other thing of value, about four hundred and forty million dollars.
“ Dingley Tariff Bill benefits, about ten hundred million dollars.
the margin practice not been in existence? The second wber thought
“ That would have been a true inventory of the United States Steel
of the people left no cause for alarm whatever, but before that setomi
thought, the bankers’ power to call the vast amount of loans indent Company assets, and yet the New York Stock Exchange gave faith and
credit to these spurious issues of stocks and bonds, by admitting them
to margin trading on the stock, exchange had wrecked W ™ * J
e
well as a vast volume of illegitimate business. And to
veriest to its list for trading purposes.
“ The governmental authorities slept while this gigantic steal was
stock exchange is not a consumer of ready cash is to state the
nonsense. There has not been a time in years that aCtt all street: bamt going on and the lambs who bought the stock were being fleeced ; even the
United States mails were permitted to be used to scatter this destructive
would consider a legitimate loan to a wholesale
« * £ ■ ,}
facturer, or a bona fide grain or cotton dealer without first looMng blast throughout the world. You will note there are two sides to a con­
at the stock even, thenticker.banker had moneythe SwHlmate ^fnes of dition created by such practices. Through the medium of the stock ex­
smooth and exchange the If the pulse of for legitimate lines or change thousands of people throughout tbe world have become owners of
commerce, but if the ticker indicated a feverish c o n d i t io n o=the stock these grossly inflated issues. Two-thirds of their value depends upon an
exchange, the banker’s answer was ready at once. It would d . unjust act of Congress that may be repealed at any day, for will
any one pretend that when Congress is prepared to stand for the
Leave your
people's rights that this great company, which now sells a quantity
ina^ the readreash can’t be spared. The stock exchange may turn of nails at $6.50 after a long shipment to foreign shores, shall be
rethe bad any minute, and our banks must be prepared for the emer­ permitted to exact $10 for the same quantity of nails from the Ameri­
gency.’ thansay that the demandsmedium instreet,T
werT1S?ate?°Tnd can farmer right at home. And when that wrong is righted and the
ureater To all the circulating of Wall the United states, ana United States Steel Company is denied the right to rob our people,
authorized to demandargument at anystronger than the mere assertion what will become of the innocent purchasers who have invested in its
the cash much time, does JiAhJ^re^ asset tion
business requires an
Inflated securities. One of two innocent parties must continue to
suffer. Either the innocent purchasers of the United States Steel
°f “ In UmLSofeefinJ
andaiai3tress the stock exchange must be favored Company's stocks and bonds, from purchases made possible by a
(they tell you) by giving it tbe first privilege in the use of cash to gambling stock exchange manipulated by the frenzied financiers who
avoid a general financial calamity.’ In times of peace it is favored manufactured these issues, or a long-suffering public must continue to
aga n It is then that the bankers demand 20 per cent interest for be robbed by tariff based on robbery only. And this is not a new sub­
ffoan secured with live stock, while they accept 2 per cent on a loan ject. But a few short months ago this same United States Steel Com­
pany, which by the manipulation of Us managers had boomed these
secured by watered stock.
stocks to tremendous prices, fell like an avalanche on legitimate
“D
AYS O G A E
P RC.
finances, and in a few days showed an aggregate depletion of nearly a
“ getter termed clays for calm reflection; would also work for stahalf billion dollars.
“ Wall Street Journal, will
contend that a
exchange
W
1.?StS the p5in
me/l grand rush, which is the finishing touch to the recognized and put its stamp yougood faith upou stock securities that
of
such
is a
well-laid scheme of the gambler to corner or smash the market.
legitimate business enterprise, necessary to the welfare of honest
“ The foolish war scare,—
finances ?
“
that the battle of Gettysburg
« S ? min S e d Tnfluences made to order and which often unset­ intoIt can truly be saiddid the decline iu prices of thespread sadness
l”e
than
United States
tle financi from Jceau to ocean would usually fall flat if the power to Steel fewer homes stocks, and that, while every scar on the field of
Company's
can such climax bv hasty action was limited.
Gettysburg was a badge of honor, these scars on Wall street were
“ Remember one thing: We will never have stable financial conditionfls long as the powlr is in the hands of a few men in a single city brands of disgrace and destruction. however, and that Is that there
to call such vast amount of loans on short notice, no m -L whether is “There Is one comforting thought, States Steel Company is capa­
atU
year wliem the
such action be inspired by fever occasioned by gambling, by foolish war bleone day in thecorrect value onUnited
of putting a
its assets, and that is the day when
C
dqrp nr hv iin effort to corner or smash the stock marker.
they value their property for taxation. Their last annual report says
“ They sly stock exchange speculation is essential to prosperity ; yet that their taxes for the year were $4,356,126. This Is practically
they favored abolishing the Louisiana Lottery which was a game of two-elevenths of 1 per cent of what they say their property is worth
chance free from manipulation, and gave its patrons a fair gambler s for stock exchange purposes. W we realize that about 2i per cent
chance for his money, find affected no one but patrons; and now they is the usual amount that otherhen pay for taxes on the value of
folks
defend a aambling game subject to manipulation, and the effect of their property, it leads us to suggest to the tax collector that it might
which controls the luppiy and rate of interest on money for every be well to remind the United States Steel Company that they are either
the
misrepresenting their
l€g“ L?t’m
t ellg?ve0y u m
aneiilfustration.of a class of stocks and bonds, stealing fromstock tax authorities or they are States Steel Company
value on the
exchange. True, the United
shows a net earning of about $180,000,000 for last year, being about
C k h S a i f 1' P
B
W
i &
J
S
than 12 per cent on their stock exchange value, or about 40 per rent on
manv others, yet I have some knowledge of stock exchange methods and their actual value, about 10O per cent on the value they return for
, a %ArdiT2 an opportunity for bona fade dealing in legitimate secun- taxation, but who will take care of the day on Wall street when the
+L ,?ndergleeal control, and for cash, I am in favor of a stock ex- Dingley tariff bill shall be so revised as to deprive this favored insti­
K 4
But as an opportunity for displaying worthless goods and for tution of its right to rob the American consumer of steel and iron
gambling practices and margin transactions as it now exists, I am products. That day will see another panic, whenever it comes, unless
stringent laws shall have been passed placing the stock exchange under
°^°A«da^illustration I want to use a company of which I also had legal control, depriving It of the power to deceive the public through
As an VViiVvvAJi-r.nw their methods and valuations. As a con- the dealing in spuriousit securities, destroyed margin dealings, wash
tX L r P vea’sy l w a s a considerable customer for the products of one sales, gambling, and every other practice except that of legitimate
for
ana ?= «
I PL T a S
< ',”
°me Sem“ S * * " bona fide buying aud selling of legitimate securities. stocks and
“
should the
companies whose
subcompany that
steel Company. I do not know why are Neitheron the stock officers ot be permitted to deal In them. bonds
listed
exchange
The
recent instance of one in control of a great railroad property in ibe
West secreting the financial conditions of his company and its ability
and likelihood of dividend paying, to the end that he might profit by
purchases of its stock, should be a sufficient object lesson, at least to
as cornn isIron the agricultural hand andhand.^And rue UnitedSmaies of thewho sufferedstreet bankers? is there And what isof them who
in and corn went line, in we Ana ttm Liiueu t a t e s those great Mali from his manipulation. 20 per cent the practice
on,, t-h tSteel Company Is not an Infant Industry in the
that w under­ do not directly or Indirectly deal on the stock exchange end whose
ri
stand the word ‘ infant.’ For it has a capitalization ot
«* personal profit can not be increased by either the restricted loaning of
hundred million dollars of stock and nearly six hundred million^dol a sof money from his bank to the margin traders or hv tbe raising of in­
bonds, outstanding, a total of fourteen hundred and forty million dollars terest rates or the calling of loans on the same people. If one of these
bankers has made his bet that stock will fall In value, he has but to
practically equal to half the circulating medium of the United o - - •
“ What does this company own that gives it this tremendous -value, use his power as a hanker to call loans or raise Interest rates and
he has won his bet; or, if he has bet that the price of stocks will
or does it really have the value?
advance, he has hut to encourage the more liberal loaning of money am)
“ Let us see;
. , __ _
“ This company was created in 1901 for the purpose of becoming the reducing of interest rates to brokers and he will win that bet. And
in view of all these gambtiug manipulations, possibilities, and oppor*
owher of Iron and steel manufacturing plants, properties, etc.




tunltles, when the chief schemer and manipulator, and in many in­
stances the great banker, are one and the same person (or aggregation
of schemers) and having the management of the stock exchange sub­
ject to their dictation, and the financial policy of the country under
their thumb. W do you say, citizen of the producing class, to this
hat
stock exchange as it is now operated? A public necessity or a busi­
ness calamity?
. „
“Always bear in mind that we have in these great financial centers
and among the wealthy class many men of honor and patriotic pur­
pose, and who. when the time comes, will respond to the opportunity
to create a legitimate stock exchange limited to legitimate purposes.
O
KLAH M
O A'S P A T A P A T SE U E E C N O U ITED STA S
R C IC L L N O C R
LE TIO
F N
TE
SE A R B D E T V T O TH P O L .
N TO S Y IR C O E F E E P E

Governor Haskell is the first to commence action for a constitutional
amendment under article 5 and calls the plan the “ Oklahoma plan.”
Ilis Christmas greetings to Oklahoma follows:
TH P O L 'S CH ISTM
E EPE
R
AS G E T G
R E IN .

“ There has been plenty of talk. The Oklahoma policy is that actions
speak louder than words.
“ It is customary in many States at Christmas time to extend ex*
ecutive clemency to some State prisoner, but on this occasion I find no
application for pardon ready for hearing under the law upon which I
am at all satisfied that the pardoning power should be exercised ; but
after a conference, I am fully convinced that there is an opportunity
to a certain extent to aid in liberating eighty millions of people.
i
“ For years there has been much talk concerning the election of
United States Senators by direct vote of the people, the same as we
elect the governor and other State officers. This talk avails us noth­
ing, and tue time has come when we should either quit talking on the
subject entitely or take appropriate action to secure definite results.
“To elect United States Senators by direct vote of the people the
Constitution of the United States must be amended. W find there ane
e
two ways to propose amendments to the Constitution. One is for the
United States Congress, by a two-thirds vote of both Houses, to pro­
vide for submitting the question of amendment to the several States of
the Union.
“ The other method of securing the submission to the States of an
amendment to the Constitution is for two-thirds of the States of the
Union through their legislatures, to requesting Congress to call a con­
vention of the States for submission of amendments to the Constitu-'
tion. W
hereupon the Constitution of the United States says that
Congress shall provide for such convention of States, and the sub­
mission of the amendments to the Constitution which such convention
shall propose to the several States for their proper ratification, and in
either event when the proposed amendment is submitted to the several
States, if three-fourths of the States of the Union shall concur in the
amendments, the Constitution of the United States thereby becomes so
amended.
“ For years the people have waited for the Congress of the United
States to submit such an amendment to the Constitution; several times
the House of Representatives at Washington has adopted the proper
provision, but has never secured the concurrence of the Senate. There­
fore, it is time that the second method be resorted to, and if action
is taken in Oklahoma, and thirty other States of the Union join therein,
Congress must then provide for the convention of all the States to
formulate the amendment.”
Governor Haskell says that beyond question a vast majority of the
people of the United States desire to elect their Senators by direct
vote of the people, and this desire has resulted in primary election
laws, whereby fifteen of the States of the Union now recommend
Senators to be elected by tbe legislature, but such action is only a,
recommendation to the legislature, and lias no binding effect.
The governor, proceeding with action as a proper substitute fori
mere talk, has prepared a special message to the Oklahoma legislature,which will be ready for its consideration when it reconvenes after theholidays, respectfully requesting the legislature to adopt the following;
joint, resolution:
" lie it r e s o lv e d b y th e se n a te a n d h o u se o f r e p r e s e n t a t i v e s o f th
S t a t e o f O k la h o m a , in re g u la r s e s s io n o f th e le g isla tu r e a s s e m b le d :
“ Section 1. That the Congress of the United States is requested t
call a convention for proposing amendments to the Constitution of th
United States, pursuant to Article V thereof, and to provide the m
od
of ratification by the several States of the amendments so proposed.
“ Sec. 2. That at said convention the State of Oklahoma will propos
among other amendments that section 3 of Article I of the Constitu
tlon of the United States should be amended to read as follows:
“ ‘ The Senate of the United States shall he composed of two Senators
from each State, chosen by the electors thereof as the governor is
chosen for six years; and each Senator shall have one vote. They
shall be divided as equally as mav be into three classes, so that onethird may be chosen every second year; and if vacancies happen by
resignation or otherwise, the governor may make temporary appoint­
ments until the next regular election in such State. No person shall
be a Senator who shall not have attained to the age of thirty years;
and been nine years a citizen of the United States, and who shall not,
when elected, be an elector of that State for which he shall be chosen.
The Vice-President of the United States shall be President of the'
Senate, but shall have no vote, unless they be equally divided. The!
Senate shall choose their other officers, and also a president pro tem­
pore, in tbe absence of the Vice-President, or when he shall exercise the
office of President of (he United States.’
“ Sec. 3. There is hereby created a commission to be composed of
the governor, and four members, to be appointed by him, who shall hold
office during his pleasure, not more than two of whom shall belong to
the same political party, to he known ns the senatorial direct election
commission of the State of Oklahoma. It shall be the duty of said
commission to urge action by tbe legislatures of the several States and
by the Congress of tbe United States lo the end that a convention may
be called ns provided in section 1 hereof. The members of said com­
mission shall receive no compensation.
, , „
“ S ec. 4. Tills resolution properly authenticated shall be transmitted
by the governor to the Congress of the United States and to the gov­
ernor of each State in the Union.”
Mr.
The
P m.)
.
ruary

2481

CONGRESSIONAL RECORD— HOUSE.

1908,

CARTER. I move that the Senate adjourn.
motion was agreed to; and (at 4 o’clock and SS minutes
the Senate adjourned until to-morrow, Wednesday, Feb­
26, 1908, at 12 o’clock meridian.
X L II------ 156




HOUSE OF REPRESENTATIVES.
T

u e s d a y

,

February 25, 1908,

The House met at 12 o’clock m.
Prayer by the Chaplain, Rev. Henry N. Cotjden, D. D.
The Journal of yesterday’s proceedings was read and ap­
proved.

UN
ITED ST T S C U T A D TH N A A
A E OR T O A , L .
Mr. CLAYTON. Mr. Speaker, I ask unanimous consent for
the consideration of the bill H, R. 17524.
The SPEAKER. The gentleman from Alabama asks unani­
mous consent for the present consideration of the following bill:
The Clerk read as follows:

A bill (H. R. 17524) to provide for circuit and district courts
United States at D o t h a n , A la .

of

th e

The SPEAKER. The bill was read yesterday. Is there ob­
jection to its consideration? [After a pause.] The Chair hears
none.
Mr. PAYNE. W ill the gentleman from Alabama yield to me?
Mr. CLAYTON. Certainly.
Mr. PAYNE. I desire to say a word or two before this bill
shall pass. I find that this bill creates a new division of the
district court of Alabama, in the middle judicial district, in
which the court is now held at Montgomery. This bill creates
a new division, which is composed of six counties, and provides
that the court he held twice a year in the town of Dothan. The
bill also contains a proviso that suitable rooms and accommoda­
tions be furnished for the holding of said court, free of expense
to the Government, until the public building provided for by act
of Congress is erected. There is something of a delusion in
that clause. The last public building act provided for a postoffice at Dothan, in the State of Alabama, at an expense of
$40,000. Of course a court-house can not be built for any such
sum. It simply means the building of a court-house at an ex­
pense of $150,000 and more in order to accommodate this new
division of the court.
Now, there is a statement before the committee, made by the
district attorney, in which he claims, on the basis of some in­
dictments that were found the year before, that there would be
a saving of $4,000 or $5,000 on witness fees by reason of having
a court at Dothan; and that might be true, although it seems
that the district attorney might have made a more detailed state­
ment that would show the actual expense, and not the average
number of witnesses that appeared in these trials.
What I object to in this sort of legislation is this: That when
you get one division, immediately there is application for an­
other. A judge has written me in regard to one State—there
has been an application for a division which included only one
county— of making a number of these divisions in judicial dis­
tricts* in his State; and the only result of that is that in these
divisions the courts are not more frequently held than six
months apart, or two courts in a year. If a man is indicted at
one of these courts he can only proceed to trial in the subdi­
vision where the crime is alleged to have been committed; so
that he must wait for six months, even if he pleads guilty.
It presents the spectacle of a United States judge going
around and holding court for a day or two in each one of
these divisions scattered over the judicial district. I think
this is a practice that ought not to obtain. I think, if I can
have the consent of the House, I will put into the Record a letter
I have lately received from a district judge in the State of
Arkansas, wherein he fully sets out the evils of this latter-day
tendency of Congress to create so many divisions, which have
jurisdiction only over the kinds of cases that arise in those
smaller divisions and the causes of actions there. It illustrates
very well the evils that are growing up out of this practice,
against which I protest. And I think that hereafter, unless
there is a recommendation from the judge of that district, set­
ting forth the reasons why it would be better to have an addi­
tional division, I shall feel in duty bound to object to this sort
of legislation. I ask unanimous consent to print this letter
in the Record as a part of my remarks.
The SPEAKER. Is there objection to the request of the
gentleman from New York for the printing of the letter re­
ferred to?
There was no objection.
The letter is as follows:
Department of Justice,
Eastern D istrict of Arkansas, J udge’ s Chambers,
L i t t l e R o c k , A r k ., F e b r u a r y l!h 1908.

Hon. Sereno E. Payne, M. C.,
W a sh in g to n

,

D.

O.

My Dear Si r : I Lave read with great interest what you asld last
Monday on the subject of establishing new divisional courts of the

CONGRESSIONAL RECORD— HOUSE.

2482

United States. ThwacDurts are very often ^tabllshed ^en^there
is no necessity whatever for'
,
manv instances injustice to
to have their suits in these divisional

:

F ebruary 25,

Mr. PAYNE. Oh, no; but the judge has ample opportunity
to see the needs and conditions in liis judicial district.
Mr H EN RY of Texas. It strikes me that the people and
t h e i r ' Representative would be the proper ones to determine

“ S * * for
SeT reT w ' & ffS »
1. " in , £ district, uie p S a l S r Efforts have Little Rock
d
sionssV «this V t S t a e l°y r p.-itr^ville i being Held atbeen made by

thM PAYNE. Think of it! H alf a dozen divisions and only
*r
one judge. A man is indicted to-day and the court adjourns.
He is apprehended to-morrow. If he can not give bail he must
m
s
wait a year, until there is another court held iu that division,
S l K W a v e six new «,Mbf tnade
before he can come into court and show his innocence of the
charge against him.
Mr. H EN RY of Texas. Does not the gentleman know that
kaffiS that there was
“ happens Julie frequently throughout the South there are only two terms of the Federal
duced some of the proposed
tv constituents if they fail court held in a year?
lcir
Air. PAYNE. N o; I do not know that.
” re
Mr. H EN R Y of Texas. Well, it is a fact, even if the gentle­
eSLetl medg S C
you the facts as theyQ^ ^ r e a t e ^‘fth is session™! man does not know i t They hold two terms a year, and not
of the divisions which it was P™
Posed to c
civii suits more than that.
found that in the last ten years ^<5*®**a dlgtrict against citizens
Air. PAYNE. I did not suppose that condition existed in
instituted in the United State*| courtsifor
d ^ c t « two criminal
of the proposed division, and the “ ^ , . “ 5 W nave now two any district in the United States.
e
prosecutions a year in some of t ^ e divisio 1 tW city The one
g
Air. H EN RY of Texas. Why certainly it does. It exists in
divisional courts in addition tothe/average : ession of each term is every district.
s
at Helena is held twice a year, the averag
. davs and somefour days. At Batesville the session usu y
lisvially postponed for
Mr. PAYNE. If it does, it would be a great deal better to
times tLee days. The trial of civil suits J
parties is not
one nr two terms by reason of the lact inai ouc
hich means an increase the number of terms of court, and not divide the district
read? foT trial owing to the absence of
Y instituted and up into little divisions, where court can not be held frequently.
s
additional delay of six or twelve 1months« %fYr to the beginning I should not object to a reasonable increase in the number of
service of process had,
returnable at
the later term six the terms of court, and I should not criticise this bill if it pro­
of the term the cause has to be made rex• tion of the cases in which vided simply for two additional terms of court at Dothan,
months off. In criminal cases, wth the e cep_Ug h^ e to be postponed
the defendants desire to P^f.UiY^cIaima^that he has to procure wit- where the litigants might appear and be given additional op­
until the next term, as ^ defendant
for tbat term unless the
hearing of cases
f course,
nesses, and they can not be obtained
d y untu they can be served, portunities for the open at all times during the year. ofOreceiving
e
for the purpose
court should adjourn court from day t< ™gfied before the grand jury a court should be
»
The witnesses for the Government
testerD at a great expense to a plea of guilty, if a prisoner, after he is apprehended, desires
a
are then required to appear at th ,gx|inable to secure bail for his to present that plea. The court should be open at tbe place
the Government. If the defenda hannens to be arrested and held of residence of the judge, by an adjournment from time to
appearance at the next term o
two or three days after the court
by a United States commissilone t ig unable t0 give ball, be must time. There ought not to be any difficulty about that.
has adjourned at that Piace, an
. terffl nf court. Grand
Mr. MANN. W ill the gentleman from Alabama yield for a
remain in jail for six “ ^summoned for these courts at every term question?
” 4 . r « tli”?»eS»<“f t » m t m l i r r S U burred dollar,, each term
n
Air. CLAYTON. Certainly.
lasting two or three days.
Little Rock is open practically
Air. MANN. I notice the bill provides that suitable accom­
On the other hand, thecourt “ mat
^ he absent attending the
all the time,
not K tried immediately it is postponed modations and rooms shall be furnished without expense to the
other courts If a case can not
in criminai cases can be m United States until the public building provided for by act of
until a later day of the term. Aj
after they have had their exami- Congress shall be erected. I take it that a public building has
dicted and tried within a short t
Ioner/ In civil suits, process
nation before the United States: com ervlce regardless of terms, the been provided already by act of Congress.
:“
Air. CLAYTON. At the last session of Congress an appro­
priation was made for a public building.
“A
more « io h S oWecrlo. totheee
Air. AIANN. W as the holding of this court then contemplated,
district is that it P^^ULhiisked Nonresident litigants feel that or will that require an enlargement of the public building or an
national courts have b e e n are not so apt to be prejudiced in increase in its cost?
jurors selected b f ‘
a, S
residing either in the same county
Air. CLAYTON. I can not tell the gentleman about that, be­
favor of resident defendants1 asUJ^Yefendant resides, and with whom
or adjoining counties to1 which
states courts are to be es- cause I have not seen the plans and specifications of the build­
they are on friendly terms, if un
or four couoties the jurors ing, and I have not consulted with the authorities having that
tablished in divisions
ffn ca llv the same men who serve as jurors matter under consideration.
of these courts would be p a tin / the very object which causes most
lX
Air. MANN. Then it is not the gentleman’s present intention
$ S I S s K t W s r e k ' S r S i l t h e national court, In preference
to follow this bill up with a proposition to increase the size and
to the courts of the State.
h tbese hills are referred should cost of the public building already provided for, using this as
In my opinion, the. c^mRtee ^whom ^ ^ w h ic h it is proposed to
inquire of the presiding judge
an(j necessity for such a a basis?
establish the new court of the b the YmVions existing and their
a
Air. CLAYTON. In view of the statement I have made in the
court. They are familiar with ttm
^ concl^siong<
opinion would assist national courts in^bbe StatenlQeArkansas, and the hearing of the gentleman, I hardly think that is a fair question.
the: co
. the « f of additionai courtSj
W have now six
e
Air. MANN. I did not hear distinctly what the gentleman
demand is, so far as TdiciarvaC has limited the jurisdiction of those said, but it seems to me to be a fair question. I do not want
t
although the piesent judi
th legislature of this State has still to bind the gentleman as to what he shall do in the future.
courts to a great extent
d
& poratlons doing business in
Air. CLAYTON. I will say to the gentleman in all frankness
more limited it by. prohimting
rem£yi t0 the nationai courts
this State from either instituting n o y e
plaintiffs or defendants, that I shall do just what the gentleman would. I shall get as
causes to which they are part es. mtner
p
in this State many public buildings and the best public buildings in my dis­
under penalty of forfeittog ^
“T the validity of an act of that
As the supreme court
Life insurance Company v . Prewitt (202 trict that it is possible to get. I think that is fair.
Mr. AIANN. Of course we all know that, but I think the
nature In Security Mut, 1
(!"tslation has caused a marked decrease in
u. S„ 2 4 6 ), the effect Y?Xd f tates courts in this State. In fact, so gentleman, in all frankness, ought to say to the House whether
the litigation of
J?°ase 0f business in these courts that I am often it is his present intention to use the passage of this bill as an
great has been this decrease
rjnited states courts in other States in
this^circuit as^the^business hwe^is^not sufficient to keep m busy all argument for an increased cost of a public building already
e
provided for.
Air. CLAYTON. It is quite likely that I will. I am frank
the ““very respectfully, yours,
JaC0B
***■
Mr. H ENRY of Texas. W ill the gentleman yield for a with the gentleman, and I hope my answer is satisfactory. Mr.
Speaker, I do not desire to make any remarks. This bill comes
question?
from the committee with a unanimous report. The bar and
Mr H E VKV of T ex a l' When it is proposed to create a the people down there want i t ; it is for the convenience of the
citizens, and will save the Government $4,000 to $5,000 an­
div?srion of 0™ of t t e e courts, who Jo r m
H
petent to judge, the local Representative in Congress or the nually, according to the district attorney’s statement, and win
be of public convenience and will save many thousands of dol­
judge himself?
lars to the people who have business in the court I do not
Mr PAYNE. Oh, the judge, by all means.
Mr. H EN RY of Texas. To whom should this question be sympathize with the idea of the gentleman from New York [Air.
P a y n e ] that we should keep the courts away from the people6 Mr. PAYNE. The judge is, by all means, the most com- I think the courts afford a means of spreading public Intelli­
gence and of inculcating a spirit of love of the law and of jus­
P Mr. HENRY of Texas. You think we should establish courts tice. I do not know of anything that has done more good i°
for the convenience of the judge and not for the convenience this country than the holding of court where the people see
justice administered,
and benefit of the people of the judicial district?

\y

SS

I




X8S. S

o ,css a th 1 tlta 0
r
tter e M tIm 1

1908

CONGRESSIONAL RECORD— SENATE.

line of its intention to increase a rate or change a practice, a
shipper shall have a right to protest, and thereupon the change
shall not be made without a hearing.
I understand that the Interstate Commerce Commission has
recommended an amendment to the effect that it be left to the
discretion of the Commission as to whether or not a stay of
proceedings shall be granted. I am perfectly content to ac­
cept that amendment. I only wish to urge the committee to
take up the measure and give it that degree of attention which
its importance demands and which the great body of the people
are petitioning shall be done. I am receiving petitions and
letters every day urging that some action be taken in this
matter.
Mr. CLAPP. W ill the Senator pardon me for a moment?
Mr. FULTON. Certainly. I am glad to yield. The Senator
is a member of that committee, and I should like to hear a
voice from it.
Air. CLAPP, Knowing the intense interest of the chair­
man of the committee in that bill, I hardly think it proper that
the subject should be brought up at this time. It seems to me
the Senator’s remarks ought to be withheld until the chair­
man can be here.
Air. FULTON. I was approaching the proposition of the
absence of the chairman of the committee. I see that he is
absent just at this moment from the Chamber, and for that
reason I hesitated about bringing the matter up, but, realiz­
ing that the committee meets to-morrow, I can not refrain from
expressing the hope that the committee will take up the bill
and give it consideration with a view of reporting it back to
the Senate before the expiration of the present session. I
do not wish, of course, to question the perfect sincerity and good
faith of the committee. I know that it has a vast amount of
work to d o ; hut, Air. President, people are asking for this bill,
and I think I am justified in thus calling the attention of the
committee to it. Indeed, I can not consent that it shall be much
longer retained by the committee.
Air. CLAPP. Mr. President, in the absence of the chairman,
it seems only proper that I should state that parties in favor of
the bill, and I think some, perhaps, who have objections to the
bill, desire to be heard, and the chairman has arranged to give
them a hearing. The committee is working on the bill in con­
nection with its other work, and I think is moving the matter
along as rapidly as it can be moved in view of the fact that
parties have desired to be heard upon it before it is reported.
Air. FULTON. The Senator’s remarks are quite pertinent
and proper. Parties are entitled to be heard and to be given a
reasonable length of time. I submit that they can not be beard
unless the committee meets and gives them a hearing.
Air. CULLOM. Mr. President------The VICE-PRESIDENT. Does the Senator from Oregon
yield to the Senator from Illinois?
Mr. FULTON. Certainly.
Mr. CULLOM. I only wish to say a word in reference to the
bill the Senator refers to. I happened to be acting as chairman
at the last meeting when the bill was considered or, at least,
brought up. The subcommittee which have the bill in charge
was at one time ready to report, as I understood it, and was
prevented from doing so on account of the desire on the part
of people to be heard, and they took the bill back to hold it
until the hearing was over. They fully intended to report it
just as soon as they could after that. So I want to assure the
Senator from Oregon there was no sort of feeling on the part
of anyone as far as the committee is concerned.
Mr. FULTON. I am sure of that It is only that in the
multitude of business I am afraid this little measure will be
lost sight of, and I wanted to call the attention of Senators
to its importance. I am glad to be assured that the bill will be
given consideration, and I hope it will be shortly reported.
BILLS INTRODUCED.

Mr. AN KEN Y introduced a bill (S. 5751) to authorize the
President of the United States to confer an additional grade on
retired officers who have two or more recommendations for the
medal of honor from corps and division commanders for gal­
lantry in battle and who have thirty-one years of service, in­
cluding four years in the civil war, which was read twice by its
title and referred to the Committee on Military Affairs.
Mr. LODGE introduced a hill (S. 5752) authorizing the ap­
pointment of Alaj. .Tames II. Spencer, United States Army, re­
tired to the rank and grade of colonel on the retired list of the
Army, which was read twice by its title and, with the accomPanvimr paper referred to the Committee on Alilitary Affairs.
Mr CLARK of Wyoming introduced a bill (S. 5753) to
amend the act of April 20, 1906, entitled “ An act to provide for
the final disposition of the affairs of the Five Civilized tribes in




2579

the Indian Territory, and for other purposes,” which was read
twice by its title and referred to the Committee on Indian
Affairs.
Air. BURROWS introduced a bill (S. 5754) for the relief of
Charles A. Miner, which was read twice by its title and re­
ferred to the Committee on Claims.
Mr. SCOTT? introduced a bill (S. 5755) granting an increase
of pension to Laura H. Snider, which was read twice by its
title and, with the accompanying papers, referred to the Com­
mittee on Pensions.
He also introduced a bill (S. 5756) to remove the charge of
desertion from the military record of Solomon Al. Bennett,
which was read twice by its title and, with the accompanying
papers, referred to the Committee on Alilitary Affairs.
He also introduced a bill (S. 5757) granting an increase of
pension to Beatrice Paul Marmion, which was read twice by
its title and, with the accompanying paper, referred to the Com­
mittee on Pensions.
Air. LONG introduced a bill (S. 5758) to restore John F.
Lewis to the United States Army, with the rank of captain of
infantry, and place him upon the retired list, which was read
twice by its title and referred to the Committee on Alilitary
Affairs.
Air. TAYLOR introduced a bill (S. 5759 )wgranting an increase
of pension to A. F. Broyles, which was read twice by its title
and referred to the Committee on Pensions.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
Claims:
A bill (S. 5760) for the relief of R. R. Robinson;
A bill (S. 5761) to carry out the findings of the Court of
Claims in the case of Laura E. Raulston, administratrix of
James W . Raulston, deceased;
A bill (S. 5762) for the relief of Nancy Walden;
A bill (S. 5763) for the relief of the heirs of Simeon
Graves, deceased;
A bill (S. 5764) for the relief of the heirs at law of Robert
Worthington;
A bill (S. 5705) for the relief of P. H. Schooifield;
A bill (S. 5766) to carry into effect the findings of the Court
of Claims in the matter of the claim of the estate of W . W .
Sharp, deceased;
A bill (S. 5767) to carry into effect the findings of the Court
of Claims in the matter of the claim of the estate of John
Henson, deceased;
A bill (8 . 5768) for the relief of Nathaniel R. and William C.
Carson;
A bill (S. 5769) for the relief of Samuel Y. B. W illiam s;
A bill (S. 5770) for the relief of the estate of W. G. Hoge,
deceased;
A bill (S. 5771) for the relief of Ruth Holder;
A bill (S. 5772) for the relief of Lovenia Hodges (nee G ra n t);
and
A bill (S. 5773) for the relief of the estate of John A. Heard,
deceased.
Air. FOSTER introduced a bill (S. 5774) for the relief of
John AI. Kelly, which was read twice by its title and referred
to tbe Committee on Claims.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
Commerce:
A bill (S. 5775) appropriating $250,000 to prevent the banks
of the Alississippi River in front of the city of New Orleans, La.,
from caving and to construct levees along said river front; and
A bill (S. 5776) authorizing the Mississpipi River Commission
to investigate the necessity, urgency, and practicability of di­
vorcing the Alississippi River from the Red and Atchafalaya
rivers.
Air. TILLM AN introduced a bill (S. 5777) providing for pub­
licity in connection with contributions made to national and
Congressional committees in order to influence elections in two
or more States or Territories where Representatives or Delegates
to Congress are to be voted for, which was read twice by its
title and, with the accompanying papers, which were ordered
to be printed, referred to the Committee on Privileges and
Elections.
Mr. TALIAFERRO (by request) introduced a bill (8 . 5778)
to authorize the President of the United States to confer an
additional grade on retired officers who have two or more rec­
ommendations for the medal of honor from corps and division
commanders for gallantry in battle and who have thirty-one
years of service, including four years in the civil war, which
was read twice by its title and referred to the Committee on
Military Affairs.

2580

CONGRESSIONAL RECORD— SENATE.

Mr. OW EN introduced a bill (S. 5779) appropriating mone,
Ifor the maintenance and establishment of public schools for all
[children of scholastic age in the Quapaw Agency, Ottawa
I County, Okla., which was read twice by its title and referr
Vto the Committee on Indian Affairs.
x Mr. ELKINS introduced a bill (S. 5780) for the relief of the
heirs of John W . Warwick, which was read twice by its title
and referred to the Committee on Claims.
H e also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
Pensions:
, „
,
A bill (S. 5781 granting a pension to Benjamin B r o w n ; and
A bill (S. 5782) granting an increase of pension to William
Xj£ir°,6.
•f
Mr.* CULBERSON introduced a bill (S. 5783) for the relief
of Frank II. Church, administrator of the estate of Cornelius
Clay Cox, which was read twice by its title and referred to tne




Mr. BURNHAM submitted an amendment proposing to
priate $2,500 for salary of file clerk in the office of the
tary of the Senate, etc., intended to be proposed by him
legislative, etc., appropriation bill, which was referred
Committee on Appropriations and ordered to be printed.

Committee on Claims.
K cu\ fnr
7
Mr. P A IN T E R ( b y request) introduced a b i l l (& & & * )
the relief of the estate of Granville Smith, deceased, w
read twice b y its title and, with the a c c o m p a n y i n g paper, re
Iferred to the Committee on Claims.
Mr. FR AZIER introduced a bill (S. 578o) granting a pe s o
to W illis J. Freeman, which was read twice by R ^ « e j n d ,
with the accompanying papers, referred to the C
1 M r.°H EYB U R N introduced a bill ( S . 5786)
by Its
crease of pension to David Jewell, ^ c h was read twice r»
title and referred to the Committee,on_Pe^ ° ^ nd section 4403
Mr. FR YE introduced a bill (S . 5787) to a m e n a ^ ^
reafl
of the Revised Statutes of the
^
pnmmittee on Commerce,
twice by its title and referred to the C
n
lhc reiief of
Mr. PER KINS introduced a bill (S..5 7 8 8 ) i o l l i
^ tm e
the estate of Julius Jacobs, which w.
. ..
Committee
and, with the accompanying papers, refeired to the committee
° 1 AIrtL
1
PROCTOR introduced a bill (S. 5789) granting an in­
crease of pension to John A. Quilty, which was read twice by its
title and referred to the C o m m it^ on Pensions
Mr GORE introduced a bill (S. 5(90) for tne renei or lam e
Small Rib which was read twice by its title and, with the
accompanying papers, referred to the Committee on Claims
S f B AILE Y introduced a bill (S. 5791) to provide for the
purchase of a site and the erection thereon of a public building
at Mineral Wells, Tex., which was read twice by its title and
i f e r r e d to the Committee on Public Buildings and Grounds,
" s o
(by request) introduced
were severally read twice by their titles, ana reierreu xo ine

tfS

Committee o n ^ a im S o ^ ^

relief of the heirs of Dr. James

JfEBEUAEY 27,
appro­
Secre­
to the
to the

AMENDMENTS TO OMNIBUS CLAIMS BILL.

Mr. LONG submitted two amendments intended to be pro­
posed by him to House bill 15372, known as the “ omnibus
claims bill,” which were referred to the Committee on Claims
and ordered to be printed.
Mr. CULLOM. I submit two amendments, intended to be
proposed to House bill 15372. I hope that these amendments
will be embodied in the bill known as the “ omnibus claims
bill.” I move that they be printed and referred to the Com­
mittee on Claims.
The motion was agreed to.
EFFICIENCY OF THE ABMT.

Mr. FORAKER submitted an amendment intended to be
proposed by him to the bill (S. 221S) to increase the efficiency
of the Army of the United States, which was ordered to be
printed and, with the accompanying papers, referred to the
Committee on Military Affairs.
METROPOLITAN POLICE OF THE DISTRICT OF COLUMBIA.

The VICE-PRESIDENT laid before the Senate the amend­
ment of the House of Representatives to the bill (S. 2872) to
amend an act to amend section 4 of an act entitled “An act re­
lating to the Metropolitan police of the District of Columbia,”
approved February 28, 1901.
The amendment of the House was, on page 2, line 3, after
“ act,” to insert the following proviso:
Provided, T h a t w h e n r e tir e d t h e p r e s e n t c h i e f e n g i n e e r o f t h e fir e
d e p a r t m e n t o f t h e D i s t r i c t o f C o lu m b ia s h a l l r e c e i v e a s r e t i r e d pay a
s u m e q u a l t o o n e - h a lf t h e s u m a l l o w e d b y l a w at t h e d a t e o f r e t i r e m e n t .
Mr. GALLINGER. I move that the Senate agree to the
amendment made by the House of Representatives to the bill.
The motion was agreed to.
HOUSE BILLS REFERRED.

II.
R. 16078. An act providing for second desert-land entries
was read twice by its title and referred to the Committee on
Public Lands.
The following bills were severally read twice by their titles
and referred to the Committee on Commerce:
H. R. 16746. An act to authorize T. II. Friel or assigns to
construct a dam across Mulberry Fork of tbe Black Warrior
River; and
H. R. 17227. An act to authorize the city of S t Joseph, Mich.,
to construct a bridge across the St. Joseph River at or near
its mouth.
OCEAN MAIL SERVICE.

GT b rilld ( s !a5T93;) for the relief of H . Polkinghorne, jr., or his

The VICE-PRESIDENT. The morning business is closed.
Mr. GALLINGER. I ask the Chair to lay before tbe Senate
hQT h m ( f a57oT)r foTthe^'relief of Mrs. S. E. Underwood, for­ Senate bill 28, which was made a special order.
merly widow 3 Samuel Ward, and the heirs of Samuel Ward,
The VICE-PRESIDENT. The Chair lays before the Senate
the hill (S. 28) to amend the act of March 3, 1891, entitled "A n
dT b U ? ;(S.n5795) for the relief of the heirs of William Stans- act to provide for ocean mail service between tbe United States
hnw deceased (with accompanying papers).
and foreign countries and to promote commerce.”
BORAH introduced tlie following bills which were Sev­
Mr. GALLINGER. Mr. President, I have made inquiry on
ern ly read twice by their titles and with the accompanying both sides of the Chamber and so far have not found any Sena­
tor who desires to be heard on this bill, with the exception of
referred to the Committee on Pensions:
* V bill (S. 5796) granting an increase of pension to Louisa S. the Senator from Nevada [Mr. N ewlands ]. Very likely there
; may be other Senators who wish to speak.
Mr. SIMMONS. Mr. President— H \dbill (S. 5707) granting an increase of pension to Chester H.
The VICE-PRESIDENT. Does the Senator from New IlampFT b i l l (S. 5798) granting an increase of pension to John ! shire yield to tbe Senator from North Carolina?
Mr. GALLINGER. W ith pleasure.
ET m M S . 5799) granting an increase of pension to Asa G. I Mr. SIMMONS. I desire at some time to submit some re1 marks on the bill, but I am not prepared to do it to-day.
Reyburn.
rodimed a joint resolution (S. R. 61) for
Mr. GALLINGER. Mr. President, I have no desire to hasten
| the bill inordinately or improperly, and yet I am going to venthe
of' the enrolled nuli^a of Memphis
| ture to ask unanimous cousent that the final vote be taken on
district of Tennessee, which was read twice
: the bill, amendments pending, and amendments to be offered, on
referred to the Committee on Military Affairs.
I Thursday next, March 5, before the hour of adjournment on that
amendments to afpkopriation Birrs.
Mr. LONG submitted an amendment providing that th ^Pay­ day.
Mr. SIMMONS. I ask the Senator if he will not give a little
masters’ clerks now in the service of the Dmted. *
r;nite(j ! more time, and make it Thursday of the following week?
shall hereafter be known as “ paymasters ^ stauts L
d
Mr. GALLINGER. I did not hear the Senator,
States Army,” etc., intended to proposed by him to the Army
i The VICE-PRESIDENT. The Senate will be in order.
appropriation bill, which was referred to the Committee
Mr. SIMMONS. I suggest to the Senator from New Hamp­
Military Affairs and ordered to be printed.
.
shire to defer it a little longer than that time. I expect to be
Mr. FOSTER submitted an amendment proposing to increase
out of the city for several days the first of next week.
the number of Assistant Attorneys-General, Departraen
Mr. GALLINGER. Would the succeeding Monday suit the
Justice, from five to seven, intended to be proposed by nun to
convenience of the Senator?
the legislative, etc., appropriation bill, which was referred to
Mr. SIMMONS. Yes; I would not object to that
the Committee on Appropriations and ordered to be printed.

1908.

CONGRESSIONAL RECORD— SENATE

2583

Mr. TILLMAN. Certainly.
establishment of said State or Territory within which to purchase any
Mr. CLARK of Wyoming. I hope the Senator from South such lands and improvements within their respective limits at not
less than the appraised value. Conveyances of lands disposed of under
Carolina will not make the point of order, whether it be well or this section shall be executed and delivered in like manner and with like
ill taken, for there are certain contingencies in which, in my effect as herein provided for other conveyances. And this provision
judgment, the Secretary of the Interior should be allowed to act shall apply to the Five Civilized Tribes.
quickly. As the Senator in charge of the bill has stated, some
Mr. TELLER. Mr. President, I want to ask the Senator
of these works are in places remote from supplies, or remote who has this bill in charge whether the statement in the amend­
from places where advertisement can promptly be resorted to. ment is not rather too broad, and whether there should not be
For instance, in case of a freshet washing away part of the something to limit it. As I understand, it is intended to relate
irrigation work, where, in order to prevent further disaster, to tribal property, property in reservations, so that it shall
immediate action should he taken, I think that the Secretary not he applied to schools outside of reservation schools. I be­
should be allowed to expend more than $500. I do not think, lieve that is the intention of it, but it seems to me the terms
however, that he should be given unlimited control over the are very broad.
funds, and, therefore, I propose an amendment after the word
Mr. CLAPP. There would be no objection whatever to mak­
“ irrigation,” in line 4, page 3, to insert, “ not to exceed the sum of ing it more definite. This was an old law. It was passed some
$5,000 in any one purchase or contract.” I can well imagine years ago. Afterwards it was amended so as not to take effect
that there might he cases when the discretion of the Secretary for one year after the dissolution of the tribal governments.
ought to be exercised at once, and for that reason I offer the Then the Department recommended that the original law be
amendment.
amended. By repealing the amending law it would have com­
Mr. TILLMAN. Well, $5,000 is too much, but if the Senator plicated the appearance of it, so the original law was re­
from his knowledge of conditions and experience in such matters enacted. Now it reads:
feels that that is essential, I do not want to obstruct any
Shall take possession of all buildings now or heretofore used for
reasonable legislation here that will be in the interest of econ­ governmental, school, or other tribal purposes.
omy and of prompt action. Suppose the Senator puts it at
Mr. TELLER. If the Senator who has the bill in charge
$2,000? That would stop lots of breaks in a ditch.
thinks that is sufficiently limited, I do not wish to interfere.
Mr. CLARK of Wyoming. It would not stop very many
Mr. CLAPP. I have no pride of opinion in the matter.
breaks very rapidly in large irrigation works.
Mr. TELLER. I want the Senator's opinion that it is only
Mr. TILLMAN. From what I saw out there they do not often confined to schools on the reservations and not intended to re­
break.
late to those outside.
Mr. CLARK of Wyoming. The Senator is mistaken. They
Mr. CLAPP. It was not intended to, and I do not think it
very often break, and it has occurred to me, Mr. President, that could be so considered, so far as the words “ governmental or
the Secretary might well be allowed to use his discretion within other tribal purposes ” are concerned. But I am perfectly will­
the limits proposed by my amendment.
ing to have language put in that will make it plainer,'if the
Mr. TILLMAN, I yield to the superior discretion and wis­ Senator will suggest it.
dom of my friend from Wyoming.
Mr. TELLER. With that understanding, I do not want to
The VICE-PRESIDENT. Does the Senator from South Caro­ interfere with this wording.
lina withdraw the point of order?
I
Mr. OWEN. I move to strike out the words “ governmental,"
Mr. TILLMAN. I withdraw the point of order upon the 8 school, or other.”
understanding that the amendment offered by the Senator from
The VICE-PRESIDENT. The Senator from Oklahoma pro­
Wyoming fixing the limit at $5,000 goes In.
poses an amendment to the amendment, which will be stated.
The VICE-PRESIDENT. The Senator from South Carolina
The S e c r e t a r y . On page 3, line 20, in the committee amend­
withdraws his point of order. The Senator from Wyoming ment, it is proposed to strike out the words “ governmental,
proposes an amendment to the amendment, which will be stated. school, or other,” so that it will read:
The S e c r e t a r y . On page 3, line 4, in the committee amend­
The Secretary of the Interior shall take possession of all buildings
ment after the word “ irrigation,” it is proposed to insert the now or heretofore used for tribal purposes.
words “ not to exceed the sum of $5,000 in any one purchase or
The VICE-PRESIDENT. The question is on the amendment
contract.”
to the amendment.
The amendment to the amendment was agreed to.
Mr. TELLER. Mr. President, before this amendment is
The amendment as amended was agreed to.
agreed to I will say that that will very materially change this
The reading of the bill was resumed. The next amendment provision.
of the Committee on Indian Affairs was, on page 3, after line 8,
Mr. CLAPP. Yes, and I think when it goes into operation
to insert:
the Senator from Oklahoma will very seriously regret having
Hereafter when the Secretary of the Interior deems a new bond nec­ made the change. However, it affects his State~ more than any
essary he may, In his discretion, require any disbursing officer under other, and I have no objection to it.
tbe jurisdiction of the Office of Indian Affairs to execute a new bond,
Mr. TELLER. Under the amendment which the Senator
with approved sureties, in such amount as he may deem necessary, and
when accepted and approved by the Secretary of the Interior the new from Oklahoma proposes, if it should be agreed to, I think that
bond shall he valid and the surety or sureties of the prior bond shall the authority ’ given later in this provision w ould enable the
r
be released from liability for all acts or defaults of the principal which Secretary of the Interior to sell the property at Carlisle,
may be done or committed from and after the day on which the new
Haskell, and other schools in several other sections of the
bond was approved.
Mr, GALLINGER. I will ask the Senator in charge of the country, which I do not believe vve want to give him authority
*
.
bill if in line 11 it would not be better to insert the word to do at this time.
“ Commissioner ” for “ Office,” so that it would read “ under the r M r , OWEN. I simply made the suggestion to conform to the
jurisdiction of the Commissioner of Indian Affairs” instead of objection made that the language was too broad. It really
“ under the jurisdiction of the Office of Indian Affairs.” Would (being the purpose to confine it to the tribal property, I moved
to strike out the other qualifying words, “ thereby confining it
that not be better?
\to tribal property.”
Mr. CLAPP. There would certainly be no objection to it.
■ Mr. CLAPP. I suggest, Mr. President, if it would not meet
Mr. GALLINGER. I suggest that change, Mr. President.
every objection to simply strike out the word governmental,
The VICE-PRESIDENT. The amendment to the amendment
so that it would read, “ now or heretofore used for school or
Will be stated.
other tribal purposes.”
. . . . . .
The S e c r e t a r y . On page 3, line 11, after the words " of the,” r Mr. OWEN. I ask the Senator from Minnesota if that would)
It is proposed to strike out the word “ Office ” and insert the
hot include the Carlisle school?
Word “ Commissioner.”
r Mr. CLAPP. Certainly not Even leaving in the word “ gov­
The amendment to the amendment was agreed to.
ernmental,” reading “ for governmental, school, or other tribal
The amendment as amended was agreed to.
purposes,” I think it would exclude every Federal school any­
The reading of the hill was resumed. The next amendment
way, and if we strike out the word “ governmental ” that would
of the Committee on Indian Affairs was, on page 3, after line
absolutely exclude Federal schools.
18, to insert:
Mr. OWEN. If we use the word “ tribal purposes” would i1p
The Secretary of the Interior shall take possession of all buildings
ot include the schools?
now or heretofore used for governmental, school, or other tribal pur­
Mr. CLAPP. No, sir.
pose torether with the furniture therein and the land appertaining
thereto, and appraise and sell the same at such time and under such
Mr. OWEN. Is not that a tribal purpose? i
rules and1regulations as he may prescribe, and deposit the proceeds, less f Mr. CLAPP. Does the Senator mean as to his State?
5*penses incident to the appraisement and sale, in the 1reasury of the
Mr. OWEN. I mean as to any State. If this is intended to ’
Sotted States to the credit of the respective tribes: P r o v id e d T h i t l n ^
the event said lands are embraced within the geographical limits of
apply to tribal purposes only, why not confine the language to,
State or Territory of the United States such State or Territory or a’ tribal purposes?
®
^unty or municipality therein shall be allowed one year ftoin date




(

1




CONGRESSIONAL RECORD— SENATE.
Mr. CLAPP. I f the Senator from Oklahoma, whose State is
most vitally interested in the passage of this provision, desires
to strike out the word, for one I shall interpose no objection.
Mr. OWEN. I only want to ask the Senator what is the
scope of the present language. I f it includes some other build-/
ings than tribal buildings I want to know what they are.
Mr. CLAPP. Under its present scope it would include anyfiling— “ governmental, school, or other tribal purposes.”
.
Mr. OWEN. What are the things intended to be included?/
Mr. CLAPP. I understand that the Creek Nation had a
capitol building there which was used for tribal purposes,
•
Mr. OWEN. “ Tribal purposes” would include that.
Mr. CLAPP. That would be Included. Mr. TELLER. Do you want to authorize the Secretary to
sell that property?
Mr. OWEN. I have no objection to its being sold, it it is
a part of the tribal property. I think it ought to b e disposed
of. But I think this clause ought to be limited in such way
that the Secretary shall confine his operations with regard t
these properties to the distinct contracts and a g r e e m e n t s
tween the United States and the Five Civilized Tribes, or any
other Indian tribes that may happen to be within the Mate ^
Oklahoma or any other State. I only suggest that
this language is intended to cover something else
clearly appear as under the term “ tribal purposes,

F

e b e it a e y

27,

which I have no objection, I only wanted to narrow the language so that it would apply only to those buildings which
have heretofore been used for tribal purposes.
Mr. TELLER. I am perfectly willing to accept any amend­
ment to my amendment that the Senator from Oklahoma will
propose which will accomplish the purpose.
Mr. CURTIS. I suggest that if you add, after the word
“ buildings,” in line 20, “ in the eastern division of Oklahoma ”
the provision would then apply only to what was formerly tlie
Indian Territory, and you could strike out the last part of line
11, and also line 12, on page 4. Then the item would apply
only to buildings that are now located in that part of Oklahoma
which formerly was in the Indian Territory.
f Mr. OWEN. With the permission of the Senator from Colo, rado, I would suggest, therefore, the insertion, after the word
“ buildings,” of an amendment to read:

On the lands formerly occupied by the late Five Civilized Tribes.

CURTIS. Why put in the word “ late? ”
OWEN. Because they are dead.
CURTIS. The law says they are not
OWEN. The law is mistaken if it says so. I
CURTIS. I do not agree with the Senator from Oklathat proposition.
OWEN. I am ready to debate that with the Senator)
Kansas.
The VICE-PRESIDENT. The Chair will call the attention of
kDMr. TELL ER .’ I do not know what is the intention of that Senators to the fact that they must address the Chair before
speaking.
provision. It is in the law now and has been—
Mr. CLAPP. It was first, so far ^ I recaU used with ^efcr
Mr. CURTIS. I beg the Chair’s pardon.
Mr. CLAPP. I do not believe Senators can improve any on
ence solely to the Indian Territory. 1
* J_a S secrionlo
g
known as the “ Five Civilized Tribes bill.” It * a s M t m iS . this language— “ used for governmental, school, or other tribal
The Secretary of the Interior shall‘
trS S ^ S f purposes.” I have no objection to fixing it in any way Sena­
tors see fit.
T o se s^ rtogether" with^the°furaiture therein and the land appertaining
J
Mr, TELLER. I should like to ask the Senator If he does
thereto.
not consider the school at Grand Junction, Colo., a govern­
Then that was amended afterwards by this prot iso.
mental school?
Mr. CLAPP. Not In connection with the language “ govern­
th fd S S J tlS ^ f the tribal^go^rni^e'n'ts^f6the Choctaw,Chickasaw!
mental, school, or other tribal purposes.” It must relate to
Cherokee, Creek, and Seminole tribes.
those schools that are associated with tribal governments.
Now the Department asks—
Mr. TELLER. That might be the meaning, and yet some­
r
_
I resDectfully ask that Senate bill No. 4644,
toT
nrovW for thS removal of wstrictfons from part of the lands of body might think it meant something else.
e
of the Five Civilized Tribes, and for other purposes, be
Mr. CLAPP. I think the suggestion of the Senator from
U
act to provide tor Colorado to use the words “ on reservations,” after “ schools,”
or perhaps the suggestion of the Senator from Kansas to in­
th* flial disposition »« tta ^ p S f p ^ f l p p W A p T l i ^ ' l t l o S
sert “ in the eastern division of Oklahoma ” would cover it
K r b e S ' e ' o p L t W A V d f f i / w o n t i e approval ol .h i. act"
beyond any question.
To avoid the circumlocution of going back and amending the
Mr. TELLER. Suppose you insert both?
Mr. CLAPP. Well.
old?aw tte committee inserted in the bill this provision which
» S i ftf wmrse become operative upon the approval of the act.
. Mr. GAMBLE. I suggest that an amendment be made in
m V O T O T IS
I want to state to the Senate that when the lines 11 and 12, page 4, by inserting:

co

CommiSioner was before the
“S

S

o T
L
" t ? e P& l \ n ? w n a 's T f l n d i a n T o ,
,
But the committee thought it better to make it general.
\ iV TELLER. If that is so, it seems to me we ought spe­
c i a l l y to limit it to that section. There is a very valuable
school m Kansas. There are two very valuable schools in Colo­
rado. I should not like to have them interfered w it .
* M . f'TlRTIS The Commissioner would not take charge of
and sell the school in Kansas or the school in Pennsylvania so
“ A as we continue to appropriate a year m advance and pro­
vide for the maintenance of the schools there ; and so f a r as r
am concerned, representing in part, as one of the Senators from
? h ,t State, the great State of Kansas, I am not afraid of this
nrn vision applying to the Haskell School.
. . . .
Mr TELLER
I do not see any objection to this provision
if it amities only to the schools on reservations, and I suggest
ihat f
t
*
la d bettor put in, after “ school," the words

“ on Indian reservations,”
Mr. CLAPP.

\r_ nvir'T t T
ry?

Does the Senator move that.

T m VG
O

£ R {H G IU H
IS H D nU G u

Mr.
Mr.
Mr.
; Mr.

And this provision shall apply solely to the property heretofore be­
longing to the Five Civilized Tribes.
Then it would confine it to the property and the tribes for
which the original amendment is proposed by the committee.
Mr. TELLER. It would be entirely satisfactory to me to
make that amendment, and I withdraw my amendment
The VICE-PRESIDENT. The Senator from South Dakota
proposes an amendment, which will be stated.
n Mr. OWEN. Mr. President, I should like to know what dis-j
IPOf
position was made of the amendment proposed by the Senator/
rom Oklahoma.
\£ro
The VICE-PRESIDENT. W ill the Senator from Oklahoma
restate his proposed amendment?
^ Mr. OWEN. After the word “ buildings ” insert:
O the lands heretofore belonging to the late Five Civilized Tribes.
n
The VICE-PRESIDENT. The Senator from Oklahoma pro­
poses an amendment, which will be stated.
The Secretary. On page 3 of the bill, line 20, after the
word “ buildings,” it Is proposed to insert:

O the lands heretofore belonging to the late Five Civilized Tribes.
n

Mr. LODGE. Mr. President, I know nothing of the merits
Tlie VICE-PRESIDENT. The Senator from Colorado proof the controversy here as to the late Five Civilized Tribes or
poses an amendment which will be stated.
in line 21, whether the word is appropriate, but the Senator from Kansas,
The S ecretary. After the word
purposes.
who is very familiar with the subject, states that the tribes
page 3, insert “ on Indian reservations.
„ ,
,„
are still recognized as in existence by law. If that is the case,
Mr. TELLER. Let it come in after the word
Sir. OWEN. I should like to call the attention of the Sen of course such language as this would be contradictory and out
ator from Colorado to the fact that th etan ds embraced in of place. I should like to have that point settled before we
eastern Oklahoma, which formerly might have been called are called upon to vote on the amendment
“ reservations” are not reservations. They are a pari of the f Mr. OWEN. Mr, President, I decline to leave out the word;
State of Oklahoma, and they are owned by the citizens ot the “ late,” and I am prepared to defend my amendment before the
^Senate.
State of Oklahoma.
_
Mr. CURTIS. Mr. President-----Mr. TELLER. That would not interfere with it at aiL
Mr O W E N ^ Y e sM t would prevent the V i e of those public^ The VICE-PRESIDENT. Does the Senator from Oklahoma
buildings which are intended to be sold by this act, and to ] yield to the Senator from Kansas?

*

1908.

CONGRESSIONAL RECORD— SENATE.

The VICE-PRESIDENT. The Senator from Oklahoma de­
( Mr. OWEN. Certainly.)
Mr. CURTIS. I move to amend tlie amendment by striking clines to yield.
Mr. OWEN. I will yield to the Senator from Kansas.
out tlie word “ late.”
The VICE-PRESIDENT. The Senator from Oklahoma yields
The VICE-PRESIDENT. The Senator from Kansas proposes
an amendment to tlie amendment of the Senator from Okla­ to the Senator from Kansas.
JVIr. CURTIS. I have no question to ask the gentleman.
-v
homa, which will be stated.
The Secretary. Before the words “ Five Civilized Tribes ” \ f Mr. OWEN. By the act of July 1, 1902, these so-called
“ Cherokee Indians,” who were then and there citizens of the
it is proposed to strike out the word “ late.”
United States holding certain property rights, it is true, agreed
Mr. OWEN obtained the floor.
by their act confirming the act of Congress to the distribution
Mr. CLAPP. W ill the Senator pardon me for a moment?
of this property, making the United States the trustee for the
Mr. OWEN. Certainly.
Mr. CLAPP. I do not know whether it is the purpose of the distribution, and by that act it was expressly stipulated that
Senator from Oklahoma to enter at length upon a discussion the tribe itself should be made up as of the 1st of September,
of the legal status of those tribes. I want to state to him— 1902. The property was to be distributed as of that date. The
it may be entirely unnecessary— that at 2 o’clock the Senator Cherokee Nation as of that date and now has no legislature.
from Kentucky [Mr. M cCreary] will take the floor, and the bill The Cherokee Nation has no executive department. The Cher­
okee Nation has no judiciary department. It has no function of
will be laid aside at that time.
government. Its laws can not be enforced in any forum. But
,
Mr. OWEN. There is an abundance of time, I take it,
nevertheless thereafter this so-called “ government” was at­
/ consider this question. It is an important question. It i
tempted to be revived by an act of Congress of March 3, 1906,
l an important question to me. Am I, a Senator of the Unite
\ States, a member of a living Indian tribe, and under the super by which the tribal government was nominally continued, there
being no tribal government.
Xvisory control of the Secretary of the Interior?
The phraseology which has been in use in the Department of
^ Mr. CURTIS. Your property is under the control of the Sec­
the Interior for all these years when a tribe ceased to have a
retary of the Interior, and you know it.
governmental function was “ late tribe.” They speak of the
I Mr. OWEN. I deny it,
‘ late Delaware Indians.” As United States Indian agent years
Mr. CURTIS. Well, it is. The Supreme Court has so de­
cided.
\ and years ago, I used to make payments to the “ late Delaware
/ " M r . OWEN. The Senator from Kansas says that my prop- tribe,” using that term to describe a community of people which
still had tribal property, but which had no governmental func­
(erty is under the control of the Secretary of the Interior.
tion, and which had no life as a government. And therefore I
Mr, CURTIS. I do not desire to make it that broad— ^
The VICE-PRESIDENT. Does the Senator from Oklahoma say that while the law nominally continues these tribes, the
true designation of the tribes is the “ late Five Civilized Tribes,”
yield to the Senator from Kansas?
because they are no longer governments. They serve no longer
C Mr. OWEN. With great pleasure.
Mr. CURTIS. I mean the property you own as a member a use. I think that this matter ought to be correctly written in
or as a former member— if you want to put it that way. I say our law. It ought not to appear here that the Five Civilized
now as a member— of the Cherokee tribe of Indians. The Sec­ Tribes are really governments when in point of fact they do not
retary of the Interior has no interest in your property that exist as governments.
I do not introduce the word “ late ” in any arbitrary spirit. I
you hold other than as a member of the Cherokee tribe, but as to
the land you own as a member of the Cherokee tribe of In­ do it because there is a vital distinction between a living gov­
dians, under existing law, you are still under the control of ernmental organism and a tribe which is dead and which is only
the Secretary of the Interior. I think you ought not to be, used as a designation to describe a community of people who ;
have certain undistributed property rights.
but you are.
The United States was made trustee for the distribution of
Mr. OWEN. I agree with the Senator from Kansas that I\
,
ought not to be. I disagree with him in his proposition that this property. It has now allotted nearly all of these lands. ■
The allotments are almost complete. And why shall we go on
I am.
Mr. President, it is true that I was an adopted member of with this fiction, speaking of this tribe as if it was a living gov­
the late Cherokee tribe of Indians; that I was a member of that ernmental organism and as if it might afford protection to its ,
tribe by blood. It is also true that by the act of March 3, citizens and demand allegiance from them? The Cherokee Na- j
1901— an act which I had the honor to write— every Indian tion can demand no allegiance from me. I owe the Cherokee
in the Indian Territory was made a citizen of the United States, Nation as a government no allegiance. The only allegiance on
with all the rights, with all the privileges, with ail of the im­ earth that I owe is to the Government of the United States and
munities of any other citizen of the United States; not some to the State of Oklahoma. I want this distinction clearly kept in
of the rights, not some of the privileges, and not some of mind, and I appeal to the Senate that my suggestion with refer­
the immunities; and one of the rights of a citizen of the ence to the word “ late ” is justified by precedent^, is justified
United States is that he shall have the free right of contract. by good principles of law, and ought to be included in this lan­
That right did not depart from me merely because the Chero-* guage.
I do not want to take up the time of the Senate uselessly in
kee Nation, under an agreement with the United States, con*
discussing this matter. I say the Supreme Court has passed
veyed to me a so-called “ allotment.”
upon it. If it is necessary to show those decisions of the Su­
Mr. CURTIS. Mr. President------The VICE-PRESID EN T. Does the Senator from Oklahoma preme Court, I am prepared to do it. I do not want to take up
the time with regard to it, but I shall insist that this is right—
yield to the Senator from Kansas?
that the word “ late ” should be included.
\Mr. OW EN . W ith pleasure. /
Mr. CURTIS. Did not the Senator from Oklahoma partici­ -'M r . CURTIS. Mr. President, I desired to interrupt the Sen­
pate in the campaign that approved the agreement between ator from Oklahoma [Mr. O w e n ] so that he m iglffbe able to
the Cherokee Nation and tlie United States, and did not that------- make a correct statement to the Senate as to the position of the
Five Civilized Tribes and that be might distinguish between the
CMr. OW EN, lie might have done so, but did n o t.;
Mr. CURTIS. And did not that agreement which your peo­ decision of the Supreme Court in tlie Ileff case and other deci­
ple adopted provide that the restrictions should be retained on sions ; but he did not care to yield for the question. The distin­
your homestead for twenty-one years and should be retained on guished Senator says that as an agent he paid the Delawares as
• la te ” Delawares. W hy not tell the Senate how it happened?
‘
tlie surplus lands until five years after the date of the patent? ,
When he made that payment to the Delawares they had been
/''M r O W EN . I am quite content that the Senator from Kan­
swallowed up by the Cherokee tribe, of which he is a member,
sas brings to the attention of the Senate this so-called agree­
and so far as the Deiawares were concerned they were out of
ment. It was an act of Congress which was passed on July 1,
business and were then a part of the Cherokee tribe. That is
190°
The net required the approval of the citizens of the
why he paid them as the “ la te ” Delaware Indians.
UniTed States, who at that time had certain property rights
The distinguished Senator from Oklahoma is too good a
under the terra “ Cherokee Nation.” They were no longer In­
lawyer to claim for one minute that the Heff case affected in
dians
The Supreme Court of tlie United States has passed
any'degree the property rights of the Indian. I have here a
upon this question in the most elaborate review in the so-calledf
decision in the case of McKay v. Agnes Kalyton, by Louis Kaly“Albert Hefif case.’’
ton, her guardian, reported in 204 United States Supreme Court,
Mr CURTIS. Oh, Mr. President------Mr’ O W EN . I will not yield to further interruptions at this in which the court holds that the Government of the United
.
States continues to control the lands of the Indians until the ex­
Mr CURTIS. I should like to ask the Senator a question. ^ piration of the trust period, just as I claim it controls the lands
Mr. O W EN . I decline to yield to further questions at this^ of the Indians in that part of Oklahoma formerly the Indian
Territory, until the restrictions are removed, or until the iex&ime.




2586

CONGRESSIONAL RECORD— SENATE.

F

ebruary

27,

in Kansas, and I wish to call the attention of the Senator from
Kansas to that distinction. The distinction is th is: When the
Kickapoos of Kansas were allotted they were aliens, they were
not citizens of Kansas. The United States dealt with them aa
aliens and as wards, and the United States did have a super
visory control of them.
Mr. CURTIS. Mr. President------Nor are the principles which were thus announced as to the nature
The VICE-PRESIDENT. Does the Senator from Oklahoma
and character of an allotment of Indian lands and the interest of the
United States therein as trustee before the expiration of the period yield to the Senator from Kansas?
for their final disposition in any way affected by the decision in the
Mr. OW EN. Certainly. )
matter of Heff (107 U- S., 488), dealing with the subjection of al­
Mr. CURTIS. Does not the Senator from Oklahoma know
lottee Indians in their personal conduct to the police regulations ox tne
that under the very act by which they were allotted a man
State of which they had become citizens.
who had become a citizen of the United States might be al­
That is what the Supreme Court decided in that case.
The Heff case applied only to the person and to the police lotted? Does not the Senator know that the very act that he
regulations of the State and not to the property of the Indians secured the amendment to, the act of 18S7, provided that if a
It is true that Congress fixed a time for the expiration or man left the reservation and became a citizen of the United
the tribal governments in Oklahoma— the Five Civilized l n D - States he did not lose his right to the tribal property?
Mr. OW EN . Y es; but that does not affect the argument.
But before that time arrived Congress, as it had a right t o o ,
The argument which I make is that while United States citi­
passed a joint resolution extending the life of the Five Civilize
Tribes, and the Five Civilized Tribes are still in existence. J _ zens may be given these privileges, the decision of the court to
L
which the Senator appeals goes to the individual who was an
have their chiefs. They have their councils. Those chiefs mus
alien and who received his citizenship after he had received a
sign the patents or deeds to the land allotted to the member
ant of land with that condition attached to it.
the tribe. It was extended by a joint
Mr. CARTER. Mr. President------concerns the lands owned by the distinguished S<enator firom 01h
The VICE-PRESIDENT. Does the Senator from Oklahoma
horaa which he derived from the Cherokee Nation, toey are
still under the control of the Secretesr ol
^ te r io r u t o e s s yield to the Senator from Montana?
Mr. OWEN. Certainly.)
he has had the restrictions removed, ^ e r the law he hasi a
Mr. CARTER. Mr. President, I was in sympathy with the
rivht to file an application to have those restrictions removea,
declaration of the Senator from Oklahoma to the effect that he
and there is a law which has not been d^ i ^ f t^ n c l toe°disX
did not consider himself under the control of the Secretary of
nrohibitins the full bloods of the very tribe to winch the ms
t i n g S e d Senator belongs from selling their lands for twenty- the Interior.
(M r . OW EN. I said it very deferentially.
Mr. CARTER. Such control would have been more odious
f l T h ? Government still has control ol those lands, and I think
it would be a very serious mistake for the Senate to say that in former days than at present, but it is intolerable at any time
the ?oint resolution it passed on the 2d of March amounted to in so far as the Senator is concerned.
I desire now to point out to the Senator from Oklahoma and
Z h t o g byTeclarlng that the Five Civilised Tribes are la te "
tribes. The joint resolution to which I call the attention of the likewise to the Senator from Kansas what I conceive to be a
clear misunderstanding, both being right, but not understanding
Senate is as follow s:
*
Ttpaohied e t c
That the tribal existence and present tribal govern• each other. That apparently paradoxical condition seems to
Kf ° n t the bhnetaw Chickasaw, Cherokee, Creek, and Seminole toe to present the case fully.
nr n^fons of lndians hi tbe Indian Territory are hereby conThe Senator from Oklahoma says that by virtue of certain
tribes or ratoons
m a ia s
purposes under existing laws until
S fp foS rS of°^ h tribes, or the proceeds thereof, shall be distributed acts of Congress the members of the Five Civilized Tribes be­
Song the individual members of said tribes unless hereafter otherwise came full and unquestionable citizens of the United States and
are such now. That is a personal status, and with that status
provided by law.
That is the law of the land to-day, and it applies to the Five the Senator from Kansas does not take issue at all.
Civilized Tribes and the Five Civilized Tribes are in existence
On the other hand, I think the Senator from Oklahoma will
as much to-day as they ever were, except the acts of their legis­ admit that in so far as the members of the Five Civilized
lature must be approved by the President.
\ Tribes received property, which had theretofore been held in
O W EN
Mr. President, as I may have seemed somewhat) common, they received the realty subject to conditions, and the
/ discourteous* 'to the Senator from Kansas in not yielding conditions run with the title and do not affect the citizenship
promptly to a question when I wanted to make an argument a .of the individual owning the land except to the extent o f the
while ago, I took some pains not to interrupt him and now ex­ limitation upon his action with reference to particular property.
press my sincere regret at any apparent lack of consideration.
Now, is the case different from this? A lot of land may be
The Senator from Kansas lays great stress upon the reason ■purchased by a citizen in the District of Columbia, the original
for the use of the term “ late Delaware tribe, because they were “ owner fixing to the title of that property a restriction to the
absorbed by the Cherokee Nation. Quite right; the argument effect that intoxicating liquors shall never be sold upon the
i is sound and applies with equal force to the Cherokee Nation,,' premises. That restriction does apply to certain lands in the
'*yhose citizenship has been absorbed by Oklahoma absolutely. District of Columbia to-day. The purchaser of a lot of land
subject to that restriction does not lose his citizenship o f the
^ M r . CURTIS. Mr. President------ The VICE-PRESIDENT. Does the Senator from Oklahoma United States, but he buys the land subject to the restriction
attached to the title. I ask the Senator if that is not the case
yield to the Senator from Kansas?
with reference to citizenship and former tribal property in
i Mr. OWEN. I will yield, >
Mr CURTIS
Not absorbed in the same way. The lands Oklahoma in so far as these tribes are concerned?
(Mr. OWEN. It is not
have "not been absorbed. The Delawares, when they bought
Mr. CARTER, I shall be glad to have the Senator point out
into the Cherokee Nation, bought simply the right to partici­
the difference.
pate as members of the tribe.
,
,
,
N
Mr. OWEN. I shall explain it to the Senator. I thank him
Mr OWEN
And the Cherokee people, when they became
citizens of 0*klahoma, owed their allegiance to Oklahoma. Okla­ for the effort to elucidate the differences between the Senator
homa has control of their property, of their lives, and may take from Kansas and the Senator from Oklahoma. *His intention
S r U v S u t o the law of Oklahoma. Oklahoma Is the soy- was good, and what he says applies with force and is right in
ereign over the Cherokee individuals who formerly were Chero other cases than the one which I am now about to present.
The difference is that when this agreement in 1902 was made
kee citizens, but who are now citizens of Oklahoma.
between the so-called “ Cherokee tribe ” and the United States
Mr. CURTIS. Mr. President------^
.
The VICE-PRESIDENT. Does the Senator from Oklahoma it was not made, in fact, with a lot of Indians nor with an
Indian government; It was made with a certain number of
yield ?
.
Mr. OW EN. I yield. )
. . . .. .] United States citizens, armed with all the rights, privileges, and
Mr. CURTIS. The distinguished Senator will admit that immunities of citizenship. They were citizens of the United
Oklahoma has no right to tax the lands of the civilized tribe^ States. I wish particularly to exclude the idea of Indian
when you consider this matter, because there is no Indian
that were exempt by the agreements with them.
within the meaning of the law in the limits of the Five Civi­
( Mr. OWEN. I emphatically deny the proposition.
Mr. CURTIS. The Supreme Court decided that very point lized Tribes. An Indian, under the law. means a ward. An
in the Rickerts case; that is, that States had no right to tax Indian means a subordinate under the law. It means an alien
under the law. Am I an alien?
property during the restriction period.
.
• Mr. OWEN. Mr. President, there is a distinction between I\ I win discuss the Senator’s question, Mr. President. I will
i will
uie senator s
>ir. president.
1 forget
— ’
' I • -----------But
”
the citizens of the five tribes and the citizens of Indian blood | fipt *------ ^ the distinction he makes, and ' will answer i t
I

piration of the restriction period, and Congress has full con­
trol over their property until that time. The Supreme Court
30 holds in this case, and it refers to the decision in the Eickert
case with approval. Here is what they say about the Heft
case, and if the distinguished Senator from Oklahoma has not
read, it, I submit it to him for his careful consideration:




/

1908.

CONGRESSIONAL RECORD— SENATE.

now I call your attention to tlie fact that there was no Indian
within the limits of the Five Civilized Tribes when this contract
between the United States and the Five Civilized Tribes was
made.
Mr. CURTIS. Mr. President-----The VICE-PRESIDENT. Does the Senator from Oklahoma
yield to the Senator from Kansas?
Mr. OWEN. I yield, j
Mr. CURTIS. You admit, do you not, that there was a
tribe of Cherokees there?
- Mr. OWEN. N o; I admit nothing of the k in d .)
Mr. CURTIS. You admit, do you not, that they had prop­
erty— money and land?
c Mr. OWEN. Certainly I do. }
Mr. CURTIS. "Who had the money and land if the tribe did
not have it?
.
'M r. OWEN. There was no tribe. They were United States
citizens and were not a tribe.
Mr. CURTIS. Mr. President, were they not known as a
tribe?
( Mr. OWEN. It is that error of designation I am trying now
Mr. GORE. Mr. President------The VICE-PRESIDENT. Does the Senator from Oklahoma
yield to his colleague?
Mr. OWEN. With pleasure. I
Mr. GORE. I merely desire to suggest it might be well
for the Senate to recognize the belligerent rights of these two
Indians. [Laughter.]
f Mr. OWEN. Mr. President, I was not an alien in the year
/ o f our Lord 1902. I was a full citizen of the United States,
I and I had no more rights as a citizen of the United States
I than did any other man who belonged to the so-called and pre( tended tribe of Cherokee Indians. There was no tribe and
\ there was no Indian within the meaning of the law, because
'•an Indian is an alien.
Mr. CURTIS. That can not be so, Mr. President.
Mr. OWEN. It is so, and the Senator from Kansas can)
never deny a truth so patent.
/
Mr. CURTIS. The Supreme Court say------The VICE-PRESIDENT. Does the Senator from Oklahoma
yield to the Senator from Kansas?
. (M r. OWEN. With pleasure.)
Mr, CURTIS. The act of 1887 recognizes that an Indian
may become a citizen of the United States and enjoy all the
rights and privileges and still he a member of his tribe.
Mr. OWEN. Y es; in the Albert Heff case John Butler
was a Ivickapoo Indian and a member of his tribe, and the
1 United States undertook to assume jurisdiction over his appetite
I for liquor while the State of Kansas had jurisdiction over his
1 person otherwise; and the interesting distinction was brought
’ about that it was necessary and essential in order to have both!
jurisdictions to vest, that the aforesaid John Butler should be
I separated for the purposes of the State courts as to his per­
son from the aforesaid appetite for intoxicating liquor for
j Federal purposes— [laughter]— a distinction which shows the;
* absurdity of the contention of the Senator from Kansas. John
Butler was subject to the laws in Kansas; he owed allegiance
to the laws of Kansas which had jurisdiction over his life and
I over his property; and the only benefit of keeping John Butler
\ si member of the Ivickapoo tribe is to pay the salary of the
I dian agent, who is a holder of office.
Mr. CURTIS. Oh, Mr. President------The VICE-PRESIDENT. Does the Senator from Oklahoma
yield to the Senator from Kansas?
Mr. OW EN. Yes; I yieid.
Mr. CURTIS. You do not have to yield.
(Mr. OWEN. I will yield.
Mr. CURTIS. Mr. President, the distinguished Senator from
Oklahoma referred to the Heff case. He knows that was ap­
plied to the police powers of the State. lie knows also that the
Supreme Court has decided that the allottee, who may beeome a
citizen of the United States by that allotment and enjoy all the
Hghts and privileges, still holds his land as a member of the
tribe, subject to the restrictions placed thereon by the act giving
him the land. I have not contended that Congress was trying
to exercise any right over the individual, but that Congress has
the right to control his property until the restrictions are
removed.
/ Mr. OWEN. 1 am sure that the Senator from Kansas, Mr.
, President, believes that Congress has the right to control my
Property, but the Senator from Kansas is mistaken with regard
' to it, because if I have the right of contract I can give away
; 0l.v property.
I want to call the attention of the Senator from Montana to

I




2587

the distinction. I agree with the Senator from Kansas that
when I receive a limited title forbidding me by act of the
grantor to divest myself of the legal fee for five years, the legal
fee will remain vested in me for five years; but what I call
your attention to now is the vital distinction in this case. If I
am a free man, if I am a citizen of the United States, with alii
the rights, privileges, and immunities of citizenship, I can dis-l
. pose of my equity and I can give my bond for title, and there is
’ no power in the Federal Government to stop it.
AMENDMENT OE THE NATIONAL BANKING LAWS.
The VICE-PRESIDENT. The hour of 2 o’clock having ar­
rived, the Chair lays before the Senate the unfinished business,
which is Senate bill 3023.
_ The Senate, as in Committee of the Whole, resumed the con­
sideration of the bill (S. 3023) to amend the national banking
laws.
Mr. McCREARY. Mr. President, the last panic, with its dis­
astrous consequences, depredated values, stoppage of industrial
and commercial development, and enforced idleness, came sud­
denly and at a time wr
hen people were prosperous and when the
Government in its resources, the banks in their affairs, and busi­
ness in its activities never seemed sounder and stronger. Some
persons say we faced a crisis unequaled in our history, and the
distinguished chairman of the Committee on Finance [Mr. A l ­
drich ], who reported the bill now under consideration, said:
The financial crisis from which the country has just emerged, which
terminated in a serious panic in October, was the most acute and de­
structive in its consequences of any which has occurred in the history
of the country.
There has never been a monetary system in our country which
was entirely free from financial disturbances.
There were
j financial panics in 1837_and in 1857 and in 1873 and in 1893, but
the conditions at the time each of these panics occurred were
entirely different from the conditions which preceded the late
panic.
Tlie amount of money in actual circulation in onr country is
greater per capita than in any other commercial country in the
world, except France, where business conditions are very dif­
ferent from ours and where business is done largely upon bank
notes instead of upon bank credits, as in onr country. In 1907,
just previous to the commencement of the panic, the amount of
money in circulation in the United States outside of the Treas­
ury was $2,805,854,374, or $34 per capita, being the largest
amount per capita up to that time in the history of our country,
and nearly double what it was in 1896. W e have twice as much
money per capita as Great Britain, seven times as much as
Japan, four times as much as Russia, and $7 per capita more
than Germany. Six thousand six hundred national banks held
$1,106,500,000, and 11,000 State banks and trust companies held
a large part of the remainder. Deposits in our national banks,
State banks, savings banks, and trust companies had increased,
in round numbers, from five billions to thirteen billions. I
might also state, to show the remarkable condition of the crops
of the country, that in 1907 there were 13,500,000 hales of cot­
ton produced, which sold at an average of 12 cents per pound,
being the largest number of bales ever produced in the Southern
States in one year, and there were produced in the United
States 735,000,000 bushels of wheat, and all other farm prod­
ucts were produced in 1907 in the same abundance; and when
the panic broke upon the country we were enjoying unrivaled
prosperity, and all the products of the fields, factories, and
mines were selling for the highest prices they had commanded
in many years.
THE PANIC.
The wonder of the times, therefore, is, What produced the
panic? I should say the panic was produced by overtrading,
unbounded speculation, unlimited gambling in stocks, hazardous
business enterprises, combinations and consolidations that en­
riched the promoters and impoverished the people and destroyed
public confidence, and caused money to be hoarded, and made
depositors withhold money and withdraw money from the banks
because afraid of the banks, and made banks withhold money
and refuse to pay it out because afraid of depositors, and be­
cause, in many instances, their part of the reserves had been
sent to eastern cities and were not available.
There were never in the history of our country more heroic
efforts made to avert or lighten the disastrous effects of a panic
than were made in the last three months of the year 1907.
The Secretary of the Treasury deposited in banks of New
York, and other banks, $70,000,000. Clearing-house certificates
were issued to about $190,000,000, pay checks were issued by
banks and individuals amounting to $75,000,000, enlargement of
bank-note circulation took place amounting to $94,000,000, im­
portations of gold, resulting in an enlarged issue of gold’ cer-

CONGRESSIONAL RECORD— SENATE.




ebbuaey

27,

functions of money, and these could be added to tbe $500,000,000
emergency currency without in any way disturbing our mone­
tary system.
I f use is made of the Treasury for the solution of the cur­
rency question, it may be again asserted, as it has already been
asserted, that the Government will be put into the banking busi­
ness. The Government is already heavily in the banking busi­
DUTY OF CONGRESS.
ness. It is the custodian of coin and bullion against which it
Mr. President, I believe it is the imperative duty of Congress has issued its warehouse receipts for both gold and silver, and
to provide some means of avoiding or meeting successfully an­ which are known as “ certificates.” It also has outstanding notes,
other financial panic. There are still traces of the panic o
those of 1890, for purchase of silver bullion, and also the green­
1907. While general conditions have improved and noar
_ backs, against which the reserve fund of $150,000,000 was pro­
money is again in the usual channels, there is still anxiety
vided as an earnest of the intention to redeem them in gold
disquiet in financial and industrial circles, and P™mPt aim upon demand. It therefore is in the position of being a depos­
satisfactory action by Congress will be of immense benefit in itory with notes outstanding. It is also a large lender of money.
every part of our country.
t
rpvise This is shown by the $245,000,000 deposited with the national
I do not believe we should at present undertake to
banks throughout the country subject to call, and these deposits
the whole monetary system of the United States. T
are nothing more nor less than loans to the banks.
worst possible time to undertake such a task. ° ; r ”
a
Mr. President, I have shown what I am in favor of as re­
system should be reformed when everything ^ form al ana gards furnishing an emergency currency. The bill under con­
satisfactory, and not when we have just emerged i_ m it
sideration, reported by the majority of the Committee on
dangers of a financial revolution. Any very ja d m a c h a n g e a . Finance, seeks to provide a currency to meet an emergency like
this time might bring serious injury, to the futu
a ^ ^
that which lately occurred. I have great respect for the Sena­
another session o f Congress^ when times .
1
t
system, tors who compose that committee, and, while I agree with the
lieve there should be a revision of our entire
£
minority of the committee, I can not say that the bill, as
I am not in favor of the proposition advocated by'so m e p
reported by the majority of the committee, if enacted into law,
sons to establish a great central bank of issue such as t y would be valueless in time of financial depression, or that it
have in England, France, and Germany. N e ^ e r am I in fa
would fail to accomplish at least a part of the results for which
of the bill presented by the American B a k e r s
the chairman so forcibly contended. This bill provides for a
of the bill known as the “ Fowler^bilL* T
h
u
“™enc y
possible issue in emergencies of five hundred millions of
provides for the early retirement of a11, ^ ^ f ^ ^asurv notes, natioml-HnJc notes redeemable by the United States in lawful
and, at a later period, for the retirement of al^ T r e a s u g ^ t e s ,
money upon presentation at the Treasury.
and in their stead would provide, under
They are to be issued to any applying association if, in the
for the issue of “ national-bank guaranteed credit notes
judgment of tbe Secretary of the Treasury, business condi­
through the respective national banks up to the amount of then
tions in the particular locality of the bank demand additional
S
to capital and for further issue, if recommended by the
circulation, and for the security of the Government the banka
board o f 1managers of the respective redemption districts.
While there are other objections to this bill, it is such a com­ are required to deposit in the Treasury State bonds, county
plete revision of our monetary system that it is objectionable bonds, municipal bonds, or first-mortgage bonds of any railroad
at this time. I shall not, however, consume time by attempt- company which has paid dividends of not less than 4 per cent per
annum regularly for a period of not less than five years pre­
in0, to discuss these financial measures.
vious to the deposit of the bonds. Some of the important ob­
FIVE H N R D M
UDE
ILLIONS O D L A S O UN
F OLR F
ITED STATES N TES.
O
jections to the bill are that it relinquishes the sovereign right
The expedient resorted to by the Secretary of the Tieasuiy,
of the United States Government to issue and circulate money.
by financial institutions, and by individuals to increase the
It greatly enlarges the power of national banks, which,
volume of currency in the panic of 1907 furnishes a good
already, under existing law, have the power to take out ad­
object lesson and suggests legislation to authorize additional
ditional circulation in the form of national-bank notes to the
notes to be used in emergencies. I believe that the authorized amount of hundreds of millions of dollars. It discriminates
i i u e should be in United States notes instead of nationalagainst United States bonds, and they are not permitted to
bank notes. According to my old-fashioned Democratic belief,
be used as a basis for emergency currency notes, while this
it is the constitutional function of the Government of the
privilege is given to railroad bonds. I do not believe that
United States to issue money to be used by the people. W e railroad bonds should have this public function, but that United
depend upon the Government and not upon the banks to up­ States bonds should have it, and other bonds provided for as
hold our currency, and the bank note has its present value
already referred to by me.
t o a u i the United States Is behind it. Therefor in enterThe requirement as to railroad bonds, mentioned in the
gencies United States notes and not bank notes should be pro­
Aldrich bill, that the railroad issuing them must have paid
vided. Albert Gallatin, who was Secretary o f the Treasury dividends of not less than 4 per cent per annum regularly and
for two terms under Jefferson and ulso under Madison, said.
continuously on its entire capital stock for a period of not less
The right of issuing paper money as currency, like that of issuing
gold and silver coins, belongs exclusively to the nation, and can not than five years previous to the deposit of the bonds, discrimi­
nates in favor of the railroads of the East. I know of no rail­
be claimed by any individual.
Thomas Jefferson and Andrew Jackson upheld the doctrine roads in the South that pay dividends as provided In this bill*
that our money should be gold and silver and paper money, There may be such roads, but I have seen no report that Indi­
cates such railroads.
issued by the Government.
Besides, the Secretary of the Treasury would have great diffi­
To express my views more at length, I am in favor of a bondsecured emergency currency with an interest charge sufficiently culty in determining the value of railroad bonds. Their value
w h to compel contraction of such issue after tbe emergency has often fluctuates. The value of nearly all railroad bonds has
na“ =ed I believe that whenever, in the judgment of the been reduced in the last few months.
Another strong point in opposition to national-bank currency
Secretary of the Treasury, business conditions require it,
be should deposit in national banks and in State banks and being used as emergency currency is national-bank currency
savings banks $500,000,000, or so much thereof as may be can not be successfully employed as emergency currency because
deemed necessary and proper, the deposits to be apportioned it can not be ordered, printed, signed, and placed in circulation
among the several States in accordance with their population, rapidly enough to check or prevent a panic. Panics d e v e l o p
and the Treasurer of the United States, with the appro\al of rapidly and quick and decisive action at the beginning of the
the Secretary of the Treasury, may accept as security tor the financial disturbance is absolutely demanded. The G o v e r n m e n t
deposits United States bonds, State bonds, county or munici­ currency is the best emergency currency, and it should be
pal bonds, and the Secretary of the Treasury shall immediatelj printed and stored in large quantities ready to be Issued when
cause to be prepared United States notes to the extent of $500,- Government bonds, State, county, or municipal bonds are pre­
000,000, and these notes shall possess all the legal qualities sented according to law. This kind of currency will help to
and be uniform in all respects with United States notes now restore confidence, and I may say in this connection that clear­
outstanding, and each bank receiving deposits shall pay interest ing-house certificates and pay checks issued during the recent
monthly at the rate of one-half of 1 per cent per month for the panic were viewed as signals of distress, and they disturbed
first six months, and at the rate of three-fourtlis of 1 per cent confidence and increased the alarm and caused lawful money to
thereafter, as set forth in the substitute offered by the Senator be withdrawn from circulation.
The bill under consideration has aroused opposition in v a r i ­
from Texas [Mr. Bailey] for the bill now under consideration.
There are now in circulation $350,000,000 of Treasury notes ous financial circles. A joint meeting of the council of adminis­
not costing the Government anything and performing all the tration of the American Bankers’ Association and the legisla*

tificates amounting to $06,000,000, making an increase in the
amount of currency anti substitutes for currency amounting o
nearly $500,000,000. This increase of currency and prompt ana
courageous action of New York bankers in helping banks that
were assailed stopped the panic and saved the country from a
serious and ruinous crisis.

I

F

1908

CONGRESSIONAL RECORD— SENATE.

The amendment was agreed to.
The next amendment was, in section 4, page 4, line 24, after
the word “ authorized,” to strike out “ and the connections
necessary at or in the navy-yard ” and insert “ to a connection
with the track system of the navy-yard,” so as to make the sec­
tion read:
Sec. 4. That the entire cost and expense of obtaining the necessary

2591

the United States in trust, but on the contrary. I call the at­
tention of the Senate to the act of July 1, 1902, page 3, section
21, known as the “ Cherokee allotment a c t :"

issued by the Dawes Commission shall be
and the United States Indian agent for the Union Agency shall,
under the direction of the Secretary of the Interior, upon the applica­
tion of the allottee, place him in possession of his allotment, and shall
therefrom all persons
the
of the
right of way and the entire cost and expense of constructing the branch remove agent hereunder shall objectionable to him, and writactsprocess
not be controlled by the
or
track herein authorized to a connection with the track system of the Indian
of any court
navy-yard shall be paid and defrayed by the Philadelphia, Baltimore
and Washington Railroad Company, hut the said Philadelphia, Balti­
In other words, this title to the land passes from the Chero­
more and Washington Railroad Company shall not acquire any riparian kee people, who owned the land, by virtue of the certificates of
lights by reason of the location of said track through public space or
allotment, directly to the individual citizen of the United States
through'any right of way necessary to be acquired.
A l l o t m e n t c e r tific a te s
con e lu s iv e e v id e n c e o f t h e r ig h t o f an a l l o t t e e t o th e t r a c t o f lan d d e sc r ib e d
th e r e in ,

j
I

who was a member of the late Cherokee tribe of Indians.
Therefore this case is not a parallel at all, and that Is the
distinction I am trying to make here. Where the United'States .
is a trustee for the title, the United States may defend its posi­
tion as trustee and do whatever is necessary for the mainte­
nance of the right of the trustee, and may forbid taxation when
the land is held by the United States as trustee; but when the
United States is not a grantor of the land, where the Cherokee
people were the grantors of this land, it is different. The
Cherokees have owned the land for three-quarters of a century.
They bought that land from the United States and they paid for
it. It was their own. This land was owned by a given number
S ec 5. That where the line as approved by said Commissioners lies
within the bed of any public highway or through any public space, isaid of United States citizens, and they, by a contract with the j
company is hereby given the right to occupy such portion of said high­ United States, agreed to distribute among themselves the owners i
way or' public space as may be approved by said Commissioners, and
where such approved line crosses private property, the said railroad of that property, and this contract is in the form of statute.
company Is hereby authorized to acquire a sufficient right of way not Those people were United States citizens and were not a tribe
exceeding 60 feet in width by purchase, and in the event that such of Indians, because the tribe so called had lost its authority. I
right of wav can not be purchased at a price satisfactory to said rail­ call the attention of the Senate to the fact that the Supreme
road company, authoritv is hereby conferred upon said railroad com­
pany to condemn the land necessary for such right of way, in the man­ Court holds that when a tribe is given citizenship of the United
ner‘and by the method and processes provided by sections 648 to 661, States as a tribe it ceases to have governmental functions and
both inclusive, of the Revised Statutes relating to the District of Co­ it ceases to be a tribe within the meaning of the law. The |
lumbia, which said sections, despite any repeal thereof, are hereby re­
enacted in full force and effect, for the purposes contemplated by this word “ tribe ” is then used merely as a convenient designation
act, and are especially enacted to like effect as if the same were incorpo­ for a given number of persons. The old name which they have
rated herein at length: P r o v i d e d , That in every case where an assess­
ment for damages or an award shall have been returned by the ap­ borne is continued, and because they were once a Cherokee
praisers, the company, upon paying Into court the amount so assessed tribe they continue to be spoken of as the Cherokee tribe, al­
or awarded, may enter upon and take possession of the land covered though their legal status is absolutely different.
thereby, irrespective of whether exceptions to such assessment or award
Whenever the Cherokee people lost their governmental func­
shall be tiled or not, and any subsequent proceedings shall not inter­
fere with or affect such possession, but shall only affect the amount of tion as a tribe; when they could exercise no dominion over the
membership of that tribe; when they could afford no protection
compensation to be paid.
to the membership of that tribe, and the individual owend no al­
The amendment was agreed to.
legiance to the government of the tribe, that tribe was dead as a
Mr. CARTER. I offer the amendment I send to the desk.
The S e c r e t a r y . At the end of section 4, on page 5, it is pro­ governmental organism, and the citizens of the Cherokee tribe
now owe no allegiance whatever to that so-called tribe. They owe
posed to insert:
Oklahoma has the
P r o v i d e d , That upon the completion of the branch track herein their allegiance to the State of Oklahoma.
authorized and directed to be constructed within the time and m the power of life and death over the members of the late Cherokee
manner herein required, the United States shall pay to the Phila­
delphia, Baltimore and Washington Railroad Company, its successors or tribe of Indians. There is no Cherokee tribe except for con­
assigns, the sum of 525,000, or so much thereof as may be necessary venience of designation, and there is no membership of that
to reimburse said company for money paid by it for and in securing tribe except as a method of convenient designation. Those
the necessary rights of wav in conformity with this act, and for such people are citizens of the State of Oklahoma, owing their
purpose the sum of $25,000, or so much thereof as may he necessary,
is hereby appropriated out of any moneys in the Treasury of the Lnited ; allegiance to the State o f Oklahoma, and Oklahoma owes them
the duty of protection, and the duty of protection carries with
States not otherwise appropriated.
it the power of protection.
The amendment was agreed to.
The bill was ordered to be engrossed for a third reading, j All this debate with regard to those people springs from the
desire of the officers of the Federal Government to exercise
read the third time, and passed.
power over those individual members of the late Five Civilized
INDIAN APPROPRIATION BILL.
Tribes, and to maintain that Bureau of the Government which
Mr. CLAPP. I move that the Senate proceed to the con- j calls for a tremendous appropriation here in this very appro­
sideration of the Indian appropriation bill.
priation bill, hundreds of thousands of dollars to carry on this
The motion was agreed to, and the Senate, as in Committee Bureau of Government in the discharge of the duty of the
of the Whole, resumed the consideration of the bill (II. R. j United States in the first place as trustee to distribute thi*
15219) making appropriations for the current and contingent
property.
,
„
.
j
ex [lenses of the Indian Department and for fulfilling treaty j
It has been ten years, ten long years, since the Choctaws and
stipulations with various Indian tribes for the fiscal year end­ Chiekasaws agreed by contract with the United States for the
ing June SO, 1909, and for other purposes.
distribution of this property, and still the people of those
The VICE-PRESIDENT. The pending question is on the \ former tribes 3.w&it the settlement of this mfltter, And huiuliods
amendment offered by the junior Senator from Kansas [M r.j of thousands of dollars are being appropriated here now in
Curtis 1 to the amendment proposed by the Senator from O k la -! this very Indian appropriation bill to carry on this business
horoa [Mr. Owen], which will be stated.
not of protecting the Indians, but of protecting Government
The S e c r e t a r y , Before the words “ civilized tribes ” it is j employees who find a convenient berth in Oklahoma.
proposed to strike out the word “ late.”
I wish to call attention specifically to the Albert Heff case
Mr. OWEN. Mr. President, the Senator from Kansas [Mr. j and to show the important significance of the decision of the
Curtis ], in support of his contention that the Albert Heff case! Supreme Court, because all of the contention which has been ,
is of no’ value in the matter before the Senate, quoted the case j made here in opposition to this argument which I submit was
of McKay v. Kalyton, at the October term, 1906, 204 United j made by the Solicitor-General of the United States, Henry M.
States, in that case it was held:
Hoyt, in the Albert Heff case. He argued that the tribe was a |
The T Ited Slates Las retained such control over the allotments to continuing existence. He argued that because a man was a |
in
Indians that, except as provided by acts of Congress, controversies in­ member of this tribe tho United States had jurisdiction over
volving the determination of title to, and right to possession of, In­
dian allotments while the same are held in trust by the United States him.
are not primarily cognizable by any court, State or Federal. (McKay
The court held the contrary, that the Government had no
c- Kalyton, 204 U. S„ p. 458.)
jurisdiction, and said this:
TIig case referred to bv the Senator from Kansas is one
It is said that commerce with the Indian tribes includes commerce !
Where the land was held in trust by the United States, but in with the members thereof, and Congress having power to regulate com­
the case which I am now speaking to the 'title is not held by merce between the white men and the Indians c o n tin u e s t o r e ta in th a t "
The amendment was agreed to.
The next amendment was, in section 5, page 5, line 10, after
the word “ highway,” to insert “ or public space; ” in line 11,
after the word "approved,” to strike out “ route” and insert
" l i n e ; ” in line IS, after the word “ way,” to insert “ not ex­
ceeding 06 feet in width; ” in line 14, after the word " that,” to
strike out “ said ” and insert “ such; ” in line 22, after the word
“ hereby,” to strike out “ continued” and insert “ reenacted;
on page 0, line 4, after the word “ to,” to strike out “ said and
insert “ such,” and in line 5, after the word “ and/’ to strike
out “ th e” and insert "a n y ; ” so as to make the section read:







CONGRESSIONAL RECORD— SENATE.

F ebruary

27,

Mr. OWEN. It is not, for the reason that in the Rickert case
the United States was trustee of the title and in this case there
is no trustee of the title. The title to the land which I have in
There was the contention, and what does the Supreme Court Oklahoma as an allottee is in me direct and there is no trustee.
Does the Senator recognize the distinction between a case
say in answer to that contention? They say:
Knt the losic of this argument implies that the United States can where the United States is trustee and where the United States
never reIeaseSitself from the obligation of guardianship; that so long is not trustee? The distinction is so plain that no man need
as an individual is an Indian by descent, C o n g r e s s , although it may to err therein.
have granted all the rights and privileges of national and therefore
Mr. McCUMBER. I should like to ask the Senator wherein
State citizenship, the benefits and burdens of the laws of the State
may at any time repudiate this action and reassume its guardianship there is a distinction between the Sisseton and Wahpeton tribes,
and prevent the Indian from enjoying the benefit of the laws o f the under the law as it then existed, and the Five Civilized Tribes?
State and release him from obligations of obedience thereto. Can
Wherein did one tribe differ from the other? Both had prac­
be that because one has Indian—and only Indian—blood in his v.
he is to be forever one of a special class oyer whom the Geneiai jo tically the same grants; both had practically the same laws re­
ernment may in its discretion assume the rights of Snardianship
it has once abandoned, and this whether the State or the
mo„ lating to their citizenship and the rights and immunities of that
_
self consents? We think the reach to which this argument goes demoi citizenship. Then wherein was there a trustee over the Sisseton
tribe different from that over the other tribes?
strates that it is unsound.
Mr. OWEN. I will ask the Senator a question, and that is,
That is the language of the Supreme Court.
f
But it is said that the Government has provided that The ^dmns whether or not these allotments were made to the United States
in trust for the Wahpeton and Sisseton members?
title shall not he alienated or encumbered for twenty-five yea
Mr. McCUMBER. They were not. It was a direct deed, a
That was in case of a grant from the Government itself, no a
grant from United States citizens ownmg certain p r o p ^ t y ^ patent to the allottees with a restrictive clause in it; nothing
more or less. There was nothing else than the restriction on
common and who were granting the title to themselves d ir a y
and it is also stipulated that t h e ° o + h p r ZimopCTtv^bu^Othese are sale.
Mr. OWEN. Then the United States is not a trustee In that
the Indian of his interest in tribal or o
P P '
status of
mere property rights, and do not affect. the _ united States, 432) we case. Is that the Senator’ s contention?
the allottees. In Ended States ^ R'ckert (
■
G
n
lands thus
Mr. McCUMBER. I was simply trying to get the position of
sustained the right of the Government to m otecr tn
allotted and patented from any encumbrance of state raxauo
the Senator, not desiring to take part in the argument at this
in the Rickert case the United States ™ Jrasto) crftt'e t die time. My position is that there was a trusteeship over the per­
In Oklahoma, in the Five Tribes, the _United S ta to is not son and over the property during that period.
Mr. OWEN. The Senator from Kansas [Mr. C u r t i s ] does
trustee of the title. But these lands go direct to
not insist upon a trusteeship of the persou, I believe.
owned them, who are United States citize .
fi l
t
Mr. CURTIS. I said the Government is exercising a trust
member of the community, and the alj.ot“ e^ f “ *?S i need
him with all the right to that land, and he does not even need over the property.
a patent. As far as I am concerned I should be entirely content
I do not say that the Government is exercising a right over
to abandon the issuance of patents to the lands in that country. the personal conduct of the individual member of a tribe, so as
W e do not need any of those patents. A patent is merely an evi­ to interfere with the police power of the State. But I insist
dence of title. A patent is not title. You may take a patent that, under the law, the Government still controls the property
and put it in the fire and bum it up aud the title will remain. until the restriction period has expired, aud the Senator from
\ patent is merely a piece of paper intended as evidence of title. Oklahoma has an allotment subject to certain restrictions, and
The title itself is vested by virtue of the law, which places the his lands can not be sold for a certain length of time.
right to the property in the hands of the individual and m his
Mr. OWEN. The distinction is this: The Wahpeton and Sis­
seton Indians were blanket Indians. In the case of the Wahpe­
ownership.
. ...
The Supreme Court goes on to say in this case:
ton and Sisseton Sioux the United States was the supervising
r?nf it i<4 unnecessary to pursue this discussion further. Vie are of power. They were aliens, and in this case the citizenship of
the oninion that when the United States grants the privileges of citi- the Cherokee Nation, for example, comprised not Indians within
the £P‘n^ n *
„iTeg to him the benefit of and requires him to
S e c t to the laws, lioth civil and criminal, of the State, it places him the meaning of the law, but comprised citizens of the United
be subject
ii-, reflations on the part of Congress; that States, who had the right of contract before they entered into
outside the
of po
=
. tbiig created can not be set aside
the emancipation o
ment without the consent of the individual the contract of July 1, 1902, by the approval of this act of
at the inst. rJ ®° i,.j a n d that this emancipation from Federal control Congress distributing that so-called “ tribal property,” and
a ^
L urn affeVea hv the fact that the lands it has granted to the Indian being citizens of the United States aud being the grantors
n
is “ot affected by R e “ “ lltlon against alienation and incumbrance,
T t G f “ h« S i Sat “ liS it e l, to him au Merest in tribal »r themselves to their individual members as grantees, they might
impose, if you will, a restriction upon the title; but the United
other property.
. . . . . . .
.
Mr President, in this case, where the tribe by its own act States, having nothing whatever to do with the ownership of
terminated the social compact which boundl tti* people together the property, has no right whatever to impose a condition upon
the grantee.
as a tribe, where every single governmental function has de
Mr. CURTIS. Mr. President-----parted, where the so-called “ ch ief” is nothing but a clerk
The VICE-PRESIDENT. Does the Senator from Oklahoma
of the Interior Department, where he has no e x e c u t i v e ^
yield to the Senator from Kansas?
whatever except to sign his name to these *H »n e d
Pate
Mr. OWEN. Certainly.
where he is made subservient by his salary to the power that
Mr. CURTIS, Did not the Supreme Court in the case of
pays him— I say the proper designation for' such a tnbe is the
Stevens v. The Cherokee Nation decide that the land and money
late Five Civilized Tribes, because the wold
late
has been
of the tribes were common property, tribal property, and tribal
ordinarily used by the Government to describe a tribe which
money?
has lost governmental functions.
Mr. OWEN. In the Stevens ease, which arose with regard
The Senator from Kansas [Mr. C u b t i s ] asked me whether or
to the constitutionality of an act of Congress providing for the
not the State of Oklahoma has a right to tax thrae lands. I
making up of the rolls of the Cherokee people, the court held
assert that undoubtedly it has the right to tax those lands
t
that that act was constitutional. The United States was obliged
withstanding the fact that these United States citize
to distribute the property to do away with those old tribal
members of the Five Tribes, agreed with the United States be­
governments.
fore Oklahoma was established that the land should not be
Mr. CURTIS rose.
taxable. But when a State is established, and when these
individuals themselves establish the State, and when they be* / Mr. OWEN. Allow me to complete my answer. Then I will
/yield to another question.
Vjome members of the State, owing allegiance to the State
’ The United States in that case was obliged to distribute
■Mr. McCUMBER. Mr. President------The VICE-PRESIDENT. Does the Senator from Oklahoma this property in order to do away with these old tribal govern­
ments. It was the intention of the act of 1S93, in establishing
yield to the Senator from North Dakota?
the Dawes Commission, to do away with these so-called “ tribal
Mr. OWEN. Certainly.
Mr. McCUMBER. I desire to see whether I understand the governments.” The act of 1897 did away with their judicial
Senator. Does he state that the State of Oklahoma has power authority, and the act of 1S98 did away with what remained
to levy a tax before the expiration of the period of restriction? of the tribal authority; and I think no one is more familiar
with the destructive force of that act than the gentleman
Mr. OWEN. Undoubtedly.
who drew the act and who now represents here In part the
Mr. McCUMBER. That is his position?
Mr. OWEN, Certainly
State of Kansas.
Those tribal governments were intended to be destroyed
Mr. McCUMBER. Is not that absolutely overruled in the
Rickert case?
hv the Curtis Act. so called, and thev

although it has provided that the Indian shall have the benefit
of and be subject to the civil and criminal laws of the State and shall
be a citizen of the United States, and therefore a citizen of the State.

power,

t

1908.

CONGRESSIONAL RECORD— SENATE.

Curtis A ct; and as soon as that transpired, being interested The Senate in discussing that land grant. I only say that it
in those people, I undertook to secure for them full citizenship, ' was an obvious pretext, and the real purpose of extending the
so that they might be able to defend themselves without being tribe, so called, was to maintain this bureau government, against
subject to the supervisory control of the Interior Department;: which I now protest.
and it was done by the act of March 3, 1901.
But more than that, I want to call the attention of the Sen­
Mr. CURTIS. Mr. President------ ate to the gross absurdity of this proposition.
Here is a
The VICE-PRESIDENT. Does the Senator from Oklahoma] community of United States citizens who by their own vote dis­
yield to the Senator from Kansas?
solved the so-called “ tribe,” and having dissolved the tribe
Mr. OWEN. Certainly.
and terminated their social compact that made it a tribe the
Mr. CURTIS. The Senator admits, does he not, that there1 United States comes along after two or three years and passes
is quite a large amount of property there to be distributed?
an act declaring that the tribal life is extended, and proposes
/ '" M r . OWEN. I admit that there is a large amount of prop- to make me a citizen of the late tribe— a member of an extinct
I ertv there yet to be distributed, and the owners of that property Indian tribe. They drag the Cherokee Nation from the cere­
I yet to be distributed are citizens of the United States. They are ments of the grave, give it vitality, and make me a member of
/ not Indians. They do not comprise a tribe of Indians, because it. I earnestly submit such a proposition violates every senti­
i the true meaning of “ a tribe ” is a community having the power ment of reason and common sense.
I of government in some degree, and therefore in order to be a
Tlie argument shows how preposterous this proposition is,
1 living governmental organism must exercise some control over and how anyone can justify himself in saying that this is a
its membership.
giving, governmental organism now passes my comprehension. „
Mr. CURTIS. They still have legislatures and chiefs, do
Mr. McCUMBER. Mr. President, I do not think that very
they not?
many of the Senators are wasting a great deal of sympathy
far. OWEN. I have already stated that they have chiefs upon the Senator from Oklahoma. I do not think he needs any.
appointed by the Secretary of the Interior and a legislature I think he is thoroughly able to take care of himself. Nor do I
under the same dominating force who do not represent those think that anyone has wasted any sympathy upon the white
people and whose sentiments are not the sentiments of those men of Oklahoma who still take the name of Indians because
people. They have joined the great army of sinecures, and there may be a sixteenth or a thirty-second amount of Indian
their sympathies are with the salaried class, who have a good blood in their veins. But there is some sympathy in the United
reason to wish to continue for a long time the winding up of States for the full-blood Indians, for the real Indian, and there
affairs in Oklahoma; and it is against that long-continued are a great number of them in the new State of Oklahoma. If
winding up of affairs in Oklahoma that I am protesting.
the reports that we get from that section are correct, and the
The only way they can continue to exercise supervisory con­ report that we get from the special committee that investigated
trol is by maintaining this theory that there is a tribe down in the affairs down in New Mexico is one-tenth of it correct, it
that country, that these dead governments are living govern­ seems to me that sympathy is not in the slightest degree wasted.
mental organisms, and since they are not, since they have no
It may be possible that we have legislated the Indian out of
functions, since their laws can not be carried out, since they the control of Congress. If we have done so, then nine-tenths
have no laws, I insist upon it that the word “ la te ” is a proper of the hill which the Senator from Oklahoma is supporting here
description, and I insist upon it, moreover, that it is a highly to-day is a mere nullity, and there is nothing left for Congress
necessary description, unless it is intended by the United States to do except year after year to vote the proper annuities that
to attempt to perpetuate this bureaucratic government in Okla­ shall go to those Indians under previous contracts or under
homa for some period of years longer. Our people desire peace. treaties that were made years ago. That would be the sole
They desire the opportunity to be free, to develop their own function of Congress, so far as it relates to Indian matters,
affairs, and they want to be delivered from this attempted provided they are not the wards of the Government at the
supervisory control.
Present time. But if we are assuming that they are wards
There is a case before the Supreme Court which will be de­ of the Government, as every Indian appropriation bill has as­
cided before very long, to determine whether or not this power sumed, notwithstanding any of these laws, it seems to me
can be extended for twenty-five years over those of our citi­ that we are not doing anything so wonderfully ridiculous if
zens who happen to be of a larger measure of Indian blood, we are consistent and declare that they are wards of our
those who are classed as full bloods. W e expect a decision Government for the purpose of protecting their property in­
by the Supreme Court before very long on that question. I, terest, and that is as far as any bill that I know of pro­
for one, have not the slightest doubt that It will be decided poses to go.
that the United States had no right to extend the restrictions W d r . OWEN rose.
\ on these lands in Oklahoma.
Mr. McCUMBER.
Does the Senator wish to ask me a
Mr. C L A IT . W ill the Senator yield to me for a moment?
question?
- Mr. OWEN. Certainly.
The VICE-PRESIDENT.
Does the Senator from North
Mr. CLAPP. I fully sympathize with the Senator in his gen­ Dakota yield to the Senator from Oklahoma?
eral proposition, but I shall vote for the amendment of the
Mr. McCUMBER. With pleasure.
Senator from Kansas. When we passed the act two years ago - Mr. OWEN. The mere continuance of a policy does not justify
there was some question— I think perhaps the importance of it It. I ask the Senator from North Dakota if he is referring to
was exaggerated— as to the legal effect of discontinuing the the so-called “ restrictions” bill?
tribal government, with reference to some existing or pretended
Mr. McCUMBER. I refer to that in connection with other
[and grant. It may have been exaggerated, and I think per­ provisions in the bill. For instance, we are educating those
haps it was. In view of the action of the Senate at that time, people. W e are spending thousands, even millions, of dollars
I should not want in this bill, in this way, to declare that in the education of those Indians. On what assumption? On
those tribal governments should no longer exist. While in sym­ the assumption that they are the wards of the Government
pathy with the Senator on the main question, I will vote‘ for and need the assistance and the education which alone the
the amendment.
Government could give them.
far. OW EN. Mr. President, it is true that there was a preMr. OWEN. Mr. President, the appropriation for the schools
f text offered for extending the tribal existence of the so-called tin Oklahoma, while the State is organizing, I think is justified
Five Civilized Tribes,” and the absurdity of that extension because it goes to the education of white people and not of
Will appear in a moment
the Indian people. The Indians have their own money for their
Here is a community of people who by their own vote dissolve |own schools, and have been conducting their own schools abun­
the social compact that binds them together. They have no dantly for a long period of time— for seventy-five years.
^ecutive authority; they have no judiciary; they have no legisla­
Mr. McCUMBER. W e all understand that; but the provi­
tive authority; they have no forum in which any law could be sion o f this bill relates to the education of Indians all over
^forced if they should pass one, and they are forbidden to pass the United States who are declared to be citizens just as fully
Kay kind of a law, except a resolution of adjournment, without as the Indians of Oklahoma have been declared to be citizens.
[he approval of the Secretary of the Interior. They have abso­
.Mr. OWEN. I am in favor of educating the poor whites. I
lutely no power on earth. They do not comprise any organized am in favor of educating anybody who is poor. I do not be­
e°nimunity in any sense of the word.
lieve money can be better expended than for that purpose. But
It is on account of the so-called “ land grant” of the Missouri. because of sympathy with the person I do not think it wise
Kansas and Texas Railroad that this was extended— a land or just that the Federal Government should invade the rights
Sumt which on its face is absolutely preposterous; a land of a State and undertake to take charge of hundreds of thou
grunt that no lawyer would for a moment say had the slightest sands of people who are citizens of a State and who owe tlieir
valu« or u lo r of right. I am not going to take up the time of allegiance to the State and who will be taken care of by the
X L I I ------ 103







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CONGRESSIONAL RECORD— SENATE.

R

ebbuaby

2<,

a white man. I have spoiled several young men myself by pen- j
sionme them. It will spoil any man when you take away from i
him the individual initiative. The chief thing of which the In- \
dian has a right to complain is that his self-respect and self- l
itS\ir M cCUMBER. I am not considering the question whether reliance have been taken away from him by this system of gov- j
OkHhoma wdll educate its own citizens. The Government of ernmental support and governmental nursing, which really_ means 1
the United States, being unable to grant la n d s a s it has done^to the paying of salaries to men who want to have the salaries and I
who are more concerned about the maintenance of such condi­
other States, granted in lieu, I th in k ,$o,0°0£00 m
which allowed Oklahoma to come into the Union. This bill is tions than they are about the welfare of the Indians.
made up of appropriations for the purpose of educating th
The full bloods in my own country have never been paupers, t
Indians all over the United States. I do not know of more They sustain themselves. They were self-supporting always. «
than one or two reservations, and I am not certain as to
_
They were, self-supporting before Columbus landed on the j
shores of this continent, and they have not only supported |
at the present time, where those Indians are not ^ i z
;hemselves, but they have educated their children and they
United States, And yet we are educating them, we aie P
out money to give them a special education and to p P
iave framed laws that were respectable.
-s Mr. McCUMBER. Let me add one thing to that. They sup­
them for what we call “ the white man s civilization.
.
fll n q _ ported themselves so long as they had their lands, and from
Mr. CLAPP. Mr. President------The VICE-PRESIDENT. Does the Senator from North D
the moment you robbed them of their lands they have not been
self-supporting, and they never will be. They were able to
kota yield to the Senator from Minnesota?
Mr. McCUMBER. Certainly.
thor. support themselves upon their lands before the days of Colum­
Mr. CLAPP. I suggest to the Senator that, while I
bus, before the white man took the land and took the game
from the land. He took the old-fashioned means of the Indian
oughly in sympathy with his argument, he mig
a
- t
to gain his livelihood and he tried to make a farmer out of
a great U y ol
him and he tried to make a mechanic out of him. He took
$1,400,000 w ho have money in the Treasury tnav
them to the school some miles distant from here and has been
to give them.
Mr. McCUMBER. That is true.
bUc mouey trying to make professional men out of them, but it has been
Mr. CLAPP. Still, we are
uLls Sre piling up, and we a failure along the whole line. The Indian belongs to the land.
to educate those people, and those f u n ^ a
b| sq\iandered. You can not separate him from God’s earth. The moment you
dare not distribute them for e
«.
. , _ .vseif Mr. President, do separate him from the land you have made a pauper out of
him. The moment you take him away from that which for
Mr. McCOMBBB. I have e r e a t d o o b t m j ^ ^
about malting ol a real M n
1
tlic conclusion thousands and hundreds of thousands of years belonged to
him, and upon which he had been educated, and where he had
gained all of his inherent characteristics, you take away his
only means of livelihood.
Now, we have learned that, Mr. President, and, having learned
^ 51
wSerc they a m
flS T h e w T te it, it seems to me that it is our duty, so far as it is possible,
to tl
to hold this last vestige of the Indian’s rights, and that is some
m a S ^ o battle with the world against adversity. It has not place where he can live. That is what we are attempting to do
S-t^d the Indian to make the same character of battle. You may in holding these restrictions, because the moment that you re­
fimTexceptions here and there among the full-blood Indians, but lease the land from the restrictions the superior ability of the
la to i
ff vou place the majority of Indians upon the same footing as white man, his persuasive qualities and his persistency in get­
soul
S e white man and say, “ Here is the world before you; you ting hold of property, will overcome the resisting mind of the
. Butl
have intellect and you have strength; make your way in the Indian and, like a child, he will finally give away his property.
''— M
world as a white man makes his way,” 09 per cent of them will He will generally ask three or four times what it is really
was
make a complete failure and become paupers.
worth, in the first instance, but if you hold to him long enough
The;
Historv has taught us that. The Government understands he will sell it for one-tenth of what it is worth. That is the
la w s
that to-dav as it never has understood it before, and as we take experience we are having all over the country to-day wherever
-attei
control of reservation after reservation the Indian is crowded
we have absolutely separated the Indian from his land or, what
a cl
nm
W e remove the restrictions, and the white man becomes
is equivalent to that, have removed the restrictions so that they
gran
fhP owner of the land. The Indians of California are now
can sell the land.
ha vt
comin- before us and asking that we buy land again for them,
I have stated in arguments heretofore that I am somewhat
w h W thev can lay their weary heads, and we have got to
Indi;
doubtful as to whether the amendment which I secured In 1900,
buv the land for them and we have got to take care of them extending the restrictions twenty-five years, will be sustained.
---- M
i
or w-e have simply to send them to a pauper’s house. W e might
Tl
I hope it will. I can see many reasons why it should be sus­
inst as well face that condition at one time as another. I
kota
tained. If we should take the general sentiment of the expres­
am sneak in - of the real Indian. I am not speaking of the white
Mi
sions of the courts upon the subject, I would he inclined to
men who have some Indian blood in their veins, because such a
Mi
think that that would be their final holding. W e gave the
man can generally take care of himself.
the
Indian political rights, but by giving him those political rights,
These men still need the protecting arm of the Government.
Kin i
those rights of citizenship, we did not necessarily release our­
W e have taken from them everything on God’s green earth
Ml
selves from the right of control as a guardian over a ward.
that they owned; we have despoiled them of their fair inher­
Stall
I know the Senator takes a different view from that, but I
itance- we have taken their land whenever we wanted it for
— ■*51]
want to call attention to this one case that has been referred
the white men; we have given them a mere beggarly allowance
51]
to so often— the Rickert case. Let rue give you the law that
and the right to exist; and we have placed over them agents governed the Rickert case. W e will take section 6 of chapter
stmi
and kept them within certain confines, and have been trying
law.
119 of the laws of 1887. That law provided as follows :
all the time to see if we could not make white men ont of
Jett
That upon the completion of said allotments and the patenting of
them
Now, having failed upon that proposition, we are the lands to said allottees, each and every member of the respective
twen
brou-ht face to face with a condition either to take care of bands or tribes of Indians to whom allotments have been made, shall
the i
thpse Indians in some way or to turn them over as paupers to have the benefit of and be subject to the laws, both civil and criminal,
(loy<
of the State or Territory in which they may reside; and no Territory
the several States to take care of them.
shall puss or enforce any law denying any such Indians within its
Is at
I am willing, Mr. President, to stretch the law. I might, if jurisdiction the equal protection of the law. And every Indian born
throi
it is possible to do it, take some chances, until the Supreme within the territorial limits of the United States, to whom allotments
very
shall have been made under the provisions of this act * * * is
Court has decided that we have lost the control over them to hereby declared to be a citizen of the United States and Is entitled to
Hot ;
see if we can not remedy some of the wrongs that have been all the rights, privileges, and immunities of such citizens, etc.
to tl
perpetrated against them and still take care of some of their
That is just as broad an application of the law as it would
the ;
lands.
be possible to make. This, remember, was in 1887. In 1901
Stat<
The VICE-PRESIDENT. Does the Senator from North Da­ this same law was extended over the Five Civilized Tribes of
sale
kota yield to the Senator from Oklahoma?
Oklahoma. Thirteen years after that law became effective,
take
Mr. McCUMBER. Certainly.
and at least ten years after the allotments had been made
Govc
/ “ Mr. OWEN. Mr. President, the Senator from North Dakola under it, and which allotments, by the very argument of the
belie
/fa ile d to enumerate all of the things which had been taken Senator from Oklahoma, made these Indians absolute citizens
jh>es
/ away from the Indians, and I want to mention a few for his of the United States when the Indian had received his pai>t*r
^M r
consideration. The chief thing which has been taken away title with the restrictions upon it, the county of Roberts, i®
. Th
from the Indian is his self-reliance, his self-respect. That he the State of South Dakota, levied a tax, both personal and
kota
should be treated as a curio and made a pauper of by this sys­ real, a real-estate tax against the land and a personal-prop*
Mr
tem of governmental pension will ruin any man. It will ruin erty tax against the personal property of the Indian as well.
''- M i
State if they should be pauperized in any way.
^
Oklahoma will take charge of its own poor, and it will educa

gf

i

9

l : ,.|

1908.

CONGRESSIONAL RECORD— SENATE.

Senator from North Dakota to is that these lands did not be­
long to the United States; they belonged to the people compos­
ing that community, who were at that time citizens of the United
States. They were not at that time a tribe, and while they
acquiesced in a five years’ restriction on the title, which as the
grantors of the title they had a right to do and it is binding
on the grantee, the legal title will remain in the grantee for
that period of time.
Mr. McCUMBER. What title does the Senator claim was
held by the individual Indian before the allotment? W as it a
title in common with all the Indians?
— Air. OWEN. No.
These Indians are yet wards of the Nation.
Air. McCUAIBER. W as it a tenancy in common or a joint
" — Mr. OWEN. Mr. President------tenancy, or what was the legal title of the Indian?
,
Mr. McCUMBER. That is the clear wording of the Supreme — Air. OWEN. It was a title under a social compact existing
Court after these men had been declared to be citizens of the between these individuals of a peculiar nature that is ordi­
United States.
narily known as the Indian title.
The VICE-PRESIDENT. Does the Senator from North
Air. AlcCUMBER. Yes; and the Indian title, Air. President,
Dakota yield to the Senator from Oklahoma?
was simply a right of possession subject actually to the control
Mr. McCUMBER. Certainly.
of the Government of the United States.
Mr. OWEN. Does the Senator maintain that now those per­ -—Air. OWEN. No, Mr. President.
sons who were members of the “ Five Civilized Tribes ” are still
Air. AlcCUMBER. No one has ever broadened the Indian
; wards?
title into a greater title than that of a mere possessory right
Air. McCUMBER. For the property which has been granted so long as the Government saw fit to accord them that right.
them and the protection of that property, yes; absolutely. Now, / " “Mr. OWEN. The courts of the United States have held that
let me ask the Senator, does not this decision so state, that these that was a fee title, and it will not do for the Senator from I
men had been declared to be citizens? I am giving him the North Dakota to deny that title. It was practically a fee 1
language of the Supreme Court of the United States on the sub­ simple given by the treaty of 1835 to these people and la t e r /
ject. It is not my own.
confirmed in other treaties.
— ■'
OWEN. Air. President, even the Supreme Court of the V Mr. McCUMBER. Could the Indians sell it without the con­
[ United States may use an inadvertent term. I have already sent of the Government? Could they alienate it or mortgage it
agreed with the Senator from North Dakota that where the in any way without the consent of the Government? If they
United States is trustee of the title, the United States as such O 1U not, then certainly it was not u fee title m that sense.
TU
C
L
U
could uvli , U 11 wlLaimj 1 >Yilo
a
in IU L
trustee may defend its right of trustee and prevent such land j Suppose the tribe had gone out of existence entirely, had been
v _ '1
H
r T™
^
E
a
s
e
'
—-—
wiped out of existence, what would have become of the lands?
r
Mr, AlcCUMBER. It is but perfectly fair to state, in answer AVould they have gone to the heirs of the tribe, or would they
to the Senator, that I do not think it was necessary to use this have reverted immediately to the Government?
language in the decision of that case.
— Mr, OWEN. When you wipe them out, you do not leave
S' Air. OWEN. Of course not. In the Albert Heff case the lan­ ;them any heirs, Mr. President. [Laughter.]
guage itself is absolutely set aside by the Supreme Court in a
Air. McCUAIBER. I say wipe out the tribe. The Senator is
later decision, which was in point and which went right to the mistaken. There are very many heirs of those Indian tribes
soul of that matter, and in which they declared that John ' that are scattered over the United States to-day who are not
\ Butler was not a ward.
members of the tribe and not on the rolls. So, the Senator
- Air. AlcCUMBER. I can not agree that they declared he is entirely in error when he says if the tribe is wiped out there
was not a ward so far as his property rights were concerned. can be no descendants.
They declare that he was subject to the police jurisdiction and «*Alr. OWEN. When the Senator made------laws of the States, and that we do not deny. They have never
Air. AlcCUMBER. The law of tribal relation is one thing;
•attempted to overrule the cases in which they tried to make the law of descent is entirely another thing. A man might or
a clear distinction between the political rights which are a child might be a descendant from some Indian of that tribe
granted and those rights of property over which they say they and have no tribal rights whatever to the property. So, I
have control, and have such control because they regard the deny that proposition of the Senator.
Indian as still the ward of the Government.
„AIr. OWEN. Air. President, the Senator in wiping out
^ .A lr . OWEN. Mr, President—
the------The VICE-PRESIDENT. Does the Senator from North Da­
The VICE-PRESIDENT. Does the Senator from North
kota yield to the Senator from Oklahoma?
Dakota yield to the Senator from Oklahoma?
Air. McCUMBER. Certainly.
Mr. McCUMBER. Certainly; with pleasure.
-x. Air. OWEN. Does the Senator from North Dakota say that
OWEN. I thought the Senator in suggesting the wiping
the United States is trustee of an allotment in the Cherokee out of the so-called Cherokee Indians had supposed them wiped
Nation?
out completely. In his mental supposition, however, he left
Air. AIcCUAIBER. I say that the Government of the United 'enough of them apparently to meet my suggestion.
States is trustee of every allotment containing a restriction.
Air. McCUAIBER. Not as tribesmen, by any means.
*^A lr. OW EN . Whether it is in the contract or not?
,--*AIr. OWEN. But I understand thoroughly what the title of
Air. AIcCUAIBER. It is In the law. The contract is the in­ ’ the Cherokee lands is. They were granted all the right that the
strument under which the grant has been made, and that is the United States had. O f course the United States, as a sovereign
*aw. If the law declares that the property shall not be sub­ power, would be the party to whom the lands would escheat in
ject to sale for twenty-five years, then I maintain that for case the Indian people, who were on the lands and who owned
twenty-five years that property is not subject to taxation by them, should leave the country or go away and have no repreState. If that is not true, then, the very protection that the isentatives. That, of course, is true.
J
Government intended to exercise for the benefit of the Indians v Air. AIcCUAIBER, That was provided even in the treaty, I
absolutely without effect, and the States cau come in and, am informed.
through a process of tax sale, can deprive the Indian of the ,^«*AIr. OWEN, N o ; it was not provided in the treaty; it was
t’ory property which the Government itself declared he could written in the patent.
h°t alienate. In other words, the Senator's position leads him
Air. CURTIS. It was provided in the treaty.
t° this proposition, that while the Government can say to
Air. OW EN. It was written in the patent.
the Indian or to the allottee, if he is a citizen of the United
Mr. CURTIS. It was provided in the treaty also.
States, “ You may hold this land with a restriction against
Mr. OWEN. The agreement which was made in the first
sale for twenty-five years,” the purchaser at a tax sale will place with these people was that they should have this land
h>ke it free from that restriction imposed upon it by the absolutely; but it is the common practice to write in the face
Government. I am not willing to concede that proposition. I 1 of the patent that in case they abandon the land it shall reholleve there is vitality in that restriction, and that citizenship
ert to the Government That, however, does not diminish
^ °e s not affect it or lessen its value in any degree.
the quality of the title at all. What I was calling the Senator’s
attention to was that this people, as a community, owned this
Mr. O W EN . Mr. President-----Tim VICE-PRESIDENT. Does the Senator from North Da- land; they were citizens o f the United States at the time they
yield to the Senator from Oklahoma?
made this agreement; and while they could impose on the title
granted their individual members this condition the United
Mr. McCUMBER. Certainly.
Mr. OW EN. What I have tried to call the attention of the States has no power to do so.
Mr. OWEN. Which had been granted to him.
Mr. McCUMBER. Which had been granted to him by the
Government of the United States.
' Mr. OWEN. Mr. President------Mr. McCUMBER. I will make it perfectly clear and fair to
the Senator. I will read what the court said. The court knew
of this law, the court knew in that decision that thirteen years
prior to the time of the levy of this tax these people had been
declared citizens with all the rights and immunities of citizens
of the United States, and yet in that decision in United States
v. Rickert, the court uses this language:




!A . .I
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2596

CONGRESSIONAL RECORD— SENATE.

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27,

It will be remembered that the court went further than the
mere matter of determining that a tax upon that land was in­
valid. It also broadly held that a tax upon the personal prop­
erty, upon horses and cattle, was invalid. To be sure it stated
and used the language that the property had been given them,
but, as I understand, there was no evidence whatever that this
was the identical property— personal property, I refer to now—
which passed from the Government, but that it related to any
of the personal property that was held by the Indians.
Mr. President, I myself believe that in ali other matters, as
well as educational matters, it is proper at least for Con­
gress to assume that the Indian is still the ward of the Govern­
ment, and to be protected. When the Supreme Court of the
United States decides that we are in error upon this proposi­
tion it will be time enough to reverse our policy.
Mr. LODGE. Mr. President, Benjamin Jowett, the late very
eminent master of Baliol College at Oxford, in England, once
said to a gathering of his students: “ We are none of us in­
fallible; we are all likely to make mistakes, even the youngest
of us.” I am never so impressed with a sense of human falli­
bility as when I am called upon to consider some of these com­
plex and difficult Indian questions about which I feel very
strongly my ignorance.
This is a proposition to strike out a word which if left in
will have a very important effect upon existing laws of the
United 'States. I shall not attempt to say anything on the legal
propositions which have just been so ably discussed by the
Senator from North Dakota [Mr. M c C u m b e b ] , but I am inter­
ested in maintaining what seems to me a correct principle in
United States, the Supreme Court dec;jfred. f ^ ^ n ^ U i o n I legislation.
been discharged from that wardship. That s the Propos
These Five Civilized Tribes, whether their members have be­
want to make clear. I am not saying that the court will mor
come citizens of the United States or not, still exist for certain
verse the wording of this decision whenever it shall pass up
purposes as legal entities. They are referred to in the very bill
s r a,nendment So which the Senator tan referred m M t a
tne araenuiuout
— rwiTs'engrafted on the bill some before us repeatedly later on as the Five Civilized Tribes, and
amendment whic ,
J
j - 0£ the restriction.
' j
United States maintains relations to them in that capacity.

Mr. McCUMBER. What I am trying to impress upon the
Senator is the fact that those Indians did not get such a title
to the land as we get by a Government patent to our own
lands— exclusive control over them. The original grant, which
Weis practically to the tribe without an allotment, is not such a
fee' simple as would go to the individual, and has never been
regarded as such. I f the Indians should as a tribe remove
entirely over into Mexico and abandon that land, I do not think
that they could claim a title or could dispose of it in any
wav and take the proceeds of it. No court has ever decided
that they could; and if they could not, then it follows that
they did not have the fee title in the general sense in whicn
we use that term.
, ,
But I was considering the Rickert case and what the cour
stated. Perhaps the language was not necessary in order to de­
cide that case, but the Supreme Court, in connection with th
law which was before it and which was being tested, did say
that, having acquired the right of absolute citizenship,
an
of its privileges and immunities, the State could no
real property by making it subject to the laws of the State.
The Supreme Court not only denied that proposition,
denied it upon the groimd— whether necessa^ or not tta t
■ these Indians are yet wards of the nation ^ a conditton ^
'
pupilage or dependency, and have not been discharged irom
that condition.”
——Mr OWEN. Mr. President------„ L
„ Ao_
Mr. McCUMBEIt. Notwithstanding the fact that t y
dared and the law declared that they were citizens of the

1■

tw£ yeS 3 r!S J e\ r
jv !s i lent
Whether m ose relations are ]imited
not seems to me to have
v t ^ T p r i S t b ENT
Does the Senator from North Da- no bearing upon the question. The resolution read by the Sena,
-I,1
,0® - ^senator from Oklahoma?
tor from Kansas [Mr. Curtis] appears to me to put it beyond
k0ir yS r m m F R
certain]?.
''\ doubt that the Mention of Congress and the intention of existn w f f v 1 Tran not feel that the Senator ought to ignore a p g laws was to maintain those certain and limited relations
Mr. u p
iu
____
thA same toward those tribes.

AaSt d e S S oiTbe“court1 H* lTm ddi'eiSfly'' * * > ■ »

tv*




«•><*•

I,
n*vnrir*ol made in the j Not very long
'
nu>n<1
mnnf
aremment which „
Henry -r-r a X ~ Solicitor-General, rnnrlA in fhp I Nnt vorv InnO ago on A
Hoyt, the
an amendment was offered, which T tllinfc
I thin
______________
aiL»m- Ffeff case and which was overruled by the Supreme ^was finally adopted, relating to certain lands in New York i
which the Six Nations had an interest. I do not now recall the
Court. He is making the exact argument over again,
t Mr. McCUMBER. I do not think, Mr. President, that the precise purpose of the amendment, but it is not of importance
proposition under which my argument is based has been over- to my argument. The surviving members of the Six Nations
K
H it tad been overruled, there would b« no oc^Mon in New York are all citizens of the United States, and I think
whatever for bringing the case before the Supreme Court w h k * the Senator from New York [Mr. D epew ] will confirm me in
the Senator from Oklahoma says will soon be decided, in e saying that they have been citizens for some generations. But
4
auestion has never been squarely passed upon by the court with in that amendment we do not refer to them as the 4 late Six
reference to the property. I have tried to make it clear that Nations” or the “ late Iroquois.” We refer to them as "th e
the court had decided that political rights were one t o g
m people of the Six Nations,” because it was in that relation the
the Ileff case they passed upon that question— and they hu\e United States was connected with them.
W e have in my own State a remnant of an Indian tribe known
t o l a r S S a t property rights arc of another character; and
as the “ Mashpee.” For many years they have had a township
that has been decided in another way.
of their own; they are citizens of the State; they are citizens
Mr. CURTIS. Mr. President------*
„
.. The VICE-PRESIDENT. Does the Senator from North Da­ of the United States. They are never referred to in our stat­
utes as the “ late Mashpee Indians,” but are referred to as “ the
kota yield to the Senator from Kansas?
Mashpee Indians,” merely for convenience of designation in that
Mr. McCUMBER. Certainly.
Vfr CURTIS I will state that in the case to which I re- case, because the.relation of the State to them in the capacity
ferred this morning, reported in 204 United States Supreme of guardian hag long since ceased.
Court Reports the Rickert case is referred to with approval.
The insertion of this word will have the effect, it seems to me.
^ Mr O W EN .' I call the attention of the Senator from Kan -1 of contradicting our whole course of legislation. Therefore it
I
that the case referred to was a case in which f is of great importance that such a far-reaching change should
■ H
i
l
’ in trust,
the United fStates I
held land * *— - which is not the nnao1 not be lightly made. I f we are prepared to alter the course of
case
iwith the Five Civilized Tribes.
-J legislation which has been adopted after consideration by Com
\ [" CURTIS
The Senator is making a distinction without gress, that is one thing and a proposition to be argued on th®
, difference. The Supreme Court has repeatedly held that broadest ground, but to contradict existing legislation or to
foe Government does have control ol the lands of the Five attempt to overthrow it by the insertion of a word in an aplir° '
priation bill seems to me not consonant with the best practice®
C MriZ McCTMBEK. I want to follow the language o f the of legislation here. It seems to me it would be unwise for th®
Supreme Court further. As I have said I can no nnagme why Senate, after this brief discussion, to make such a fundamental
and far-reaching change in our laws as they now exist as tin
they should use that language unless there was a con c
would import.
that the right of the United States over ^
f
The VICE-PRESIDENT. The question Is on the a m en d in g
Indian had not passed in any degree, because they furth
sa y .
proposed by the Senator from Kansas [Mr. Cubtis] to th
These Indians are yet wards of the nation,.ina ™mhtion t0 franTition°
or dependency, and have not been discharged^ fjom ^that condition. amendment of the Senator from Oklahoma [Mr. Owen*].
o cupying t K ' l S “ .h it a M - r t g S
S f Sw
f
- the
The amendment to the amendment was agreed to.
,
;s ; and t
The VICE-PRESIDENT. The question recurs on the a m e n ,
* *
rnent proposed by the Senator from Oklahoma [Mr. OwE>i
to be maintained as
Indians are to be nmuuameu »» well osprepared for
M«m»n«hln the
To
habits of civilized life, and ultimately the
United amended.
tax these lands is to tax an instrumentality employed by the United
The amendment as amended was agreed to.
*
States for the benefit and control of this dependent race, and to accom
Mr. CLAPP. I ask that the Secretary state that amendm®
plish beneficent objects with respect to a race of which this comt has
said that “ from their very weakness and helplessness, so lar„ iy ue I rather think its adoption necessitates a further amendmentto the course of dealing of the Federal Government, with them and
The VICE-PRESIDENT. The Secretary will state th
the treaties in which it has been promised, there arises the duty of
amendment
protection, and with it, the power.”

£

1908.

CONGRESSIONAL RECORD— SENATE.

susceptible of irrigation may be le a se d for a term not exceeding twenty
years for cultivation under irrigation in the discretion of the Secretary
or tne interior, and he is hereby authorized to perform any and all
acts and to make such rules and regulations as may be necessary for
the purpose of carrying this provision into full force and effect
Mr. TELLER and Mr. SUTHERLAND addressed the Chair.
The VICE-PRESIDENT. The Senator from Colorado.
Mr. TELLER. I yield to the Senator from Utah.
Mr. SUTHERLAND. I move to amend by striking out the
provision as reported by the committee and inserting in lieu
thereof what I send to the desk.
The VICE-PRESIDENT. The Senator from Utah proposes
an amendment to the amendment, which will be stated.
The Secretary. In lieu of the amendment reported in the bill
by the committee it is proposed to insert:

That whenever it shall appear to the satisfaction of the Secretary
of the Interior that the allotted lands of any Indian are susceptible
or irrigation a n d th a t th e allottee Is unable to cultivate the same or any
portion thereof, such lands or such portion thereof may be leased by the
Secretary of the Interior with the consent of the allottee for a period
not exceeding ten years under such rules and regulations as he may
establish.

to spend the income of a sort of baronial proprietorship, which
I do not think tends to build up or elevate the Indians, or
promises well for their future.
The VICE-PRESIDENT. The question is on agreeing to the
amendment proposed by the Senator from Utah to the amend­
ment of the committee.
Mr SUTHERLAND. I desire to modify the amendment by
inserting, after the word “ Indian,” the words “ of the former
Uncompahgre Indian reservations in Utah.”
The VICE-PRESIDENT, The question is on agreeing to the
amendment proposed by the Senator from Utah, as modified
to^the amendment of the committee.
The amendment to the amendment was agreed to.
The amendment as amended was agreed to.
The reading of the bill was concluded.
after' Rne^5 ^ '

1 offer an amendinent to be inserted on page 23,

insert •®ECEETART* ° D Page 23, after line 5, it is proposed to

f
Interior be and‘he is hereby, authorized
Mr. SUTHERLAND. Mr. President, the amendment as pro­ andhdLrt!dSt r S °n
Protestant
fP
,ate^ m
P
to the Board of Missions of the
posed by the committee provides that lands allotted to Indians heretofore sfr ^nort nniiU
rctU °/
United States for certain lands
on the Uintah and Uncompahgre reservations may be leased for lariy described il 7r d
,ifr
for church purposes, and more particu: T southeast quarter of section 36, town1!e
certain purposes for a term not exceeding twenty .years. It will shiD
S t-l
east of Boise meridian, county of Bingham,
be seen that the power conferred upon the Secretary of the In­ ■taiq 9^ Idaho, containing 160 acres, more or less, being part of the
S
„
terior is without any limitation whatever. It is entirely left to That
th+ {
Fort Ha!J Indian Reservation: P rovid ed -,
J?0t *we jP1'1 the Indians of said reservation
his arbitrary discretion, I do not think it is wise policy to au­ shall have
n their consent to the grant through their business comthorize the Secretary of the Interior to lease any and all allot­ proJide
1 S C manner as tlie Secretary of the Interior shall
Uh
ments of Indians with or without any reason. I think when­
ever an Indian is unable to work upon his own land it is all
Mr. HEYBURN. I would call the attention of the Senator
right to permit the land, or so much of it as he is unable to cul­ fiom Minnesota to the fact that I think the amendment should
tivate, to be leased. But I do not believe in any policy which come in after line 13. It applies to the Fort Hall Reservation.
will permit an Indian who is able to work to sit on a fence and
Mr. CLAPP. Very w ell; change it to line 13.
watch a white man work.
The amendment was agreed to.
The very object of alloting land to the Indian is to enable
Mr, CLAPP. I offer an amendment, to be inserted after
him to become self-supporting, to compel him to go to work, and line 22, on page 23.
to put upon him the responsibility of an individual. I think the
The amendment was read and agreed to, as follows:
amendment does not accomplish that result. Heretofore, so far r
unexpended balance of the appropriation for the survey of the
as I am aware, no such provision as this has ever been passed.
Idah°- ^ the act approved June 21, 1906, is hereby
The amendment which I have suggested goes further than exist­ made available for the fiscal year ending June 30, 1909.
Mr, CLAPP. I offer an amendment, to be inserted after
ing law. Under existing law the Secretary of the Interior can not
lease except in cases where the Indian by reason of age or in­ line 6, on page 30.
The amendment was read and agreed to, as follows:
capacity can not work. This broadens that provision, and au­
Hie Secretary of the Interior is hereby authorized to pay to the
thorizes the Secretary to lease the land whenever the Indian
executive committee of the White Earth band of Chippewa Indians,
for any reason is unable to work.
in Minnesota, the sum of $1,000, or so much thereof as may be neces­
^ Mr. HEYBURN. Mr. President, I hope the Senator from sary, to be expended in the annual celebration of said band to be held
Utah will modify the amendment so as 'to exclude the reserva­ June 14, 1907, out of the funds belonging to said band.
tions in Idaho. I have seen some instances of Indian landlord­
Mr. CLAPP. I offer the amendment I send to the desk, to
ism and white men working for them, and I do not want any of be inserted after line 14, on page 51.
that in our country. I do not think the amendment should be
The S ecretary. On page 51, after line 14, it is proposed to
adopted either as it is reported by the committee or as proposed insert:
to be amended. I do not think any amendment should be adopted
That there be, and hereby is, appropriated, out of any money in
authorizing the Indians or any one for the Indians to lease the Treasury not otherwise appropriated, the sum of $300,000, for
the fulfillment of certain treaty obligations to the Mexican Kickapoo
their homes for a period of either ten or twenty years or any mdians for differences arising out of the stipulations of article 4
other number of years.
of the treaty of June 28, 1862, and for all other differences growing
As has been stated, the purpose of the allotment of lands in out of any and all treaties and agreements heretofore made between
said Indians and the United States. Said sum of .$215,000 shall b«
severalty was to make them homes to live on, so that the In­ paid by the Secretary of the Treasury as authorized and directed by
dians might become the heads of families with permanent resi­ a majority of the members of said Mexican Kickapoo tribe in council
dences; that they would have the incentive to build their build­ assembled. Such council shall be composed of a majority of those
male
heretofore allotted
ings and fences, put out orchards, and improve their land. Now, surviving members of said tribe, above and female,and the proceedings
in Oklahoma. The authorization
mentioned
u they can lease the land to a nonresident, who will perhaps of said council shall be attested by a clerk of the United States dis­
raise a crop on the land and never see it, while the Indian lives trict court of the Territory of Arizona. Said sum shall be immedi­
ately available, and the indorsement of the warrant issued in payment
on his income around the suburbs of our cities or where he thereof shall be deemed and shall be a receipt in full for ail claims
may------of every kind whatsoever of the said Mexican Kickapoo Indians against
the United States, and such authorization to the Secretary of the
Mr. SUTHERLAND. Mr. President-----Treasury by said Indians as herein provided shall be considered to be
The VICE-PRESIDENT. Does the Senator from Idaho yield and shall be an acceptance of said sum in final settlement of all claims
to the Senator from Utah?
of every kind whatsoever of the said M
exican Kickapoo Indians against
the United States.
Mr. HEYBURN. Certainly.
Mr. GALLINGER. Mr. President, r should like the Senator
Mr. SUTHERLAND. I do not desire to have the amendment
somewhat. Has it been recom­
apply to the Senator’s State if he does not care to have it. I to explain the amendment
am perfectly willing to modify the amendment so that it shall mended by the Department?
Mr. CLAPP. No, sir. I was going to state to the Senate
apply only to the Uintah and Uncompahgre reservations in
that the Department is opposed to this measure. The Depart­
tltah.
Mr. HEYBURN. I would not presume to interfere by sug­ ment was opposed to it last session. Last session, if I re­
gestion or otherwise with any legislation that is confined tath e member correctly, we put it on the bill in the form of an amend­
State of any Senator, but where legislation is proposed of a ment.
Mr. TELLER. Yes.
general character then I must necessarily look at the whole
Mr. CLAPP. And it was lost in conference. A statement
Question.
I was about to sa.v that last season I saw instances where concerning this matter would necessarily be a very long one
Parties outside of the State in which the reservation was and would go into the history of the tribe. They have a very
located leased large tracts of Indian lands, and sent people in large claim, as they allege. The committee has gone over it
there who lived in covered wagons and tents to raise a crop of very carefully, and notwithstanding the attitude of the Depart­
heels. They took the crop of beets away, and tbe Indians have ment, the committee by a majority voted in favor of recom­
been living on their bank account ever since, and they do not mending the payment of $215,000 in final settlement of this
team to raise beets or anything else. They have just learned claim.




i



CONGRESSIONAL RECORD-SENATE.

2656

These Indians are known as the Kickapoos, and they a ^
been trying for some time, at least a large number of ttem* to
apt into Mexico
Arrangements have been partially made on
o ft w k e whereby they could have secured a large tract of land
in Mexico had the Government not withheld what it ovred them.
T am sneaking now, not o f the $215,000, but money which was
actually in the Treasury and which we have heretofore loted

February 29,

Mr. FULTON. On page 57, at the end of line 15, I move to
insert the words:

Including Alaskan Indians.
Mr. KEAN. Those words have been put in,
Mr CLAPP. That has already been done.
Mr. FULTON. I f it has been I am very glad to know it. 5
asked the Senator from Minnesota a while ago.
Mr. CLAPP. I thought at the time the Senator asked me m
reference to another matter.
Mr. FULTON. Of course I accept his statement now.
Mr. STONE. I propose the amendment I send to the desk.
The S ecr e t a r y . On page 53, after line 13, it is proposed to
insert:

t0 They were further embarrassed by the fact that notwitlistanding a plain and direct authorization by Congress to seven
teen o f them, I think, to dispose of their allotments m Okla­
homa, the permission was withheld, and it was brought ab
to the attention o f Congress.
.
upThe Senator from Colorado [Mr. Teller] has give
.
That contracts by and between persons stricken by the Secretary of
tails o f this matter more study than has the chatanao: o « t h e the Interior from the final rolls of the Five Civilized Tribes and aitoineys employed by them to secure their restoration to the rolls be, ana
committee. It is one of .those cases where perhaps, w
the same hereby are, when approved by the Secretary of the Interior,
being able to point out specifically the various steps upon ^
declared valid and enforceable in the event of the restoration
11,.
persons to the rolls as against allotted lands or tribal funds of tile peithe claim is founded, I for one have no ^ t a t t o n m
sons so restored to the rolls.
here and saying that I believe we should
much
Mr. KEAN. Let me hear the amendment read again.
sum of money. My own view would be that
them now
The VICE-PRESIDENT. The amendment will again be read
more than this, hut I believe that this gra atri to
while their negotiations are pending for la“ d ^ Mcongenial to at the request of the Senator from New Jersey.
The Secretary again read the amendment.
they want, surrounded by conditions much
tllf m to be
Mr. KEAN. I should think this a very dangeroiis amend­
them than the conditions o f Oklahoma, wiUl
at e
be gelf.
placed in a position where they w ‘ll in J ' y o f tl iem have ment, and I raise the point of order against it. It is general
. .
...
sustaining. They prefer this. A .
they would not legislation.
renmin^in^the" U ^ i t e d ^ a t e ^ ^ ^
S t e ”

we ought to

make this settlement with this tribes o f I n d i a •

t

concerned,

r z

r

th r l e L t e d T h r K r from Minnesota says tt was de-

Mr- ^ S . h f ] , J L x S S t o f this favorably heretofore. This
S Z S w
m e I d ^
want to discuss It. It would take
iLLIN G E R . I f this amendment should become law, it
would be a final adjustment with these Indians?
£

"S L S S S S

relinquish all claims

provides that they shall

asauist the G ° ™ ™ ^ ^

Senator from

2 2 5 . 1£l ‘ sa]
a ? f l a w ” r. having examined the ease during the last tour

K

° rMr.eG llx i N G E R .

They would have rights in court it this

was d M M

m ihctn ?

, i „ f of It e

orB
<ieatth h

tt!n|? rlght now.

It is a ques-

shall be eouteut if we can have a vote

0nTbbe V IC & P R e I i d ENT. The question is on agreeing to the
e
amendment proposed by the Senator from Minnesota.

T oV efth e amendment I send.to the desk
The Sec^Aav. On page 11, after line 2, it is proposed to
T o ? the erection ot * « « * £ » ^ S & t r f ' S e ' o S t r i ‘ ‘ a S T
t
J^r-lnkrt1
^Q?Kte™astec-«eneral ot the Army and known ns
tie “ old corral,'* $100,000.
M

r T S t o f 'W T o m h ^ 'l move the adoption of the amend-

meut I send to the Clerk's desk.
The S ecretary . On page 70, after li ie IS,

nronosed to
P

ins6rt *
.

That the Secretary of the Interior is
ffi^and^coverin^the
the Bureau of Catholic Indian Missions a P»tenf f *
» cres now
following described lands, amounting approximat > * Bureau of
and for many years reserved and occupied by the saw Bureau tu
Catholic Indian Missions as an Indiani school, to wit. aii _or me
south half of section 9 lyiDg north of the Big
, \ \ w[,st 0f
part of the west half of the southwest quarter of section 10 wesr
the Big Popoagie River, and that part of section 16 nojthortneDm
Popoagie River; all in township 1 south range i e M o t t t o W a a
River meridian, on the W River Reservation, m Wyoming. P r o v t a e a ,
ind
That the said patent shall not issue until the Indians of the s,ua
reservation have given their consent to the grant through their Busi­
ness committee or council in such manner as the Secretary oi me in
terior shall provide.
The amendment was agreed to.

The VICE-PRESIDENT. The Chair is of the opinion that
the amendment does propose general legislation and is, there­
fore, subject to the point of order.
.
Mr. STONE. The Chair holds it to be subject to the point or
order?
x.
, . .
The VICE-PRESIDENT. The Chair sustains the point or
order.
Mr. STONE. I suppose it is subject to the point of order.
I wish to say, however, that it is an amendment which the
chairman of the committee and others who are familiar wit i
the facts thought ought to be incorporated in the bill. I think
the Senator from New Jersey has not looked into it and makes
his objection probably without a knowledge of the facts, i
hope he will withdraw the point of order.
Mr. CLAPP. Mr. President------The VICE-PRESIDENT. Does the Senator from Missouri
yield to the Senator from Minnesota?
Mr. STONE. I do.
, x .
,
Mr. CLAPP. The amendment is subject to the point of order,
no doubt, but the facts are that contracts have been made, and
I understand several people have been placed on the roll as the
result of the litigation and the work of counsel. But the Secre­
tary has no authority at present to approve and make those con­
tracts valid. This leaves it entirely with the Secretary of the
Interior. It gives no life or force to the contracts until he does
approve them. But it does give him authority, where he feels
that they have been justly earned, to validate them by his ap­
proval. ‘While it is subject to the point of order, I think it is a
proper amendment.
Mr. STONE. I will say further to the Senator from New Jer­
sey that about the close of Mr. Hitchcock’s term as Secretary
of the Interior a number of Indians were stricken from the
roll— it was thought arbitrarily and without good reason. Suits
were brought for a number of them in the courts here in the
District, and the judgments were in favor of the Indians.
Mr. KEAN. I can not help but yield to the persuasive words
of the Senator from Missouri, and also of my friend from
Minnesota. I will withdraw the point of order. I think it is
bad legislation, nevertheless.
The VICE-PRESIDENT. The kSenator from New Jersey
withdraws the point of order. The question is on agreeing to
the amendment proposed by the Senator from Missouri.
The amendment was agreed to.
/M r . OWEN. On page 54, after line 13, I move to insert the
tvords:

\

P ro v id ed ,

That the work shall be completed by M 1, 1909.
ay

NThe VICE-PRESIDENT. The committee amendment at that
point in the bill has been stricken out.
/ " M r . OWEN. After the word “ Interior,” on page 54, line b, j
rj move to insert those words. I was out of the Chamber a j /
\the time the amendment was acted upon.
J
Mr. CLAPP. I see no objection whatever to the amendment.
The VICE-PRESIDENT. W ill the Senator from Oklahoma
kindly restate his amendment?
JJ
/"• Mr. OWEN. On page 54, line 6, after the words “ Secretary J
(of the Interior,” insert the words “ said work to be completes
toy May 1, 1906.”
-f

>

1908.

CONGRESSIONAL RECORD— SENATE.

.
•
CLAPP. Wlllle the Department has not been consulted
on that question, still, as it goes beyond the full term of an­
other session, in which we can further extend the time if we
amendment0111*617 necessary’ 1 see 110 objection myself to the
'^,r‘ CURTIS. Mr, President, the record will show that Con­
gress has repeatedly tried to enact legislation to compel the
Commission to the Five Civilized Tribes to complete their work,
and I have been heartily in favor of such legislation. We pro. ided m the appropriation act of 1904 that the work should be
S I ? 1 ? * by
?
1 would support the Senator’samendI meiit if he would fix the date July 1, 1909, because we appro­
xim ate money for the full year,
(M r. OWEN. I agree to that. '
VICE-PRESIDENT. The Senator from Oklahoma can
modify his amendment
(Mr. OWEN. I make that modification.}
modified^1CE-PRESIDENT. The amendment will be stated as

le d St o S f l ^ am n H ,,x ia r s V1 i f a t t o r n e y s , a n d P r in c ip a l C h ie f P o r t e r , I a m
h
h en ce th a t
°nD ^ ? a t
r e c o r d s c a n b e lo c a t e d , a n d t h e o n ly e v b
f r o m v i n'm fcf^ .n rH p 0^ K
Ced ils- n o w P r e s e iit e d in t h e s h a p e o f a f f id a v it s
O b ta in e d from
™ iW \ ° * a n L t o h a T e s o m e k n o w le d g e o f t h e f a c t s
c
r n r t J i T j J i 1)00118 be.f o r e tb 6 y w e r e m is la id o r d e s t r o y e d .

is
m a k in g a n a p p r o im ia t io a o f S 7
p a r tm e n t f o / s u h S o n to f i

. ^bat tbe Secretary of the Treasury and the Secretary of the In.monr£
a?lhorL “ d
zod
to, immediately

rrr

l* r e ? id e n t

N™
ber 4, 1 9 0 5 ,
WUS f o r w a r d e d t 0 t d e D e ‘

t h ? D e ^ t m e n t V n S t f e e l w w , b? i n g 82 le1^ s u p p o r t e d b y a ffid a v its ,
r e c o m m e n d in g ” t h e a p p r o v a l1 o f
^
c h « a c t « o f e v id e n c e in

St

^

( 3 4 S t a t tI e
h

s s a

The Secretary. On page 54, line 6, after the words “ Secretary of the Interior,” insert the words “ Said work to be com­
pleted before July 1, 1909.”
The amendment was agreed to.
Z11,
I desire to offer an amendment. I submim. 1 5 , , bls lnoniing. It is simply for printing some rolls.
t
ril16 V (’ CORESIDENT. The amendment wall be stated.
I he Secretary. On page 54, after the amendment just
agreed to, in line 13, insert as a separate paragraph the fol­
lowing ;

2657

t h . a c t °.f C o n g r e s s , a p p r o v e d A p r il 2 6

s s i » » £ “ « » » .*>

t',“V h t n * ' v ui' mi,i' <sJ
to p a y S

v

B r o w n r|7 ° 3 f i 8

7j

m

0A IfnrteriC r

t w

x

u

1906

! ;

,nr“isbe,i>1 McommM,d
bV

n d b e Is h e r e b y , a u t h o r is e d

D e( a m e n a e a s o a s t o r e a d :

7

i f after t i n v p « H ^ t a r ' , o fv, t ?le I n t e r io r b e, a n d h e i s h e r e b y , a u t h o r iz e d
V
S a m u e l W B r o w n s 7 a RRciS* f G SUch a (jt io a t o b e j u s t if ie d , to p a y t o
‘S
S t a l « t o t t e S S f S f a f cJ S ek N ttto n !8
*
T
»' « *
Ia w f a m e n d e d a s e u S g e s t e d , I r e c o m m e n d t h a t t h e d r a f t b e e n a c t e d i n t o
R e s p e c t f u lly ,

S o w

F

in g

rank

P itree,
A c ti n g S e c r e t a r y .

tte am“ dmeilt jUSt agrecd t0 1 move *°

t h e n0 r V e h ia f io r >V 1
n
t Li ^ bi l 1’ t n m s m U t o t t a T u b T h / P r in t e r '‘‘d t h w
every r o i lof
nh^e
n n d c o r r e c t c o p y o f t h e o r ig in a l o f e a c h a n d
a n d T n stn d f
n o V i!l t h e p o s s e s s io n

,

E o y e r n o r , in a c c o r d a n c e w i t h t h e a c t o f t h e C h ic k a s a w l e g i s l a t u r e /

^
x print 125 copies of same, 25 copies~to*be for tlie
*
* he PePurtment, 50 copies for the use of the Senate and 50
«10 000f° ortlR
o
hf ,V ,L
ie 0use of Representatives, and the sum of
ririt’fiii
!!$ much thereof ns may be necessary, is hereby anproou}
an^ mone. s now in the Treasury of the United States
v
ot otherwise appropriated, to pay the expense of printing said rolls.

item has not been reported on by the Department.
, A? ‘. ;Miiy 1 ask the Senator from Oklahoma from
what fund it is to be paid?
'9 W ^ N‘

is b0 ,)e Paid from the Chickasaw fund for

L t or t h S S t a t u r e 6 cblckasaw Nation in P'Kuance ot an

"-P amendment does not so provide,
i16
/ Mr OWEN. Mr. President, I feel obliged to make a point"5 : '! rJ[rIt comes as a matter of course. '
t£f order against the amendment.
J
Unless 14 is so provided, I must make the point
the VICE-PRESIDENT. What is the point of order?
of order on the amendment.
Mr. CURTIS, it is undoubtedly general legislation and
} . wiii modify the amendment to that effect)
changes existing law.
a h . KEAN.
I f the payment is to be made from the Treasurv.
The VICE-PRESIDENT. The Chair is of the opinion that the it is subject to a point of order.
proposed amendment is contrary to the rule, and the Chair sus­
(M r. OWEN. I will amend it so as to provide that the pay-)
tains the point of order against it.
ments shall be made from the Chickasaw fund
■
Mr. OWEN. On page 53, after line 1 3 ,1 move to insert:
The VICE-PRESIDENT. The Senator can modify his amend­
^ That the Secretary of the Interior be, and is hereby, authorized if ment

nfter Investigation he believes such action justified, to pav .Sam
uel
slJrown $7,388.94 from any fund in the Treasury of the United States to mod[fie<T^^T
*
Ithe credit of the Creek Nation.
e creek
uiuuinea.

C€rtainly ’ ar|d y Pave no objection to it as

[ I have a report from the Interior Department, recommending ( . M. ;,0 W E N * 1 add the words, “ to be paid from the Chickasaw )
ort
r
this legislation , which I send to the desk.
—
VTr,
■Mr. KEAN
As I understand the « —
amendment, * V p v i i u v o that
it provides LUCA I
1 , v IUE-PRLSIDENT. The question is on agreeing to the
------------------------m il
6
FO
+nr* r o m Oklahoma as modified
l r l
-i -r>
amendment proposed by the Senator ffrom H
the payment shall be made A n f of fl»r» fm w i ^ fivrv rtn ^ n ir Nation fl.ID 0(11116111 D DOS^d hv tl)P Sorm
out
the fund of the Creek
The amendment as modified was agreed to.
The VICE-PRESIDENT. That is the fact The question is
on agreeing to the amendment
Mr. OWEN. On page 52, line 3, I move to strike out the"}
The amendment was agreed to.
words ‘ reimbursable, to be charged to each lease at the time J
/
Tile ) ICE-PRESIDENT. What disposition does the Senator l of its approval, not to exceed $2.”
from Oklahoma desire to have made of the communication from
fhe \ ICE-PRESIDENT. The Chair wmuld suggest that the
Ule Interior Department?
amendment of the committee has already been agreed to, and
it would be necessary to reconsider the vote by w
’bich it was
f Mr. OWEN. I wish to have it sent to the Committee on In
at
adopted.
(dmn Affairs.
Mr. OWEN. I move a reconsideration of the vote. I was
The VICE-PRESIDENT. It will be so referred.
ffit of the Chamber w
’hen it came up.
Mr. CURTIS. In view’ of the fact that the amendment has
Mr. CLAPP. Mr. President------ been agreed to, I suggest that the report be printed in the
Record.
The VICE-PRESIDENT. Does the Senator from Oklahoma
/M r . OWEN. I agree to that.
N yield to the Senator from Minnesota?
Mr. OWEN. With pleasure. )
/ There being no objection, the communication was ordered to
Mr. CLAPP. The committee considered that matter. This
»e printed in the Record, as follows:
is work that is done for the particular individuals, and the
D epartment of the I nterior,
IVW
uiir/ton, F e b r u a r y t G , J 9 0 S
committee felt that it was no more than proper that if it should
«on. Moses E. Ceapp,
be done by the Department, instead of their hiring some one
C h a irm a n o f C o m m it t e e on In d ia n A ffa ir s, U n ite d S t a te s S e n a te .
Sir : I have received, bv your informal reference, draft of an item of else to do it, they should pay for it. That is the explanation
legislation regarding a claim of Samuel W Brown against the Creek the committee has to offer for the use of the words. Personally
.
Nation of Indians, and make the following report thereon.
I should be in favor of its being reimbursable.
, Samuel W. Brown was treasurer of the Creek Nation during the years
The VICE-PRESIDENT. The Senator from Oklahoma moves
!'8S4. 1885, 1880, and 1887. and it Is represented that during this
fx-riod he collected $14,499.12 and paid out $29,302.40, leaving a bal- to reconsider the vote by which the amendment was agreed to
® ce due him of $14,803.28. The claim was investigated by a repreD
Mr CLAPP
It is proper to say that the Senator from
K
entative of the Department, who reported as follows:
" It was presumed thnt when this claim was presented we might be Oklahoma, at the time of the action of the committee, reserved

;

a"!e to find some trace of the records of the nation during the time M the right to oppose the amendment in the Senate.
r.
Brown was acting us treasurer, but after several conferences with
The motion to reconsider was not agreed to.




*




2858

CONGRESSIONAL RECORD— SENATE.

Febeuaby 28,

rights of honorably discharged Union soldiers and sailors of the late
civil and the Spanish wars, as defined and prescribed in sections 2304
and 2305 of the Revised Statutes, as amended by the act of M
arch 1.
1901 shall not be abridged: P r o v i d e d f u r t h e r , That the price of said
lands shall be the appraised value thereof, as fixed by the said Commis­
sion, but settlers under the homestead law who shall reside upon and
cultivate the land entered in good faith for the period required by exist­
ing law shall pay one-third of the appraised value in cash at the time
of entry, and the remainder in five equal annual installments, to be paid
one, two, three, Tour, and five years, respectively, from and after the
date of entry, and shall be entitled to a patent for the lands so entered
upon the payment to the local land officers of Baid five annual pay­
ments, and in addition thereto the same fees and commissions at the
time of commutation or final entry as now provided by law where the
price of the land is $1.25 per acre, and no other and further charge
of any kind whatsoever shall be required of such settler to entitle him
to a patent for the land covered by his entry: P r o v i d e d , That if any
entryman fails to make such payments, or any of them, within the time
stated, all rights in and to the land covered by his or her entry shall at
once cease, and any payments theretofore made shall be forfeited, and
the entry shall be forfeited and canceled: A n d p r o v i d e d , That nothing
in this act shall prevent homestead settlers from commuting their en­
tries under section 2301, Revised Statutes, by paying for the land en­
tered the price fixed by said Commission, receiving credit for payments
previously made : P r o v i d e d , h o w e v e r , That the entryman or owner of
any land irrigable by any system hereunder constructed under the pro­
visions of section 14 of this act shall in addition to the payment re­
quired by section 9 of said act be required to pay for a water right the
proportionate cost of the construction of said system in not more than
fifteen annual Installments, as fixed by the Secretary of the Interior,
the same to be paid at the local land office, and the register and re­
ceiver shall be allowed the usual commissions on all moneys paid.
“ The entryman of lands to be irrigated by said system shall in addi­
compliance with the
reclaim at least one-half
That the following subdivisions now embraced in the^ 8 l2^ township tion to total irrigable area ofhomestead lawsagricultural purposes, and
of the
his entry for
Indian Reservation in Idaho— to wit,’
’ 35 and 36, township
before receiving patent for the lands covered by his entry shall pay the
46 north, range 4 west, Boise meridian, sect
portioas of secagainst such tract.
water
47 north, range 4 west, Boise meridian, a
hip 4 $ north, range 3 charges apportioned for a tract exceeding No right to the use ofperson,
shall be disposed of
160 acres to any one
tions 2, 3, 4, 5, 6, 7 8 , 9, 10 and 11,
JoeRiver in said and the Secretary of the Interior may limit the areas to be entered at
west, Boise meridian, lying south andwes
an(j 3 2 , township 47
township ; all of those portions of s e c t t o M a n d w e s t of the S t not less than 60 nor more than 160 acres each. due shall render the
“A failure to make any two payments when
north. range 3 west, Boise meridian, > ana*withdrawn from allotment entry and water-right application subject to cancellation, with the
Joe River in said township— are r e s e t a public park or pleasur- forfeiture of all rights under this act, as well as of any moneys paid
and settlement and dedieated anci
■ P q^
^ people; and all per- thereon. The funds arising hereunder shall be paid Into the 1reasury
ing ground for the benefit and
part of the land thus set of the United States and be added to the proceeds derived from the
fpartSV^pm fnc°part except as provided in the following section, shall sale of the lands. No right to the use of water for lands in private
ownership shall be sold to any landowner unless he be an actual bona
^That^sueh p^ h * S ^ k ashalf™eT
r
^
^der^th^^xclusive
0 pr^
fide resident on such land or occupant thereof residing in the neigh­
borhood of such land, and no such right shall permanently attach
a„t,V«->Tv of the Interior, whose duty it shall De, as soon as piac
ticable to make and publish such regulations as he may deemneces- until all payments therefor are made.
. . .
fur the care and management of the same. Such regu“All applicants for water rights under the systems constructed
S a T shal! provide for the preservation from injury or spoliation of In pursuance of this act shall be required to pay such annual charges
!»n
Uffmber rninera deposits, natural curiosities or wonders within the for operation and maintenance as shall be died by the Secretary of the
nark and the* retention in their natural condition. The Secretary Interior, and the failure to pay such charges when due shall render
m&v’ in his discretion, grant leases for building purposes, for terms the water-right application and the entry subject to cancellation,
not eiceedine ten years, of small parcels of ground at such places m with the forfeiture of all rights under this act as well as of any
?he oa^k as may require the erection of buildings fortheaccom m oda- moneys already paid thereon.
_ ..
HonP visitors ; all of the proceeds of such leases and all other reve­
of
“ The Secretary of the Interior is hereby authorized to fix the time
nues thlt may be derived from any source connected with the park for the beginning of such payments and to provide such rules ana
to he expended under his direction in the management of the same regulations in regard thereto as he may deem proper. Upon the can­
and thfconstrucSon of roads and bridle paths therein. He shall pro- cellation of any entry or water-right application, as herein provided,
a?a * inJt fhn wiin ton destruction of the fish and game found within such lands or water rights may be disposed of under the terms of this
J u t Dark and i r m s t their capture and destruction for the purposes
act and at such price and on such conditions as the Secretary of the
of merchandise or profit He shall also cause all persons trespassing Interior may determine, but not less than the cost originally fixed.
L n h r n to be removed therefrom, and generally is authorized
“ The land irrigable under the systems herein provided, which is
to take^ III such measures as may be necessary or proper to fully carry owned by or has been allotted to Indians in severalty, shall be deemed
to have a right to so much water as may be required to irrigate such
out the objects and P ^ X t f d o u t ^ any money in the Treasury
lands without cost to the Indians so long as the title, legal or equi­
^ otherwise appropnaicu, !:
$8,585, oeur deposited in the
not "Z rw i^ ^ n n ron ria te^ ^ the ,ram, of £ the c to be d’Alene and non- table, remains in said Indians; but any such lands leased for a longer
Treaaury as part of the.fun d b
<
beEefit, to be distributed term than three years shall bear their pro rata share of the cost or
federated tribes of^Indm ,
fun(js of said Indians, and no rules the operation and maintenance of the system under which It lies, ana
when the Indian title is extinguished such lands shall also bear their
and r%ul\D
tfoeL Psh Ilf ever make discrimination between said Indians pro rata cost of operation and maintenance, in accordance with the
H a other persons'as to the right to enter upon and enjoy the national
laws of Montana.
. . .
.
. , ...
“ W the payments required by this act have been made for the
hen
major part of the lands irrigable under any system, and subject to
charges for construction thereof, the management and operation of such
irrigation works shall pass to the owners of the lands irrigated thereby,
to be maintained at their expense under such form of organization and
of such permits and all other revenue that may be derived from any under such rules and regulations as may be acceptable to the Secretarv
source connected with the park to be expended under his direction in of tho Interior, subject to the provisions hereof for the furnishing or
the management, protection, and improvement of the same.
water rights for the irrigation of Indian lands without cost except lor
aa.uoa and maintenance,
, ,
.
The VICE-PRESIDENT. The question is on agreeing to the operation ana maintenance.
‘ right to the use of water acquired under the provisions of tbi*
A
amendment proposed by the Senator from Idaho.
act shall be appurtenant to the lands irrigated, and beneficial use shall
be the basis, the measure, and the limit of the right.
The amendment was agreed to.
“ The Secretary of the Interior is hereby authorized to perform any
Mr D IXO N
I propose an amendment. I wish to state in
and all acts and to make such rules and regulations as may b« neces­
explanation of'the amendment that it is a hill which passed the sary and proper for the purpose of carrying the provisions of this act
.
_ . ..
Senate two months ago, but, owing to the congested condition at into full force and effect.
That
the other end of the Capitol, they have not been able to get read as section 14 of said act be, and the same is hereby, amended to
follows:
notion cm it there It was unanimously reported from the com­
“ Sec. 14. That the proceeds received from the sale of sa id lands W
mittee
recommended by the Department, and there is no conformity with this act shall be paid into the Treasury of the Lnitea
States, and after deducting the expenses of the Commission, of classifica­
possible objection to it that I know of.
tion and sale of lands, and such other incidental expenses as shall have
been necessarily incurred, and eipenses of the survey of the land, shan
Mr KEAN. What is the amendment.
Mr. D IXO N . It is to amend the old Flathead Reservation be expended or paid, as follows: S o much thereof as the Secretary of the
Interior may deem advisable in the construction of irrigation ayateins.
act, opening the Flathead Reservation to settlement, which was for the Irrigation of the irrigable lands embraced within the limits or
said reservation ; one half of the money remaining after the construc­
passed four years ago.
,
tion of said irrigation systems to he expended by the Secretary of the
The VICE-PRESIDENT. The amendment will De staieu.
Interior as he may deem advisable for the benefit of said Indians in tne
The S e c r e t a r y . On page 36, after line 12, insert:
purchase of live stock, farming implements, or the necessary article*
That section 9, chapter 1495, Statutes of
United States ot to aid said Indians in farming and stock raising and in the education
America, entitled “ An act for the survey and jdlotment of lancis now and civilization of said Indians, and the remaining half of said inonev
embraced within the limits of the Blathead Indian Reservation, in ^ to be paid to said Indians and persons holding tribal rights on sal
’
*
Btate of Montana, and the sale and disposal of all surplus lands alter reservation, semiannually as the same shall become available, share am
share alike.”
allotment,” be, and the same is hereby, amended to read as f0“ 0'™9 ■ .

■ ;^r O W EN
I make a point of order against those words,
' because it is general legislation, and because it proposes on its;
face to establish a system of charges against the citizens ot
that country which is not authorized by existing law.
‘ -f
The VICE-PRESIDENT. The Chair would suggest that the
amendment is not now subject to the point of order The point
of order may be interposed after the bill reaches the Senate, and
in order to do that the amendment may be reserved when the
bill is reported to the Senate.
;
/
Mr OWEN. I reserve the point of order, then, upon tna
f amendment and upon the words “ reimbursable, in each case to,
v be charged to the land involved,” on page 52, line 8.
The VICE-PRESIDENT. It will be necessary to mate rue
reservation when the bill comes into the Senate.
_
„
Mr HEYBURN. The Senate recently passed a bill creaiii,,
a national park out of a part of the Coeur d'Alene India
Reservation, and the bill as passed did not include the ap!
priation to pay for the land at a dollar and a T^art
acre. The Department has estimated the land, and * °
.
an amendment, on page 22, after line 19, m th P
f
affecting the Coeur d’Alene Indians, the bill for the JpeIndians
the park and the appropriation for the p a ym e n to fth
■
The VICE-PRESIDENT. The amendment will be staieu.
The S e c r e t a r y . On page 22, after line 19, insert.

“ Sec. 9. That said lands shall be opened to settlement and entry by
proclamation of the President, which proclamation shall prescribe tne
time when and the manner in which these lands may be settled upon,
occupied, and entered by persons entitled to make entry thereof, and no
person shall be permitted to settle upon, occupy, or enter any of said
lands, except as prescribed in such proclamation: P r o v i d e d , That the

The amendment was agreed to.
f
Mr. OWEN. I move to insert on page 52, after line 14, * T °
pay Dr. G. W . Harkins the sum of $634.15 for professional serf-

ices in the suppression

of smallnox ”

*

3,

ite

:04

l,
lid

lis-

nd
istme
lid
the
red
aythe
the

rge

lim
my

im e

at
md
ing
enennts
of
>rorethe
Ian
ior,
re-

idilalf
and
the
iter
son,
I at

the
the
laid
;ury
the
rate
ona
igh:aeh

cted
rges
the
ider
ion,
any

time
and
eanded,
this
the

h is

med
such
:quingcr
t of
and
heir
the

the
t to
such
■eby,
and
tarf
g of
; for
th is

shall

any
ecesi act

d to

Is i«
lited
Ificahnve
gbail
f the
ems.
is of

true-

f the

i the
icle*

ition

ontj
said
and

* To
serf'

t

1908.

CONGRESSIONAL RECORD— SENATE.

Mr. KEAN. Out of some fund?
[ Mr. OWEN, It will come out of the funds of the United
ites
States,
The VICE-PRESIDENT, The Secretary will read the
amendment
Mr. GALLINGER. It is not necessary to read the amend­
ment if it is to be paid out of the funds of the United States,
as the Senator says it is. A private claim is not allowable on
an appropriation bill. I make a point of order against the
amendment
✓ "M r. OWEN. I think the point of order is well taken, Mr.]
V President.
v The VICE-PRESIDENT, The Chair sustains the point of
order.
The hill was reported to the Senate as amended.
The VICE-PRESIDENT. The question is on concurring in
the amendments made as in Committee of the Whole. The
Chair understands that the Senator from Oklahoma desires to
reserve two amendments,
Mr. OWEN. I wish to reserve the amendment made as in
Committee of the Whole inserting on page 52, line 3, after the
wrnrd “ dollars,” the words “ reimbursable, to he charged to
each lease at the time of its approval, not to exceed $2,” and
also on page 52, line 8, inserting the words “ reimbursable, i:
each case to be charged to the land involved.”
The VICE-PRESIDENT. Those amendments will be re­
served. The question is on concurring in the amendments made
as in Committee of the Whole aside from those reserved by the
Senator from Oklahoma.
The amendments were concurred in,
Mr. OWEN. I now make a point of order against the re^i
‘
^e rved amendments.

,

2659

BRANCH LIBRARY IN THE DISTRICT OF COLUMBIA.

Mr. GALLINGER. I ask unanimous consent for the present
consideration of the bill (S. 1476) to authorize the Commission­
ers of the District of Columbia to accept donations of money
and land for the establishment of a branch library in the District
of Columbia, to establish a commission to supervise the erec­
tion of a branch library building in said District, and to provide
for the suitable maintenance of said branch.
The Secretary read the bill, and there being no objection, the
Senate, as in Committee of the Whole, proceeded to its consid­
eration.
Mr. HEYBURN. Mr. President, I have heretofore objected
to the consideration of this bill for the reason that the offer on
the part of Mr. Carnegie to contribute 830,000 toward the con­
struction of this library is accompanied by a condition that at
least $3,000 per year for an indefinite period shall be provided
as a maintenance fund.
I desire that it shall be understood that if the Government
is going to match pennies with Mr. Carnegie it must be pre­
pared to make good. I am on principle opposed to the Govern­
ment of the United States accepting gifts of this kind. I be­
lieve that if we need a library it should be built and the ap­
propriation should be made out of the General Treasury, and
I stand ready to vote for that; but I am opposed to accepting
a contribution from anyone on condition that the Government
shall forever maintain it at an expense of not less than $3,000
a year.
We are going to accept a burden here of $3,000 a year. Put­
ting it for fifty years— for that is not a very long time— by
accepting this $30,000 as a contribution toward building a
library for the use of the people of the District of Columbia,
Mr. CLAPr. While I doubt very much whether it is a good we obligate ourselves to pay $150,000 for maintaining it. That
point, in view of the balance of the legislation, as the Senator is the condition stated in the letter. I have seen it and read
from South Carolina [Mr. T il l m a n ] is anxious to take the floor, it, and it is printed in the report of the House committee on
this subject
I will consent to their going out.
With this statement I have no further opposition to make,
The VICE-PRESIDENT. The question is on concurring in
the amendments inserting on page 52, after the word “ dollars” although I object to such legislation.
in line 3, the words “ reimbursable, to be charged to each lease ^ Mr. GALLINGER. Mr. President, I will simply say that the
at the time of its approval, not to exceed $2,” and on the same Senator might have extended the time to a thousand years in­
page, in line 8, after the word “ dollars,” inserting
reim­ stead of fifty and made this a much greater burden. It will
cost the Government of the United States $1,500 and the gov­
bursable, in each case to be charged to the land involved.”
ernment of the District of Columbia $1,500 a year. Takoma
The amendments were nonconcurred in.
The amendments were ordered to be engrossed and the bill Park is a thriving community, several miles from the center of
the great city of Washington. The citizens have contributed a
to be read a third time.
very desirable lot on which to erect this library, and they are
The bill was read the third time and passed.
going to get the money precisely as we got the money for our
CHOCTAW-CIIICKASAW CITIZENSHIP COURT.
municipal library in Washington. I trust sincerely that there
Mr. TILLMAN. I ask unanimous consent for the immediate may be no very serious opposition to the passage of this bill.
consideration of the resolution which I send to the desk.
The bill was reported to the Senate without amendment, or­
The resolution was read, as follows:
dered to be engrossed for a third reading, read the third time,
Whereas there appears in the Co n g ressio n a l R ecord of February 11, and passed.

1908, at page 1984, in relation to the Choctaw-Chlckasaw citizenship
court, the following statement:
"It is alleged that the members of that court were bribed and re­
ceived as a consideration for tlieir decisions a part of the fee paid these
attorneys. Counsel for claimants are reliably informed that the Secre­
tary of the Interior now has in his possession positive proof of the
bribery of certain members of that court, said proof setting forth the
amount paid certain members of that court, the time and place the
Payments were made, and the manner of the payments. This evidence
has been in the possession of the Secretary of the Interior for more
than three months and yet no investigation, so far as counsel for
claimants have been able to ascertain, has been Inaugurated and no
Proceedings have been Instituted calculated to bring these guilty persons
before the bar of justice, although the time in which thev can be
criminally prosecuted is rapidly expiring:” Therefore.
R e s o l v e d b y th e R cn a tc , That the Secretary of the Interior tie, and he
Is hereby, directed to inform the Senate what foundation there is for
such charges, and to transmit to the Senate all correspondence, affida­
vits. evidence, papers, and information pertaining or appertaining
thereto.

TREATY WITH MEXICAN KICKAPOO INDIANS.
Mr. BRANDEGEE. I present a statement made' before the
subcommittee of the Senate Committee on Indian Affairs Feb­
ruary 13, 1908, relative to the bill (S. 4735) to fulfill treaty
stipulations of the treaty of June 28, 1862, and other treaty
agreements with the Kickapoo Indians. I move that it be
printed as a document.
The motion was agreed to.

E E U IV SESSIO
XCT E
N.
Mr. CARTER. I move that the Senate proceed to the con­
sideration of executive business.
Tlie motion was agreed to, and the Senate proceeded to the
consideration of executive business. After three minutes spent
in executive session the doors were reopened, and (at 5 o’clock
and 10 minutes p. m.) the Senate adjourned until Monday,
March 2, 1908, at 12 o’clock meridian.

The 5 ICE-PRESIDENT. Is there objection to the present
consideration of the resolution just read?
Mr. WARREN. If I heard the resolution rightly, there is in
the preamble a rather severe arraignment of the Secretary of
the Interior, and I should say a resolution of that kind had
CONFIRMATIONS.
better lie over.
Mr. TILLMAN. It is simply a request for information.
Executive nominations confirmed by the Senate February 28
Mr. WARREN. That part of it is all right, but if I heard it
1908.
aright, there is a statement that he has had this proof in hjs
UNITED STATES ATTORNEY.
possession so long, lias failed to move, and so forth.
William L. Day, of Ohio, to be United States attorney for the
Mr, TILLMAN. If it were not for that there would be no res­
northern district of Ohio.
olution at all. It is to have the Secretary answer to the Senate
POSTMASTERS.
and to the country for this accusation against his official admin­
INDIANA,
istration of the office.
Mr. WARREN. I will ask that the resolution may go over.
Winfield S. Hunter to be postmaster at Jasper, Dubois
County, Ind.
I may want to offer an amendment to it.
The VICE-PRESIDENT. Objection is made to the present
Joseph S. Smith to be postmaster at North Vernon, Jennings
County, Ind.
consideration of the resolution, and it will go over.







CONGRESSIONAL RECORD— HOUSE.

2880

OHIO.
Frederick G. Withoft to be postmaster at Dayton, Montgom­
ery County, Ohio.
J
OKLAH A.
OM
George W . Ferguson to be postmaster at Watonga, in the
county "of Blaine and State of Oklahoma.
Newton S. Figley to be postmaster at Hastings, Comanche
C°Frank°McCartney
CT &

to be postmaster

at Nowata,

Nowata

Randall to be postmaster at Blackwell, Kay County,

Okla.

F ebbuaby 28,

The SPEAKER. The question is on agreeing to the reso­
lution.
The resolution was agreed to.
i n t e r n a t i o n a l co n g ress o n t u b e r c u l o s is .

Mr. FOSTER of Vermont. Mr. Speaker, I ask unanimous con­
sent for the present consideration of Senate concurrent resolu­
tion No. 5.
The SPEAKER. The gentleman from Vermont asks unani­
mous consent for the present consideration of a concurrent
resolution which will be reported by the Clerk.
The Clerk read as follows:

Whereas an International Congress on Tuberculosis will meet in
Washington in September, 1908, the same being the Sixth Interna­
tional Congress on Tuberculosis, and the first to be held in America,
Whereas seven of the nine Departments of the Federal Government
r ; 'pred S. Trowbridge to be postmaster at Great Bend, Susque­
have petitioned Congress for the authority and means to participate
hanna County, Pa.
in this congress; and
. „
.
_ .. .
.
SOUTH D K TA
AO .
Whereas the governors of twenty-eight States of the united States
have authorized the participation of their several States m this conSarsfield P. Malone to be postmaster at Huron, Beadle County,
„ resg ■
Whereas the National Association for the Study and Prevention of
s - DakTuberculosis has provided the necessary means and created a special
committee to secure the participation of voluntary and private interests
J.
0 . Brown to be postmaster at Coleman, Coleman County,
in the coming International Congress on Tuberculosis; and
Whereas preceding international congresses occurring in other
Tex.
countries in the past fifteen years have been held under govern­
mental auspices, and delegates from the United States have par­
ticipated therein as guests of foreign governments = Therefore be t
HOUSE OF REPRESENTATIVES.
R e s o l v e d l u t h e S e n a t e (th e H o u s e o f R e p r e s e n t a ti v e s c o n c u r r t n g j.
That the Department of State be, and is hereby, authorized to Invite
the Governments of other countries, through their ministries, to send
F r i d a y , F e b r u a r y 2 8 , 19 08 .
representatives to the International Congress on Tuberculosis to be
held in 'W
ashington, September 21 to October 1_, 1908.
The House met at 12 o’clock m.
PENNSYLVANIA.
Albert Secor to be postmaster at Sheffield, "Warren County,

Prayer by the Chaplain, Rev. H enry N. Couden, D. D.
The Journal of the proceedings of yesterday was read and
approved.
PAY OF ENLISTED MEN, ETC.

Mr, DALZELL. Mr. Speaker, I submit a privileged report
from the Committee on Rules.
The Clerk read as follows:

The Committee on Rules, to whom was referred the order of the
House No. 4, have had the same under consideration and herewitn
report the same with the recommendation that it he agreed to.
“Ordered, That during the consideration in Committee of the Whole
House on the state of the Union of the bill making appropriation for
the suDDort of the Army for the fiscal year ending June 30,
it
shall be In order to offer and consider, with right of amendment, at the
end of the paragraph relating to pay of enlisted men, the following
provisions: From line 12, page 6, to line 23, page 10.
Mr. DALZELL.

Mr. Speaker, on that I ask the previous

question.
The previous question was ordered.
Mr. DALZELL. Mr. Speaker, the matter in the Army ap­
propriation bill, from line 12 on page 6 to line 23 on page 10,
relates to the increase in the pay of privates and noncommis­
sioned officers. It was stricken out yesterday on a point of
order as being new legislation; but the debate clearly disclosed
that a very large majority of the House were in favor of the
proposition, and the Committee on Rules feel that m reporting
this rule they are simply permitting the Members of the 1 ouse
to carry out what is their wish in the premises. This is a
unanimous report from the Committee on Rules.
Mr W ILLIAM S. Mr. Speaker, it is unnecessary to add any­
thing to what the gentleman from Pennsylvania has said. This
is a unanimous report from the Committee on Rules, recom­
mending that the House be given an opportunity to pass upon
this proposition. The right of amendment is reserved in the
rule and we were of the opinion that it was good legislation,
and’ although we had some slight objection to that method of
legislating, yet we thought that under the circumstances the end
would justify the means.
Mr. SULZEIt. Mr. Speaker, just a minute to say I trust this
rule will be adopted. As a member of the Military Affairs Com­
mittee I am very much in favor of this legislation for our sol­
diers, and I believe the taxpayers of the country generally fa­
vor at this time an increase in the pay of the enlisted men of
the Army in accordance with the provisions of the Army appro­
priation bill which were stricken out on a point of order yester­
day. The adoption of this rule will put back in the bill those
provisions.
Mr. Speaker, I desire to say further that I am very glad, per­
sonally, to h e a r the gentleman from Pennsylvania [Mr. D a l z e l l ]
Inform the House that the Committee on Rules has complied, in
reporting this rule, with the sentiments of a majority, as they
think, of the membership of this House, and I express the hope
that the Committee on Rules will hereafter always comply with
the expressed will of a majority of the Members of the House.
I f t h e y only would do this in all cases, we would be able to pass
some legislation most devoutly desired by the great majority of
the people of this country.

Mr. DALZELL. Mr.

Speaker,

reserving the

right to ob-

3cct~ —
.—
Mr. MANN. I wish to make the point of order that we can
not do by concurrent resolution what is proposed to be done
here.
The SPEAKER. The gentleman makes the point of order
that the object desired can not be reached by a concurrent
resolution. It has occurred to the Chair that that is a mat­
ter for the House to determine.
Mr. MANN. Perhaps that is correct, but I think it is a mat­
ter worthy of consideration. A concurrent resolution is a reso­
lution directed solely to matters within the control of the House
and the Senate alone. A joint resolution is a resolution that
requires the approval of the President, or permits, at least, his
disapproval. Here is a proposition by concurrent resolution to
direct the Secretary of State to do something without giving
to the President an opportunity to approve it or disapprove i t ; in
other words, it is an attempt by concurrent resolution to enact
law.
Now, tbe universal rule of parliamentary law would provide
that if this action be taken it must be taken in the form of a
joint resolution or bill. It is not merely a matter of discretion
of the House, because it goes to the right of the House by con­
current resolution to direct an officer of the Government to tlo
something which would have the effect of law ; and while it is
true that the officer of the Government might not be bound by
tbe resolution, and while it is undoubtedly true the resolution
would give to the Secretary of State no authority which he docs
not now possess, it seems to me it is subject to a point of order
when you endeavor to do something by concurrent resolution
which the House and Senate have not the power to do.
Mr. TAW N E Y. W ill the gentleman yield for a question?
Mr. MANN. Certainly.
Mr. TAW N E Y. Does the gentleman from Illinois claim that
the House and Senate, acting concurrently, do not have the
power to direct an executive officer to do anything within the
law?
Mr. MANN. They may direct the officer of the law or the
Department of State to report something to Congress, but they
can not by concurrent resolution authorize him to do anythin#
which the law does not now permit him to do.
Mr. DALZELL. Mr. Speaker, I did not notice the language
of the resolution, but does it mean anything more or less than
sentiment on the part of the two Houses? Is the Secretary o1
State “ directed,” or is he simply “ requested,” by the language
of the resolution?
Mr. MANN. He is “ authorized.” I take it the very purpose
of the resolution is to base an appropriation upon it. If llltj
resolution is passed and be law, it is sufficient to base an appr° '
priation upon. I do not know that there is any objection to it.
Mr. TAW NEY. If that is the case, it certainly should be
joint resolution— if it authorizes or creates an obligation on tn
part of the United States.
Mr. FOSTER of Vermont W e are not asking any appropG
tion.

1908.

CONGRESSIONAL RECORD— SENATE.

Mr. KNOX. I more that the bill (S. 5367) to amend an act
entitled “An act to authorize the Fayette Bridge Company to
construct a bridge over the Monongahela River, Pennsylvania,
from a point in the borough of Brownsville, Fayette County, to
a point in the borough of West Brownsville, Washington Coun­
ty,” approved April 23, 1900, be indefinitely postponed.
The motion was agreed to.
TOMB OF JOHN PAUL JONES.

Mr. McENERY. I am directed by the Committee on Naval
Affairs, to whom was referred the bill (S. 5434) to provide for
finishing the crypt of the chapel, United States Naval Academy,
Annapolis, Md., as a permanent resting place for the body of
John Paul Jones, to report it favorably without amendment,
and I submit a report thereon. I ask for the present considera­
tion of the bill.
The Secretary read the bill, and there being no objection,
the Senate, as in Committee of the Whole, proceeded to its con­
sideration.
The bill was reported to the Senate without amendment, or­
dered to be engrossed for a third reading, read the third time,
and passed.
COURTS IN ALABAMA.

Mr. CULBERSON. I am directed by the Committee on the
Judiciary, to whom was referred the bill (H . II. 17524) to pro­
vide for circuit and district courts of the United States at
Dothan, Ala., to report it favorably without amendment.
Mr. JOHNSTON. I ask unanimous consent that the bill be
now considered. It is purely a local measure.
The Secretary read the bill, and there being no objection,
the Senate, as in Committee of the Whole, proceeded to its
consideration.
The bill was reported to the Senate without amendment, or­
dered to a third reading, read the third time, and passed.
BILLS INTRODUCED.

Mr. McLAURIN introduced a bill (S. 5S29) for the relief of
Emily Donnelly, which was read twice by its title and referred
to the Committee on Claims.
Air. SCOTT introduced a bill (S. 5830) granting an increase
pension to Jacob Watson, which was read twice by its
title and, with accompanying papers, referred to the Com­
mittee on Pensions.
Mr. TAYLOR introduced a bill (S. 5S31) for the relief of
Marion B. Patterson, which was read twice by its title and, with
the accompanying papers, referred to the Committee on Claims.
Mr. BANKH EAD introduced a bill (S. 5832) for the relief
®f the late firm of Martin, Weakley & Co., which was read
twice by its title and, with the accompanying papers, referred
to the Committee on Claims.
Mr. KEAN introduced the following bills, which were sever­
e ly read twice by their titles and referred to the Committee on
Public Buildings and Grounds:
A bill (S. 5833) for the purchase of a site and the erection
a public building thereon in the city of Plainfield, X. .T.; and
A bill (S, 5S34) to provide for the enlargement of the post°Qiee building at Hoboken, N. J.
Mr. TILLM AN (by request) introduced a bill (S. 5835) for
the relief of the estate of Robert Kirkley, deceased, which was
road twice by its title and referred to the Committee on Claims.
Mr. BURROWS introduced a bill (S. 5S36) for the relief of
Ulive p. Tibbltts, which was read twice by its title and, with
accompanying papers, referred to the Committee on Claims.
Mr. KN O X introduced a bill (S. 5837) for the refunding of
money illegally collected by the United States Treasury De­
partment as excise taxes from the Fort Pitt Gas Company,
Pittsburg, Pa., which was read twice by its title and referred
10 the Committee on Finance.
Mr. HOPKINS introduced a bill (S. 5838) granting an in­
crease of pension to Mattie J. Stark, which was read twice by
p title and, with the accompanying papers, referred to the
Committee on Pensions.
Mr. TELLER introduced a bill (S. 5839) for the relief of
merge W . Wickes, which was read twice by its title and re®rred to the Committee on Indian Affairs.
Mr. CLAY introduced a bill (S. 5840) to provide for the ex­
cision, improvement, and enlargement of the post-office and
^art-house building at Augusta, Ga„ which was read twice by
Jts title and referred to the Committee on Public Buildings and
^rounds.
Me also introduced the following bills, which were severally
rC'd twice by their titles and referred to the Committee on
Claims:
. A bill (S. 5841) for the relief of the estate of George Patten,
deceased; and
A bill (S. 5842) for the relief of the heirs of George Wintey« deceased.




2725

Mr. AN KEN Y introduced a bill (S. 5S43) granting an in­
crease of pension to Edward Cornwell, which was read twice
by its title and referred to the Committee on Pensions.
Mr. SMITH introduced a bill (S. 5844) granting an honor­
able discharge to Henry S. Hunter, which was read twice by its
title and referred to the Committee on Military Affairs.
Mr. du PONT introduced a bill (S. 5845) granting a pension
to John C. Ripperger, which was read twice by its title and,
with the accompanying papers, referred to the Committee on
Pensions.
Mr. BURKETT introduced the following bills, which were
severally read twice by their titles and referred to the Com­
mittee on Pensions:
A bill (S. 5846) granting a pension to Edward D. Satterlee;
A bill (S. 5847) granting an increase of pension to Alfred
Opelt; and
A bill (S. 5848) granting an increase of pension to Elisha
Biggerstaff.
Mr. N EW LANDS introduced a bill (S. 5849) granting an in­
crease of pension to Jeremiah Regan, which was read twice by
its title and, with the accompanying papers, referred to the
Committee on Pensions.
Mr. RAYNER introduced a bill (S. 5S50) to appropriate
money for the payment of certain advances made to the United
States by the State of Maryland, which was read twice by its
title and referred to the Committee on Claims.
Mr. BEVERIDGE introduced a bill (S. 5851) granting an
increase of pension to Andrew J. Moore, which was read twice
by its title and, with the accompanying papers, referred to the
Committee on Pensions.
Mr. HEYBURN introduced a bill (S. 5852) to provide for
town sites in connection with projects under the reclamation act
and for the construction of schools and municipal improve­
ments, and for other purposes, which was read twice by its
title and referred to the Committee on Irrigation and Reclama­
tion of Arid Lands.
Mr. NEW LANDS introduced a bill (S. 5853) to provide for
the extension of Reno road in the District of Columbia, for the
assessment of benefits and the award of damages in connection
therewith, and to provide a fund for the cost and expenses of
condemnation proceedings, and for the payment of ail judgments
and awards in connection therewith, which was read twice by
its title and referred to the Committee on the District of Co­
lombia.
Mr. OW EN introduced a bill (S. 5854) to amend section 3043 )
“ of the Revised Statutes and penalize false entries of public j
moneys, which was read wice by its title and referred to the
'Committee on the Judiciary.
Mr. SIMMONS introduced a hill (S. 5855) providing for an
additional circuit judge in the fourth judicial circuit, which
was read twice by its title and referred to the Committee on
the Judiciary.
Mr. TELLER introduced a joint resolution (S. R. 62) au­
thorizing and directing the Secretary of W ar to dispose of cer­
tain obsolete guns, which was read twice by its title and re­
ferred to the Committee on Military Affairs.
AMENDMENTS TO APPROPRIATION BILLS.

Mr, SUTHERLAND submitted an amendment proposing to
increase the salary of one law clerk in office of the Solicitor
of Internal Revenue, Department of Justice, from $1,800 to
$2,000, intended to be proposed by him to the legislative, etc.,
appropriation bill, which was referred to the Committee on Ap­
propriations and ordered to be printed.
Mr. LODGE submitted an amendment relieving from further
service July 1, 190S, on account of age, clerk of class 4 em­
ployed at the Naval Observatory, Washington, D. C., etc., in­
tended to be proposed by him to the naval appropriation bill,
which was referred to the Committee on Naval Affairs and
ordered to be printed.
AMENDMENTS TO OMNIBUS CLAIMS BILL.

Mr G4LLINGER submitted an amendment intended to be
proposed by him to House bill 15372, known as the “ omnibus
claims bill,” which was referred to the Committee on Claims
and ordered to be printed.
Mr. McENERY submitted an amendment intended to be pro­
posed by him to House bill 15372, known as the “ omnibus
claims bill,” which was referred to the Committee on Claims
and ordered to be printed.
AMENDMENT TO OMNIBUS PENSION BILL.

Mr. BURROWS submitted an amendment intended to be propostal by him to House bill 15653, known as the “ omnibus pen­
sion bill,” which was referred to the Committee on Pensions and
ordered to be printed.




CONGRESSIONAL RECORD— SENATE.
AMENDMENTS TO FINANCIAL BILL.

Mr. CULBERSON submitted two amendments intended to be
proposed by him to the bill (S. 3023) to amend the national
banking laws, which were ordered to lie on the table and be
printed.
RIGHTS OF W AY THROUGH FOREST RESERVES.

Mr. ANKENY submitted an amendment intended to be pro­
posed by him to the bill (S. 4179) granting rights of way a.nd
easements for the construction, use, maintenance, and operation
of roads, highways, canals, ditches, reservoirs, telephone and
telegraph lines, and lines for the transmission of electric light
and power within and through forest reserves on the public
lands of the United States, which was referred to the Commit­
tee on Public Lands, and ordered to be printed.
OCEAN MAIL SERVICE.
Mr. SIMMONS submitted an amendment intended to be pro­
posed by him to the bill (S. 28) to amend the act of March 3,
1891, entitled “An act to provide for ocean mail service between
the United States and foreign ports and to promote commerce,
which was ordered to lie on the table and be printed,
IMPROVEMENT OF COOSA AND ALABAMA RIVERS.
Mr. BANKHEAD. I ask unanimous consent for the con­
sideration of Senate concurrent resolution No. 42
_
The VICE-PRESIDENT. The concurrent resolution w ill be
read for the information of the Senate.
The concurrent resolution was read, considered by unanimous
consent, and agreed to, as follows:

R e s o l v e d by t h e S e n a te ( th e Haute o f licpre^ntatires
That for the purpose of ascertaining the practicability and cost of im
proving navigation on Coosa and Alabama rivers by means of storage
reservoirs at, near, or above the sites selected for locks and dams - ° •
12, 14, and 15 by cooperation with the Alabama
(
or any other corporation duly organized under the iawa of the State of
Alabama, in the development of water power for industrial put poses tne
Secretary of W Is hereby authorized to cause a survey to be made
ar
of that portion of Coosa River above and below the sites selected for
locks and dams Nos, 12, 14, and 15, and to submit to Congress
as early as practicable a report giving the results of said survey, in­
cluding plans and estimates of the whole cost of the work and the
proportion thereof which should be borne by the United States; and
that the cost of said survey shall be paid from funds heretofore ap­
propriated for examinations, surveys, and contingencies of rivers and
harbors.

Mr. GALLINGER.

Whereas it is alleged that on or about the 15th day of December,
1905, the Attorney-General of the United States did direct one W B.
.
Johnson, then United States attorney for the southern district of the
Indian Territory, to dismiss, by entering a nolle prosequi in said case,
the said indictment; and
Whereas it is alleged that the said W B. Johnson refused to dismiss
.
the said indictment as directed by the Attorney-General of the United
W
hereas it is alleged that the Attorney-General of the United States
on or about the 15th day of January, 1905, removed the said W B,
Johnson from office, said removal being by telegraphic communication,
and said removal being based upon the refusal of the said W B. John­
son to carry out the directions of the Attorney-General of the United
States; and
„
, ,
,
W
hereas it is alleged that the said Attorney-General of the United
States did, on or about the 15th day of January, 1905, bv telegraphic
communication, reinstate the said W B. Johnson in the office of United
.
States attorney for the southern district of the Indian Territory ; and
W
hereas it Is alleged that the said W B. Johnson refused and con­
.
tinued to refuse to dismiss the said indictment against the said persons
during his term of office; and
„
a„
.
Whereas it is alleged that on or about the 13th day of November,
07, the Attorney-General of the United I ..
1907,________ ______________ m . . States did send a telegram to
the United States attorney for the southern district of the Indian Ter­
ritory, one George R. W
alker, directing him to “be sure” and dismiss
the said indictment against the said persons “ before the Territorial
courts pass out of existence and the creation of the new State;’’ and
W
hereas it is alleged that on or about the 14th day of Noveuiber.
1907. the assistant United States attorney for the southern district of
the Indian Territory (the United States attorney being absent at the
time), one James E. Humphrey, did cause an order to be entered upon
the records of the United States court for the southern district of the
Indian Territory, sitting at Ardmore, dismissing the said indictment
with the notation “ by the direction of the Attorney-General of the
United States : ” Therefore be it
, ,
R e s o l v e d , That the Attorney-General of the United States be, and he
is hereby, directed to transmit to the Senate a true and correct copy
of the said indictment, all correspondence of everv kind and description
that has passed between the Department and the United States attor­
ney or attorneys and his or their assistant attorney or attorneys for
the southern district of the Indian Territory, and all correspondence of
every kind and description between any officer of the United States
Government and any other person or persons pertaining or appertaining
to said indictment.
That the Attorney-General of the United States be, and he is hereby,
directed to inform the Senate whv said indictment was dismissed and
whether it is customary for the Attorney-General to interfere with the
prosecution of persons against whom an indictment or indictments have
been returned in the State or Federal courts of the country, and
whether other indictments have been dismissed by direction of the
Attorney-General within the past five years, and if so, what Indict­
ments, and the cause therefor.

Mr. President, let us have the regular

° l The VICE-PRESIDENT.

Concurrent and other resolutions

are in order.
CHOCTAW AND CHICKASAW INDIAN ROLLS.
Mr TELLER. I submit a resolution which I ask be re­
ferred to the Select Committee on the Five Civilized Tribes.
The resolution was read and referred to the Select Committee
on the Five Civilized Tribes, as follow s:
R e s o l v e d . That the Secretary of the Treasury and the Secretary of
the Interior be and they are hereby, authorized and directed to, tm
medla"e y upon’ the passage of this resolution, transmit to the Public
Printer either the original or a true and correct copy of the original
of ?acli andevery roll of the Choctaw and Chickasaw Indians now in
?L rmLlssion and cuStody of either of said Departments, or of any
Bureau division, or commission thereof or thereunder, prepared by
United States officers, agents, or representatives during the years 1830
to 1890 inclusive; and the Public Printer is hereby directed, imme­
diately upon the receipt of said rolls, to print 500 copies of the same,
the expenses of printing the said rolls to be paid out of the contingent
land o f the Senate, and immediately upon the complet on of the pnntin" of said rolls the original copies shall be returned to the Depaitment from which they were received.

SEAL ISLANDS OF ALASKA.
Mr. TELLER submitted the following resolution, which wasj
considered by unanimous consent and agreed to:
R e s o l v e d , That the Secretary of Commerce and Labor be, and he Is*
hereby directed to furnish, for the information and use of the Senate!
S s of ail the reports made by the chief and special agents of thj
Department of Commerce and Labor in charge of the Seal Islands of
AfasS during the years 1906 and 1907, and including all report*
Aiasad. him by . assistantg . .
made touuriu„ his J ---- upon, the condition of the fur-seal beref
.
,
and the conduct of affairs on said islands.

DISPOSITION OF CHICKASAW FUNDS.

Mr. TILLMAN. I ask for immediate consideration of the
resolution which I send to the desk.
The resolution was read, as follows:

March 2,

The VICE-PRESIDENT. Is there objection to the present
consideration of the resolution?
Mr. GALLINGER. It has been submitted this morning?
Mr. TILLMAN. Yes, sir.
Mr. GALLINGER. I think I should like to see it in print.
I will ask that it go over.
The VICE-PRESIDENT. Objection is made, and the resolu­
tion will go over.
PORTSMOUTH, N. H., HARBOR.
Mr. GALLINGER submitted the following concurrent resolu­
tion, which was referred to the Committee on Commerce:
R e s o lv e d b y t h e S e n a t e (t h e H o u s e o f R e p r e s e n t a t i v e s concurring^
That the Secretary of W be, and he is hereby, authorized and oj*
ar
rected to cause an examination and survey to be made of Portsmouth
Harbor, In the State of New Hampshire, with a view to obtaining
slack water navigation therein by the construction of a dam, and
submit estimates for the same.

RECEIPTS AND DISBURSEMENTS OF PUBLIC MONEY.
Mr. OW EN. I submit a resolution, and ask that it be read i
and referred to the Committee on Expenditures in the Treasury
Department.
The resolution was read and referred to the Committee on |
Expenditures in the Treasury Department, as follow s:
R e s o l v e d , T h a t t h e S e c r e t a r y o f t h e T r e a s u r y b e , a n d h e Is h e r e b ) 'i|
d ir e c t e d t o t r a n s m i t t o t h e S e n a t e t h e f o l l o w i n g i n f o r m a t i o n -.
.j

First. A revised statement of Table No. 7, of the Treasurer’s annu„|
report, entitled “ Receipts and disbursements of each kind of money
all accounts at the subtreasury In New York for the fiscal year 190 iUj
in which statement all the checks or drafts now included in or rePT
resented to be amounts of coins or notes shall be entered in A separ*1
'!
column to show the actual receipts and disbursements of each
of money, as well as the amounts of checks or drafts received and d‘»|
bursed on all accounts, this statement to be made without delay aB
(l
transmitted immediately upon completion,
J
Second. Similarly arranged statements of receipts and disburse)
ments at the Treasury in Washington and at each of the eight s«lT
treasuries outside of New York; that is to say, statements revise
and correcting Tables Nos. 5, 6, 8, 9, 10, 11, 12, 13, 14, and 15 of
Treasurer’s report for 1907.
,
.J
Third. All correspondence with and departmental reports to tat
Secretary of the Treasury or the Treasurer of the United States 1
1907, and previously from 1884 to 1907, on the subject of enterim*
amounts of checks or drafts as actual moneys received and disburs-^
in the tables accompanying the annual report of the Treasurer.

Whereas it is alleged that on the 24th day of June, 1905, a grand
jury of the United States of America duly selected, summoned, m
u
paneled, sworn, and charged to inquire fully in and for the body or
the southern district of the Indian Territory in the name and by the
authority of the United States of America did, upon the oaths of the
members thereof, iind, present, and charge that one D. H. Johnson
Mr. OWEN. I ask that the correspondence I send to tb®l
one P, S. Mosely, one George M
ansfield, one J. F. M urray, and on
cM
Melvin Cornish, and others to the grand jurors unknown, on certar desk, which is explanatory of the resolution, be printed in thy
daysltin the4year 1 mfill1r nn the southerneAw it tofpthe H f)fIndian |{{,:C rd for the information o f the Senate.
1902, within
district H P IP
O
Tlien A did unlawfully and frtlA- 1A
t rl feloniously commit the P1 saidof con
T liol
v
rm
..
Territory, <id nn o
crime
The VICE-PRESIDENT. The Senator from Oklahoma ask
spiracy to defraud (an offense against the laws of the United States)
>
by defrauding the Chickasaw Nation out of the sum of $28,870.90, the unanimous consent that the matter referred to by him *
exact amounts fraudulently obtained from the Chickasaw Nation aud printed in the R ecord without reading. Is there objection*
the exact times and places where and when the said fraudulent trans­
The Chair hears none, and it is so ordered.
actions occurred being set out in said indictment; and

CONGRESSIONAL RECORD— SENATE.

1908.

PARCELS POST AND POSTAL SAVINGS BANKS.
Mr. PENROSE. 1 offer ;i resolution providing for the print­
ing of additional copies of certain bills pending before the
Committee on Post-Offices and Post-ltoads, and I ask unanimous
consent for its present consideration.
The resolution was read and considered by unanimous con­
sent, as follows:
Resolved, That there be printed for the use of the Committee on PostOffices and I’ost-Roads 15,000 copies each of Senate bills 5115 and
5122 and 3,000 copies each of Senate bills 1234, 4853, and 5508.

2961

the present consideration of Senate bill 2736. Neither bill
will lead to debate.
The Secretary read the bill, and there being no objection,
tlie Senate, as in Committee of the Whole, proceeded to its
consideration. It proposes to appropriate $50,000 to acquire,
hy purchase, condemnation, or otherwise, a site and cause
to be erected thereon a suitable building, including fireproof
vaults, elevators, and heating and ventilating apparatus, for
the use and accommodation of the United States post-office in
the city of Lagrange, Ga.
The bill was reported from the Committee on Public Build­
ings and Grounds with an amendment, to add the following:

Mr. CULBERSON. May I ask what committee the resolution
comes from?
Mr. PENROSE. The Committee on Post-Offices and PostThe building shall be uncxposed to danger from fire by'an open space
Roads. For the information of the Senator, I will state that of at least 40 feet on each side, including streets and alleys.
these hills relate to the parcels post and postal savings banks.
The amendment was agreed to.
There is very great demand from all over the country for
The bill was reported to the Senate as amended, and tlie
copies of those measures. The total cost will be less than $500,
amendment was concurred in.
and under the rule the resolution can now be considered.
The bill was ordered to be engrossed for a third reading, read
The VICE-PRESIDENT. The question is on agreeing to the
the third time, and passed.
resolution.
The title was amended so as to read: "A bill to provide for
The resolution was agreed to.
the purchase of a site and the erection of a public building in
1
INDIAN APPROPRIATION BILL.
^ lie city of Lagrange, Ga.”
1
The VICE-PRESIDENT laid before the Senate the action
PUBLIC BUILDING AT CORDELE, GA.
of the House of Representatives disagreeing to the amendments
Mr. CLAY. I ask the Senate to consider the other bill to
of the Senate to the bill (H. R, 15219) making appropriations
vhieli i referred, which was also passed over at my instance
for the current and contingent expenses of the Indian Depart­
v-ben reached on the Calendar.
ment, for fulfilling treaty stipulations with various Indian
There being no objection, the bill (S. 2732) to provide for
tribes, and for other purposes, for the fiscal year ending June
30, 1909, and requesting a conference with the Senate on the jtlie erection of a public building in the city of Cordele, Ga., was
■cad and considered as in Committee of the Whole. It pro­
disagreeing votes of the two Houses thereon.
m
ises to appropriate $50,000 to acquire, by purchase, condemnaMr. ('LAPP. I move that the Senate insist on its amend­
ion, or otherwise, a site and cause to be erected thereon a suit­
ments and agree to the request of the House, the conferees
able building, including fireproof vaults, elevators, and heating
on tiie part of the Senate to be apixanted by the Chair.
The motion was agreed to, and the Vice-President appointed ’and ventilating apparatus, for the use and accommodation of
Mr. Clapp, Mr. McC umber, and Mr. O wen , the conferees on the United States post-office in the city of Cordele, Ga.
The bill was reported from the Committee on Public Build­
the part of the Senate.
ings and Grounds with an amendment, to add at the end of tlie
HOUSE BILLS AND JOINT RESOLUTION REFERRED.
bill the following:
The following lulls were severally read twice by their titles,
The building shall be unexposed to danger from fire by an open space
and referred to the Committee on Commerce:
of at least 40 feet on eacli side, including streets and alleys.
H. R. 15444. An act extending the time for the construction
The amendment was agreed to.
of a dam across Rainy River;
The hill was reported to tlie Senate as amended, and the
H. R. 16073. An act to authorize the town of Edgecomb, Lin­
coln County, Me., to maintain a free bridge across tide waters; amendment was concurred in.
The bill was ordered to be engrossed for a third reading,
uml
II. R. 16749. An act to amend an act entitled "A n act to au­ read the third time, and passed.
The title was amended so as to read: "A bill to provide for
thorize the construction of a bridge across the Monougahela
River in the State of Pennsylvania by the Liberty Bridge (he purchase of a site and the erection of a public building in
the city of Cordele, Ga.”
Company,” approved March 2, 1907.
OCEAN MAIL SERVICE.
H. R. 15841. An act to amend section 4896 of the Revised
Statutes, was read twice by its title and referred to the Com­
Mr. FRYE. The Senator from New Hampshire [Mr. Galmittee on Patents.
linger ], who is absent on a sad errand, called my attention to
H .R . 16874. An act to amend section 13 of an act entitled the fact that the bill (S. 28) to amend the act of March 3.1891,
“An act to divide the State of Texas into four judicial districts,” relating to ocean mail service, was by unanimous consent to lie
approved March 11, 1992, was read twice by its title, and re­ considered yesterday morning. Of course it could not receive
ferred to the Committee on the Judiciary.
consideration yesterday morning, and be requested me to ask
H. J. Res. 101. Joint resolution authorizing the Secretary of that it might be brought before the Senate this morning; but
War to secure a suitable design for a statue of the late Com­ the Senator from New York [Mr. D e p e w ] has given notice that
modore John 1). SI oat at Monterey, Cal., was read twice by its at this time he would desire to occupy the floor with his speech
title, and referred to the Committee on the Library.
on the currency question.
I ask unanimous consent that on Tuesday morning this bill
INDIAN APPROPRIATION BILL.
Mr. DIXON submitted the following resolution, which was may be taken up immediately after the routine business for
consideration.
considered by unanimous consent and agreed to:
Tlie VICE-PRESIDENT. Tlie Senator from Maine asks
R e s o lv e d , That the Senate conferees on II. It. 15219, “ An act mak­
ing appropriations for the current and contingent expenses of the In­ unanimous consent that the unanimous-consent agreement here­
man Department,’’ etc., are hereby instructed to insert on page 37, tofore made with regard to the bill mentioned be modified, and
line 15 , after the word “ dollars,” the following: “ the same to be im­ that the bill be taken up for consideration immediately after
mediately available."
the close of the routine morning business on Tuesday, March 10.
ADJOURNMENT TO MONDAY.
Is there objection?
Mr. TELLER. Will that interfere with the financial bill? I
Mr. IIALE. I move that when the Senate adjourns to-day
do not w an t to have that interfered with.
it lie to meet on Monday next.
Mr FRYE. It is to be taken up only immediately after the
The motion was agreed to.
routine business. Of course, at 2 o'clock the currency bill will
AMENDMENT OF NATIONAL BANKING LAWS.
he the unfinished business.
Mr. CLARKE of Arkansas. I wish to give notice that im­
Mr. TELLER. I believe we have had notice given of a
mediately after the close of tlie morning business on Wednes­ speech to be made on Tuesday.
day* next I will address the Senate on what is known as the
Mr. BEVERIDGE. At 2 o’clock is the notice.
“Aldrich bill,” if it shall not at that time be engaged in more
Mr. FRYE. At 2 o'clock on that day.
important business.
Mr. TELLER. Very well.
PUBLIC BUILDING AT LAGRANGE, GA.
The VICE-PRESIDENT. Without objection, it is so ordered.
Mr. CLAY. The bill (S. 2736) to provide for the erection
AMENDMENT OF NATIONAL BANKING LAWS.
°f a public building in the city of Lagrange, Ga and the bill
Mr. DEPEW rose.
( s, 27o2) to provide for tlie erection of < public buiidin?-, in
1
The VICE-PRESIDENT. The Chair lays before tlie Senate
the city of Cordele Ga,, were, when reached on the Calendar,
Pawed* over at my instance. I ask unanimous consent for the unfinished business.
X U I ------ 186







2982

CONGRESSIONAL RECORD— SENATE.

There being no objection, the Senate, as in Committee of the
Whole, resumed the consideration of the bill (S. 3023) to amend
the national banking laws.
Mr. D EPEW . Mr. President, Presidents, Secretaries of the
Treasury, and Comptrollers of the Currency have for many
years seen the defects in our banking system and urged legisla­
tion. Eminent bankers, both at home and abroad, have taken
the same view7 Eor various reasons Congress has failed to act
.
or even to seriously consider any of these suggestions. The
legislative body is always conservative, at least in the sense that
it never acts until there is a strong public pressure behind.
Legislation may at times seem radical, but it is always because
the representatives believe such measures properly interpret and
put in force the popular will.
.
W e have had several disastrous panics, the most noted being
those of 1837, 1857, 1873, 1893 and 1907.
All but the last became subjects of rancorous party discus­
sion, and there was no agreement at the times of their occur­
rence as to the causes of their happening. But now contem­
porary opinion with great unanimity puts the blame upon our
system of banking and currency and demands action and re­
medial legislation.
, .
Under the delicate system of credit upon which the cornn e cial transactions of the world are now based there will always
be panics. They may come from wars or from fabulous cm
structiou of property by earthquakes or fire or f r o m o v speculating, resulting in the bankruptcy of financial institutions,
succeeded by loss of confidence. These panics occui to every
one of the great industrial countries. They
J
Germany, Austria, Italy and I ranee, but less frequently
France because the French are the most conservative and the
least speculative of all peoples. They are a thriftynation.of
savers and investors, and not of exploiters and Pro“ ote^ 7 ^ ^
lose capital, as they did in the Panama Canal, to the extent or
hundreds of millions, but it is taken out of their stockings and
not out of their business. While these financial and industrial
disasters are common to manufacturing, producing and trading
nations, they never imperil the whole structure of trade and
finance in other countries as they do with us. They never lead
to such stringency of money and phenomenal rates of interest.
The rate of interest marks the price which business pays for
capital. As it advances new enterprises stop, production is cur­
tailed and industries shut down, until finally, if money must be
had at prices which necessitate great and continuing losses, the
whole community is involved, capital and labor are both tem­
porarily out of employment, with bankruptcy for the one and
starvation or reliance upon charity for the other.
The United States is the greatest creator of wealth of all
countries, and its productiveness is almost as great as that of all
other nations who might be deemed its rivals combined. A finan­
cial panic with us leaves the field strewn with the dead and
wounded, but our enormous possibilities for the creation of
wealth speedily bring back prosperous times. Ike new and
eager recruits and contestants for fortune fail to remember
those who have fallen in the battle and take little heed of the
lessons of the catastrophe. With our people so keen upon busi­
ness propositions, with our agricultural and mineral produc­
tion throwing the balance of trade in our favor every year
with our gold reserve kept at a higher average than that of
anv other nation, because it flows in to us to pay the inter­
national balances which are due, these recurring disasters, so
universal and so terrible, must be caused by deficiency some­
where in our system. W e have a larger per capita currency
S n any other country in Europe except France, and yet
m9V9 currency, has been for months commanding a
TemTum and “ o fe of our panics gold was raised to 2M per
J S T T h e German, French and English financiers say such
conditions are impossible with them. They are unanimous m
the opinion that their safety and our peril are i K t u x they
possess central banks with power to issue eQ
f
while our currency is rigid and inelastic, and the e
<
be no unity of action among our 6,600 independent banks.
There have been efforts made in this discussion to locate and
place the blame for this panic. It furnishes a fine held roi
partisan attack, but a calm and judicial review of the situation
will develop many and sufficient reasons which are neithei po­
litical, personal nor partisan. Undoubtedly the large and con­
tinuing increase year by year in the production of gold, which is
the universal standard of value, deranges calculations and ex­
changes. The figures of this increase for the last decade are
startling. The world’s production of gold was $7,000,000 in 1700,
812,000,000 in 1800, $262,000,000 in 1900 and $425,000,000 in 1907.
This shows that while in the hundred years from 1700 to 1800
the increase was only five millions, in the hundred years from

M arch 6,

1SOO to 1900 it was two hundred and fifty millions and in the
short period of seven years from 1900 to 1907 it was one hundred
and sixty-three millions.
While according to Lord Cromer $150,000,000 are buried in
the ground by the Egyptians, who are universally money hoard­
ers, and a large sum used in the arts, the amount available for
currency is constantly and rapidly increasing. The RussoJapanese war and the San Francisco earthquake and tire
burned up and destroyed a very appreciable percentage of the
capital of the wmrld. Industrial expansion, the consolidation
of industries into strong and unified corporations with increas­
ing productive power and requiring more money, great enter­
prises by governments and by corporations, the requirements
of the railways caused by the increase in traffic, and amounting
within the last year to a thousand millions of dollars, have
locked up immense amounts of capital otherwise fluid into
permanent investments. The railroad companies tried to raise
in round figures $1,000,000,000, but could sell only a small por­
tion of their 4 per cent bonds, and including what they obtained
by the issue of short-term notes carrying 6, 7, and 7i per cent
interest, were able to borrow only $960,000,000, or about twothirds of their immediate practical needs. The industrials were
having such prosperity that they needed about $600,000,000, and
nearly two-thirds* of the sum were secured by the stronger
concerns at exorbitant interest, but those which failed to get
the money for their capital requirements were forced into the
hands of receivers. The tremendous volume of our internal
commerce, the feverish activity of our manufacturers and the
active demand and high prices for the food products of the
West and Northwest, and for the cotton of the South, and for
our coal, iron, copper, gold and silver, expanded our credit until
probably at the time our trouble began 98 per cent of our busi­
ness was being done by credit agencies and not more than 2
per cent with currency.
When the annual demand came for $300,000,000 of reserve
money to be taken from the banks in the central reserve cities
to the West and South to move the crops, it called for a cur­
tailment of over $1,200,000,000 in credits and the calling
of loans to meet this demand. If we had a central bank
or if there was by some Government agency concerted ac­
tion among our 6,600 national banks our affairs would never
have reached this perilous condition. In Germany, for in­
stance, the commercial paper of all banks in the Empire
would have been indorsed by the banks which had discounted
it and, being rediscounted in the central bank, have been the
basis for currency to meet the demand and tide over the crisis
without endangering the whole manufacturing and commer­
cial fabric. But we have a currency which we can not expand,
except by processes too slow to do any good, and which can not
contract when the demand for currency relaxes. W e have to
maintain a national debt to have any currency, and we have to
retain our present system to furnish a market for Government
bonds in national emergencies at a rate which makes them
from 15 to 25 per cent higher on the same interest charge than
those of any other country.
There is no doubt that hasty and ill-considered legislation in
many States had much to do with the panic. One-seventh of
the wealth of the United States is invested in railroads. A very
large amount of the securities upon which business is done 19
based upon these securities. There are many thousands of rail­
road freight rates in force at the same time, and they are fre­
quently changed according to the necessities of competition or
of the traffic. Whether a reduction of rates will be confisca­
tory or not can only be ascertained by an investigation and the
testimony of experts. This is thoroughly understood by the in­
vesting public, both in this country and in Europe. Rate-reduc­
tion bills were passed in many legislatures without reference to
committees, without discussion, and with a whoop-la cry of “ Hit
them again; they have no friends.” The machinery of tb0
Mauretania or Lusitania is as complex as a watch. Any man
could throw a crowbar into it and produce derangements which
might jeopardize the safety of the ship, or do damage which
would require experts and time and money to repair. Governor
Hughes stated the true principle of the treatment of rates wbeD.
having advised and secured from the legislature the creation
of public utilities commissions with full power, he courageously
vetoed a 2-ceDt fare bill, which had been unanimously passim
on the ground that until those commissions had investigate
and reported neither the Governor nor the legislature had any
information upon which to base intelligent action affecting tf*
securities owned by millions of investors and the cmploy men
and wages of millions of men.
*
Much has been said here and everywhere against Wall street*
and sometimes New York is made interchangeable with

1908.

CONGRESSIONAL RECORD— SENATE.

praying for the enactment of legislation providing for the con­
struction of at least one of the proposed new battle ships at
Government navy-yards, which was referred to the Committee
on Naval Affairs.
He also presented a petition of sundry citizens of Guernsey,
Iowa, praying for the enactment of legislation to prohibit the
sale and traffic in opium in all territory under the jurisdiction
of the United States, which was referred to the Committee on
the Judiciary.
He also presented a petition of sundry citizens of Keota,
Iowa, and a petition of sundry citizens of Guernsey, Iowa,
praying for the enactment of legislation to prohibit the collec­
tion of internal revenue from “ speak easies” in prohibition dis­
tricts, which were referred to the Committee on Finance.
He also presented a petition of the Philadelphia Association
of Retail Druggists, of Philadelphia, Pa., praying for the en­
actment of legislation to classify certain grades in numbered
post-office stations, which was referred to the Committee on
Post-Offices and Post-Roads.
He also presented a petition of sundry citizens of Guernsey,
Iowa, praying the enactment of legislation to prohibit the trans­
mission of periodicals as second-class mail matter when once
ruled out as immoral, which was referred to the Committee on
Post-Offices and Post-Roads.
He also presented a petition of sundry citizens of Guernsey,
Iowa, praying for the enactment of legislation to prohibit the
issuance of money orders or the registration of letters on Sun­
day, which was referred to the Committee on Post-Offices and
Post-Roads.
He also presented a petition of sundry citizens of Guernsey,
Iowa, praying for the enactment of a national anticigarette
law, which was referred to the Committee on the Judiciary.
He also presented a petition of sundry citizens of Keota,
Iowa, praying for the enactment of legislation to prohibit the
sale and traffic in opium in all territory under the jurisdaction
of the United States, which was referred to the Committee on
the Judiciary.
He also presented sundry petitions of citizens of Guernsey,
Iowa, praying for the enactment of legislation to prohibit gam­
bling in all territory under the jurisdiction of the United States,
which were referred to the Committee on the Judiciary.
He also presented petitions of sundry citizens of "Morning
Sun, Guernsey, and Keota, all in the State of Iowa, praying for
the enactment of legislation to prohibit interstate transportation
of intoxicating liquors in prohibition districts, which were re­
ferred to the Committee on the Judiciary.
He also presented a petition of sundry citizens of Guernsey,
Iowa, praying for the adoption of an amendment to the Consti­
tution providing for uniform marriage and divorce, which was
referred to the Committee on the Judiciary.
He also presented a memorial of sundry citizens of Pottawat­
tamie County, Iowa, remonstrating against the enactment of
legislation to protect the first day of the week as a day of rest
in the District of Columbia, which was referred to the Commit­
tee on the District of Columbia.
He also presented a petition of sundry citizens of Keota,
Iowa, and a petition of sundry citizens of Guernsey, Iowa, pray­
ing for the adoption of an amendment to the Constitution to
prohibit polygamy, wbicli were referred to the Committee on
the Judiciary.
BEPORTS OF COMMITTEES,
Mr. MARTIN, from the Committee on Commerce, to whom
was referred the bill (S. 5639) to amend an act entitled “An
net to authorize the construction of a bridge across the Missouri
River at a point to be selected within 5 miles north of the
Kaw River, in Wyandotte County, State of Kansas, and Clay
County, State of Missouri, and to make the same a post route,”
approved December 17, 1902, reported it without amendment
and submitted a report thereon.
He also, from the same committee, to whom were referred
the following bills, reported them severally without amendment:
A bill (II. R. 16073) to authorize the town of Edgecomb, Lin­
coln County, Me., to maintain a free bridge across tide waters;
and
A bill (II. R. 16749) to amend an act entitled “An act to au­
thorize the construction of a bridge across the Monongahela
River in the State of Pennsylvania by the Liberty Bridge Com­
pany,” approved March 2, 1907.
Mr. SMITH, from the Committee on Commerce, to whom was
referred the bill (S. 5594) for the establishment of a light­
house and fog signal at the easterly end of Michigan Island,
Apostle Group, westerly end of Lake Superior, Wisconsin, re­
ported it without amendment and submitted a report thereon.
Mr. BEVERIDGE, from the Committee on Territories, to
whom was referred the hill (S. 4748) to amend an act entitled




3033

“An act to define and punish crimes in the district of Alaska
and to provide a code of criminal procedure for said district,”
approved March 3, 1S99, reported it with amendments end
submitted a report thereon.
Mr. OVERMAN, from the Committee on Military Affairs, to
whom was referred the joint resolution (S. R. 9) authorizing
the Secretary of War to furnish a condemned cannon to the
board of regents of the University of South Dakota, at Ver­
milion, S. Dak., to be placed on the campus of said institution,
reported it without amendment.
PORTSMOUTH, N. H., HARBOR.
Mr. GALLINGER, from the Committee on Commerce, to
whom was referred the following concurrent resolution sub­
mitted by himself on the 2d instant, reported it without amend­
ment, and it was considered by unanimous consent and agreed t o :
Resolved by the Senate (the House of Representatives concurring),
That the Secretary of War be, and he Is hereby, authorized and directed
to cause an examination and survey to be made of Portsmouth Harbor,
in the State of New Hampshire, with a view to obtaining slack-water
navigation therein by the construction of a dam, and to submit estimates
for the same.

MINNESOTA AND MANITOBA RAILROAD.
Mr. CLAPP. From the Committee on Indian Affairs, I report
back favorably without amendment the bill (S. 4645) to author­
ize the Minnesota and Manitoba Railroad Company to convey
certain lands granted to it by the act of Congress approved
April 17, 1900, and I submit a report thereon. It is a very
short bill and a local bill. I ask unanimous consent for its
present consideration.
The Secretary read the bill, and there being no objection,
the Senate, as in Committee of the Whole, proceeded to its
consideration.
The bill was reported to the Senate without amendment, or­
dered to be engrossed for a third reading, read the third time,
and passed.
HEARINGS BEFORE COMMITTEE ON NAVAL AFFAIRS.
Mr, KEAN, from the Committee to Audit and Control the Con­
tingent Expanses of the Senate, to whom was referred the reso­
lution submitted by Mr. H ale on the 6th instant, reported it
without amendment, and it was considered by unanimous con­
sent and agreed to, as follow s:
Resolved, That the Committee on Naval Affairs he, and the same is
hereby, authorized to employ a stenographer from time to time, as may
be necessary, to report such hearings as may be had on bills or other
matters pending before said committee and to have the same printed
for the use of the committee, and that such stenographer be paid out
of the contingent fund of the Senate.

BILLS INTRODUCED.
Mr. PERKINS introduced a bill (S. 5983) authorizing cer­
tain life-saving apparatus to be placed at the Farallone Islands,
off the coast of California, which was read twice by its title
and referred to the Committee on Commerce.
Mr. GALLINGER introduced a bill (S. 5984) to acquire land
in the vicinity of the Connecticut Avenue Bridge for the exten­
sion of certain streets, which was read twice by its title and,
with the accompanying papers, referred to the Committee on
the District of Columbia.
He also introduced a bill (S. 5985) authorizing the exten­
sion of Massachusetts avenue from Wisconsin avenue to the
District line, and for other purposes, which was read twice by
its title and referred to the Committee on the District of Co­
lumbia.
He also (by request) introduced a bill (S. 5986) to provide
for the retirement of certain letter carriers and regulating the
pay of the same, which was read twice by its title and referred
to the Committee on Post-Offices and Post-Roads.
Mr. CULLOM introduced the following bills, which were sev­
erally read twice by their titles and referred to the Com­
mittee on Pensions:
A bill (S. 0987) granting an increase of pension to Andrew J.
Nighswonger; and
A bill (S. 5988) granting an increase of pension to Abner
Moore.
Mr. BACON introduced a bill (S. 5989) authorizing the De­
partment of State to deliver to Capt. C. De W . Wilcox decora­
tion and diploma presented by Government of France, which
was read twice by its title and referred to the Committee on
Foreign Relations.
Mr. ALLISON introduced a bill (S. 5990) granting an in­
crease of pension to Ann M. Corey, which was read twice by
its title and referred to the Committee on Pensions.
J
He also introduced a bill (S. 5991) to provide for the mir
chase of a site and the erection of a public building thereon at
Ames, in the State of Iowa, which was read twice by its title '
and referred to the Committee on Public Buildings and Grounds

3034

CONGRESSIONAL RECORD— SENATE.

March 9,

position of town sites in connection with reclamation projects,
and for other purposes, which was read twice by its title and re­
ferred to the Committee on Irrigation and Reclamation of Arid
Lands.
Mr. LONG introduced the following bills, which were sever­
ally read twice by their titles and, with the accompanying pa­
pers, referred to the Committee on Pensions:
A bill (S. 6019) granting an increase of pension to Francis
O’Leary; and
A bill (S. 6020) granting an increase of pension to Jasper
Taylor.
Mr. CLAPP introduced a bill (S. 6021) to except and exclude
certain lands in Minnesota from the operation of the acts of
June 21, 1906, and March 1, 1907, which was read twice by its
title and referred to the Committee on Indian Affairs.
Mr. BURKETT introduced a bill (S. 6022) granting an in­
crease of pension to German I.. Hunt, which was read twice by
its title and, with the accompanying papers, referred to the
Committee on Pensions.
Mr. DOLLIVER introduced a bill (S. 6023) granting an in­
crease of pension to Francis M. Gard, which was read twice by
its title and referred to the Committee on Pensions.
Mr. FORAKER introduced the following bills, which were
severally read twice by their titles and referred to the Com­
mittee on Pensions:
A bill (S. 6024) granting an increase of pension to William
Ruddicks;
A bill (S. 6025) granting an increase of pension to Abram W .
M cCoy;and
A bill (S. 6026) granting an increase of pension to Susan M.
Darnell (with accompanying papers).
Mr. TALIAFERRO introduced a bill (S. 6027) for the relief
of Joseph De V. Hazzard, which was read twice by its title
and, with the accompanying papers, referred to the Committee
on Claims.
Mr. FRYE introduced a bill (S. 6028) to provide for safety
of life on navigable waters during regattas or marine parades,
which was read twice by its title and referred to the Committee
on Commerce.
Mr. CLAPP introduced the following bills, which were sev­
erally read twice by their titles and referred to the Committee
on Pensions:
A bill (S. 6029) granting an increase of penison to George
Brookins; and
A bill (S. 6030) granting an increase of pension to Timothy
^ M r^ B U L K E L E Y introduced a bill _(S. 6006) to correct the J. Sheehan.
Mr. WARREN introduced a joint resolution (S. R. 6G) pro­
military record of John M. Miller, which was read twice by its
viding for additional lands for Wyoming under the provisions
title and referred to the Committee on Military Affairs.
Mr. McCREARY introduced a bill (S. 6007) for the relief of of the Carey Act, which was read twice by its title and referred
B. F. Bryant, which was read twice by its title and referred to to the Committee on Public Lands.
—
■
Mr. OWEN introduced a joint resolution (S. R. 67) empow­
the Committee on Claims.
He also introduced the following bills, which were severally ering the Court of Claims to ascertain the amount of the “ civ­
read twice by their titles and referred to the Committee on ilization fund” paid by the Osages and applied to the benefit of
other Indians, and for other purposes, which was read twice by
Pensions:
.
A bill (S. 600S) granting an increase of pension to David E. its title and referred to the Committee on Indian Affairs.
— y
Mr. HEYBURN introduced a joint resolution (S. R. 68) pro­
Redman (with accompanying papers);
A bill (S. 6009) granting an increase of pension to John H. viding for additional lands for Idaho under the provisions of
the Carey Act, which was read twice by its title and referred
Ciirtsr |
A bil’l (S. 6010) granting a pension to Grace F. Jacobs (with to the Committee on Public Lands.

Mr. TAYLOR introduced the following Mils, which were
severally read twice by their titles and referred to the com­
mittee on Pensions:
A bill <S. 5992) granting a pension to John L. Johnson.
A bill (S. 5 9 9 3 ) granting a pension to Alpha J. Linebarger;
A bill (S. 5994) granting a pension to Georgia B. Snapp ; and
A bill (S. 5995) granting an increase of pension to John G.
Burchfield.
„
.
,.
Mr. CRANE introduced a bill (S. 5996) to authorize the sale
to Percival Lowell of certain lands within the San Francisco
Mountains Forest Reserve, in the Territory of Arizona, which
was read twice by its title and, with the accompanying paper,
referred to the Committee on Forest Reservations and the i rotection of Game.
He also introduced a bill (S. 5997) for the relief of Pau
Butler, which was read twice by its title and, with the ac­
companying paper, referred to the Committee on Claims.
He also introduced a bill (S. 5998) granting an increase of
pension to Anna A. Foster, which was read twice by i
and referred to the Committee on Pensions.
}1!,
He also introduced a bill (S. 5999) to correct the mil ta y
record of William Keyes, which was read twice by its title and
referred to the Committee on Military Affairs.
Mr. KEAN introduced a bill (S. 6000) to provide for the
erection of a public building at Hoboken, N. J., which was rea
twice by its title and referred to the Committee on Public Build­
ings and Grounds.
fwv.x
Mr DEPEW (by request) introduced a bill (b. 0001) to re­
organize the Army Medical Department, which was read twice
by its title and, with the accompanying paper, referred to tne
Committee on Military Affairs.
He also introduced the following bills, which were severallj
read twice by their titles and, with the accompanying papers,
referred to the Committee on Pensions:
t
A bill (S. 6002) granting an increase of pension to Alfred U.
Smith; and
„
. '
_
.
A bill (S. 6003) granting an increase of pension to Elmma
Ames.
,.
,
Mr. DICK introduced a bill (S. 6004) granting an increase of
pension to Erwin F. Mason, which was read twice by its title
and referred to the Committee on Pensions.
He also introduced a bill (S. 6005) prohibiting the wearing
of the United States uniform by unauthorized persons, which
was read twice by its title and referred to the Committee on




an accom panying paper) ; and

A bill (S. 6011) granting an increase of pension to Isaac N.

a m e n d m e n t s to o m n i b u s c l a im s

b il l .

Mr. CLARKE of Arkansas submitted two amendments, In­
tended to be proposed by him to House bill 15372, known as the
“ omnibus claims bill,” which were ordered to lie on the table
and be printed.

^ m T FRAZIER introduced a bill (S. 6012) to provide for the
appointment of an additional district judge in and for the mid­
dle and eastern districts of Tennessee, which was read twice by
its title and referred to the Committee on the Judiciary.
SAFETY OF SCHOOL BUILDINGS IN THE DISTRICT OF COLUMBIA.
He also introduced a bill (S. 6013) to establish a national
Mr. CULBERSON submitted the following resolution, which
military park at the battlefield of Stones River, which was read
was considered by unanimous consent, and agreed to:
twice by its title and referred to the Committee on Military
Resolved, That the Committee on the District of Columbia be, and
Affairs.
is hereby, directed to inquire, in such manner as in its judgment may
He also introduced the following bills, which were severally be best, whether the public and private school buildings In the District
read twice by their titles and referred to the Committee on of Columbia are safe against fire; and if not. to report by bill or other­
wise what action should be taken for the protection of the school chil­
Claims:
dren of the District.
A bill (S. 6014) for the relief of H. M. Sullivan: and
EXTENSION OF PARCELS POST,
A bill (S. 6015) for the relief of Margaret E. Watkins, ad­
On motion of Mr. B u r n h a m , it was
ministratrix of the estate of Patrick Henry Watkins, deceased.
Ordered, That there be printed for the use of the Post-Office Depart­
Mr. OVERMAN introduced a bill (S. 6016) to provide for the
erection of a public building at High Point, N. C., which was ment 20,000 copies of Senate Document No. 366. Sixtieth Congress, first
session, “ Data Relative to the Proposed Extension of the Parcels Post.”
read twice by its title and referred to the Committee on Public
HOUSE BILLS REFERRED.
Buildings and Grounds.
The following bills were severally read twice by their titles
lie also introduced a bill (S. 6017) granting a pension to
jeymour B. Wacaster, which was read twice by its title and re­ and referred to the Committee on Claims:
ferred to the Committee on Pensions.
H. It. 1815. An act for the relief of the estate of D. S. Phelan;
Mr. BORAH introduced a bill (S. 6018) p oviding for the dis­
H. R, 6664. An act for the relief of Roman Scholter;

1908.

CONGRESSIONAL RECORD—SENATE.
SENATE.

3249

N. 1., remonstrating against the ratification of the pending
treaty of arbitration between the United States and Great
Britain, which was referred to the Committee on Foreign Rela­
tions.
Prayer by tlie Chaplain, Rev. Edward E. H ale.
He also presented a petition of the Woman's Home Missionary
The Secretary proceeded to read the Journal of yesterday’s
proceedings, when, on request of Mr. Gallinger, and by unani­ Society, Pittsburg Presbytery, of Pittsburg, Pa., praying for the
enactment of legislation to prohibit the importation, manufac­
mous consent, the further reading was dispensed with.
ture, and sale of opium within the jurisdiction of the United
The VICE-PRESIDENT. The Journal stands approved.
States, which was referred to the Committee on Finance.
USELESS PA R IN TH E E U IV D PA T E T
PE S
E X C T E E R M N S.
Mr. GALLINGER presented petitions of sundry citizens of
_ The VICE-PRESIDENT laid before the Senate a communica­ East Rochester and South Acworth, in the State of New Hamp­
tion from the Secretary of the Treasury, transmitting, pursuant
shire, of Sparta, Mich., and Washington, D. C., praying for the
to law, schedules of papers, documents, etc., on the files of the
enactment of legislation to prohibit tbe manufacture and sale of
Department-which are not needed in the transaction of the
intoxicating liquors in the District of Columbia, wffiich were re­
public business and have no permanent value or historical inter­ ferred to the Committee on the District of Columbia.
est, which was read.
He also presented memorials of sundry citizens of Portland,
The VICE-PRESIDENT. The communication will be re­ Me., Richmond, Va., Jackson, Miss., Ohio City, Ohio, and of
ferred to the Joint Committee on the Destruction of Useless
Orlando, Fla., remonstrating against the enactment of legisla­
Papers in the Executive Departments. The Chair appoints the tion to protect the first day of the week as a day of rest in the
Senator from Texas [Mr. B a il e y ] and the Senator from New District of Columbia, which were referred to the Committee on
Hampshire [Mr. G a l lin g e r ] as members of the committee on the District of Columbia.
the part of the Senate, and directs the Secretary to duly notify
He also presented a petition of the Northeast Washington
the House of Representatives thereof.
Citizens Association, of the District of Columbia, praying for
ERLE B
N O L D ILLS SIG E .
ND
the enactment of legislation requiring all new school buildings
A message from the House of Representatives by Mr. C. R. in the Distiict of Columbia to be fireproof, which was referred
McIvenney, its enrolling clerk, announced that the'Speaker of to the Committee on the District of Columbia.
Mr. FRAZIER presented a petition of local union No. 24
the House had signed the following enrolled bills, and they
International Typographical Union, of Jackson, Tenn., praying
were thereupon signed by the Vice-President:
S. 1031. An act to grant certain land, part of the Fort Nio­ for the repeal of the duty on white, paper, wood pulp, and the
brara Military Reservation, Nebr., to the village of Valentine materials used in the manufacture thereof, which was referred
for a site for a reservoir or tank to hold water to supply the to the Committee on Finance.
He also presented a petition of sundry citizens of Scotts Hill
public of said village;
S. 2048. An act to provide additional station grounds and Tenn., praying for the passage of the so-called “ parcels-post
terminal facilities for the Arizona and California Railway bill,” and also for the establishment of postal savings banks
which was referred to the Committee on Post-Offices and PostCompany in the Colorado River Indian Reservation, Ariz. T .;
Roads.
H. R .2915. An act for the relief of John P. Hunter;
lie also presented sundry affidavits to accompany the bill
H. It, 12S03. An act allowing Chandler Bassett to perfect final
proof in his homestead entry;
(S. 4705) for the relief of the trustees of Mount Olivet Meth­
II. R. 14043. An act to provide for the extension of time odist Episcopal Church South, at Nolensville, Tenn., which were
within which homestead eutrymen may establish their residence referred to the Committee on Claims.
He also presented a paper to accompany the bill (S. 2319) for
upon certain lands within the limits of the Huntley irrigation
Project, in the county of Yellowstone, in the State of Montana; the relief of Mrs. Corrinne Lawrence, of Nashville, Tenn., which
II. It. 10073. An act to authorize the town of Edgecomb, Lin­ was referred to the Committee on Claims.
He also presented an affidavit to accompany the bill (S. 4400)
coln County, Me., to maintain a bridge across tide waters;
H .R . 16746. An act to authorize T. H . Friel or assigns to for the relief of the deacons of the Missionary Baptist Church
construct a dam across Mulberry Fork of the Black Warrior at Franklin, Tenn., which was referred to the Committee on
Claims.
River; and
_He also presented sundry affidavits to accompany the bill (S.
II. It. 10749. An act to amend an act entitled “An act to au­
thorize the construction of a bridge across the Monotigahela 5785) granting a pension to Willis J. Freeman, which were re­
River in the State of Pennsylvania by the Liberty Bridge Com­ ferred to the Committee on Pensions.
Mr, DEPEW presented petitions of sundry citizens of Dexter
pany,” approved March 2, 1907.
West Henrietta, Camden, Westville, Minisink, Stony Ford, and
PETITIO S A D M M R L
N N E O IA S.
Newark, all in the State of New York, praying for the enact­
^The VICE-PRESIDENT presented a memorial of the Emmet ment of legislation to establish a rural parcels post, which
Club, of Indianapolis, Ind., and a memorial of the Emmet As­ were referred to the Committee on Post-Offices and Post-Roads.
sociates, of Lynn, Mass., remonstrating against the ratification
, He also presented a petition of the John K. Neal Republican
of the pending treaty of arbitration between the United States Club, of Kings County, N. Y., praying for the enactment of leg­
and Great Britain, which were referred to the Committee on islation providing for the construction of at least one of the
Foreign Relations.
proposed new battle ships at the New l rork Navy-Yard, which
Mr. CULLOM presented a memorial of O'Connell Club, of was referred to the Committee on Naval Affairs.
Cleveland, Ohio, remonstrating against the ratification of the
He also presented a memorial of the Independent Tobacco
pending treaty of arbitration between the United States and Manufacturers’ Association of the United States, remonstrating
Croat Britain, which was referred to the Committee on Foreign against the enactment of legislation to permit the sale of leaf
Relations.
tobacco for consumption without the payment of the revenue
Mr. PLATT presented a memorial of the Merchants’ Ex­ tax. which was referred to the Committee on Finance.
change, of Olean, N. Y,, remonstrating against the passage of
He also presented a petition of Local Division No. 292,
tlie so-called “Aldrich emergency currency bill,’’ which was or­ Brotherhood of Locomotive Engineers of the State of New
dered to lie on the table.
York, praying for the passage of the so-called “ Rodenberg antiHe also presented the petition of William J. Carle, of New injunction bill,” which was referred to the Committee on the
Fork City, N. Y., praying for the passage of the so-called “ Kit- Judiciary.
tredge copyright bill,” which was referred to the Committee on
He also presented a petition of the American Directory Pub­
Patents.
lishers’ Association, of New York City, N. Y., praying for the
He also presented a memorial of Local Union No. 478, Na­ passage of the so-called “ Kittredge copyright bill,” which wms
tional Bartenders’ Union, of I’ lattsburg, N. Y., remonstrating referred to the Committee on Patents.
He also presented a petition of Local Division No. 292,
against the enactment of legislation to prohibit the manufacture
and sale of intoxicating liquors in the District of Columbia, Brotherhood of Locomotive Engineers, of Middletown, N. Y.,
Which was referred to the Committee on the District of Co­ praying for the adoption of an amendment to the present inter­
state-commerce law relating to free passes, which was referred
lumbia.
He also presented a memorial of the Memorial and Executive to the Committee on Interstate Commerce.
Committee, Department of New York, Grand Army of the Re­
Mr. HOPKINS presented a petition of Local Union No. H I
public, of Buffalo, N. Y., remonstrating against tbe enactment International Printing Pressmen and Assistants’ Union of
of legislation to abolish certain pension agencies throughout the Joliet, Hi., praying for the repeal of the duty on white paper
country, which was referred to the Committee on Pensions.
wood pulp, and the materials used in the manufacture thereof’
lie also presented a memorial of sundry citizens of Albany, which was referred to the Committee on Finance.

F riday, M arch 13 , 1908.




CONGRESSIONAL RECORD— SENATE.
Mr. ELKINS presented sundry affidavits to accompany the
bill (S. 3565) granting an increase of pension to George \V.
Parsons, which were referred to the Committee on Pensions.
Mr. LODGE presented a petition of the State Institute of
Technologv, Society of Arts, of Massachusetts, p ra y in g for the
enactment' of legislation providing for the conservation of the
national forests, which was referred to the Committee on For­
est reservation and the Protection of Game.
He also presented a petition of Pomona Grange, No. 11,
Patrons of Husbandry, of Westboro, Mass., and a petition of
Ponkapoag Grange, No. 231, Patrons of Husbandry, of Canton
Mass, praying for the passage of the so-called * parcels-post
hill,” which were referred to the Committee on Post-Offices
and Post-Roads.
Mr LONG presented memorials of sundry citizens of Leaven­
worth and Randolph, in the State of Kansas, remonstrating
against the passage of the so-called “ parcels-post bill
which
were referred to the Committee on Post-O&ces and
He also presented a memorial of Local Union No. 1009,
United Mine Workers of America, of Osage Kans remonstrat­
ing against the passage of the so-called
I enrose bill
to ex
clude°nonmailable periodicals from second-class mail privileges,
wMch ^ r r e f e r r e d to the Committee on Post-Offices and Post-

Makch 13,

BILLS IN R D C D
TOUE.

Mr. McLAURTN introduced a bill (S. 6099) for the relief of
the estate of It. H. Hoffman, which was read twice by its title
and referred to the Committee on Claims.
Mr. TALIAFERRO introduced a bill (S. 6100) authorizing and
directing the Adjutant-General of the United States Army to
furnish to the adjutant-general of the State of Florida copies
of the muster rolls of certain military organizations filed or
deposited in the W ar Department or other Departments of the
Government, which was read twice by its title and referred to
the Committee on Military Affairs.
Mr. GALLINGER introduced the following bills, which were
severally read twice by their titles and referred to the Com­
mittee on Public Health and National Quarantine:
A bill (S. 6101) to promote the efficiency of the Public Health
and Marine-Hospital Service; and
A bill (S. 6102) to further protect the public health, and im­
posing additional duties upon the Public Health and MarineHospital Service.
He also introduced a bill (S. 6103) granting an increase
of pension to Abram Bickford, which was read twice by its title
and referred to the Committee on Pensions.
He also introduced a bill (S. 6104) to compensate the com­
missioners to revise the statutes relating to patents, trade and
other marks, and trade and commercial names for services
He also presented a petition of the congregation of the Fu st
rendered, which was read twice by its title and referred to the
Reformed Church of Goshen, Ind praying for-the
of legislation to prohibit the manufacture and sale of intoxicat- Committee on Patents.
Mr. M ARTIN introduced a bill (S. 6105) for the relief of pen­
ing lfquors in the District of Columbia, which was referred to
sioners of the Metropolitan police fund, which was read twice
the Committee on the District of Columbia.
. , .
by its title and, with the accompanying papers, referred to the
He also presented memorials of sundry citizens of Philadel­
Committee on the District of Columbia.
phia, Pa., Nashville, Tenn., Indianapolis, Ind., Jackson, Miss.,
He also introduced a bill (S. 6106) making appropriation for
Orlando, Fla., and Kansas City and St. Louis, Mo., remonstrat­
dredging a channel in the southern branch of the Elizabeth
ing against the en actm en t of legislation to protect the hist
River from the drawbridge of the Belt Line Railway to the
day of the week as a day of rest in the District of Columbia,
drawbridge of the Norfolk and Western Railway Company,
which were referred to the Committee on the District of Co­
which was read twice by its title and referred to the Committee
He also presented a petition of sundry citizens of Franklin on Commerce. N
Mr. D IX O N introduced a bill (S. 6107) granting an increase
of pension to John W . Winslett, which was read twice by its
title and, with the accompanying paper, referred to the Com­
mittee on Pensions.
C°He“ al'soe presented” ! P ^iH ™ of Pap Thomas Post, DepartMr. CULLOM introduced the following bills, which w-ere
ment of Kansas, Grand Army of the Republic, °J
Bend, severally read twice by their titles and referred to the Com­
n„ riraving for the passage of the bill (S. o<o8) for the
mittee on Pensions:
rel.ef’ of
F. Lewis, which was referred to the Comm.ttee
A bill (S. 6108) granting an increase of pension to Theodore
R. Stearns;
R A IN E R presented a petition of stmdry citizensi of
A bill (S. 6109) granting an increase of pension to Ferdinand
Afmint \irv Md praying f o r the enactment of legislation to proW e lls; and
U p minufaP
Cture and sale of intoxicating liquors in the
A bill (S. 6110) granting an increase of pension to Timothy
D,steicfof Sln m h ia, which was referred to the Committee on L. Boswell (with an accompanying paper).
Mr. FRYE introduced a bill (S. 6111) granting a pension to
the District of Columbia.
William H. Atkins, which was read twice by its title and re­
REPORTS OF COMMITTEES.
ferred to the Committee on Pensions.
Mr T ODGE from the Committee on the Philippines, to \ hom
\
Mr. FRAZIER introduced a bill (S. 6112) for the relief of
the Presbyterian Church of the United States of America, of
Fayetteville, Tenn., formerly known as the Cumberland Presby­
^
S
S
Islands, reported it without amendment, and submitted k
a
terian Church of Fayetteville, Tenn., which was read twice by
its title and, with the accompanying paper, referred to the Com­
1 Mr CARTER from the Committee on the District of Colum- mittee on Claims.
""I
h i f t o 4 o m w U T fe r r e d the bill (8. 2999) to amend an act f Mr. O W EN introduced the following bills, which were sev-i
‘ + t,„fl « \ n act to provide for the extension of New Hump- /e rally read twice by their titles and referred to the Committee
sw e arenne in the D i™ ic t of Columbia, and for otter pur­ on Public Buildings and Grounds:
A bill (S. 6113) providing for the erection of a public bund­
poses • approved February 27, 1907, reported it with an amtnd•
ling at Muskogee, O kla.;
m^ ’ a ^ “
r
om S a E S K
on Military Affairs, to i A bill (S. 6114) providing for the erection of a public bund­
wh!m “
L
the hi,. <S »
I for the^
of land ling at Enid, O kla.;
.
.
A bill (S. 6115) providing for the erection of a public bund­
for the use of the military post at Fort Sheridan, in., reporueu
It with amendments and submitted a report thereon.
ing at Ardmore, Okla.;
A bill (S. 6116) providing for the erection of a public b u n d ­
Mr N IX O N from the Committee on Coast Defenses, to whom
...
submitted by Mr
on ing at McAlester, Okla.;
A bill (S. 6117) providing for the erection of a public build­
January 27, 1908, proposing to appropriate $OfTTSo 51 for m
ing at Tulsa, Okla.;
creased fortifications for Puget Sound, Stat^
. t1
‘
..tii
A bill (S. 6118) providing for the erection of a public build­
intended to be proposed to the fortifications app P •
I
.
asked to be discharged from its further consideration an 1 that ing at Bartlesville, Okla.;
A bill (S. 6119) providing for the erection of a public »unu
it, with the accompanying paper, be referred to the Committee
Kniidon Appropriations, which was agreed to.
f ing at Lawton, Okla.;
A bill (S. 6120) providing for the erection of a public buna
Mr. H EM ENW AY, from the Committee on Military A ffa ir s ,
ing at Chickasha, Okla.;
...
to whom was referred the bill (S. 1160) to correct the militai j
A bill (S. 6121) providing for the erection of a public bin
record of Lora E. Reed, reported it with an amendment ana
ing at Vinita, Okla.;
hnildsubmitted a report thereon.
• a bill (S. 6122) providing for the erection of a public di
He also, from the same committee, to whom was referred tlip
in g at Elreno, O kla.;
. . . hnildbill (S. 1744) for the relief of the heirs of George A. Arm­
A bill (S- 6123) providing for the erection of a public bu
strong, reported it without amendment and submitted a repoft
ing at Anadarko, O kla.;
thereon.




1908.

CONGRESSIONAL RECORD— SENATE.

A bill (S. 6124) providing for the erection of a public building at Woodward, Okla.; and
A bill (S. 6125) providing for the erection of a public build­
ing at Alva, Okla.
'" “•'‘■w
•
Mr. du PONT introduced a bill (S. 6126) to provide for the
purchase of a site and the erection of a public building thereon
in the city of Newcastle, State of Delaware, which was read
twice by its title and referred to the Committee on Public Build­
ings and Grounds.
Mr. DEPEW introduced a bill (S. 6127) to correct the mili­
tary record of Harding Weston, which was read twice by its
title and referred to the Committee on Military Affairs.
Mr. NELSON introduced a bill (S. 6128) granting a pension
to Lucy E. Gregory, which was read twice by its title and re­
ferred to the Committee on Pensions.
Mr. IIOPKINS introduced the following bills, which were
severally read twice by their titles and referred to the Com­
mittee on Pensions:
A bill (S. 6129) granting a pension to William J. Dowell
(with accompanying paper); and
A bill (S. 6130) granting an increase of pension to Daniel
Hull (with accompanying papers).
He also introduced a bill (S. 6131) to authorize the construc­
tion of a bridge across Bock River, State of Illinois, which was
read twice by its title and referred to the Committee on Com­
merce.
Mr. ELKINS introduced a bill (S. 6132) granting a pension
to William Hoberg, which was read twice by its title and, with
the accompanying papers, referred to the Committee on Pen­
sions.
He also introduced a bill (S. 6133) granting a pension to
Charles Dillon, which was read twice by its title and referred
to the Committee on Pensions.
He also introduced a bill (S. 6134) for the relief of Edward
Tearney, administrator of Samuel Ridenour, deceased, which
was read twice by its title and referred to the Committee on
Claims.
Mr. PILES introduced a bill (S. 6135) providing for the dis­
posal of the interests of Indian minors in real estate in Yakima
Indian Reservation, Wash., which was read twice by its title
and referred to the Committee on Indian Affairs.

3251

: I will say, in presenting the resolution, that I do not wish to
^ be understood as reflecting on the committee or any members of
it, or charging them with any disposition to smother the bill I
realize that the committee is so busily engaged with hearings on
matters pertaining to other bills that it is not going to be able
to take up this bill and consider it any further, and therefore I
Sla
consideration of the resolution.
I m ^ ? S r ESIP BNT' ,Tbe resolution will lie on the table.
FULTON subsequently said: Before the Senator from
North Carolina [Mr. S i m m o n s ] commences his address, I ask
him to yield to me for just a moment.
Mr. SIMMONS. Certainly.
t JIr- FyLTO N . I see that the chairman of the Committee on
Interstate Commerce is now in the Senate Chamber. I wish to
cail his attention to the resolution which I offered discharging
the committee from the further consideration of Senate bill 423
I take it that the Senator will not object to the resolution, and
therefore it might, perhaps, be adopted without any waste of
time. I am quite sure the Senator does not care to detain the
bill any longer, because the committee is not considering it I
have offered the resolution as much as anything else to relieve
the Senator from the embarrassment of detaining the bill in his
CUXiJiXll t lG
G»

,,
ELp N S . I ask that the resolution be read. I was not in
the Chamber when it was offered.
I he VICE-PRESIDENT. The Secretary will read the resolu­
tion, at the request of the Senator from West Virginia
The Secretary again read the resolution.
o n tie Senate S> 1 aSk tLat ° le bil1 be read for the inf°rmation

The VICE-PRESIDENT. The bill is not at the Secretary’s
desk, it being before the Committee on Interstate Commerce
Mr. ELKINS. I thought perhaps it was at the desk
Mr. President, I want to say in behalf of the committee that
I do not think there has been any unnecessary delay, or any
delay that the committee could help, in the consideration of this
bill. It was promptly referred to the Interstate Commerce Com­
mission for a report, which was in due season made to the
committee, unfavorable to the bill introduced by the Senator
from Oregon.
Mr. FULTON. I do not understand the Senator.
AMENDMENT TO AGRICULTURAL APPROPRIATION BILL.
Mr. ELKINS. I say the bill was promptly referred, early
Mr. D IXO N submitted an amendment providing for the after its introduction by the Senator, to the Interstate Com­
acquisition of a site and the erection of a building for the merce Commission, and the Interstate Commerce Commission
Weather Bureau, at Missoula, Mont., intended to be proposed reported unfavorably on the bill.
Air. FULTON. The Interstate Commerce Commission re­
by him to the agricultural appropriation bill, which was referred
to the Committee on Agriculture and Forestry and ordered to ported against certain features or provisions of the bill. The
Senator recalls very well that I appeared before his com­
be printed.
mittee and accepted the recommendation of the Interstate Com­
AMENDMENTS TO OMNIBUS CLAIMS BILL.
Mr. GALLINGER submitted an amendment intended to be merce Commission. The Interstate Commerce Commission sim­
proposed by him to House bill 15372, known as tbe “ omnibus ply desired certain changes and then recommended the bill
favorably.
'
claims bill,” which was ordered to be printed and, with the
But, Mr. President, I do not wish to infringe on the time of the
accompanying paper, referred to the Committee on Claims,
Senator from North Carolina, who is prepared to address the
Mr. FRAZIER submitted an amendment intended to be pro­
posed by him to House bill 15372, known as the “ omnibus Senate this morning. I will ask, if the Senator from West
.claims bill,” which was referred to the Committee on Claims Virginia has no objection, that the matter may lie over until
after the Senator from North Carolina has concluded his re­
and ordered to be printed.
marks.
Mr. ELKINS submitted seven amendments intended to be
Mr. ELKINS. Mr. President, I can not allow that disposi­
proposed by him to House bill 15372, known as the “ omnibus
claims bill,” which were referred to the Committee on Claims tion of it without objection, for the reason that this is the
second time the Senator from Oregon has referred to delay
and ordered to be printed.
Mr. SCOTT submitted an amendment intended to be proposed on the part of the Interstate Commerce Committee, and I want
to put the committee right before the Senate. I think it is but
h fii" 1 *° *I°llse bill 15372, known as the “ omnibus claims
1
fair to the committee that I should do so.
niD, which was ordered to be printed and, with the accom­
After the Interstate Commerce Commission reported against
panying paper, referred to the Committee on Claims.
the bill (and I will ask that their report be read), the Senator
AMENDMENTS TO FINANCIAL BILL.
indicated a willingness to accept the amendment proposed by
Mr. FULTON submitted an amendment intended to be pro­ the Interstate Commerce Commission, and made an argument
posed by him to the bill (S. 3023) to amend tbe national bank- in favor of his bill. I think some others appeared in favor of
ng laws, which was ordered to lie on the table and be printed. the bill. After that the opponents of the bill, the railroad com­
Mr. NELSON submitted an amendment intended to be pro­ panies, asked that they might be heard.
posed by him to the bill (S. 3023) to amend the national bankThe bill was referred to a subcommittee and it is now in the
iuS laws, which was ordered to lie on the table and be printed. hands of a subcommittee to consider tbe amendment recom­
mended by the Interstate Commerce Commission. In order to
in t e r s t a t e -c o m m e r c e r e g u l a t io n s .
Mr. FULTON submitted the following resolution, which was facilitate the hearing and to expedite action on the bill, the
subcommittee was empowered to have hearings separate and
read:
apart from the full committee. I do not see the chairman of
Resolved, T h at the Com m ittee on Interstate Commerce be, and It is
that subcommittee in tbe Senate. The junior Senator from
hereby, discharged from further consideration o f the bill (S . 4 2 3 ) to
Rtnend section 6 o f an act entitled “ A n act to regulate commerce,” and Mississippi [Air. McL aubin ] is the chairman of the subcommit­
is hereby instructed to report said bill to the Senate.
tee, and he tells me that he is doing all he can to have the
Mr. FULTON. Mr. President, I see that the chairman of the hearings, that the subcommittee may be informed and report in­
Committee on Interstate Commerce is not present in the Senate telligently when the hearings are concluded.
this morning. Hence I will not ask for the present considera­
Mr. President, I think it is unfair to the committee to intro
tion of the resolution. I will ask that it may lie on the table, duce this resolution. It reflects upon the committee and it is
and I may call it up later.
entirely unjust. I have tried, and I think the committee have




CONGRESSIONAL RECORD— SENATE.
tried, and have been disposed to facilitate the hearing. The
Senator said he wanted to depart for his State about the i&tn,
and we have tried more than in the case of any other bill before
the committee to get action on it. I submit it is not fair, when
the railroad companies want to be heard on the bill and bang
their attorneys and experts thousands of miles to be heard,
to deny them a hearing.
I will ask that the letter from the Interstate Commerce Com­
mission, reporting against the bill, be read.
Hr. CULBERSON. I suggest to the Senator from West
Virginia, in view of the notice given by the Senator from Norm
Carolina, that he might have the communication printed m the
K ec ob d without taking up the time by having it read.
Mr. FULTON. I was going to ask-----Mr. ELKINS. I should like to have the letter read.
The VICE-PRESIDENT. Is there objection to the reading
Mr CULBERSON. I object, and ask for the regular order.
Mr. BURROWS. I ask for the regular order.
The VICE-PRESIDENT. The regular order is demanded.
Mr. FORAKER. Is there objection to the reading of the
letter ?

The VICE-PRESIDENT.

Objection is interposed to the

Makch 13,

possible, or at least at the earliest available opportunity, I
shall call it up again and I shall show to the Senate that with
the amendment recommended by the Commission, which I ap­
p eared before the committee and accepted, and which the sub­
committee unanimously agreed to, the bill is recommended and
indorsed by the Interstate Commerce Commission and has the
approval of every member of that Commission.
I shall not further discuss the matter at this moment. I
shall call it up later.
CERTAIN LAND IN THE DISTRICT OF COLUMBIA.

Air. CARTER. Mr. President, I desire to make, briefly, some
remarks; but as the Senator from North Carolina [Air. S i m ­
m o n s ] gave notice of his intention to speak this morning, I will
withhold my observations until the conclusion of his remarks.
PRESIDENTIAL APPROVALS.

A message from the President of the United States, by Mr.
M. C. L a t t a , one of his secretaries, announced that the Presi­
dent had approved and signed the following acts:
On March 10, 1908, the President approved a bill of the fol­
lo w in g number and t i t l e :
S. 3941. An act to amend section 4 of an act entitled “An act
to prevent unlawful occupancy of the public lauds,” approved
February 25, 1885.
On Alarch 11, 1908:
S. 4351. An act for the relief of the Alaska Pacific Railway
and Terminal Company; and
S. 3409. An act to extend the time of payments on certain
homestead entries in Oklahoma.
On Alarch 13:
S. 5155. An act authorizing the exchange of lands for the en­
largement of maneuvering grounds.

^Mr^ULBERSON. I have no objection to its being printed
in the Record.
,
n
. ..c
Mr. FORAKER. Can not the letter be read as a part or the
remarks of the Senator from est Airginia t
Mr. ELKINS. It is very short.
.
Air. FORAKER. It is a letter I have been trying to read or
have read ever since it was received in the committee, and I
thought I was about to be gratified in that respect.
INDIAN APPROPRIATION BILL.
Air ELKINS. I will read it as a part of my remarks.
Air. CLAPP. I desire to submit the conference report on the
Air CULBERSON. The Senator from North Carolina sug­
gests’ that the reading of it will not interfere with him, and I Indian appropriation bill. In view of the proposed speech of
the Senator from North Carolina, I will defer action upon it
therefore withdraw the objection.
until after he concludes.
Mr FORAKER. It will take only a few minutes.
The VICE-PRESIDENT. The objection is withdrawn, and
The report was submitted, as follows:
the Secretary will read the letter, as requested.
The Secretary read as follows:
The committee of conference on the disagreeing votes of the
I n t e r st a t e C om m er ce C o m m is s io n ,

Washington, January 29, 1908.

H on. Stephen

B. E lkins ,

Chairman Committee on Interstate Commerce,
v
United States Senate, Washington, D. C.

D e i e S i r : T h e In terstate Commerce Com m ission has the honor to
finhrait the follo w in g in response to your com m unication o f 24th instant,
trans ini11in a bill (S .
to amend section 6 of the act to regulate
E ^ m f r c e introduced by Senator F ulton December 4,
and reC0?J?n i™ V he Com m ission to “ advise the com m ittee before its next
meeting, January
their opinion o f said hill and w hat action they




s

423)

1907,

31,

W
°WhllstSthe Sews°n the entire Commission can not he definite!v
of
ascertained withinV time named, because of absences on
the>
busf
ness, a majority of the Commissioners, and probably all of them, would
not he disposed to favor the enactment of tins measure.
.

To give to the protest o f a single shipper the effert o f preventing
the advance of any rate until the reasonableness o f th at advainoe was
affirmatively determined by the Commission would establish a hard
^
and fa st rule of doubtful fairness to the railroads and questionable
advantage to the public.
Under existing conditions, we are o f the
opinion
that it would be unwise to adopt the arbitrary lim itation
which this bill proposes, w hatever may be found desirable or neces­
sary in th is regard in the future.
I t is further to be observed that the psasage o f such a hill at this
time would impose a burden upon the Com m ission which it ought not
to be asked to undertake. I f every proposed advance had to be investi­
gated by the Commission and officially sanctioned before it could take
effect the number of cases to be considered would presumably be so
grea t’ as to render their prom pt disposition alm ost impossible
In In­
stances o f justifiable increase the necessary delay resulting from the
Drobable volume of cases would work injustice to the carriers.
Until
conditions become more stable and the substantive provisions o f the
act are more com pletely observed in railw ay tariffs and practices we
entertain the belief th at a wider latitude of discretion on the part of
carriers than this m easure allow s should be permitted.
It is also suggested th a t the practical effect o f the proposed amend­
m ent might be to prevent voluntary reductions of rates by the carriers.
I f no rate could be increased without the approval of the Commission
after affirmative showing by the carrier, it might happen th at many
reductions now voluntarily accorded would not he made.
T h is subject of rate advances w as discussed in our recent annual
report to the Congress, and th at portion of the report is transm itted
herewith for the inform ation o f your com m ittee.
I t concludes w ith a
recommendation relating to the m atter In question, in which the entire
Com m ission concurred, and th a t recom mendation is now respectfully
renewed.
Very respectfully,
Martin A . K napp, Chairman.

Mr. SIAIAIONS rose.
Air. FULTON. Will the Senator from North Carolina allow
me a word, and then I will let the matter go over until a sub­

sequent time?
Air. SIAIAIONS.

I yield to the Senator.

Air. FULTON. I do not wish to take up the time of the
Senator from North Carolina, and therefore I will refrain from
discussing the matter at this time, but later in the day, if

two Houses on the amendments of the Senate to the bill (H. R.
15219) making appropriations for the current and contingent
expenses of the Indian Department, for fulfilling treaty stipula­
tions with various Indian tribes, and for other purposes, for
the fiscal year ending June 30, 1909, having met, after full and
free conference have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its amendments numbered 21, 22,
23, 24, 49, 52, 54, 55, 56, 57, 58, 00, 01, 02, 03, 64, 65, 00, 68, 60,
73, 75, 85, 94, 99, 100.
That the House recede from its disagreement to the amend­
ments of the Senate numbered 1, 2, 3, 0, 7, 8, 9, 10, 1 1 ,1 3 ,1 4 , 15,
16, 18, 19, 20, 25, 26, 29, 30, 32, 34, 36, 37, 40, 41, 44, 45, 40, 47,
48, 50, 67, 77, 78, 80, 82, S3, 86, 87, 89, 91, 93, 102, 104, aud agree
to the same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 4, and agree to the same with an
amendment as follows: Strike out all of said amendment and
insert:
“ The Secretary of the Interior shall take possession of all
buildings on lands belonging to the Five Civilized Tribes, now
or heretofore used for governmental, school, or other tribal pur­
poses, together with the furniture therein and the land apper­
taining thereto, and appraise and sell the same at such time
and under such rules and regulations as he may prescribe, and
deposit the proceeds, less expenses incident to the appraisement
and sale, in the Treasury of the United States to the credit of
the tribes respectively owning tbe said land and improvements,
and immediately after any such sale patents for the realty thus
sold shall be made and delivered in the same manner as now
provided by law for other tribal property: Provided, That
when practicable preference right shall be given to the State,
counties, and municipalities of Oklahoma to purchase said lands
and improvements at the appraised value: And provided, That
pending such appraisement and sale the Secretary of the Inte­
rior may temporarily lease said buildings and lands for the
benefit of the tribes respectively to which they belong.”
And the Senate agree to the same.
That tbe House recede from its disagreement to the amend­
ment of the Senate numbered 5, and ngree to tbe same with
an amendment as follows: In line 2, after the word “ and.
strike out the words “ purchase o f ; ” and the Senate agree to
the same.
That the House recede from its disagreement to the amend*
I ment of the Senate numbered 12, and agree to the same with

1908.

CONGRESSIONAL RECORD— SENATE.

3381

fifteen hundred, three hundred less than any other agent in the
i
Mr. CARTER. I think this report can be disposed of within
Northwest in that Department, when the committee’s report an hour if the matter is given a hearing.
t
shows that he has more property and more Indians, outside of
£
Mr. TELLER. Mr. President, I will say to the Senators from
the Sioux in South Dakota, than any agent in the service? The Montana that I should have been very glad to have seen these
i
miserable pittance of $300 is not added to his salary of $1,500.
amendments maintained, but I can not allow the statement made
Mr. CLAPP. That is very easily explained. The Senate by the senior Senator from Montana to go unquestioned that it
i
conferees would hardly on their own motion recede from a Sen­ is a right, or even a custom, of Senators to appear before
ate amendment, and if the House conferees made no objection conference committees.
i
to a Senate amendment, that amendment would be reported
I
Mr. CARTER, i used the word “ privilege.”
back here as agreed to, as a matter of course, while if the
'
Mr, TELLER. It is not a privilege. There are some conferHouse conferees objected to another amendment and we had ence committees which absolutely decline to hear anyone when
l
to encounter their objection and attempt to overcome it, we; they get into ^conference. My experience has been that very
of course could only do that by indefinite postponement, andl rarely indeed is anyone heard before a committee of conference.
then perhaps not succeed. That accounts for the fact that one1 There may have been exceptions, and I think there have been,
amendment may be rejected while another amendment, per­■ but they are very rare.
haps no more meritorious, or possibly even less meritorious, re­■
la m not going to object to the Senator from Montana appear­
mains in the bill. We did not ourselves seek to strike out any ing before the conference, because that is a question I do not
of the Senate amendments.
have anything to do with. I do not wish to have it established
Mr. DIXON. I would not for one moment say that.
here that anyone has a right to go before a conference com­
Mr. CLAPP. We only yielded on those amendments where mittee. That the conference committee must settle for itself.
the House conferees did object to them. If they made no ob­
Mr. DIXON. Mr. President, just a word in support of what
jection to the South Dakota amendment, very naturally it would I apprehended was, in the press of business before the con­
remain in the bill.
ferees, an oversight. Here is $30,000 for the Wandering band
Mr. McLAURIN. What I wish to say is that if there is no of Chippewa^ Indians. I personally know their condition. The
probability of a change being made in the report (I take it that matter was investigated two or three years ago. I know they
the conferees did all they could to sustain the amendments put are starving and hungry, dying by the score every year. It is
on the bill by the Senate) it is useless to discuss what we should merely a matter of humanity to purchase land for these one
like to have, because we have to take what results from the hundred Indians ■w were West from the reservation when the
ho
conference.
lands were allotted. IIow can I on this floor, or my colleague
Mr. CLAPP. I suggest that the Senate conferees would not from Montana, consistently agree to this report when we know
be in position to make a very strenuous fight in behalf of these the bill carries $50,000 for the homeless Indians in California.
amendments. Of course, what may be the result I can not fore­ The bill last year carried $50,000. if I recall it, for the homeless
see. I should regret to see the report go back, because every Indians in California. There is $50,000 in this bill— day I have had to postpone this matter out of courtesy to Sena­
Mr. CLAPP. The Senator will pardon me. The bill last year
tors who wished to speak. It would require a great deal of carried a hundred thousand dollars.
time.
Mr. DIXON. A hundred thousand dollars, or whatever it was,
Mr. CARTER. Mr. President, it is true the amount involved and $50,000 this year.
in the amendments about which disagreement has occurred in
Mr. CLAPP. But there was an incompleted plant that had
the conference is not in the aggregate large, but I think there been inaugurated, and the plea was made, and I think it a
is a principle involved in this proceeding which we can not well strong one, that a large amount of the money spent would be
disregard.
lost unless enough was appropriated to complete the plant.
In the first place, it appears amendments have been agreed to
Mr. CURTIS. The land had already been picked out.
which set out this disagreement in bold lines of discrimination.
Mr. CLAPP. The land had already been picked out and
All these amendments were recommended by the Department. partly bought.
Some were adopted, and others more meritorious, of the exact
Mr. DIXON. I have on my desk a letter from, written
class, rejected. My colleague is a member of the Committee on within the last ten days, Chief Rocky Boy, of the Wandering
Indian Affairs and seeks but a privilege which I think every band of Chippewas; and we are to buy the land for him and
Senator should have who is interested in an amendment, before his children; about one hundred of them. The old man thinks
It is disagreed to, if he shall elect to demand the privilege, to this bill has already passed Congress, because I wrote him that
wit, to make a statement before the committee of conference. it had passed the Senate, and that the item had gone into the
That is not a right.
Indian appropriation bill as an amendment, and I apprehended
Mr. TELLER. That is not a right.
that no question would be raised about it. He said “ But for
Mr. CARTER. I do not assert it as a right, but I say it is a this, I and my children, some of them, would be dead before
privilege which I think should be accorded to any Senator upon snow flies this fall.”
mere request. My colleague insists that these amendments have
It is an emergency case, and I do believe, if the conferees
been regularly recommended; that there is nothing to investi­ had at least accorded some one the privilege of merely explain­
gate; that the amendment proposing further investigation as a ing the condition, there would have been no question by any
substitute for the one rejected is but asking the Department to gentleman either of the House or of the Senate as to amend­
do again that which it has heretofore done, a mere repetition of ment 53 remaining in the bill. I think it no more than right
proceeding. Therefore the substitute is of no virtue at all.
Mr. CLAPP. In view of the possible result of a call of the
Now, my colleague insists that he be heard upon these amend­ Senate, I will ask to have the matter passed over for the day.
ments before the committee of conference, and I think the
Mr. DIXON. I will say to the Senator from Minnesota that,
Chairman will agree with me that that request is entitled to without comparing proceedings in the House and in the Senate—
consideration. I believe upon a statement of the facts before and I confess I know very little about the method of procedure
the conferees they will agree to one, if not all, of these amend­ here—I know in the House many times we have instructed the
ments as to which disagreement has been entered. There is conferees as to matters in conference. Would it be anything
one amendment involving a considerable amount of legislation out of the ordinary at this time for the Senate to insist upon the
upon which my colleague does not insist, but as to those not amendment and let us have one more conference with the
obnoxious to the rule of new legislation, merely involving mat­ House conferees and see if this amendment can not remain in
ters recommended by the Department, I think there should be the bill ? It would take but a few minutes to do it.
no question at all, and I believe the Senator in charge of the
I assure the Senators present that, than item No. 53, no more
bill, the chairman of the committee, will agree that the request j
important provision for a band of a hundred homeless, illiterate
of my colleague is entirely reasonable and ought to be people has been before the Senate in the Sixtieth Congress.
]
acceded to.
Mr. CLAPP. I did not want to cut off the matter by that
suggestion, but I simply made it as a safeguard against any
This session is yet young. W e are not in the closing days, s
The Committee on Indian Affairs has but one great duty to tendency of that kind. I have said all I care to say. It is for
<
perform in the course of a session, and that is to scrutinize, the Senate to determine. Occasionally conference reports are
t
sent back for further conference.
prepare, and secure the passage of this appropriation bill, s
There are yet sixty days remaining of the session------Mr. McLAURIN, Mr. President, some days ago unon tho
Mr. CLAPP. Will the Senator pardon an interruption? That r
report of Senate bill 1036-----’ 1
lUe
is true as to the Committee, but the members of the committee
The VICE-PRESIDENT. Does the Senator from Mississinni
have some work to do here, and this idea of sitting day after rise to the pending report?
i
“ 1 pi
day waiting until the closing hours of each day is the matter I
Mr. McLAURIN, I understood it had gone over.
was referring to.
Mr. CLAPP. No; I withdraw that suggestion.




CONGRESSIONAL RECORD— SENATE.
Mr. McLAURIN. I did not observe that it bad been with­
drawn. I thought the matter had gone over until morning.
Mr. CLAPP. I suppose the parliamentary situation would
require a vote on the report.
Mr. LODGE. Let the report go over.
Mr. CLAPP. That would not in the meantime make it the
subject of further conference, ■which Senators desire.
Mr. LODGE. Oh, no. There has to be a vote to disagree to
make it the subject of further conference. All the Senator has
to do is to withdraw the report and let it go over until to-mor­
row, when there-will be a full attendance of the Senate, and he
can then dispose of it.
Mr. CLAPP. It might be disagreed to under present condi­
tions.
Mr. LODGE. That is a different proposition. I did not un­
derstand that the Senator proposed that the Senate should discic r00,
r
°Mr. CLAPP. N o; I do not.
The VICE-PRESIDENT. The question is on agreeing to the
report of the committee on conference.
Mr. D IXO N . Is there any reason why we should not pro
forma disagree to the report and then bring it up to-morrow.
Mr. CARTER. I will say to my colleague that I think the
matter can be disposed of now and a disagreement reached. I
believe it is the present temper of the Senate to disagree to the
report if the question is put.
The VICE-PRESIDENT. The question is on agreeing to the
report of the committee of conference.
'The report was not agreed to.
Mr. CLAPP. I move that the Senate insist upon its amendlents, and request a further conference with the House, the
fconferees on the part of the Senate to be appointed by the VicePresident.
The motion was agreed to ; and the Vice-President appointed
as the conferees on the part o f the Senate Mr. C l a p p , Mr,
M cC u m b e r , and Mr. O w e n .
PATENTS FOB CERTAIN PUBLIC LANDS.
Sir. McLATJRIN. Mr. President, some days ago I asked for
the immediate consideration of the bill (S. 1036) for the relief of
locators of military bounty land warrants and surveyor-gen­
eral’s certificates, and the Senator from Colorado [Mr. T e l l e r ]
asked that it go over until the printing of the report. I under­
stand that Senator now has no objection to the consideration
of the bill.
Mr. TELLER. I have not any objection.
Mr. McLAURIN. I ask unanimous consent for the present
consideration of the bill.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill, -which had been reported
from the Committee on Public Lands with an amendment to
strike out all of the bill and insert:
Be it enacted, etc., That all patents heretofore Issued on applications
made for title to public lands between June 5, 1901, and June 20,
1907, with either military bounty land warrants, agricultural college
land scrip, or surveyor-general’s certificates, be, and the same are
hereby, declared va lid ; and that all such locations, where the applica­
tions to locate were made between June 5, 1901, and June 20, 1907,
with either military bounty land warrants, agricultural college land
scrip, or surveyor-general’ s certificates, and upon which patents have
not been issued, are hereby declared legal, and the Commissioner of
the General Land Office is hereby authorized and directed to issue
patents on all such locations: Provided, That they are otherwise in
accordance with the rules and regulations in such cases made and
provided.

The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
The Committee on Public Lands reported an amendment to
strike out the preamble and to insert in lieu thereof the fol­
lowing :
Whereas by the act of Congress of March 2, 1889 (25 Stats., p.
854), the lands of the United States, except in the State of Missouri,
were withdrawn from sale by private en try; and
Whereas the Secretary of the Interior, on June 5, 1991 (Victor II.
Proveasal, 30 Land Dec., p. 61 6 ), and February 5, 1902 (Charles l’.
Maginnis. 31 Land Dec., p. 2 22), promulgated’ decisions authorizing
the location of surveyor-general’s certificates, agricultural college land
scrip, and military bounty land warrants upon lands that had thereto­
fore been offered at private sale, and therefore were subject to location
J ?™ s ^ h certificates and warrants, notwithstanding the said act of
March 2, 1889 ; and
Whereas the honorable Secretary of the Interior, on June 20, 1907
(Lawrence W. Simpson, 35 Land Dec., pp. 399 to 6 0 9 ), reversed the
wo dec s ^ of hij. Department thus previously promulgated by it and
adecision in which he stated “ That there can be no
?inP rr ! ngt ts acquired in defiance of law. The only power of the
a
h
Land Department to dispose of public lands * • * is bv act of
Congress. When it develops that a departmental construction^ is erro­




March 16,

neous, the improper construction can not be further allowed and the
will of Congress further overborne by the Executive ; ” and
W'hereas on the 21st day of December, 1907, in the Iloy McDonald
land warrant test case, the ruling in said Simpson case was further
modified so as to authorize the patenting of all entries and locations
made with and under the warrants and scrip above described, the said
opinion concluding as follows :
.
.
“ In the light of the decisions above quoted I am fully impressed that my
plain duty under the circumstances presented requires that recognition
be given to all locations completed under the faith of, and in the light
of, the holding of this Department, where the lands located had not
been at the time of said locations reserved or appropriated to nnv par­
ticular purpose, and in which no question as to the right under ihe lo­
cation is raised, except that the land located is without the limits of
the State of Missouri. There should be included within this protec­
tion those who, prior to the decision of June 20, 1907, entered or
located lands under the paragraph in the original Simpson decision,
hereinbefore quoted, and you will give such orders or directions as
will carry into effect the conclusions herein reached;
and
Whereas by reason of said respective decisions of the Interior De­
partment many locations have been made and patents issued upon
the faith of the rulings in the Provensal and Maginnis cases, and sub­
stantial rights and equities have accrued to the patentees and entrymen, which have been recognized and upheld by the latest ruling in
the McDonald case supra ; and
W’hereas by reason of the diversity and conflict of the various rul­
ings above recited, it i3 equitable and proper that the titles acquired
under the decisions above referred to should be quieted and confirmed
as against any future change in decision, or collateral attack: Now,
therefore,

Mr. KEAN. I should like to ask why any preamble is necessary?
Mr. McLAURIN. I do not see any necessity for a preamble,
but I do not see that it can do any barm.
Mr. KEAN. It seems to me to be most of the bill.
Mr. McLAURIN. Y es; it was most of the original bill, and
new preamble was put in by the Committee on Public Lands,
ts I said, I do not see any necessity for the preamble, but I can
lot see that it can do any barm.
Mr. KEAN. I ask that the preamble be stricken out
The VICE-PRESIDENT. The question is on agreeing to the
ireamble.
The preamble was rejected.
The title was amended so as to read: “A bill for the relief of
^patentees and locators of military bounty land warrants, agri­
cultural college laud scrip, and surveyor-general’s certificates.”
CLAIMS OF ROMAN CATHOLIC CHURCH IN PHILIPPINE ISLANDS.
Mr. LODGE. I ask for the present consideration of the bill
(H . R. 16143) to provide for payment of the claims of the
Roman Catholic Church in the Philippine Islands.
The Secretary read the bill, and there being no objection the
Senate, as in Committee of the Whole, proceeded to its consid­
eration. It proposes to appropriate §403,030.19, to be paid to
the Archbishop of Manila, in the Philippine Islands, as the
representative (and trustee) of the Roman Catholic Church in
the islands; and the acceptance of this sum to be in full satis­
faction of all claims for use and occupation of the property of
that church in the islands and for damages done thereto by
the military forces of the United States prior to January 15,
3906.
The bill was reported to the Senate without amendment,
ordered to a third reading, read the third time, and passed.
LETTERS PATENT.
Mr. SMOOT. I am directed by the Committee on Fatents, to
whom was referred the bill (H . It. 15S41) to amend section
4896 of the Revised Statutes, to report it with an amendment
in the nature of a substitute, and I ask that it be substituted
for the bill (S. 3971) to amend section 4896 of the Revised
Statutes, being Order of Business 321 on the Calendar.
The committee amendment is in conformity with the wishes
of the Senate in regard to a similar bill.
The VICE-PRESIDENT. Without objection. Senate bill 3971
will be indefinitely postponed and the House bill just rei>brte<l
will take the place of the Senate bill on the Calendar.
Mr. SMOOT. I ask for the present consideration of the
House bill just reported by me. As I stated, the amendment
conforms to the wishes of the Senate in a similar case.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill.
Mr. KEAN. Do I understand that this is a substitute bill?
Mr. SMOOT. It is exactly the same bill as the House bill
with the exception of striking out the objectionable part to
which the Senate objected the other day.
The VICE-PRESIDENT. The Secretary will read the amend­
ment.
The S e c r e t a r y . The committee proposes to strike out all
after the enacting clause and to insert:
That section 4896 of the Revised Statutes he, and the same is hereby,
amended so that the section shall read as follow s:
“ Skc 4896. When any person, having made any new invention or
discovery for which a patent might have been grunted, dies before the
patent is granted the right of applying for and obtaining the patent
shall devolve on his executor or administrator, in trust for the heirs

1008,

CONGRESSIONAL RECORD— SENATE.

3627

Mr. TAYLOR introduced a bill (S. 0239) for the relief of under this act shall continue in office for the terms of three, four, five,
Aaron D. Bright, which was read twice by its title and, with six, seven, eight, nine, ten, and eleven years, respectively, from the
1st day of July,
1908, the term of each to
by
the accompanying paper, referred to the Committee on Claims. the 1 resident; butA. D. successors shall be appointed be designated ten
their
for terms of
Mr. SIMMONS introduced a bill (S. 6240) for the relief of years, except that any person chosen to fill a vacancy shall be appointed
the estate of Hardy H. Waters, deceased, which was read twice only for the unexpired term of the Commissioner whom he shall suc­
ceed. Any Commissioner shall be removed by the President for ineffiby its title and referred to the Committee on Claims.
C iuT’ neglect of duty, or malfeasance in office. No person shall be
ia
He also introduced a bill (S. 6241) for the relief of the heirs eligible to appointment as a Commissioner under this act who is a Sena­
of D. W. Bell, deceased, which was read twice by its title and, tor or Representative of the United States or is a Senator or Repre­
sentative elect of the United States at the time of his appointment. No
with the accompanying papers, referred to the Committee on two of said Commissioners shall be resident in the same United States
Claims.
judicial circuit. Not more than five of said Commissioners shall be
Mr. GALLINGER introduced a bill (S. 6242) for the estab­ members of the same political party. One of said Commissioners shall
have a practical knowledge of the manufacturing industry; one of said
lishment of a probation and parole system for the District of Commissioners shall have a practical knowledge of agriculture; one of
Columbia, which was read twice by its title and, with the ac­ said Commissioners shall have a practical knowledge of the import busicompanying paper, referred to the Committee on the District ness; one of said Commissioners shall be a representative of labor; one
Conmnssioners shall be a lawyer who has made a special study
of Columbia.
of the tariff jaws and customs practice in the United States; one of
Mr. KITTREDGE introduced a bill (S. 6243) granting an said Commissioners shall have a made a special study of domestic and
increase of pension to James H. McAllister, which was read foreign tariffs and commercial reciprocity; one of said Commissioners
*
-j
.erI knowledge of costs of production and accounting; one
twice by its title and, vvitli the accompanying papers, referred or asaid Te exP
Commissioners shall be a trained statistician who has made a
to the Committee on Pensions,
special study of prices in domestic and foreign m arkets; one of said
Mr. GAMBLE introduced a bill (S. 6244) authorizing the Commissioners shall be an eminent economist who has made a special
study of wages and cost of living. No vacancy in the Commission shall
allotment of lands to Jennie La Fevre and her five children, impair the right of the remaining Commissioners to exercise all the
and issuance of patent therefor, which was read twice by its 2 ? !f2 .™ 0 *
Commission. Each Commissioner shall receive a salary of
810,000 per year.
title and referred to the Committee on Indian Affairs.
S e c . 2. That said Comlnission as soon as qualified shall without deMr. OWEN introduced a bill (S. 6245) to pay the estate of
iay meet for organization in the city of Washington, in the District
Anna Irons, deceased, for beef cattle furnished the United of Columbia, and it shall organize by the election of one of its number
States Army during the war of the rebellion, which was read to be chairman and one of its number to be vice-chairman. The Com­
twice by its title and, with the accompanying paper, referred mission shall appoint a secretary and such other employees as it may
find necessary to the proper performance of its duties and fix the salary
the Committee on Claims.
or compensation of each. Until otherwise provided by law, the Com­
mission may select and rent suitable offices for its use, and shall have
fe also introduced a bill (S. 6246) authorizing the Secretary
rof the Interior to set aside certain tract of land for town-site •authority to procure all necessary office supplies. The expenses of the
Commission, including necessary expenses for transportation incurred
purposes, which was read twice by its title and referred to the by the Commissioners or by their employees, under their orders, in
making any investigations or upon official business in any other place
Committee on Public Lands.
He also introduced the following bills, which were severally than the city of Washington, shall be allowed and paid upon presenta­
tion of vouchers therefor, approved by the chairman of the Commis­
read twice by their titles and referred to the Committee oil sion. The principal office of the Commission shall be in the city of
Pensions:
Washington, where its general sessions shall be held; but whenever
A bill (S. 6247) granting a pension to Frank E. Bales; and the convenience of the public or the Commissioners may be promoted
or delay or expense prevented thereby the Commission may hold its
A bill (S. 6248) granting an increase of pension to Napoleon sessions in any part of the United States. It may, by one or more of
the Commissioners or its employees, prosecute any inquiry necessary to
i Bonaparte Breedlove.
v
Mr. H ALE introduced a bill (S. 6249) granting an increase of the performance of its duties in any part of the United States or in
any foreign country: Provided, That not more than four members of
pension to Hannah T. Maddox, which was read twice by its said Commission shall he absent from the United States at
one
time.
title and referred to the Committee on Pensions.
Sec. 3. That the Commission hereby created shall have authority,
and it is hereby directed to ascertain the difference in the cost of pro­
Mr, FRAZIER introduced a bill (S. 6250) for the relief of
ducing articles of the same, or substantially the same, quality and
Lottie Bowman, which was read twice by its title and, with the kind in this country and in competing foreign countries. The Com­
accompanying papers, referred to tiie Committee on Claims.
mission in such investigation shall ascertain, In connection with the
He also introduced a bill (S. 6251) for the relief of the heirs several articles covered by its reports in the United States and in com­
peting foreign countries, the wages, the hours of service, and the effi­
of Benjamin Fugitt, deceased, which was read twice by its title ciency of labor employed, and the standards of living of such laborers.
and, with the accompanying paper, referred to the Committee The Commission shall ascertainthe cost of raw material, the cost of
labor, the fixed charges, depreciation upon the true value of
the
capital
on Claims.
invested, and all other items necessary to determine the true cost of
Mr. D EPEW introduced a bill (S. 6252) granting a pension the finished product. Said Commission shall ascertain the market con­
to the minor children of John ,T. Campbell, which was read twice ditions and the prices at which protected products of the United States
*>y its title and, with the accompanying paper, referred to the are sold in foreign countries as compared with the prices of products
sold in the United States. The Commission shall investigate the effect of
Committee on Pensions.
transportation rates upon the markets and prices of dutiable products
Mr. OVERMAN introduced a bill (S. 6253) for the relief of the relation between Government revenues and tariff schedules, and shall’
the Catholic Church in Washington, N. C., which was read twice pursuant to the purposes of this act, in so far as practicable make an
investigation of all questions and conditions relating to the agricultural
by its title and referred to the Committee on Claims.
manufacturing, raining, commercial, and labor interests with reference
Mr. BOURNE introduced a bill (S. 6254) granting a pension to the tariff schedules and classifications of the United States and of
foreign countries. Said Commission is authorized to call upon any de­
to Eleanor McDevitt, which was read twice by its title and re­
partment or officer of the Government for any information in the pos­
ferred to the Committee on Pensions.
session of such department or officer and relating to any subject under
Mr. LA FOLLETTE introduced a bill (S. 6255) granting an investigation by said Commission. It shall be the duty of such officer to
Increase of pension to Theron W . Haight, which was read twice furnish the information required. It shall be the duty of said Commission
upon petition, or upon its own initiative by one or more of its members,
by its title and referred to the Committee on Pensions.
from time to time to hold hearings at such places as it may designate
Mr. FOSTER introduced a bill (S, 6257) authorizing the to determine industrial, commercial, and labor conditions in relation
Secretary of War to expend $300,000 in protecting the banks of to the tariff. Such investigation shall be public, except as otherwise
provided herein. The Commission shall, whenever practicable, give
T
ilP Af
------- La., which
.
the Mississippi River ..4 New Orleans, T ~ _1*_ 1 was read at least ten days’ public notice of any and all hearings, and at any
at
twice by its title and referred to the Committee on Commerce. such hearing, whether undertaken upon the initiative of the Commission
TABIFF COMMISSION.

Mr. LA FOLLETTE. Mr. President, I introduce a bill to
create a Tariff Commission and defining its powers and duties.
Some question may be raised as to whether section 5 of the
bill can be incorporated in a Senate bill. I have placed it in
this bill because I believe it is within the constitutional power
of the Senate to originate such legislation. I place it in the bill
for another reason, because it indicates my views upon a cer­
tain proceeding to secure prompt action for tariff reduction.
I shall ask the Senate very soon for time to submit some re­
marks in support of legislation to establish a Tariff Commission.
I ask that the bill be printed in the R ecord,
The bill (S. 6256) to create a Tariff Commission and defining
its powers and duties, was read twice by its title and ordered
to be printed in th e R ecord , as follows:
Pc it enacted, etc., That a Commission is hereby created and shall be
known as the Tariff Commission, which shall be composed of nine Com­
missioners, who shall be appointed by the President, by and with the
advice and consent of the Senate. The Commissioners first appointed


r


or upon petition, any person may appear before said Commission and be
heard, or may be represented by attorney, and may file any written
statement or documentary evidence bearing upon any matter it may
have under investigation : Provided, That said Commission in any in­
vestigation may, upon the request of any witness examined as to any se­
cret process used in the production of any article, take such evidence at
a secret session: And provided, That the testimony of any witness In re­
gard to any secret process shall not be reduced to writing, but that all
other testimony shall be reduced to writing for the guidance of the said
Commission in arriving at conclusions and making reports to Congress
A majority of the Commission shall constitute a quorum for the transac­
tion of business. Said Commission may from time to time make or
amend such general rules or orders as may be requisite for the orderlv
regulation of proceedings before it, including form of notices and thi>
service thereof. Every vote and official act of the Commission shall be
entered of record. Any of the members of the Commission or its see
retary may administer oaths and affirmations and sign notices
S ec . 4. That for the purposes of this act, in the case of articles on
the dutiable list and such other articles as the Commission mav fWiHe
to investigate with a view to determine whether it shall recommend ti nt
the same be placed upon the dutiable list, the said Commission is author
ized to require of any person firm, copartnership, corporation or a Z '
elation producing any such article or articles the production of all bools'
papers, contracts, agreements, invoices, inventories, bills, and docum ent
of any such person, firm, copartnership, corporation, or association A d

'

3628

CONGRESSIONAL RECORD— SENATE.

make every inquiry necessary to a determination of the value of such
property. Said Commission is authorized to require by noi IC
®,,
tendance and testimony of witnesses and the production or an doo s,
papers, contracts, agreements, inventories, invoices, bills, and documents
relating to any matter pertaining to such investigation. . » ucn awenaance of witnesses and the production of such documentary evidence
may he required from any place in the United States at any des »
place of hearing, and witnesses shall receive the same fees as are paid
in the Federal courts. In case of failure to comply with such a notice,
or in case any person, firm, copartnership, corporation,. °r association
shall fail to comply with any of the requirements of this act, the said
Commission shall make a report to Congress of such failure, speciiy „
the names of each person, the individual names of such firm or cop
nership, and the names of the officers and directors of each such coi po
lion or association guilty of such failure, and such report anal
P
y
each particular in which such person, firm, copartnership, corp
•
or association has failed to comply with such requirements, ana
also specify the article or articles on the dutiable list prod
person, firm, copartnership, corporation, or association and
schedule which applies to each such article. The •o^orma
costs of production secured under the provisions of this
t l e ‘dis.
person, firm, copartnership, corporation, or association sha
C I,artO
closed to any business competitor or rival of such person,
> I
nership, corporation, or association.
nor„nns
S ec. 5. That the Commission shall ascertain whether a n ^ P ^ s°th(;
.e
firms, copartnerships, corporations, or associations engagrpement or
production or sale of any dutiable article, cooperate bj *£
, tjje
arrangement of any kind to control production, .P^icf®’ ket ^ e CornUnited States, or to control prices in any foreign ma
•
.
mission shall also ascertain whether any person, Arm, copartner
p
corporation, or association owns or controls such a Proportion of any
dutiable product as to enable such person, firm, c P
eg j’n tj)e
poration, or association to control production, priC® >
‘ g f oreign
United States or to control the price of such product n any foreign
market. In making such investigation the
,fir. jJrDoration
thereof in writing to such person, firm, copartnership,'corp.oration,
or association and afford an opportunity.forJhe.partiesi tc• present
testimony and to be heard in person or by c°uus^ ■
.=
thereto
exists any such agreement or arrangement by which the part es
ie o
unduly promote their advantage, and whenever any person nrnq
copartnership, corporation, or association owns or controls snen a
proportion of any domestic article named on the dut able list as
control the market price of such article, and
undue advantage is
taken in the exercise of such control, then,
either ^ e , the im
position and collection of the duties on the si“ li ^ h13 i p i p s h a l t he
nrovided bv existing law shall he suspended, and such article shall oe
admitted fr e e * !! duty If the cost of labor o f t h e domestic article does
not exceed that of the foreign article.
If the cost of labor ooes
exceed that of the foreign article, such article shall be subjected to a
rate of duty equivalent to the difference in the cost of labor of the
domestic and foreign article: Provided, That in case the price of the
raw material entering into the composition of any such article is
not controlled by agreement or arrangement, the difference between
domestic and foreign cost of the raw material shall be added to the
difference in the cost of labor in order to determ me the rate of duty
In the execution of the foregoing, whenever the Commission shall find
that there exists any such agreement or arrangement by which the
parties thereto unduly promote their advantage, or that any Person,
firm copartnership, corporation, or association owns or controls such
a nronortion of any domestic article named on the dutiable list as to
control the market price of such article, and any undue advantage
is taken in the exercise of such control, and that this advantage is
facilitated by the duties imposed on a like imported article, the ComSh-ill ascertain the difference, if any, in the cost of labor of the
domestic and S m i article, and also the difference, if any, between
the domestic and foreign cost of the raw material entering into the
I l n S r i nf snrh article provided the price of such raw material
fs“ ot controlled by agreement or arrangement between parties, firms,
copartnerships, corporations, or associations, or by any person firm,
copartnership, corporation, or association. In pursuing such investiga­
tions the Commission shall begin with the primary industries Prodncing iron ore, coal, lumber, and other raw material from the natuiul
resources of the country, and shall proceed in consecutive order, as
neariv as practicable, from the industries producing raw material to
the industries producing finished products. The Commission shall im­
mediately report its findings and the evidence to the I resident in the
order of the industries as herein provided, and the President shall
forthwith and he is hereby authorized and empowered to suspend, by
proclamation to that effect, the imposition and collection of the duties
provided by law ou the articles in said industries, and thereupon and
thereafter, as the case may be, said articles shall be admitted free of
dutv or the duties levied, collected, and paid upon such articles shall
he the amount of the difference in the cost of labor as determined
bv the Commission, and in addition thereto the amount of the difference
between the domestic and foreign cost of the raw material as deter­
mined bv the Commission under the conditions and in accordance with
the provisions hereinbefore specified. Said suspension or reduction of
duty or duties caused by proclamation of the President shall remain
in force until removed or modified by Congress.
S ec 6 That immediately upon effecting its organization the Com­
mission shall proceed to investigate and ascertain the cost of produc­
tion. as defined in sections 3 and 4 of this act, of the articles included
in the iron and steel schedule of the act of July 24, 1897, and shall
report its findings thereon, so far as ascertained, to Congress not later
than the first Monday in January, 1909. Said Commission shall likewise proceed as rapidly as possible with the investigation of the other
schedules of said act with a view to reporting its findings thereon to
Congress at the earliest practicable date.
S ec . 7. That said Commission shall make annual reports to Congress
of its investigations and recommendations, together with the testimony
and information on which such recommendations are based and such
special reports as It may deem advisable. The testimony and informa­
tion so reported shall be accompanied by a complete topical digest or
analysis and by a topical index of all the testimony taken during the
period covered by the report.
Said reports, with the accompanying
testimony, records, and digest, shall be printed as public documents,
lhe annual report shall be published and ready for distribution on the
nrst Monday of December or each year.
« Tha,t
a11 times during the session of Congress a majority
shall be on du*y in the city of Washington for the
purpose of furnishing information and advice to Congress.
June 30 in ™ f ^ rL i3 heret}y aPP/opriated for the fiscal year ending
1900, for the purposes of this act, from any moneys in the




March 20,

Treasury not otherwise appropriated, $300,0 0 0 :
Provided, That so
much thereof as may be necessary shall become immediately available
upon qualification by members of the Commision.
S ec. 10. That all acts or parts of acts in conflict with the provisions
of this act are hereby repealed.

The VICE-PRESIDENT. The bill will be referred to the
Committee on Finance.
PUBLIC LAND SURVEYS.
Mr. HEYBURN. On yesterday I submitted an amendment
providing that all public lands, reserved and unreserved, of the
United States now unsurveyed within the States of Idaho, Ore­
gon, Montana, and California shall be surveyed without regard
to settlement thereon, etc., intended to be proposed by me to the
sundry civil appropriation bill. It is desirable that the State of
Utah be added to the provisions of that amendment. I there­
fore send to the desk the amendment with the addition and
ask that it be reprinted and referred to the Committee on Appro­
priations.
There being no objection, the modified amendment was or­
dered to be printed and referred to the Committee on Appro­
priations,
AMENDMENT TO FINANCIAL BILL,
Mr. LONG submitted an amendment intended to be proposed
by him to the bill (S. 3023) to amend the national-banking
laws, which was ordered to lie on the table and be printed.
PROPOSED UNIVERSITY OF THE UNITED STATES.
On motion of Mr. F r y e , it was
Ordered, That 2,000 additional copies of Senate Document No. 143,
Sixtieth Congress, first session, “ Appeal in behalf of proposed univer­
sity of united States,” be printed for the use of the Senate.

SURVEY OF WOOD RIVER, OREGON,
Mr. FULTON submitted the following concurrent resolution,
which was referred to the Committee on Commerce:
Resolved by the Senate (the House of Representatives concurring),
That the Secretary of War be, and he is hereby, directed to cause a
survey and estimate to be made for a project of improvement of Wood
River from the point where it empties into Klamath Lake, in Klamath
County, Oreg., to the head of navigation, and report the same to Con­
gress.
REPORT OF INLAND WATERWAYS COMMISSION.

Mr. NEWLANDS submitted the following concurrent resolu­
tion, which was referred to the Committee on Printing:
Resolved by the Senate (the House of Representatives concurring),
That there be printed at the Government Printing Office 10,000 copies
of the preliminary report of the Inland Waterways Commission, with
illustrations, of which 5,000 copies shall be for the House of Repre­
sentatives, 3.000 copies for the Senate, and 2,000 copies for the use of
the Commission.

HOUSE BILL REFERRED.
H. It. 16268. An act making appropriations for the payment of
invalid and other pensions of the United States for the fiscal
year ending June 30, 1909, and for other purposes, was read
twice by its title and referred to the Committee on Pensions.
PERSONNEL OF THE LIFE-SAVING SERVICE.
The bill (H. It. 17710) to increase the efficiency of the per­
sonnel of the Life-Saving Service of the United States was read
the first time by its title.
Mr. FRYE. That bill is identical with Senate bill 5604 re­
ported from the Committee on Commerce, and I should like its
present consideration. It will take but a few moments. It has
no retired pay in it and no pension. It increases the salary of
the superintendents $200 a year; of the keepers, $100 a year;
and of the surfinen $5 a month, and in addition gives the surfmen one Army ration, which is worth 30 cents a day. There
is a present provision of law by which in case of the" death of
one of the surfinen his wife and minor children receive his pay
for two years. That is amended by adding to it dependent
mother.
That Is all that there is in the bill. It is not what the Com­
mittee on Commerce reported at a former session, for the bill
then contained retired pay and pension. It was sidetracked by
reason of that provision. On investigation it was believed that
no such provision would meet the approval of both Houses of
Congress, and that this Is the best that can be done. The
Superintendent of the Life-Saving Service says that in his
opinion it will relieve the present distressed condition of the
Service.
The bill was read the second time at length, as follows:
Be it enacted, etc., That from and after the passage of this act the
compensation of district superintendents in the United States LifeSaving Service shall be as follow s: For the superintendents of the first*
second, fourth, fifth, sixth, seventh, tenth, eleventh, twelfth, and thir­
teenth districts, $2,200 per annum each; for the superintendents of the
third and ninth districts, $2,000 per annum each; for the superin­
tendent of the eighth district, $1,900 per annum. That the pay or
keepers of life-saving stations shall be $1,000 per annum each, and tnat
the pay of the No, 1 surfman in each of the crews of the life-saving
stations shall be at the rate of $70 per month.

1908.

CONGRESSIONAL RECORD— SENATE.

3697

various States, and coming from this impartial and disinter­
bill and with its passage through the House. We met with
ested source will also be acceptable as a basis of intelligent
much opposition at that time, because there was very little coal
regulation and agreement between the operators and the miners.
mining in the Territories. A portion of the country now em­
I sincerely hope that the Senate will adopt the amendment
braced within the great State of Oklahoma was the only coaloffered by the Senator from Pennsylvania. I fought for it in
producing region in the Territories at that time. The bill was
the committee. The amendment I introduced provided for an
prepared to protect the lives of miners in that region and in
appropriation of $195,000 for the purpose of making investi­
such other regions as might later develop coal measures. It
gations wherever it was necessary to make them. My amend­
has worked fairly well, but it is far from being a thoroughly
ment was adopted by the committee, but they limited investiga­
effective law. That it should be amended in the light of ex­
tion to the Territories. I said then, as I now say, that I do perience goes without saying.
not believe it ought.to be confined to the Territories alone.
Ih e purpose of the clause of the bill under consideration is
The enormous loss of life is sufficient reason for the appro­
to enable the Congress to secure the information upon which to
priation of this $195,000, but there is still another factor in the
predicate needed amendments. It does not propose the crea­
problem, and one that is fraught with much importance to the
tion of a system of laws to extend over any State of the Union,
country. The mining industry presents for consideration a
but only over the Territories and the district of Alaska. It
serious national problem. During 1907 the coal produced in the will be borne in mind that the poorest developed, the most re­
United States was 450,000,000 tons. The waste which resulted,
cently discovered, and probably the least equipped of the coal
with our present mining methods, in getting this coal out of mines of the country are to be found in the Territories. The
the ground, amount to as much as the entire production. With
bill, as reported from the committee, would confine the investi­
improved mining methods at least one-half of this enormous
gation or the ascertainment of needed facts to the poorest
yearly loss is believed to be easily preventable. This coal is equipped and the least developed of all the coal mines in the
worth at least $1 a ton, or $225,000,000 loss to the country in whole of the jurisdiction.
oue year.
The Senator from Colorado [M r . T e l l e r ] suggests that, owing
At the present increasing rate of mining and waste the best to the efficiency of the Colorado law and the administration
part of the nation’s fuel supply will be exhausted within the tfieieor, the loss of life in the mines of Colorado is less than in
next century; and meanwhile, within the next two or three dec­ any other State in the Union. May we not with propriety in­
ades, the cost of coal to the manufacturers of the country will quire into the high efficiency there reached, for the purpose of
be at least double that at the present time.
better informing ourselves as to our duty to the Territories?
A few years ago, when the cotton-boll weevil appeared in the The mines of Pennsylvania are the deepest of all mines thus
Southern _ States, we appropriated, if I remember correctly, a far developed. Must we stop at the line of Pennsylvania in
half million dollars, and I believe that appropriation was all quest of information because, forsooth, we may by making that
right It was a plague coming upon the cotton crop. The inquiry invade the rights of a State?
Mates could not control it. They did not know how to get at it,
The Senator from Maine suggests that great fires occur,
and we gave an appropriation to carry on an investigation to those visitations coming to all sections of the country. Would
discover means of destroying the boll weevil. No lives were in­ he deprive the District of Columbia, in quest of good fire appa­
volved there. It was simply an investigation to try to aid the ratus, of the privilege of going to Baltimore to examine fire
States in the protection of property.
engines or to New York for the purpose of looking up hooks
Again, for the New England States we gave an appropriation and ladders and equipment in use and found serviceable there?
of something like a quarter million dollars to destroy the gypsy Upon the same principle as that suggested in opposition to this
moth oi to ascertain how to destroy it. No lives were at stake amendment that objection would be raised.
ni this case. It was only a question of protecting property. In
The Senator from Indiana suggests that we have made inves­
view of the long list of precedents where Congress has made tigations with reference to the boll weevil. The Senator from
appropriations for investigations purely where property inter­ Maine would confine investigations as to the boll weevil to the
ests were at stake, certainly in this instance, where not only Territories over which we have exclusive jurisdiction, and when
property but life is at stake, the Congress of the United States Mr. Poll Weevil got up to the State line the investigator would
can afford to make this small appropriation.
have to let him go on his way without any further investigation
The Senator from Maine says that this is not a matter of at all. Whenever the gypsy moth reached the line of a State
Interstate interest. If the coal supply of the country is not a lie would pe free from further interference by the Federal in­
matter of interstate interest, what can be? Our great indus­ spector or scientific man, because, forsooth, if he observed him
tries can not run without the fuel that is dug out of the mines; any further we might invade the rights of the States.
and certainly if there is any one industry in the country which
Now, in this particular case it is of supreme importance that
affects all of the people of the United States, it is the mining the best thought of the country on the subject of safety in min­
industry, which furnishes the fuel in the homes and in the fac­ ing, particularly for coal, shall be at the disposal of Congress.
tories which produce the articles of interstate commerce.
I should like to see this national law, as applied to Territories,
Mr. President, I think I have been fairly conservative as to made a model law which might with justice and with profit to’
appropriation bills. Before I came to this body I had some­ the States be adopted by them all. I f we confine, as the bill
thing like ten years’ service in connection with appropriation does, the investigation to the Territories and to the district of
buls elsewhere. I do not believe anybody ever charged me with Alaska, we will get little or no information. Probably all the
being reckless in handling those bills, and I am not reckless information obtainable in the district of Alaska and the Terri­
jvhen I ask the Senate to assist this great industry which af­ tories is now on file in the office of the Secretary of the Interior
fects us all, where life is being lost at an enormous rate, where or one of his bureaus. What we do need in oi’der to legislate
the country is losing millions of dollars annually through intelligently for the Territories is knowledge which can be ob­
waste, and authorize the investigation proposed. If the amend­ tained only by a wide range of investigation; and the Senator
ment offered by the Senator from Pennsylvania is adopted, then from Pennsylvania has performed a service for the Senate, I
the original language of my amendment as originally drafted think, in moving to strike out the words “ in the Territories
and in the district of Alaska,” and that, be it known, is all the
18 restored in the form in which I think it should pass*.
Mr. CARTER. Mr. President, ordinarily I have very great amendment proposes, and those words are only stricken out in
sympathy With the views of the Senator from Maine [Mr. connection with the direction to investigate. Let me read the
U a l e J as expressed, and the desire as manifested, to keep the amendment as it now reads and as it would read if the amend­
federal Government fairly within the range of its legitimate ment of the Senator from Pennsylvania were adopted. This
functions. We have had all sorts of experimental work pre­ item is :
For continuing the work authorized by the net approved March 3
sented for our consideration, and the latest is not more extravafinnt than some that have gone before. A gentleman suggested 1891, and for the protection of the lives of miners In the Territories
and in the district of Alaska, and for conducting such investigations
that the naturalists had announced, and doubtless correctly, In the Territories and in the district of Alaska as will Increase'safety
that the birds have not improved their nests in a thousand and efficiency in mining.
years; that they were manifestly uninformed of the advance of
The Senator proposes to strike out “ in the Territories and in
modern science, and that something should be done in the way the district of Alaska,” so that it will read “ and for conducting
° f preparing legislation to enable the birds to improve their such investigations as will increase safety and efficiency in
nests. We have ventured upon many a field quite as impracti­ mining,” be the mining conducted where it may, within the
cable as arranging for the improvement of birds’ nests.
jurisdiction of the country or anywhere else in the" world.
But, Mr. President, this, to my mind, is not a departure to
I think the amendment of the Senator from Pennsylvania
he classified in that category. The act of 1891 originated in a should be adopted, and if it is not adopted, this proposal to
committee of the House, of which I happened at the time to be make an appropriation for an investigation confined to Alaska
chairman, and I had something to do with the framiug of the and the Territories should be stricken out, because it will be
X L II------ 232




CONGRESSIONAL RECORD— SENATE.

3698

Makch 21,

Of course it may occur, even to the Senator from Maine, and
to every other Senator, no matter what his views may be upon
the proper functions of the State and Federal governments,
that we now have and for many years have had appropriations
for the Department of Commerce and Labor to enable it to
send special investigators to foreign countries to investigate
manufacturing, to investigate many things that concern the
commercial development of those countries which are our
rivals, and to maintain that we may make such an appropria­
tion for such an investigation in foreign countries and yet can
not make an appropriation for a more necessary investigation
in onr country is a contradiction in terms.
It has been pointed out, and it is not necessary for me to re­
peat, although I have the laws here— the appropriation law of
last year and the one for the year before that— that this has
been the uniform practice; and when the Senator from Maine
said that there never had been a time when one of these appro­
priations was proposed that he had not resisted it, even if it
was necessary to stand single-handed and alone, like Horatio at
the bridge, I had almost asked him whether or not, when an
appropriation was proposed to investigate the ravages of die
gypsy moth in New England, to which my colleague called atten­
tion, he had been watching for the dangerous encroachments of
the Federal power. I do not think the records will dislose it.
Nor has any Senator from the other section of the country
been found to resist the appropriations to investigate and stop
w
m
s s
the ravages of the boll weevil. It was at that time their own
does^ot relate to the States In any way. It does not ray that
crops which were imperiled by the boll weevil in the South,
they shall go Into the States. It does not haye
just as the trees and crops of New England were imperiled by
to the States. It Is true, I suppose that most of the t a v e a t.^
the gypsy moth in the North. Then we have investigated the
injury wrought by cattle ticks; we have provided for the inspec­
s i t S „ “y tion of guaranteed cattle; we sent physicians to investigate the
Yellow-fever mosquito in New Orleans, and nobody discoi or ed
Federal encroachment in any of them. We have not attacked
agricultural experiment stations in States and many other
things.
.
. . .
found, either in this country or in any other countiy.
So, Mr. President, it becomes clear to all of us even on half
Mr. BEVERIDGE obtained the floor.
of a second thought that the danger of “ Federal encroachment ”
OWEN. Mr. President-----„
.
„
largely depends upon whose ox is gored. But this is au evil
Mr. BEVERIDGE. I yield to the Senator from Oklahoma.
/" A i r OWEN. Mr. President, I wish to give my adherence to [that is not confined to Texas, like the boll weevil, nor to New
England like the gypsy moth. It affects the entire Republic.
/the amendment proposed by the Senator from
It not alone concerns property; it does concern property, but
I fMr K nox I. In Oklahoma we have had many most senous
accidents in coal mines. I do not regard this amendment as in­ also it concerns human life as well.
Does anything more need to be said than that if, without
vading in any degree the rights of any State any more than
the Weather Bureau invades the rights of the States of the objection, we made appropriations to send special agents to
Union w e have this information with regard to the weather, every European country that is our rival to investigate manu­
facturing there, to investigate every form of commercial ac­
obtained by stations from one end of the country to the other
for the information and for the welfare of the people of the tivity, we surely can do the same thing in our own country <
I had wondered when the Senator from Maine turned so
United States. There is only one point in ^
proposed amend­
pathetically to the Senator from P ennsylvania, regretting his
ment, and that is as to where these investigations shallbe
.
apostacy to what he regarded as a mutual platform of con­
1 Tbe original act confined the investigations to New Mexico,
servatism, and said “ Et tu, Brute,” that he did not add
1 Arizona, and Alaska. This amendment leaves those im estithe remainder of the quotation and say: “ Then fall Caisar.
|gations to be made wherever it may be found piofitable a
[Laughter.]
. . .. ...
Air. NEWLANDS.
Mr. President, I assume that if this
The fuel bill of the United States amounts to about sixteen amendment is to be adopted it will become a law under one
hundred million dollars. The output of coal amounts to 4o0,of the granted powers contained in the Constitution. I favor
I 000,000 tons per annum. The waste m the mines of the United
the amendment, and I must confess that I was somewhat sur­
I States amounts to nearly 400,000,000 tons a matter of very
prised to find that the Senator from Georgia [Mr. B acon ]
1 great national importance; and while the purpose of the favored it. The other day when I was urging upon this floor
; original act is to protect the lives of the miners and to promo e the proposition that State banks are engaged in interstate com­
• their welfare in the Territories, when this information shall merce just as State railroads are, that interstate exchange is
: have been gathered together It will serve a most useiPul pur­ a part of interstate commerce just as interstate transportation
pose in protecting the lives of mmers throughout the Dmted
is that if under the granted powers regarding interstate com­
States, because that knowledge will be available foi e%ery merce Congress could take hold of a State railroad and apply
State in the Union,
. . . . . .
safety appliances, it could also take hold of a State bank and
I call the attention of the Senate to the fact that last year
apply the safety appliances of an adequate reserve and a suffi­
there were 9,000 persons killed or wounded in the mines. 1 his
cient capital, I was met by the Senator from Georgia with the
is a very important national matter, affecting the life of
.
question as to what there was in the whole range of legislation
citizens and affecting the conservation of our natural resouices that I would not include within the interstate-commerce power
in coal and fuel. Therefore, I think the need is apparent, and
of the Constitution. Now I assume------that the Government ought not to be confined in its investiga­
Mr. TELLER. Air. President-----tion to the limited area of the Territories, but that it should
Mr. BACON. I hope the Senator, in reply-----be at liberty to make inquiry wherever it may be, for the pur­
The VICE-PRESIDENT.
Does the Senator from Nevada
pose of getting the information necessary for the use not only
of the Government in the Territories, but for the use of the yield to the Senator from Colorado?
Air. NEWLANDS. Certainly.
..... ~ ir
L"
different States in the Union.
Mr TELLER. I wish to ask the Senator a question, if I do
Air. BEVERIDGE. Air. President, until the Senator from
Georgia [Mr. B acon ] had spoken I had intended to occupy one not interfere with him. Is there anything the Senator would
-or two minutes of the Senate’s time in commenting upon the not include in the power of the Government to regulate intertp oommPTCC^
statement of the Senator from Alaine [Air. II ai .e ] ; but since the
Air. NEWLANDS. That is the question the Senator from
Senator from Georgia, that sleepless and most watchful sentinel
upon the ramparts of States rights, sees no peril in this investi­ Georgia asked me the other day, and I was alluding to it.
Mr TELLER. I wish the Senator would answer it now.
gation, I suppose it is not very necessary for any person who
Mr BACON. I want the Senator to state the answer which
advocates this most humane appropriation to say anything
he gave at that time. I will state it now, with his permlsiicn.
further.

fruitless and futile, as we have on hand all the information
which could be elicited by any such investigation.
Air. BACON. Mr. President, I desire to say only a word. I
do not suppose there is any Senator who will accuse me o
being indifferent to the question of the encroachment by the
Federal Government upon States rights or privileges or pre­
rogatives. I do not think the amendment of the Senator from
Pennsylvania [Mr. K n o x ] involves that question. If I did, I
should be very cautious in giving it my support. I think it is
wide of that question. The presentation made by the benator
from Montana [Mr. Carteb ] so correctly states my v m jstm M
I do not think it necessary to repeat in any mf.as^r® V 1
l
„„
has said. I think it relates simply to an investigation a
has been very clearly stated by the Senator
‘
t0 ^
H e m e w a y ] it relates to a matter entirely c o r r e i? ^ ^ a t io n s
good many things as to which we have made
relating to different industries; one in which I th ' ° £
proceed without danger of the <ncroachment which has Men
e
suggested by the Senator from Maine [Mr.
I am very glad to welcome expressions such as maae oy ine
Senator from Maine as to the great importance of preserving

I S




'

5 k

ssrr?«!is

;«

m
a
y

1908.

CONGRESSIONAL RECORD— SENATE.

3863

whatever by the law. It may loan it to the street-corner specujator, or it may loan it upon any securities that it would loan pelled to carry reserves against their paid-up capital as wp II
what might be termed its free money,
th ou S i^ n -1! ^ d??osits; but Ter- soon the speculative interest
V
r
lliere is nothing in the reply that banks must carry a fund noid-nn* I f f ? ! ; to reIieve that sum represented by the
P_„i p
f,capi*al o£ the burden of carrying the reserve. Then
against whmh to make exchange and draw drafts. That is a
diilerent class of money. That is free money, as distinguished s f r r p ' n ^ th°ught they Could reIa* the stringency of the re1
°
l,
rc'Serve money, and it does not enter into the con­ a / a ? n s f Z Sp°v bf G Unting the ^ m p t i o n fund of 5 per cent
e circulation as a part of the reserve. Then, again
sideration or this question at all. The bank may carry that in
the shape of a credit upon the deposit of securities, or it may they thought they could relax it a little more by counting clear­
cairy it upon the strength of actual money deposited, but it is ing-house certificates as a part of the reserves
j\one of that legislation should have been enacted
no part of the consideration of this bill. Out of the several
hundred letters and answers which I had in regard to the wis­ T l 'n a r t * ? ih
a,l0We,i ‘ ° r nt
5 W ? cent1redemption t o d
dom or allowing the lawful money reserves to be deposited in “ i i S ? f S n. T r7eS’-,b^ D
S,s' m der D° condition that may
i W *\or? ’ “ ore £ban a dozen ° f tlie bankers gave as a reason nO ch „ U l m - „ ?,d 1 ’ai ab 6 !,s a
a'
*Cc purposes for
why that they must have a fund in New York against which wmen a reserve fund is required to be carried.
to draw exchange and drafts, illustrating how illy advised they as a nTrt of
alI£wed to
clearing-house certificates
v eie as to the nature of the reserves, how competent they were p u ? p o £
\
bec£mse they were to use them for the
?iSL t0r which a reserve fund is to be used, then thev
<S
to protect the money of their depositors. In those cases I took
care to write them suggesting that they had mistaken the class house ,b \ r PelIe<i t0 make g00d tbeir credit in the clearing
r
and the character of these deposits and that I was not referring They would hp ! t ?G ° f the Same fund that
X?
are swelling,
r L tn' V r5 e*m x?ey wMcl1 mi» bt be made available for that pur­ in the^the?— shiftm1 f l f Pneyv,0Ut ° £ one poeket ancl Pitting it
?
pose, but to the money that was a fund held sacred to pay
What the h t l .™ tbei.r.1
cbange £rom one hand to the other,
depositors up to the last dollar.
mands i s i f i S T S i
of tbe coimt^
aa< de­
*
No bank should be allowed to close its doors against the payvalue of money, a*nd ^ertaintv n ft l ^0 1 m° n° y’ certaiQty
the
ment of money due its depositors so long as it has a cent avail- tributed With thnso Thvn1 t n tbe aw under which it is dis1
ao e tor that purpose; and every cent that it has is, under the
C 6fUlly
f
law, available for that purpose. To enact a bill upon the ques­ in
tion of finance at all at this time and to fail to so amend the ex­ that did not originate from the tilting of th e T b le ttc shifting
isting law in regard to this very subject, out of which the late
centratfonTf ? L mH E ? !
itS lawful boands’ tbe com
financial flurry grew and which was the origin of it, seems to me cent ration or the money of the country into centers and into
would be to fail in the performance of our duty.
w
IM i T S t? at “ ake if a v a i l a b l e to those to whom^t bm
longs and to whom the right to use it belongs.
M i. BEVERIDGE. W ill the Senator from Idaho permit me
to ask him a question?
+in1 r'0fPfh fi c
p
!ent’ f I •
would1 aot bave occupied so much of the
, iike yJC'R-PRESIDENT. Does the Senator from Idaho yield
fwa ein exp aiam or P
tT
g
resenting this amendment
to the Senator from Indiana?
l
i
n d6Gm l£ absolute]y essential that some legisMr. HEYBURN. Certainly,
Affprna°Ktb S klIld/ rePresented by the amendment which I have
Mr. BEVERIDGE. I want to ask the Senator a question for offered, be enacted now as a part of this bill. There is not an­
other provision in this bill remaining to-day that is of any
fthmuTh1 !?* f , S .1* fbe Senator’s position that the reserves
0
I
should be kept in the banks intact and not invested in anything? U S * to tbe country. There is no condition existing to-day
Ration providing for the issuance of an emer­
Mr, HEYBURN. Not be invested at all.
gency currency.^ As I said on a former occasion, in speaking
Mr. BEVERIDGE. Be just simply held there?
Mr. HEYBURN. Yes.
la £ n W p fluestion, we are only offering a temptation to speem
Go ahead, jump into deep water, and we will
Mr. BEVERIDGE. I understood that to be the Senator’s P if'v i fv,Say’
position. Now, the question which occurred to my mind was, provide the means of getting you out,” and just as surely as
Whether or not that would not lock up from circulation a very danger°Vlde the“ ^
meanS ° f escape they wil1 run
the
great quantity of money throughout the country, and might it
not result in a very serious contraction. That is what I wish to . . . P f ’ President, I do not know that the committee having this
1 1 in charge will give any favorable consideration whatever to
ask the Senator.
Mr. HEYBURN. I shall reply to the Senator from Indiana. this amendment, because my impression is that the committee is
i.n T
a
of retajning the reserves as provided by this amend­
That has been the proposition with which we have always been
met— that it would lock up the money. It would lock it up ment; but I can not let this bill go out to the country, if it is to
against certain uses; but it would hold it sacred and free ami go out, or go out of this Chamber with its approval, without pre­
senting this question of the lawful money reserves and the ab­
liberal for other uses.
solute necessity for maintaining their integrity aS real reserves
Mr. BEVERIDGE. I understand th at; but the question that
occurred to my mind as the Senator spoke of it was, if the re­ as contradistinguished from the phantom and fiction that is
to-day called the lawful money reserve of the national banks.
serves were kept intact and not used at all, if they were held
M r.A L D R IC H . Mr. President, there is a great variety of
there against the possible demand on the bank at some time,
reasons why the amendment of the Senator from Idaho fMr
whether or not a very large sum of money would not be taken
H eyburn ] should not be adopted. I will only take the time
out of the uses of commerce?
or me Senate for a few moments in calling attention to two of
J lie Senator certainly knows— I do not— how much money
them, which, in my judgment, are indicative of the character
in the aggregate throughout the country would be required to of the amendment as a whole.
keep these reserves intact. IIow much would it be, I will ask
In the first place, the Senator from Idaho proposes to reduce
the Senator?
the reserves in the banks in the central reserve cities, St. Louis,
Mr. HEYBURN. Substantially $900,000,000. That is near
New York, and Chicago, from 25 to 15 per cent. Such legis­
enough.
lation would be extremely unwise.
im ' nd! nZ
m
So fbat Pr°Position would be to lock up
In the next place, the Senator from Idaho proposes that the
$900,000,000 at least from the use of the people?
reserves in the banks shall be in lawful money of the United
Mr. HEYBURN. It would not lock it up from the use of States, and in nothing else. “ Lawful money of the United
the parties who deposited it, but it would simply withdraw it
States ” is gold coin, silver dollars, and legal-tender notes. The
from a certain class of use or investment. It would make it national banks held at the last report $300,000,000 of these,
available for a more useful purpose on the part of the owners and, if the Senator is correct in his statement that $900,000,000
of the money, whether you count the bank or the depositor are required, he would have to take out of circulation or find
the owner of it. It simply says that you shall not speculate somewhere $600,000,000 of gold coin, silver dollars, and legalwith this money beyond a certain margin.
tender notes, which are not in existence now or are in use"for
Now, bear in mind, Mr. President, that there is, first, $900,- other purposes, and put them into the banks of the country.
000,000— and I use those figures because they are close enough;
I think those two statements are sufficient to convince the
they are approximately the average figures— there are $900,- Senate that the amendment ought not to be adopted.
000,000 that are supposed to be in existence as the paid-up
Mr. HEYBURN. Mr. President, I can not allow that state­
capital of the national banks, which is presumed to have been ment to go unchallenged. There are approximately four thou­
paid up when the banks organized and opened their doors for sand million dollars in actual money in the United States—
business. The law requires the Comptroller of the Currency to lawful money.
know that it is paid up as a matter of fact. It may be that
Mr. ALDRICH. That is within a thousand million dollars
sometimes a part of that is in promissory notes, but whether of the correct amount.
*
Jt is or not, they are supposed to be good, and there are $900,Mr. HEYBURN. I have the fluctuating figures, and have
°00,000 that the banks are at liberty to do as they please with. them from the same source as has the Senator from Rhode
When the banking law was first enacted, tbe banks were com­ Island, When I say four thousand millions, I am accord-




CONGRESSIONAL RECORD—SENATE.

3864

ing to some estimates, below the real amount, and, accord­
ing to others, above it.
It is near enough, however, for the pur­
pose of demonstrating what I propose to say briefly.
Mr. President, I had intended to include national-bank notes
in this amendment as a part of the available money for re­
serves. It is charged that to do so would be to favor a process
of possible inflation that would be dangerous and unwise.
Therefore, there being less than three quarters of a billion dol­
lars o ftM it class of money— national-bank notes— I concluded
to Jnclm e in the amendment only lawful money of the IT
>we hayajn^xist^nce and ^circuTjpiop, aeco

M

a r c h

25,

The VICE-PRESIDENT. Does the Senator demand the
yeas and nays?
Mr. H EYBURN. I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. McENERY (when his name was called). I am paired
with the junior Senator from New York [Mr. D e p e w ] , but I un­
derstand that he would vote “ nay ” if he were present There­
fore I vote “ nay.”
M j. SIMMONS (wheq^hts mrfno^-as c a lle d ) . X am p aired
'h e 'ju n io r Sena^sr frp^T tf&Lnpsota. JMr. C l a p p ] . I do

this question, but if lie were here I should vote “ nay,
___________ _ fo'meet the requirements of 15 per cent reserves
Mr. WARNER (when Mr. S t o n e ’ s name was ca llerf). My col­
as provided in this amendment.
r
I have not failed to take into consideration the ^nlume or league [Mr. S t o n e ] is necessarily absent He is paired with the
r from Wyoming [Mr. C l a r k ] .
money in determining in my judgment the wi
REN (when his name was called). I have a gen­
posed legislation. W e have as free money ii£
eral pair with the senior Senator from Mississippi [Mr. M o n e y ] ,
and above the amount that would be required for* money reserves under the provisions of this_ amendment moie but by arrangement I transfer that pair to the Senator from
than two thousand million dollars in circulation.
. « Minnesota [Mr. C l a p p ] so that the Senator from Minnesota will
It has always been true that when it was proposed ^ create a stand paired with the Senator from Mississippi, and I vote
“ nay.”
safeguard for the real owners of the money deposited in t
Mr. SIMMONS. In pursuance of the transfer suggested by
banks, that these technical objections would be raised m the
terest of throwing all the money into the specuiative caldro . the Senator from Wyoming [M r . W a r r e n ] , I am released from
W e have always been met with that proposition. Is there noth­ my pair, and I will vote. I vote “ nay.”
The roll call was concluded.
in^ but speculation to be taken into consideration in determining
Mr. CLAY. I announce that my colleague [Mr. B a c o n ] is
a great question of this kind? The restful prosperity and
wealth of the people is of the first importance. It is only a absent from the Senate by order of the Senate, attending the
very small proportion of the people that are engaged in or in­ funeral of the late Senator from Florida [Mr. B r y a n ] . If my
terested in speculation, or in business of a sPeci]lat^ , c^ r^ ®li colleague were present he would vote “ n a y ” He is paired
The people of the United States carry in their pockets at all with the senior Senator from Montana [Mr. C a r t e r ].
Mr. BRIGGS (after having voted in the negative). I have a
times at every hour of the day or night— in their pockets and
tills— more than a thousand million dollars that goes into no general pair with the Senator from Maryland [Mr. R a y n e b ] .
bank that is in the immediate custody of the individuals of the When I voted I did not notice that he was not In the Chamber.
country. Those figures are approved by all financial statis­ I do not know how that Senator would vote if he were present,
ticians and writers in this country. The amount is often fixed and therefore desire to withdraw my vote, and be recorded a3
being paired with the Senator from Maryland.
in excess of a billion dollars. It is safely that much.
On the basis of three billion dollars, or three thousand mil­
The result was announced— yeas 2, nays 58, as follows:
lions, more correctly speaking, there is still, after tying up, as
YEAS— 2.
____________ you call it, all these reserves and deducting the cash m the Gore
Heyburn
pockets of the people, another thousand million of dollars free
NAYS— 58.
Cullotn
money with which to do business, making four thousand million Aldrich
Guggenheim
Overman
Ailison
Curtis
Paynter
Hemenway
dollars that the country has in actual cash. It does a business
Ankeny
Dick
Hopkins
Perkins
through its banks representing a credit of four dollars for Bankhead
Dillingham
Piles
Johnston
every one in cash. The credit of the individual and the Beveridge
Dixon
Richardson
Kean
Dolliver
Simmons
Knox
credit of the people, as a whole, is money just as much as coin Bourne
Brandegee
du Pont.
Smith
La Follette
is, and, with safe laws to protect the w n ig m z ol the fi™ n m l Brown
Flint
Smoot
Lodge
Mr. HEYBURN.

I desire to offer an amendment and have it

read.
The VICE-PRESIDENT. The amendment proposed by the
Senator from Idaho will be read.
The Secbetaby. It is proposed to insert a » a new section the
following:
Sec. 8. That from and after the 1st day of June, 1908, every na­

Bulkeley
Burkett
Burnham
Burrows
Clay
Crane
Culberson

Bacon
Bailey
Borah
Briggs
Carter
Clapp
Clark, Wyo,
Clarke, Ark.

tional hanking association organized under the act of Jirne 3, 1804. ana
any act supplemental or amendatory thereof, shall at all times have on
hand in lawful money of the United States an amount equal to at least
1r
/.ent of the aggregate amount of its deposits, anu whenever the
lawful money of any” su e ! association shall be below the amount of 15
per cent of its deposits such association shall not Increase its liability

able to readily ttujuoi i ^ . . .
is left to them.

Sutherland
Teller
Warner
Warren
Wetmort

Stephenson
Stone
Taliaferro
Tavlor
Tillman

So Mr. Heyrurn’s amendment was rejected.
Mr. JsELSON. I offer the amendment which I send to the
desk to come in as an additional section.
_
/ The VICE-PRESIDENT. The amendment will be stated.
The S e c r e t a r y . It is proposed to add ns a new section the
following:

____________

f

by making any new loans otherwise than by discounting or purchasing
bills of exchange payable at sight. Nor shall such banking association
make or pay any dividend of its profits until the required Dropo t
of the aggregate amount of its deposits and its law 1u1^money ot ^the
United States so intended to be held in reserve shall have been fully
restored, and the Comptroller of the Currency shah notify any auch
association whose lawful money reserves are below the amount above
required to be kept on hand to make good such reserves, and if such
association shall fail for thirty days thereafter to make good its re­
serves of lawful money the Comptroller of the Currency shall, with the
concurrence of the Secretary of the Treasury, proceed to wind up the
business of such association, as provided in section o-^4 of the Revised
Statutes of the United States.
.
,
.
No part of the lawful money reserves which such national hanking
association is hereby required to have on hand in lawful money of the
United States shall consist of anything but lawful money of the United
States actually in the possession and custody of such national banking
association.
Ail acts and parts of acts inconsistent with any of the foregoing pro­
visions of this act are hereby repealed.




Foraker
Long
Foster
McCreary
Frazier
McCumber
Frye
McEnery
Gailinger
McLaurin
Gamble
Martin
Gary
Owen
NOT VOTING— 29.
Daniel
Money
Davis
Nelson
Depew
New lands
Elkins
Nixon
Fulton
Penrose
Hale
Platt
Hansbrough
Rayner
Kittredge
Scott

Sec. 10. That sections 5192 and 5195
^heretofore amended, are hereby repealed.

The VICE-PRESIDENT. The question is on agreeing to the
amendment proposed by the Senator from Idaho. [Putting
the question.] By the sound the “ noes ” seem to have it.
Mr. HEYBURN. I should like to have a vote on that amend­
ment. I may be the only one to vote for it, but I think I
B.hould like to know how the Senate stands on i t

of

the Revised Statutes,

as-, '

Mr. NELSON. Mr. President, I desire briefly to explain the
nature of that amendment. Those two sections of the Revised
Statutes relate to the matter of giving national banks credit
for their reserves in deposits they make in other banks; in other
words, so-called ” country banks ” are required to keep a reserve
of 15 per cent of their deposits, and tbree-flfths of that 15 per
cent they may deposit and receive credit for as though they had
it in their own vaults, in the banks of central reserve cities,
or the banks in the reserve cities. The latter are required to
keep a reserve of 25 per cent of their deposits, one-half of^
which they may deposit in central reserve cities. For instance?
a country bank, like one in my own home town of Alexandria, Is
required to keep 15 per cent as a reserve of Sts deposits. It can
deposit three-fifths of that amount, either in the banks of the
reserve cities or in the banks of the central reserve cities, and
get credit for it as though it was In its own vaults. Now, the
banks of St. Paul and Minneapolis, which are banks in reserve

J i-e

3f,

j
4

M
l

1908.

CONGRESSIONAL RECORD— SENATE.

case, if that be true, and it could do a great deal of good in
assuring depositors.
Mr. President, I have done the best I could to make myself
intelligible upon this proposition. I hope I have done so. It
has been in a desultory, disconnected way, to be sure, but in many
instances that has been because of the fact that I have been
led off from the discussion by questions and propositions that
seemed to one Senator, at least, to be very much wanting in in­
telligence or to come from a Senator who is not intelligent. I
do hope that the Senator from Kliode Island will do himself
the credit to get up here and say that no possible harm could
come to the soundness and the solvency of bank notes by this
amendment; and I want him, instead of denying it, to say that
the thing which gives validity to the national-bank notes and
gives currency to them and circulation to them is the fact that
they are guaranteed by the Government of the United States
and not the fact that the Government is Indemnified, because
the Government is able to pay whether it is indemnified or not,
and that is the ability upon which everybody relies when he
takes a bank note, for nobody ever looks to see by what bank a
bank note is issued or to ascertain what is the amount of^ the
bonds deposited for its security. The money is good. \\ hen
the Government’s credit was less than a hundred cents in the
dollar the bank bills were worth less than'a hundred cents in
the dollar; and when the Government’s credit is worth a hun­
dred cents in the dollar the bank bills are worth a hundred
cents in the dollar, just like Treasury notes of the United
States.
Mr. ALDRICH. Mr. President, I can not accede to the sug­
gestion of my friend the Senator from Mississippi, but I can
bear cheerful witness to both the intelligence and the patriot­
ism of that Senator.
The VICE-PRESIDENT. The question is on agreeing to
the amendment proposed by the Senator from Mississippi [Mr.
M c L a u r i n ].

I
/

]

Mr. McLAURIN. On that I ask for the yeas and nays.
The yeas and nays were not ordered.
Mr. McLAURIN. I call for a division.
Mr. ALDRICH. W e may as well have the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. BRIGGS (when his name was called). I am paired
with th e Senator from Maryland [Mr. R a y n e b ] .
Mr. DILLINGHAM (when his name was called). I have a
general pair with the Senator from South Carolina [Mr. T il l ­
m a n ] , who I am sorry to say is necessarily detained on account
of sickness.
But I transfer the pair to the Senator from
Nevada [Mr. N i x o n ]. I make this announcement not only for
this vote, but for all votes on the pending bill. I vote “ nay.”
Mr. SIMMONS (w h en his n a m e w a s c a lle d ) . I have a
general pair w ith the Senator from Minnesota [M r . C l a p p ].
Mr. W ARREN (when his name was called). I again anncumce my pair with the Senator from Mississippi [Mr. M o n e y ]
and its transfer to the Senator from Minnesota [Mr. C l a p p ] ; so
that for the day— and I will not announce it again— the pair,
will stand between the Senator from Mississippi [Mr. M o n e y ]
and the Senator from Minnesota [Mr. C l a p p ] . I vote "n a y .
The roll call was concluded.
Mr. GAMBLE. I have a general pair with the senior Senator
from Nevada [Mr. N e w l a n d s ] .
An arrangement has been
made by which the pair is transferred to the senior Senator
from Maine [Mr. H a l e ] , and I will vote. I vote "n a y .”
Mr. CLAY. My colleague [Mr. B a c o n ] is paired on this bill
and all amendments with the senior Senator from Montana
[Mr. C a r t e r ].Mr. FRAZIER (after having voted In the affirmative). I de­
sire to inquire if the junior Senator from South Dakota [Mr.
Minnesota. W e can not, in this bill, dispose of all the com­
plex questions affectingjim -to idling in te rm > t^ fih is oountrv.
fmendments and reforms to th elrah k -iy
Ing system and
system that will be satisfactory
to the Senate.
iiffi^ m r w illin g that the vote upon this ‘n
amendment shall be postponed until to-morrow, and I will "
defer any criticism which I have to make until that time.
Mr. McLAURIN. Mr. President, I have an amendment which ‘
I desire to offer.
r
The VICE-PRESIDENT. The Senator from Mississippi pro­
poses an amendment, which will be stated.
.
The S e c r e t a r y . It is proposed to add as a new section the
following:
te
Sec. 10. Upon the exhaustion of the securities accepted by the
officer, or officers, of the Government for the indemnifying of the Gov­
ernment for the Issuance of bunk notes to any banking association, If
sufficient Is not realized therefrom to indemnify the Government, the
[government shall be subordinated to the lawful claims of all other cred­
itors of the bank in the distribution of the other assets of the bank.




3873

The result was announced— yeas 5, nays 46, as follows:
Gary
La Follette
Aldrich
Ankeny
Bankhead
Beveridge
Bourne
Brandegee
Briggs
Brown
Bulkeley
Burkett
Burnham
Burrows
Allison
Bacon
Bailey
Borah
Carter
Clapp
Clark, Wyo.
Clarke, Ark.
Culberson
Daniel

McCumber

Y EAS— 5.
McLaurin
NAYS— 46.
Gallinger
Gamble
Gore
Guggenheim
Johnston
Kean
Knox
Lodge

Clay
Crane
Cullom
Curtis
Dick
Dillingham
Dixon
DoIIiver
Long
du Pont
Martin
Elkins
Nelson
Flint
Perkins
Frye
NOT VOTING— 38.
Hopkins
Davis
Kittredge
Depew
McCreary
Foraker
McEnery
Foster
Money
Frazier
Newlands
Fulton
Nixon
Hale
Owen
Hansbrough
Fa.Vffter
Hemenway
Penrose
Ileyburn

Overman

t

Piles
Richardson
Smith
Smoot
Stephenson
Sutherland
Teller
Warner
Warren
Wetmore

]

Platt
Rayner
Scott
Simmons
Stone
Taliaferro
Taylor
Tillman

So Mr. M c L a u r i n ’ s amendment was rejected.
Mr. McLAURIN. I offer the amendment I send to the desk.
The VICE-PRESIDENT. The Senator from Mississippi pro­
poses an amendment, which will be stated.
The S e c r e t a r y . It is proposed to insert as a new section
the following:
S ec. — . No person being an officer of any national bank shall, at
the same time, be permitted to hold any office in any other national
bank.

The amendment was rejected.
Mr. McLAURIN. I submit the amendment I send to the desk.
The VICE-PRESIDENT. The Senator from Mississippi pro­
poses an amendment, which will be stated.
The S e c r e t a r y . It is proposed to insert a s a new section the
following:

} \
t

/ V4I
iiajfj

Sec . — . Every provision in this hill for the loaning of the Govern­
ment’s credit to banks shall, upon the same class and quality and quan­
tity of security, apply to individuals, except that Treasury notes shall
he loaned to individuals instead of bank notes.

The amendment was rejected.
Mr. McLAUKIN. I offer the amendment I send to the desk.
The VICE-PRESIDENT. The Senator from Mississippi pro­
poses an amendment, which will be stated.
The S e c r e t a r y . It is proposed to insert as a new section
the following:
S ec . — . That upon presentation to the Secretary of the Treasury,
or Assistant Secretary of the Treasury, by any other person than a
bank, of any of the class of bonds specified in this bill upon which
money can be issued to the banks, or upon which bank notes are per­
mitted to be issued by the banks, it shall be the duty of the Secre­
tary of the Treasury to issue to the holder of such bond, or bonds,
Treasury notes to the same amount that bank notes are permitted to
be issued thereon to banks, up to the amount of issuance limited by
this bill.

The amendment was rejected.
Mr. KEAN. I wish simply to suggest a correction. On page
9 of the bill, line 17, I move to strike out the word “ the ” and
insert “ each.”
The VICE-PRESIDENT. The Senator from New Jersey pro­
poses an amendment, which will be stated.
The S e c r e t a r y . On page 9, line 17, before the word
“ national,” strike out “ the ” and insert “ each.”
The amendment was agreed to.
^
.
Mr du PONT. I propose the amendments I send to the uesir.
The VICE-PRESIDENT. The Senator from Delaware pro­
poses am end m en ts, which will be stated by the Secretary.
The S e c r e t a r y . In line 4, page 7, a fte r the w ords
sh a ll
pay,” insert:
For the first six months.

\nd in line 7, page 7, after the word “ bonds,” strike out the
period and insert in lieu thereof a comma and the words:
And afterwards a monthly tax of three-quarters of 1 per cent upon
the average amount of said notes.

Mr. ALDRICH. I have no objection to the amendments. I
am willing to accept them.
.
,
The VICE-PRESIDENT. The question is on agreeing to the
amendments proposed by the Senator from Delaware.
The amendments were agreed to.
V
f Mr. OWEN. Mr. President, I had prepared a number of \
amendments which I had intended to offer to this bill, antici­
pating that it would be perhaps the last opportunity for some
time to come within which some of the obvious defects of our
national-bank law might be remedied. But upon the under-

V

3874

CONGRESSIONAL BECOED— SENATE.

Maech 25,

uu. Said fund may be invested in the 2 per cent
standing and the assurance of the chairman of the Committee I bon[jg 0f tbe UnitedStates to the extent deemed advisable by the Sec­
______ St
tary ot tne Treasury.
nn Vin nrep thn t this matter will be the subject Of investigation/ retary of the Treasury,
“
deposit which'within sixty davs prior to insolvency has been un­
in some f o m either th?ough"he Committee on Finance or by aj der NO ^
“ contract to —
bear interest shall be included in the insurance provided
commission, I will waive a number of those proposed amend|||, this act, and such deposit shall not be paid out of the liquidation
by
fund herein provided for. The insurance of deposits herein provided
ments
£l shall not be operative until March 1, 1910, except in States in which a
I want to understand from the chairman of the Committed plan of insurance of deposits in State banks shall have been provided.
on Finance if it is his understanding that this shall be done-J
“ Sec . 3. That no national banking association shall hereafter make
that a careful, thoroughgoing investigation into the causes o i loans or extend credit of any kind for the buying of stocks, bonds, or
agricultural or food products, for speculative purposes, which in the
the panic shall be made and proper recommendations made tq aggregate exceed its unimpaired capital stock.
the Senate hereafter when that investigation shall have beeq
“ No active officer of any national banking association shall borrow
from such banking association or make any loans of its funds directly or
concluded?
, .
.
T
indirectly to himself without the written consent in each instance of
Mr. ALDBICH. Mr. President, it is obvious to me, as I thinK three-fourths of the directors thereof, under penalty of immediate dis­
it must be to all tbe members of the Senate, that the recen
missal from office by the board of directors on the demand of the Comp­
troller of the Currency.
events and the discussion of this question in this Chanib
“ Every national banking association not in reserve or central reserve
have shown the absolute necessity of taking up this question
I cities shall hereafter hold, as part of its legal reserve, at all times in its
a legislative way, and I that the------------------------ of it should vt own vaults a sum of lawful money equal to at least 9 per cent of its
-iM iiL ivc nay.
H H R ---- preparation
1
SmiYiorHotA
re
and the remainder of the legal
entered upon in J
in the immediaj ;® fu tui-lA m m o t b i t it is m y pur- deposits, held by such banks in the classes reserve now required by law
immediate future.
red upon
;he
*' H
Shall be
of bonds described in section
I w ill say to the Senator from O klaliom a th at It IS
y e
1 of thls a c t Every national banking association in reserve or in cennosio oithpr to ask
th a t the C om m ittee on F in a n ce be in trusieu tral reserve cities shall hereafter hold, as part of its legal reserve, a
* « L nr* H int Prm stress in som e other w a y sh a ll au - sum not less than lo per cent of its deposit liabilities in lawful money,,
w ith th is d u ty or th a t Congress rn som e uuim y
ith a and the remainder of the reserve of 25 per cent required by law may be
thorize an im m ed iate in vestigation Of the w hole SUDJem ,
carried in bonds of the classes described in section 1 of this a c t
mirnnsp nf nrcsenting to C ongress recom m endations to r a cum
“ Only the net favorable balance of a reciprocal account kept by any
purpose o i P y
^
- v national banking association with a reserve agent shall be counted as
W a i L y i iu u ic b u i it o u i v c
plete reform o f the banking la w s.
.
-rfcord a\ part of the legal reserve.
M r OWEN. M r. President, I w ish to p lace in the im c
***Bondg beig ag a part of the reserve must be of the classes expressly
Bonds held as a part
by the Comptroller of the Currency.”
p ro p ose d am endm en t w hich I had intended to f ^ r and t o l approved ^ —
press on th e atten tion o f the Senate. I m erely ask , thh t it maJJ
Mr. NELSON. Mr. President, I offer the following "amend­
press on th e atten tion o i uie
J
, a Janata
go in the R ecord fo r the in fo rm a tio n o f m em b ers o f the S e n a ta ment as an additional section to the bill.

The 4 ICE-PRESIDENT, The amendment will be read.
who may be interested in it.
nri1pred to bd
There being no objection, the amendment was ord
“
The Secretary. It is proposed to insert as a new section the
printed in the Record, as follows:
f following:
Strike out all after the enacting clause of the bill and inser
following:
rt>pnanrv is hereby directed to prepare
“ That the Secretary of th n r^ S 0 0 0 00 of United States notes,
^ ^
and have available not less I
an ’0f the legal qualities and of the
for the purposes o f this act h a v i M l o y outstan3 iBg, to be kept in
same form as the United Mates . } cuIatl[m fund.’ Such notes shall
a special fund to be known as the circuianou
nor more
he printed of convenient denominations or
by the Treasurer
than $10,000 each. S u c h - manner and to the amount determined by
of the United States, in the : iinne
m
nationat hanking association or
the Secretary of the! Treasury, to
the law! of any of the
to any bank or trust
and upon the deposit of
States of the knion,
harptnafter described which are acceptable to
securities of the claaws bereinatter
,
.0V(i(1 by the Secretary of
the Treasurer of the United States ana approveu y
flrst llen on
the Treasury ; such advances shall be made■ h?
same and shall
the ^ s e ts .o t : the1 bank.or
value of such bonds
The
not be in excess 0 . P
wjtp the approval of the Secretary of:
Treasurer of the united elates, w i 1
TTnited States notes herein
the Treasury, shall accept as X r
interest beafi ? obligations of the
provided for, the bonds or other interne ueai g
s
legally
United States, or of any St^ e Htv town county or other legally
authorized bonds issued by
United3 States which has
constituted municipality oi district in i
which bas never, within
been in existence for a period ofd^ n f
s j ^ e u r itle s , defaulted in the
ten years previouslyt0 the t®^nJ-inal or interest of any funded debt
payment of any part
t^ e hEUjf L q whose net funded indebtedness
authorized to he con tracted by it, and whose net,
lg property, as
does not exceed 10 per cent of valuation or ns
^
the assessments
shown by the last preceding valuation o F 1
illterest shall be
of taxes. No bond bearmB in. excess
Shaii be the duty of the
accepted as security for sach hd
,-h rm ation with reference to the.
Secretary of the ^ ef fut L t° eCu S 81herein authorized to be accepted,
r
value and character of the securities nere u
national banking assoor to be held as a p a r t o f t h e
information to national
ciations, and he shall f r o m m J h bond! as would be acceptable as sebanking associations as to such Donas a
securities deposited under
curity under the.provisions of! thisi act ■ t ^ s e c u r
^
de.
the authority of this act shall be Jib j t t
gecurity of their clr-

the provisions of this act.
, irculation f und ’ shall be charged
“ Such advances made
the
tbe grst four months, and
for at a rate of fl> P « cent Per
annum, not exceeding a total
thereafter at the rate of 8 -per centj
depreciation of the market
period of one year. In the event o ^ in e
|red t0 preserve the
value of such bonds
s! ^ ai L 0£ 3ale of such securities on the
margin of 10 p « cent, under
.
gueb fun(j shall be repaid
open market. The advances
tbe tK)nds shall be sold,
within twelve, months and “ / S
y
S
mFerest of such advances
and after the repayment of the principal
tQ {be owner of such
and the cost of sale the halanceshal
^
igsue of sucb notes
bonds. This act shall not be cons11 ucd t° ‘“
1
emergency exists
if in the opinion of the Secretary o f the Treasury an e
g
,
act
for a larger issue than the amount required to be prepai
>
The interest accruing on the loan of such notes shall go Into tne uqu
dation fund * hereinafter provided.
.
nr0flf9
« S ec. 2. That from and after the passage of this act. t b i pr^onrs
accruing from the tax on the circulation °
*
i
nan 0f
United
ciations. together with the interest accruing fro t
, Hunidation fund.'
States notes herein above provided, shall go Into a 'iq uauo
From such liquidation fund, whenever a
i 0f such bank
solvent by the Comptroller of the Currency. the deP°sitors of sucn oM
shall be paid in full immediately, and such insolvent bank be cnarg
with the amount so advanced as a first lien against its asset .
liquidated assets of such bank shall be deposited to the cr
liquidation fund to the extent required to reimburse ®uch
.
money advanced therefrom. If necessary to meet the demands ma
on the liquidation fund, the Comptroller of the Currency may impose
a tax upon the national banking associations not to exceed °ne-tenui
of 1 per cent upon their average deposits in any one year as shown Dy
their regular reports to the Comptroller of the Currency, which snail




Sec . —. That national banking associations may, under the direction
and supervision of the Comptroller of the Currency, be authorized to
loan not to exceed one-third of their capital and surplus upon personal
note or bond, secured by a first mortgage, of the maker or obligee, upon
improved, occupied, and cultivated farms, not exceeding in any case
one-half of the cash value of the farm. The Comptroller of the Cur­
rency shall prescribe the necessary rules and regulations for making
such loans.

Mr. NELSON. Mr. President, I have no desire to take up
the time of the Senate with any lengthy debate. I simply wish
to state to the Senate that for many years there has been a
great demand among the national banks in the West and North­
west, especially the smaller banks, for the privilege of loaning
a limited amount on real estate security on improved farms.
It is regarded out in that country as the very best security.
They not only have the personal obligations of the maker of
the note or bond, but in addition to that they have the real
estate security, and we have found out there that the very best
security is confined to improved and cultivated farms.
By looking over the report of the Comptroller of the Currency
you will find that our big banks, our national banks, have a
large part of their capital and surplus tied up in long-time, per­
manent securities, like railroad bonds and long-time bonds. In
the case of a panic such as we had, when money can not be
obtained, you can not realize money on that kind of securities
quicker than on first-class bonds. Our banks invest their money
dn these long-time securities.
They do not invest, as a rule, In municipal bonds, school
bonds, or in State bonds. Those bonds, owing to the low rate
of interest, generally find their way to the East, to Wall street.
Our banks confine themselves to commercial loans and to the
better class of real estate loans. Now, our national banks are
under a great disadvantage. Under our State laws out West
the State banks loan on real estate security under proper guard
and limitation. Our national banks are cut off from this privi­
lege, although in many instances they evade the law. They
evade it by some of the officers or directors of the bauk going
to the bank and borrowing money on their own notes, putting
up the mortgage on a farm as collateral security, so that prac­
tically in that way they take these farm loans. But many good
bankers have said to me, “ We hate to evade the law in this way.
W e dislike to do it. We prefer, if we can, to have the privi­
lege to loan on real estate.”
Last fall, in the midst of the panic, just before I left my own
home, I stepped into our First National Bank, the leading bank.
There was a large package done up on the table of tbe presi­
dent He pointed it out to me and said:

M N elson, there is a bundle of $100,000 in farm mortgages on th«
r.
best farms in this country. I have got to send them East to money
lenders there. I can not take them. All I can do is to take five an«
ten thousand dollar loans from the jobbers, the flour m and the mm
en,
men here and down below in the Twin City and at other points. *
may get a loan of five or ten thousand dollars for thirty, or si*1?
*
ninety days or six months, from one of these big firm and yet 1
s,
no means of knowing how many of those five or ten thousand dollar
notes the firm has outstanding. The firm I know ii. rated mgu.
in this emergency under these conditions I have no means oi a*'-'taining how many notes are outstanding against the company.

1908.

CONGRESSIONAL RECORD— SENATE.

I remember our experience very well in the panic of 1893-94,
anti the runs that were then made on many of our smaller coun­
try banks. A great many bankers came to me, for I was governor
at that time. They came to me at the capital and related their
experience. Depositors would get scared and would come to a
bank and want their money. The banker would honestly tell
them, “ My dear sir, when I received your money I agreed to
pay you 3 per cent interest on your deposits. I could not let
your money lie idle. I had to loan it out. I have loaned the
money out on a mortgage to one of your neighbors. I have not
got the money to return to you, but I can give you the mort­
g a g e ;” and in many instances the depositors were perfectly
glad and willing to take those mortgages, for they were mort­
gages in their own county and upon the land of their own neigh­
bors.
This amendment is very limited. It does not allow more than
one-third of the capital and surplus to be loaned out, and it is
limited to loans on improved, occupied, and cultivated farms.
It includes no wild land, no land held by mere speculators to
be mortgaged, no village property or town property, property
which ordinarily in order to make good security requires a stiff
insurance policy with it. There is nothing of that kind in the
amendment. It is only a class of loans that will be of ad­
vantage and that can be utilized by our,smaller banks in the
country.
I have been trying to do this for years. I introduced a bill
relating to this subject on three several occasions, but as usual
I have found my good friend the chairman of the Finance
Committee incorrigible, as he is on a good many financial
subjects. It is unfortunate, and I do not say it in any dis­
creditable sense; I do not say it for the purpose of reflecting
on anybody; there is nothing further from me than that; but
if we had in the Senate a rule, which prevails among the courts
of the country, that no one should pass on the question who
has an interest in a national bank or who owns any stock in
a national bank or is an official, we could get pretty good legisla­
tion. We are handicapped in this way. I say this in a
friendly and Christian spirit and not for the purpose of re­
flecting upon anyone in this body.
I trust the Senator from Rhode Island will meet this question
in a liberal and statesmanlike manner, especially looking to
the great West that stood as a buttress in the late panic, the
great West that furnished the wheat and the cotton that brought
the hundred million dollars of gold. I hope that his heart
will go out to that West and that he will stand for this little
amendment.
Mr. ALDRICH. Mr. President, this proposition has been
before the committee, and on several occasions it has been con­
sidered and voted on.
Mr. NELSON. No, no.
Mr. ALDRICH. Oh, yes.
Mr. NELSON. N o; the committee never reported i t
Mr. ALDRICII. But the Senator has offered it as an amend­
ment.
Mr. NELSON. I offered It once as an amendment to your

financial bill.

3875

money in these call and speculative loans; and when you get a
money panic such as you had last fall, when you can not get
money at any price almost, you can not sell any kind of securi­
ties. Out where I live— and I am sorry the Senator from Rhode
Island has never been out in our country; I wish he could have
been there during the panic— out in our country the very best
securities we have, and securities that will always bring money
quicker than any railroad bonds, or school, or municipal bonds,
are first-class farm mortgages.
The Senator says that those are not quick assets. They are
as quick as anything can be. We found in the recent panic that
the quick assets that the stock exchanges dabble in were not as
quick as they might be, for it took about $20,000,000 of Govern­
ment deposits to stop it.
Mr. McCUMBER. Mr. President, I think it would conduce
to more agreeable and better legislation if some of the Senators
in this Chamber would sometimes get on the west side of the
Allegheny Mountains and understand some of the conditions of
the Middle West and the Northwestern section of the country.
The Senator from Rhode Island has always been in favor of
bolding long-time securities bearing an annual interest. He
considers them absolutely good in any of the banks. In fact,
he desires to make them the basis of currency. I have never
myself been able to see why a good mortgage on improved farm
lands was not the very best security that could be possibly
offered. Any man in the State of Minnesota or in the State
of North Dakota or South Dakota knows that he can sell one
of those mortgages and turn it into cash for its face value
quicker than any other possible character of security that he
could get hold of. Whenever the bank is closed, if money is in
circulation a t,a ll, there is never a time that it can not get
rid of its farm mortgages. There are many times reasonably
close when it is impossible to sell farmers’ notes that are unse­
cured, when it is even impossible to sell the grain-elevator notes
that are held in our banks to furnish the money for moving
our grain, and yet I know from my own personal knowledge that
during our last stringency farm mortgages were being taken
out in my State for the new lands that are being improved
when you could not get money for any other purpose.
If the object Is to compel the banks to get hold of such se­
curity as they can realize upon, every Senator in the Middle
West and the Northwest knows that they can realize quicker
upon good farm mortgages than they can upon any other kind
of security known in the West and held in the West. That
being the case, I am unable to understand this general objection
to a farm mortgage. To be sure, if you have to enforce it ordi­
narily—
Mr. OVERMAN. Mr. President------Mr. McCUMBER. Let me complete the sentence, and then I will
yield. If you have to enforce it by foreclosing upon your mort­
gage, it would take a year or more to do it, because there would
be a year for redemption, and I understand that that is the prin­
cipal objection. But it is equally true if you have to enforce
ordinary bills payable against a debtor you have to go into the
courts, and when you put it in judgment ordinarily it may take
six months or a year. It will take as long to realize, if you have
to realize out of real estate, as it would to foreclose your mort­
gage, and ordinarily it would require twice as long.
The real value in the security is the ability not so much to
enforce its collection as it is to have something that you can
immediately dispose of and turn into cash. When you come to
that proposition there is nothing held in any of the banks of the
Northwest that is as easily convertible into cash as good farm
loans, which are generally based upon about one-third of the
value of the property. I now yield to the Senator from North
Carolina.
Mr. OVERMAN. I wish to inquire of the Senator whether
the State banks in the West loan money on farm mortgages?
Mr. McCUMBER.
Ordinarily the same rules have been
adopted by the States which have incorporated State banks as
govern the national banks. They have followed that rule. I
say I see no reason, however, why either the national banking
law or any State banking law should rule against the use of
good convertible farm mortgages when at the same time ac­
knowledging the use of the other long-time securities that
can not be converted any more quickly, and because they do not
bear as good a rate of interest, in fact, can not be converted as
quickly into cash as the farm mortgages,

Mr. ALDRICH. It was voted down.
Mr. NELSON. Yes; but that is not saying that it will be
voted down now.
Mr, ALDRICH. I understand.
Mr. NELSON. W e live to learn.
Mr. ALDRICH. I understand that perfectly.
It is undoubtedly true that farm mortgages are good se­
curities for certain people to hold, but they are the very worst
possible securities that a commercial bank could bold. Sup­
pose, for instance, that during the recent panic the banks o f
this country had been loaded up or loaded dow n with farm
Mortgages, the suspension which was temporary would have
been absolutely permanent.
it is no part of the business of a commercial bank to accept
Rod to deal in farm mortgages. It is contrary to every prin­
ciple of banking, and it has always been so understood in every
country in the world. There is not a civilized country where
the ordinary commercial banks are permitted to take farm
Mortgages, They are inconvertible securities, absolutely in­
convertible securities, and I am a little surprised that a Sen­
ator, with the wisdom of the Senator from Minnesota, should
be as pertinacious as he is in the defense and advocacy of an
amendment which, it seems to me, is so repugnant to every
Round principle of banking.
real estate, but I think that the Senator from Minnesota lr
Mr. NELSON. Mr. President, to my mind there is nothing properly and correctly given the conditions as they affect ti
More repugnant to sound banking than to have commercial banks in the Northwest and the remedy that ought to be annlio,
banks, Instead of devoting tbeir loans to purposes of commerce
Mr. LODGE. Mr. President, the Senator from NorthDa ho
and trade, to commercial loans, invest a large part of their [Mr. McCumber] and also the Senator from Minnesota [M




3876

Mabch 25,

CONGRESSIONAL RECORD— SENATE.

said they are good for certain purposes, but not for banking
purposes.
Mr. ANKENY. They stood us in hand very well at that
wm'tt?'Senator permit me to interrnpt time, surely. They were always known as good securities.
T
him? There are only three members of the committee ou: » They were convertible; there was demand against which you
thirteen who live east of the AIIeghen.es; and if there is any could pay with a mortgage at any time.
As to a change of policy of commercial banks, that may he
sort of discrimination, it comes from men who .'*£
°‘
against your wish in the matter, but the fact is that those loans
tho Alleghenies and some of them west of the Mississippi.
There never has been any difference of opinion in the com­ are taken and made there every day, and I think we have got
our first loss to make.
mittee as to this particular proposition.
That is all I want to say about farm loans.
“
S e
"
itt g r & K w C J H
S u
^ v i c E . P B ® i D B N ? . T h ^ a T ftio n jj on agreeing to the
^''predominance of the intellect of that committee is in a lit tlf nnienduieut proposed by the Senator from Mmuesow [H r.
T
State east of the Alleghenies.
i ‘ K xsonI,
Mr. LODGE. I was going to say the reason I think why thft — SIFT NELSON. I should like to have the yeas and nays on
Mr. NELSON
the amendment,
Eastern people, certainly the New England people,
— - ........ ....... - if Senators will give me the yeas and nays
The yeas and nays were ordered, and the Secretary called
dread of banks with power to loan on land security is that
,
_
,, .
in the eighteenth centary we had a very bitter experience in the roll.
Mr. OVERMAN (after having voted in the affirmative).
what was known as the “ land banks.
I tl
v
,
tried in all the New England States of that period they cer Mr. President, I inquire if the senior Senator from California
. . . . . .
tainlv were tried in mine— and they wrnre absolutely nunous. [Mr. Perkins] has voted?
The VICE-PRESIDENT. The Chair is informed that lie has
They were banks that were allowed to lend money on land.
„
, ,, _
Mr. NELSON. W ill the Senator allow' me to interrupt him not voted.
Mr. OVERMAN. I am paired with that Senator, and there­
for a moment?
fore withdraw my vote. I inadvertently voted, not noticing
Mr. LODGE. Certainly.
Mr. NELSON. The Senator from Massachusetts must re­ that the Senator from California was absent.
The result was announced— yeas 22, nays 20, as follows:
member that in the seventeenth century the Mississippi valley

K elson]

referred to the general opposition eart of the Alle­

ghenies, we will say, to the making of loans upon farm mort

was wholly unsettled.
_
Mr. LODGE. I did not say the seventeenth century; 1 said
the eighteenth.
. . .
..
Mr, NELSON. Even in the eighteenth century it was pretty
nearly all unsettled.
'
. . ..
Mr. LODGE. I think it was unsettled, and our part of the
country was then very partially settled, and we got our lesson
then. I think it is very fortunate that the Mississippi A alley
has been spared from going through what we went through,
because we had to learn our lesson by bitter experience. I
think the disasters which were caused by what were known as
the “ land banks ” produced an effect on the general opinion in
mv part of the country which they never recovered from. I
really think that hostility to any bank founded in that way has
endured to this time.
Of course I do not refer to the savings banks, which are
carefully protected by laws which enable tbem to prevent runs
and give them time to realize, but banks that have to meet
demands right over the counter for cash and that must have
securities not only which are valuable, but securities which are
comertible in a moment in the open m arket-not, perhaps, at
their face value, but which can he sold at once. I only re­
ferred to that because the Senator wondered why we had so
much opposition to the scheme. I think it is owing to the dis­
asters we had from banks of that kind.
.
Mr. McCUMBER. What I tried to correct the Senator m was
the idea that real-estate securities could not be converted at
once. Possibly they can not be converted in the East as quickly
as the other character of mortgages, but in our own State and
in the whole Northwest (and I think every Senator who lives
out in that section will bear me out in this statement) they
can be converted into cash much easier than any other secuiIties ont there that are taken by the banks.
Mr. ANKENY. I think there is a little misunderstanding,
Mr President, about this collateral in the \ est. In recent
\
times we had an opportunity to try all kinds, and, like the
Senator from Minnesota [Mr. N e l s o n ] , we found that our best
securities were our farm loans.
I want to speak of one little incident which will convey my
meaning. I found a little bank in distress in 1803. The emer­
gency arose to do something. So we found that most of our
securities were for two good names at the time they were made,
but closer investigation showed that those farms were mort­
gaged in the East to loan companies, some of which were in the
hands of the receiver. I simply was called upon to do some­
thing. I told the owners of the bank that we must have moie
money; that is, to take up not only this first mortgage that was
over the real estate, but that we would take that up and take
the assignment from the loan companies that were In the hands
of the receiver.
To make a long story short, only touching the high places, we
realized upon every dollar of those loans. We realized upon
all our subsequent loans, secured only by their names, and rein­
stated every man in the property, and they are all prosperous
and good people to-day. If you can find a record of securities
that is better than that, I should like to hear of it.
Mr. ALDRICH. Mr. President, I hope the Senator from
Washington did not understand me as objecting to ^ class of
securities on farm mortgages in the West. They are good. I




YEAS— 22.
Ankeny
Bankhead
Bourne
Brown
Burkett
Ciay

Culberson
Cullom
Curtis
Dixon
Frazier
Gamble

Aldrich
Brandegee
Bulkeley
Burrows
Crane
Dick
Dillingham

Dolliver
du Pont
Flint
Frye
Gallinger
Guggenheim
Hopkins

Allison
Bacon
Bailey
Beveridge
Borah
Briggs
Burnham
Carter
Clapp
Clark, Wyo.
Clarke, Ark.

Daniel
Davis
Depew
Elkins
Foraker
Foster
Fulton
Gary
Hale
Hansbrough
Hemenway

Gore
La Follette
McCreary
McCumber
McLaurin
Martin

Nelson
Piles
Stephenson
Warner

NAYS— 2G.
Johnston
Kean
Lodge
Long
Owen
•Ttrynrer
Smith

Smoot
Sutherland
Teller
Warren
Wet more

NOT VOTING— 41,
Heyburn
Kittredge
Knox
McEnery
Money
Newlands
Nixon
Overman
Penrose
Perkins
Platt

Rayner
Richardson
Scott
Simmons
Stone
Taliaferro
Taylor
Tillman

So Mr. Nelson’s amendment was rejected.
Mr. SIMMONS. Mr. President, I desire to offer the amend­
ment which I send to the desk.
The VICE-PRESIDENT. The amendment will be stated.
The S e c r e t a r y . It is proposed to strike out all after the words
“ of the United States,” in line 4, page 7, down to the word
“ every,” in line 7, page 8, and insert in lieu thereof the words
“ shall pay a monthly tax of one-fourth of 1 per cent during
the first three months after they shall be issued and of one-half
of 1 per cent afterwards upon the average amount of such of
their notes in circulation as are based upon the deposit of such
bonds,”
Mr. SIMMONS. Mr, President, I do not desire to press the
amendment this afternoon. I have introduced it at this time
simply for the purpose of calling it to the attention of the com­
mittee so that it may be considered at their meeting to-mor­
row The amendment has not up to this time been before the
committee for consideration. To-morrow I shall submit some
remarks in favor of the amendment.
Mr OVERMAN. I suppose we can offer amendments to­
morrow. As I understand, the committee is then to have a
meeting, certain amendments will lie before the committee, and
the matter can be brought up to-morrow.

E E U IV SESSIO
XCT E
N.
Mr \LDRICH
Mr. President, evidently we shall not be
able to*finish the bill to-night, and I move that the Senate ad­
journ.
Mr KEAN. Let us have an executive session.
Mr! ALDRICH. Very well. I move that the Senate proceed
to the consideration of executive business.
The motion was agreed to, and the Senate proceeded to mt
consideration of executive business. A fte rfi ve mi mi
in executive session the doors were reopened, and (at • 0<R
>
and * IS minutes p. m.) the Senate adjourned until to-morrow,
Thursday, March 26, 1908, at 12 o’clock meridian.

1908.

CONGRESSIONAL RECORD— SENATE.

3951

It was enacted for tile reason that It was desirable to give
/ It does not say “ and has had notice.” It is merely equiva­
time for the legislators to consider the candidacy of any person le n t to the language “ with notice of such vacancy;” and no
for whom they were liable to vote. I know of no other object i one challenges the proposition that this legislature had been
for which it could have been enacted.
organized for more than eight days previous to the election,
Mr. BURKETT. Mr. President-----But the contention turns upon the point that the word “ after ”
Mr. McCUMBER. Had the vote been taken one or two or
qualifies their notice of such vacancy, and the language of the
three days later, I do not understand that any question what­
statute does not require that interpretation. You may give it
ever would have arisen. To me, therefore, it appears as a
that interpretation by inserting the word “ had ” after the word
mere technicality, without any good reason for refusing the
‘ has.” You may give it that interpretation by a somewhat
admission at this time. I f I vote in favor of seating the man
forced construction, and granting that it may be so construed
elected by that legislature, it will be a vote to change existing
without a forced construction, it at least is equivocal. It may
law, so far as it affects this particular case, and the demands
be interpreted either way. Since the Senate has the power and
of justice are sufficient to me to incline my vote in favor of
the right to determine the validity of these credentials, and
the admission.
since there is no violation of the statute necessarily involved
Now, a special session, it is true, might be called, but the
in this case; and since the cause of justice requires that the
special session undoubtedly would require notice. It would
Statft A Maryland be allowed to record its will and be repre­
cause much expense to the State. If the constitution of Mary­
sented on this floor, I shall vote not only to admit the Senatorland is like the constitution of most of the other States in the
elect from Maryland, but if it comes up afterwards I shall main­
Union, from ten to thirty days’ notice would have to be given tain that it is his right to a seat in the Senate.
before a special session of the legislature could be convened. .
Mr. BURKETT. Mr. President, I rose when the Senator
It would be expensive, and no different result is liable to follow
from North Dakota [Mr. McCumber] was speaking to ask him
in case a special session is called. This being the case, Mr. a question, but I did not get recognition. The Senator from
President, I feel it my duty to vote, and I feel that I am
North Dakota, if I understood aright his interpretation of this
fully justified in voting, to amend the law-as it now stands in law, suggested that probably the second Tuesday was fixed so
favor of equal and exact and proper justice being meted out that the legislature might have a proper time to canvass the
to this m an; that he be sworn in at the present time and be merits of the candidates. In my opinion, that never entered
allowed to take his seat.
into the consideration of anybody in the framing of this law.
Mr. OVERMAN. May I ask the Senator from North Dakota If the Senator will read the history of this legislation he will
a question before he takes his seat?
find it was, like most all legislation that is passed, amended
Mr. McCUMBER. Certainly.
after it was originally framed. There were amendments inter­
Mr. OVERMAN. If the legislature is called in extra session polated into the text of it on the floor of the Senate, and the
for the purpose of electing a United States Senator, would it chairman of the committee has brought that fact to the atten­
not have to remain in session, without doing anything, for tion of the Senate.
fifteen days before it could elect, according to the* contention
This bill was passed at a time when, perhaps, the most
here?
difficulty was experienced in our method of electing United
Mr. McCUMBER. That is probably true.
States Senators in our history. As to the immediate cause of
Mr. RAYNER. A t an expense of forty or fifty thousand
this bill, I will give just one illustration. Mr. Fessenden was
.dollars.
elected eighteen times to the United States Senate by one
Mr. OWEN: Mr. President, it seems as if this controversy
body of his State legislature, and never was elected in those
turned, so far as the merits of the case are concerned, upon'
eighteen times by the other body of the legislature. One body
the interpretation of the statute which it is suggested that the
was of one political faction and the other of another political
legislature of Maryland has violated in making this selection
faction, and they never did agree when they should get together
of a Senator; and when I examine the statute I think that that
under the laws of their State to elect a United States Senator.
controversy is not sustained. I have listened with great in­
That had been the trouble for a number of years. It had not
terest to the precedents offered by the chairman of the Com­
only occurred to Mr. Fessenden. It had occurred in a good
mittee on Privileges and Elections. I have listened to the
many other States and on a good many other occasions, and
discussion with regard to the colloquy or the conversations
for quite a time there had been debate and discussion as to the
which occurred between the members of the Judiciary who first
advisability of Congress going further than the Constitution
drew and submitted this statute; but I think that the statute
had gone and saying specifically when a State should elect its
Itself should be allowed to speak for itself and not be eonUnited States Senator. It did it not only for uniformity, but
\ trolled by conversations which took place in committee rooms,
it did it so as to be certain that the States would elect United
\ ana especially when the statute uses different language from-l
States Senators.
\that which is quoted by the chairman of the Committee oh
The matter was referred to this committee, and they brought
Privileges and Elections.
/
out the bill originally as the chairman of the committee has
Mr. BURROWS. Mr. President------ suggested, providing in this particular case that on the second
The VICE-PRESIDENT. Does the Senator from Oklahoma
Tuesday after the legislature shall have notice of a vacancy
yield to the Senator from Michigan?
they shall proceed to elect. All the way through the bill it pro­
Mr. OWEN. Certainly.
vided the second Tuesday after the meeting of the legislature.
Mr. BURROWS. The Senator will allow me to state that the
When the bill came into the Senate, Mr. Clark moved to insert,
conversation referred to was not a conversation in the com­
after the word “ meeting,” the words “ and organization,” and
mittee room, but on the floor of the Senate.
the debate shows that some contended that in some cases that
Mr. BEVERIDGE. Debate.
it would be impossible to do so by tbe second Tuesday after the
' . *^r- OWEN. It amounts to the same thing. It is the expres- ] meeting. Mr. Clark cited some illustrations where the second
f , 'on of Personal opinion that did not find itself recorded in thefi Tuesday after meeting had found some legislatures not organ­
* anguage of the law. The statute speaks for itself, and when ized, and he further said “ you can not get this vote cast at a
' K1 chairman finds it necessary to bolster his contention with* certain time with reference to the beginning of the session be­
i tnose precedents of fourteen different cases I call the attention: cause you can not force anything until the legislature is or­
ot the Senate to tbe fact, and the interesting fact, that, regard-1 ganized and in position to do business, and so you must put it
less of the opinion of legislatures with regard to this statute, itj ‘ after the organization. ’ ”
would hardly ever occur that a legislature would show such'
So the law was not made, as the Senator from North Dakota
* dispatch as to dispose of a matter of this importance within says, for the purpose of giving time to investigate the candi­
seven or eight days, and therefore since these legislatures may dates, but to fix a time after the legislature should be in opera­
well have acted without regard to the interpretation of this tion, with power to enforce the attendance of its members,
statute their action constitutes no valid argument in interpreting when a vote would certainly be had. Hence they put in the
the statute itself.
words “ after organization.”
I call the attention of the Senate to the language of the
That is not a v n y material point except as to this: I was
statute, section 17:
very much interested in the address of the Senator from Mary­
Whenever during the session of the legislature of any State a vacancy
occurs In the representation of such State in the Senate, similar pro­ land [Mr. Rayner], I want to say to him that on the general
ceedings to fill such vacancy shall be had on the second Tuesday after results of this proposition I am with him. It was a very in­
the legislature has organized.
genious argument that the Senator made, and certainly a very
And this language is found in section 1G and in section 14,; attractive one, as are all his addresses before the Senate. But
but the words that immediately follow occur only in section 17,1 the Senator is radically wrong in his contention that time is
mid those words are:
not the essence of this statute. It was made for tia t particu
And has notice of such vacancy.
lar purpose. Time was the essence. It is absolutely mandatory




j
f
I
:
;

!




3952

CONGRESSIONAL RECORD— SENATE.

for the reasons I have set forth; and that is why I undertook to
answer the statement of the Senator from North Dakota.
The time was to be the second Tuesday after organization,
and no other time. That is when they must meet. That is
when they must take the first action with reference to this
matter. Why? Because then they are directed when both
houses shall meet. It was to overcome the difficulty they had
for many years, in the early sixties, of one body of the legislature
meeting'one day and another body of the legislature meeting
another day, or one body never meeting at all. They could not
get them together under the State laws in some States for a
joint ballot They could not get one house to act with the
other on a joint ballot, or something of that sort. One house
would agree to a joint ballot on one day and the other would
not, and" there was all that sort of tiling. So the Congress of
the United States, to overcome that difficulty, passed that law,
and it went much further than the Constitution and provided
specifically the day when that thing must be done.
Now, in the debate that was had on the bill there was a good
deal of discussion as to whether or not Congress had the power,
for instance, to provide how they should vote; whether they
should vote viva voce or by ballot. That question was raised
and voted upon, and it was determined that in so far as Con­
gress was concerned it did have the right to provide when they
should vote and how they should vote; and the Senate voted on
that particular thing.
I have heard a good deal of controversy as to when is the
seventh day and when is the first day of the week; and it is
going on now. All Senators, I suppose, are getting many com­
munications. As a member of the District Committee, I am
getting, I think, about twenty-five or thirty letters a day, tell­
ing me about the importance of the first day or the seventh clay,
and in respect to legislation about the first day and the seventh
day.
Now, this whole question to-day revolves around whether last
Tuesday was the second Tuesday or the first Tuesday after the
legislature of the State of Maryland was advised of Senator
Whyte’s death. For my part I am not going to quarrel about
it The legislature has decided when it was, so far as it is con­
cerned, and the result that the Congress intended by this law
has been accomplished— harmonious action and the election of
a' Senator It is the only case of the kind that has occurred
in the history of the Senate. There will probably never be an­
other case where a Senator dies on Tuesday and the election
takes nlace under these circumstances. W e are not making a
nrecedent therefore, that will ever rise up against us, and eertninlv there is no trouble in this particulai case. It will not
occur one time in a million. It is the first case of its kind in
a hundred years in the history of the country. For my part I
am go ng to take the view that the legislature of the State of
Maryland took. They knew that Senator Whyte was dead two
Tuesdays. That constituted the second Tuesday, and they
elected his successor on that Tuesday.
. . . .
«
This law had just one object, and that was to get elections of
United States Senators and prevent filibustering, and it has
accomplished in this case just exactly what the law was origi­
nated and designed to accomplish. And for my part I do not
propose to sit here and quibble on a technicality whether it is
the first Tuesday or the second Tuesday, and defeat <he ac­
complishment of a thing sought to be accomplished by that
statute
So I am willing in my vote to follow the opinion of
the legislature of Maryland in this matter and say that they
did know of Senator Whyte’s death two Tuesdays.
Mr RAYNER. Mr. President, before I submit my motion I
wish to say a few words. I think we had better understand ex­
actly the question before the Senate. The question before the
Senate is not the question which the Senator from lennsylvania [Mr. K nox ] submitted at all. The question before the
Senate is whether the Senator-elect from Maryland shall be
sworn in. That is the only question before the Senate. It
does not preclude the Senate or any member of the Senate
or any member of the committee with reference to anj sub­
sequent proceeding that may take place _ or in regard to
any report that may come from the Committee on Privileges
and Elections. The Senator from Pennsylvania wants to put
this question in a way in which it never yet has been put
before the Senate that I know of. I f there is any such case, I
shall be glad to have it presented. The Senator from Pennsyl­
vania says to take up the case and decide it now finally, not send
it to the* committee at all, not let the committee act upon it or
hear any further arguments upon it, but just upon the presenta­
tion of a motion to swear in a Senator that the Senate shall
consider the whole question, abandon the motion, and consider
something that is not before the Senate. I object to that plan,
Mr. President.

Makch 26,

The motion here is that the Senator shall be sworn. As I
say, that does not preclude any further inquiry into the case.
The Senator from Pennsylvania says we have had full inquiry.
It does not follow that we have had a full inquiry. The Sen­
ator-elect is entitled to be represented if be wants to before the
Committee on Privileges and Elections. The idea of the Senate
determining that this seat is vacant without giving the claim­
ant even a right to appear before the committee, to be repre­
sented in person or by counsel, is tyrannical. Therefore I do
not accede to that view at all. The Senator from Pennsylvania
says that we ought to determine it here and now upon the argu­
ments made, two or three arguments upon each side, and evi­
dently made— although I confess I have said about all I can
say upon the subject— without any extended investigation by
those who have participated in the discussion, and by twothirds of the Senators— or four-fifths of them, perhaps— with
no examination at all.
I f the Senate rejects these credentials it will be the first case
in the history of the Senate where the Senate has refused to
permit a Senator to be sworn in upon the face of his creden­
tials where the credentials were regular. If there is any other
case I should like to hear of it. There is not another case.
All these citations of eases, where there was no dispute, amount
to nothing. You might as well in trying a case in court cite as
authorities a lot of cases that have never been tried. No one
of the cases which the Senator from Michigan cited was ever
brought before the Senate. There is not a contested case which
he has cited.
I have given two cases here in which the Senate has decided
that where the proceedings were initiated on the third Tuesday,
which is not in entire accord with what the Senator from
Nebraska [Mr. B u r k e t t ] said, although I am very glad he has
reached the result he has in his own mind, because I do not
care what his line of reasoning is if he is going to vote for the
Senator-elect from Maryland— but in both those cases the Sen­
ate held that the statute was directory; that was in Miller's
case and in the Florida case. In the case of Hart and Miller
the proceedings were not commenced— the Senator from Michi­
gan overlooked that part of the statement— on the second Tues­
day, but on the third Tuesday, and the Senate held it made no
difference whether they were commenced on the second or the
third Tuesday; that the statute was only directory.
I do not go as far as that. It is not necessary. I say the
second Tuesday must elapse after organization. I am perfectly
willing to admit that that part is mandatory; that it must be
the second Tuesday after the organization of the legislature; but
I will never admit that the second Tuesday clause comes into
this provision with respect to notice, and before you refuse the
Senator from Maryland his rights you have to interpolate those
words into the provision as to notice, that two Tuesdays must
elapse after notice, when there are no such words in the
statute.
It is all right to talk about the reports of committees. We
all know that the courts, in an unbroken line of cases, have de­
clined in the construction of statutes to be entirely governed
by antecedent matters connected with the legislation. They
have taken the view of course that the statute merged the pro­
ceeding. You may find the report of the committee one way and
you may find the law another way. The law merges the pro­
ceedings, and the antecedent proceedings do not always enlighten
us in the construction of the law. W e are not to decide this
case upon any proceedings that took place before the passage of
the law.
The filing of the bill, the discussion in the committee room,
the reports of the committee are all gone when the law
is passed, and the question is not how will you construe
those proceedings, hut how will you construe the law, and here
is the law providing for notice, without saying one word to
the effect that two Tuesdays must elapse after the notice is
;iven.
Mr. BURKETT. W ill the Senator from Maryland permit me
i question? He says that in this case the second Tuesday
loes not have any reference to the time of the death, but only
efers to the second Tuesday after the organization. Supposing
n this case one house of the legislature of Maryland had been
me way and the other house had been the other way with
•eferenee to the election of a Senator, and they had not come
ocether that one wanted to set one day for the election of a
Senator and the other another. Suppose one of the houses had
ietermined to sit the next day, and the other house had ftgrjw
o sit two or three days later on for the election o f S e n a k n
Yhat would have been the result if this statute is not to pro'
he time when they must get together and vote?
Mr. RAYNER. If the legislature proposes not to elect «
senator, it must take the responsibility. If the legislature doe

1908.

CONGRESSIONAL RECORD— SENATE.

not elect, it must take tlie result. My construction is that the elect from Maryland to leave this presence. There is no such
second Tuesday must elapse after organization. It is impos­ case. I have cited an unbroken line of cases— and the Senator
sible for me to change my mind about that. But it has nothing from Michigan has not referred to them, and the Senator from
whatever to do with notice. They can proceed the day after
Massachusetts has not referred to them; and no one has re­
they get the notice.
referred to them— where in every single instance the SenatorI want to announce to the Senate the situation we are in in elect was sworn and the question came up afterwards upon its
Maryland,
Our constitution provides that the general as­ merits.
sembly may continue its sessions so long as, in its judgment, the
I say, follow your precedents. It does not bind yon. It
puplic interest may require, for a period not more than ninety
does not conclude you. The question then, upon the motion of
days. The time of our general assembly expires on Monday any Senator who so desires it, as it was done upon the motion
night at 12 o’clock. Therefore we can not elect any member of
of Senator Hoar and other Senators in these cases, will be sent
the United States Senate. It would be impossible for us to do
to the Committee on Privileges and Elections. The Senator
it. It would be utterly impossible for the general assembly of fi om Maryland will have the right to appear there by counsel,
Maryland to comply with the suggestion of the Senator from if such a proceeding should occur.
Michigan.
Mr. President, I think this question is of great concern. You
This case might not occur again within a long time, be­
aie attempting to do a serious thing. You are denying to a
cause the death of Senator Whyte took place on Tuesday. If it State the constitutional right of representation.
had taken place on Monday, this case would not have arisen.
Mr. BEVERIDGE. I will simply say to the Senator that that
W e have not defied any law of Congress or anything of that
may be what has been proposed, but it has not been done here,
sort. W e have done the very best we could. W e could not do and I think the Senator will find that the entire gravity and
anything else. There was nothing else for us to do, because importance of this situation is entirely appreciated. I am
there is no other Tuesday that intervenes so as to entitle us to heartily with the Senator.
have an election. The undivided sentiment of our State is
Mr. IiAYNER. I understand that I am very much obliged
against calling an extra session for reasons that it is not neces­ to you. I am trying to get votes.
sary for me to enter into now. There is a protest from every
Mr. BEVERIDGE. I was informing the Senator that he has
part of our State, not only in my own party, but from the Re­ some votes on both sides.
publican party and from independent sources all through
Mr. RAYNER. I have some, but I want a few more. I feel
the State, againt an extra session. It would incur a useless ex­
the overwhelming work that is on me as a Senator from Mary­
pense of $30,000 to $40,000, and they would be kept in session
land, and the State is entitled to two Senators. I think every
fifteen days absolutely doing nothing, to settle a technicality, if State is entitled to two Senators. I would leave his Hall be­
you can dignify it by that name.
fore I voted to reject a man on proper credentials from a State
There is no contestant here; there is no protest. You estab­ I would say “ the State elected you, and now be sworn; and let
lish no precedent by letting the Senator-elect be sworn in. There the committee go into an inquiry about it, if an inquiry is de­
is not a single precedent, as I pointed out to the Senator from manded.”
Michigan, that is established. If the Senator-elect from Mary­
The point the Senator from Michigan makes is a mere techni­
land is now sworn in, your committee can take up this question,
cality. It is, in other words, that we must make the inquiry
and if you want to declare the seat vacant you can take it up
before the Senator-elect is sworn, and not after he is sworn.
and have a full discussion In the committee, and let us have a
M by not let this proposition go to the Committee on Privileges
full discussion in the Senate.
and Elections, and when the Senator who is sworn appears
In none of the cases the Senator from Michigan has cited has
before the committee have the question there decided, if neces­
the event happened in the manner that this event did, because sary?
here the Senator happened to die on a Tuesday which does not
I wish to say in conclusion that the Senator from Pennsyl­
Permit two Tuesdays to intervene before the adjournment of a
vania and the Senator from Michigan and the Senator from
legislature.
Massachusetts have not cited a case to contravene the un­
In not a single case that is cited has that been tlie case.
broken line of cases where if the credentials of a Senator are
The whole question here is whether this shall be done in view
proper he is sworn. That is all that I ask.
° f the fact that there never has been a Senator rejected here
My motion before the Senate is nothing further than that.
whose credentials were all right. The Senator from Colorado
I move that the credentials of John Walter Smith, Senator-elect
knows as much about these matters ns any man in this body,
from the State of Maryland, be taken from the table and that
and lie agrees with me. Furthermore, he has stated that tlie
he be sworn. Then, after he is sworn, the Senator from Michi­
only case that has been cited— the case from Pennsylvania—
gan can make a motion that his credentials be referred, as in
Was one where the irregularity upon the credentials of Senator
all those cases it was done, to the Committee on Privileges and
Quay appeared upon the face of the credentials.
Elections, if he so desires. Any other proceeding, Mr” Presi­
Mr. President, we had better be a little careful about this
dent, would be the gravest injustice, gratuitously inflicted upon
matter. It is not a party question. It is not a question of
a sovereign State that has the right of its constitutional repre­
supporting the dignity of the committee, because your commit­ sentation in the Senate.
tee has made no report. It is not a question of sustaining the
Mr. BURROWS. Mr. President, I think I appreciate fully,
opinion of the honored chairman of that committee, because
as the Senate does, the importance of the question.
he has never had the case iu hand to make au official report
The VICE-PRESIDENT. W ill the Senator from Michigan
to the Senate. He simply lias given liis views upon the con­
allow the motion to be stated?
struction of a statute and, admitting now that his construction
Mr. BURROWS. Certainly.
*? r‘Sht, there is no reason on this earth why every precedent
The VICE-PRESIDENT. The Senator from Maryland moves
should be disregarded and the Senator-elect from Maryland
that the credentials of John Walter Smith, Senator-elect from
should be the first Senator rejected upon tlie face of perfectly
the State of Maryland, be taken from the table, and that he be
Pi’Opcr credentials in accordance with the statutes of the United sworn.
states.
Mr. BURROWS. Mr. President, I was saying that I appre­
_ I do not think that some members of the Senate fully nppre- ciate the importance of this question and the very grave im­
Cl*ite the situation. You have never yet rejected a Senator portance of making a mistake in the matter. I feel as though
wdiere his credentials were in proper form. You have never the matter ought to be considered by a committee before action
Net collaterally impeached the certificate of a Senator by pro­ is taken. I therefore offer a substitute resolution for the mo­
ceedings dehors the certificate. It has never been done.
tion of the Senator from Maryland.
All 1 ask for here is the exercise of a prima facie right. Ia m
The VICE-PRESIDENT. The Senator from Michigan offers
not asking the Senate to determine this question. A man may a resolution which will be read.
yote to-day to let the Senator-elect be sworn and vote to-morrow
The Secretary read as follows:
to have his seat vacated, and there is no conflict between his
Resolved, That the credentials of John Walter Smith claiming n
votes. The Senator from Indiana [Mr. B everidge], who will seat In the Senate from the State of Maryland, he taken from the
Vote to seat him, may, when the report comes in from the Com- files of the Senate and referred to the Committee on Privileges and
b
u
"littoe on Privileges and Elections, vote to unseat him, and Elections.
• c is not bound by anything he has said. He will then be able
>
Mr. BURROWS. I will say in this connection that if the
to examine into tlie merits. But now the whole question is as to resolution prevails I will call a meeting of the Committee on
tfie prima facie right of the Senator-elect to be sworn.
Privileges and Elections at once, to-morrow, to consider the
The Senator from Michigan is mistaken. He has no prec­ matter, and I promise the Senate an early report.
edents. There is no precedent. Give me a single precedent
Mr. RAYNER. As far as I am concerned that will not -suit
where a Senator appeared at the bar of the Senate with proper me, and it will not suit my State, and it will not suit anvbodv
credentials and was rejected. I f you do I will ask the Senator- Suppose we go into this question to-morrow, and have a meetX L II------ 248




3954

ing of the Committee on Privileges and Elections called, the
Senator-elect certainly must be given time to prepare his case.
Why is there this tremendous urgency in the case? Why is the
Senator from Michigan, without a protest or a contestant, pro­
posing to do in this case what has never been done before?
You want us to enter into a discussion of this very important
matter before the Committee on Privileges and Elections before
the case is ready for presentation? It might never be reported,
and then it might be reported after the legislature of Maryland
has adjourned and thus compel the governor to call an extra
session.
Mr. BURROWS. It does not make any difference whether
it is determined by the committee votes on Saturday or next
Monday, so far as the legislature is concerned. The governor
of your State can call an extra session of the legislature for
next Monday, before the members of the legislature leave the
capital of the State, and they can elect a Senator a week from
next Tuesday. But I do not care to discuss the matter further.
Mr. RAYNER. Mr. President, I propose to say a word.
Mr. BEVERIDGE. Mr. President------.
The VICE-PRESIDENT. Does the Senator from Maryland
yield to the Senator from Indiana?
Mr RAYNER. Certainly.
Mr BEVERIDGE. I wished merely to say if the Committee
/on Privileges and Elections were willing to act upon the case
/th is afternoon or to-night or to-morrow or at any other time
at this particular juncture, the Senator-elect has a right upon
his credentials, the regularity of which no man questions, to be
sworn in. The next hour we might take up this question and
try it in the regular way and exclude the Senator-elect. But
upon the only question now pending before the Senate, the
right of the Senator-elect to be sworn upon regular credentials,
he has that right, no matter if we were to vote to exclude him
in an hour.
Mr. BURROWS. I want to say in reply to the Senator from
Indiana that I have not yet forgotten the contention of the
Senate that when a member is once sworn in it will take a
two-thirds vote to dispossess him.
Mr RAYNER. The Senator from Michigan is mistaken
about that. There will not be an expulsion. If you decide
against the Senator-elect from Maryland, the seat is vacant ab
initio, and the question of expulsion does not enter into it

M 1
l:V




,

M aech 26

CONGRESSIONAL RECORD— SENATE.

atMr.’ BURROWS. I suppose the Senator from Maryland can
not speak for the Senate.
Mr. RAYNER. I can speak for the Senate.
Mr. BURROWS. I have offered my resolution as a substi­
tute, and I ask for a vote on it.
Mr. RAYNER. Mr. President, just a moment I want to
state the proposition. There is no occasion for expulsion. If
the Senator from Maryland was not elected, his seat is vacant.
It is not a question of doing any act. The case from Ltah pre­
sents no parallel. The governor of our State has been advised
by the attorney-general of the State, one of the best-read law­
yers in the State, and he has been advised by almost every
leading lawyer in our State— and we have as good a bar almost
as there is in the country; they are the peers of any other bar
in any other State— and the uniform opinion is that the action
of the legislature was regular and that the governor is right
about it and ought not to be called upon to call an extra ses­
sion These men have examined it, and he has acted under
their advice. Every leader of the Maryland bar, without hav­
ing any interest in it at all, has advised him to proceed in the
way he has, and acting on their advice lie has proceeded. The
question is whether the Senator-elect will be rejected.
Mr. BURROWS. On the resolution I have offered as a sub­
stitute I demand the yeas and nays.
The yeas and nays were ordered.
Mr. CULBERSON. Let me understand the proposition. The
Senator from Maryland offers a motion that the Senator-elect
be sworn. The Senator from Michigan proposes as a substi­
tute to send the credentials to the committee and to vote down
tbe proposition that the Senator-elect be sworn now.
The VICE-PRESIDENT. That is the effect of it. The
resolution to commit takes precedence. The Secretary will
call the roll.
The Secretary proceeded to call the roll.
Mr. DILLINGHAM (when his name was called). I again
announce the illness of the Senator from South Carolina [Mr.
T i l l m a n ], which renders liis absence necessary, and o f my
general pair with him. I transfer my pair to the Senator from
Nevada [Mr. Nixon] and vote. I vote “ yea.”
Mr. GAMBLE (when his name was called). I have a general
pair with the senior Senator from Nevada [Mr. Newlands],
and not knowing how be would vote if present, I will withhold
my vote for the present.

Mr. W ARREN (when his name was called). I have a gen­
eral pair with the Senator from Mississippi [Mr. M oney ], who
is detained from the Chamber by illness, I therefore with­
hold my vote.
The roll call was concluded.
Mr. CLAY. My colleague [Mr. B acon ] is absent. He is
paired with the senior Senator from Montana [Mr, Carter],
Were my colleague present he would vote “ nay."
Mr. KEAN. My colleague [Mr. B r ig g s ] is necessarily ab­
sent. I understand he is paired with the Senator from Mary­
land [Mr. R a y n e b ] .
Mr. RAYNER (after having voted in the negative). I thought
the pair was on the currency bill, but if the Senator from New
Jersey says it is on all legislation, I will withdraw my vote.
I stated distinctly the currency bill, but if it is the impression------Mr. KEAN. I would be very glad if the Senator should ar­
range a pair so that he can vote.
Mr. RAYNER. I will let my pair with the Senator from
New Jersey stand, if that is the understanding, and withdraw
my vote.
Mr. CULBERSON. I will state, generally, that Senators on
this side of the Chamber have general pairs, in some cases with
Senators on the other side, and I am inclined to think that some
of those Senators have voted. I do not invite attention to it ex­
cept generally, but I do it in a general way.
Mr. RAYNER. I want to state that the arrangement for a
pair with the Senator from New Jersey [Mr. B riggs] was made
before this question came up, and I can not see how it could
possibly apply to a question tbat&caine up to-day, unexpectedly.
Mr. KEAN. I am fully aware of that fact; and I do not know
how my colleague [Mr. B riggs] would vote. I should be glad if
the Senator from Maryland could arrange for a transfer of the
pair so that he could vote.
Mr. TELLER. Mr. President, I call for the regular order.
All this debate is out of order.
The VICE-PRESIDENT. The regular order is demanded.
The Chair would ask if the Senator from Maryland withdrew
his vote?
,
Mr. RAYNER. I will stand on my vote as cast. It can stand.
Mr. GAMBLE. I desire to announce that since my name was
called my pair with the Senator from Nevada [Mr. N e w l a n d s ]
has been transferred to the Senator from Maine [Mr. H ale ]
and I will vote. I vote “ yea.”
Mr. ELKINS (after having voted in the affirmative). I have
a general pair with the senior Senator from Texas [Mr.
Bailey.] I see that he is not in the Chamber, and I withdraw
my vote.
Mr, KEAN. I suggest to the Senator from West Virginia
that he transfer his pair to my colleague.
Mr. ELKINS. Very well; I will transfer my pair to the
junior Senator from New Jersey [Mr. B riggs] and let my vote
stand.
M r. CULLOM. I have a general pair with the junior Senator
from Virginia [M r . M a r t i n ] , but I understand that my pair has
been transferred to the Senator from Indiana [Mr. H e m e n w a y J.
I therefore vote “ yea.”
Mr. RAYNER. Is my vote recorded or withdrawn?
The VICE-PRESIDENT. The Senators vote is recorded.
The Secretary recapitulated the vote.
Mr. CULLOM. I am informed by one of the men on the floor
that there is some question raised as to the propriety of my
voting. I do not know how the Senator from Indiana E I i'*
A
H e m e n w a y ] would vote, but if there is any question about the
matter I will withdraw my vote and stand paired with the
Senator from Virginia [Mr. Martin].
Mr. SIMMONS (after having voted In the negative). I was
under the impression at the time I voted a few moments a "0
that a transfer of my pair with the junior Senator from Min­
nesota [Mr. Clapp] had been arranged. I find that that has
not been done, and therefore I withdraw my vote.
The result was announced— yeas 28, nays 34, as follows:
YEAS— 28.
Aldrich
Ankeny
Brnndegee
Bulkeley
Burnham
Burrows
Crane

Cnrtis
Depew
Dick
Dillingham
Dixon
Dolliver
du Pont

Bankhead
Beveridge
Borah
Bourne
Brown
Burkett
Clay
Culberson
Foster

Frazier
Frye
Gary
Gore
Guggenheim
Ileyburn
Johnston
La Toilette
McCreary

Elkins
Flint
Fo raker
Gallinger
Gamble
Hopkins
Kean

Knox
Lodge
Long
Nelson
Smith
Sutherland
Wetmore

NAYS— 34.
McCumber
McEnery
McLaurln
4 >*rn_
W&rmnn
Paynter
Perkins
Piles
Platt

Rayner
Richardson
Smoot
Stephenson
Taylor
Teller
Warner

&

w

f''
.-

C0NGEESSI0N

1908.
Allison
Bacon
Bailey
Briggs
Carter
Clapp
Clark, Wyo,

NOT VOTING— 27.
Clarke, Ark.
Hemenway
Kittredge
Cullom
Martin
Daniel
Davis
Money
Newlands
Fulton
Nixon
Hale
Penrose
Hansbrough

The VICE-PRESIDENT.

Scott
Simmons
Stone
Taliaferro
Tillman
Warren

The question recurs on the motion

He also introduced a bill (S. G348) granting a pension to
Francis M. Snead, which was read twice by its title and, with
the accompanying papers, referred to the Committee on Pen­
sions.
He also introduced a bill (S. 6349) to remove the charge of
desertion from the military record of John Tayhan, which was
read twice by its title and, with the accompanying paper, re­
ferred to the Committee on Military Affairs.

of the Senator from Maryland [Mr. Rayner], that the creden­

The VICE-PRESIDENT laid before the Senate the following
message from the President of the United States, which was
read and, with the accompanying papers, referred to the Com­
mittee on Foreign Relations and ordered to be printed:

ALBERT NELSON.

The VICE-PRESIDENT laid before the Senate a communi­
cation from the Secretary of the Interior, presenting, in com­
pliance with the resolution of May 29, 1830, the name of Albert
Nelson, of Suter’s tract, Allendale, Alameda County, Cal., late
gunner’s mate, second class, U. S. S. Wheeling, who is now pen­
sioned at $24 per month, and who by reason of his present con­
dition should be granted a pension of at least $50 per month,
and for which the Commissioner of Pensions has not sufficient
power or authority, which was referred to the Committee on
Pensions and ordered to be printed.
NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION.

The VICE-PRESIDENT laid before the Senate a communica­
tion from the Secretary of the Smithsonian Institution, trans­
mitting, pursuant to law, the tenth report of the National So­
ciety of the Daughters of the American Revolution, which,
with the accompanying paper, was referred to the Committee on
Printing.
PETER CLAUDE.

Mr. DEPEW presented sundry papers to accompany the bill
(S. G1GG) for the relief of Peter Claude, which were referred to
the Committee on Pensions.
COMMITTEE SERVICE.

Mr. LODGE, on behalf of Mr. H ansbrough , asked that that
Senator be relieved from further service as chairman of the
Committee on Public Lands, to take effect April 1, 1908, and it
was agreed to.
Mr. NELSON was, on his own motion, relieved from further
service as chairman of the Committee on the Mississippi River
and its Tributaries, to take effect April 1, 1908.
Mr. WARNER was, on his own motion, relieved from further
service as chairman of the Select Committee on Industrial Ex­
positions, to take effect April 1, 1908.
Mr. LODGE submitted the following resolution, which was
considered by unanimous consent and agreed t o :
Resolved, That Mr. H ansbrough be appointed to fill the vacancy in
the chairmanship of the Committee on Agriculture and Forestry; that
"Jr, Nelson be appointed to fill the vacancy in the chairmanship of
the Committee on Public Lands; and that Mr. W arner be appointed
to fill the vacancy in the chairmanship of the Committee on the Missis1&08 Iiiver ant*
Tributaries; said appointments to take effect April 1,

Mr. LODGE submitted the following resolution, which was
considered by unanimous consent and agreed t o :
Resolved, That Mr. G uggenheim be appointed to fill the vacancy In
me Committee on Post-Offices and Post-Roads.

Mr. LODGE submitted the following resolution, which was
considered by unanimous consent and agreed t o :
Resolved, That Mr. B urkett be appointed to fill the vacancy in the
committee on Agriculture and Forestry.
BILLS INTRODUCED.

V

1

MISS ELLEN M. STONE.

tials of the Senator-elect from Maryland be taken from the
table and that the oath of office be now administered. [Put­
ting the question.] The “ ayes” have it, and the Senator-elect
will present himself at the Vice-President’s desk and take the
oath prescribed by law. [Applause in the galleries.] The
Chair must admonish the occupants of the galleries that under
the rules of the Senate applause is not permitted.
Mr. Smith, escorted by Mr. Rayner, advanced to the VicePresident’s desk, and the oath prescribed by law having been
administered to him, he took his seat in the Senate,

Mr. BU RKETT introduced a bill (S. G344) granting an in­
crease of pension to J. M. Crosby, which was read twice by its
title and referred to the Committee on Pensions.
He also introduced a bill (S. 6345) granting an increase of
Pension to William O’Brien, which was read twice by its title
hnd, with the accompanying papers, referred to the Committee
°h Pensions.
Mr. FORAKER introduced a hill (S. G346) granting an in­
crease of pension to Lydia I. Taylor, which was read twice by
Rs title and referred to the Committee on Pensions.
He also introduced a bill (S. G347) granting an increase of
Pension to Joseph P. Boals, which was read twice by its title
and, with the accompanying papers, referred to the Committee
on Pensions.




To the Senate and House of Representatives:
I transmit herewith for the consideration of the Congress a letter from
the Secretary of State on the subject of the repayment to the contrib­
utors of the money raised to pay the ransom for the release of Miss
Ellen M. Stone, an American missionary to Turkey, who was abducted
by brigands on September 3, 1901, while traveling on the highway from
Raslog to Djumabala, in the Turkish Empire.
T heodore R oosevelt .
T h e W h it e H ou se , March 2G 190S.
,
AMENDMENT OF THE NATIONAL BANKING LAWS.

Mr. ALDRICH. I ask that the bill (S. 3023) to amend the
national banking laws be now laid before the Senate.
The Senate, as in Committee of the Whole, resumed consid­
eration of the hill (S. 3023) to amend the national banking
laws.
Mr. W ARREN. I simply wish to inquire if any time has
been granted for morning business to-day?
The VICE-PRESIDENT. There has been no time granted
for thut purpose.
Mr. WARREN. And is morning business now in order, with
the consent of the Senator from Rhode Island, who has charge
of the floor?
Mr. BEVERIDGE. It is in order by unanimous consent.
The VICE-PRESIDENT. I f the Senator from Rhode Island
is recognized, so long as he has the floor no morning business
is in order.
Mr. ALDRICH. I prefer that Senators will wait until to­
morrow morning to present morning business.
Mr. WARREN. Very well; let it go over then.
Mr. CULBERSON. Mr. President------ The VICE-PRESIDENT. Does the Senator from Rhode
Island yield to the Senator from Texas?
Mr. CULBERSON. I did not ask the Senator to yield, Mr.
President. I thought the floor was not occupied.
Mr. ALDRICH. I did not understand the Senator.
The VICE-PRESIDENT. The Chair asked the Senator from
Rhode Island if he would yield to the Senator from Texas.
Mr. ALDRICH. I yield the floor.
Mr. CULBERSON. I do not desire to take the Senator from
Rhode Island off the floor. I supposed the bill was before the
Senate and that the floor was unoccupied by any Senator, and I
addressed tlie Chair accordingly. I f the Senator from Rhode
Island has anything to say, I will wait until he concludes.
Mr. ALDRICH. I have nothing to present. I merely called
the bill up.
Mr. CULBERSON. Mr. President, I then offer the amend­
ment on the question of reserves, which I send to the desk, and
invite the attention of the Senator from Minnesota [Mr.
N elson] to the amendment now proposed.
The VICE-PRESIDENT. The amendment proposed by the
Senator from Texas will be stated.
The Secretary. On page 10, line 3, after the words “ Sec.
8,” it is proposed to insert the following:
That from and after January I, 1909, every national bank shall
have and keep on hand in its vaults the reserve of lawful money pro­
vided for by law. All laws and parts of laws which authorize na­
tional banks to have and keep part of their reserve in other national
banks are hereby repealed.

The VICE-PRESIDENT. The pending amendment is the
amendment proposed by the Senator from North Carolina [Mr.
S im mons ].
Mr. NELSON. I desire to state, Mr. President, that in some
respects the amendment offered by the Senator from Texas as
a substitute or an amendment to take the place of an amend­
ment I offered yesterday I think is a better amendment than
mine; and I am quite willing that it shall take the place of
the amendment which I offered.
The VICE-PRESIDENT. The pending amendment is the
amendment proposed by the Senator from North Carolina [Mr.
Sim mons ], which will be again stated by the Secretary.
The Secretary. It is proposed to strike out all after the
words “ of the United States,” in line 4, page 7, down to the
word “ every,” in line 7, page 8, and insert in lieu thereof the
words “ shall pay a monthly tax of one-fourth of 1 per cent

)
| ttlj

/J
■ j.iU ii

2430

CONGRESSIONAL RECORD— SENATE.

vided in 1900 by the amendment he was then unwilling to ac­
cept we would have avoided the enormous injury of the panic
of 1907-8.
I regret, however, that in adopting the principles which were
submitted in the amendment proposed to the financial bill of
1900 the Senator from Rhode Island has not improved the
original suggestion, but has weakened its effectiveness in
various important ways, as I shall hereafter point out.
I submit my observations on the pending measure, Mr. Presi­
dent, in the earnest hope that they may persuade the Senator
from Rhode Island and other Senators of this body to consider
the present bill with dispassionate care and without economic
prejudgment and with the greatest thoroughness before it is
finally passed, so that the bill when completed shall be drawn
as perfectly as the wisdom and patriotism of this body make
possible.
Mr. President, this Congress has abundant time in which to
perfect this bill. There is no need for haste, and those expres­
sions in the public prints when Congress met, that there was no
need for haste, met my approval, because I have observed that,
if there is one thing which has been thoroughly well established,
it is a perfect divergence of opinion on every kind of proposition
relating to this question. The only thing which has been thor­
oughly well established, I think, is lack of knowledge and of
coherent opinion on the part of many of the statesmen o f this
country with regard to this great remedial legislation now pro­
posed. This condition of uncertainty justifies and it imposes the
duty upon every man who owes allegiance to his State and who
represents his State on this floor, to study this great question
and determine it according to those correct principles which
have been demonstrated by those older nations o f the world,
who, under their experience, have learned a lesson which our
younger nation appears not yet to have acquired. Congress has
not only abundant time, but it has at its disposal every essential
fact upon which to make up its judgment.
It not only has the time and facts available, but it has ail
the wisdom and intelligence necessary for the framing of a
perfect statute, and I earnestly insist that the measure to be
adopted by the Senate of the United States shall be drawn so
as to remedy at least those defects in our present national
banking act which are perfectly palpable and obvious to every
thoughtful student of finance.
TUB PBJNCIPAIi CAUSES OF PAUIC.

Mr President, in drawing a measure of relief against panic,
which this bill avowedly is, it is of the highest importance to
determine what the causes of the panic are. I do not sympa­
thize with the chairman of the Committee on Finance when he
speaks of the causes of panic being an academic question. It is
a practical business question, upon which this Senate has a
right to have all o f the facts available; but there are some
facts which are so patent that they
1
asf ista^ ®
^
made perfectly clear to the knowledge of this body. M hen the
causes are clearly discovered, a remedy can be more easily piovided. I shall, therefore, endeavor to point out the principal
causes of panic.
The primary cause of panic is the fear of the people of the
insolvency of the banks.
#
The real cause of a panic is when the depositors, who number
millions upon millions of people, go into a bank, draw out their
small deposits of forty or fifty or a hundred dollars, carry them
home, lock them up in a trunk, and hide them away. There is
the chief evil of a panic. The depositors drew out of the New
York banks two hundred millions of dollars within a week, and
they drew out of the banks of the country an infinitely greater
sum
I have felt great pride in the people of Oklahoma that
they had the nerve to stand firm and not withdraw in any seri­
ous way their money for hoarding.
The causes leading to the fear of the people a r e :
First The rumors of bear manipulators alleging
tight
money,” “ high interest,” and “ impending panic,” and rumors
of threatened insolvency of banks, caused and promoted by those
engaged in the manufacture of bear markets, and of panics,
whether small or great, as a chief agency in compelling a bear
market. These rumors and thousands of others intended to dis­
turb confidence flow in endless stream from the gamblers on
the stock exchange, the great panic breeder.
Second. These rumors have sound foundation if those engaged
in producing panic are strong enough to cause tight money,
high interest, and the constriction of credits in the great money
centers; if they can and do withdraw at will millions for
hoarding; or if they can and do call “ demand loans ” for im­
mediate payment, when they have already put a strict limit on
thejivteusion of credits by the great controlling banks; if theyy




Eebkuaby 25,

force into bankruptcy and ruin individuals, banks, and trust
companies, or commercial enterprises whose property they covet,
they can cause insolvency and produce that fear in the minds of
the people which causes hoarding and panic.
Third. These rumors, causing the fear of the people, easily
gain force, because—
(a) The banks know that the country’ s reserves in New
York are tied up in gambling operations on the stock exchange
in so-called “ quick assets ” but which are not really available
to any great extent (because it would mean panic to force the
quick liquidation of such loans). There is a world of men who
have “ got to be helped ” in such times, as the bankers say,
and those loans are carried over.
(&) The banks know there is only 74 per cent of money in
total reserves in all o f the banks in the United States in cur­
rency, and that if the fear of the people is aroused, and that
if 5 per cent o f their depositors demanded their deposits in any
one week there would be a fearful panic, and the banker’s fear
is hypnotic of the people and excites the fear of the people in
ways too numerous to mention— e. g., by
1. Refusing good loans, well secured.
2. Forcing solvent debtors to urgent settlement.
3. Talking hard times and tight money, etc.
A ll of those things make the banker himself the medium of
emphasizing these conditions and bringing about the very con­
dition which creates and makes panics. Any business man in
this Senate knows that I speak the truth when I call attention
to these things. I have helped guide the leading bank in my
State through two panics, and I understand the anxieties, anil
I think I understand the causes of panics.
(c) The banks know that the 15 and 25 per cent reserve in
lawful money is largely artificial and does not exist in lawful
money, as a matter of fact, and that their showing of reserves
is only a pretense of a strength that does not exist.
These sentimental influences lead with certainty to the fear
of the people, and then we have as the final consequence the
deadly evil of the hoarding of currency by the common people.
Fourteen dollars so hoarded by each one of the people would
not leave a dollar apiece in any one of the 23,000 banks of the
United States.
he hoarding by the common people, Mr. President, is not
e primary cause of panic, although a secondary cause, which
ntensifies and makes panic peculiarly dangerous. Hoarding is
the effect as well as cause of panic> It is the necessary imme­
diate consequence of fear or panic and becomes a factor in
panic of supreme importance.
Fear is the soul of a panic, and fear may be founded on any of
number of things
It may be due to some national calamity which paralyzes
credit and excites public alarm.
It may be due to the wholesale speculative loans of the de­
positors’ money, or to distrust engendered in the integrity of the
financial world from any cause. In 1893 the panic was arti­
ficially produced by circular letters sent out all over the country
suggesting the constriction of credits; by repeated suggestions
in the public press that the European investor was selling
American securities; that gold was leaving the country; that
the gold reserve was going down day by day, and that we were
on the very verge of panic.
I f you tell a depositor in a great variety of ways, and with
sufficient insistency, that we are on the verge of a panic, finally
the more timid of the depositors will actually withdraw their
deposits for hoarding, and when this takes place the bankers
take fright, and the alarm passes like an electric shock from
man to man until the depositors who are poor or cowardly take
out their deposits for hoarding on a vast scale.
The cause of the panic of 1907 in like manner was very simi­
lar. It was the result of a high market in stocks and bonds
steadily manipulated for several years, raising the booming cry
of “ prosperity ” and exciting the people into speculative buy­
ing of stocks, and then the change of tune and the reiterated
talk and suggestion of panic made either by those who had in
view the creation of panic and its consequent benefits to them,
by those called “ bear operators ” or the bigger men whose satel­
lites they are, or to the thoughtless talk of people who were in­
different to the result or ignorant of the hypnotic power which
repeated public suggestion exercises over the minds of the
people.
These constant suggestions of impending panic were sufficient
to create a panic regardless o f other contributing causes, and it
is well known to everybody that these continued suggestions
filially led to a general belief that a panic was impending. As
a necessary consequence there was more or less disturbance
in the mind of the average depositor, and only some incident,

1908.

CONGRESSIONAL RECORD— SENATE.

2431

tion if this self-insurance plan were provided. The emergency
such as the Knickerbocker Trust run, was necessary to start a
currency is intended to restore to circulation the money with­
violent panic under conditions o f general apprehension still eel
drawn from commerce and hoarded by the frightened depositor.
up in this way.
,. ,
.. ,,
I f the depositor has the assurance of safety in his deposit
The causes o f panic, Mr. P r e s id e n t, which excite the e
.he will not be frightened and he will not hoard his money, and
the people may he various, but the fear of the depositor, fioin ’there will be, probably, but little need for emergency currency.
whatever cause, is the real factor with which we must dea..
, Both provisions, however, Mr. President, I regard as essenThe fear of the depositor must be abated if we wish to pre­ ijtial, because the national banks comprise only 6,600 institu­
vent hoarding of the currency, which is so essential to the
- - tions out o f 23,000 banks. The national banks have only onebility of our commerce, to the healthfulness of our banking
third of the banking deposits of the country, and emergency
tutions, and to the welfare o f our business people.
V currency is necessary, therefore, to protect the country against
Two things are essential to prevent the fear of the deposi
. ■the fear and the consequent hoarding of the depositors o f the
(a ) H e must be assured that his deposit is safe, even it the other banking institutions o f the country who keep their re­
bank be found insolvent, and this remedy may be easily, c
serves with the national banks.
nomically, and abundantly provided by a guaranty fund avail­
Mr. D O L L IV E R . Mr. President------able from the taxes now paid into the United States Treasu j
The V IC E -P R E SID E N T. Does the Senator from Oklahoma
by the national banks on their circulation. It is u n ity- \
yield to the Senator from Iowa?
times more than is necessary, according to our statistics.
« Mr. O W E N . Certainly.)
(b) It is not entirely enough to satisfy the depositor tlia n
Mr. D O LLIV E R . H as the law of Oklahoma for the guar­
deposit is safe against the insolvency of the bank o f deposit, ou
anty o f deposits been put into operation?
he must be assured that he can get his money in currency v cn- , Mr. O W EN . It has..,
.
.
„
,
.
...
J
20
it
•
t Mr D O LLIVER . I Should like to ask the Senator how it has
Banks confessedly solvent in the last panic, from the Atlantic operated as respects the situation of the national banks? A s I
to the Pacific, about 23,000 of them, although solvent, reiusea understand, the law is applicable only to the State banks.
to pay currency to their depositors for the simple reason, * • S- Mr. O W EN . The Senator is mistaken with regard to the
President, that the banks of the United States have only about q aw being applicable only to the State banks. It is also ap
$7.50 with which to pay $100 o f their deposits, 1 the
1
plicab’ e to national banks where they choose to use their un­
positots should suddenly want their money in currency, a
divided profits for the purpose of buying insurance under the
State plan, which, I think, they can do by the consent of theif
banks know this in a general way, and for that reason wne
New York suspended currency payment in October last aim
^stockholders.
every bank from the Atlantic to the Pacific followed tins
Mr D O LLIV E R . Now, if the Senator will pardon the in­
ample within twenty-four hours. New York held the res
terruption, as he is evidently an expert in practical banking
of the banks o f the United States, and when New York retuseu matters, what would be the effect upon the national banks of
currency other banks felt compelled to do so.
a! Oklahoma provided they were not permitted to take shelter
The banks of Oklahoma, Mr. President, paid f 40 * 1
had under that State law?
to New York banks for currency when the New York ban v
Air. O W EN . It depends upon the condition o f the bank. I f
there is a national bank in a small town where there is no
on hand the reserves o f the Oklahoma banks.
I believe, however, that the New York banks went out in
(State bank, it would not affect it. I f in a small town there
the open market on the street and bought hoarded C
l, t1 ’ Are national banks, and there is a little State bank across the
I do not think they took it from their own money. So tnat t v street with a big sign in gold letters that its deposits are guar­
are not to be understood as speculating upon their c )
I
anteed, it would make the national bank lose deposits, and
ents. I believe they did the best they could under a v i
the national bank would be compelled to take out a State char­
ter. If, however, in a larger town, where a national bank was
condition.
,
.
.
thoroughly well established and its lines of business long contin­
Mr. President, the first essential is the security of the
depositor.
, .
flre ued, such as the bank with which I have had the honor to be con­
nected— the First National Bank o f Muskogee— I do not think
The second essential is emergency circulation, ana d
essentials to the stability o f our commerce.
/forfeits iit would have any appreciable effect.
Under our present banking system the national-bank
' Mr. D O LLIV E R . Now, i f it will not interrupt the Senator,
are entirely safe, but the ordinary depositor does not lea
what practical effect would it have on State and private banking
institutions of the country if a national law should guarantee
The report of the Comptroller o f the Currency,
the solvency of national bank deposits?
shows the net loss to creditors o f the insolvent banks since x
> / Mr. O W EN . I f that were done it would impose upon the \
State the duty o f doing that which I now insist this Govern­
as follow s:
$42,796 ment should do—-insuring the deposits of national banks or pro­
1898
__________
361. 181 viding for self-insurance. I f this Government should now pass
None.
1899
__________
1900
__________
117, 509 an act insuring the deposits out of the tax proposed— it is self1, H 3
1901
_________
insurance by the banks, not insurance by the Government— if
34,458
1902
__________
201, 084 that were done, it would then have the effect upon State banks
1903
__________
4.767 such as the Oklahoma law now has on national banks. In the
1904
_________
None. substitute which I have proposed, I have arranged that it shall
1905
__________
1006.
not go into operation for two years, so as to give opportunity '
' An average of about $85,000 per annum against net ^ p o sits, to the other States in the Union to establish a similar insurance
to
plan within their respective limits. The substitute which I have j
August 22, 1907, $5,250,000,000 a loss to
£
Ipl:
proposed only goes into immediate operation where the S ta te /
positors of only about one dollar m sixty thousand
.as already established a plan of insurance for the State b a n k s/
annum.
/»
rnpcrfl of in- &
Mr. D O LLIV E R . Now, Mr. President, if the Senator will
There never was in the history o f man a finer r. c^ wI1 by
tegrity, of intelligence, and o f good business tka
ri<rpt tpermit me one more question, I will not interrupt him any
this record of the national banks, and this count y <
■
0
further.
The V IC E -P R E SID E N T. Does the Senator from Oklahoma
to be proud o f that record.
.
.
thig
I f the future losses should average thirty-fiie
the yield to the Senator from Iowa?
, Mr. O W EN . I will be delighted to answer.
amount annually, the present tax on circulat
P ^
it be_
Mr. D O LLIV E R . W hat effect would it have upon solid, con­
national banks would be more than sufficient t
c a u s e -a n d I call your attention
on.tlie servative, well-managed banks if an act of Congress were to
over six hundred million d o lla r s m a k e s
million dollars put all national banks upon exactly the same level so far as
national-bank circulation of more than_ th
(h
and dol- their ability to pay their depositors is concerned? W h at effect
with which to pay the average loss °f e.ghty five tno .
.t ,g would that have upon the solvent, well-managed banks as against
*
lars. The depositors are safe “ P^hfl^The insurance of these •irresponsible, 01 more or less irresponsible and speculative
only for the moral effect after all that the m s u r a n ^
'banking institutions, offering large sums as interest upon de­
deposits will prove to the country to b e ° f ^ a t
present posits, and otherwise making themselves attractive to the com­
munity?
The security of the bank
^
deposit) i mi
tax on circulation to be used for^ the
Mence ana hoardMr. O W EN . I am delighted to have the Senator ask th e\
would prevent such depositoi fiom i o .n »
question, and I think I can answer it. The Senator from Iowa '
assumes that there is a class of speculative, reckless bankers
be a m u c h smaller aeed for emergency circula- fas:




I

jC

2432

CONGRESSIONAL RECORD— SENATE.

.

F

ebruary

2 ,d , 1

under no restraint wlio might rush in and acquire the deposits individual initiative and to the individual responsibilty or the
of the unsuspecting. By what argument is a deposit to be corporate responsibility, whichever you may see fit to denomi­
^
brought to a bank conducted by a speculator or a reckless, irre­ nate it.
Mr. O W E N . That is no doubt an interesting historical cir­
sponsible man? Everybody who is acquainted with the bank­
ing business knows that the depositor first wants to know cumstance. It arose in a time when there were no railroads,
above all other things that the bank at least is conducted in a .'when there was no means of communication, when it took a
conservative and in a reasonable and proper manner, and when week to get a letter from one end of New York to the other,
when there were no newspapers worth mentioning, no telephone,j
a depositor makes------ no telegraph, no public schools, a very defective Government;5
Mr. D O L L IV E R rose.
Mr. O W EN . I will answer the question if the Senator will when they had no sufficient and proper means of examination
such conditions oa
I
the answer yet. * am laying of the banks; and we have to ^ back to ~
permit me. i have not gotten to tne aubnei je i. I ^
^ go
, , in
my premises I will answer it if the Senator will have patience, border to justify us in adopting the experiences of that date as
He has asked me a question and I will answer it to his sa tis-. a guide for the present. There is no true parallel, lo-day
---------x----------- w
y
we have the most perfect banking system in the world m tne
faction, unless he wants to ask me another question.
national banks of this country, I think. Their losses to their
Mr. D OLLIVER. I just desired an answer to my question.
Mr. O W EN . I am going to answer the Senators question creditors during the last nine years have averaged only about
one dollar in seventy thousand a year. There were losses
completely.
.
..
'
You are assuming in your question that the irresponsible, of eighty-five thousand per annum only, out o i nearly six thou­
sand million of deposits; and shall we go back and point to
feckless banker is going to attract the depositor. I therefore
1830, the days of our great grandfathers, and have it said that \
go directly to the causes which lead a depositor to make his
we shall not avail ourselves of modern knowledge and modern
deposit. W hat are those causes? The first thing he wants
appliances? W e have improved since that day, and we can J
to know is that the banker is a decent and an honorable man,
im prove still more.
and under our system of banking we have the most abundant
Mr. B A IL E Y . Mr. President------provisions thrown around the ordinary banker. I take it that
The VIC E-PR E SID EN T. Does the Senator from Oklahoma
the State of Iowa has a proper law requiring a reasonable
jcontrol and requiring reasonable compliance with those pro­ yield to the Senator from Texas?
Mr. O W E N . Certainly.
visions found necessary to sound banking.
Mr. B A IL E Y . I suggest that when the Senator from Okla­
But I want to call attention to the fact that under our sys- homa undertakes the New York investigation, if he will extend
! tern of government any man who is guilty of fraud as a banker his research a little, he will find that the State of Michigan once
‘ is guilty of a criminal offense, and is restrained by the criminal enacted almost precisely the same kind of law in regard to the
} code. Under the substitute which I have suggested here, the insurance of State bank notes, and that it failed.
insurance plan only goes to the noninterest-bearing deposits / Mr. OW EN . That justifies the Senator from Michigan.
and the man who wants to invite into the bank deposits bj{[Laughter.]
giving interest and paying people to make deposits with him,
Mr. SM ITH. It may justify the Senator from Oklahoma.
the deposit being otherwise guaranteed, has no foundation on
Mr. O W EN . There are some obvious defects in our national
earth to invite those deposits except his own bad character, banking system, which have been factors in producing the panic
and that is not a good magnet with which to attract deposits.
of 1907-8, which ought to be remedied. For example—
When he established his bank he must comply in the first place
(a ) The tying up of the resources and reserves of the banks
with the law and he must put up his money to establish his of the United States in loans for speculative purposes when
bank. The smallest of the national banks must have $25,000 their resources should be available for legitimate commerce,
of capital and the stockholders are liable for a like amount, for manufacturing and industrial enterprises, for moving the
making a bond of $50,000 standing between the depositor and agricultural, mineral, and manufactured products of the coun­
loss. Therefore these objections which are made that it will
try.
\ encourage reckless banking have no genuine foundation.
(b) The loaning o f funds to active officers of a bank without
Mr. SM ITH. Mr. President------. proper safeguards should be forbidden.
The VIC E-PR E SID EN T. Does the Senator from Oklahoma
(c) The cash reserves should be strengthened.
yield to the Senator from Michigan?
AH of these things are advisable safeguards against panics,
Mr. OW EN. I am delighted to yield. /
and should be provided for now while a bill is pending the
Mr SM ITH . I should like to ask the Senator from Okla­ declared purpose of which is to prevent panic.
homa whether he knows of any State in the history of our
Mr. President, I wish to point out clearly what the bill re­
Government that has guaranteed deposits except his own?
ported by the Finance Committee contains and in what way it
Mr. OW EN . I do not know of any State that has guaranteed is objectionable in its present form.
Second Mr. President, I wish to point out what this bill
deposits. I understand in the history of the past that there have
been some such experiences, which were based upon an insuffi­ ought to ’ contain and what the substitute therefor, which I
cient foundation.
' propose to submit as an amendment, does contain.
Mr. SM ITH . I should like to say to the Senator from Okla­
W AT TH C M IT E B
H
E O M T E ILE C N A S.
O T IN
homa that as I am informed the State of New York once tried
an experiment of that kind, extending over a period of about
First. Mr. President, while the committee bill recognizes the
twelve years, and that it resulted most disastrously to that part importance of emergency money, it limits the issue to $500,of the safety fund, and that they failed to raise enough to pay 000,000 of emergency notes, which has been demonstrated with
the bad debts of the banks which were members of that so- great force by the chairman himself to he insufficient in volume,
called organization, and that they fell shy several million dol­ and then imposes restrictions that will prevent any but a frac­
lars of being able to pay out finally.
tional issue of the volume suggested, and closes every door to
Mr O W EN
If the Senator from Michigan will make his relief until the Secretary of the Treasury declares an emer­
suggestion sufficiently definite I will undertake to get the sta­ gency. The Secretary of the Treasury should have no authority
tistics and account for the reason why they failed, but I am to refuse relief or to defer it because within a few days irrep­
now talking about a modern condition and I am not talking arable damage may be done the bank on which a heavy run
\ about the poor and ineffective kind of government we had in may be precipitated.
You take such a case as that of the run on the National Bank
\the days of our ancestors.
^ Mr. SM ITH. For the information of the Senator from Okla­ of Commerce in Kansas City, a bank which had nearly $40,000,000 of resources and which stood up and paid $18,000,000 to its
homa, if he is willing------depositors before it pulled down its flag in surrender. There
Mr. OW EN . I am delighted.
was a case where an emergency might not be declared by the
Mr. SM ITH. I may further say that the legislature of the
Secretary of the Treasury as a national matter, and yet it was
State of New York did, under considerable pressure, pass a
an emergency of a critical character for that great institution
law providing that all banks seeking recharter and all banks
and for the entire Southwest. The remedy ought to he left
newlv organized should contribute to a safety fund one-third
wide open so that any bank that wants relief shall be able to
of 1 per cent upon their capital, and that from that source for
get it, and get relief immediately.
a period of twelve years a large fund was set ®S e ,
l^
*
Second. The committee bill makes the emergency notes n ipurpose of paying the bad debts of the banks ° f that State.
tional-bank notes in form, requiring 6,G O varieties of notes
O
As I said a moment ago, that ran along from perhaps 1830 to
1 without sound reason, when these notes are really made United
1845 when the statute was repealed, the practice was discon­
States notes payable in gold or its equivalent.
tinued, and banking was left, as it ought to be left, to the




CONGRESSIONAL RECORD— SENATE.

1908.

Third. Tlie national banking associations are not permitted
to take advantage of this bill unless they come^ within certain
rigid ly described classes thus lim itin g 'th e efficiency of the f
Proposed remedy and nreventing its full and free exercise.
I
<«) No n ation a fb a n ^ n g 6 association which has less circula-1

2433

Mr. O W E N . The purposes o f the Senator from California
nd my own are the same. W e are in exact accord in purpose. The proposed substitute that I offer does not limit the
emergency issue to $500,000,000. It puts no limit on it. The
j j j l t proposed
£e “
y
, he
t
a g g j j * this

pn tlisysr.ffi
em
-

ted to have the benefit of relief against ° ' „ n T capital “
panic.
(6 ) No national bank which has a surplus of less than 20
Per cent is permitted to have relief against panic.
(c) In no event is any national bank to have any relief in
emergency notes exceeding a gross amount of its outstanding
Dotes, whether normal or emergency, in excess o f the capital
and surplus of such bank.
(d) Even under these unnecessary, vexatious, reactionary
limitations, the national banks within the classes described are
°Dly permitted to have relief of a limited amount of these
emergency notes, apportioned off to each of the several States,
regardless o f the national exigency.
Fourth. No State bank, uo trust company, no savings hank:
ho private bank, is permitted to have the benefit o f this remedy
against panic, although holding two-thirds of the banking
v CaPital of the United States and less than 4 per cent currency
V reserve, and, therefore, peculiarly dangerous to our financial

overlooks the most important item. W e required over a thou­
sand millions in this last panic, and that did not control it.
W h y shall we now limit it to five hundred millions, and then
imit that amount in such a manner as not to make it available
fhere it is required?
More than that I agree with the Senator from C aliforn ia/
with regard to the control o f the New York Stock Exchange,and I introduced a bill to-day proposing to remedy that evil in
some degree; that bill proposes that no Stock Exchange quota-:
tions shall have access to our national mails except under the
supervision and control of the Department o f Commerce and
Labor under proper safeguards to prevent gambling and fraud.
That will put a stop to the gambling which robs the innocent
nd unprotected in this country.
But I propose more in this substitute which I offer now to
the Senate.
I propose that the New York Stock Exchange
gambling shall be limited by a provision on this bill forbidding
stability.
^ the national banks to use their depositors’ money in making
loans for the speculative buying of stocks and bonds on that
Mr. F L IN T . Mr. President------. .
.The V IC E -P R E S ID E N T . Does the Senator from Oklahoma market. They recently tied up all our national reserves when
they were needed to move the cotton crop; the wheat crop;
yield to the Senator from California?
needed to run the factories o f New England and needed to run
C Mr. O W E N . Certainly.*)
Mr. F L IN T . I wish to ask the Senator from Oklahoma if he the coal mines and the great works in Pennsylvania and the
intends to make any observations with reference to the limitH- other eastern States. It is high time that this country was
GOn on the issue to the various States? I f not, I should like to advised as to its rights and that the Senate should put a stop to
ask him a question, as I am somewhat in accord with him in ret- ■ such practices; and I believe from the opiuions which I know
erence to the matter of limiting the issue to the entire country^ the Senator himself entertains from his questions that he will
Mr. O W E N . California could get only twelve million dollars be in accord at least with the purposes o f the suggestions I

uoder this bill.
.
Mr. F L IN T . I understand. But assuming that a condition
existed like that in the last panic and there is this limitation
9~ $500,000,000, and the currency is all issued in the State o
York, California would not get any.
Mr. O W E N . It would under my plan, but it would be better
“ supply enough to New York to prevent panic in the first
Place, and still not deny California what it needed.
Mr. F L IN T . I f the stock market were eliminated, I would be
Perfectly willing to provide in this bill that the amount of cur­
a c y should not be limited. But if a condition should arise
^uch as existed in the late panic, I think it should be limited
as to the States, so that the entire amount should not be issued
the banks in the State o f New York.
j
f Mr. O W E N . I shall discuss that further along. But I wil .
/ la brief make this answ er: I do not think the emergency cur
rency should be limited in issue at all. I f New V ork n eed s
*500,000,000, I think New York ought to have $ 500,000,000,
Without denying to San Francisco one hundred million at t
®
ame time, if it proved to be necessary. W h y is this refie
Denied? W hat is the purpose o f it? W e are trying to proud
against panics, are we not? W hat Is the sense, the comm011
^fise, o f denying a sufficient issue to make panics impossible.
Mr. F L IN T . Mr. President------.The V IC E -P R E SID E N T . Does the Senator from O k la h o m a
yield further to the Senator from California?
Mr. O W E N . Certainly.
Mr. F L IN T . W hile we are desirous of stopping panics, it
niay be that we are not desirous o f encouraging a condition oi
a ffairs in the New York stock market where speculators wii
nave this money issued and go on and deal in stocks and have
the prices advance four or five times their real value, which has
been the result when the money has all been concentrated in
the city of New York. The purpose of this bill, as I under­
stand, is to prevent such a condition, and the reason the amount
is left to the Secretary of the Treasury or to the commission
composed o f the Comptroller and the Secretary o f the 'Treasury
is that the New York banks can not themselves determine when
they will promote stock-gambling propositions with this rnonej,
but rather that the money shall be used to stop panics through­
out the country and to relieve a condition that we know exists
in the W est, and not only in the West, but In the South, eacn
y ear; and that is that we require more money at certain periods
of the year. I f this was not left to the Secretary of the
[Treasury, and if it was left unlimited, the entire amount, as I
have said, would be issued in the city o f New York at times
nud not used to stop a panic, but used to continue a stock-gam­
bling operation that has existed there from time to time.
X L I I -------153




'•make.

Mr. F LIN T.
I am not prepared to commit myself to the
measure, but I am prepared to commit myself to the views.
( Mr. O W E N . I said the purposes, Mr. President.
Mr. F LIN T. I want to ask the Senator another question, as
he has given some study to this matter and as he now refers to
the condition o f affairs in the New York market and the loan
of money there deposited by the various banks throughout the
country. I desire to ask him whether or not he has given any
study to the conditions that have existed since the panic, to
ascertain whether the same banks which complained that they
could not obtain their money from the banks in New York have
not again deposited the money in New York, and are doing it
now, so that they have to-day a far larger percentage on deposit
1 in the New York banks than the condition o f the country would
(justify.
Mr. SMOOT. More than they had before.
Mr. FLIN T. And more than they had before.
Mr. O W E N . I think that undoubtedly is the case. They are
piling up money there now, and the money is coming out of
hoarding. Now that the opportunity has been presented by a
bear market to buy cheap stocks there is a strong demand in
our financial centers.
Mr. F L IN T . W hat I wanted the Senator to answer is not
whether the money was coming out o f hoarding, but whether the
banks in the South and the Middle W est and the Pacific coast
States which complained that they could not get their money
and said they would not deposit in New York again, did not
immediately after this panic was over deposit their money in
the New York center.
Mr. O W E N . l a m not aware what the statistics would show
with regard to the redeposits since the panic in New York. I
do not think there could have been a very great deal o f redepos­
iting. Since the southern and western banks could not get
, their money out when they wanted it they probably have left it
; where it was. They could not get it when they wanted it, and
I guess they have left it there. [Laughter.]
Mr. F L IN T . I am directing the attention of the Senator
not only to the fact that they left it there, but that immedi­
ately after the panic they deposited more at the very place
from which they could not get it during the panic.
Mr. O W E N . I will answer the Senator by saying that the
substitute I propose requires them to keep it at home.
Mr. F L IN T . That is the very question I wanted the Senator
to answer, whether he had studied that question, and whether
he did not think it was necessary to have some legislation
which would compel the banks to keep their money nearer
home or in their vaults?

. i

mtm

2434

CONGRESSIONAL RECORD— SENATE.

F

ebru ary

25,

/
.
(M r. O W E N . Undoubtedly.
This committee bill is defective in these particulars, and as
Mr. SMOOT. Mr. President------it is seriously defective in these particulars, I insist upon it that
The V IC E -P R E SID E N T . Does the Senator from Oklahoma it shall be amended so as to meet the conditions of this country.
yield to the Senator from Utah?
It is further defective in the following particular:
/Mr. O W E N . W ith pleasure.
UNITED STATES BONDS DENIED THE PKIVILEGE GIVEN RAILROAD BONDS.
Mr. SMOOT. I should like to ask the Senator if he does
not know, as I believe every other Senator in this Chamber
Fifth. In the committee bill United States bonds are not per­
knows, that banks in the South and banks in the W est send mitted to be used as a basis for emergency currency notes, while
their money to New York for the purpose of receiving interest this privilege is given to railroad bonds, and language is used
on their daily balances, and also because the money can be throughout this measure by which to make effective this dis­
used better in New York than if it was left in their own vaults tinction in favor o f railroad bonds against United States bonds.
at home. A draft upon New York is good anywhere in this Railroad bonds should not have this public function, and United
country.
States bonds should have i t
|Mr. O W E N . Except in panics.
Sixth. The committee bill to prevent
panic removes every
Mr. SMOOT. It is for that reason that the money was there. limitation on the contraction of $600,000,000 o f our norn
na­
Continuing along the line of the remark of the Senator from tional-bank currency, when some reasonable limit is necessary,
California, I will state that the deposits in New York by the unless by inviting unlimited contraction of this currency we
banks of the W est and also the South are greater to-day than wish to prolong low prices of commodities and prevent a prompt
they were at the time of the panic, and those banks are send- reaction from the effects o f the present panic.
ing the money to New York because they have confidence in the
Mr, AL D R IC H . Mr. President------New York banks and they receive interest upon those deposits
The V IC E -P R E SID E N T . Does the Senator from Oklahoma
on their daily balances. The New York banks should not be yield to the Senator from Rhode Island?
charged with this. The bankers in the W est and in the South
IM r. O W E N . W ith pleasure.
want their money deposited in New York.
Mr. A L D R IC H . Does the Senator think if a bar
*n l
<
(— Mr. O W E N . I have no special concern at this time with $100,000 of United States bonds it would
not take out $
00
what the bankers want. I think it is a matter of small con­ in circulation at a half o f 1 per cent tax
instead of taki
ut
cern what the bankers want, or where they send their money $00,000 and paying 6 per cent tax?
for interest. They do send their money to New York for in­
Mr. O W E N . I will answer that question. I f I undi ..and
terest and they do send it there under the invitation of our r:his bill as drawn by the committee, while, o f course, any bank
notional-bank act, which requires the reserves to be kept in may use United States bonds for normal currency, yet nearly
j large measure in these so-called central reserve cities, a word all of our banks have their normal currency, particularly the
1 that ought to be struck out of our statute, in my opinion.
small banks— our western banks. They have in large measure,
'
Mr. SMOOT. Mr. President------many o f them, up to the face of their capital, and the emergency
The V IC E -P R E SID E N T . Does the Senator from Oklahoma notes possible under the committee bill are only as to the
yield further to the Senator from Utah?
surplus.^ Take a bank wuth $100,000 capital, for instance. Its
, Mr. O W EN . Certainly.
circulation is $100,000 of normal notes secured by United States
Mr. SMOOT. I fully agree with the Senator from Oklahoma bonds at one-half of 1 per cent tax. And this bill denies such
in that regard. I believe with all my heart that our reserves a bank the right to use United States bonds for emergency
ought to be kept largely in the banks at home, and I offered an currency and invites the use o f railroad bonds instead.
Mr. SMOOT. Mr. President------amendment here the other day for that very purpose, requir­
ing them to be kept there,
The V IC E-PR E SID EN T. Does the Senator from Oklahoma
yield to the Senator from Utah?
i Mr. O W EN . I agree.
Mr. O W EN . Certainly.
Mr. SMOOT. I do not want the New York banks to be found
Mr. SMOOT. I suppose the Senator has noticed the report
fault with when they should not be, and when the business men
of this country themselves have brought about the conditions of the Secretary of the Treasury, which shows that they only
have 67 per cent of the circulation they are entitled to.
complained of.
Mr. O W E N . The New York banks, the eastern banks, and
/ Mr. O W EN . I am not registering any complaint against the
lie banks in the big cities are the ones which are deficient I
j New York banks. I am discussing a principle of finance and
I of law on the floor of the Senate. I have made no complaint i die little banks in the country have very nearly their quota.
( against the New York banks. I am obliged to refer to the New r Mr- AL D R IC H . The average is about the same throught the country.
i York banks in discussing this matter because they are the cenMr. O W EN . Whether it is or not is entirely immaterial.
| tral reserve agents practically to whom flow the reserves of this
’hich has
nation, and when they use those reserves for speculative loans Jfrhe point I call attention to is that a national bank w
| t--- »------- --of capital, with $100,000 of normal notes issueda^ai uot
against
7 -1 nnnfinnrl ---- f Lio LJll 4- /v „ O aaa
r
- / hrr
-------—
. they use them to the injury of my State and of my section and | -$100,000 !fnfun *
l+-vl States bonds, is confined by this bill to the $20,000 of sur'z r
0
aa
11United C
j of my country— the United States.
' plus, if it has $20,000 of surplus, and on that $20,000 of surplus it
I have provided a carefully drawn plan in the substitute
which I propose, and in my remarks I submit a careful table may issue emergency notes, and those emergency notes so issued
showing how the plan will work out which I have suggested shall not be issued against United States bonds, but may be
with regard to these reserves, and I commend it to the attention against railroad bonds. Such a bank can not use United States i
of the Senator, because l a m sure he will agree with me. I am Ibonds for emergency currency and can use railroad bonds for /
such purpose. Am I right?
J
sure that our objects are the same, our purposes are the same,
A
and we ought to be careful not to be drawn in conflict over words a M ALI? ? IC H i Tiie bumber of banks in the United States
nor over the mere form of this proposed law. I have no attach­ that have the total amount of their circulation outstanding are
ment to form. It is substance that I want. I want these re­ a negligible quantity. I would not undertake to say for the
serves kept where they belong, so that when our cotton crop moment how many there are, but I think less than 100 in the
whole United States.
needs to be moved it shall move, and so that our factories shall
C\Ir. O W EN . You have not answered the question.
be employed and give the means of livelihood to the men and
Mr, ALD R IC H , Undoubtedly, if they had the full amount of
women of my State; so that our people shall not be denied their
daily bread as the result of the thoughtless speculation of any­ their circulation outstanding they could not take out any
further
body. I have no feeling of hostility even to the gambler, but surplus. amount under this bill, except for the amount of the
when we discuss principles of law we have a right to refer to
Mr. O W EN . Why does the Senator from Rhode Island evade 1
those conditions which are before onr eyes.
my question? W hy does he refuse to them the use of United/
I call attention to the fact that this bill refuses any relief to States bonds as to the surplus when he permits railroad bonds?
the State banks and to the trust companies and to the savings
Mr. ALD RIC H . Recause, as I say, the number of banks
banks, although they occupy and control two-thirds of the bank­ wnich have the total amount of their circulation outstanding
ing field in the United States. What is the reason for that? is so small that it is not necessary to make an exception, in my
Look at the Knickerbocker Trust Company with its sixty-seven judgment.
J
millions of deposits. There was no relief possible to that com­ t Mr. OW EN. It is a very remarkable exception. It Is an
pany, and yet the run on that company helped to precipitate jexception that I do not approve. A United States bond ought
the panic which locked up the currency of our great Republic mot to be given second place to a railroad bond for any purpose
from the Atlantic to the Pacific in an incredibly short time, .whatever, much less in a statute drawn in the Senate of the
within twenty-four hours.
UJnited States. In this case-, when I ask the Senator whether




J

r

CONGRESSIONAL RECORD— SENATE.

1908

or not the United States bonds can be used inl thatt instiaace. ^
emergency notes against that surplus, the Sen.
y > ’ , ,
the United States bonds can not be so used, and I ask him w y .
Mr. A L D R IC H . I tried to answer.
T<jland
Mr. OWEN. The effort o f the Senator fr “ “
‘ e.
to answer was a failure. The answer is
H w *1?_
gestion that United States bonds can be
bonds
culation is no reply to the question why t'twfcd\
ponds
can not be used for emergency circulation when
are given that preferential distinction.
m .
nro_
Seventh. The committee bill to prevent pamc make! ™ r a s
vision for forbidding national banks tying up t
imnorin speculative loans, which was notoriously one o
P
tant factors in the recent panic.
.
.
„ r„
Eighth. The committee bill to prevent panic mak-es
Pt
vision to prevent improper loans by active b
recent
‘ ; themselves, which practice proved one of then^
' VYor]'
Wit' contributing causes that precipitated panic m I
ness, the Morse banks and allied institutions.
.
Ninth. The committee bill to prevent panic is d ^ e c t n e becM
It does hot make a proper provision for the
t icnowlactual cash reserves in the manner which o u r P
re_
edge justifies and requires. It leaves the pres
serves uncorrected.
, ,
^ OTinil„v,

; Tenth. The rate o f interest o f 6 per cent is bard y g
»io insure and compel prompt retirement. ( Six P
you Id be used without loss and inflate the curre y
P
be
o f their value w ithout cost and w ith profit in
1
ggive
. gountry.) The tax on emergency currency should be p g
.and high enough to enforce its prompt contraction.
Eleventh. Above all, Mr. President, the committee bill t I
vent panic is most seriously defective because it P
. n
plan o f Insurance to the depositor o f the national,
the lack o f such assurance permits the fear o f t
P
to be excited and thus engenders national panic.
In discussing these objections, Mr. President, I
with the greatest brevity consistent with clearness.
PROPOSED ISSUE SHOULD NOT BE LIMITED IN

A ON.
MUT

First. The first objection, Mr. President, which
^ to
committee bill is the limitation of the proposed
$500,000,000, when the chairman of the Committee o n * i
has himself submitted figures showing that $ 467,000,000 o P
lie money, clearing-house certificates, checks mte
.
used for currency, and compulsory additional bank-no
t0
tion and forced gold importations were required in t
control in any substantial degree the last panic.

2435

in point of fact, they are really United States notes, payable
by the United States in gold, as they ought to be, and are
issued by the United States upon the security of first-class bonds
as collateral, 10 per cent in excess o f the value o f such notes,
and upon the further security of being a first lien on the assets
of the bank to which they have been loaned by the Treasury
of the United States.
The issue of these Treasury notes in this form is objection­
able, first, for the reason that the note which pretends to be
a national-bank note is really a United States note while it
I simulates the form of a national-bank note.
I do not like the pretense, and i f these emergency notes are
made “ circulating notes of national banking associations,” so
as to justify section 7 in the sweeping provision that all “ cir­
culating notes of national banking associations” shall be re­
deemed in “ lawful money ” instead of exchangeable in United
States notes as provided (sec. 3, act June 20, 1874), I think the
plan is unnecessary.
I should favor section 7, without regard to the emergency
notes, because it is of the greatest importance that every dollar
which is used in our country should have the same purchasing
power in the market and should be the equivalent of our na­
tional standard, the gold dollar.
But I very seriously object to the issue of these notes under a
pretended form of being national-bank notes, when, in point of
fact, they are not national-bank notes, but are United States
notes.
Mr. President, I object to section 6 of the committee bill,
which amends section 5172, for the reason that the issue of over
six thousand different forms of so-called national-bank notes
(really United States notes, redeemable in gold) does not de­
pend upon the solvency or the insolvency of the bank of issue,
but depends upon abundant collateral required by law to be de­
posited with the Treasury of the United States,
This cumbersome, irksome, awkward, unreasonable method
would require 6,600 varieties of engraved plates, expensive to
make, to keep, and to use.
It would require accounts to be kept with 6,600 banks as to
their emergency circulation outstanding. It would require many
extra employees and cause large unnecessary expense.
I f the emergency money consisted simply o f the United States
notes, but one form of plate would be required and confusion
and expense would be avoided. The administration would be
comparatively simple and economical.
Mr. President, the reasoning of the chairman of the Commit­
tee on Finance is entirely insufficient to justify any such cum­
bersome method. His reasoning is as follow s: *

Mr. President, the gross estimate o f these issues by
man is too small. There were a great number o f fl
. A *
o f which there is no record, and all o f these remedies
really failed to prevent the United States having the most aisas

T h e m a jo rity o f th e com m ittee w ere o f the op inion th a t fu rth e r issue
o f U n ited S ta te s notes a t th is tim e w o u l d e s t a b l i s h a d a n g e r o u s p r e c e ­
d e n t , and th a t th e approval o f their issue, even for tem porary and l i m ­
ited purposes, w ould le a d u l t i m a t e l y t o a p u b l ic d e m a n d f o r a c o n t i n u a l
e n l a r g e m e n t o f t h e i s s u e w henever a reasonable p retext could be fou n d.

trous panic in its history.
. , . ia n7
A greater volume than $500,000,000 was required in lM t xo

In other words, Mr. President, the only justification for this
cumbersome and unreasonable method is the fear that this
emergency currency, if issued as United States notes, although
the law be so drawn that such emergency notes can never be­
come a part of our permanent circulation, nevertheless might
I “ lead ultimately to a popular demand for a continual enlarge­
ment of the issue.”
I confess, Mr. President, that I see no reason whatever to
fear the occasional use, once in ten years, of this emergency
[ currency. It never would be used as a matter of fact. I agree
with the argument of the chairman of the Committee on
Finance in that respect, that these emergency measures hardly
( ever will be used at all, because when you have the remedy
provided and safety assured the danger would not occur, and
there would be no substantial use for any o f these notes; but if
they were used once in ten years, in case o f some threatened
financial disaster, that would certainly not lead to any popular
demand for the enlargement o f the issue, provided the emer­
gency issue arranged in the first case is found large enough
when put to future test.
The intention should be to make it abundant enough in the
first case, and there can then be no excuse whatever to make it
more abundant. I f we do make it abundant enough, then no
enlargement is desirable by anybody.
I f this were an addition to our normal circulation there
I might be force in the suggestion, but it is not an addition to our
iordinary normal circulation and will probably never be needed
hereafter at all, for the reason that the existence o f the remedy
will remove the fear of the people and make its actual future
use entirely unnecessary.
And there will be hundreds of these banks whose emergency

control this panic.
. ... .
0f
W e are now proposing a remedy which shall
the P
clearing-house certificates, o f private checks, o f e
*
largement o f norm al national-bank note circulat o ,
forced gold importation, and when we do provide tn
we ought not only to make it large enough, ns sum
5
volume demonstrated to have been necessary In Mtu
should remember that in another twenty years °
capital, if it continues w ith the same average gr
twice
future which it has in the past, w ill be far in exc
. of
what it is now, and the proportionate demand for
this character may on some day be more than tw ice w
in 1907. We, therefore, should put no limit upon tins rern y,
for the substantial reason that it violates sound rea
itqelf
immediate experience to lim it the remedy. The *e
^ nr0.
involves the Government in no responsibility and
. J *
vides a substantial profit to the Government, just in
f , fnr
It may be utilized. W hy should we limit our wat r
PP y
extinguishing a national financial conflagration w
nnhlic
not only costs us nothing, but wT be profitable to
ill
I
^ S econ d . The second objection I make to the bill js that it
provides that these emergency notes shall be is.

form and pretense o f being national-bank note ,’
tions 6 and 7 o f the committee bill
United States notes, payable in gold or it s L ^ ai' aIf

.J

,,

Treasury. The plan of the committee won!d r e q u d i f ferent plates to be used by the Bureau of i
8
^
.
ing for the printing of these notes, and we should go through
the absurdity of calling these notes national-bank notes, when,




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2438

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CONGRESSIONAL RECORD— SENATE.

F

ebruary

25,

notes are printed and put in tlie subtreasury that will be out fear o f the people o f the United States or of their conserva­
o f business before an emergency will ever arise again in this tism. I have no fear that they will ever make the gross error
country. I greatly hope that we shall not have in this century of issuing any promise to pay, whether in the form of a Treas­
another panic.
ury note or of a bond, which they will not be abundantly able
T h o liA rA -H .
-k
I believe that the sovereign right of issuing money belongs to pay according to the strictest letter of the contract
exclusively to the United States.
I do not agree with the opinion that the so-called “ nationalI regard the present national-bank note not as a national- hank note,” supposed to be issued by the national banks, is in
bank note, but as a United States note issued through one of its fact any grant of the sovereign power of issuing money to the
agencies. The United States is responsible for the national- national banks. The actual issue of these notes is in everv in­
bank note on the honor of its own bond, and, in my judgment, it stance made by the United States, and controlled by the United
would be well to retire these national-bank notes and issue in States in the minutest particulars.
lieu thereof Treasury notes, payable in gold, at the option of
The United States in this national-bank note issue merely
the holder. This is what the committee bill does in fact, be­ uses the national bank in whose name the note is issued as a
cause it makes these notes of emergency, as well as the na­ medium for the issuance of the note.
tional-bank notes now outstanding, payable “ in lawful money ” ;
I f ftese natlonai-bank notes were immediately withdrawn
on demand to the holder, which means legal tender, which and Umted States notes issued in lieu thereof, it would save
means gold or its substantial equivalent.
the United States and the people of the United States the
I call attention to section 7 of the committee bill, which amount or
000,000 annually now paid in net interest on the
makes all of these outstanding notes practically redeemable bonds held in the raults of the Treasury for the safety of these
in gold. So my suggestion has no further reach than that which pretended national-bank notes. The whole plan of issuing these
is contained in the committee measure.
national-bank notes which are now in our permanent circula­
Since they are to be made payable in gold by this committee tion appears to me merely a device for giving to the 6,600
measure, why should not the United States substitute for all
Pr0fit measured Precisely by the interest on
these national-bank notes, now outstanding Treasury notes, the $600,000,000 2 per cent bonds less the one-half of 1 per cent
payable in “ lawful money,” as provided by section 7 o f the tax.
committee bill?
It might be said that this quality of being used for the issu­
It will not do to say that the country could not conveniently ance of money raises the value o f these bonds, but if the bonds
absorb so large a volume o f Treasury notes. It has already were out of existence there would be no occasion for raising
absorbed precisely the same volume of national-bank notes with­ their value.
out difficulty and which have not heretofore been redeemable
The operation of this method of issuing national-bank notes
in “ United States notes,” but are made by the committee bill - ai t?* United States bonds seems to me absurd. For example,
redeemable in “ lawful ” money, which means redeemable in Mr. I resident, when the financial bill passed in 1900 if I had
money having a legal-tender quality— that is, in gold coin, in
41 nLi1
1
national banking business, and had had a capital of
standard silver dollars, subsidiary silver, minor coins, or in
$ 1,000,000 I could have converted my capital into national-bank
United States notes and Treasury notes of 1890.
notes and thereafter I would have received from the Treasury
I believe that every dollar of the United States should be legal of the United States 1£ per cent net on $1,000,000 for having
tender, especially the gold and silver certificates, and that there loaned my valuable money to the Treasury and issuing a similar
should be no evasion of this principle. The United States has amount of currency in my name of the same value. This means
the power and credit to make every dollar used as currency a net bonus of $15,000 per annum for $1,000,000 of inflation.
the equivalent of the gold dollar which we have made our This system means $9,000,000 a year bonus for $600,000,000 of
national standard.
inflation. This 2 per cent in the instance cited would thus
W e have in the United States Treasury $150,000,000 gold as make me an income of $20,000 a year, less a tax of $5,000, which
a reserve fund, but we have in addition to that over one thou­ the people o f the United States are compelled to pay without
sand millions of gold and silver (on bullion basis), against any consideration.
which there are outstanding gold and silver certificates.
Who pays the bill, Mr. President? It is very largely the
Mr. President, I think that this reserve fund of one hundred farmer and producer whose lack of intelligence appears'to be
and fifty millions should by statute be added to by the gradual relied upon never to discover it nor to complain; it is the pro­
retirement of the gold certificates, issuing Treasury notes in lieu ducing masses who pay this tax of nine millions a year and this
of such gold certificates when they come into the Treasury, and tax is collected from them or from the proceeds of their labor
adding the gold thus released to the reserve fund in the division m whatever concrete form it may present itself. I do not think
of redemption.
this good legislation. I do not think it a necessity and I do not
The effect of the present gold coin in the Treasury, with the believe in taxing those who are weak and ignorant for the
gold certificates outstanding, is to provide an enormous fund benefit and privilege of those who are rich and powerful.
of gold, amounting to $815,000,000, which is available for the
I certainly do not believe we should enlarge the issue o f na­
use of those who wish to have gold coin.
tional-bank notes, so called, or that the urgent necessity of
This demand could be easily supplied through United States emergency currency and relief from panic should be used as a
notes payable in gold, and instead of $815,000,000 gold certifi­ pretext for enlarging such so-called “ national-bank currency.”
cates there would be $815,000,000 United States notes secured
by an additional reserve fund of $S15,000,000 of gold coin. W e DENYING STATE BANES AND TEDST COMPANIES EMERGENCY NOTES AND
RESTRICTING NATIONAL BANKS SEVERELY LIMITS THE VALUE OF THE
should then have about one thousand million of gold with which
PROPOSED REMEDY.
to redeem a smaller amount of Treasury notes, and this great
fund of gold would go far to impress the nations of the world
Third. As to the third objection which I submit to the com­
with the financial strength and power o f this Government. It mittee bill, the various limitations which it makes by restricting
would then be an asset of our Treasury. It is now a liability. the classes of banks, and the extent to which banks are per­
O f course the Treasury notes outstanding would be a lia­ mitted to obtain these emergency notes, I wish to call attention
bility also; so that after all it comes merely to a question of to the fact that these emergency notes are better protected
form. In the present form of our gold notes, they serve a than our normal national-bank currency, which the distin­
useful purpose and practically constitute a gold buffer between guished chairman of the Committee on Finance declared to be
our redemption fund of $150,000,000 and any demand what­ as good as gold.
ever for gold. So the available gold in the Treasury for com­
(a) Mr. President, why should a national bank be denied
merce— the eight hundred and fifteen millions— is available its right of protection against panic merely because it has not
before there is any use whatever in touching our $150,000,000 50 per cent of its own notes outstanding? Does it strengthen a
of gold reserve.
bank to have a larger measure of notes outstanding than if it
Our national bank notes outstanding would make $600,000,000 had a smaller liability o f this character? Evidently not
of Treasury notes additional, or a total of $1,400,000,000 Treas­
Why should a national bank, furnishing the proper collateral,
ury notes, every dollar of which is urgently needed for our be limited in the amount of emergency notes it is permitted to
daily commerce, and which for that reason would not be pre­ receive in time of panic? Much less should it 6e penalized
sented for redemption. Against these notes of $1,400,000,000 for its conservatism, and punished because it has not issued
we would have in available gold about $ 1,000,000,000 in coin 50 per cent of its capital in its own notes.
and bullion, or 70 per cent gold reserve, nearly double the
( 5 ) W hy should a national bank, which has not 20 per cent
usual reserve of the Bank o f England.
W e would save surplus, be denied this right of protection agaiust panic, merely
$ 12,000,000 a year in interest on the bonds retired.
for this reason, when such a bank is able to furnish first-class
Mr. President, I am not one of those who have the slightest collateral, 10 per cent in excess of the relief proposed?
)




1908.

CONGRESSIONAL* RECORD— SENATE.

2437

opment. This distrust may endanger, and does endanger, any
W h y should it be denied emergency notes essential to its w
e^
fare when the relief puts the Government in no danger whaJ bank and any enterprise.
It is a deep disgrace and dishonor to this Government that
ever, and is serviceable to the Government itself to the exte
of an interest charge of 6 per cent, and when the propose? such a condition of peril should exist under our statutes, and I
remedy may be of the highest importance to the welfare an? shall not be a party, Mr. President, to its continuance.
Indeed, I wipe my hands of any responsibility, because eight
safety of some industrial center, or to the safety and commer­
years ago I caused an adequate remedy to be offered to the
cial stability o f the United States?
_ There can be no good reason, Mr. President, why this relie| chairman o f the Committee on Finance and to this honorable
should be denied, and there is no good reason for any such lim­ body, and it passed unnoticed. And now that I repeat the
itation.
I suggestion, as a Member on this floor, I pray the interest, the
The committee will not pretend and does not pretend thal| attention, and a proper action on the part o f the Senate of the
the value of these emergency notes is due to the credit of the| United States.
(d) Mr. President, the committee bill puts a further limitation
bank to which such notes are advanced, but the safety of such
notes depends upon abundant collateral of first-class bonds re­ upon the proposed relief. It proposes that the emergency notes
shall be issued only proportionately to certain States o f the
quired by tbe Government before such notes issue.
The Government makes an actual profit from such emergency Union. I f California were in great need and the balance of the
notes, and no one will seriously contend that any loss from such country were in no need whatever, the relief afforded California
would be equivalent to its proportionate part, although the bal­
issue o f emergency notes is possible.
(c) Under tbe committee measure, if a national bank l13® a ance of the country was not in any immediate need, or about onegross amount of notes, normal and emergency, equal to the fortieth part of five hundred millions, approximately, or about
capital stock and surplus o f such national bank, it is then twelve millions to meet another financial earthquake.
Mr. F L IN T . Mr. President------denied any further relief in the way o f emergency notes.
The V IC E -P R E SID E N T . Does the Senator from Oklahoma
For what reason, Mr. President, is this limitation imposed.
Such a bank offers abundant collateral in first-class bonds a.na yield to the Senator from California?
Mr. O W E N . Certainly. )
makes tbe Government secure; and it offers tbe Government o
Mr. F LIN T. I will ask' the Senator this question. I f the
per cent profit.
The relief sought by such a bank may be of serious impor­ financial troubles were purely local, as the Senator mentions,
tance to some manufacturing center; may be of serious impor­ referring to my own State, would there be any difficulty in his
tance to tbe stability of the commerce and of the success and opinion in banks in the State o f California obtaining all the
money they desired from other States of the Union, from other
happiness of the business men o f that immediate locality.
Since the Government is safe, and sin c e the G o v e r n m e n t will financial centers?
’***'’
make a profit, why should such a bank be d en ied its most r e a - 1 Mr. O W EN . I think not.
Mr. F L IN T . Then why is there any trouble about limiting
___J
sonable demand?
Under thU nrnnn^d limited remedvthe "rent
National Bank the amount to my State or any other State to the sum of $12,nf Pemm
pr? p
,?Sed
* ^ + 1 U l E n fh recently by an 000,000 on the proposition that a localconditionexists, as far
of Commerce, o f Kansas City, run to its death lecenuy uy ^
.
ci tun firm
erm eem ed v
omprM PT notes
unfounded suspicion, would be limited in emergency notes ob- as tne nnanciai situation is concerned/
Mr. O W EN . I think it ought not to be limited.
- ■
tainable by this bank to $2,000,000 (its surplus), and yet this
Mr. F L IN T . I will ask the Senator what objection there is
same bank had on hand nearly $7,000,000 of bonds, $ 14,000,000
to limiting it when it is a local proposition. The banks can
of cash, which includes accounts with other banks, of course^
draw money from other centers at a less rate of interest than
and deposits of $35,000,000. Their loans and discounts were
the 6 per cent required under this bill.
only about 50 per cent of their deposits, and yet they were
O W EN . You are not providing merely for local, but for
driven to ruin by tbe baseless rumor o f a circular letter que -j /
^
panic.
I f you put a limitation upon the issue you
tioning their solvency.
solvency
" weaken your opportunities when you are making provision
m, . S
,
,
This magnificent institution paid out $18,000,000 before c'
against a general panic. Y
You are making provision against
lug its doors against a panic and a run that was ausoiuit; y such a situation as we had in 1907, when, on October 26, the
senseless and idiotic.
panic swept from one end o f the country to the other suddenly,
The institution, I am thoroughly satisfied, is solvent to-day, and in making provision it should be made as broad as possi­
and no question could ever have justly arisen as to its conserva­ ble with no limitation to the sum o f $500,000,000.
_____ „
tive management except from the envy and malice of enemies. - Mr. F L IN T . A s a panic sweeps across the country, under
And yet under this bill this institution, with assets of $40,- this bill, as I understand it, starting with California, in each
000,000, would not he allowed emergency notes on good bonds locality they would be issuing their money until under the bill
for over $2,000,000, even if their necessities compelled them to the full $500,000,000 had been issued.
have $17,000,000 more to pay their depositors in full.
f Mr. O W EN . Well, I will answer that by stating just w h a O
I f it had been known that the National Bank o f Commerce has occurred recently. Here was the case. I f you will observe,
could have obtained emergency notes on good bonds tbe depos­ the national banks and all other banks issued clearing-house
itors would never have made the run, because the only reason certificates, issued cashiers’ checks, and issued these various
the depositor has for drawing his money out is the fear tnat devices to the amount o f hundreds of millions for their own re­
he can not get money in case of his own necessity.
lief. These various banks resorted to that practice which we
Tbe bank of which I had the honor to be president ten years are told by the chairman o f the Committee on Finance will not
withdrew from the National Bank of Commerce over $1.j0,UUU be endured again; that the country will not stand it another
in a few days because of this terrible rumor, which was spread time— although the country will, all right. The country will
broadcast by a circular letter. W e knew it meant the ruin of stand it and will thank God that the banks violate the laws of
that bank and that we were not strong enough to sustain them this country, as we all have done heretofore. When the New
York banks, tbe Boston banks, and the Philadelphia banks
against the hurricane o f panic.
I confess I was ashamed of the transfer, and yet if the de­ issued clearing-house certificates, we all knew it was a viola­
posit referred to Lad remained it would have made no difference tion of the law, and we thank the good Lord that they had the
in the result.
1
; nerve to violate the laws as they were w ritten; and I, for one,
But, Mr. President, an opportunity is afforded me now to in­ commend them for it, as I would commend the suspension of
sist upon a remedy broad enough to protect a like institution in habeas corpus under sufficient public danger or a vigilance com­
the future against the terrible danger of panic, and I deem it a mittee when common sense requires it.
But in such a panic as this last, if there were to be no other
, serious duty to insist upon the fullest measure of protection,
because tbe welfare of the banks, the stability of our national relief than this measure proposes, New York would be confined
commerce, depends upon it. Tbe harm done to the Southwest by to a hundred million dollars, a sum entirely insufficient to con­
the closing of the doors of the National Bank of Commerce can trol a panic there. When a panic starts in New York it ends
not be measured by tlie few millions involved in the closing or in San Francisco, and the time to stop it is when it starts. It
this bank. Tbe confidence o f tbe people for the future in tbe is precisely like a fire which starts in a block of buildings.
stability of our institutions has been tremendously impaiied by When the fire is starting is the time to put it out and to iTse
this wreckage of what was regarded the most conservatively a sufficient amount of water then and there to extinguish the
managed bank in the Southwest. It avails nothing to say that conflagration, which would never be extinguished by apply in«
the wreckage of this bank was cunningly contrived bj enemies a little water at different places along the line.
who wanted the deposits of this institution. I he tem ble fact v Mr. FLIN T. Mr. President------The VICE-PRESID EN T. Does the Senator from Oklahoma
is, our people are thus taught to distrust the strongest, and dis­
trust and suspicion are deadly enemies to our grow th and dev el- yield to tbe Senator from California?




I—
I

2438

CONGKESSIONAL EECOED— SENATE.

Mr. O W EN . Certainly.
Mr. FLIN T. The proposition as stated by the Senator from
Oklahoma I would answer by saying that, if the New York
banks had been able to issue a hundred million dollars when
the panic started, so far as the New York situation is con­
cerned it would have been settled immediately. The next day
or the day after it followed in Pittsburg, and if Pittsburg coul
have issued its proportion of money as provided in this bill i
would have stopped that panic in Pittsburg. Then it would
have crossed, as it did, to Chicago, and it would have stopped
it there. Next it would have stopped the panic in Kansas City,
and the situation would not have been that a great bank in
Kansas City would have been closed for the reason that at
the time the panic had reached Kansas City it would not only
have had the aid of the $2,000,000, but those other cities would
then have been able to respond and to send money to Kansas
City to save that bank from closing its doors, which should not
have been permitted. Then the panic would have been con­
tinued from the eastern end of the country until it reached my
own State, as the Senator has sa id ; and by that time this sum
of $500,000,000 would have been issued. As stated by the
Senator in the commencement of his remarks, the fact that the
people of the country would know that the emergency had been
met in each one of those cities, the panic never would have
spread across the country, but it would have stopped after it
reached one or two cities.
Mr. O W EN . I am in entire sympathy with the spirit of the
argument of the Senator from California, and I will agree with
him that California, Arizona, New Mexico, Colorado, Missouri,
and the other States of the Union each ought to have what they
require; but I differ from him in the idea that New York ought
to be denied if she requires more than this bill provides. I
think New York ought to have all that she wants and that
nobody ought to be denied.
y
Mr. TILLM AN . W ill the Senator from Oklahoma permit me?
The VICE-PRESID EN T. Does the Senator from Oklahoma
yield to the Senator from South Carolina?
Mr. OW EN . Certainly.
Mr. TILLM AN . I understood the Senator to make a vicious,
fierce, and justifiable attack upon stock gambling in New York.
Am I correct?
— Mr. OW EN . I think stock gambling should be controlled.
Mr. T IL L M A N .. Agreeing with the Senator’s view in that, and
in urging anybody and everybody who can do so to suggest a
remedy that will be adequate, I want to ask the Senator this
question: I f his policy should be followed, of allowing New
York to have all the currency she sees fit at any time she may
say she needs it, and New York inflates the currency two or
three or five hundred millions of dollars, thereby putting prices
up, so that the stock gamblers will have an opportunity to un­
load on the lambs or innocent purchasers, and New York turns
around in one night and contracts the currency by five hundred
millions, what happens then? Do not all those poor wretches
go to the devil? [Laughter.] In other words, the Senator is
arguing against his own contention. In one part of his speech
he argues admirably from my point of view, and I agree with
him entirely, and then he turns around, and in another place in
his remarks he seems to have lost sight of his previous argument.
Mr. FLIN T. Mr. President------The VICE-PRESIDENT. Does the Senator from Oklahoma
yield to the Senator from California?
Mr. OW EN . After I shall reply to the Senator from South
Carolina I will yield to the Senator from' California.

February 25,

Mr. O W EN . The chief mischief is through the public press ;
sent by mail, but, nevertheless, for full measure, I will accept
the Senator’s amendment. But what I want to say is, that in j
this proposed substitute the New York Stock Exchange can not
avail itself of the reserves of this country hereafter, as it
has done in the past, provided that the Senate and House of
Representatives give approval to this substitute I propose, which
prevents the deposits of the banks being used for gambling ,
purposes.
Mr. TILLM AN . But I was calling attention to the fact that
the Senator is allowing the New York banks to issue $500,000,000 in emergency currency; that it would not be emergency
at all, but it would be simply giving those buccaneers and
pirates over there the opportunity to inflate the currency ad
libitum, then suddenly collapse or contract it and run prices
up or down to suit their speculative purposes.
Mr. O W EN . I f the Senator will only permit me to answer,^*
will be glad to do so.
Having taken these precautionary steps to prevent the na­
tional banks from using their depositors’ money for the making
of these speculative loans, I call your attention to the fact that
the New York Stock Exchange can not, for their own purposes,
expand the currency through the banks for such uses. That is
a complete answer to the suggestion which has been made by /
the Senator from South Carolina.
-V
s-- Mr. TILLM AN . Then we will have to take the whole bottle
of your remedy at once.
\
Mr. OW EN . Yes. And I want you to do it. That is what j
am on this floor for.
Mr. SMOOT. Mr. President------The VICE-PRESID EN T. Does the Senator from Oklahoma
yield to the Senator from Utah?
/ Mr. OW EN. W ith pleasure.
Mr. SMOOT. I should like to ask the Senator from Okla­
homa if the national banks of New York are prevented from
making loans upon stocks which are quoted upon the stock
board in New York, where are they going to loan their money*,
and how are they going to loan it in order to make interest
upon it?
uy
Mr. O W EN . I would suggest that they lend it to those
Vnc
dustries of this country which are now paralyzed and dead. /
Mr. SMOOT. I will say that before the panic began— and I
fully agree with the Senator as to why it was brought on—
any industry in the United States that wanted money very
easily got all it needed, and not only did the banks loan money
for such industries, but they made loans and took as security
for those loans those stocks to which the Senator now objects.
I have wondered, so long as money is to be placed in New York,
to whom the banks would make loans if the law should prevent
them from taking stocks as securities.
' Mr. OW EN. I will suggest that they might use such funds
for the purpose of promoting commerce, and not for promoting
gambling.
Mr. SMOOT. Mr. President------The VICE-PRESIDENT. Does the Senator from Oklahoma
yield to the Senator from Utah?
; Mr. OW EN. Certainly.
Mr. SMOOT. I believe'the Senator has had some experience
in the banking business, and I suppose he has passed on a good
many loans— that is evidently so from his remarks here to-day—
and I believe he will say that, so far as loans are concerned,
if these stocks were put up as collateral security for such loans
they would be just as safe loans as a bank could possibly make.
Dpes not the Senator think so?
Mr. FLIN T. Very well.
Mr. OW EN. The Senator from South Carolina [Mr. T ill- / i l r . OWEN. I will answer the Senator from Utah by saying
/ MAN] asked me a question and I wish to reply to it.
In the th at undoubtedly a good stock is good collateral, and it is an
f measure which I have proposed the national banks, which carry /advisable collateral for these loans where they are legitimately
the reserves of the country in New York, are forbidden to lend .made. The prohibition which I call attention to is a prohibi­
that money for the making of speculative loans in the stock ex­ tion of loans for speculative purposes.
change. In the bill which I introduced to-day as an independent P Mr. SMOOT. Mr. President, I agree with the Senator from
klahoma so far as speculation is concerned.
measure the quotations of the stock exchanges, until they shall
Mr. OWEN. Then you agree with me all the way through,
have been approved and placed under the supervision of
proper safeguards by the Department of Commerce and Labor, because that is the only contention I make.
Mr. FLINT. Mr. President------. are not to be admitted to the mails.
The VICE-PRESIDENT. Does the Senator from Oklahoma
Mr. TILLM AN. What about the telegraph?
Mr. OWEN. That is another question. W e can not manage yield to the Senator from California?
Mr. OW EN. W ith pleasure.
all the earth at once. If the quotations are under proper con­
Mr. FLINT. I should like to ask the Senator from Oklahoma
trol before entering the mail, and gambling prevented, the
telegraph is not important.
, whether he simply limits his prohibition to speculation in the
Mr. TILLM AN. I know; but the stock market quotations go stock market of W all street, and does not limit it throughout
by telegraph and not by mail. Most of the speculation is done the country; to speculation in town lots and cattle, as such
speculation goes on in the western States? There is just as
by telegraph.




1908

CONGRESSIONAL RECORD— SENATE.

2439

stock exchange in New York, would you, under your arrange­
ment, decline to allow a loan if the party brought good security?
Mr. O W E N . Not at all if the customer is going to buy th e’N
:tock for investment. I f he is buying it for the purpose o f J
ambling, I would.
V
Mr. H O P K IN S. Suppose he was buying that stock and pay­
ing for it for the purpose of a rise in the market, would you
then refuse the loan?
Mr. O W E N . Undoubtedly, when he borrows money for his
gamble on “ a rise in the market.”
Mr. H O P K IN S. That is what I wanted to know.
Mr. O W E N . W ell, the Senator knows. [Laughter.] That is
the very thing that the banker ought to be forbidden to do.
This thing of making the market go up and making the market
go down is the means by which this country is being robbed
continually. Take the stock market as it is now and as it has ?
and who n°w walk our streets by
J/been for the last seven years— and I will submit a table in the
. been driven out or empioyme
/ f C urse of my remarks showing the fluctuations in these stocks.
O
on W a ll street.
Take such a stock as Amalgamated Copper, which was at 130
Mr. H O P K IN S . Mr. President------at one time and down to 33 at another time, used for the purpose
The V IC E -P R E S ID E N T . Does the Senator from Oklahoma
of being a sponge, which has its filaments extending out through
yield to the Senator from Illinois?
the country to every little hamlet, and coming to------/M r. O W E N . W ith pleasure.;
Mr. H O P K IN S. Oh, no, Mr. President------Mr. H O P K IN S. I wish to ask the Senator this question in
Mr. O W EN . I f the Senator will wait a moment until I get
order to understand his position. Is it the Senator s idea when
through------a customer conies to a bank to borrow money that the bank
Mr. H OPKINS, That does not touch the subject at all.
should decline to lend it unless the man makes affidavit that he
Mr. O W EN . I decline to be interrupted.)
is not going to use it for speculative purposes?
Mr. H O P K IN S. That does not touch the subject------[ Mr. O W E N . I have been long in the banking business, and I
Mr. O W EN . I decline to be interrupted.
w i l l answer the Senator.
The V IC E -P R E SID E N T. The Senator from Oklahoma de­
Jdr. H O P K IN S. That is what I asked the question for.
clines to yield.
. Mr. O W E N . I will answer the Senator's question. I sa y \
Mr. O W EN . It is just like a huge sponge, with its filaments \
that any banker who is. a prudent banker ought to know the
textending along the telegraph wires, going to every little village, !
business of his borrower. H e ought to know where that money
‘ connecting with every little bucket shop, and persuading the
is going. H e ought to know that the money will be returned.
'immature youth of the country, unlearned people, and women to
I f he knows that that money is going to be used in a culpaD e
.go in and buy a little stock on the proposed rise, inducing them
business, in a dangerous transaction, in a business that is harm­
’ to gamble away their property, and when the market has gone .
fu l to the country, it is his bounden duty, as a patriotic citizen
up to a high price it is then put down, down, down until
in the first place and as a good banker in the second place,
they are frightened out of their foolish wits, and those more
say to the borrower: “ I want to know where you are going o
learned, richer, and more skillful and unscrupulous than they
use this money? ” I will say more, that if this bill is amenaec,
accumulate and cash in their property, not to the extent of a
. as I think it ought to be, it will become the legal duty or t
few hundred dollars, as on a horse race, but to many hundreds
\_banker to so inquire.
.
.
.. . of millions, and, I believe, to the extent of thousands of millions.
Mr. H O P K IN S. W ell, then, the Senator’s position is, tnat
Mr. H O P K IN S. Now, Mr. President------In every instance the banker should know before he lends tne
The V IC E -P R E SID E N T. Does the Senator from Oklahoma
money passed over his counter to the customer what that
yield to the Senator from Illinois?
tomer is going to do with the money?
V
Mr. O W EN . W ith pleasure.)
Mr. O W EN . H e should know that it is not going to be used
Mr. H O P K IN S. The Senator from Oklahoma has created a
( in the gambling business.
,
bogeyman that has no relation whatever to my question. My
Mr. H O P K IN S. Is it the Senator’s position that the Danker
proposition was as to whether he would refuse to make a loan
should know before the money passes over the counter to tne
to a party that desired on the stock exchange to buy stock and
customer that that customer is going to use it for some pur­
hold it, or to buy Government bonds or municipal bonds or any
pose which the banker thinks is a legitimate business.
^
other kind of bonds. That is what I wanted to know. The
/" " M r . u W E N . The question tne senator a s R ingeniously em
O
question the Senator asks s „ r 0D O sitionsSenator runs off on another proposition that nobody defends,
/ , iUrin e
| braces within its scope a multitude of immaterial propos
j
^
QWEN
r am lad that uobody defends i t ; but r wa
ant
V [Applause in the galleries.]
,
. . +b
to say to the Senator from Illinois that there is a wonderful
' The V IC E -P R E SID E N T . The Chair must admomsn ine
number of people who practice it.
occupants of the galleries that applause is not allowed unae
Mr. H O P K IN S. They may in Oklahoma, but it is not so in
the rules of the Senate.
my section of the country.
Mr. H O P K IN S. x* suggestion of that kind by the Senat
A su
Mr. O W EN . The Senator’s observation is more humorous
from Oklahoma does not answer my question at all. l
than exact.
proposition I make is a clear one. The Senator has been ar= '
I f the State o f Washington needed immediate relief the limit
ing that this money must be used for legitimate purposes,
under this bill would be approximately about four millions;
order to make this perfectly clear to the Senate, I asked
y
Oregon might possibly obtain two millions; Idaho might pos­
question so that we might know, and the Senator can ^ y
sibly obtain one m illion; Maine and New Hampshire or Ver­
Whether or not that is his purpose and understanding.
Mr. O W EN . I have already answered the Senator that ms mont or Rhode Island might receive a benefit of two millions,
•question embraces a number of immaterial matters, because and the forty-six States an average of about $11,000,000 only
obtainable through the difficulty of as many hurdles and ob­
he asked In fact whether the banker must know precisely u> c
structions.
: is going to be done with thte money, notwithstanding the ac
It is true that, in case States contiguous might not within a
! that under this bill, if it becomes a law, as I propose, the pa n .
f would be required to know in fact that the money is not goi » certain time demand a similar relief, the relief may be extended
to the banks of the applicant State, but the relief against panic
f into this form of gambling. The only question he would a
concerned with under the proposed statute would be waetner in order to be effective ought to be instantaneous, just as the relief
or not this money was going to be used in violation o f a sta u e offered a burning building should be by the instantaneous appli­
of the United States. That is the question that will be before cation of w ater; it serves but little purpose to offer water to a
him. But when the Senator asks the question whether the building after it is fatally involved.
While the intention of this limitation o f a proposed remedy to
banker must know precisely what is going to be done v A
States is evidently good, its purpose appears to be upon the
money which he lends, how much the borrower is going o *P
theory of giving each one of the children a piece of pie of th<3
>
for groceries, and liow much for drink, he puts into ns 1 ■ <
same relative size. This conception of the equitable distribu­
.im m aterial matters.
^ Mr. H O P K IN S. Oh, Mr. President, my question does not tion of a remedy of this character contains a very serious error
comprehend that at all. The question I put to the , enator because the principle which should control emergency currency,
is an entirely different proposition. Suppose the customer who is the same as the principle of applying water to one of a n u m ‘
The
goes to your bank desires to buy railroad stock through the ber of burning frame buildings in a block of buildings
much speculation in stock, cattle, and town lots carried on by
means o f loans made by the banks as there is in the city of
New York on loans made there on stocks and bonds.
/
Mr. O W E N . So far as this bill is concerned, I would not
propose to control the gambling at a faro table, or roulette or
any ordinary gambling device, which amuses and robs m en ,
but when this gambling is of a nature to cause a panic, to
paralyze the commerce of this country and destroy our business
stability, so that an honest, hard-working man is unable to
make his livelihood, it is high time to draw the line; and it is
for that purpose, and that purpose alone, that I have offered my
substitute. It is not on account of banks or bankers. I am
not considering primarily the banker or the depositor; I am
considering the men who earn their daily bread for themseh es,
their wives, and their children by the sweat of their faces,




CONGRESSIONAL RECORD— SENATE.

F ebruary 25,

'w ater necessary to put the fire out in the first building should providence, as a father would for a weak child; that we ought \
to take care of the poorer and weaker elements of our country, j
be available instantaneously, without any delay whatever.
I f New York needs five hundred millions within twenty-four doing it consistently with the principles of good government; f
hours to completely put out the fire of panic, New York ought dealing justly also with the great financial institutions, and
to have relief to that extent and within the limit of a single never treating any of them harshly or unjustly in any degree.
business day.
I have no hostility to any of our great stock exchanges. They j
The remedy ought not to be limited to the State, or in the have a sphere of legitimate use, but I disapprove their practices >
other restrictive ways suggested by the committee measure.
when their practices prove dangerous to this country; and I f
Is there wisdom in restricting the remedy?
think that we have a right to put proper restraints upon them j
Would it be justified, Mr. President, to say that a house on so that they shall not abuse the power which they have, because
fire should only receive a limited amount of water, even if the these great national banks and trust companies are the pur­
danger of its destruction was very great?
veyors of credit in our country. They have in their hands the
Would the owners of the frame buildings in a block think it giving and the refusing of credit. I call your attention to the .
wise to limit the water to be supplied to put out the first house fact that when they freely extend credit, when, for example, i
on fire, ill order that they might subsequently, when the con­ they loan $100 a share ou Amalgamated Copper stock, copper
flagration had become enormous, have a like limited supply goes up, and when they refuse to lend on Amalgamated Copper
which would then be ineffectual to suppress the common danger? stock, copper goes down. They can bull the market and they
Mr. President, the Senator from Rhode Island, in his remarks can bear the market by their giving or refusing credits. Since
on February 10, 1908, described the terrible consequences of they have that power and since they have used it to the damage
financial panic.
and ruin of this country, it is high time that the Senate should
And having with great force described the destructive con­ take proper steps to control them in a wrongful exercise of the
sequences of this financial conflagration from which we are just tremendous power which is vested in their hands.
emerging, the evil effects of which are not yet_ fully realized,
he advises a remedy which he demonstrates by his own remarks WHY ARB STATE BANKS, TRUST COMPANIES, AND SAVINGS BANKS DE­
NIED THIS REMEDY AGAINST PANIC WHEN THEY OFFER ABUNDANT
to be insufficient in volume.
SECURITY?
He paints a picture o f the destructive effects of a national
Fourth. But, Mr. President, the State banks and the savings
conflagration, earnestly recommends water with which to put
out the fire and to provide against future destructive fires, and banks and the loan and trust companies and private banks,
having done so, he recommends as a remedy a limited amount of about 17,000 banks, have an amount of banking capital twice
water, to be used by a limited number o f firemen, and by each as great as the national banks; their capital stock is nearly
one with a very small hose, in a limited way, and confines the twice as great as the national banks, and their individual
operations of each to a limited district.
deposits are more than twice as great, and yet these enormous
Mr. President, the water should be abundant. Any fireman financial agencies of our country are refused by this bill the
willing to use it should be permitted to do so, and he should not relief of emergency circulation.
be limited in water nor in the place where he will render service
These great State organizations, with twice the deposits of
in helping to extinguish the conflagration which would other­ the national banks and with twice the number of individual
wise easily extend itself.
depositors, have only one-half of the currency kept by the na­
The committee bill limits the amount to a total of five hun­ tional hanks, and therefore for this reason it is the more im­
dred millions, when far more than five hundred millions were portant from a standpoint of public exigency that they should
necessary in the panic which has just passed. The committee have the right of receiving this relief against panic.
recommends that even this limited supply should only be ad­
It is not for the sake of State banks, trust companies, and
vanced as a total to certain national banks, under numerous savings banks and private banks alone that I wish this done, ;
reactionary restrictions, when all the national banks combined Mr. President, but it is for the credit and stability of our ua- ;
comprise only one-third of the banks of the country.
tional commerce, upon which must depend the welfare of every
The committee recommends that even these particular na­ man in the business of manufacturing, mining, agriculture,
tional banks shall be limited still further as individuals and be transportation, or merchandise, and upon which our national j
advanced only a very limited amount of emergency notes.
credit before the civilized world depends.
And even these limitations are further limited so as to con­
The deposits of the State, savings, private, and loan and trust
fine the remedy to the limited district of the States severally, companies for the year 1907 was $8,776,755,207 (Comptroller of
according to their proportionate banking capital, measured by the Currency, p. 3 5 ), and the cash on baud was only $391,000,the national banks within that State. These emergency notes 000, while the national banks, with individual deposits of
ought to be as broad as possible, available to any and every $4,319,000,000, had only $721,000,000 in cash, and owed to the
bank, and available in any quantity necessary, and available State banks and trust compauies over seven hundred millions of
in any place which requires it.
cash.
Mr. President, I earnestly call the attention of the Committee
I insist, therefore, Mr. President, that the State banks and
on Finance to the inexpediency of limiting the amount of notes trust companies and the savings banks, w ho shall offer the
T
to be furnished to any national bank.
proper collateral, shall also be allowed to receive emergency
I respectfully submit that no national bank should be denied currency, not for their sake alone but for the sake of the stabil­
any amount of these notes for which they furnish the required ity of the commerce of the United States. These emergency
collateral, for the obvious reason that the redress from panic notes are abundantly secured. They pay a tax which would
ought to be made as abundant as possible consistent with the
make their issuance profitable to the Government, and the more
safety of issue.
limitations you put upon this remedy the more ineffective you
And when these notes are secured by bonds of the first qual­
make the remedy. Mr. President, there is no sound reason
ity, far in excess of the value of the notes themselves, and the whatever in limiting this relief to certain States, in the pro­
additional but useless security of being a first lien against the
portion that the capital and surplus of national banks of that
assets of the bank is required, there can be no good reason for State bear to the capital and surplus of the national banks
withholding the amount of these thoroughly secured notes which of the United States; but this remedy should be applied in the
the threatened danger of panic may make necessary.
fullest measure necessary to give relief wherever the relief is
I regret exceedingly to see this bill omit the State banks and needed, and since it is always in New York that panics begin,
the trust companies. These great financial institutions may at I am not in favor of limiting the proposed relief in the manner
some time be sadly in need of this relief. Look at the Knicker­ indicated.
bocker Trust Company, with its $67,000,000 of deposits, ruined
If New York should need five hundred millions of these emer­
by a run upon the institution when by a proper conservation its
gency notes to prevent panic, to relieve a panic on W all street,
condition might have been relieved and great loss to the people
I am in favor of the issue to that extent then and there, for
avoided. The Knickerbocker Trust was like a detonating cap, the disease from which New York occasionally suffers is con­
causing the explosion of a train of powr
der ready to set off.
tagious as far as the Pacific coast aud vitally affects Okla­
I think that the committee’s bill ought to provide that any homa and every Western State as it does every other State in
bank putting up the proper security might have this relief, not the Union.
for the sake of the bank, not for the sake of the depositor, but
The chairman of the Committee on Finance wisely points
for the sake of our national commerce, for the stability of oili- out that $467,000,000 in currency, clearing-house certificates,
country, and for the welfare of those millions of poor human and checks were put in circulation for the relief of the panic,
beings who depend upon this Congress for wise laws to protect a large part of which was poured out in New York without
them in their quiet, simple lives of faithful, willing labor. They stopping that crisis, and yet, by this bill he would limit New
can not act for themselves. They leave it to this body to care York to the relief of emergency notes on its proportionate
for them, and, it seems to me, the Senate ought to feel a sense of part, as proposed, to less than one hundred millions. There




1908.

CONGRESSIONAL RECORD—’ SENATE.

is no wisdom in this limitation. It would be far better to put
fts few limitations upon the emergency notes as is practicable.
I f New York bad been furnished with abundant currency, Okla­
homa would have gotten currency from her New York corre­
spondent without difficulty and without cost.
In fact, Okla­
homa would have needed little currency except for the panic
and excitement in New York, the contagion of which was in­
stantly and injuriously felt.
t iie o b j e c t io n s

m a d e to e m e b g e n c x c u r r e n c t b a se d o n bo n d s
out force.

w it h ­

2441

give him, he would attack and deplete by so much the cash reserve
which supported and protected the whole line of liability. The notes
would attack the reserve situation by going strictly to the redemption
agent in New York and there be redeemed. His check would exhaust
the reserve by being collected in the next town where he gave his
check in payment for his notes.
But if it appeared, as in very many cases it did appear, that the
man wanted currency for some of the commercial or industrial uses
of life, like the payment of employees, like going up into the “north
woods,” as we called it then, to pay men for getting timber and doing
a logging business, or going into Indiana to buy wheat, or into Wis­
consin for that same purpose, or into Ohio for the purchase of wool
and all those miscellaneous purposes which go to make up the products
of industry, and start them forward to market, then by the power that
the bank had to issue its unissued notes, which might still lie unused
the bank was glad to make that transaction, and the money (bank
notes) was available to the man if his credit was good so that the
bank was willing to take the risk.

Some say that the bonds available will be held by a few
banks, The answer to this is that it is not true in the first
place, and in the second place, that it is not material who
holds the bonds, for if they are available for currency and the
That is tlie language of ex-Secretary Gage, at one time presi­
currency is needed, the bonds will be found and will be avail­ dent of the First National Bank of Chicago, who says that
able wherever required.
in all these cases they made a point of inquiring w hat'the de­
The emergency plan, however, should provide that each bank positor wanted money for. If he wanted it for legitimate com­
should carry a reasonable proportion of these bonds, available mercial purposes, they would make him the loan; if he wanted
l01‘ emergency currency.
it-fo r speculative purposes, they would not.
Others, objecting, say that this plan would be to favor the
/ M r . O W E N . The law of reserves requires it. The law of
bondholders. Y e s ; this is possibly true; but the banks ought
reserves permits a bank to buy exchange against products going
to be the bondholders to the extent o f their necessities and
to market, even when the reserve is down below the point re­
under their reasonable relation as curators of our commerce,
quired by law. The statement read by the Senator from Min­
-the objection, however, is much like the man complaining,
nesota [Mr. N elson ] answers the objection of tlie Senator from
uhose health should be in serious danger without a remedy, Illinois [Mr. H o p k in s ] most perfectly.
that the remedy proposed meant compensation to the druggist
Mr. H O P K IN S. Mr. President------who kept the remedy available. The objection is idiotic,
The VIC E -P R E SID E N T, Does the Senator from Oklahoma
RAILROAD BONDS PREFERRED TO UNITED STATES BONDS.

j

Fifth. I vigorously protest. Mr. President, against the com­
mittee bill in so far as it denies to United States bonds the
Privilege o f being used as a basis for emergency notes, while
bo i ' erJ" Important and valuable privilege is given to railroad

yield to the Senator from Illinois?
' / ’Mr. O W EN . Yes.
Mr. H O P K IN S. Not an objection of mine. I was simply in­
quiring as to the attitude of the Senator from Oklahoma. I
was not stating what my position was at all. I was simply
calling for information to have him develop still further his
position.
/ Mr. O W EN . I am very much obliged to the Senator from
Illinois.
1 call attention to the great fluctuations in the price of rail­
road bonds since this bill was proposed in the Senate. It has
been said, in answer to the suggestion which I make, that the
railroad bonds ought not to be given this money value as a basis
for emergency currency, that it would not make any material
difference. I call the attention of the Senate to the fact that it
has made a material difference in the month of January, since
the plan of the^ chairman of the Finance Committee was ex­
ploited. I will Insert here a table of bonds, with their rise in
value during January. I will not stop to read it, but if any
Senator cares to see it tlie table will speak for itself.
Mr. President, since this proposition to use railroad bonds
for the basis of issuance of emergency notes has been talked
about and advocated it has had the effect of raising the market
value of these securities, when all of such increase should
attach and belong exclusively to bonds issued by the people of
the United States for public purposes.
I inclose a list showing the rise of value o f a few of these
.railroad bonds within the dates indicated.

It is well known that the privilege of being used as a basis
tor currency, redeemable in United States notes, given to the
^ per cent bonds of the United States, has made those bonds
; worth as high as 10 per cent above par, and this privilege has
‘ Probably made those bonds easily worth 20 per cent higher than
• they would be if those bonds were not available for currency.
! h ^ le ver^ moment that you give this sovereign right to the
I u°nds of the railroad corporations owned by private persons
Jou transfer a public property o f the greatest financial value
{ Ir°m public hands to private hands.
I . Mi’. President, I regard this proposed legislation as injudii Cious in the highest degree.
I
I should almost as readily give my vote for appropriating
u given number of dollars out of the public Treasury to private
Interests without consideration as to give my vote for this
transfer of public values to private Interests,
i
H as not this country gone far enough in using the public
I Property for private purposes? W ill the enormously rich never
^ be content with the skillful plunder of the people?
And shall we initiate a new method o f diverting public values
j to private persons?
j
■M President, I inclose a list o f railroad bonds, many of
r.
which come within the scope of this bill, and suggest that this I----------------------— ---------------------bill, if amended, should read on its fa ce: “ A bill appropriating
\Certain sums of unknown value to the following bonds held by
Name of bond.
I Private persons to us unknown, but with whom we are on relaI tions of amity.”
4---------------------------- -- --------------If I
attention to the great fluctuation of these bonds under
U Arbor first general 4’s ..................
in
f t h e influence of the Stock Exchange.
,. T and S. F. general 4's....................
.
*~Wr. NELSO N . Mr. President------vtlantic Coast Line....................
Land O prior lien 8]’s...........
.
■ .T h e VIC E -P R E SID E N T. Does the Senator from Oklahoma
Jan. So. first 6’s ............................ ” ,
yield to the Senator from Minnesota?
Jhes. andO. gold 6’s ...............
CMr. O W E N . W ith pleasure.
3. and A. general 3’s.........................
il.
Mr. NELSON. I trust the Senator will allow me to interrupt Jhic., M and St. P.................. ” ” ”
.
him a moment in connection with the question propounded by Jhic. and N. W consolidated 7’s..
Jhic., R I. and Pac.:
.
the Senator from Illinois [Mr. H o p k in s ] a moment ago, to read
6’s .............................................
General 4’s ..................................
from what ex-Secretary Cage has said on this subject. In the
5rie,first exchange gold 4’s .................
hearings before the committee o f the House, ex-Secretary Gage
luff., N. Y. and Erie, first 7’s...............
used this language:
1 . Central first general 4’s............ .
1

A borrower came to the hank and wished to make a loan. He could
not avail himself of tile result of t h e c r e d i t if placed on the banks
book and availed of bv h is checks, which would he transferable in the
held of circulation which limited the bank's business horizon In such
? case circulating notes or currency could be perhaps utilized for the
borrower’s purpose, and perhaps to ’th e advantage of the bank, and the
Question always arose, “ What do i you want to n do with the proceeds
O r t lilts A H A d U Q M
TV Al.
........... i
~
a t i buy securities with
or this credit?” If the man wanted *-to borrow and llllV COPI 1 FI tlPC W i t h
rbe money, if he wanted to borrow and pay a note in the next town,
the bank would not issue to him its notes; it would not give him credit
upon its books. In short, it would not exchange its credit for his, be­
cause it was easily seen that tlirough the instrumentalities which he
would use, whether by liis checks or by tlie notes which they would




Long Is. general consolidated 5’s.........
IM J . and T. first 4’s.........................
., C
-M Pacif. first consolidated gold 5’s __
o.
[N. Y, Cen. and Hud. River gold mort­
gage 3]’s .......................................
Lake Shore Sj’s.................................
Lake Shore and M 3]’s ...........
ich.
N. Y., Chic, and St. L. first gold 4’s ......
No. Pacif. prior liens 4’s ......................
Reading Co., general 4’s ....................
So. Pac 4’s gold Cen. Pac................ ” ,
W
abash first gold 5’s ........................

Price in De­
cember.

Price in Jan­
uary.

Decern- Decern- Janu- Janu- ary 14.
her 2. her 31. ary 2. ary 31.
74
95£
8^
4
86
101]
99}
64
99
111
108
92£
95
103}
97
1081
94
103
881
73
87
93
98
94
,0
78
loir
101]

77
76
90E 96]
87]
88
92]
90]
104] 104|
101] 100]
73
70]
102]
99
114
114
110
106]
9
7
98]
98]
96£
114
108
103] 100
110
111
941
94
105
105
89]
871
7
4
75]
91
89]
95]
95]
100
100
95]
93
82
8
1
105] 105]

82
100]
89]
92
104]
101]
76
102]
116]
112]
100]
100
114
102
114
971
109
90]
80]
92
99
101]
96]
87
1091

80
99]
87f
92
1044
1011
76
103
118
113
97
100
114
102
114
98
109
901
92
981
100]
95
85
107

2442

CONGRESSIONAL RECORD— SENATE.

The prospect seems to have given value to all except Canadian
Southern first 5’s, which are not available.
Mr. President, I feel the greatest respect for and interest in
our transportation companies. I desire that they shall receive
the most considerate and the fairest treatment at all times, and
yet, Mr. President, I think that this Senate has no right to
give them, by legislation, values which belong alone to the
people of the United States, who have trusted this body with
temporary authority.

F ebeuaby 2 5 ,

Mich., February 13, is reported to have explained the reason
of panic and to have sa id :

It is due, if students of finance are to be trusted, to the gradual
exhaustion of all the free capital held in enterprises which have not
been so profitable as it was expected they would be. Now, we must
wait, the whole world must wait, until we can earn more free capital.

The only thing, Mr. President, wdiich we need to wait for is
to have our available reserves in New York made free capital
by withdrawing these loans from speculative purposes and to
CONTRACTION OF NORMAL NATIONAL-BANK C U R R E N C Y SHOULD NOT BE hereafter confine the use of our national reserves placed with
MADE UNLIMITED BY THIS COMMITTEE BILL.
the New York banks to their legitimate commercial purposes
Sixth. Mr. President, I think it is unwise to allow the with­ and forbid the embarrassment of our national-bank deposits
by being employed in the notorious gambling paiaee called the
drawal of the normal bank currency without any limitation. I
“ New York Stock Exchange.”
think there should be at least some limitation upon the with­
The banks of our country are in fact our national purveyors
drawal of normal national-bank currency, and I should be
willing to nine millions per month; but I do not think, Mr. of credits. Their depositors place with the banks certain cash
President, it is pruder.t to provide unlimited contraction by this and credits, and exchange these cash credits from one indi­
statute, as it might bring about the same evil consequences vidual to another by means of checks and drafts. The banks of
which are produced by the hoarding of currency, and which has fthe United States keep their reserves in a large measure in
the form of credit placed with New York banks, and when the
proved very disastrous in the recent panic.
I do not think, Mr. President, our normal national-hank notes ‘New York banks tie these credits up in speculative loans and
should be withdrawn without limit, as it is better for the coun­ loan out these credits for gambling purposes on the stock ex­
try that the currency of the United States should remain as change they divert the credits which ought to be available for
commerce and place such credits where they are capable, on
nearly as possible within stable equilibrium._
Let the banks give up their Federal deposits if they have too the contrary, of doing the most serious harm to the people of
the United States. It leads, as all gambling leads, to skillful
much currency.
,
While our country is reacting from the terrible panic inflicted knavery by which the artful and ingenuous arrange devices
on us by tbe gamblers of New York, every dollar available through which weaker and less intelligent people are drawn
should be left in circulation as a stimulus to renewed coinage into the game and fleeced of their property. It affords a pecu­
liar field where those, who are enormously rich and powerful
and enterprise.
, .
Contraction means falling prices, and commodities have been already, can, by manipulation, even drag down and absorb
falling steadily. Merchants do not buy readily on a falling fortunes which elsewhere would be themselves regarded as
market. Factories are checked or stopped by a falling demand gigantic.
Mr. President, it was the judgment of the moral sentiment of
and a bad market. Contraction will raise the interest rates, but
we do not need higher interest. W e need lower interest, re­ the people of the United States that the Louisiana Lottery
newed activities, sustained commodity values, so that idle men should be suppressed. In this well-known game of chance it
and machinery may be got to work again. C. T. Libby well had at least in its favor reasonable assurance o f integrity of
says in regard to contraction: “ If that policy is to be again management. It did not use marked cards or loaded dice,
employed, it should be over the mangled corpses of every mer­ but the distribution was made according to the element of
chants’ association, chamber of commerce, and board of trade chance with an assured degree of fairness. In the New York
Stock Exchange manipulations, nobody pretends there is any
in this country.”
degree of integrity. The most ingenious lies are circulated as
NATIONAL BANKS SHOULD NOT BE PERMITTED TO USE THE IK DEPOSITS the truth for the purpose of “ bulling ” and “ bearing ” stock.
FOB SPECULATIVE LOANS.
Men are invited into contracts and the most artful and crafty
Seventh. The committee bill, Mr. President, makes no provi­ manipulations thereafter designed and executed to make their
sion for forbidding national banks from using their depositors | compliance with their contracts impossible, and in that way
money for speculative loans.
. .
, , take from them their property under the forms of law.
W e all know that the New York banks hold in their hands
Men are induced to invest their property in stocks on a high
twelve hundred millions of deposits, including the deposits market and credits extended to them so that they may carry
and reserves of the national banks and of the State banks| the speculative loan, and then the credit is slowly and gradually
and of the trust companies throughout the Union from Cali­ put through a series of reductions, not necessarily reducing the
fornia to Maine.
loan, but demanding more collateral, and finally when the vic­
And yet we also know that more than one-half of those tim or his idiotic successor has all his wealth upon the table,
deposits put with the New York banks for reserves were tied credit is denied and he is compelled to deliver. The moral sen­
up and crystallized in loans for the speculative buying and timent of the people of the United States is against the
selling of stocks, while one-fourth only is held as a cash re­ gambling on the stock exchange and against its similar, but not
serve, so that the money needed, or, I should rather say, the more criminal imitator, the bucket shop, and I believe, Mr.
bankable credit needed, for the transaction of our commerce President, that since the gambling on the stock exchange was
was made unavailable last fall by the loans for speculation on undeniably a potent influence in producing panic, it should
be suppressed as far as the United States has power, and cer­
the stock exchanges of New York.
The chairman of the Committee on Finance advised the tainly within the limits of this committee bill the national
banks should be forbidden to use the reserves of the people of
Senate on December 18, 1907, that—
No committee can ascertain * * • ‘'the precise causes ol anjr the United States for the promotion of the speculative buying
financial crisis which has taken place in the history of this country. and selling of stocks on these exchanges.
In New York the banks are used as convenient tools for the
He also said:
most gigantic gambling the world has ever known.
The world’ s greatest gambling house is the New York Stock
It Is the facts that we want with reference to this crisis—what
the operations of the Treasury have teen; what the operations of the Exchange— “ an unincorporated, irresponsible institution.”
hanks have been, and what other facts there are in existence that bear (Creelman.)
upon the crisis as it actually took place, ..h
There may be a dozen reasons why this panic occurred, which may
According to James Creelman’s statistics, 286,418,601 shares
have no hearing upon legislation.
of stock of par value of $25,000,000,000, besides 665,000 of
thousand-dollar bonds, were “ sold ” in 1906 on the Stock Ex­
Mr. President, one of the reasons why this panic occurred,
change; and on the Consolidated Exchange 136,000,760 shares
which does have hearing upon legislation, was the tying up
of stock, besides 21,569,178 shares of mining stock and 193,of the bank credits placed with New York for reserves, was in
884,000 bushels of wheat. This does not include curb sales.
making loans for the speculative buying or handling of stocks,
Over $30,000,000,000— four times the value of the products of
and they are still tied up in large measure. I call the atten­
tion of the chairman of the Committee on Finance to this all the farms of the United States.
I submit as Appendix C to my remarks a sketch by the New
well-known fact, and invite him now to amend his bill so that
the reserves of all of the banks of the United States placed in York World, o f January 7, 1908, on this subject.
The overcertification of checks, for the convenience of the
New York shall no longer he used for gambling purposes, but
gamblers, by the national banks is prohibited by law (section;
shall be used only for the legitimate commerce of our people._
The honorable Secretary of War, in speaking at Detroit, 520S), but I am advised this is evaded on a vast scale every day,/




1908.

CONGRESSIONAL RECORD— SENATE.

2443

the broker getting his check certified, when he has no deposit deliver themselves from the conditions in which they had placed
and no security, in order to buy the security, which is then themselves and to deliver the country from the ruinous con­
dition to which they had exposed the country by this danger­
placed as collateral to his demand note.
I understand the law is evaded by putting up a demand note ous practice; but, Mr. President, their critical condition, their
secured by the stock named, and then before business hours complete panic, was due to the fact that over one-half o f
close the collateral is bought and delivered to the bank extend­ the enormous deposits in their hands were tied up in loans
ing this advance credit. This practice, being a part of the gamj for the speculative buying o f stocks which they dared not
bling machinery, should be forbidden by law, because it is one liquidate.
I f they had compelled the borrower to have sold these stocks
of the potent agencies by which this gambling is successfully;
on the open market for cash, the stocks would have been broken
carried on.
Mr. President, this recent panic was undoubtedly promoted by to a point which would have ruined the good name of this R e­
the speculations in stock in New York and by the great “ bull ” | public throughout the civilized world.
I believe the New York banks did wisely not to press their
movement which had been engineered through several years
Rnd a more recent but equally great “ bear ” movement, which.; borrowers on stocks to instant bankruptcy.
The speculative buyers o f stocks and bonds, as it was, have
resulted in the ruin o f hundreds o f thousands o f small financiers
aud of thousands of other business people and of some financiers been pushed in many instances to the point o f severe liquida­
tion, to the utter ruin o f thousands o f them financially and in
who were not small.
Many men have committed suicide because of
It is a very easy thing, Mr. President, for a bank to loan other ways.
money on the security o f stocks of a definite market value, this panic, as did the president o f the Knickerbocker Trust
which are attractive because they are regarded as quick as­ Company.
But, Mr. President, the fact remains that all of these evils
sets. This process had become a fixed practice in New York,
so that over one-half o f the deposits in New York were loaned have flowed directly from the loaning o f the national deposits
out to the speculative buyer of stocks; but every bank iu for stock gambling, and I earnestly insist that no measure in­
the United States has a deposit in New York, every bank looks tended to protect this country against future panic is adequate
to New York as a place from which it may obtain money in time which fails to provide a check on the use o f our national de­
of need, every bank keeps its reserve in New York on the im­ posits and reserves for the speculative buying of stocks, bonds,
plied contract that if the depositing bank needs a credit of cur- ^ and agricultural products.
Even from the point o f view of those who operate on the
tency, it is entitled to demand it and to receive it.
Obviously this implied contract is impossible of fulfillment i f ‘ exchanges, it is better for them to check these dangerous prac­
the New York bank lends over one-half o f these credits to the tices and save them from themselves, for the great majority
speculators on the stock exchange. It follows that the use of* drift ultimately to ruin, and those who succeed by successfully
these credits on the stock exchange really necessitates the with-; appropriating by artifice the property of their fellows will
drawal of such credits from the channels of trade, from th& surely find but little happiness in such successes, and their
uses o f commerce, from the service of the manufacturer, the great intelligence could be made very useful in other lines of
Producing classes in agriculture and in mines, and from the, endeavor that would promote the common good.
merchants and the transportation companies, and involves the
STABILITY OP COMMERCE.
breach of the implied contract with the depositing banks of the
Ration.
Mr. President, the most important element of our continued
I f these funds had not been loaned out for speculative pur­ national prosperity is to obtain stability of commerce, A man
poses on the stock exchange, they would have been available engaged in business where conditions are stable can forecast
tor our national commerce, where these funds properly, justly, his business future. He can make definite plans. He can
foresee the results of industry, providence, and integrity.
and wisely belong.
Where conditions are unstable, industry and integrity avail
It was our excess of exports at last, from September to De­
cember, 1907, that saved the country from a worse calamity. nothing, and conditions are unstable in a country where cus­
tom and usage has established the giving and receiving of
(S. Doc. 208, 00th Cong., 1st sess., p. 16.)
Any adequate measure for the protection o f this country credit as a necessary part of its commerce. Conditions in the
against future panic should forbid the national banks who op-, United States have proven to be less stable, perhaps, than in any
m-ate under the charter of the United States from loaning the; o f the great civilized nations o f the world, and the reason for
Rational deposits and reserves in their hands for the specula-; this is that there has been no law preserving the country from
panic and no law establishing a proper correlation between the
Uve buying of stocks, agricultural or food products.
banks and our commerce.
' The committee bill entirely ignores this obvious necessity.
Mr. President, the first duty imposed by the charter o f the
And the chairman o f the Committee on Finance invites us
cou^en^ with a very small measure o f relief on the ground Bank of France is that which directs the governor of that bank
Ithat a small measure o f relief is all that we could expect at this to see that the “ bank performs its duty to the state and toward
time.
i the commerce and industry of the country,” Moreover, the
Mr. President, the country expects as substantial a measure ■ executive officers are appointed by the political head of France,
“ the President o f France.” Financiers form a minority and the
° f relief as we have the wit and patriotism to devise.
Does the chairman o f the Committee on Finance think the members of the commercial and manufacturing classes and gov­
Rational banks should be allowed to crystallize our national re­ ernment oflicials a majority o f the board of directors.
serves in speculative buying on the stock exchange? Does he
rue Danas oi tne united States also owe a duty to the state
think Congress will or should refuse this obvious measure of and toward the commerce and industry of the United States
which the law should enable and require them to perform. It
Justice to the commerce of the nation?
Does he think that the country will be content to allow the has long been the custom of the Bank of France to let the
Rational reserves to be withdrawn from the legitimate demands French people have money at the unvarying rate o f 3 per cent,
of commerce, from the legitimate demands o f the manufacturers, j believing that stability in the rate of interest gives stability
Producers, and merchants of this country and for dangerous! to commercial enterprise and promotes the welfare o f com­
merce and industry of the country, which is the chief duty of
and vicious gambling purposes?
Will he refuse this remedy against the evil condition from-; the Bank of France. How does this compare with the ra.te
which this country has just emerged? As the Senator from of interest permitted and encouraged and established by usage
Rhode Island and as chairman of the Finance Committee, does , under our national laws, by the banks of New York, which hold
our national reserves? Our ubiquitous, omniscient press ad­
he favor the continuance of this monstrous evil?
The banks of New York, which in October last held a large) vises the country to-day that money on call in New York is 2
part of the national reserves, refused to pay currency, refused! per cent, to-morrow 8 per cent on call, the next day 05 Der
their depositors their just demands, and, with the reserve! cent, and the next day 60 per cent on call, or perhaps 100 per
funds of the whole of the United States in their hands, they] cent. The most violent and unreasonable fluctuations of inter­
were compelled to decline the demands of their depositors,! est are announced in the public press and sent broadens! tn
even where the money was needed for moving the crops. O kia-, every city, town, village, and hamlet in the land
° ,luCdSl 10
homa cotton could not be paid for and shipped to market*
avails nothing to say, Mr. President, that this violent fluc­
promptly because currency was denied on Oklahoma’s New York) tuation of interest is due to gambling on the stock exchange
reserves.
using the reserves of the United States for this purpose
W hat
Mr. President, I know that the New York banks failed in this I I wish to point out is that this violent fluctuation of'interest
particular most reluctantly. I believe they did their best to l due to gambling disturbs the peace and confidence of the coun







2444

CONGRESSIONAL RECORD— SENATE,

F ebruary 25,

The chairman of the Committee on Finance argues with
try. It disturbs and makes impossible that stability in the
financial and commercial world which is essential to the peace great earnestness and with convincing force the absolute neces­
and prosperity of this Republic. W e permit this gambling to sity of a proper cash reserve, and finally contents himself with
go on and raise no voice against it, and yet, when these gam­ making no improvement whatever in our present defective
bling elements create a stupendous panic that shocks the world reserve system and then recommends, as an anticlimax, that no
the Treasury of the United States is called upon to throw itself reserve whatever shall be required on United States deposits^
I confess I do not understand the chairman of the Commit­
into the breach and save the country from the necessary conse­
quences of this imprudent, improper, and scandalous condition tee on Finance. He strenuously urges the necessity of remedy
permitted by our Government. Mr. President, I do not believe and then proposes remedies which by bis own argument are
that I shall stand in the minority in this Senate in the demand confessedly inefficient and entirely ineffective to remedy tbe
that the gambling in the reserves of the United States shall be conditions which he is obliged to know have heretofore been
contributing causes of panic.
stopped on the stock exchanges.
These interior banks had on August 22, 1007, $182,000,000
I shall make no present objection to those who are fond of
gambling if they gamble with their own money and gamble with of cash reserve against $2,627,000,000 in deposits (Comptroller’s
each other, but when they gamble with my money which I have Report, 1907, p. 220), less than one-half the cash they are sup­
put in the New York banks as my reserve, for my uses, and posed to carry. A 10 per cent reserve for these banks would
when they allure into their gambling dens the untried youth mean $262,000,000 instead of $182,000,000, an increase of
and the ignorant adults of the country and rob them of their $80,000,000. In increasing these reserves in lawful money it
property, of their peace of mind, and their self-respect, and de­ would, of course, be measurably done at the reduction of the
stroy the stability of the commerce of this country by a panic reserves in the banks of the reserve cities, but this could be
which their unwise and vicious conduct produces, I feel it my done without inconvenience or harm to the reserve city banks.
The increase of $SO,000,000 for the interior banks is some­
duty to enter an earnest protest.
I demand, Mr. President, a statute which shall summarily what larger than would really be necessary, and I think the
committee was therefore justified in striking out this require­
end the'se evil and dangerous practices.
ment; but I think the committee was in serious error in mak­
B N O F E S SH U D B R ST IC E IN L A IN M N T T TH M LV S. ing no adequate substitute provision for a proper adjustment
A K F IC R
OL E E R TD
O N G O E O E SE E
Eighth. Another one of the reasons why this panic occurred of the reserve, for the reason that the reserve is of extreme
may be found in certain New York banks where the acting bank importance in preventing panic.
It is easy to strengthen these reserves and to distribute them
officers made improper loans of money to themselves, and
although this contributing cause is well known, the committee without in the least taxing the banks, as I shall show in detail
bill makes no provision forbidding its repetition. This is said in discussing the substitute I shall propose.
The national banks have only seven hundred and one mil­
to have been the ruin of the Walsh bank and kindred institutions
in Chicago and of the Morse banks and allied concerns in New lions of available cash, and under the laws which are more
powerful than any Congress can pass, tbe laws of human usage
* Mr. President, with the example of Chicago and the great and custom, the laws of convenience, this amount can not be
bank failure there, due to the unwise loan of the depositors’ easily increased without serious constrictions of credit.
The amount, however, can be easily redistributed under a
funds by the active president of the bank to himself, and with a
like notable illustration in New York, it seems to me that this plan that shall not disturb the gross amount of available cur­
cause which has contributed to disturbing confidence should be rency, and this ought to be done as a precaution against panic
removed. . The violence of this recent panic was precipitated in and also with a view to using such reserves in currency for the
New York, when conditions were otherwise critical, principally establishment of the stability of our commerce.
bv the charge and belief that the active officials of certain banks
By reducing the cash reserve of central reserve cities to 20
and great financial institutions had abused their positions of per cent and requiring them to keep 5 per cent of municipal
trust in this respect.
bonds as a basis of emergency currency there would be released
What objection can there tie to forbidding an active official about seventy-five millions of currency and make available
of a bank loaning himself the money trusted to his charge, ex­ sixty millions additional emergency currency.
cept under the strictest safeguard! The reason of this, Mr.
By requiring other reserve cities to carry an actual cash re­
President, is so obvious, that an objection to it would seem to serve of 15 per cent it would add to their actual reserve about
be absurd. I do not think it necessary to do more than to twenty-nine millions cash, and 10 per cent of bonds for emer­
mention the necessity of this action, since the fault to be cor­ gency notes would make available for them one hundred and
rected is one of the recognized contributing causes of panic. forty-two millions additional emergency notes, if needed.
There can be no excuse to omit this precaution.
By requiring interior banks to keep 9 per cent of their re­
C M IT E B
O M T E ILL D E N T R Q IR A P O E A JU M N O T E serves in actual cash it would increase their actual cash reserves
OS O E U E
R P R D ST E T F H
B N RS RE.
A K EE VS
about fifty-four millions, and 0 per cent of bonds for emergency
Ninth. The committee bill, while at first proposing that the notes would make available for their immediate use, if needed,
national banking associations outside the reserve cities should tlie further sum of about one hundred and fifty-seven millions—
keep 10 per cent of their deposits in legal money, finally struck a gross amount of three hundred and sixty-four millions of
out this provision and failed to insert any equivalent of the a v a i l a b l e emergency circulation, with no increase in present re­
proposition requiring the banks to strengthen the interior re­ serve required. These results would follow without adding a
serves, but does insert a provision requiring no reserve against dollar to the reserves now required by law, merely by requiring
$250,000,000 of Government deposit, all of which ought to be “ open accounts with reserve agents” to be put in bonds for
held’ as reserve either by the banks or by the United States emergency currency, which would pay more than the interest
now paid by the reserve agent.
Treasury.
R eserves.

[Report Com
ptroller of Currency, page 222,1907. All figures in millions.]

Location of banks.

Classification of reserve held, Classification under substitute proposed
by Owen.
Amount
Num­ Deposits,
Amount
Reserves required, Ratio held, in
ber
Redemp­
in required.
held. millions. In lawful Due from tion fund New Lawful Rate in Amount Total
in
of
money in reserve with rate in money. bonds. in bonds. reserves.
millions.
banks. millions.
bank. agents. Treasurer cash.
—------P er cent

60
Central reserve cities............
306
Other reserve cities..............
National reserve cities........... 6,178
6,544

1,205
1,432
2,627
6,256

25
25
15

301
355
394
1,050

26.2
25.5
16.9
21.3

315
362
443

311.7
190.3
199.6

1,121

701.6

165.7
226.7
392.4

3.8
6.3
17.2

P er ct.

20
15
9

27.3 .........

240
214
236
790

P er ct.

5
10
6

60
143
157
360 I

<3 0
*0
5357
e393
d 1,050

« This plan in rel easing sixty millions would lower the reserve required by fifteen millions m
ore.
,
.
ninn rpiP se*Wtv-wMi millions cash to the country banks and would lower the reserve required by about twelve millions.
fl
S i s would increase cash required thirty-seven millions, supplied from reserve cities, and would increase gross interior reserves actually available by m i n t
bonds for emergency notes, in lieu of open credits with reserve agents,
dG
ross reserves the same as at present.

j

1908.

CONGRESSIONAL RECORD— SENATE.

The actual cash now on hand would not be added to, but
would be so distributed that our moving crops and our com­
merce could be more conveniently served than under the pres­
ent distribution o f the available banking currency of the United
States.
This rearrangement is provided in the substitute I shall
propose.
M r.’ President, the Senator from Maryland [M r. H a y n e s ]
pointed out what was literally true with regard to the reserve
held by our country banks— that only 7.4 per cent need be kept
as cash under our present laws. This is set forth with great
care by the Comptroller o f the Currency, on page 72, Report
1907, which I respectfully submit. This clearly demonstrates
that there is but 7.4 per cent of cash really required to be kept
by the banks under the present statute against the deposits in
the country banks, and this amount leaves an insufficient margin
for the transaction of business whenever a crisis occurs.
And even this narrow amount need not be kept on hand if
there be permitted the practice o f double-heading or exchanging
credits between banks for the purpose o f padding their accounts.
The present measure should carefully correct the weakness
o f this system, for the reserves o f the national banks are relied
on by the State banks and trust companies to cover deposits
twice as great. The national banks really hold the practical
reserve o f seven hundred millions against the nation’s gross de­
posits o f about thirteen thousand millions, or a cash reserve
less than 6 per cent.

CASH R SE V O D
E R E N EPO
SITS O $10,000,000 IN IN E IO BAN
P
TR R
KS.
T a b le

sh o w in g

w hat

th e

la w

p e r m its to
reserve.

be done w ith

th e a lleg ed c a sh

Deposited
Amounts Cash re­ with re­ Possible
loans.
serve
of deposits. serve in agents.
vaults.
Country banks.............................. $10,000,000 $000,000 $900,000 $8,500,000
Reserve city banks (amounts
above deposited by country
banks), 9 per cent................
900,000 a112,500 a 112,500 675,000
Central reserve city banks
(amount as above deposited
84,375
by reserve city banks)&
.......... <*112,500 <s28,125
9,259,375
740,625 1,012,500
Total....................................
---------------- ■
84
6J
Per cent of total deposits...............
92*
10*
Per cent of oriainardeposits...........
7$
° One-half of one-fourth.

6 Twenty-five per cent of 9 per cent.
* One-fourth of one-half of one-fourth of 9 per cent.

2445

ment ” o f the issue. Every bank in the country will be glad to
get back to a normal condition, and would be glad to be allowed
to stay in a normal condition.
The fact is, Mr. President, the issuance o f 6,600 different
forms o f national-bank notes as emergency circulation under a 6
per cent penalty would be more apt to make an unwise prece­
dent than the issue o f such notes as United States notes, for the
obvious reason that there would be 6,600 banks who could make
the argument that these notes which they issue are good with­
out the bonds behind them and without the 6 per cent penalty.
W h y should they not contend hereafter that 3 per cent would
be sufficient or 2 per cent would be sufficient?
The present asset currency is based upon this very contention,
and has gathered considerable force throughout the country, and
has great merit where safeguarded and under penalty to prevent
permanent inflation.
The committee plan o f inviting the issuance o f these emer­
gency notes as bank notes is more likely to prove a bad prece­
dent than the issue o f such emergency notes as Treasury notes,
although no danger need be apprehended from either form.
The committee measure, confessedly a measure to prevent
panic, fails to provide that which is by far the most important
precaution against panic. This precautionary measure is the
removal of the fear of the depositor. It is only the fea r of the
depositor which causes panic. The soul o f a panic, its great
moving force, is the fear felt by the depositor and his conse­
quent hoarding o f currency. I shall discuss this more fully in
connection with the substitute measure which I have had the
honor to submit, and shall show that this precaution will cost
neither the depositor nor the Government anything; that it
would benefit b o th ; that it will not hurt State b an k s; that the
objections made to this precaution are entirely unsound.
PROPOSED SUBSTITUTE.

The substitute which I shall move as an amendment to the
' committee bill takes great pains to provide against every objec; tion made to the committee measure, and it contains those fea­
tures o f the committee measure which are o f value.
1. It proposes United States notes (for emergency use) which
are by law “ legal tender.”
2. It provides a method o f instant issue when the emergency
arises.
3. It provides not only the issue to some national banks in a
limited way, but makes the provision against panic available to
any national bank or to any State bank or to any trust com­
pany or savings banks which puts up the necessary security to
the Government.
4. It uses the same form o f bonds as the committee measure
for collateral, to wit, “ the bonds or other interest-bearing ebIigations o f any State, city, town, county, municipality, or dis­
trict legally organized which has existed ten years and never
defaulted in principal or interest of any funded d e b t;” but it
also provides the use of United States bonds, which is not pro­
vided by the committee measure, and strikes out railroad bonds,
which are provided by the committee measure.
5. The substitute provides emergency notes in any quantity
which proves to be necessary, whereas the committee bill con­
fines the issue to five hundred millions and then puts such re­
strictions on it that the available issue will be extremely lim­
ited at any point o f original need.
6. The substitute imposes a tax o f 6 per cent for the first four
months, 8 per cent for the succeeding months, and compul­
sory retirement within twelve months. The committee bill is
content with a 6 per cent tax. The substitute forbids the use
of bonds bearing interest in excess o f 5 per cent. The com­
mittee measure puts no limitation on the interest a bond may
bear.

Am ount o f cash outside original country banks, $140,G25, or
1.4 per cent.
.
B y exchanging credits even this reserve can be diminished
substantially.
Tenth. Mr. President, the committee measure imposes only a
6 per cent penalty, and therefore if for any reason the rate or
interest in any part of this country should rise higher than 0
per cent, these emergency notes might be easily made a per­
manent addition to our circulation at such a point, and the tax
on these notes should therefore be increased periodically, so
that their retirement shall be made compulsory.
The rate o f interest on these bonds is a matter o f importance,
and no bond bearing in excess o f 5 per cent should be per­
mitted, because otherwise the penalty on the emergency notes
might be insufficient for compulsory retirement.
No provision is found in the committee measure providing
for this contingency, while such a precaution would seem
judicious.
The compulsory retirement o f these emergency notes is of
..
trow iivmuv ujjivvr# uj a uan/c oorrowinj
*
essential importance. W ith the law drawn in such a manner
that the compulsory retirement is assured, there could be no the funds o f a bank, except under safeguard. The committee
measure ignores this precaution against panic.
possible reason for regarding this statute as a dangerous prece­
8. rhe substitute foi bids t h e u s e of deposits for s p e c u l a t i v e
dent, even if the issue were United States notes instead of
United States notes under the form of national-bank notes, as buying o f stocks, bonds, agricultural or food products because
this has been a potent cause o f panic. The committee bill
the chairman o f the Finance Committee has suggested.
It would be no more dangerous and no more liable to cause leaves this evil in full force.
9. The substitute bill requires interior banks to have 9 per
a public demand for a continual enlargement of the issue than
the precedent set by the clearing-house certificate^ which is only cent cash reserves, reserve city banks to have 15 per cent cash
issued as an emergency measure and which is similarly taxed reserves, central reserve banks to have 20 per cent cash reserves
and requires banks to carry bonds available fo r emerne n ,
and instantly retired when the need passes.
The banks o f the country are opposed to the issue of clear­ notes as a balance of the reserve now required by law
X
ing-house certificates or cashier’s checks or any other device committee measure is content with requiring no reserve on
b
i c s e n e on
o f this kind forced on them by a panic, and the fact that they Federal deposits.
use such devices does not constitute a dangerous precedent and
V
max only the net favorable bni
will ns>t ultimately lead to a demand for a “ continual enlarge- I ance of accounts w ith reserve agents shall be permitted as a




2446

CONGRESSIONAL RECORD— SENATE.

part of the legal reserve, a matter important in preventing
panic. Upon this question the committee bill is silent.
11. The substitute provides the insurance by the national
banks o f their deposits by using the tax paid by the national
banks on their normal and emergency circulation.
This is the most important precaution against panic. The
committee measure refused this protection.
12. The substitute safeguards the State banks from injury
under the insurance plan by putting into effect the insurance
feature only after March 1, 1910, except in States having the
insurance plan for State banks, and prevents any abuse of the
insurance plan by limiting the deposits insured to noninterest­
bearing deposits.
Mr. President, in discussing the essential features ot the
substitute bill I shall confine myself to those features of this
bill which differ essentially from the principles laid down in
the committee measure and which have not already been
sufficiently explained. I take it for granted that the majority
of the members of the Senate are in favor of emergency cur­
rency, properly secured under a penalty sufficient to compel the
contraction of such emergency currency when the exigency has
passed. I take it for granted that this body is in favor of a
sufficient quantity and quality of such emergency currency to
meet the conditions of panic sufficiently, and that the remedy
shall not be a partial remedy, but shall be drawn to meet com­
pletely and completely prevent any future panic.
Waiving discussion of these recognized essentials, I shall
now point out the reasons why the substitute measure is supe• rior to the measure proposed by the committee.
.
THE COLLATERAL IS BETTER.

readily understand that the committee thought the use of rail­
road bonds would be entirely safe, and so they are. It is not
on account of their safety, but for the reason which I give that
I insist that the substitute measure is better than the commit­
tee measure, because it uses United States bonds, which the
committee measure does not allow, and it refuses railroad
bonds, which the committee measure does allow.
UNITED STATES NOTES ARE BETTER THAN NATIONAL-BANK NOTES.

The committee measure prefers to use national-bank notes
as emergency currency; the substitute prefers United States
notes. Mr. President, either class of these notes are as good as
gold. Section 6 of the committee measure directly makes these
national-bank notes as good as gold. They are made redeem­
able 1 in lawful money ” at the Treasury, and section 7 further
4
provides that all of the national-bank notes, amounting to over
six hundred millions in our normal circulation, shall be pay­
able in “ lawful m oney” or equivalent of gold, changing the
present statute status of national-bank notes, which makes
them redeemable in “ United States notes.” I approve the
change.
The quality of notes in either the committee measure or the
substitute proposed is first class, the equivalent of gold, but
the objection to the committee measure is, that it provides
for 6,600 varieties of notes, each one differing in form from the
other, each one requiring a special plate in the Bureau of En­
graving, each one requiring an independent account to be kept
of such notes, whereas the simpler, more economical method
would be to have one form of Treasury note and one form of
engraved plate and one account to be kept of these outstanding
emergency notes in lieu of six thousand and more of these ac­
counts, etc.
Another objection to these national-bank notes is that it will
encourage the future demand to lower the tax on these emer­
gency notes and thus encourage enlarging the volume of these
national-bank notes, which is not desirable.
Another objection to these national-bank notes is that they
comprise a pretense.
They pretend to be national-bank notes.
The banks do not really issue these notes.
The bank officials need not sign these notes to make them
current among the people.
The Government of the United States makes this issue of
national-bank notes, controls every item and every particular
in the form, manner, use, and redemption of such pretended
■ national-bank notes.
I do not like the pretense.
The immediate consequences which flow from this pretense,
and which have greatly impaired the value of the committee
measure, are as follows;

President, the collateral proposed by the substitute meas­
ure is better collateral.
. __ .. .
,
The committee measure denies the use of United States
bonds, and inserts in lieu thereof railroad bonds.
The substitute reverses this and strikes out railroad bonds
and inserts United States bonds.
What excuse there is for refusing to the bonds issued by the
people of the United States this quality which has great finan­
cial value and giving this financial value to bonds of private
persons and private corporations I know not.
It will not do to say that the volume of bonds of the United
States, of the States, of the cities, towns, counties, municipali­
ties, and district are insufficient in volume, because that would
not be true. Their volume is abundant. It will not do to say
that these bonds, issued for public purposes, are not as good
as railroad bonds, because they are better and fluctuate far less.
It will not do to say that it is a matter of indifference
whether you prefer one or the other, because it is not a matter
of indifference. It is a matter of an important value in dol­
lars and cents, measurable not in a small way, but in a large
w ay; giving this value to the bonds issued by the people is to
give those bonds values worth hundreds of millions, giving this
function to railroad bonds will be worth hundreds of millions
to the holders of such railroad bonds.
I have already pointed out, Mr. President, the manner in
which these bonds have risen in value during the month of
January, 1908, within which the chairman of the Committee
on Finance brought in his remarkable proposition, and I insist
that the full measure of this value shall go to the people of the
United States, and that public bonds alone shall be used; and
that these values shall not go to the railroad bondholders, and
that they shall not be used for this purpose.
It is measurably true that this value being given to railroad
bonds would go to the people of the United States; it is true
it would go to some of the people of the United States who own
these bonds; it would probably go to one person out of a thou­
sand, who is a railroad bondholder, but, principally, it would
go to a very few men who are the great railroad bondholders
of the United States, and this bill would be a bill to give them
the value in this way which ought to go to the people of the
United States in their public capacity.
I do not feel content to agree that these values should be
put in the hands of a few individuals, even if those individuals,
inspired by generosity, or humanitarianism, or by any other
worthy motive which inspires the human heart, were willing
to give it all back before they die, as in fact they ought to do.
This country has been subjected long enough to the favor of
private interests. I think it my duty to protest against the
effect of this proposed committee measure in this regard, al­
though well assured of the patriotic purpose of the remedy propoeed. I can readily understand how the committee thought
they would enlarge the bonds available for this purpose. I can




February 25,

THE COMMITTEE LIMITATIONS RUINOUS TO THE PROPOSED RELIEF.

The very fact that these notes are pretended to be nationalbank notes leads immediately to the proposition found in the
first three lines of the bill, to w it :

That no national hank which has circulating notes outstanding less
than 50 per cent of its capital stock shall be allowed to issue emer­
gency notes, and no national bank which has a surplus of less than 20
per cent of the capital stock shall issue emergency notes.
If these were United States notes and were not nationalbank notes, no such reasoning would suggest itself. No such
limitations would be suggested.
Tbe limitations are very
illogical and unreasonable.
In the first case, because a national bank has been extremely
conservative and lias not issued any more of its notes than the
law compels, it is penalized and denied emergency notes, which
at some time may be essential to Its life.
Because the bank has carefully limited its outstanding lia­
bilities and made itself more worthy of credit, it is to be denied
the relief extended to those less worthy.
The absurdity of this proposition is so manifest that a child
could see it.
And no national bank, in the second place, which has not 20
per cent surplus shall be allowed emergency notes, although it
is willing to put up a first-class collateral 10 per cent in
excess of the proposed issue. Its danger may be vital, its neces­
sity compelling, and yet this bill denies them emergency notes
upon a security confessedly more than sufficient.
W ill any sound reason be offered for such limitation?
Certainly the chairman of the Committee on Finance, in ex­
plaining his bill, made no explanation whatever of these objec­
tions which I point out.
Again, Mr. President, the committee measure forbids any
national bank to have the security against panic of this pro-

1908.

CONGRESSIONAL RECORD— SENATE.

posed remedy, except to the limited extent that its normal cir­
culation and its emergency circulation shall not exceed tne
gross amount o f its capital and surplus.
W h a t an amazing restriction this is !
H ow grossly unreasonable.
H ow utterly lacking in foresight.
H ow destructive o f the purposes o f this proposed remedy
against panic.
W h y , Mr. President, the demand upon a bank in times of
panic is not measured by its capital and surplus. It is meas­
ured by its deposits and the demand o f its depositors.
The capital and surplus may be three millions, its deposits
m ay be thirty-five millions.
The Knickerbocker Trust Company (which was recently driven
to its death) out o f its own resources paid millions before it sur­
rendered. Under this bill that trust company could not have had
any relief whatever, yet it had a demand liability o f its deposits
to the extent o f $67,665,000. This committee measure now pro­
poses a plan that would limit the extent of relief against panic
to be afforded such a bank to nothing, notwithstanding the fact
that this trust company should be prepared to put in the hands
of the Government collateral, confessedly o f the first class, far in
excess o f the value o f the issue, and notwithstanding the fact
that this company would, upon such gilt-edge collateral, be pay­
ing the Federal Government Treasury a substantial tax of 6 per
cent for the use o f such money.
W h a t good reason can the chairman o f the Committee on
Finance give to the Senate for refusing this relief against
panic to this institution, when beleaguered by the demands of
its frightened depositors, and when this institution is willing
and anxious to put up first-class collateral?
Are we trying to prevent panic?
Are we trying to afford an abundant and sufficient remedy?
Or are we merely proposing to present the shadow and deny
the substance?
But the limitations o f the committee measure do not stop
with denying to these national banks the reasonable relief to
which by every canon o f reason and good sense they are en­
titled, but the committee measure deliberately omits from this
measure every State bank, every trust company, every savings
bank, and every other bank in the United States.
The national banks have only one-third o f the banking cap­
ital o f the United States. They have less than a third of the
deposits o f the United States, and a panic could sweep this
country and never close a national bank. The hoarding o f cur­
rency might come entirely through State banks.
The State banks only carry a net reserve in currency of
between 4 and 5 per cent, and they have nearly nine thousand
millions o f individual deposits, and their distress for currency
may close factories and merchants’ stores and enterprises in­
numerable from Maine to California because o f a lack o f cur­
rency, and this committee measure, which proposes a remedy
against future panic, is presented to this Senate with a denial
to these great State institutions whose welfare and whose
solvency is absolutely essential to the welfare o f our national
commerce.
I am amazed, Mr. President, at this most serious omission on
the part of the committee bill.
In the substitute which I shall propose as an amendment, the
State banks, trust companies, and savings banks are provided
for.
B ut the committee measure not only denies to many nationa
banks any relief whatever; it not only denies to the nationa
banks an abundant relief by limiting the amount of currency to
the capital and surplus; it not only denies any relief whatever
to any State bank, trust company, savings bank, or other bank,
but it goes still further and says that the proposed remedy sna
be still further limited by distributing the proposed relief m a
manner—

Aa equitable as practicable between the various sections of the coun
try.
And that-

tvouiu
C U C U Hit' U S S U tnw
UUU U
U1 1
^
.
. crmh V
jtfltP
capital and surplus of the national banking a®
|^PI^ 2 D lirD 0f tue
fQ illfl
bears to a total amount of unimpaired capital and suiplus or the
national banking associations of tbe United btaies.
This language o f “ equitable ” apportionment has a ^ irtuous
\\ hat it
really means is that this proposed remedy against panic, even
if under the limitations imposed upon the several national hanks
Sound, but a most dangerous and harmful meaning.




2447

it were completely available, the average relief to the country
against panic o f these emergency notes would be limited to less
than $11,000,000 to each State. W h a t is the purpose o f this lim ­
itation, and why are these emergency notes, essential as they are
to protect our country against panic, bound so readily by in­
numerable limitations so as to make the relief feature ineffec­
tive? This last limitation almost entirely destroys the value
o f the proposed remedy.
The so-called “ equitable ” distribution o f this remedy would
make the remedy itself utterly ineffective, and I commend the
reasoning o f the Senator from New York [Mr. D epew] in his
approval o f the relief offered by the Secretary o f the Treasury
to New York when he said—

t p mteht have followed the strict letter of the law, which the
t
Senator has quoted, and put the $240,000,000 of Government (funds)
nroportionate?y in each one of the 6,600 banks of the country. The
effect would have been, so far as relief is concerned, like meeting
o
fire in a great city, where property is likely to be consumed
of luch Slue as tfimpair the business of the whole country not with
' concentration of all the resources of the fire department upon the
ore onU blowing up with dynamite of adjoining blocks to prevent Its
C
M n r
in 8an Francisco, but to distribute the fire
engines 111 over tL city and demand them to divide the water e q u i t a m among the different wards.
The Secretary fearlessly and wisely
savs7he deposited the money where It would be most effective, and the
result demonstrated the wisdom of his action.
This reasoning o f the Senator from New York is sound and
it is also a forcible demonstration o f the utter inefficiency o f
the limitations proposed by the Senator from Rhode Island.
Under the provisions o f this proposed remedy the State o f
New York, which in the last panic needed more than four
hundred millions to stop the panic, would be allowed to receive
under this bill less than one hundred millions. The chairman
of the Committee on Finance takes some pains to advise the
banks of the country that the suspension of bank payments
with its resulting strain upon the credit of the country will not
again be tolerated, and he says with great force that “ the fa il­
ure o f the bank to meet its demand obligations is a violation o f
every law governing its conduct” and existence, and that
“ bank managers should realize that a repetition of these viola­
tions will not be permitted,” and having thus given a solemn
warning to the bank managers that they shall not hereafter re­
lieve their own distresses by their own devices, he offers as an
abundant remedy an emergency circulation which he so limits
and surrounds with conditions that its future failure to relieve
the bankers is made reasonably certain.
It looks to me this bill will prove an anaesthetic to prepare us
for a future operation, a future bear raid on the commerce and
industries o f the nation.
W e have ju st had what the farmers call a “ hog-killing
time, and somebody has canned the lard. The physical proper­
ties o f the country still remain, but the change of ownership
from weak hands to strong hands is obvious to any man who isy
not feeble minded.
The chairman o f the Committee on Finance him self advises
us in his speech upon this question of the extraordinary steps
which were taken to avoid final disaster, and which did not
avoid final disaster. H e points out the deposit o f public money
in New York and other banks between September 30 and Decern-1
'
ber 7 to the extent o f $70,000,000.
Second. O f clearing-house certificates, $190,000,000.
Third. O f checks intended for currency, $75,000,000.
Fourth. A forced enlargement of bank-note circulation from
October 1 to January 1, $94,759,115.
Fifth. Gold importations of $107,000,000 (the exclusive prod­
uct o f our cotton and w heat), and he fails to count over two
hundred millions which were bought by a 4 per cent commission
bringing hoarded currency into new circulation; he fails to
count innumerable devices throughout the country which are
j
not a matter o f record by which currency was brought from ^
hiding.
,
v |
And he fails to point out that every dollar drawn from hiding \
by the taxing power of the United States was instantly re­
deposited in circulation. H e fails to point out that there was
two hundred millions o f public funds placed with national-bank
depositors to assist in this critical demand for currency through J
which the country was being forced in 1907.
“
And he fails to mention the effort made by the President and
Secretary of the Treasury to reestablish public confidence by
the offer to the country o f one hundred millions o f 3 per cent
clearing-house certificates, and fifty millions of Panama bonds
which had a hypnotic effect upon the country favorable to confD
dence and which helped to abate the terrible panic under which
the country was staggering.
I pause, Mr. President, in my remarks, to say that I feel if
my duty to commend the President of the United States, and

2448

CONGRESSIONAL RECORD— SENATE

the Secretary of the Treasury, in offering at this critical period
l the 3 per cent certificates and the Panama bonds.
I do not care to debate the question of whether the offer was
justified under the strict construction of the law, waiving that
point and granting, for the sake of argument, that the offer was
not thoroughly justified under the strictest construction of the
statute, nevertheless the emergency of this panic, in my judg­
ment, justified the President in this effort to relieve the country
from its danger. I f I had been invited to express an opinion
before this offer was made I should not have failed to recom­
mend it, and having been the beneficiary of the action of the
Executive I am not willing to be silent and to withhold my
commendation of the Executive act.
I trust that the legislation now being framed shall be drawn
in such a manner as to make it unnecessary from this time forward ever to resort to similar measures for the relief of panic.
More than a thousand million was needed to control the last
i panic and then it was not effectively controlled,
v But under the remedy now offered us by the committee meas­
ure, the storm center— New York— would receive less than
one hundred million.
Mr. President, our banking capital, has grown in seventeen
years 230 per cent, and in seventeen years more it will be as
much greater by 236 per cent of the present banking capital.
This bill is drawn not for to-day; it is drawn for the future and
no limitation of $250,000,000, as first proposed by the chairman
of the Finance Committee, nor $500,000,000, as now reported by
the committee, will be adequate in ten years, even if it were
adequate now.
The committee measure Is fatally defective in putting this
limitation of volume on these emergency notes. The substitute
I shall offer, Mr. President, puts no limitation upon the emer­
gency notes proposed except found in the words, “ this act
shall not be construed to limit the issue of such notes if in
the opinion of the Secretary of the Treasury an emergency
exists for a larger issue than the amount required to be pre­
pared by this act.”
DEPOSITS AND RESERVES SHOULD NOT BE USED FOR SPECULATIVE
'
PURPOSES.

Sixth. The substitute is superior to the committee measure
because it forbids the use of the national reserves held as deposits in the national banks to be loaned for the speculative
buying of stocks or bonds, agricultural or food products. The
committee measure is confessedly drawn to prevent panic.
I One of the most potent causes of panic is the loaning of the
national reserves and deposits sent to New York for the specu­
lative buying of stocks.
Such loans, while supposed to be quick assets, are in point of
fact not quick assets. Every bank and trust company in the
United States keeps a balance in New York upon which they
rely for cash and which is always available for cash except
in time of panic, but when panic ensues and the depositors of
the New York banks begin to hoard money, these reserves in
New York are no longer available for cash. Nor can the
national banks which are making loans for the speculative
buying of stocks force such speculative borrowers to pay cash at
such a season. If they do, they make the panic still worse,
and by beating down the prices of stock through such forced
liquidation they increase the alarm throughout the whole of the
United States. These stock quotations are printed on the pages
of tens of millions of daily papers, and these quotations go to
every city, town, and hamlet in the land. I f the New York
banks compelled liquidation of the five hundred million they
had loaned out on these stocks last fall, it would have broken
stocks to a point which would have alarmed the country most
seriously. The attempted remedy would have been worse than
the disease. As it was, the contraction of credits by the banks
in the reserve cities was largely responsible for the fall in the
|
price of stocks, and there are more ways to contract credits
than by refusing a loan.
The contraction of credit, which caused the great
bear
market, was in refusing to loan as much money on stocks, from
time to time, as had been previously loaned on such stocks.
All the banks had to do to cause a “ bear ” movement and the
lowering of the prices of stocks was to withdraw the extension
of credit to such stocks on the higher value and assume a lower
value as a basis of loans; to ask more collateral in stocks on
maturing loans. I f a bank says I will lend you money on Amal\ gamated Copper with a 20 per cent margin, estimating Arnalga\ mated Copper at 120, the stock would be affected by this exten\ sion of credit. If the banks were unanimous in refusing to
\ recognize Amalgamated Copper as worth more than 110, its
\ market value would fall to that point. If they were unanimous




F ebruary 25,

In refusing to recognize the value of that stock as in excess of
60 on making loans, its price would fall to 60, because these
prices are fixed in the speculative markets and the banks fix the
measure of the value o f such stocks handled on the stock ex­
change by limiting the loans on such stocks. I regard the opera­
tion of this financial policy as certain in its operation as the
law of gravity.
A community of interest among the New York banks, con­
certed action in credit extensions, could establish through the
stock exchange the most powerful money and credit trust on
earth.
But I call the attention of the Senate to the tremendous fluc­
tuations in the prices of these stocks. Amalgamated Copper
about a year ago was worth over 100 per cent of what it is
to-day, and was so recognized by the banks as a basis for loans.
The game of finance on W all street is a great game and the mas­
ters of finance can control and direct the prices of stocks with
reasonable precision. It is no idle figure of speech to speak of
the speculative class who enter W all street from the outside
as “ lambs.” They go to their ruin and their property is ap­
propriated by men of higher intellectual force and greater finan­
cial power.
The people are Induced to buy these stocks and then are in­
duced to sell these stocks by representations made to them
with diabolic skill and ingenuity, persuading them in the first
case of the great value of the stock and persuading them in the
second place that the stock may lose all of its value and is
too dangerous to retain. In this way the gamblers on the
stock exchange continually steal the property of the ignorant
and thoughtless, through the gambling passion, but what
is infinitely more serious they unsettle the stability of our
commerce and prepare us for panic with its deadly national
blight.
A few of the conspicuous samples of the high and low prices
I submit, and full tables I submit as Appendices F and G to
my remarks.
These ranges are since 1900, and will be found In the New
York Times Weekly National Quotation Review, page 13, of
October 21, 1907.

High.
Adams Express_________________________________
Alice Chalmers Co___ ___________________________
Amalgamated Copper---- -- -------- -------------------------American Beet Sugar.Co__________________________
Am
erican Cotton O
il-*,____ _______________________
Am
erican Express______ :_______________________
Am
erican G Twine.................. ................ ...................
rass
Am
erican Hide and Leather___ _________ ___ _______
Am
erican Ice Securities_____________________ -____
Am
erican Linseed Co_____________________________
Am
erican Snuff Co________________________ —
-----Am
erican Steel Foundries_________________________
Am
erican W
oolen Co_____________________________
Atchison, Topeka and Santa Fe-------------------------------Baltimore and Ohio..*,___________________________
Delaware, Lackawanna and W
estern--------------------------Denver and Rio Grande_________________ ___ _____
Duluth, South Shore and Atlantic-----------------------------General Electric------------------------------------------------Great Northern preferred---- ----------------- ------- ----- —
Iowa Central----------- --------------------------------- -----Kanawha and M
ichigan---------------------------------------Kansas City Southern-----------------------------------------Knickerbocker lee—........................... ........ ............ ........
Lake Erie and W
estern___________ ___ _________ _
_
Manhattan Beach_______________________________
M
issouri, Kansas and Texas R. R____________ ________
National Biscuit Co..........................................................
New York, Chicago and St. Louis___________________
New York Central________________ ___ _________
Norfolk and W
estern____________________________
Northern Pacific_______________________________
Northern Central____________________ ____ _____
Ontario M
ining.______ __________________ ____ _
_
Pennsylvania Railroad_____________ I__ I_________
Peoria a^d Eastern_.___________________________
Pere M
arquette_____________ __ ____ ____________
Pullman Co__________________________________
Reading....__________________________________
Tennessee Coal and Iron____ _________________ ___
United Railways Investment_______________________
United States Cast Iron__________________________
United States Express__________ ....._____________
United States Leather___________________________
United States Steel______ _______________________

315
27
130
36
57
272
62
13
94
30
2 50
18
48
n o
1 25
560
53
24
334
348
57
76
39
85
76

22
43
86
76
1 74
97
700
250
13
170
50
1 06
2 68
1 64
1 66

98
53
160
20
65

Low.

1 14
4
33
9
24
1 42
3
2
20
5
26
3
7
18
55
171
16
4
109
1 40
11
10
7
8
12
4
9
23
11
99
22
45
1 50
1
110
5
20
148
15
25
9
6
45
6
8

Here these values are shown to fluctuate from the low to the
high, not by ordinary percentages— 5 per cent, 10 per cent, or
20 per cent— but by 100 per cent, by 500 per cent, by 1,000 per
cent.
And yet these gamblers raise a howl of lamentation if any­
body proposes to make stable these values, and appeal to high

CONGRESSIONAL RECORD— SENATE.

1908.

heaven in the name o f the widows and orphans whose last
dollar is invested in these precious securities.
Take the Adam s Express Company. The high price of the
Adam s Express Company stock since 1900 was 315 and the low
price 114. Am algamated Copper, 130 the high price and 33 the
low price, a stock involving millions upon millions, and which
has been used to steal away millions of dollars from the unsus­
pecting ignorant classes o f this country, and these ignorant
classes embrace educated men who, although they seem to be
educated, are still ignorant of these refined, insidious processes
that are so diabolical and so crafty that only one man in a
hiillion can see through them ; and so this old, old game of
stealing the property o f the unwary goes on year after year
and year after year and this body sits here, and sits, and sits,
supine, and offers no relief. The country expects relief, and as
one of the members o f this body I demand relief. This bill must
be amended. It must provide that this process o f stealage and
Panic shall stop. The people of the United States have a right
to make this request. They expect it of this body, and, in their
name, the Senator from Oklahoma demands it.
The point I wish to call attention to, however, Mr. President,
is the fact that the national banks are used as agencies for carTying on these gambling transactions on the stock exchange.
It is, as I have said, the most stupendous gambling palace on
the face of the earth, where the intelligence o f the victim is
drugged and loaded dice and trapdoors prevail. They sold, or
pretended to sell, values during the last year of over thirty
thousand millions, an average of over one hundred millions a
day for every business day in the year. They used for this pur­
pose, on a margin of about 10 per cent, nearly all of the re­
serves placed on deposit in New York by the banks o this
’f
country, and when the critical time came that our national com­
merce called upon their banks of deposit from Maine to Cali­
fornia for the currency necessary to transact the business o f
our national commerce, tbe New York banks, who had been
engaged in promoting these gambling transactions for profit, and
who had by their own tactics caused a gradual reduction in the
values o f stocks from the beginning of the “ b e a r ” movement
until its culmination in panic, were unable to respond to their
contracts with their correspondent banks. They were unable
to pay currency because their own conduct in promoting the
great gambling scheme of tbe stock exchange, which culminated
in the panic, frightened the people of the country who had their
personal deposits in the banks, and a sudden withdrawal tor
hoarding took place in New York, tying up within a week an
enormous amount o f currency. Whether this was promoted by
certain “ wealthy malefactors,” who helped engineer such a
scheme and at the critical moment withdrew currency for the
purpose of promoting panic, is not material.
The point I
wish to emphasize is that the use of these reserve funds, on
deposit with the New York banks for loans in the speculative
market, was one o f the direct causes o f this recent panic.
The committee measure is avowedly for the purpose of pre­
venting panic.
The most notorious cause of panic are these gambling opera­
tions which have threatened the country by tbe steady con­
traction o f tbe market price of stocks. The committee rneasme
Ignores the chief cause.
.....
The substitute measure is superior to the committee di
because it removes this potential cause of panic.

W
IIAT IS A L A F R SP U TIVE P R SES?
ON O
EC LA
U PO
Mr. President, I have been challenged with the inquiry, TUiat
is a loan for speculative purposes?
. ,

Mr. President, this question is asked by a lawyer and mig
be debated by a sophist. It might be asked by one used 0
critical analysis of language; by one who might plead that any
action in life is speculative; that whether we shall arise in tne
morning or be found dead is speculative; that any busine
transaction which is not absolutely concluded is speculative,
because any exigence which might arise that would remove
the issue from the domain of certainty contains an element
of uncertainty and of speculation.
,
In answer to all of this refinement, I say bluntly ana
plainly that a loan for the speculative buying o f stock is as
easily ascertained and determined by a competent banker
competent bank examiner as the color o f a black horse oy a
person with two good eyes.
„ .
.
.
The effect of this proposed statute would be to put tne seal o
1 condemnation on tbe practice of using our national-bank reserv es
: deposited in New York, for gambling purposes to tbe denial of
the legitimate uses of our commerce. A bank examiner who
\ does his duty will speedily point out to the banker who is so
lObtuse as not to see, or to him who does not wish to see, what




2449

is a loan for the speculative buying o f stocks, bonds, agricultural
or food products.
I insist upon it that this measure which is intended to prevent
panic should not close its eyes to the most important contribu­
ting cause o f panic.

AC
TIVE BAN O
K FFIC R F R ID E T B R O .
E S OB DN O ORW
Seventh. The substitute measure is superior to the commit­
tee measure because it removes another potent cause o f panic.
It is well known that the action o f Morse in borrowing tbe
money intrusted to his keeping for his own uses, in 1907, was
the spark which ignited the inflammable material prepared by
the gambling transactions above referred to. Tbe powder and
dynamite were carefully arranged and Morse w as tbe detona­
ting cap that produced explosion. H is property, I am informed,
has passed into the hands o f those abler and wiser than he,
and in the same way the United States Steel has taken over
the Tennessee Coal and Iron, and we see the pleasant spectacle
o f the survival of the fittest, a new instance o f the lion and the
lamb lying down together.

TH G A A T O D
E U R N Y F EPO
SITS.
%
The substitute provides that ^ninterest-bearing deposits in
national banks shall be guaranteed out of the tax paid by tbe
national banks on tlieir present circulation and by the pro­
posed tax on emergency circulation.
A s I have heretofore pointed out, the tax on the annual cir­
culation is over three millions per annum, and the average loss
to depositors of national banks (luring the last nin£ years is
$85,000 per annum.
. ** # / * * T o
& **»»**
There would be no need for so large a guaranty fund ex­
cept for its moral effect. There is no harm in making it so
abundant that confidence in the fund should be assured. There
might be harm if the fund were not large enough to thoroughly
establish public confidence.
A s I have already pointed out, the fear of the depositor is
the real cause of hoarding money on a large scale by the
people. I f you remove the cause for this hoarding, there will
be no panic capable o f seriously harming our national com­
merce.
When the depositor is absolutely assured in the security of
his deposit, regardless o f the solvency of the bank, he has no
reason whatever to withdraw his funds, and he has no reason
to hoard it.
There is a class of persons who do not keep any bank account
because o f their distrust. One of the strongest benefits arising
from the guaranty o f deposits would be to bring out tbe cur­
rency hoarded by this class of people, who at present do not
keep any bank account.
The insurance plan would bring into activity a considerable
volume of money which is now hidden.
But the value o f the insurance plan is not the protection of
the depositor; it is the protection o f the public; it is the pro­
tection of our commerce; it is the promotion of the stability of
business conditions which is specially to be desired. The de­
positor is perfectly safe now, but nevertheless when he takes
fright and withdraws currency for hoarding and produces a
panic he is very dangerous to our commerce, and it is this
danger which should be abated.
I have received a vast number of letters from bankers with
regard to the insurance of deposits. The great majority of
these letters strongly favor the guaranty plan and give abun­
dant reason therefor. I submit a sample of these letters
(Appendix “ E ” ), but I have also received various letters
from bankers opposing the idea o f the guaranty of deposits.
I have carefully read the letters which oppose this proposi­
tion and have scrutinized every objection made.
The first objection is that it will promote reckless banking,
which will encourage unscrupulous bankers to offer high inter­
est for deposits, with a view to embezzling the funds o f the
depositors; that this would be at the expense o f the honest
bankers o f the country. The answer to this is—
First. That interest-bearing deposits are not insured and,
therefore, the entire objection fails because the supposititious
embezzler has no inducement to offer for deposits, and, more­
over, the honest banker pays nothing more under the plan pro­
posed than he does now. It costs him nothing.
Second. In the second place, the embezzlement o f funds is
made sufficiently unattractive by the criminal code to prevent
the predicted embezzlement.
Third. In the third place, the safeguards o f national banks
are otherwise abundant to prevent embezzlement, and with
6,600 o f such banks in the United States the losses for the last
nine years has been a negligible quantity. The persons who

2450

invest their money in a national bank are subject to a double
liability, so that the stockholders of a national bank of the
smallest kind put up $25,000 and are liable to a like amount
under the law before any harm can come to the depositor.
This equals a $50,000 bond to secure fidelity.
No bank can start with any prospect of success that has not
a board of local directors favorably known to the community,
who comprise a further safeguard.
There is no force whatever in this objection.
Another objection which is offered is that it puts a conserva­
tive banker on a par with a reckless banker who will offer
special privileges in exchange for deposits.
_
i
The answer to this is : H e is not allowed to insure an interest-/
bearing account; the depositor is protected by double liability?
of the bank’s stockholders, and that the depositors are perfectly
safe now, as a matter of fact, and there would be no more forcd
in the objection under the new condition^ of insurance than
there is under the present condition of no insurance.
But everybody familiar with the banking business knows that
the primary condition of a deposit is the belief of the depositor*
that the bank is safe. The real factors which control the de­
posit are the personal friendship of the depositor for the banka
for some of its officers or directors or stockholders; the fact|
that it is convenient to his business; the fact that he has a
right to expect the reasonable business accommodations
which
he is entitled. These are the motives which control deposits.
The question of the security o f the deposit docs not control
it except in a negative way. A man woulcj^fbt deposit where he
had doubt; and if a bank wofc in the lumds-of a reckless, ex­
travagant man, the common pfeople can be relied on to find that
out, and no such man can attract deposits hgainst a man more,
honorable and more worthy of trust.

Another objection w hich is made is th at it w ill do great harm
to the State banks, because th elS tate banks w ill not have a likd
insurance.

The answer to this is that the national banks for the last nine
years have lost their depositors relatively only about $1 where
the State banks have lost their depositors $23. The average loss
of the State banks has been about $4,000,000 per annum, and
the average loss of the national banks has been about $85,000
per year for the last nine years.
Notwithstanding this greater safety of the national banks the
State banks have twice as much in deposits. This further dis­
credits the theory of the objection.
It is not true therefore that greater security of the national-bank
depositor would break up the State banks. I think it is true
that where a small State bank in a town has a small national
bank as its rival, under the guaranty plan, it would weaken to
some extent the deposits of the State bank, especially in time
of panic, if there should ever be a panic under this improved
system and in the event that the State did not arrange in­
surance for the State bank depositors.
.
But this difficulty has been obviated-by putting the insurance
plan into effect only after two years shall have passed, to wit,
March 1, 1910, except in States where the deposits of State
banks have insurance. Within these two years every State can
adopt a like precaution for the benefit of the State banks, and
no friend of the State banks needs to be afraid that the State
banks will not look after their own interest in this respect.
It is highly desirable and of great national importance that
every State in the Union should promptly pass a State law pro­
viding an insurance plan for the depositors of State banks, and
the insurance of the deposits of national banks in the pending
measure would lead directly to this desirable consummation.
Even if any State failed to provide an insurance plan, any
State bank which felt the slightest harm from the State s ornisI sion could take out a national-bank charter, and thus be de1 fended from any loss of deposits from this source.
It should always he kept in mind that it is not the welfare
of the hank, nor the welfare of the depositor which is the mam
adject to he attained, hut it is the prevention of panic, the pro­
tection of our commerce, the stability of business conditions,
and the maintenance in active operation of the productive
energies of the nation, which is the question of vital importance.

s
\




F eb r u a r y 25,

CONGRESSIONAL RECORD— SENATE.

The daily cheeks drawn against the reserves of all the banks
in the United States is equal to at least $2,000,000,000 a^ day,
nearly twice as much as the total amount of all the cash in all
the banks. About 5 per cent of these checks are handled in
cash, making nearly one hundred millions of cash a day.
These reserves would, nevertheless, be abundant if the coun­
try had assurances of peace from the gamblers of the stock ex­
changes.
t should be remembered, Mr. President, that the gamblers
the stock exchanges are composed o f two classes— the bulls
l the bears. It is the business of the bear operator to de­
stroy confidence, to break down values, and his resourcefulness
in this respect is wonderful.
He uses every power of the public press.

£

He circularizes the public.
He uses the agencies o f the press of every kind and fills the
country with suggestions of panic and disaster. He is backed
by unlimited wealth, and there is the most substantial reason to
believe that he has been backed during the last eighteen months
by the wealthiest men in the world, who, not content with for­
tunes so vast as to be incomprehensible to themselves, have
desired to break the stock market for the purpose of using their
hoarded currency and hoarded and available cash credits for
the appropriation of the stocks and properties held by weaker
men. I shall not stop to criticise the moral aspect o f this mat­
ter, I only desire to emphasize the fact that these bear op­
erators are able to cause violent fluctuations of credit, violent
fluctuations of interest rates; that they set out false signals
to produce shipwreck for their own profit. It is to stop the
disastrous results of their campaigning and to stop their pro­
motion of panic conditions that I earnestly insist upon the
j remedies proposed in the substitute bill.
First. To prevent the use of national-bank deposits for
stock-gambling purposes.
Second. To redistribute the reserves, to withdraw from the
central reserve cities a portion of the national reserves actually
required for the use of our commerce, to strengthen the re’ serves of all the banks by bonds suitable for emergency notes.
Third. Chief of all, to provide an insurance plan that will
prevent any attack on “ confidence” being successfully em­
ployed by bear operators against the bank depositor.
Fourth. To provide emergency notes, properly secured, in
volume great enough to meet any contingency whatever, and to
have such issue taxed in a sum high enough to compel the retire­
ment of such notes when the emergency passes.
When we shall have made panic impossible in this country
our great Republic will move forward with a stupendous com­
mercial development that will be the astonishment of the world.
Our resources are infinite, our people the most intelligent,
inventive, and active in the world. The measure which is now
before this body is the most important bill which has come be­
fore the Senate for many years. The great variety of opinions
entertained proves beyond doubt the fact that our statesmen
do not well understand the problem. But they have the in­
telligence and patriotism necessary, and should employ the
patient industry requisite to its complete mastery, so that this
measure when passed shall be perfect. I entertain a profound
hope that this question shall be studied in a manner entirely
free from all prejudice and with an earnest desire to promote
the common welfare of our beloved country.

Appendix A.
R em a rks o f R obert L . O w en

on S en a te

bill 3023.

Muskogee, I m T., September 2C 1899.
,
A M T O O C N R L IN FIN N IA P N S.
EH D F O T OL G
A C L A IC

It has been said that so long as human nature remained the same
financial panics were unavoidable, the idea being that panics were
necessarily caused by the natural tendency to speculate and operate
on an unsound basis.
Nothing could be more fallacious or mischievous than this opinion.
Certainly unsound speculators must come to ultimate liquidation, but
that sound operators must also be ruined in great numbers every teu
years by an unavoidable periodic panic is absolutely false.
It is true that the United States has had panics inflicting enormous
l'HE R S R E A F C E B ST C G M L G R T C E B SU ST U E injury about once in every ten years, ruining thousands of careful and
E E V S F E T D Y O K A B IN —-P O E T D Y B IT T
MA R.
E SU E
industrious business men through no fault of their own, throwing out of
Mr. President, the reserves of the State banks and trust employment many hundreds of thousands of honest workmen, destroy­
ing vast property, and exercising
depressing
companies is about three hundred and ninety millions, against enterprises because of the wreckageastrewing theeffect on all future
shores of the busi­
eighty-seven hundred millions of deposits— less than 5 per ness sea.
It is true that these insensate, unreasoning panics, wrecking the sound
cent.
The national banks have really available less than seven as well as the unsound, have been periodic, but it is also true that no
effort has been made to prevent them and that they can be easily
hundred millions, against a gross deposit of over six thou­ prevented; that England, Germany, and France have each provided an
sand millions, and the national banks owe the State banks efficient means of control, whose essential principle is available in the
more money than they have in cash, including all their reserves. United States; that the English method protects the Irish and Scotch ;

CONGRESSIONAL RECORD— SENATE.

1908.

2451

that the French method protects Belgium and Switzerland, and the greatly by the very low prices following a panic. They can by suddenly
and hoarding very
German method protects Holland, Denmark, and all the German States. calling in even cause a generallarge sums of cash bear prices exceed­
ingly and
panic.
PANICS ARB UNAVOIDABLE UNDER THE PRESENT LAW.

Under the present laws of the United States panics are unavoidable,
indeed absolutely certain, whenever the mutual confidence of the peo­
ple is shaken, no matter what the reasonable or _unreasonable cause.
“ Want of confidence” is the pregnant cause leading to panic, "hnt
of confidence may be due to the shrinkage of the gold reserve in the
United States Treasury; to the shrinkage of the bank reserves ; to the
failure of some great house previously widely known and trusted, as
that of Jay Cooke, in the United States, on Overend, Gurney & Co in
Loudon; to civil revolution, or even to the false_suggestion that
panics are periodic and due every ten years. The whisper, everywhere
current, that we are going to have a panic hypnotizes the public mind
and excites that unreasoning fear which is the base of all panics.
In the last panic of 1893 the confidential whisper went out from
New York that we were going to have a panic, and the writer of this
article, one of thousands, caused the bank of which he was president
to redpce the outstanding loans as much as possible and strengthen
the reserves by every means available. This course of action, pursued
throughout the Union by the hanks generally, enormously increased
' the demand for money, in the same degree diminished the available
supply,. and put the business world in a condition of high nervous
tension.
The banks of New York in 1893 advised their correspondents that the
Sherman purchasing act was diminishing confidence in the high stand­
ing of the American dollar, was taking gold out of the United States,
that until the law was repealed or the agitation was settled they would
Rot be able to extend the accommodations previously afforded to their
correspondent banks. The New York hanks began to limit new loans to
a market which by the force of usage did not anticipate refusal of loans
on good security. The banks began to call in loans whose security was
unquestionable, and on June 7, 1S93, they forced to sudden settlement
a vast sum in “ call loans ” when none of the banks were lending on
time. This was the crowning offense against “ confidence.”^ The want
of “ confidence” that immediately set in among the creditors of the
banks (that is, their depositors) caused them to take from the hanks
a vast sum of. cash, equal to about $960,000,000, during the course
of the events recited, to wit, from March to October, 1893. The banks,
though enormousfy rich, were in great danger of bankruptcy from these
withdrawals. They were compelled to resort to various devices to hold
their creditors at bay. and among other things they stood back to back
for mutual protection and issued clearing-house certificates in New
York and Boston exceeding $52,000,000. These certificates relieved the
great pressure on the available cash and thus practically supplemented
the withdrawal of the currency. Except for this extraordinary act ana
the readiness of other clearing houses to do the same thing universal
suspension might easily have ensued.
DEPOSITS AND CASH.

The hanks of the United States In 1893 owed their depositors in
March, subject to immediate demand or demand on short notice, the
enormous sum of $5,338,000,000, and the total cash they held was
about $533,000,000, which included “ cash items ” in the reports of
the State banks, savings banks, trust companies, and private banks,
W estimate “ cash items ” the same as “ cash.” “ Cash items ’ are
ho
not “ cash,” but checks in transit, and making a reasonable deduction
for such items there could not have been exceeding $1 5 0 ,0 0 0 ,0 0 0 in
cash in all the 9,500 banks in the United States, a sum equal to only
8J per cent of their deposits.
The banks are obliged to have a certain amount of money in their
tills to cash current checks, to make change, etc., which is for
practical purposes as much of a fixture as the desks, books, and
papers of the hank, and which cash is not available for paying their
creditors or making loans. Allowing for “ till money” 3 h per cent,
would leave about 5 per cent of the deposits as the sole reserve against
the demand of the depositors. The like ratio substantially now
exists between deposits and cash that existed in 1893, a ratio which
makes possible (there being no relief provided against panics) a
violent fluctuation in the rate of interest. Money to-day (September
26, 1899) on call in New York is quoted at 20 per cent. It has often
been higher, hut such a rate shows how unstable the condition is and,
moreover, is itself a factor tending to disturb public confidence and
bring about a panic.
Of course the national hanks of the reserve cities are required to
have a reserve not less than 25 per cent of their deposits. The finan­
cial reports frequently speak of this great reserve as a bulwark of
strength. In sober truth nothing could be more deceitful, because this
money regarded as 25 per cent of the deposits is a reserve not only
against the private deposits of the New York banks, but is the actual
reserve against all the deposits of all the correspondent hanks of New
York.
If a run for hoarding should take place among the depositors of the
country banks who hold their reserves in New York, this so-called 25
per cent ” would bo quickly exhausted. This 25 per cent reserve is, in
fact not the reserve of the New York banks only, but it is the reserve
of the thousands of correspondent hanks who keep their surplus money
in New York.
Between March and October of 1893 the depositors of the national
banks drew out over 18 per cent of their deposits. Granting that the
other banks suffered as much (and their average loss was probably
more), the total withdrawal of cash was $960,000,000. Of course the
casli withdrawn in a large degree was again attracted to the banks,
but the striking fact is that a sudden panic, causing a sudden average
withdrawal for hoarding of 8J per cent of the deposits, would- have
bankrupted or suspended all the banks of the United States. 1 he lead­
ing bankers are aware of this relation, and are accordingly tender ana
easily alarmed when conditions arise likely to disturb public confi­
dence,” and this alarm runs through the hanks and the business wot id
like a delicate shock to the nervous system.
_
..
It should not he forgotten that t h e r e is a class o f f i n a n c i e r s who
make fortune by hoarding money and disturbing confidence. In order
to bear stocks and bonds. “ Want of confidence gives their hoarded
funds greater purchasing power and a net gam is made by nnloaam„
again on a higher market when “ confidence
is i e s i o red.
I d s is
continually done on :i small scale, but there is also Prav® reason to
believe it is occasionally done on a vast scale. Certainly strong opera­
tors holding large masses of cash loaned on call or hoarded pioht




NORMAL SUPPLY AND DEMAND.

To comprehend panics and their remedy the question of demand
and supply of currency should be considered. The normal supply of
actual cash in bank in 1893 was about $450,000,000. It is now
probably about $650,000,000, excluding cash items. The normal daily
demand for the payment of current commercial indebtedness amounts
to about twice the actual hard cash in all the banks, or exceeding
$1,000,000,000 each day. The estimate is arrived at as follows: The
clearings of the New York City banks for May were five and one-half
billions. It was equally large for March and April. These clearings
only include the checks held by each bank against its associate banks
in the clearing house, and do not include the internal checks of these
banks which are paid in cash or which transfer credits from one
customer to another.
Estimating the activity of other depositors by the activity of the
depositors in the associated banks of New York (New York banks hav­
ing one-seventh of all the deposits), the total clearings would be seven
times five and one-half billions, or thirty-eight and one-half billions
monthly. If there were any excess in this estimate of external clear­
ings it would be fairly counterbalanced by the vast volume of internal
checks of the New York banks and of over 9,700 banks not in the
clearing house of New York, whose chief business is in internal clear­
ings or unrecorded external clearings, and the same character of busi­
ness of probably exceeding a hundred thousand merchants and com­
mission men and brokers who receive deposits and pay checks, but
whose reserve cash is all in the hanks on deposit. The estimate of
$1 ,0 0 0 ,0 0 0 ,0 0 0 a day in checks is surely well within the actual facts.
No full statistics are available, and this must be a matter only of
conjecture. - Nevertheless the suggested relation is sufficient to demon­
strate that the normal daily demand is very large. One unacquainted
with banking may say, How can a bank stand an issue of checks daily
twice as great as its cash on hand? The answer is simple: These
checks draw no money out of banks, but simply transfer book credits
from one account to another—from A to B, from B to C and from
,
B and C to A, etc.—and usually require only about one dollar out of
twenty in cash.
It Is only when these checks draw out cash for hoarding that they
become dangerous. A hundred thousand in cash drawn out for hoard­
ing may shrink the total deposits $400,000 immediately. For example,
$100,000 drawn out of Sherman, Tex,, banks by frightened depositors
for hoarding may be drawn by these banks from the Dallas reserve
banks, who may draw upon their reserves in the St. Louis banks, who
may draw upon their reserves in the New York reserve banks.
r
The $100,000 thus locked up by Sherman depositors diminishes the
deposits of the New York banks $100,000 in actual cash; of the St.
Louis banks, $100,000 in book-credit cash; of the Dallas banks, $100,000 in book-credit cash ; of the Sherman banks, $100,000 in book-credit
cash; but the St. Louis, Dallas, and Sherman banks each are short
$100,000 in what they call their reserve cash, and the New York banks
are $10 0 ,0 0 0 short in actual cash, and each is disturbed in that degree
and communicates the feeling to others. If the depositors all over the
country are alarmed and the withdrawals for hoarding run into the
millions, then the alarm may become extreme and a panic ensue. The
above exaggerated instance of $400,000 shrinkage in deposits by the
withdrawal of $100,000 in cash is, of course, merely used to illustrate
the principle that actual cash withdrawn seems to withdraw a larger
sum and excites alarm the more. It has its converse view, and it will
he observed that In such an instance $100,000 in cash would settle
$4 0 0 ,0 0 0 of bank debts to depositors.
The normal supply for banking purposes at present is about $650,000 000. This is the total amount which 9,800 national banks, state
hanks private hanks, and loan and trust companies have been able to
secure using all their great influence to gather in all the available
money’ of the communities in which they operate. They have from
fifteen to eighteen million customers; they have all the wholesale and
retail merchants, tradesmen, and shopkeepers of every description.
Everv retailer in the land, supplying every need of the people for food,
clothing furnishing, and articles of trade and industry, diligently
collect every dollar of currency they can from the people and deposit
it in banks continually.
,,
.
, ,
,
The money which remains in the hands of the people Is comparatively
small and what they actually need for pocket money. It assuredly
seems to he very little available as a supply to meet the demand in
liniPis°true :that the Treasury Department reports about $1,700,000,000
in circulation. This venerable fiction has the prestige of past reports
n its favor, but the estimate is certainly erroneous. What banker or
business man in the United States is prepared to believe that the
BeoSe have twice as much currency in their pockets as all of the
banks—national and State, private and savings, trust company and
mercantile world, with nearly every adult person in the United States
on their books, and using all their influence to collect the money of
the United States into the banks—have succeeded in obtaining?
m hnnks of tlie country have probably three-fonrths of all the money ;
hA
certainly two-thirds. The daily checks on the banks are about twice
as great as the cash in the bank, and as great as all the cash in the
country on the very liberal estimate that the banks have only one-half
the cash The error in the estimate of the Treasury Department is due
to the following: They have made no deduction of paper money in
notes large or small, lost or destroyed. It may have been lost by
fire and flood, by accident, by design, by endless casualty. Even large
sums of old bonds, which were of large denominations and which
offered every inducement against carelessness, have disappeared and
remain unpaid. Not only is silver and gold subject to the same ac­
cident and loss as paper money, but large quantities of silver and gold
are used in the industrial arts for an indefinite number of purposes.
The Mint reported, in 1892, having furnished for industrial use $16644,953 in gold and $9,631,746 in silver, a total of $26,276,609 in one
year. And yet the estimate of withdrawal of coin for such purposes
is put at an annual sum of $1,600,000. The English estimate for the
same is put at an average of $7,500,000 for about half as many people
and a people much more economical, for gold alone. There is no
special occasion for persons wanting gold to go to the mints when the *
gold is in circulation and they can get it for industrial use bv takin~
it from the circulation. Of course no record is made of such with*
drawals, and it is difficult to determine what the amount actually is

2452

CONGRESSIONAL RECORD— SENATE.

Eebbuaky 25,

through some months, in times of panic is concentrated to a much
shorter time, so that the demand heavily increases and excites alarm,
and alarm locks up the currency which the banks are obliged to have
in order to carry "on business. The $1,000,000,000 of checks which
serve as a species of currency goes through a violent shrinkage because
they are no longer willingly received, thus having the effect of a further
violent contraction of currency. The exchanges shrunk over 50 per
cent in the panics of 1873 and 1884, and nearly 50 per cent in the panic
of 1893. The factor by which all others become Insignificant in com­
parison, which causes injury and is the soul of the panic, is hoarding.
It is true hoarding springs from alarm, and the excessive demand
springs from alarm, hut alarm and Its excessive demand would soon
abate if there were an abundant supply of money. The shrinkage of
deposits In national banks alone was $128,000,000 from June to Decem­
ber, 1873, $135,000,000 from April to June, 1884, and $378,000,000
from May to October, 1893—less than half the total withdrawals of
deposits by the depositors of all the banks.
It is the absence of money due to hoarding that does the evil, caus­
ing violent disturbance to commercial life and great fluctuation in
prices, ruining substantial houses and putting banks in undeserved
liquidation. The alarm which leads to hoarding is brought about_ by
business men pressing each other too severely, the banks meantime
being quite as guilty as others in pressing the weakest men to settle­
ment and refusing loans on good security. The Bank of England
pursues the exact contrary course, and when Overend, Guerney & Co.
failed they loaned out in one week $50,000,000, to the exhaustion of
its reserve. The Bank of France and the Imperial Bank of Germany
are armed against this situation, and under their laws they can ex­
tend every reasonable accommodation to every solvent debtor. The
banks of the United States have no concert of action and dare not do
so severally, although by unity they might.
It is therefore evident that if the currency withdrawn by hoarding
could be supplemented by special issue of currency based on proper
security, the panic would instantly cease, the alarm would stop, the
artificial demand due to excitement disappear, and the reasonable de­
mands of normal business could be supplied. This is precisely the rem­
edy which the Bank of England evolved out of a series of disastrous
tiT to ta tia 'le a r iy twice' all
the cash the hanks panics, to wit, the right to issue and the actual Issue of legal-tender
notes against securities in her hands in time of panic.
actually have.
is on a low estimate, worth
m W o R ® °The^haalt deposits ate ahont 8 per » 1 . 1 « sum
TU B N O E G A D
B A K F NLN.
The cash in bank is
is about equal to
The Bank of England avoids panics by the following method:
annual expenditure and reve u
kin<r svstem. if the Government
This bank holds the ultimate reserve
all
United
the total i g5 r awdPromj t w a ^m ^ equalboldone year’s revenue, Kingdom. The reserve constitutes theofonly the banks of the reserve
to as to assert that
available cash
were t o ^ T c u l teircu)«.ti0n oney
against $3,500,000,000 in deposits. This reserve amounts to a sum
u n iversal bankruptcy
1
“
enough to afford security to any reasoncurrency which the £ ^ t0 his own conscience that ranging from $130,000,000 to $150,000,000, or about 4 per cent of the
able amount currency wuicn^ people of the United States should deposits net. The Bank of England has a great advantage in having
concentrated in the hand
one concern,
S e T n n^ed foi’1enlarging this currency? The necessity for expand- ail the reservethe force of public opinion)ofof maintainingcharged with
the duty
this reserve
in- the currency is now very generally recognised. It should he re- above the (by
danger point.
mn tne cuu. ^
enlarging the currency will not prevent panics,
First. The instant this reserve begins to diminish by gold export the
fm n-fe nrison that no reasonable expansion will substantially change
England
the rate of
This
to
S e r a tio between deposits and cash, and the danger of violent slirink- Bank of to cause raisesimports, and interest. brings tendsgoldcheck gold
exports,
gold
usually
idle
from the
tb! L Mnk m li bv hoarding of depositors.
continent. If, in ordinary times, gold is not attracted it is usually
"“Remedial legislation should not only expand the currency but the because there is loanable" money on Lombard street content with a
"
menace to the banks of a class of timid depositors who hoard in time lower rate In this event the Bank of England sells consols for cash
F in n ic should be removed, and a means of quick expansion of cur- and buys them back on time, which has the effect of absorbing the loan­
?Lcv which shall be self-contracting should be provided.
“the Comptroller of the Currency estimates (1806) that of business able money on the street and thus making the rate effective in attract.. Aeo/.«nnq six
1 per t was by gold, five-tenths per
Second W
hen local credit is violently disturbed, and for that reason
transactions six-tenths of 3 ^ cent was by currency, and 93.5of 1
attract idle
European bankers,
Seek So that on the estimate of a billion dollars the rate might notborrows gold capital held by did from the Bank the
Bank of England
directly, as it
of
cent wasbanking , ■.
daily of by ch Dusiness $75,000,000 wouldthe ordinary clieckg were France when the Baring liquidation was anticipated
, Jf ha]f be in notes, six millions
Third. The Bank of England when panic threatens lends with great
in gold, and five mill
hanks in one day. But in point of
ffcthnone of tnese tutuis a ■ forinhoarding trunks “ where mothItand freedom to allaslegitimate borrowers, so as to relieve the pressure and
S
is relievo alarm far as possible. For example: When Overend, Gurney
fact none of L^e checks are
=
priV
ate in normal times.
failed
the Bank of England loaned m one day $20,000,000
rusf doth"corrupt‘and^thieves do break through and steal.” But there &Co.in one in 1866.$50,000,000, to the depletion of the cash in the
week
is a dass of timid depositors holding inactive accounts, which con- and
stitu testhe" greatest menace to banks because>when-rumors begin to ^Fourth? W The cash is about exhausted in the banking departmei!
him
flv th e*,? neoole are the first to rush in and draw out ana nodra cur „nd the closing of the bank becomes imminent, the administratfte gov­
?4c?, A d thus they specially precipitate a panic
and ernment of Great Britain has always, through the prime minister, by
offensive is this action, that sensible banks would gladly refuse the letter, advised the Bank of England
issue notes
deposit?of such people. This element is difficult to locate and diagnose, money) against other securities than gold (to which the (.legal-tender
excess issue
and is dangerous to the stability of the banking reserve and therefore was confined by the act of 1844). This was done in 1847, in lSo.,
to the stability of commercial life, and it ought to be withdrawn from and in 1866, with the result that the panic in each case was controlled
the banks and provided for in postal savings banks as it is done in
.stantly.
, ,
almost every civilized country in Europe, l or example, in England,
The method
borrow­
in Germanv, in France, in Holland, In Belgium, in Denmark, in Nor­ ing gold is not of the Bank of England in raising the rate andthat the
adaptable to the United States for the reason
way and Sweden, in Switzerland, in Italy etc this class is provided element of time and distance and absence of concentration are sub­
for by postal savings banks conducted by the Government. Ihe Gov­
stantial barriers to such devices; but the issue of notes against
ernment is the only banker of which this class has no tear.
gy piyin- these depositors in the United States postal savings hanks proper securities can be made easily applicable to the United slates
a bond of low denomination, bearing a low rate and having a term by an act authorizing the United States Treasury to issue Treasury
with abundant time option of redemption to the Government, the United notes against proper security deposited by the banks in times of
States would never be embarrassed by their redemption By making stringency, with adequate provision for retiring such notes when the
these brads issued in small denominations domestic legal tender they panic was over.
would serve as an auxiliary in times of money stringency, and instead
THE BANK OF GERMANY.
of a timid depositor being a source of weakness to the financial and
commercial stability of the country he would become a source of
The Imperial Bank of Germany is substantially a state institution.
StrH w5i be observed from the above remarks that the depositsiof the The state gets all the benefit over aDd above a low rate of interest to
hanks are turned over on an average of once every six da^ and that the stockholders. The bank is controlled and dominated by the uniform
the actual cash is turned over in cash transactions about once m every rate of interest. It has substantially a monopoly in the issue of paper
seven. This appears to be the normal condition.
hw t tn money. It carries in its vaults a large amount of gold and silver,
People put money in hank because they wish to havei it sulB t to
instant demand. They sacrifice the interest of investment in oyder to
—
if
. ■
have ready money. Failure to get it on the instant of need might be -----------------stability*
bank the right to issue currency not only agarnst gold, but also against
ruinous. W
hen public confidence is greatly disturbed andJ£°
begins to shrink the instinct of self-preservation in ail the creaitor the securities held by the Imperial Bank, consisting of bills, due within
class is excited. Nearly every business man is a creditor, and also a ninety days or less, and secured generally by three and at least by two
debtor. As creditor his impulse is to push all bis debtor neignnors, persons known to he solvent. It may issue even in excess of these
and as a debtor he is pushed by all his creditor neighbors, ihe debts limitations by paying a tax to the German Empire of 5 per cent per
paid are normally a billion dollars daily. Settlements are generally annum on such overissue. The result is that a panic In Germany is
between 3 and 4 per
made on an average of thirty days, and the current indebtedness be­ impossible, that the normal rate o ' interest is enterprises and manu­
cent, commercial stability is secured, and their
tween business people will probably reach thirty billions. This money factures are making themselves felt throughout the civilized world.
is needed. In thirty days all could be supplied in the normal exchange
The store of gold held by the Imperial Bank of Germany is protected
of cheeks, but the alarm of panic makes men press each other unduly
in England—
and withhold payment unwisely, and thus the senseless alarm rises to as First By raising the rate.
dangerous proportions and active and ruinous hoarding begins.
Second. By favorable assay to foreign gold, by giving six to eight
Tin normal demand, which in ordinary times is distributed uniformly

bnt it is probably $15,000,000 a year in gold, or $1 5 0 ,0 0 0 ,0 0 0 in ten
yc&rs
Gold and silver are buried by misers; every dollar the Chinese get
is said to be shipped to China, and their total earnings have been large.
Gold and silver are shipped to Europe by multitudes of small persons
for use there, and no account is kept of It except when the shipments
happen to be very large. The large shipments from 18<0 to ib»o maae
an excess export of gold of $618,835,551. The amount of gold.which
American tourists c a r r y over i n their pockets and never briug hac
very considerable, probably amounting to mil lions _
annually, l ms icait
age of our currency has been going on in degree since the foundation oi
our Government, and it must now have reached a vast
because,
with a commercial system developed to a marvelous degree of efficiency,
the total amount of visible money is less than onc-third of ™ees
mated supply. The visible gold and silver m the national banks or
the United States July 14, 1898, was $284,921,337’ of gold, $44,421,601
of silver, or a total of $329,342,938, and the other banks about one
half as much, or $160,000,000—less than $500,000,000 out: oi: $1,302,
000,000 estimated among the people. The estimate of tihe unit a
States Mint—which is extravagant if the ertimte oftbe United Mat
is a sample—puts the world's stock at $4,3o9,600,000 gold (loJ )
$4,268,300,000 silver. this stock is only about twenty ^ars issuc 0f the
, . . .
.
It is manifest that
or tne
mines at their present output. What has become the output of tne
mines of ages past of these treasured “ ^ ta ts? Alexanaer the c^eat
coined gold and silver three hundred years before Christ, ana ronoeu
Persia of over $400,000,000 in gold and silver, and men have been a g
ging gold and silver ever since. Where is it all. ,
frial nrtg. jt
It has been used for ornaments, for com, for the industrial ar
has been reduced to dust by'abrasion; it.has been
^ ^
buried or sunk in the sea, and only about twenty yeanL o^pm remains
in circulation on the most extravagant estimates. All
S ( i
by the great European banks does not exceed $1 5 0 0 ,0 0 0 ,0 0 0 the
silver $500,000,000, about the amount ofchecksdrawm in two




1908.

CONGRESSIONAL RECORD— SENATE.

A p p e n d ix B.
interest days to shippers, and other little devices favoring the shipment of gold to Berlin.
.
[Kansas City Times, July 5, 1899.]
Third. The powerful influence of the hank is exerted on the hankers
of Berlin to prevent their shipping gold, which is generally effective.
PREVENT PERIODIC
FOR EXPANDING
Fourth. While the hank does not refuse to pay gold on demand, per­ TODURING A FINANCIAL PANICS— PLAN ROBERT L. OWEN TUB CURRENCY’
CRISIS----HON.
SUGGESTS THE
sons asking for gold for shipment feel that when the hank says yes
ISSUE OF TREASURY NOTES AGAINST STANDARD SECURITIES IN TIMES
it really means “ no.”
, ,,
,,
......
OF PANIC, BY WHICH THE BANKS WOULD AVOID THE FORCING OF BOR­
t The only features of the German legislation apparently available^ m
ROWERS INTO LIQUIDATION.
the United States is issuing currency against securities and issuing
emergency currency under the penalty of a tax. Either one or wnicn T o t h e E d i t o r o f t h e K a n s a s C i t y T i m e s :
would appear sufficient to protect the United States from panic, and
The panic of 1893 is instructive. At that time, on March 6, 1893
both of which should be adopted.
(see report of Comptroller of Currency, 1893, vol. 1, p. 623), the de­
posits subject to withdrawal on check of 3,806 national banks was
THE BANK OF FRANCE,
$2,235,000,000. On October 3 this deposit had fallen to $1,814,000,000,
a withdrawal of $421,000,000 within a few months. The total amount
of cash which the national banks held on March 6, 1803, was $312,the
000,000, so that they were required to relinquish in deposits over
13,
...
$100,000,000 in cash in excess of what cash they had. This is a re­
markable spectacle. The withdrawal of deposits thus amounted to over
The duty0'of the governor of this hank Is to watch that “ the hank 18 per cent of the total deposit. The total deposit in the United States
performs its duty to the state and toward the commerce and industry at that time, to wit, in 3,806 national banks (p. 646), 3,759 State
of the country.” The hanks of the United States owe a duty to tne banks (p. 623), 1,025 savings banks (p. 605), 904 private banks
State and toward the commerce and industry of the country which t
(p. 606), 224 trust companies (p. 604), amounted to $5,338,000,000 of deposits. The total amount of cash, and this includes all cash
law should enable and require them to perform.
This bank is protected against panic by the authority urnuerthe la
items of the State banks, savings banks, private banks, and trust com­
of 1897 to issue legal-tender notes to the amount of $1 ,0 0 0 ,0 0 0 ,0 0 0 , o panies, whose reports do not separate cash and cash items, was $533,000,000. It should be clearly remembered that cash items are by no
W
hich it has issued $739,000,000.
,,
, . . .
It hoards Its gold and silver not by raising the rate, hut by othe manner of means cash, but only checks in transit, and a very different
devices. First, in case of an exchange unfavorable to France, the Bann thing from money, because in time of panic they are not available.
The deposits more than ten times exceed the amount of actual cash
of France pays out small gold coins which by use are sliB
htiy u a
held by all the banking institutions in the United States. This ratio
weight and therefore not suitable for export. In case
strong
is of extreme significance.
tnand, money brokers buy up full-weight napoleons and sell tnem
We have shown above that exceeding 18 per cent of the deposits of
export, and ultimately the bank feels the withdrawal but It costs some­
the national banks was required of them between March and October
thing to take gold from France in this manner and the method opp
a mechanical obstruction to the withdrawal of gold. Second, ii a re of 1893. The ratio which cash items and clearing-house exchanges
bear to the actual currency is iarge, particularly in the great cities.
quest is made of the Bank of France for a large amount o* “
For example, in the city of Boston (see p. 754), on September 20,
export the request must be submitted to the directors, who imp
1898, the cash items and clearing-house exchanges amounted to $13,charge just at a point which is usually prohibitive. Third,
000,000, while the currency amounted to $24,000,000. These clearing­
need the Bank of France can protect its gold hoard by paying
house exchanges must be regarded as an artificial form of money serv­
5-franc silver pieces as legal tender under the law, and tbl„
s.
ing a valuable purpose and having a brief life individually, but long life
of course abundantly protects the gold held by the bank against oil
collectively.
The clearing-house exchanges and cash Items in New York City on
There is a vast difference between the businessniethods
France
and the business methods of the United States. The French peop y September 20, 1898, including cash items, amounted to $64,000,000,
while the total cash amounted to $152,000,000; the clearing-house ex­
long custom still maintain and do nearly all their ,b!i1 ^ esL c ,nsP! change was an artificial money equal to about 40 per cent of the actual
f
a(,r
and checks are comparatively little used in commercial lif e j nn*
currency they had on hand and served a valuable purpose in the bank­
quence is that the people have acquired and use a very large
ing business and commercial life, yet it is not cash, nor is it available
of currency in gold and silver, including $7 3 9 ,0 0 0 ,0 0 0 in notes o
for the purpose of paying a depositor who calls for his money. When
Bank of France.
,,
f
The Bank of France not being compelled to pay £0 lcl on
. ’ the depositors call for more money than the banks have on hand, as
in
were compelled
[though it does do so for domestic purposes, does not
A bank they did docash1893 in New York, the banksin circulation theto decline
.®
and to insist upon putting
clearing­
Ithe rate of interest to protect its gold. For this reason, while
, » to pay the
house certificates, which they did to the extent of many millions, man­
rate from February, 1889, to October, 1897, was raised by'the
England fifty-three times and by the Imperial Bank of Geimany tw y ufacturing an artificial currency in violation of the laws of the United
six times, it was only raised by the Bank of France once, i
at States and darning the gratitude of the entire country by their illegal
action. It is a singular situation when the laws of the United States
policy of the Bank of France to let the French people have mo y
are in such a condition that the entire commercial world rises up and
the unvarying rate of 3 per cent, believing that stability'ini tne
bestows its blessing on the New York clearing house for violating the
of interest gives stability to commercial enterprise and ,P
r°^?N;s is, a
statutes.
welfare of the “ commerce and industry of the country, wn
In the
of $533,000,000 of cash the Comptroller’s report for
chief duty of the bank.
A the Stateestimatessavings banks, private banks, and trust companies
banks,
r The very large surplus in coin of the Bank of France prevcn :
makes no distinctions between cash and cash Items, consequently they
loss of confidence which leads to panic, and the bank has so hi g .
are necessarily merged in the estimate, of which they constitute twomargin of note issue, with disposition to extend every rcasona
fifths, so that in 1893 there must have been something less than
mand, and France itself has so large a supply of internal currency
$ 5 0 0 ,0 0 0 ,0 0 0 currency or actual cash, including specie, Treasury notes,
circulation, and the banking deposits being relatively small, max
bank notes, and all forms of paper, silver, and gold which may be
is no danger there of panic in times of peace.
^ classed as money.
It is a wonderful thing if it be true, and it is not true, if4he people
THE BANK OF CANADA.
of the United States in 1893 had a total money in circulation of
Even the banks of our nearest neighbor, the dominion of Canada, $1,596,000,000, and all of the banks in the United States combined
have a method which expands and contracts the circH“t,?hfl ,,,.ons 0f had less than one-third of that money. On this theory the people keep
1
twice as much money at their homes as they do In the banks and
as 20 per cent during the three months in each year when the
p
forest and field are moving.
^onltal savings and trust companies. The per capita circulation in 1893 was
Their notes may be issued to the extent of their unimpaire
P
represented to he $23.85, and on this basis the average person should
have had $8 in the hank and $16 in his pocket; every family of five
The notes form a prior lien on the assets and are
0 f should have had $80 at home and $40 in the bank. The commonest
*
per cent guaranty fund. The notes must be redeemed at a j P
observer is aware that this is preposterous; very few people keep money
the Dominion. No reserve is actually required by law, V
tenders at their homes, and the probable average circulation in the western
reserve for redemption has actually averaged in
” nf the country, with which the writer is familiar, of the average dweller in
pnffor some years id per cent about. Under the law ^ 0 per Cent Mine town and village and country would probably not exceed .$5 to the
reserves must be in Dominion legal tenders, which, of course,
household, or $1 per capita. In the city doubtless it is greater, and
of such paper to that extent. There is a double liability of sxot^ even if it should be three times greater it would still leave in the
holders, a special liability of directors, elaborate rogulati ,
hands of the people only an average circulation of $3 per capita. From
printed reports, etc. The striking feature is that in tbe _
iiikiou the reliable reports of tbe Comptroller of the Currency it is manifest
of these banks the guaranty fund of 5 per cent for t
ofFei's a that in 1893 (see page 3G4) the 66,000,000 of people in the United
their notes has never been depleted, and that tkis me
•
States had less than $500,000,000 in banks in cash, or a per capita
method which the United States might safely use for expanding
of less than $7.50—that is, in sight. We are told, however, by the
statistician of the Treasury Department (page 364) that the people
currency.
had at that time $23.85 per capita circulation. This venerable and
THE REMEDY IN THE UNITED STATES.
hoary fiction has the sanction of past reports in its favor. It is based
The remedy for panics in the United S ta tes which suggests BS is • upon the presumption that no coin of the United States in silver or
(elf
gold which has ever been issued was ever used for commercial pur­
First. Established postal savings banks In .which tgja
none of it is supposed ever to
up for gilding
positors with inactive accounts may place their m o n e y , •
te the poses ;jewelry or in the mechanic artshave been melted ever been lost
: none of
has
present by sudden hoarding in times of excitement they
stability or in or flood, at home or on the seas; not aitdollar of the paper
by fire
greatest danger to the stability of banks and therefoie to the stammy
money which has ever been issued has ever been burnt up, has ever
been worn to tatters and not redeemed, has ever been lost or destroyed
1
of Second. deposits, a bond, of long term,po*jf1 liberal option^ ^
their Issue to such depositors in.th® wM liberal option *as'^o by accident or intention.
It is the custom of business houses desiring to keep their affairs
period of redemption by the Government, bearing
make such
issued in small denominations, available f°r. ® 1UL, J’ uecome a source in a healthy condition to take an annual inventory of stock and charge
U
,
bonds legal tender. In this way such deposits would become a souice to profit aud loss that which is injured, impaired, or destroyed, and
of strength instead of weakness.
_. . _ iaailp nvosKiirv if it can not be estimated with precision an intelligent and conservative
Third. Authorize the Treasury of the United S
federal State estimate is made and the deduction made accordingly. The United
States Treasury has never
an estimate to cover this
notes to banks depositing bonds of a
.‘ fi1
()’rou"h!v assured’ ferred to, until the fiction ofmade per capita circulation in theloss re­
the
or municipal, where the standing of suchn^ “dsJ u ih X Secretary of States has become so gross that it deceives no intelligent man United
leaving the determination of their ^am®ter m t
* t tho bankg
W is capable of believing that
ho
3,579 State
the Treasury. In this “ se a c^ y 7 ue am0unt of interest borne banks, 1,025 savings banks, and 9043,806 national banks,trust compa­
h
private banks, 224
Si
^prom redemption and repayment nies, or 9.538 banking institutions, devoting all of their energies to secur
pt
ing the deposits of every available dollar in the community where thev
of the advances.
Robert L. Owen.
do business, and having the absolute confidence of the people every




2454

CONGRESSIONAL RECORD— SENATE.

February 25,

the hanker and
where, should be unable to get exceeding $7.50 per capita, or less than which the timid depositor who rushes onout of his wits. demands his
money shall not frighten that banker
Provide a
one-third of the money in the hands of the people? This statement means by which that hanker can, upon the strength of adequate se­
is perfectly preposterous. The banks and banking institutions or tne curity, obtain a temporary accommodation of money with which to
country have nearly every dollar in the community ‘ they must have meet his frightened depositors. In a time of panic a man can not
,
three-fourths of it all, and there can not be exceeding $10 per caPita
money
for the manifest
in the United States, or if this be deemed an excessive estimate, as­ borrow that it ifIshe puts up gold dollars as collateral is then required.
not security, hut currency, which
suredly they would be credited with having at least one-half, and tms reason
The banker has not the currency to lend, and he can not lend that
leaves $15 per capita. The banks in 1893 had in cash a total of less
matter
the security.
can not
than $500,000,000. They had a total line of deposits exceeding which he has not, nobonds if whatput up $10,000 You $1,000. then bor­
you
for
$5,338,000,000. The people drew out exceeding 18 per cent, or probably row on Government States to protect the commercial life of itsIt is the
duty of the United
citizens
about $960,000,000. There was but one way for the banks to meet tms against this senseless, unreasoning, destructive fear that seizes the
withdrawal. It was to take those who were their weakest borrowers depositor when he has been sufficiently hypnotized by the metropolitan
and earnestly and zealously force them to settlement at a time when tne
banks themselves were not able to accommodate the borrowers at a press with indiscreet suggestions.
An
auxiliary to the remedy proposed would be to establish
time when the borrower who was weakest was compelled to sacri­ postal importantbanks in which the cowardly depositor could place, his
savings
fice Ms property and throw it on the market. He had no escape tram
liquidation. Commercial lives by the thousand were destroyed in the money and in this way remove from the banks that class of depositors
panic of 1893. A shrinkage of values took place throughout the United who are dangerous. The timid depositor is not very likely to be afraid
States; probably 25 per cent would be a reasonable estimate upon tne of the Government, while at times he may become distrustful of,his
total property values in the Union. The property of the Lhited Mate local banker. Such postal savings could by proper means be utilized
estimated at $100,000,000,000, a shrinkage of $2 5 ,0 0 0 ,0 0 0 ,0 0 0 , resulted as a basis for quick expansion of the currency by issuing notes against
threatened
because of a withdrawal of some $900,000,000 of deposits by G deposit­ them or converting them into legal tender in times ofo b e r t L . O wpanic.
ie
R
en.
ors of the United States when they had been sufficiently alarmed by tne
metropolitan press and by the acts of the New York clearing house.
You will remember that the New York clearing house, through its
committee of nine, caused the New York hanks to issue a circular^ to
A p p e n d i x C.
the banks of the South and West, and perhaps elsewhere, advising
them that the agitation of silver was disturbing the
[From The Morning World, January 7, 1903.]
country, and that they would not be able to extend the
previously afforded to the South and West until the Sheiman pur­
WALL STREET— WORST OF GAMBLING rLACES.
chasing act was repealed and confidence restored. i «on£uTuIa!L
considerable effect, which culminated when, in June, 1890, the banks
Governor Hughes in his message recommends the abolition of race­
combined to call all call loans. This action threw on the market
He asks
to
immense blocks of securities, which were necessarily sacrificed, and track gambling. offense, likethe legislature Hismake bookmaking at race
pool selling.
authority for this recom­
which alarmed the whole country extremely. I receding this financial tracks a prison
0 of article
Mate
tragedy the country was full of rumors of impending panic. Con­ mendation is section requires that 1“ of the constitution of the appro­
of New York, which
the legislature shall pass
fidence having been destroyed in this manner, deposits went out with priate laws to prevent” any form of gambling within this State.
a rush. Thousands of boxes in safety-deposit vaults were engaged m
This section
with
which to lock up currency. No way had been pioylded by the Gov­ equal justice. of the constitution should be enforced everywhere _ .
,
„
ernment for expanding the currency to meet a withdrawal of this
Nowhere is its enforcement more needed than in the New
character. The consequence was that the panic, with its enormous Stock Exchange, the Consolidated Stock Exchange, the Cotton York
destruction of commercial life, the shrinkage of property values, and change and on the Broad street curb. Race-track gambling at Ex­
its
the great evils with which the country is familiar necessarily followed. worst is an evil of petty consequences in comparison with Wall street
The nronertv values of the United States on the present gold basis gambling. Race-track gambling injures only those who bet on horses.
may ^ fairly estimated at $ 1 0 0 ,0 0 0 ,0 00 ,0 0 0 . The people of the
United States carry in deposits exceeding 5 per cent of this sum; the Wall street gambling maw menace the legitimate business of the entire
banks of the United States had less than one-half of 1 per cent oi naw°hat other public service could Governor Hughes render comparable
this sum in currency in 1893, and the ratio has not greatly changed with the elimination, segregation, or even restriction of this great evill
Sinite’ perfectly manifest that the currency could he quickly and safely
is
BANKS AS GAMBLING TOOLS.
expanded by issuing Treasury notes against standard securities put
up as collateral with the Treasury of the United States. In this man­
In no other country than the United States are incorporated banks
ner the sudden withdrawal of deposits and the shrinkage of the narrow part of the machinery of stock gambling. In no other country ara
margin of currency available to the banks could be supplemented as
stock
as to require
above stated, without forcing into liquidation at such an unfortunate the methods ofpurpose gamblers such of millions of the constant usa
sole
other
time any borrower. An issue of this kind could he made under proper for thatmoney. In no of hundreds is the Nationaldollars of called
people’s
other country
Treasury
safeguards with a sliding scale of interest against the party drawing unon to turn over the public revenues for the use of members of a stock
Treasury notes on such collateral and the redemption of such securi­ exchange In London, Paris, Berlin, Frankfort, and Amsterdam gamties promptly secured when the Government desired it. These Treas­ biers in stock must use their own money and their own credit as ii
ury notes could be designated as domestic currency, made legal tender,
on a
and their withdrawal left to the option of the Government. There thev were playing at Monte Carlo instead offor thestock exchange,.
This difference in stock-gambling accounts
great fluctuations in
is no doubt whatever that the people of the United States in time the rates of interest in New York as compared with the stability of
of panic would be glad to get such notes; not the slightest fear need European financial centers. In New York call money may be 3 per cent
he entertained that they would be discounted because of the Govern­ one day and 50 per cent the next day, something unknown in Europe.
ment retaining the option of their withdrawal. The withdrawal of
The banking laws and the banking system of
deposits in the panic of 1893 was over in less than six months, and the centrate the fluid capital of the country in Wall the United States con­
street. By
actual currency held by the banks during that period was increased the rate of interest higher than legitimate business can bidding up
above the normal, so that, judging the future by the past, such an gamblers are able to draw from productive industry its pay, stock
means for
issue of notes would not be needed for a period exceeding six months. supplying payrolls, for carrying on manufacturing, for distributing
The frtfct is that when the people know that a good and sufficient goods’ and for moving the crops.
,
. .
.. . ,
means for avoiding a panic has been provided the fear which inspires
To day for instance, the World’s Wall street article bears the head
them, and by which means they are induced to withdraw their deposits, “ Flood of Cash Buoys Stock List.” The money came from every part
will cease and the cause of the panic be removed. No man knowing of the country— from many places where the business need of it is sore.
that there is a means of escape will he alarmed. Fear alone creates
In Great Britain an increase of 1 per cent in the discount rate of
a panic. The ingenious system of drafts and checks and cash items the Bank of England is regarded as a serious fluctuation. For the Bank
and clearing-house exchanges and acceptances make the currency we of France to alter its rate one-half of 1 per cent is a matter of inter­
have exceedingly fluent, so that the people could carry on their com­ national finance. For the Bank of Germany to change a third of last
mercial life without interruption if they were protected from the fear week’s highest rate in Wall street is done only after serious consulta­
of panics. The reason a man withdraws his money from the bank is tion with the Government, with great capitalists, and with business
because he fears that the hank is no longer safe. He hears talk of
panic lie sees in the metropolitan press daily reports about the gold interests.
in the Treasury of the United States going to Europe; that the gold
THE W
ORLD’S BIGGEST GAMBLING HOUSE.
reserve is falling below the danger point; that it is less than $100,000,000 • that it is6 $96,000,000; that it is $92,000,000; that it is $88,Nowhere on the earth does another such gambling institution exist
000 000' that it is $84,000,000; that it is $78,000,000; that the gold as finds shelter in the New Y
’ork Stock Exchange—an unincorporated,
is going away and he infers that our Government is in a tottering irresponsible institution. According to the statistics carefully compiled
condition. Those who desire the Government to issue bonds assist in by James Creelman in Pearson’s Magazine there were s o ld in 1906 o n
alarming the country for the purpose of just fymg the, Executive in the stock exchange 286,418,601 shares of stock of the par value of
his own mind and in the opinion of the people in issuing bonds for $25,000,000,000, besides 665,000 thousand-dollar bonds; on the con­
the purpose of protecting the Federal Treasury. But while they are solidated exchange 136,000,760 shares of stock, besides 21,569,178
doing this t h e v are laving the foundation of a panic, and since it shares of mining stock and 193,884,000 bushels of wheat. This does
takes only 10 per cent of the withdrawal of deposits to consume all of not include curb sales.
the cash the hanks have on hand, it is not difficult to alarm the banks,
These gambling transactions amount to over $30,000.000,000—four
times the value of the products of all the farms of the United States,
and each banker in the country, when sufficiently alarmed,
S
calmly and conscientiously takes his weakest debtor by the tin oat and half the value of all the land and buildings, one-third the census val­
pushes him firmly and judiciously to the wall at a time when he can uation of ail the wealth of every kind in the country.
not possibly borrow from any other bank. It is a very good plan to
Last year there were sold o n the s to c k exchange 4 3 ,3 9 9 .7 1 0 shares
destroy the American citizen at the weakest point and take away nope of Reading, fifteen times the total amount of Reading stock In exist­
and light and life from the class of men who need gentler and fairer ence. Of the Union Pacific, llarriman's road, there were sold 36,751,600
shares, twenty times as much as existed.
Their destruction vigorously reacts upon the body politic and dimin­
Ninety-nine and one-half per cent of these transactions, according
ishes the power and the strength and the glory of our Government. to Thomas W Lawson, are nothing except bets that the price goes
.
up or down. T h e y are a s much gambling as betting on a norse race
Every little captain of industry who is thus strangled has a little com­
pany behind him to whom he gives employment, and the destruction or on the card that comes out of the faro box or on the odd or even
of one man grinds the face of many. It means hard suffering ana fall of the dice.
despair to many an honest fellow who is anxious to work and to do
TH B C E
E U K T-SH P LAW
O
.
his full share in the life of an industrious and active c itiz e n s h ip .
It is the duty of the United States to provide a means by which
Under section 343 of the Penal Code it is a crime for—
periodic panics which shake the American Republic and do it enor­
“Any building * * * to be used for * * * making any
mous injury shall he stopped. They are easy to prevent. The remedy
is perfectly .simple. Provide a means for quickly expanding the cur­ wagers or bets made to depend npon the future price of stocks, bonds,
securities, commodities or property of any description whatever.”
rency when financial fear threatens the country. Provide a means by




1908.

CONGRESSIONAL RECORD— SENATE.

This law was passed to enable the stock exchange to close bucket
shops and thus monopolize gambling in stocks. For this purpose the
jaw is effective, because the bucket shop makes no pretense to actual
delivery of the stocks in which it gambles, while the stock exchange
does. Tiie system of the stock exchange to evade the gambling law
and to utilize for its own purposes the fluid capital of the United
‘"dates is complicated. Were it simple and known to everybody it
'' ouId long since have been abolished.
THEBE BILLIONS OF MONET.

Without banking facilities and credit, productive industry would
he limited to the use of real money as the method of exchange. Busi­
ness would become largely barter, because 95 per cent of the business
°f the country is done with checks. All the gold and silver of the
■w would not suffice to sustain a cash basis. The total amount of
orld
money in the United States, including gold, silver, legal-tender green­
backs and national-bank notes, is only $3,000,000,000, while the exchanges of the New York Clearing-House alone amounted in 190b to
yl03,754,100,091, or thirty times the amount of all the money in the
United States.
, Of this money the United States Treasury holds a little over a third
to cover its goid and silver certificates, as a reserve against its legaltender notes, for the redemption account of national-bank notes and as
a cash balance. Another third is held by the banks and trust companies
as a reserve on their deposits. That leaves less than $1,000,000,000
for circulation.
TH TEEN BILLIO D P SIT
IR
N E O S.

The deposits of banks and trust companies other than private and
national banks amount to $8,000,000,000. Tbe deposits of the 6,62o
national hanks of the United States as reported on December 3 amount
In round figures to $5,000,000,000. All the money in the United
States would not pay one-quarter of these deposits on demand.
TH R S R E
E EE V

SYSTEM.

To protect the depositors and to prevent the undue inflation of credit
the national banking law, of which the State hanking law is sub­
stantially a copy, provides that banks “ must retain a reserve of law­
ful money.” Three cities—New York, Chicago, and St. Louis- aie
made central reserve cities, where banks must keep_ on hand in casn
2° per cent, of the'r deposits. Banks in twenty-eight other reserve
cities must also keep 25 per cent reserve, but only one-half of this neon
bo in cash in their vaults, the other half being allowed to be deposited
m New York, Chicago, or St. Louis banks. In_all other cities and
towns the banks must maintain a reserve of lo per cent, of wmen
they need keep on hand only two-fifths, being allowed to deposit the
other three-fifths in reserve banks.
_ .. ,
.a . W
(jll
. This system drains the reserve money of the United States to \van
street. A commercial bank, charging merchants and manufacturers o
Per cent interest, can not afford to pay interest on deposits in com­
petition with the Wall street banks, which can frequently get •d to ou
v
Per cent on the stock exchange for the use of their deposits, liius
these reserve moneys gravitate to the banks which can afford to pay
high interest on them. This process of drawing the surplus^saT Q of
1 SS
fhe country to Wall street was facilitated by the three great lnsiuanee
companies—the Equitable, Mutual, and New York Life—which col­
lected annually $200,000,000 from their policy holders. This money
they either invested in Wall street securities or deposited in Wall
street banks, making their disbursements by New York drafts and keep­
ing the cash here.
. .. , ..
. _ .
Wall street thus became a great funnel into which the savings of the
People, instead of being available to the local manufacturer or the local
storekeeper, were driven by higher rates of Interest to the stock exThe system of reserves directly invited this. If a national bank in
Altoona or Columbus or Topeka deposited its money in a Wall street
bank it not only received interest but it was allowed to credit what the
New York bank owed it to its legal reserve like real cash. But the debt
of any country bank to a New York bank could not be credited to its
legal reserve. A New York credit was legally cash and a country ciedit
was not
DEPOSITS AND LOANS.

When the recent panic became acute in November the clearing-house
banks reported deposits of over $1 ,0 0 0 ,0 0 0 ,0 0 0 . Uf these deposits one^
half were due to other hanks. Of the loans, which slightly exceeded the
deposits, over half were on stock exchange collateral, inat is, tne
money collected from millions of depositors throughout the country by
their local banks was used as the basis of Wall street credit and was the
teal money in the stock exchange game.
_
There are two general classes of loans. One is commercial paper
that is, discounts on bills of lading, on cotton,
® “s^u^?r
re^
eeipts, goods in manufacture, and the notes which retailers gi\e their
wholesalers and wholesalers give to their “ fP^facturerB. The otl
hmd of loan is what Europe calls a finance bill
collateral loan. It is a loan not on sepa ra b le property, but on I e
of paper which represents an interest in indivisible property.
A share of railroad stock differs from a warehouse receipt
•
butter, cotton, or wheat, in that no bolder of it can demand so
y
vails and ties or locomotives and cars. No holder of bunted _ $
<
.
Steel stock can demand so many tons of steel rads or hon P S <
holder of Standard Oil stock can demand so in^ny barrels of kerosene.
Neither can the holder of any corporate bond
lor «uch
payment of principal and interest when due, and bonds run f o .
long periods that their payment is an asset too slow to be realized on
TtHgG
dIstfnction Is recognized in every other country. The Bank of
France last November declined to make any advances on American
finance bills, while expressing its willingness to loan all the money
that their value would warrant on cotton, wheat, corn, and other
tangible goods in shipment. The Bank of England months ago not only
refused to discount American finance bills itself,
tomers that they must not do so. The Bank of Germany was iorced
several years ago to adopt the same policy.
, t
In tV iyp PriiiTitria iiip discounting of luisncc Dills Is icit t.o priY
w
m
n.ro
bankers who°use their (nvn resources without involving general banking
facilities, W
hich are restricted to the use of commerce, manufacture, and
other business.




2455

COMMERCIAL OR FINANCE.

Instead of the New Y
'ork national banks following this wise policy
of the great European banks by looking after their commercial cus­
tomers rather than seeking for the higher rates of interest which stock
gamblers pay, they have adopted the contrary policy. In ten years
from 1896 to 1906, the New York bank loans on stock exchange collat­
eral increased from $162,361,654 to $442,210,765. The gain in commer­
cial loans was only two-fifths as much, $151,795,029 to $259,340,272.
During the panic weeks bank loans on collateral were actually in­
creased. Banks had the alternative of carrying their stock-gambling
customers or of such a stock exchange crash as would imperil their
own solvency. Therefore some of the banks stopped commercial dis­
counts and cut down the credit of solvent merchants in order to use
all their resources to protect their brokers’ collateral. It will be
recalled that interest rates ran up to 200 per cent one afternoon, and
that only the $25,000,000 which M Morgan secured from the United
r.
States Treasury and dumped at once into the stock exchange pre­
vented the immediate failure of gamblers who had bet that stocks
would go up.
The system of stock gambling in Wall street is different from that
banks increased their total loans over $100,000,000, yet at the same
time they actually reduced tlieir commercial loans.
THE MACHINERY OF GAMBLING.

The system of stock gambling in Wall street is different from that
in any European country. Here every day the broker goes through the
farce of legitimate purchase and sale. After one broker has bought
and another sold, each makes a memorandum and the transaction is
sent out through the ticker everywhere. Then each broker tabulates
his transactions and sends to the stock exchange clearing house a
copy, with a check for the difference between his price and the closing
price. The clearing house sends out notices to the brokers telling
them who is to deliver what shares of stock and to whom.
The next morning every broker who is to receive stocks sends to
his bank and gets certified checks for the sums he is to pay. Part of
the money he had already arranged for through the system of time
and call loans on stock exchange collateral. For the ‘rest his hank
allows him to overdraw his balance, commonly overcertifying therefor.
Then before 2.15 p. m. every broker who is to deliver stocks sends
around the certificates and receives these certified checks. After
2.15 p. m,, and before the banks close, every broker in turn deposits
the certified checks and the stocks which he has received in his hank
to make good the overdraft the bank certified for him in the morning.
HOW IT IS DONE ABROAD.

Without the banks’ assistance this whole system would be destroyed
and the stock gamblers in New York would have to gamble, as do the
stock gamblers in London, Paris, and Frankfort, where this form of
actual delivery in speculative transactions is not gone through with.
Instead, there are fortnightly settlements, where the losers pay and the
winners collect their winnings. Such a thing as a London stockbroker
having the Bank of England or a Paris broker the Bank of France
certify his check in advance and thus furnish the funds for him to
gamble with is unheard of. The European stockbrokers gamble as do
the London race-track bookmakers, who have their regular settlement
day at Tattersalls.
On the London Stock Exchange settlements are made twice a month.
On the Paris Bourse settlements are made once or twice a month. On
the Frankfort Bourse there are semimonthly settlements. On the
Berlin Bourse there are settlements at times fixed by the Government
regulation. If the parties desire to continue the gamble a charge is
made for an extension, but either party can quit the game and cash in
at any time, just as in any other gambling house.
On the Continent these matters are regulated by the government so
that general industry will no more be interfered with by stock gam­
bling than by gambling at cards or dice. The Prussian Government
forbids the short selling of industrial stocks on the Berlin Bourse
Transactions on margins are forbidden except in certain cases between
registered parties. Unless a man registers his name as a stock gamulcr he can refuse to pay his losses. Transactions in futures on agri­
cultural products are prohibited. In Paris, bourse agents are not
allowed to operate on their own account. There is a tax on every
order to buy or sell and on every completed transaction. The French
system is analogous to the taxing, licensing, and regulating of ordinary
gambling houses by the French Government.
The forms which the New York Stock Exchange go through to evade
the New York gambling law are in vogue nowhere else.
GOVERNMENT REGULATION.

The French and German governments treat stock gambling some­
what as race-track gambling is now treated in New York State, where
it is permitted in race-track inclosures and forbidden elsewhere. But
these continental governments go further. They even decide in what
stocks and bonds they will allow gambling.
During the Japanese-Russian war the French Government instructed
the Parisian brokers that no one might sell or offer for sale Russian
bonds without giving their serial number. This prevented short sell­
ing. In Germany similar measures have been taken.
On both the Paris and London exchanges the brokers who do the
buying and selling on the floor are distinct from the brokers who no
business with the customers. The floor brokers do business only for
other brokers, just as an English barrister—that is, the lawyer who
tries the case in court—is not retained by the client, who deals with
an office lawyer called the solicitor.
As a result of this separation of stock gambling from the banking
business of the country the great drop in Russian bonds, hundreds of
millions of dollars of which are owned in France, caused liardlv a rinple on the surface of French trade and manufacture. The great fall
in the market prices of South African gold and diamond mine stocks
at the time of the Boer war did not shut off discounts and banking
facilities to English manufacturers, forwarders, and merchants
°
What other countries have done in segregating and restricting stock
gambling the United States also must do, remembering always that
Wall street also performs a legitimate function in providing canitai
for great enterprises and in affording a market for the actual sale of
secuLities.

2456

CONGRESSIONAL RECORD— SENATE
O E C R IF A IO .
V R E T IC T N

The overcertification of checks is already a crime under the. national
hanking law. Section 176 specifically prohibits the certification ot any
check “ unless the person or company drawing the check has on de­
posit at the time such check is certified the amount of money equal to
the amount certified in such check.”
This of course prohibits certifying a check before 2.1;> p. m. on the
strength of deposits afthr 2.15 p. m Its violation,_however, is difficult
.
to prove, and its evasion is easy by a broker putting in dummy notes
at the time of certification.
STOCK-TRANSFER TAX.

One way to diminish stock gambling is to increase the tax upon it.
Last year one-quarter of the revenue of this State was derived from
the !(!2 tax on every transfer of 100 shares of stock. The enormous
amount of these stock-gambling transactions is shown by the fact that
in spite of gross evasions of payment, over $6 ,0 0 0 ,0 0 0 was collected,
equivalent to 3,000,000 sales of 100-share lots. The ordinary brokers
commission is one-eighth of 1 per cent on the par value, or $12.50
on one hundred $100 shares. A tax of one-sixth of the brokers fee has
had no appreciable effect to diminish the amount of stock gambling.
Through the clearing-house system the floor traders escape this tax on
many of their gambles by clearing stock and not delivering it.
This tax could be greatly increased. A tax of one-haif of 1 per
cent on all gambling 'transactions in stocks, grain, and cotton would
pay all the State taxes, all the taxes of New York City, and all the
taxes of every county, city, and town in the State.
ABOLISH STOCK GAMBLING.

To segregate stock gambling, as is done in Europe, and to make both
unprofitable and illegal the use of other people's money by Wall street
gamblers without the consent of the real owner, three short, simple
changes iu the State and national banking laws would suffice.
First. Require every bank to keep its legal reserve in the form of
legal-tender money in its own vaults, instead of as bank credits in Wall
street This would retain in the hanks of the manufacturing and

F ebruary 25,

agricultural sections of the country the real money necessary for wages
and for moving the crops.
Second. Prohibit the payment of interest cn demand deposits. A
demand deposit is the correlative to a call loan, which is a Wall street
gambling device. Commercial hanks can not afford to pay interest on
demand deposits. The stock-exchange banks can and do. Bv pro­
hibiting any bank from paying interest except on time deposits the
Wail street hanks will be made unable to divert accounts which prop­
erly belong to commercial hanks.
Third. Divide all check account hanks into two classes_commercial
and finance; that is. banks of discount and deposit, which make loans
only for the facilitation of trade, commerce, and manufacture, and
finance hanks, which loan for speculative purposes on promotions’ syn­
dicate allotments, stock-exchange collateral and the like. Then restrict
remedy is national. These amendments to the banking laws
would cut off the main source of suply by which the Wall street gam­
blers are enabled to risk other people's money.
But it is imperative to consider whether this gambling can not he
entirely stopped Certainly the State of New York can greatlv restrict
it by its Power of taxation, which is the power to prohibit. The stocktransfer tax should be greatly increased. I.ike the excise tax the re­
ceipts should he divided between the city and the State
A tax of one-half of 1 per cent on ail the transactions anpearin"- on
the clearing-house sheets of the respective exchanges would be a trifling
imposition on legitimate purchases and sales and vet would raise on tile
basis of last year s transactions an amount more than sufficient to pay
all the expenses of the city of New York and the State governmen and
of rebuilding the Erie Canal.
auu
Such a tax would be less than the real estate broker’s ordinary fee
and the legitimate transfer of real estate is in no way interferred with
thereby. It would be exactly the same per cent as the real estate
mortgage tax, which has facilitated loaning upon real estate and
added to the market-ability of real estate mortgages
* Jnd
How much more important is it that Governor' Hughes should rid
legitimate business of the dominating evil of Wall street gamblin''than
that mere race-track hotting be suppressed.
gumming ttmn

A tpen dix D .
F eb ru a ry

2 , 10 — I n c o m e
0 S8

v a lu e s a n d Q u ota tion r e c o r d o f a c tiv e r a ilr o a d a n d in d u s tr ia l c o r p o r a t io n b o n d s — T h e s ta n d a r d w e e k ly list m a rk et v a lu e s n i'h a n d s
w ith t h e ir in c o m e v a lu e a n d y ie ld .
> y
-

*nst«»«*r

[This list, together with “income values and quotation record ” stocks, is a C c^ ng£(jrd of Quotations of the leading securities dealt in on the New York Stock
0^P1 1
e
[This list contains all ol the bonds reported on the regular daily New York Stock Exchange lists. Prices include interest to date of sale. Prices ex-intorest arc ms
tinguished by an X. Under income will be found the annual return of the investment, irrespective of maturity. Under yield is iriven ti c sonr frim .n.
return if held till maturity.]
8
c approximate annual
[9Legal for investment for savings banks. New York State. * In bid and offered column means amounts less than $10,000.]
Jan. 1,1906, to date.
Title of bond, rate.

Alabama Cent R 1st g 6s.................................
Alabama M
idland 1st gtd g 5s.........................
°Alb A Sus env cou 40 yr gtd g 3}s...................
do registered.........................................
Allegh Valley gen gtd g 4s...............................
Allegheny &Westn 1st g 4s.............................
Ann Arbor 1st g 4s........................................
°Atch Top A Santa Fe Ry gen g 4s...................
do registered........... ..............................
do adjustment g 4s..................................
do
do registered............. ...............
do
do stamped...............................
do
do registered..............................
do fifty-year conv g 4s.............................
do
do registered..............................
do 10-year conv os..................................
do
do registered..............................
do serial debenture 4s series G..................
do do registered..........................
do
do series II......................................
do
do do registered..........................
do
do do series I..............................
do
do do registered................. -......
do
do series J.
do
do do registered.............................
do
do do series K................................
do
do do registered.............................
do
do series L.......... ..............................
do
do do registered.............................
do
do Eastn Oklah Div 1st g 4s...........................
do
do registered......................................
°Atch T &S F RR C A St L 1st 6s.......................
hic
Atlanta-Birminglmm 30-yr 1st g 4s..........................
Atlanta Knoxv &Nor R 1st g 5s.......................... .
Atlantic City 1st con gtd g 4s.................................
Atlantic Coast Line R R C 1st g 4s.........................
o
do registered.......*
.........................................
Atlantic A Danville 1st g 4s....................................
do 2nd mtge...............................................
Atlantic &Yadkin 1st gtd g 4s................................
Austin &Northwn 1st gtd g 5s................................
Baltimore &O prior lien g 3]s.
hio
do registered.......................
do g 4s.................................
do do registered.................
do Southwestern div 1st g 3]s...
do do registered.......... !__
Battle C&Sturgis 1st gtd g 3s.




Interest dates, In ­ Yield.
maturity.* come.

1018J A J*... .1 5.31
1928 MA N*.
1946*A &O..
3.81
1942*M A S . .
4.10
4.12
1928 A A O *.
4.01
1995 Q J a n ...
4.11
1995 A A O*.
4.05
.... A & O*.
4.66
1995 N o v -----4.76
___ N o v _____
... . M A N ..
4.69
___ M & N . .
4.41
4.70
1955*J A D .. .
4.67
. . . . * ! A D ...
5.24
1917*J A D .. .
, . . . * J A D .. .
4.11
1909*F A A . .
___ *F A A . .
4.18
1910*F A A . .

4.61
3.93
4.12
4.13
4.03
4.12
4.05
4.67
4.77
4.70
4.41
4.80
47
. 7
5.62
5.94
55
, 6

___ *F A A . .
1911*F A A . .
___ *F A A - 1912*F A A . .

__*F A A..

1913*F A A . .
___ *F A A . .
1914*F A A . .
___ *F A A . .
1928*M A S . .
*M A S . .
1915 M A S . .
1933 M A S . .
1946 J A D *..
1951 J A J ----1952 M A S . .
.... M A S . .
1948 J A J* . .
1948 J A J * ..
1949*A A O . .
1941 J A J * -.
1925 J A J * ..
. . . Q J a n ...
i948 A A 0 . .

.... Q Jan*..

1925 J A J . -.
___ Q J a n ...
1989 J A D *..

Highest.
Quo­
ta­
tion.

Date.

Last sale.

Feb. 19, 1908.

Date.

Bid. Asked,

Lowest.
IQuotaItion.

113 Jan. 4,1906
ii8§! Nov. 22, i906
99 June 21,1907
1034 Feb. 6,1907
99 Jan. 19,1906
1 4 Jan. 29,1906
0 .]
103] Jan. 23,1906
97§ .....do.........
86 Apr. 30,1907
97 Jan. 19.1906
02 Feb. 16,1907
110] Sept. 10,1906
108] Sept. 14,1906
102 Sept. 21,1907
100] Jan. 19,1906
Dec. 4,1906

9 Nov. 30,1906 ;
4

Date.

113 Jan. 4,1906
..................
84 Oct. 26,1907
99 i June 21.1907
98]I Dec. 16.1907
72 | Nov. 12.1907
89]
j Nov.
18.1907
90]
i Nov.
14.1907
77] Nov. 4,1907
86 j Apr. 30.1907
77 | O 25.1907
ct.
89 | D 11.1906
ec.
80 , Nov. 21.1907
86 : D 30.1907
ec.
89 j Nov. 21.1907
98* M 29,1907
ay
96 Feb. i8,1907

4.30

5.38

4.35

4.59 1 D Jan, 9,1906 1 91 Apr. 3, i907
0,

4,57
4.33
4. 6
1
4. 1
0
4.24
44
. 4
4.60
3.91
3.92
4.08
4.19
4.07
3.51

4.85 | 97 Feb. 24,1906
4.20 116 June 6,1906
4.80 I 102] Jan. 9,1906
4.11 ' 9 1 Oct. 2,1906
8
4.30 96} Apr. 12,1906
4.54 92 June 14,1906
4,49 110 Feb. 9,1906
4.37 I 971 June 7,1906
ay
4.41 i 95 M 31,1906
4.10 105] Jan. 26,1906
4.23 1 ..... do........
031
4,65 : 93 June 4,1906
3.51 ! 89 Oct. 12,1906

Nov. 30, i906

88 | Aug. 17,1906
116 | June 6,1906
82 : Nov, 27,1907
98 I Oct. 2,1906
96 June 1,1906
92 j June 14,1906
109], Feb. 19,1906
85] Nov. 26,1907
O 5,1907
ct.
Oct. 30,1907
94 Sept. 12,1907
80 Nov. 25,1907
88] Oct. 9,1906

Quo­
ta­
tion.

113 Jan. 4.1906
11 § Nov. 14,1905 *101]
4
93 Feb. 17,1908
99 l June 21.1907 *94 ........
98], Dec. 16.1907
80} Feb. 10.1908
80
98} Feb. 19.1908 ” *98] 99
100 Jan. 28,11)08
86 Feb, 15.1908
*87
86 Aug. 13.1907
86 Feb. 19.1908
92 Feb. 16.1907
86 Feb, 19.1908
86
87
k Dec. 30.1907
6
961 Feb. 19.1908 96
96]
:i.........
98| M 29,1907
ay
96 Feb. 18,1907
98] Nov. 23,1904
94 Nov. 30,1906
92|Nov."i6,i902
93 May 2i,i907

*87 j.

89 Jan. i7,1907
116 July 27,1906 *ioi’ ’
801 Fob. 17,1908 *85] 86]
98 ; Oct. 2,1906
96 June 1,1906
92 June 14,1906
109] Feb. 19,1906
90 Feb. 19,1908 90
90}
891 Jan. 22,1908
*91
100} Feb. 19,1908 *99
95] Oct. 19,1907
86] Feb. 19,1908
*88
89 Oct. 12,1906 1
*82

2457

CONGRESSIONAL RECORD— SENATE.

1908.

F e b r u a r y SO, ISOS— In com e values and quotation record o f active railroad and industrial corporation bonds, etc..—

Continued.

Jan. 1,1906, to date.
Title of bond, rate.

Seech Creek 1st gtd 4s..................
do
do registered..............
do 2d gtd g 5s............... .......
do
do registered..............
Beech Creek Ext 1st gtd g 3*s........
do registered........................
Belleville A Carondelet 1st 6s..........
°Belvedere Delaw con gtd 3}s.........
Boston &New York Air Line 1st 4s.
do registered........................
Brooklyn A Montk 1st g gtd (in
.......
do 1st 5b.... ..........................
Brunswick &W
estern 1st gtd g 4s...
Buffalo N Y &Erie 1st 7s..............
^Buffalo Rochester A Pitts gen g 5s.
Buffalo A Southwng 6s................
do small..............................
Buff A Suscj R R 1st refunding g 4s..
do registered........................
Bur CR A N con 1st A coll trst g 5s.
do do registered................
°Cairo Bridge g 4s........................
do registered........................
Canada Southern 2d 5s..................
do do registered................
Carbondale A Sliawtn 1st g 4s.........
Carolina Central 1st con g 4s..........
do do Coupon off. -...........
Carthage A Adiron 1st gtd g 4s............
C Rap la FIs &Nw 1st gtd g 5s........
ed
Central Branch Ry 1st gtd g 4s............
Central Branch Union Pac 1st g 4s.......
Central of Georgia Ry 1st g 5s.............
do registered $1,000and $5,000.......
con g 5s................................
do registered $1,000 &55,000.
1st pref ineg 5s......................
do stamped.....................
2d pref inc g5s......................
Central Trust C C of Dep...,
o -tfs
2d pref inc g .5 stamped.......... .
s
Centl Tr C Ctfs of Dep stpd__
o
3d pref inc g 5s........................
M
anhtn Trust C Ctfs of Dep__
o
3d pref inc g 5s stamped.
lihtn Tr C Ctfs of Dep stpd.
o
Chattnga div pur my g 4s.....
M
acon &Nor div 1st g 5s_
_
M
iddle G &Atlantic div 5s..
a
M
obile div 1st g 5s.
°Central of Now Jersey gen g 5s.
do do registered..........
Central Ohio Reorg 1st con g 4*s............
Cenl'l Pac 1st refundg gtd g 4s...............
do registered............................
do rntge g 3*s...............................
do do registered.......................
do Through S L 1st gtd g 4s...........
do do registered.......................
Cent R R A Bkg C of G col g 5s..........
o
a
Central Vermont 1st mtg gtd g 4s...........
Charleston &Savannah 1st g 7s.............
Chesapeake A O g 6s series A.............
hio
do g 6s........................................
do 1st con g 5s..............................
do do registered................. ......
do geng4*s.................................
do do registered.......................
do R &A div 1st con g 4s...............
do do 2d con g 4s......................
°Chic &Alton R R refdg g 3s.................
do do registered.......................
C &Alton Ry 1st lien g 3*s................
hic
do registered........ .......................
°Chic Bur & QDenver div 4s.................
°do Illinois div 3|s.........................
do do registered.......................
°do Illinois div g 4s........................
do do registered.......................
°do Iowa div sinkg fd 5s..................
°do Iowa div sinlcg fd 4s..................
°do Nebraska Extension 4s..............
do do registered.......................
do Southwestern div 4s..................
do coll 4s joint bonds.....................
do do registered.......................
do debenture 5s............................
C &East 114%ref &imp g...............
hic
1
do registered................................
°Chic &East 111st con g 6s..................
1
® gen con 1st 5s...........................
do
do do registered........................
Chicago &Erie 1st g 5s.........................
C A Indiana Coal Ry 1st 5s................
hic
C Ind A Louisv refundg g 6s..............
hic
do refunding g 5s..........................
C M &St Paul ter g 5s....................
hic il
°do gen g 4s series A.......................
do do registered.......................
°do gen g 3*s series B......................
do do registered.......................




Interest dates, In­ Yield.
maturity.* come.
Quo­
ta­
tion.
1936 J A J*...
.... J & J*..
1936 J &J*..
.... J A J*..
1951 A &O..
.... A it O..
1923*J A D..
1943 J &J...
1955 F A A*.
.... F &A*.
1911*MA S...
1911*M&S...
193S J &J...
A
1916*J A D..
1937 M&S*.
1908 J AJ*. __JAJ*..
1951 J it J...
.... J &J...
1934*A &O..
__*A St O..
1950 J St D*..
.... J & D * . .
1913*MA S...
__*M&S..
1932*M&S...
1949*J &J...
1981 J it D*.
1 A it O
921
*.
1919*F A A..
194S*J it D...
1945 F &A..
.... F & A..
1945 M&N*.
.... MSt N*.
1945 Oct 1...
1945 Oct 1.

4.09

4,13

Date.

105J Feb. 20,1906

Last sale.

Feb. 19,1908.

Lowest.
Quo­
ta­
tion.

Date,

98* July 24,1907

Quo­
ta­
tion.

Date.

98* July 24,1907
104 Dec. 13,1905

122

Bid. Asked.

106

Dec. 9,1905 *105

100
6.03 6.16 103J July 5,1906 99} Sept. 24,1907 99* Sept. 24,1907 98} .
ar.
ar.
4.06 4.10 99i. M 30,1906 99*! M 30,1906 99* M 30,1906 *902
ar.
22*j
6.24 5.28 1 Feb. 26,1906 113 Jan. 7,1908 113 Jan. 7,1908 112;
ay
4.45 4.27 119} July 10,1906 112 Apr. 2,1907 113* M 17,1907 *110*
5.77 4.34 101| Feb. 16,1906 1041 Feb. 16,1906 1045 Feb. 16,1906 100;
Apr. 16,1907 91 Feb. 6,1908
4.42 4.50 99* Jan. 4,1906
119i Feb. 23,1906 103* Dec. 5,1907 111 Feb. 13,1908 *110
4.59 4.4i
113
1201 M 16,1903
ar.
105 Aug. 28,1906 1022 Jan. 15,1907 102| Jan. 15,1907
3.91
5.06 5.24 108} Jan. 18,1906 95} Nov. 27,1907 101 Feb. 10,1908
ay
5.03 5.07 1052 Jan. 3,1906 1002 M 22,1907 loo* Oct. 23,1907
ar.
ar.
ar.
4.13 4.20 97 M 13,1907 97 M 13,1907 97 M 19,1907
ar.
ar.
ar
4.19 4.23 97 M 23,1906 96* M 24,1906 96* M 24,1906
4.72 5.83
4.79 4.94
5.02 5.02
5.10 5.12
4.48 4.39
8.28
5.88 6.01
11.75
8.00

1945 Oct 1.
1951*J AD...
1946*1 &J...
1947*J &J...
1946*J St J...
1987 J it J * . .
— QJ......
1930 MA S * .
1949 F St A*.
__F & A*.
1929 J. A D..
.... J AD...
1954*A &O..
.... A it O..
1937*MAN..
1920 QF--1 3 * AJ...
9 GJ
1908 A A O..
1911 A AO..
1939*MAN..
....♦MAN..
1992*MAS..
__*MAS..
1989*1 A J...
19S9*J A J...
1949 A A O
*.
.... A A O..
1950 J A J*--.
1950 J A J*...
1922*F A A...
1949 J A J*...
.... J A J*...
1949 J A J*...
.... J A J....
1199 A A O*..
1919 A A O*..
1927*MAN...
__*MAN...
1921 MAS*..
1921 J A J*...
__QJan...
1913*MAN...
1055 J A J*...
.... J A J....
1934 A AO*..
1937 MA N*..
.... MA N*..
1982*MAN...
1936*J AJ....
1947 J A J*...
1947 J AJ*...
1914 J AJ*...
1989 J AJ....
__QJan...
1989 J AJ....
__ QJan...

Highest.

4.49
5.00
4.86
4.12
4.17
4.18
4.36
4.26
4.C
2
5.05
4.56

4.59
5.00
4.84
4.09
4.16
4.22
4.43
4.86
4.72
5.07
5.30

6.00

6.00

5.94
4.61
4.96
4.57
4.34
4.26
5.15
3.90
3-91
5.74
4.12
3.94
3.92
4.04
4.13
4.78
4.12
4.04
3.97
4.47
4.24
4.26
5.03
4.41
5-29
4.52
4.33
4.56
4.57
5.13
4.83
5.03
3.90
4.01
3.95

5.69
4.49
4.95
4 .5 7
4.37
4.26
5.18
4.16
4.18
6.07
4.28
4.06
4.03
4.02
4.16
4.50
4.32
4.07
3.95
5.08
4.58
4.60
5.11
4.47
5.07
4.37
43
.1
4.54
4.41
5.00
4.80
5.09
3.90
4.01
3.98

99 Jan. 18,1906
ar.
95 M 20,1906
121 Jan. 16,1906
1141 Jan. 19,1906
113 Apr. 17,1906
99 M 28,1906
ar.
99 M 29,1906
ar.
93 Apr. 2,1906
92 Apr. 4,1906
91 M 20,1906
ar.
Apr. 2,1906
94* Apr. 25,1906
100* Feb. 11,1908
105 Dec. 6,1907
132 Jan. 15,1906
131* Jan. 10,1906
102| Jan. 11,1906
99 Jan. 26,1907
89 Feb. 14,1906
991 Feb. 9,1906
108 Jan. 16,1907
89* Feb. 6,1907
106* Feb. 6.1906
ar. 6.1906
110* M
119* Feb. 17.1906
116 June 6.1906
109 Feb. 14.1906
pr.
105 A 12.1906
103 Nov. 5.1906
97* Dec. 7.1906
82* Jan. 8.1906
78 Feb. 27,1907
82 Feb. 1.1906
102} July 19.1906
95* Jan. 3.1906
90 Sept. 17.1906
106* Feb. 15.1906
9-r Oct. 22.1907
8
100 M 29.1907
ay
ar.
1022 M 24.1906
107 Feb. 15.1906
104J M 8,1906
ay
100 July 28.1906
101J Jan. 10.1906
101* Jan. 19.1906
107 Jan. 18.1906
9 2 M 9.1906
6 ar.
139 Jan. 25.1906
120 Apr. 7.1906
118} Feb. 26.1906
122 * Feb. 7.1906
1 8 Feb. 6.1906
1*
ar.
137 M 20.1906
114} June 14.1906
108} Jan. 31.1906
111 June 28.1906
104* O 25.1906
ct.
9 Jan. 15.1906
7

85 Feb. 17,1908
74 Dec. 7.1907
no M 18,1907
ar.
85 Nov. 22,1907
113 Apr. 17.1906
58 Oct. 30,1907
85 Apr. 9,1907
44 Dec. 14,1907
44 Jan. 7 ,1908
27 Feb. 6,1908
30 Feb. 11,1908
872 Dec. 11.1907
100} Feb. 11.1908
105 Dee. 6,1907
113 Nov. 18.1907
Ill Nov. 29.1907
m Nov. 25.1907
9 ] June 13.1907
3
75 Nov. 22.1907
88 Feb. 8,1908
Oct. 11,1907
Apr. 15,1907
Oct. 5.1907
102 Oct. 3.1907
101 Nov. 7.1907
101* Dec. 3.1907
87 Nov. 23,1907
104 M 13.1906
ay
91* Jan. 2.1908
90' June 28.1907
58 Oct. 30.1907
78 Feb. 27.1907
55 Nov. 2,1907
96j Oct. 3.1907
8 1 Nov. 14,1907
2
90 Sept. 17.1906
95 Nov. 4.1907
9 * Oct. 22.1907
8
104 Apr. 9.1907
96 Nov. 7.1907
94 Dec. 4.1907
101} Dec. 17.1906
90 O 12.1907
ct8 ; Nov. 4.1907
2
82i Oct. 26.1907
94' Nov. 12.1907
92 Oct. 17,1906
Dec. 20.1907
Nov. 18.1907
Feb. 26.1906
Nov. 15.1907
Oct. 3,1907
Jan. 17.1908
Oct. 22.1907
Oct. 17.1907
Nov. 23.1907
Oct. 18.1907
Nov. 13.1907

Nov. 20,1905 *103
Feb. 17,1908 *84* *85}
Jan. 21,1908
M 20,1907 *108 *112
ar.
Feb. 19,1908 99* *99}
Apr. 17,1906
Feb. 5,1908
M 11,1907
ay
Jan. 16,1908
*46
Jan. 7,1908
*42
Feb. 6,1908 27 *28
Feb. 11,1908 27 *32*
90
Feb. 4,1908
* 102*
1 0 Feb. 11.1908
0*
1101 Sept. 5,1905
105 Dec. 6,1907
121}
*22}
122 Feb. 15.1908
120J Feb. 13.1908 120} 121
A p r. 25,1905
*92}
100
96 Feb. 18.1908 94}
94 Dec. 28.1907
83 Feb. 17.1908 *83} *85
88 Feb. 8,1908
100 Jan. 13,1908
*96
M 11,1907
ay
102 Feb. 1,1908 101J
103 Feb. 7,1908 *103 104}
110 Feb. 18,1908
111
101* Dec. 3,1006
100* Feb. 19,1908 100
*101
1 4 Jan. 15,1907 (x)
0}
94* Feb. 13,1908 94 " 96'
92 Feb. 3,1908 87*
78 ..... do........ *70
76
78 Feb. 27,1907
"* 6
i'
61* Feb. 19,1908
ay
80} M 4,1905
97 Feb. 8,1908 97*
89 Feb. 18,1908
*90
90 Sept. 17,1906
100 Feb. 19,1908
'99* ’*io6‘
98* Oct. 22,1907
106 Jan. 7,1908
98* Feb. 14,1908
98j *101
100} Feb. 8,1908
101} Dee. 17,1906
97
90 Oct. 12,1907 88
94} Feb. 19,1908 94} "'3ii
94} Feb. 14,1908
101 Feb. 17 1903 *101
92 Apr. 27 1907 81* ’'*92*
115 Dec. 20.1907 119}
112 Feb. 15,1903
118* Feb. 26.1906
111 Jan. 24.1908 *111
1 Jan. 14.1908
093
117* Jan. 17.1908 118 *120
cc.
105 O 23.1907 103
101 Oct. 17.1907 104
103 Feb. 18.1908
100 Oct. 18,1907
Feb. 6,1908 87}
111

85
84}
116
99*
113
62
88
4
4
44
27
30

°Chic M C &Lake Sup div g 5s
il hic
°do Chic A M River div 5s
o
°do Chic A Pac div 6s
°dO HAD div 1st 7s
°do do 1st 5s
°do I &D ext 1st 7s
°do M
ineral Point div 5
S
°do Southern M div 1st 6s
inn
1921 J A J*...
1915 QFeb*..
1926 FA A 15*
1987 MA N*..
do registered......................................
1929 A A O*..
A O*..
do r e g i s t e r e d ic7q .... A A O*..
_
sinking fund .........................................1 ^ 1929 A A O*..
.... A
do registered--- -*......•••••
1909 MA N*..
.... MA N*..
1921*A A 0 15.
registered.
1933*M&N....
do sinking fund deben 5s-------__*M&N.
do do registered................. ■
1921*J &J..
°Chic &Pac W 1st g 5s.............
n
1917 J &J*....
"C Rock Island A Pac. R R mtg 63hic
.... J &J*....
do do registered............. --1988*J &J..
"C Rock Island &Pae Ry gen g 4s.
hic
__*J &J..
do do registered.................
1934*A & O__
°do refunding g 4s....................
---- A A 0 ....
do
do registered..............
do coll trust serial 4s—
1908 MA N....
do do do F.
1909 M&N....
do do do G.
1910*M&N__
do do do H.
1911 M&N....
do do do 1..
1912*M&N....
do do do J..
1913 M4 N....
..
do do K
do
1914 M4 N....
do do do L.
1915*M&N....
do M.
do do
1916*M4 N....
do do do N.
1917*M4 N....
do do do O.
191S 4 N....
*M
do do do P
2002 M4 N*...
C Rock Island A Pae R R 4s...................
hic
__ M4 N*...
do
do registered..........................
1^ MAS*...
13
do coll trust g 5s........................*---1 5 *J 4 D 15..
91
Chicago St L &New O
rleans g 5s.................
__*J A D 15..
do registered.....................................
195FJ4 D 15..
do
....... ...............................""
__*J4D 15..
do registered..........................
do
1951 J 4 D*....
em
do M phis div 1st g 4s.....................
.... J 4 D ....
do registered..........................
do
1932 A A O*...
Chic St L A Pitts 1 st eon g 5s.....................
.... A &O*...
do registered.....................................
1930*J 4 L ....
“C St PI M &O con 6s.....................
hic
inn m
1930*J 4 D--“do con 6s reduced to 3$s......................
1918*M4 N....
“
Chicago St Paul &M 1st g C
in
s...................
1932 QM...
C & W Indiana gen g 6s....................
hic
estn
1952 J &J*---.
do con 50-yr 4s..................................
1921 J 4 D
*.
Chie AWest M
ichigan Ry 5s.......................
1919 J 4 J..
Choc Oklahom &G gen g 5s....................
a
if
1952*M4 N....
do con g 5s........................................
1941*M4 N...
Cin Day A Ironton 1st gtd g 5s...................
1923 MAN*..
Cin Finlay &Ft W1 st gtd g 4s...................
1937 J 4 J*...
Cin Ham A Day 2d g 4$s.... .......................
1920*M4 N...
°Cin Ind St Louis &C con 6s..................
hic
1936 QF......
°do 1st g 4s....................... ................
.... QF......
do do registered...............................
1953*J 4 J__
C Ind A W 1st &ref gtd g 4s..................
in
n
1942 MAN...
C Leb A Nor 1st con gtd g 4s....................
in
192S 4 J....
*J
C San ACleve con 1st g 5s........................
in
1943*J &,1....
Clearfield A M
ahoning 1st gtd g 5s...............
1 1 * 4 D....
9 4 .J
•Clev CCA Ind con ..................................
1914*1 4 1)....
do con sinking fund 7s........................
1934*J 4 J__
“do gen con g 6s..................................
. .. *J &J....
do do registered...............................
1093*J 4 D....
•Clev C C A St L gen g 4s.....................
in hic
1939*J 4 J__
do Cairo div 1st g ..............................
199 *J4 J__
1.
in ab
ich
do C W &M div 1st g 4s............
1990 M4 N*..,
St Louis div 1st coll trust g 4s.........
do
....M 4 N*....
do registered........................
do
1940 M4 S*....
ol
do Springfield &C div 1st g 4s...........
1940 J &J*....
hite
°do W WVal div 1st g 4s................
1933 A 4 O*...
Clev Lorain AW con 1st g 5s.................
heel
103S 4 J....
*J
Clev A M
ahoning Valley g 5s.......................
..... QJ.........
do registered.....................................
1937*M4 N...
Cleve A M
arietta 1st gtd g 4$s.....................
l',P 4 J__
2*J
•Cleve &Pitt gen gtd g 4$s ser A.................
1-3 A &O*..
92
“
do
do series B..............................
•do
do do int redu to 3$%
.............
1948 M4 N*..
°do do 3$s series C..........................
1950 F 4 A * ..
°do do 3A series D.........................
s
1947 J 4 J*...
Colorado M
idland Ry 1st g 4s........... ..........
J928*F 4 A . . .
Colorado A Southern 1st g 4s......................
1935*M A N . . .
do ref Aextended mtge 44a..................
*MAN...
do
do registered........... .............
1916*1 A J....
Colum &G
reenville 1st g O
s........................
1922MA .T
__
Col Conn &Ter 1st gtd g 5s........................
1948 A 4 ()*..
C 4 Hocking Valley 1st ext g 4s................
ol
1955 F 4 A *..
Colum &Tol R R C 1st rntge ext 4s...........
o
1943*A 4 0 . . .
C 4 Passumpsic Rivers 1st g 4s.............
onn
J ox
N

If




VlStciu vvii ***•"••
V

1000_

109
104
102
100$
182$
98

4.62
4.81
6.85
4.
3.
4.99
5.96
5.97
4.65
5.98
4.08
4.13
3.86
3.69
5.57
5.60
4.78
4.84
5.01
5.07
4.85
4.91
4.79
4.32
4.64
5.33
5.21
4.19
4.39
4.73
4.73

4.84
5.07
5.56
4.28
4.19
414
4.26
3.88
3.71
5.40
5.45
4.67
4.76
5.07
5.61
4.70
4 82
47
1
4.02
4.28
4 38
4.13
4.20
4. 4
1
5.08
5.08

15.1906
14.1906
s30,1906
11.1907
5.1906
18.1907
8,1806
25.1906
5,1806
24.1906
17.1906
8.1907
9.1906
. 5,1906
s 14,1906
7.1906
23.1906
l 5,1905
2.1905
. 20,1906
. 2,1906
i 14,1907
20.1906
8.1906
17.1906
21.1906
. 19,1906
8,1S
06
5.1906
31.1906
2.1907

4.12

6.62

97$ June 1,1906

97$ June 1,1906

4.32

5.75

921 Nov. 7,1906

92$ Nov. 7,1906

4.48
4.47
4.83
7.16
6.52
8.66
4.74
3.99
i'i3
4.65
4.78
4.90
5.36
4.22
4.79
4.83
4.92

5.68
5.35
6.28
7.09
6.52
4 70
410
4 i.6
450
‘421
3.43
5.15
4.26
4 58
48
1
4 90

9 $ Jan. 16,1907
C
902 Feb. 8.1907
90 M 7.1907
ar.
811 Feb, 2.1906
6 $ Jan. 4.1908
2
93 Feb. 2.1906
123$ M 9.1906
ar.
88$ Feb. 25,1907
101$ Aug.'26’ i906
Jan. i5‘i906
136 Feb."i3,'iiioti
1 Feb. 28,1906
35$
1 5 Oct. 16,1907
1
98$ Dec. 18,1906
106| Jan. 3,1906
111 M 17,1906
ay
112 Jan. 25,1906

90$ Jan. 16,1907
M 1,1906
ay
84 M 13.1907
av
4 $ Nov 19,1907
9
62$ Jan. 4,1908
5 Nov. 21,1907
9
106 Dec. 26,1907
88$ Feb. 25,1907
Dec. 12,1907
Jan. 2i,i908
118 Nov. ii, 1
907
119 Dec. 10,1907
1 9 June 6,1907
0$
95 Jan. 29,1908
105 M 8,1906
ay
104$ Nov. 16,1907
102 June 5,1907

4.73
4.10
485
468
6.54
‘473
432
4 04
42
5
49
8
4.48
4.44
411
46
1

5.02
4.14
4.96
44
9
*5.68
433
433
40
5
4.20
5.00
44
9
45
9
41
7
44
5

1031
103'
9
1
115

Aug. 15.1907
Peb. 15.1908
Oct. 25.1907
July 11.1907
Apr. 5.1906
Dec. 2.1907
100$ Jan. 2.1908
101 Jan. 24.1908
104 Dec. 13.1907
112 Dec. 27.1907
98$ Sept. 23.1907
97 Sept. 17.1907
87 Dec. 3.1907
95 Feb. 21.1907
109 Dec. 13.1907
106 Dec. 12.1907
1 O 7.1907
04$ ct.
104 Nov. 13.1906
98 Dec. 4.1907
ay
98 M 31.1907
100 Nov. 30.1907
103 June 14.1907
105 Dec. 18.1907
117 Feb. 8,1996
105 Nov. 4,1807
112 Jan. 16.1908
116$ M 7.1907
ar.
88 Nov. 23.1907
92 Sept. 13.1907
80 Nov. 15.1907
85$ Jan. 16.1908

115$ Oct. 24.1905
109 Aug. 15.1907
104 Feb. 15.1908
102$ Jan. 15.1908
100 * July 11.1907
182* Apr. 5.1906
100$ Jan. 31.1908
102* Feb. 17.1908
08
101 Jan. 24,1S
108$ Feb. 17.1908
1 Feb. 4,1908
1
9 $ Sept. 23.1907
S
98$ Jan. 30.1908
91$ Feb. IS, 1908
95 Feb. 21.1907
109 Dec. 13.1906
108* Jan. 13.1908
105$ Dec. 9.1907
104 Nov. 13.1906
101 Jan. 29.1908
99$ June 6.1907
105 Feb. 13.1908
103 June 14.1907
105 Dec. 18.1907
117 Feb. 8.1906
108$ Feb. 18.1908
113 Feb. 15.1908
ar.
116* M 7.1907
96 Feb. 19.1908
92 Sept. 13.1907
8 Feb. 19.1908
b
86 Feb. 10.1908
97$
97
97*
9^
96$
90$
93
90$
84
57
62$
60
106
119$
88$

97
109
126$
93
124
112
95$
109
105
104$
102

112$

6.72
467 5.13
6.16 6.68
5.44 460
4.08 4 10
3
42 43
9

Jan. 31,1906
Dec. 18,1907
Feb. 5,1906
Aug. 14,1907
M 27,1906
ar.
Jan. 29,1907
Jan. 10,1906 109 June 3,1907
122 Jan. 29,1906 110$ Nov. 23,1907
135 Jan. 29,1906 127 July 19,1907
105$ Feb. 1.1906 89$ Nov. 19,1907
ec. 4.1906 9 $ D 31.1906
9 ec.
1 0 1I D
9 A 23.1907
.' ug.
1011 Mar. 1.1906
103 Jan. 22.1906 7 $ O 25.1907
0 ct.
97 Jan. 10.1907 9 O 8,1907
1 ct.
92 Feb. 19.1908 92 Feb. 19.1908
ug.
98 Sept. 19.1906 96 A 30.1906
0$
1 5 M 29.1906 1 9 June 29.1907
1 $ ar.

5
79$ Jan. 24,1906 5
7
5
901 ..... do.......
Feb. 11,1907 74$
9
5
111 Feb. 15,1907 111
ioi$ Feb. *21*1906 ”98$
9
5
101$ Oct. 10,1906

105
85
98$
83

109
103

110$

127
93*
99$
95
80$
9
1
92
98
109$
10
11
‘iio
108$

June 14,1906
July 14,1904
M 26,1905
ay
Nov. 7,1906
M 26,1905
ay
Jan. 17.1907
M 24.1904
ay
Feb. 8,1907
Aug. 26.1907
Feb. 19.1908
Jan. 13.1908
Feb. 19.1908
Dec. 26.1907
M 12.1904
ar.
Feb. 25.1907
Dec. 12,1907
Jan/ '21,1908
Jan. 22.1908
Dec. 19,1903
Jan. 17.1908
Feb. 11.1908
Feb. 4.1908
Apr. 28,1902
Nov. 13,1906
Jan. 6.1908
June 5,1907
Oct. 10,1900
Jan. 22,1904
Dec. 18,1907
Oct. 17,1907
Jan. 29,1907
June 4,1907
Apr. 14,1907
Nov. 23,1907
July 19,1907
Feb. 17,1908
Jan. 10.1907
Sept. 12.1907
Nov. 21.1907
Oct. 8,1907
Feb. 19.1908
Sept. 19.1906
June 29.1907
Jan. 23,1905
Jan. 19,1905
Aug. 21,1903

no
105

* 100$

*105$
*108$
107
*108$

*101

*110

112

112$

85
57$
62$

*100

112
126J

125$
110$

*116
*3

102$

1044
103
*95
91
*103
*111

*118$
*85$
*90
85
*107$
*103
*96
*100

Dec. 15,1905
*96
Jan. 8,1904
Nov. 20,1907
Feb. 13,1908
60
Nov. 21,1907 85 ' Feb. 19,1908 *85 *86$
$
Feb. 19,1908 74$..... do.......
74$
Feb. 15,1907 Ill i Feb. 15,1907
*103
109* Feb. 20,1905
Nov. 20, i006 98$i Nov. 24,1906
Dec. 19,1907 95 j Dec. 19,1907
102 l Dec. 18,1895

CONGRESSIONAL RECORD— SENATE

1908.

2459

F e bru a ry SO, 1908— In com e values an d quotation record o f active railroad and industrial corporation bonds, etc.—

Last sale.

Jan. 1,1906, to date.
Title of bond, rate.

Consolidated Ry C non-cnv 3 , 3 !, &4 %
o
.
do registered..............................
do non-conv deb 4s..................... .
do do registered..................... .
do non-conv deb 4s..................... .
do do registered..................... .
do non-conv deb 4s..................... .
do do registered.......................
do non-conv deb 4s......................
do do registered.....................
C Valley 1st g 5 s. /.........................
raig
Dakota & Great Southern g 5s............
Dallas &W 1st gtd g 5s..................
aco
■
Delaware & Hudson 1st Penn div 7s__
do registered..............................
do 10-yr con deb coupon 4s............
. do 1st lien equipt 15-yr g 4ls..........
D Riv R R &Bge 1st gtd g 4 s ............
el
D &Rio Grande 1st con g 4s..............
en
do con g 4|s................................
do improvement g 5s....................
Des Jfoin &Ft Dge 1st gtd g 4s............
Des M
oines Union Ry 1 st g 5 s...............
Detroit & M 1 st lien g 4s.................
ack
do g 4s.......................................
Dot Southn 0 Southn div 1 st g 4s..........
Duluth &Iron Range 1 st 5s.................
do registered...............................
do 2nd 6s....................................
Duluth Short Line 1 st gtd 5s................
Duluth So Shore &Atlantic g 5s...........
Eastern Ry M 1st div 1st g 5s...........
inn
do registered...............................
do Northern div 1st g 4s...............
^ do
do registered....................
East Tenn reorganiztn lieng5s...f.......
do registered............................
East Tenn V &G divisul g 5 s..............
a
do con 1st g 5s.............................
Elgin Joliet < Eastern 1 st g 5s..............
f
c
Elmira Cort & Nn 1st pfd 6s..............
do gtd g 5s..................................
Erie 1st ext g 4s..................................
do 2d ext g 5s..............................
do 3d ext g 4Js.............................
do 4th ext g 5s.............................
do 5th ext g 4s.............................
do 1st con g 7s.............................
do 1st con g funded 7s...................
Erie R R 1 st con g 4s prior bds.............
do registered..............................
do 1st con gen lien g 4s..................
do
do registered....................
do Penn coll trst g 4s....................
do registered...............................
do 50-yr conv g4s Ser A.............
do do do
Ser B................
do do registered.......................
°Eric &Pitt gen gtd g 3Js ser B............
°do do series C........................
“Evan II & Nashville 1st g 6s................
Evansville &Ind 1 st con gtd C
s............
Evansville &Terre H 1 st con g 6s..........
do 1st gen g 5s.............................
do Mount Vernon 1st g 6s.............
do Sullivan C Brch 1 st g 5s..........
o
^Fargo &So assumed g 6s....................
Flint & Pere M
arquette g 6s................
do 1st con g 5s..........................
do Pt Huron div 1st g 5s...............
Fla Cent & Peninsular 1 st g 5 s..............
do
do Coupon off....................
do 1st land grant ext g 5s....... ......
do
do Coupon off...................
do cons g 5s................................
do
do Coupon oil...................
Fort St Union Depot C 1st g 4is..........
o
Ft W < Den City 1 st g 6s...............
orth fc
Ft W & Rio Grande 1st g 4s...........
orth
G II &II of 1882 1st 5s......................
al
G Harrisburg &S A 1st g 6s..............
al
do M
ex Pac div 1st g 5s.............
Georgia &Alabama 1st con 5s...............
do
do Coupon off...................
G C &Nthn 1st gtd g 5s..................
a ar
do
do Coupon off...................
Georgia M
idland Ry C 1st 3s...............
o
Georgia Pacific Ry 1st g 6s...................
Gila Val G&Nthn 1st gtd g 5s
Gouv &Oswegatch 1 st gtd g 5 s.......................
G Rap < Ind ext 1st gtd g 4Js........................
r
fe
Gray’s Point Term 1st gtd g 5s.......................
G
reenbrier Ry 1st gtd g 4s..............................
Gulf &Ship Isl 1st ref &term g 5s...................
do _registered.........................................
“Hannibal &St. Joseph con 6s........................
“Harlem River-Port Chester 1 st 4s...................
do registered.........................................
Hocking Valley Ry 1 st con g 4£s......................
do registered.........................................
“Housatonic R con g 5s.................................




Highest.
Interest dates, In­ Yield.
e.
maturity.* com
Q
uo­
ta­
Date.
tion.
1930*F &A....
__*F &A....
1954 J < J*....
f
e
.... J &J*....
1955*J &J.....
__*J &J......
1955*A &O__
__*A & O....
1956*J &J......
....*!& J......
1940 J &J*__
1916*J & J......
1940 M& N*...
1917 M& S*...
.... M&S*...
1916*J & D.....
1922 J &J......
1936 F & A*...
1936*J &J..
1936*J &J...
1928*J &D..
1935*J & J . .
1917 M&N*
1995*J &D.....
1995*J &1) .
1941*M&S__
1937 A &O*...
__A & O . . .
*
1916*J &J..
1916 M& S*
1937*J & J..
1908*A &O....
.... A & O.
1948*A &O.
.... A &0.
1938*M&S__
__M&S...
1930 J < J*...
f
c
1 .5 M N* ..
96
1941+M N....
&
1914*A&O....
1914*A AO.,..
1947*MAN..
1919 MAS*...
1923*MA S....
1920 A A 0*...
192S AD.....
*J
1920 MAS*...
1920 MAS*...
1996*J AJ......
---*J AJ......
1990*J AJ......
. . . * J AJ......
1951*F A A ....
---*F A A....
1953*A AO,...
1953*A AO....
---*A A O....
1940 J A J*....
1940 J A J*....
1919 J A D*....
1926*J A J......
1921 J A J*....
1942*A AO....
1923*AAO....
1930*A AO....
1924*J A J......
1920 A AO*...
1939*MAN....
1939*A AO....
1918 J A J*.....
1930*J AJ.
1943*J A J.
1941*J A J......
1921 J A D*....
1928J A J*.....
1913*A AO....
1910*F A A....
1931*MAN....
1945 J A J......
1929J A J*.
1946*A AO....
1922*J AJ......
1924*MAN....
1942*J AD.....
1941 J A J*__
1947 J A D*....
1940 MA N*...
1952 J A J......
.... J A J......
1911*MA S....
1954*MAN__
__*MA N....
1999 J A J*....
__J AJ*......
1937 MA N*...

Lowest.
Quo­
ta­
tion.

Continued.

Date.

Quo­
ta­
tion.

Date.

Feb. 19,1908.
Bid. Asked.

4.49
4.82
4.84
5.82
4.21
4.70
4.23
4.60
5.04
4.17
4.41
4.86
5.26
4.74
4.54

4.37
4.43
4.81
4.47
4.70
4.91
4.34
4.64
5.06
4.25
4.41
4.88
5.57
4.67
4.40

112

Feb. 28,1906
110* June 13,1906
108 Feb. 13,1906
133 ----do.......
112J Nov. 22,1906
96! Jan. 9,1908
101! June 6,1906
108 M 24,1906
ar.
109 Feb. 14,1906
97! Jan. 30,1906
100 Jan. 11,1906
96J M 23,1906
ar.
9 ] Jan. 24,1906
3
114 Sept. 21,1906
112 Feb. 13,1906

Feb. 28,1906 112 Feb. 28,1906
104{ Feb. 11,1908 104| Feb. 11,1908 103! ■
*105
1041 Jan. 30,1907 104li Jan. 30,1907
123 Jan. 9,1908 123 Jan. 9.1908 ’l22'
149 Aug. 5,1901
Nov. 21,1907 96 Feb. 19,1903 95! ■
Jan. 9,1908 96 Jan. 9.1908 *96
*95
Nov. 22,1907 95 Feb. 17.1908
98 Jan. 13,1908 98 Jan. 13.1908
100 Jan. 28,1008 *98 "*io6‘
100 Jan. 28,1908
97 Apr. 19,1906 97 Apr. 19.1906
110 Sept. 30,1904
ar.
ar.
92 M 20,1907 92 M 20.1907 *87
80 Jan. 3,1908 83 Jan. 23.1908 *83
*78
77J Jan. 27,1908 77J Jan. 27.1908
102 Jan. 8,1908 107! Feb. 13.1908 *107
112 ! Feb. 13,1906 112! Feb. 13, 1906

4.65
5.01

4.53
5. 52

113! Apr. 12,1906
1015 Sept. 21,1907

108 Feb. 6,1908
99 Dec. 18,1907

.59
4.52
A83
4.55
5.36
4.80
3.79
5.01
4.56
4.69
A3
1
5.94
5.96
4.88
5.08
6.35
4. 7
1
5.50
8.80
8.26
3.85
5.55
5.26
5.36
5.29
4.80
5. 4
4
5.08
4.80
A68

4,46
4.27
A8
1
A42
4.02
4.33
3.72
5.03
4.61
A53
4. 55
5.12
5.14
4.89
5.09
A72
5.71

116J Feb. 7,1906
ay
116 M 24.1906
ar.
119 M 29.1906
1191 Feb. 21.1906
ii3: Jan. 22.1906
105! Jan. 5.1906
107! Jan. 30.1906
1 4 Feb. 23.1906
1+
109i Aug. 8.1906
115* Jan. 24.1906
102 July 28.1906
134; Feb. 19.1906
133 Feb. 1.1906
102, Jan. 12.1906
10 o! Apr. 19.1906
93! Jan. 16.1906
9 Oct. 9.1906
1
Jan. 29.1906
'i09j Jan. 20,1906
Feb. 8,1907
87
96! Jan. 2,1906
ay
118! M 8,1907
118 Jan. 22,1906
118 Aug. 24,1906
109! Apr. 17,1906
106| Jan. 23,1906
118 Feb. 14,1906
1 0 Jan. 19,1906
1V
111! — do........
109’ Apr. 25,1906

112

108 Feb. 6,1908
1011 Jan. 22,1908

ioii.
* 80"

3.99
5.09
4.86
A78
5.33
4.72
4.92
5.10
4.75
4.20

M 7,1907 110! June 17,1907 "90‘ 99
ar.
110] July 16,1907
not July 16.1907
100 Nov. 15,1907 105 Feb. 10.1908
110 June 10,1907 1103 June 10.1907 100
113 Jan. 22,1906 113? Jan. 22.1906
105 Jan. 5,1906 105! Jan. 5,1906
92 Nov. 26,1907 1 5 Jan. 17.1908 98
0
99 Dec. 9 ,1907 101! Jan. 4.1908 106! •
94V..... do........ .100! Jan. 17.1908 97
16 Feb. 4,1908 106! Feb. 4.1908 105J .
0>
91 Dec. 9 ,1907 93 Dee. 16.1907 93
118 Nov. 18,1907 121 Feb. 7.1908 121
125
120 Jan. 11,1908 1201 Jan. 14.1908
82! Feb. 18,1908 82! Feb. 18.1908
”83’
80! Dec. 11,1907 80! Dec. 11.1907
*83
64
63 Feb. 19,1908 63 Feb. 19.1908
8 1 Feb. 18,1907 85! Feb. 18.1907
5
7 Dec. 3,1907 73 Feb. 17.1908
1
46! Nov. 23,1907
Feb. 19,1908 49
1 Nov. 20,1907
9
Jan. 18,1908
92 Apr. 8,1907
Apr. 8.1907
Apr. 4.1905
110 Dec. 7,1906
Nov. 18,1907 1105
116 Apr. 25,1906
Apr. 25.1906
110
112 Jan. 2,1908
Jan. 2.1908
90 Dec. 16,1907
Jan. 14.1908 "*08!
A 19.1905
pr.
106! Feb. 21,1906
Feb. 21.1906
July 18,1899 'ii»
110 M 17,1907
ay
Aug. 13.1907
100 Apr. 13,1907
Apr. 13.1907
106! Sept. 19,1906
Sept. 19.1906
107! July 12,1906
Aug. 4 ,1906
110J

5.58
5.15
5.62
5.88
5.22
5.16

5.24
5.93
7.52
5.27
5.31
5.19

115
91
105!
106
ni!

Feb. 9,1906
Feb. 28,1906
Jan. 3,1907
Feb. 21,1906
June 11,1906
M 7,1906
ar.

98!
7
3
90
103
97
99

4.72
5.68
4.75
4.20
5.05
4.05
5.49

74!
123
108!
1081
1011
99J
105j

6.22

5.18
5.42
A56
4.12
5.06
A06
5.54
7.17

M 30,1906
ar.
Jan. 17,1906
July 12,1906
Feb. 6,1906
Apr. 18,1907
Feb. 2,1906
June 6,1906
Jan. 12,1906

65 Sept. 14,1907
104 N V 26,1907
O.
106 M 2,1906
ay
Aug. 28,1906
Apr. 18,1907
Feb. 2,1906
Nov. 8,1907
Dec. 5,1907

4.44
4.60
4.51

4.44
4.60
4.35

no Apr. 2,1906
103 Nov. 20,1906
125 Feb. 6,1906

94 Nov. 26,1907
99 Oct. 5,1907
103} July 12,1906

ill!

112J

Dec. 2,1907
Nov. 20,1907
Dec. 14,1907
M 12,1907
ar.
Jan. 23,1908
Dec. 9,1907

109J
105
1085
7
8
90
13
0*
9
7
9
9
no
65
106
106!

M 3,1905
ar.
M 11,1898
ar.
Feb. 18,1908 108! '108|
Feb. 6,1908 *73
Dec. 14,1907
M 30,1907 ”9 "
ar.
0
Jan. 23,1908 106! :108J
Dec. 9,1907
Jan. 16,1905
‘100
Sept. 14,1907
68
Jan. 23,1908 1004 108
July 26,1906
*105
Sept. 25,1906 io2"
Apr. 18,1907
Feb. 2,1906
Nov. 8,1907
98 Dec. 5,1907 104*.

Feb. 7,1908
99 Oct. 5,1907
113 Oct. 4 ,1907

101J

99! *103
ii2i




Eebbtxakt 25,

CONGRESSIONAL RECORD— SENATE.

2460

F e bru a ry SO, 1908— In com e valu es an d quotation record o f active railroad and industrial corporation bonds, etc.—

Jan. 1,1906, to date.
Title of bond, rata.

Housn East &West Tex 1st g 5s.
do 1st gtd g 5s redeemable..
Houston A T C1st g 5s int gtd...
Hous &T Ccon g 6s int gtd
r
—
' ta......
do gen 4s interest gtd.................
do W &Nvra div 1st g 6s........
aco
Illinois Central 1st g 4s....................
do registered............................
°do 1st g 3}s..............................
do
do registered..................
°do extended 1st g 3}s.................
do
do registered..................
° 11Cent 1st g 3s sterling £500,000...
1
do
do registered..................
do collat trust g 4s....................
do , do registered...............
do coll trust g 4s L N 0 A T.......
do registered............................
°do Litchfield div 1st g 3s............
do Louisv div A term g 3}s.........
do
do registered.................
cdo M
iddle div registered 5s.........
do Omaha div 1st g 3s................
°do St. Louis div &term g 3s......
do registered.................
do
do g3}s........................
°do
do do registered........
do
°do Springfield div 1st g 34s.........
do
do registered.................
do W
estern Line 1st g 4s..;........
do
do registered.................
Ind Bloomington &W1st pfd 4s........
Indiana Decatur AW 1st g 5s..........
n
do 1st gtd g 5s..........................
Indiana Illinois &Iowa 1st g 4s........ .
Intematl &Gt Northern 1st g 6s.......
do 2dg5s............................... .
do 3d g 4s............................... .
Iowa Central 1st g 5s..................... .
do refunding g 4s.....................
Jefferson R R 1st gtd g 5s................
Kal Allegan &GIt 1st gtd c 5s.........
Kanawha A M 1st gtd g 4s...........
ich
Kan Cy Ft Set A M R R con g 6s...
em
Kan Cy Ft Set &M Ry ref gtd g 4s.
em
do registered...........................
Kan C AMR AB C 1st gtd g 5s—
y
o
Kansas City A Pacific 1st g 4s..........
Kansas City Southern 1st g 3s..........
do registered...........................
Kentucky Central g 4s.....................
Keokuk A Des M
oines 1st 5s ...........
do small.................................
Knoxville A O 1st g 6s.................
hio
°La C&Day 1st 5s.........................
Lake Erie A W
estern 1st g 5s............
do 2dg5s....................... .......
Lake Shore collat g 3}s....................
do
do registered................
0Lake Shore AM So g 3}s............
ich
do
do registered................
do debenture g 4s.....................
do do registered..................
do 25-year 4s...........................
do do registered..................
Lehigh AHudson River gen gtd g os..
Lehigh ANY 1st gtd g 4s................
do registered..........................
Lehigh Valley N Y 1st gtd g 4}s........
do registered..........................
Lehigh Vly (Penn) gen con g 4s........
do registered...........................
Lehigh Vly Ter Ry 1st gtd g 5s.........
do registered...........................
Leroy &Caney Val A L 1st g 5s........
Long Dock con g 6s........................
Long Island 1st con g 5s..................
do lstcong4s.........................
do gen g 4s.............................
do Ferry g4}s.........................
do g 4s.... .............................
do unified g 4s.........................
do deb g5s.............................
do gtd refunding g 4s...............
do registered...............
do
LIKRNSo bch 1st con gtd 5s........
Louisiana &Arkan Ry 1st 5s............
Louisiana W
estern 1st 6s.................
° Louisville C &Lex g 44s..............
in
Lo A Jefferville Bge C gtd g 4s........
o
° Louis A Nash gen g 6s...................
°do gold 5s..............................
°do united gas.........................
do registered...............
do
do sinking fund g 6s.................
do collateral trust g 5s.............
do 5-20 yr col trust deed g 4s......
in
do Atl Knox AC div 4s..........
do registered...............
do
do Pensacola" iv g6s...............
d
do St Louis div 1st g 6s............
do
do 2dg3s.
Louisville A Nashville collateral e 4s.

Interest dates, In­
maturity.* come.

1933*M&N....
1933*MA N....
1937 J A J*. ...
1912 A A O
*
1921*A &O.
1930*MA N-...
19ol*J &J....
....*! &J....
1951*J &J--....*J &J... .
1951*A & O...
....A &O....
1951*M&S-...
__MA S....
1952*A &0...
__*A &0 __
1953 MA N*...
.... MAN*...
1951 J &J..
1953 J &J*.
.... J &J......
1921 F &A ..
*.
1951 F &A ..
*.
1951 J AJ*. ...
.... J &J*....
1951 J &J*....
.... J &J*....
1951*J AJ......
.... J &J......
1951 F A A * . . .
.......FAA....
1P
40*AA 0 ....
1935*J &J......
1935*1 &J......
1950 J &J*....
1919 MA N*
1909 H &S*.
1921 M& S*...
1938*J AD....
1951*M&S...
1909 A A 0 ....
1938 J &J*
1990*A A O
1928*MA N__
1936 A A 0*._
__AAO...
1929 A &O*...
1990 F A A*...
1950*A A O....
... *A A O__
1987 J &J*....
1923 A A O*...
.... A A O__
1925 J &J*....
1919 J &J*__
1937*J &J......
1 4 J &J*....
91
1998*F &A....
__ *F &A__
1997*J &D.....
...,*J A D.....
1928 M&S*...
1928 MA S*....
1931*11 AN....
1931*M&N....
1920 J &J*__
1945 MA S*....
..... M&S*__
1940 J AJ*.....
..... J &J*....
2003*M& N...
__ M&N ..
1941 A &0*..
..... A &0*..
1926 J &J*...
1935 A A O*..
1931 QJ.......
1931 QJ.......
1938*J A D....
1922*MAS....
1932*1 A D....
1949*MAS....
1934*J AD....
1949*MAS__
__MAS....
1932 QJ.......
1927MAS*..
1921 J AJ__
1 MAN*...
931
1945*MA S
1930*J A D
1937*MAN....
1940 J AJ*
.... J AJ*....
1910*A A O
1 3 MAN*...
91
1923* A A 0
1955*MA N__
__*MA N
1920*11 A S
1921*11 A S
1980*MA S ...
1952 MAN

Highest.

Lowest.

Y ie ld .

Q
uo­
ta­
tion.

Date.

5.00
4.89
4.57
5.53
4.01
5.21
3.94
3.77
4.00
3.06
3.55

ay
5.00 103} M 1.1906
4.83 1051 Jan. 20.1906
4.42 H2i Dec. 24.1906
4.10 115 Sept. 14.1906
5.38 99} Jan. 18.1906
4.91 116 Dec. 20.1906
3.93 1091 Sept. 4.1906
3.72 107| Apr. 26.1907
ay
4.11 101} M 4.1906
3.71 951 July 12.1906
3.57 100} Jan. 19.1906

4.00
4.09
4.11
4.00
4.13

4.00
4.11
4.13
4.00
7.27

3.84
3.83
4.29

107}
98
100}
100
93}

Q
uo­
ta­
tion.

Date.

100 Jan. 10,1908
ay
103} M 1,1906
109} Aug. 21.1906
107} Nov. 11.1907
834 Dec. 24.1907
116 Dec, 20.1906
97 Dec. 12.1907
107} Apr. 26.1907
89 Nov. 16.1907
954 July 12.1906
99} June 20.1906

Feb. 26,1906
M 1,1907
ay
Feb. 13,1906
M 8,1906
ay
Nov. 17,1906

97 Oct. 12,1907
M 1,1907
ay
Nov. 22,1907
M 1,1907
ay
85 Feb. 5,1908

4.07
4.06
4.45

78} Apr. 10,1906
82} Feb. 7,1906
93} June 23,1906

784 Apr. 10,1906
78} Jan. 8,1907
82} Oct. 8,1907

4.10

4.12

107} Jan. 28,1906

97} Aug. 13,1907

5.17
4.35
5.58
5.76
6.74
4.65
5.33
5.05
4.57
5.31
6.02

5.22
4.41
5.16

4.32
4.35
4.37
5.13
4.60
5.58
4.72
4.57
4.78
4.59
4.80
3.84
3. 84
4.41
4.59
4.44
4.44
4.24
4.41
4.31
4.51
469

4.65
4.69
4.38
5.23
4.22
5.34
4.30
4.41
4.73
4.61
4.83
3.85
3.85
4.70
4.92
4.69
4.69
43
1
4.38
425
45
2
4 63

108j Jan. 30,1906
100 Jan. 17,1906
120 __ do.......
102} Feb. 7,1906
80 M 26,1906
ay
4.53 115 Feb. 6,1906
5.52 88 Jan. 12,1906
5.47 101} Nov. 1,1906
4.59 99} Jan. 22,1906
4.97 121 June 20,1906
6.60 87 Jan. 18,1906
96} Apr. 16,1906
75} Jan. 5.19C
6
1 1 Feb. 21,1906
0
111} M 3,1906
ar.
110|
.do
122} Jan. 4,1906
113} Jan. 27,1906
119 Feb. 9,1996
113} Jan. 11,1906
" Jan. 24.1906
"
Jan, 18,1906
101} Feb. 28,1906
99} Jan. 23,1906
101} Jan. 9,1906
98} Nov. 2,1906
93}; Jan. 28,1908
91 i July 12,1907
96} Dec. 14,1906
1 1 ! June 29,1906
14
106 M 8,1907
ay
98} Apr. 24,1906
120} M 22,1906
ar.

68}
93}
101
89
60
100
70
100

Oct. 19,1907
M 14,190?
ay
Nov. 21,1907
Feb. 6,1008
Oct. 10,1907
Nov. 11,1907
Jan. 10,1908
Oct. 1,1906
Nov. 16,1907
Dec. 3,1907
Nov. 16,1907

Oct. 23,1906
Nov. 2,1907
92 Feb. 5,1908
95 Dec. 18,1907
110} M 3,1906
ar.
108 Jan. 20,1908
106} July 30,1907
107 Jan. 21,1908
106} Apr. 0,1907
73' Nov. 29,1907
72* Nov. 30,1907
85 Oct. 30,1907
83 Nov. 6 1907
83 Nov. 26,1907
81} ..... do.......
83 Nov. 4,1907
91 July 12,1907
95} Nov. 12,1906
101* Dec. 23,1907
106 M 8,1907
ay
87 Nov. 6,1907
106 Nov. 21,1907

4.92 4.60
4.56 4.33
4.61 4.84

1354 Feb. 23,1906 1 1 Jan. 7,1908
2
117 M 19,1906 105 ..... do....... .
ar.
102} Jan. 30,1906
Dec. 20,1907

5.16
4 35
4.05
4.49
4.85
4.34
456
481
4.53
411
3.95
4.82
485
4.82
5.00
4 50
4.21
4.60

101} Jan. 3,1906 8 Jan. 2,1908
1
102} Jan. 30,1906 86 Dee. 9,1907
99 M 19,1906 99 M 19,1906
ar.
ar.
109 Nov. 23,1906 109 Nov. 23,1906
105 Jan. 26,1906 100 Aug. 23,1907
103} Jan. 13,1908 103} Jan. 13,1908
1004 Feb. 2,1906 91} Jan. 14,1908
120}| Jan. 24,1906 112 Nov. 19,1907
1214 Feb. 19,1906 3084 M 14,1907
ar.
104} Jan. 9,1906 92' Oct. 30,1907
101} July 3,1906 IC Apr. 21,1906
O
1154 Jan. 5,1906 1034 Dec. 9,1907
100} Jan. 20,1906 86t Dec. 30,1907
894 Jan. 27,1908 86 [ Feb. 19,1908
107} Aug. 8,1906 107} Aug. 8,1906
120} M 6,1906 317 | M 27,1907
ar.
ay
72* Feb. 28,1907 71} Sept. 7,1906
95}, Jan. 19,1906 75 1Feb. 17,1908

4.97
429
4.04
4.62
491
4 40
4.44
5.17
4.65
4.08
3.96
4.88
4.40
4 72
5.48
5.19
4-14
5.42

Continued.
Last sale.

Quo­
ta­
tion.

Date.

101 Jan. 14,1908
104 Aug. 27.1906
110 Feb. 8.1908
no Jan. 3.1908
88 Jan. 9.1908
116 Dec. 20.1906
102 Feb. 8.1908
1071 Apr. 26.1907
89 Nov. 16.1907
954 July 12.1906
99} June 22.1906
70 Oct. 17,1904
101} Feb. 3,1908
ay
98' M 1.1907
98} Jan. 22,1908
97 M 1.1907
ay
85 Feb. 5,1908
ay
99
123 M 24,1S
78* Apr. 10.1906
78} Feb. 14,1907
824 Oct. 8,1907
101} Oct. 23,1899
100' Nov. 7,1900
97} Aug. 13,1907
103 Nov. 19.1901
98} O 19.1907
cr.
107} Dec. 18.1902
93} M 14.1907
ay
109 Jan. 17.1908
89 Feb. 6,1908
60 Oct. 19.1907
108} Jan. 31.1908
77' Feb. 17.1908
101 Aug. 14,1907
89 Jan. 30,1908
114} Feb. 4.1908
68 Feb. 18,1908
78} Jan. 14,1904
95} Apr. 26.1907
70} Feb. 17.1908
63} Oct. 16,1900
92 Feb. 5,1908
99} Jan. 31.1908
110} M 3,1906
ar.
108 Jan. 22.1908
106} Feb. 17.1908
110 Jan. 31.1908
107 June 27.1907
76} Feb. 17.1908
73 Feb. 18.1908
92 Feb. 11.1908
92 Jan. 31.1908
92} Feb. 19.1908
864 Dec. 18.1907
91} Feb. 19.1908
91 j July 12,1907
95}l June 14,1907
1024, Feb. 17,1908
106 ! M 8,1907
ay
89}; Jan. 7,1903
108 : Jan. 24,1908
100} Oct. 18,1899
110 | M 13,1905
ar.
124 Feb.] 7,1908
110 , Jan. 28,1908
87}' Jan. 27,1908
102 I Nov. 27.1905
99}! Oet. 28,1901
82 Jan. 6,1908
110 | June 22,1904
95 Jan. 21,1903
99 M 19.1906
ar.
109 | Nov. 23.1906
102 Sept. 16.1907
103} Jan. 13,1908
914 Jan. 14.1908
117 | Jan. 31,1908
110 j Oct. 21,1907
98} Feb. 19,1908
101 July 1,1966
104 Feb. 18,1008
92}! Feb. 17,1008
86 | Feb. 19,1908
107} Aug. 8,1906
117 i M 27,1907
ay
72} Feb. 28,1907
75 | Feb. 17,1908

Feb. 19,1 0 .
9S
sked.
Bid. A

100
11
109} 1 0
109}
9
8 '. ‘* 0
5
102
’*89

*99}

85}
’85}

S
O
* }9
S

95}
*110
*90
*104} *06}
77
100} 166}
110}
113
65
71
*93
106
107 *107}
102}
76 *76}
73
*91
*88
92| 14}
91 ’ 6i}
HI
O
*100}

*102}
94
*109 ! *1141

87

*91

*86 j........
*95 j *96}
’i o o i l l l .

..... I
........
106 ,........
110}......
*98}
103 !........
*92}| 93}
..... *86
*106
70}

1908.

CONGRESSIONAL RECORD— SENATE.

24CU

F ebru a ry SO, 1908— In com e values an d quotation record o f active railroad and industrial corporation bonds, etc.—

Continued.

Jan. 1, 1906, to date.
Title ol bond, rate.

Louisville and Nashville registered....
LANA M &M 1st g 4}s.........
ob
ontg
■ A Nash Seuthn M Joint 4s..........
L
on
do registered............................
Louisv New Alb A C 1st 6s............
hic
M
ahoning Coal It R 1st 5s.................
Manhattan Ry oi N Y con g 4s.........
do registered............................
M
anitoba S Wcolonization g 5s.........
M
cKeespt A B Ver 1st g 6s................
M M M W AAla 1st 6s............
e in an in
M
etropolitan Elevated 1st g 6s..........
M
exican Centl (Ltd) con g 4s.............
do 1st con income g 3s................
do 2d con income g 3s................
do equip & coll g 5s...................
do
do 2d scries g 5s.............
M
exican Internatl 1st con g 4s...........
do stamped guaranteed.............
M
exican Northern 1st g 6s.................
do registered............................
M Cent colg 3}s...........................
ich
do registered.......................
M
ichigan Central 1st 6s.....................
do 5s......................................
do do registered...................
do 4s......................................
do do registered...................
do g 3}s sec by 1st mg on J L &S.
’do 1st g 3}s..............................
“do
M
idland R oi N Jersey 1st g 6s...........
M
idland Terml Ry 1st g s f 5s............
M Lake Shore A W 1st g 6s......
il
estn
do ext Aimpt sink fund g 5s.......
6do Ashland div 1st g 6s..............
0do M
ichigan div 1st g C
s..........
do income 6s............................
M
ilwau A L W
innebago 1st C
s......... "
M A Northn 1st main line 6s........
ilw
0do 1st con 6s.......................
M
inneapolis A St L 1st gtd g 7s........
M
inneapolis A St Louis 1st g 7s..........
do Iowa Extension 1st g 7s........
do Pacific Extension 1st g 6s......
do Sowestn Extension 1st g 7s__
do 1st con g 5s..........................
do 1st * rclunding g 4s......... . . . .
M SP &S Ste M1st con g 4s.......
inn
M 3 Ste M &Atl 1st 4s g...........
inn
ar
M
inneapolis Union 1st g 6s................
M Kan A Eastern 1st gtd g 5s’" " ” '!
o
M Kan &O 40-year 1st gtd 5 s .........
o
k
M
issouri Kans A Texas 1st g 4s..........
do 2dg4s............................;;;
do 1st extension g 5s.................
do 1st A refunding mtge 4s.........
do do small.........................
do gen mtgo skgfd g4}s............ ...!!!!!!!!!!” ” !
M Kan A Tex St L div 1st ref g 4s............................
o
M K &Tex of Tex 1st gtd g 5s...........
o
M
issouri Pacific 1st con g 6s...............
do trust g 5s stamped..........................
do do registered............................ " ............
do 1st collateral g 5s................ .
do do registered.................... ] ................
do forty-years 4s gold loan................................
do mtge 7s extended at i % ............
M &Birminghamprior lien g 5s........
ob
do small..........................
......................
do mtge g 4s........................ ...........................
do do small...................... !!!"!"!"” ".........
M Jack A Kan City 1st con g 5s............ \\\\............
ob
M
oblie & O new gos..................!!.""""
hio
do 1st extension g 6s........... !!” !!!"................
do gen g 4s.......................... """!!!...............
do M
ontgomery div 1st g 5s.........
M
obile A O col trust g 4s.......................
hio
do registered.......................... ......................
“M
ohawk A M
alone 1st gtd g 4s ..............................
M
onongahela River 1st gtd g5s......... ......................
M
ontana Central 1st gtd g 6s...................................
do registered..................................................
do istgtdgss..................!!!!” !"” ■"............
do do registered..............
M
organ’s La A Texas 1st 7s.........
do 1st g 6s.................
“M
orris A Essex 1st 7s............................................
“do lstcon gtd 7s.......................... . . . . . . . . . . . . . . .
do do registered..................... ..
“do 1st refunding gtd g 3}s..................................
Nashville Chat A St Louis 1st 7s...............................
do 1st con g 5s.................................................
do Jasper Branch 1st g 6s........................... ......
do T A P Branch 1st 6s.....................................
Nash Flor A Shof 1st gtd g 5s.............................;__
Nat R R of M prior lien g .................................
ex
do 1st con g 4s
Naugatuck R II C 1st 4s..............
o
do registered........................
New England It Rcon 5s..............
do
do con 4s..............
New Haven A Derby cons cy 5s__




Interest dates, In­ Yield.
maturity.* com
e.
Quo­
ta­
tion.
..... MA N...
1945 MA S*..
1952 J &J*...
Q.Jan__
1910 J &J*...
1934 J &J*...
1990*A &0 ...
.....*A &0...
1 3 J &D__
9 -1
1918 J &J*...
1917*1 &J....
1908 J &J*...
1911 J &J*...
1939 Jly 10....
1939 Jly 10....
1917*A A O . . .
1919 A &0...
1977 M&S*..
1910 J A D*...
— J &D__
199S*F &A...
---*F A A...
1909 M&S*..
1931*M&S...
.... Q M b ...
1940*J A J....
__*J &J__
__ MA S*..
1952*MAN...
1910*A &0 ...
1925 J &])....
192l*M&N...
1929*1' A A...
1925*MAS...
1924 J &J*...
1911*MAN...
1912 J &J....
1910*J AD....
1913*J AD....
1927*1 AD....
1927*J AD....
1909*J AD....
1921*A AO...
1910 J A D* ..
1934 MA N*..
1949*MAS...
1038 J AJ*...
1926 J AJ*...
1922 J A J*...
1942*A AO...
1942*MAN...
1990*1 AD..
1990 F A A...
1944 MA N*
2004 MAS*..
---- m a s ...
1938 J AJ . . .
2091*A AO...
1942 MA S* ..
1920 MA N*
1917 MAS...
.... MAS...
1920 F A A*..
F X A
*
1945*MA's’!!
1938*MAN...
1945 J AJ*...
.... J AJ....
1945 J A J*...
1953*J AJ....
1927 J A D* . .
1927 QJ.......
1035 MAS*..
1947*F A A...
1938 MA S*..
.... MAS...
1 MAS*..
991
1919*F A A...
1937 J AJ*...
.... J AJ*...
1937 J AJ*...
__J A J...,
1918*A AO...
1920 J A J*...
1914*MA N...
1915*J AD....
....*J A D...
2000J A D*...
1913 J AJ*...
1928*A AO...
1923*J AJ....
1917 J AJ*...
1937 F A A*..
1 2 * AJ....
S GJ
1 5 A AO*..
91
1 5 * AN...
Q4 M
— *MAN...
1945 J AJ*...
1945 J A .1*...
181S*MAN...

A95
4.61
5.96
4.65
4.28

Highest.
Date.

Last sale.

Lowest.
Q
uo­
ta­
tion.

Date.

Feb. 19, 1908.

Date.

Bid. Asked.

Q
uo­
ta­
tion,

3.80 115} Jan. 27,1908 108 July 11,1906 1 5
1 -J
4.72 98 July 25,1906 87 M 19,1907 87 Jan.
ar.
Jam
95 Feb.
5.68 108} Feb. 9,1906 100 Jan. 9,1908 101} Feb.
2 4 ar.
4.52 15 - M 5,1900 109 Oct. 15,1907 109 Oct.
4.29 1033 Jan. 22,1906 88 Nov. 20,1907 95 Feb.
1-1 Apr.
0

5.99 5.48
5.10 4.84

100
87
28
22}

June 23,1906
D 17,1906
ec.
D 14,1906
ec.
D 15,1908
ec.

985
71'
1
1
7

80 Feb. 5,1908

H-I
6
Nov. 6,1907 101‘
Nov. 26,1907 79
O 30,1907 1
ct.
8
4
Nov. 2,1907 1
Feb. 5,1903

4.52
4.84
5.87
4.83
4.20
3.99
3.70
3.78
5.98
5.31
44
. 7
4.71

4.54
4.87
5.01
4.75
3.79
3.98
3.84
3.85
5.85
4.70
4.17
3.82

91
90}
107}
120
119
1041
94}
98}
109}
120}
118
128}

Feb. 6,1908
Jan. 17,1906
June 19,1906
Jan. 3,1906
June 12,1906
M 23,1906
ar.
Dee. 2 , 1900
G
Fob. 16,1906
Jan. 11,1906
Jan. 19,1906
Feb. 27,1906
Feb. 27,1906

72
7
1
104
105
119
100*
94}
92}
100
111
113
1285

Nov. 25,1907
Nov. 29,1907
Dec. 22,1906
Dec. 18,1907
June 12,1906
Jan. 28,1907
Dec. 20,1906
M 3,1907
ay
Nov. 4,1907
Nov. 30,1907
Apr. 26,1907
Feb. 27,1906

6.03
5.59
5.60
0.83
5.14
5.05
5.06
4.28
3.99
4.83
4.88
4.23
4.97
5.15
5.24
6.21
4.90
4.96
5.73
5.33
4.76
5.28
4-76
4.15
4.77

6.14
4,48
5.09
5.77
4.39
5.06
5.26
4.39
3.99
4.79
4.85
4.24
4.99
5.18
5.25
6.72
4.91
4.95
5.48
5.91
4.38
5.57
4.93
4.20
4.72

ar.
108} M 17,1906
115 Fob. 10,1906
ar.
130 M 13,1907
105 Apr. 16,1907
120}. Feb. 6,1906
114} Jan. 20,1900
97 Jan. 17,1906
102} Apr. 25,1906
102} June 25,1607
116 Feb. 8.1906
169} Jan. 25,1 0
9G
103 Jan. 22,1906
921 Jan. 29,1906
1071 Jan. 16,1906
91} Feb. 24,1906
90} Nov. 30,1906
94 Feb. 13,1906
1C Feb. 14,1906
9|
125} Jan. 3,1900
107} Feb. 13,1906
107} Feb. 17,1906
108} Jan. 25,1906
94} Jan. 13,1906
98 Apr. 8,1907
1151 Apr. 14,1906

100
105
125}
105
118
98
75
95
102
90}
89}
75
93
75
70}
82
95
103
895
104
89}
86
97}
113

Dec. 17,1907
Nov. 30,1907
Feb. 10,1908
Apr. 16,1907
June 5,1906
Dec. 19,1907
Nov. 18,1907
Nov. 11,1907
June 25,1907
O 31,1907
ct.
Nov. 29,1907
O 30,1907
ct.
O 25,1907
ct.
Nov. 29,1907
Nov. 7,1907
Nov. 26,1907
M 29.1907
ar.
Nov. 4,1907
Dec. 2,1907
Nov. 14! 1907
Jan. 6,1906
Nov. 26,1907
M 18,1907
ar.
M 2,1907
ay
M 22,1906
ar.

5.12
5.36
5.70
4.81
4.94
5.31
4.55
4.74
4.71
4.49
4.87
5. 6
6
5.29
6.20
6.08

5-13
5.04
5.55
5.09
4.92
5.70
4.74
4.40
4.35
4 04
4.83
4 25
4.60
4.69
4.60

Aug. 6.1906
127} N o v . 8.1906
1 5 Jan. 3,1908
01
99 Jan. 15,1006
1 4 June 1.1906
1*
981 Feb. 6.1906
103 Dec. 3,1906
105} Feb. 8,1907
136 Jan. 25,1906
1 6 M 31,1900
3 1 ay
1 9 , Feb. 1,1906
1?
127 Sept. 13,1906
118 Feb. 17,1906
1255 Jan. 20,1906
127' Jan. 13,1906

96
113
103
83
102}
77
9:
7
15
0
15
2
136}
15
0
127
116
19
0
117}

M 27,1906
ar.
Jan. 27,1908
Nov. 27,1907
Aug. 2,1907
Oct. 18,1907
Jan. 29,1908
M 27,1907
ar.
Feb. 8,1907
Aug. 1,1907
M 31,1900
ay
Dec. 13,1907
Sept. 13,1906
Nov. 21,1900
Nov. 19,1907
Sept. 4,1907

Apr. 2,1906
Sept. 19,1996
Feb. 16,1906
Jan. 29,1906
Apr. 6,1906
Jan. 28,1907

108
101}
1105
11
1
95}
75

Nov. 8,1907
Dec. 2,1907
M 27,1907
ay
Aug, 8,1906
Nov. 25,1907
Nov. 21,1907

6.00 5.71
4 7 4 54
2
5.20 4.74
4.42 4 20
4.50 4 5
9
5.03 5.19

19
1?
1
155
119}
17
13
105
87}

27,190S *90
21,1908
6,1905
19,1908
15,1907 102} .
19,1908 94
5,1905
*100
M 9,1905
ar.
Feb. 19,1908 "ioo-i
__do......... 8 .1
0
__do......... 17'
__do......... 13

90! July 29,1901
S" Feb. 5,1908
O
105 M 2,1900
ay
7 4 Feb. C19 S
7
, 0
71' Nov. 29.1907
104 D e c . 22.1900
1 5 Doc. 18.1907
0
119 June 12.1906
100* Jan. 28.1907
106} Nov. 26.1900
945 Dec. 26,1906
925 M 3,1907
ay
1021 Jan. 30,1 0
GS
1135 Dec. 9,1907
113} M 31,1907
ay
142} Feb. 10,1902
128} Feb. 27,1906
110 Aug. 21,1905
100 Dec. 19,1907
108} Jan. 29,1908
125} Feb. 10,1908
105 Apr. 16.1907
1184 Jan. 18.1907
113} M 10.1905
ar.
100 Jan. 3,1908
8 ^ Feb. 6,16 S
0
0
95 Nov. 11.1907
102} June 25.1907
124 M 4.1905
ay
105? Feb. 6.1907
104 Feb. 15.1908
95} Feb. 19.1908
80} Feb. 17.1908
98 Jan. 14.1908
77} Nov. 7.1907
73 Feb. 19,1908
83 Jan. 31,1908
103 Feb. 14,1908
106 Jan 11,1908
96 Feb. 19,1908
1 Feb. 17,1906
075
95 Feb. 18,1908
86 Aug. 2,1907
ay
97} M 2,1907
115} Apr. 14,1906
9 O 9,1905
G ct.
94 Aug. 6,1904
98 Dec. 21,1900
113 Feb, 10,1908
1 5 Jan. 3,1908
0 .1
85 Feb. 10,1908
102} O 18,1907
ct.
7 Jan. 29,1908
7
ar.
97} M 27,1907
1 5 Feb. 8,1907
01
1 8 Jan. 28,1908
2
136} M 31,1906
ay
105 Dec. 13,1907
1 7 Sept. 13,1906
2
lie
Nov. 21,1906
114} Jan. 3,1908
118} Jan. 31,1908
1 7 June 23,1905
2
1 9 Nov. 26, i907
0
107} Jan. 20,1908
116} M 27,1907
ay
1 3 July 6,1904
1
113} Feb. 28,1907
9 Jan. 8,1908
9
8 Feb. 11,1908
1

125} Feb. 6,1807

*80

81
18}
14

110
92
86}
12
0
117? .
110
121},
118}
102
15
0
125} 129
102} .
106
*77

*80

*104
*105} .
*103|
97
*05
80}
79
*79}
76
*82}
104} *107}
96}
*94}
87}.
83

*84} 90
99}.
O
77 ’S
*98
*97?.
123}.
109
i io j

115}
116}.
"s i'

111} 113}
107} ,

*1
8

E ebeu aky 25,

CONGRESSIONAL RECORD— SENATE,

2A62

F ebrua ry SO, 1SOS— In com e values and quotation record o f active railroad and industrial corporation bonds, etc.-J

Title of bond, rate.

Interest dates,
maturity.*

In­ Yield.

com e.

Jan. 1,1906, to date.
Lowest.
Highest.
Quo­
ta­
tion.

1986*F A A.
N Jersey Junction R gtd 1st 4s............................
.... F& A.
do registered certificates..............•...............
5.14 4.76
1930*J AJ..
N O i M 1st g 6s........................................
obile
1930*J AJ...... 4.96 4.52
do 2nd g ..................................................
1915 A A O.
N 0 & N Eastern prior lien g 6s........ -................
1945 J AJ*--Newp A C Bge C gen gtd g 4}s........................
in
o
1935 A A O*... 4.58 4.41
N Y Bklyn &M B 1st con g 5s.........................
an
1997 J AJ*.... 4.00 4.01
“NY Centl AHudson Rg mtge 3}s.....................
... J A J*.... 3.96 3.97
do
do registered..................................
1934*MAN.... 4.31 4.47
do deb g ..................................................
.... MA N__ 4.05 4.07
do
do registered...................................
4.08 4.12
1937 A A O
*.
N Y Chicago &St Louis 1st g 4s..........................
__A A O*__ 3.98 3.97
do registered.............................................
194C AN.... 5.06 6.07
*M
N Y AG
reesvd Lake gtd g 5s..............................
do email...................................................
7
.’48 ’3 ’4
2000*.',! AN.... ’3
“NY AHarlemg 3}s........................................
...*M A N....
do registered.............................................
5.16 4.38
1921*J &J......
'NY Lackawanna A W 1st ............................ .
n
4.95
1823 F &A*... 4.98 5.21
do construction 5s....... .............................
1923*M&N--- 4.60
do terminal &improvement 4s.... ...............
1622*M&N..
NYLE4W C A R R C 1st cur gtd 6s.........
oal
o
5.53 4.37
1913 J& J*..
NYLE4W Dock &Imp. C 1 st cur 6s............
o.
1941 M&S* .
N Y A Long Branchgeng4s.............................
1939*A & O ..
NYANE Boston Terminal 1st 4s....................
New York New Haven AHartford.....................
1914*F A A .
do non-eonv deb 4s...................................
__*F A A .
do do registered..................................
1947*MA S .
do non-conv deb ......................................
....♦MAS.
do do registered...................................
1947*MAS--do non-conv deb 3}s..................................
__*MAS..
do do registered...................................
1954*A AO..
do non-conv deb 3}s..................................
__*A A O..
do do registered...................................
1955 J A J*..
do non-conv deb ......................................
....J A J*.....
do do registered...................................
1956*MA S....
do non-conv deb 4s ..................................
__*MA S ....
do do registered...................................
1956*J AJ.....
do conv deb ctfs 3}s..................................
,*J A J.....
do do registered...................................
1927 A A O*... 4.57 4.28
N Y &Northern 1st g .....................................
1992 MAS.... 4.16 4.16
N Y O A Wrefunding 1st g 4s........................
nt
....M AS..... 4.28 4.29
do registered $5,000 only.............................
1942*A AO--N Y Providence &Boston gen 4s.......................
. ,.*A A O..-.
do registered...........................................
1993 A A O*... 3.99 3.98
N Y &Putman 1st con gtd g ............................
1927*MAS... 4.78 4.65
N Y ARockaway Bch 1st g .............................
1937*J AJ --- 4.96 4.95
N Y Sus &W 1st refdg g ...............................
n
1937*F AA... 4.56 4.58
do 2dg4}s............................................. .
1940 F A A*.. 5.41 5.50
do gen g 5s.............................................
1943*MAN... 4.61 4.52
do terminal 1st g ....................................
. ,.*M A N...
do do registered $5,000 each.....................
1912 A A O....
N Y Texas &M gtd 1st g 4s.........................
ex
1916*A AO--“Nor &M
ontreal 1st gtd g 5s...........................
1941*MAN--- 5.13 5.15
Norfolk &Southern 1st g 5s.............................
1931*MAN.... 5.06 4.68
Norfolk &W
estern R Ii gen g 6s......................
1934*F AA.... 5.22 4.98
do improvement &ext g 6s.......................
.
1932*AA O.... 4 72 4.23
do New River 1st g .................................
1996 A A O*... 4.26 4.26
Norfolk &\Vn Ry 1st con g 4s.........................
... A A O*... 4.49 4.50
do registered.................................... —
do small bonds................................. . -■
•
1944 J A J*--- 4.62 4.
do divisl 1st lien &gen g4s......................
.... J A J......
do do registered,................................
i932*J AD--- 5.00 5.50
do 10-25year conv ..................................
... *J AD.
do do registered..................................
4.71 4,91
1 4 J &D*
91
do Pocahon C&CC Joint 4s...................
o
1910*MAS--- 5.13 5.87
°N rthern Illinois 1st ....................................
1945 A A O*... 4.56 4.46
jN them O 1st gtd g 5s.............................
oi
hio
3.98 3.98
1997 QJ*...
N Pac Ry pr lien ry &Idgt g 4s.......................
4.10 4.11
.... QJ*--.
do registered.........................................
4.23 4.23
2047 QF...
do gen lien Ry A land gnt g 3s..................
4.30 4.30
__QF...
do
do registered...............................
4.18 4,18
1996 J A D * .
do St Paul Duluth div g 4s.......................
.... J A D*.
do
do registered...............................
5.39 5.20
1933*J AJ ..
Nor Pacific Term C 1st g 6s...........................
l o
4.55 4.40
1938 A A O
*
Northn Ry of C 1st gtd g 5s........................
al
1930*J AJ ..
“North W
isconsin 1st 6s..... ...........................
4 75
.
1948*J AJ..
O
gdnsb A L ChamRy 1st gtd g 4s....................
1943 MAS.
O Connecting Ry 1st gtd s f 4s.....................
hio
193S J-...
*Q
O Indian A W 1st pfd 5s.........................
hio
est
4.50 4.33
1 3 * A D..
9 GJ
O River Railroad 1st g 5s...........................
hio
4.42 4.23
1937*A A O.
do geng 5s...............................................
1927 J & J * - - . . 5.22 5.35
O
regon ACalifornia 1st gtd g 5s............... -......
1 4 * AD.... 4.26 4.32
9 GJ
O
regon R R ANav C con g 4s.......................
o
.
1922*F &A--- 5.14 4 38
O
regon Short Line It R 1st g 6s.......................
.1
4.51 4 4
J AJ*
do 1st con g 5s.............. -.......................‘
i .1946 t&D
qq
o
*
4.65 5.05
do gtd refunding g .......................................... IJ2y J A D*... 4.62 5.02
r
J f.
do
do registered..............................
1915 F A A... 4.88 4.62
Oswego A Rome 2nd gtd g 5s..........................
1909*MAS.... 5.04 5 .3 3
“
Ottumwa CF ASt Paul 1st 5s......................
1913 A AO*... 5.63 7.33
O AC Cent Ry 1st gtd g 5s..................
zark her
4.81 4.77
1946*J A D
Pacific Coast C 1st g 5s................................
o
.
1938 F A A*... 4.03 4 04
“Pacific R of M 1st extd g 4s.........................
o
.
1938 J AJ*.... 4 57 4.43
“ 2nd extd g 5s............ ........................
do
1921 J A.J*.... 4.36 4.18
Pennsyl /ania C gtd 1st g 4}s.........................
o
.7
.... J AJ*.... 4 4 4.43
do registered........................................
3.91 4.11
1937 MA S*
do gtd 3}s C tst rgcts ser A .................
ol
1941*F A A.... 4.23 4.50
do gtd 3}s C tr certs ser B....................
ol
3.84 4.69
1916 MA N*
do Trust C certs gtd g 3}s......................
o
3.96 4.20
1942 J A D..
do gtd g3}s trstctfs serC......................
1944 J A D * . . . . 3.92 4.05
do gtd g 3 s trst ctfs ser D......................
A
4.35 4.56
1906*A A O
.
do 4%15-25 yr gtd G loan of................
old




Date.

Quo­
ta­
tion.

Date.

130 June 13,1906
ar.
1221 M 19,1906

117 Jan. 7,1908
ar.
122i M 19,1906

1101 Nov. 21,1906
991 Jan. 16,1906
Feb. 10,1906
102 Oct. 15,1906
1 1 Apr. 2,1906
0
ar.
106 M 1,1906
ar.
1021 M 7,1907
Feb. 1,1908
1O
0
ioii 'July"ie,’1906
1 Jan. 3,1906
261
1 4 Jan. 25,1906
1
1 2 July 30,1906
0;
1 9 Sept. 14,1906
01

110i Nov. 21,1906
85 Oct. 31,1907
84£ Nov. 22,1907
86 ..... do.......
100$ Apr. 2,1906
93 D 2,1907
ec.
lO j O 31,1906
O ct.
99 Dec. 9,1907

1 1 Apr. 10,1907
1
104} Jan. 9,1906
101 £ June 29,1906
104$
11
1
117}
103
110
118

Feb.
Jan.
M
ay
Feb.
Jan.
M
ay

1 0 1 1! J u l y

115
102
86
19
0?

1 6 ,1 9 0 6

O 24,1907
ct.
Nov. 19,1907
Nov. 1,1907
Sept. 14,1906

Continued.
Last sale.

Quo­
ta ­
tion.

D a te.

106
117
122}
108$
110}

Sept. 8,1902
Jan. 7,1908
M 19,1906
ar.
Aug. 1894
Nov. 21.1906
Feb. 18.1908
Jan. 14.1908
94 Feb. 17.1908
100} Apr. 25.1906
99} Jan. 23.1908
102} M 7,1907
ar.
100 Feb. 1,1903
117 July 20.1905
101} July 10.1906
116} Jan. 8,190S
1 2 Nov. 19,1907
0
87} ..... do.......
118 July 25,1904
100? Sept. 14,1906

Feb. 19,1908.

B id ,

A
sked.

78
118}
112
103}
88
’*93}
98}
*97
86
116}
*103}
93
97

110} Apr. 26,1907 110} M 28,1907 *100
ay
85 Nov. 19,1907 98 Feb. 7,1908 *97 * 97}
95} Aug. 19,1907 95} Aug. 19,1907

28,1906
23,1906
25,1906
3,1906
19,1906
3,1906

Dec.
Apr.
Dec.
Oct.
Feb.
Jan.

12,1906 101} Dec. 14,1906 *97
4,1907 105 Apr. 4,1907
17,1907 103 Dec. 17,1907
2,1906 100} Dec. 6,1906
3,1908 921 Feb. 4,1903
28,1908 110* Jan. 28,1908 *99

*90

1 1 Feb. 14,1906
1
132} Jan. 22,1906
130} Feb. 15,1906
127} O 22,1906
ct.
102} M 30,1906
ar.
100 Feb. 16,1906
99} Jan. 30,1906
84} iarl.’'29,1908
2,190(5
95} Jan. 1
99 D 9,1907
oc.
117 Jan. 17.1906
106} Jan, 12,1908
1 6 Jan. 25.1906
0
78} Jan. 24.1906
76 June 25.1906
1 1 Jan, 24.1906
0
1 7 Nov. 14,1906
1
112 Feb. 8,1907
100} Jan. 17,1906

10
0
115
117}
127}
86
9
1
81}
78
75
99
110

Oct. 17,1907
Nov. 21,1907
Jan. 2,1908
Oct. 22,1906
Nov. 23,1907
Sept. 12,1907
Nov. 26,1907
Jan. 2,1908
Nov. 27,1907
Dec. 9,1907
Apr. 23,1907
O 30,1907
ct.
m
D 2,1907
ec.
95
62} Nov. 19,1907
7 " Apr. 16,1907
0
89 Jan. 23,1908
1 2 Feb. 19,1908
1
1 2 Feb. 8,1907
1
84} Jan. 8,1908

100 Oct. 17,1907
120} Jan. 29,1908
117} Jan. 2,1908
127} Oct. 22,1906
95} Feb. 17,1908
91* Sept. 12,1907
87 Feb. 14,1908
Feb. 19,1908
Feb. 17,1908
99 Dec. 9,1907
110 Apr. 23,1907
1 1 Feb. 19,1908
0
98 Feb. 15,1908
71} ..... do........
70
Feb. 15,1907
96 Jan. 28,1908
1 2 Feb. 19,1908
1
112 Feb, 8,1907
129} M 3,1904
ar.
87 Feb. 3,1908

ay
116 M 16.1906
114} Jan. 20.1906
1 2 M 2.1906
0 1 ar.
102 Apr. 5.1906
126 Jan. 23.1906
ay
1 9 M 23.1906
1
97} Jan. 18.1906
ct.
94} O 2.1906
105 Jan. 31,1908
1 2 Feb. 7.1907
0?
1 0 M 1,1906
0 ? ar.
ar.
114} M 12.1906
105 Jan. 11.1906
10 Jan. 25.1906
2}
1 8 June 12.1906
0:
106 Dec. 11.1906
9 . June 8, 1906
0
9 : Jan. 18.1906
2
98 Feb. 19.1906
89 Oct. 22.1906
93 Jan. 30.1906
97} Jan. 16.1907

113} Nov. 30.1906
110} Jan. 5.1906
97} Nov. 18.1907
8 Nov. 23.1907
7
107 Nov. 15.1907
100 Nov. 21.1907
ct.
75 O 25.1907
ar.
87} M 29.1907
103 Aug. 13.1907
ar.
100} M 29.1907
90 Dec. 19.1907
99 Nov. 22.1907
99} Feb. 8,1908
112 Dec. 21.1907
1 0 Nov. 2.1907
0
1 1 July 18.1907
0
90}1June 8, 1906
83 ! M 22.1907
ay
93 ] O 21.1907
ct.
89 j O 22.1906
ct.
9 }j M 20.1906
Q ar.
84 Nov. 20.1907

113} Nov. 30.1906
114} Jan. 20.1906
97* Nov. 18.1907 100
95 Feb. 15.1908
95
117 F e b . 19.1908 117 117}
111} Feb. 14.1908
112
87 Feb. 18.1908
87
87} M 29.1907
ar.
105 | Jan. 31.1908
100} M 13.1907 100}
ay
90 "ec. 19.1907
D
1 4 Feb. 7.1908 *104} *105
0!
104?
99} Feb. 8.1908
*101
112 Dec. 21.1907
*115
103} Feb. 8.1908
103}
1 1 July 18.1907
0
90}: June 8,1906 81}
84 | M 27.1907 85} 88}
ay
93 I O 21.1907 9 1
ct.
2
89 | O 22.1906 84} 89}
ct.
90}; M 20.1906
ar.
93jl Feb. 14.1908
94}

*97} *105
*120}
117
96

101
100}
" ;i

*89
1001
"72'
"96
*113
*87}

1908.

CONGRESSIONAL RECORD— SENATE.

2463

F e b ru a ry SO, 1908— In com e va lu es and quotation record o f active railroad and industrial corporation bonds, e t c —

Jan. 1, 1906, to date.
Title of Loud, rate.

Penn R R C 1st real estate g 4s.
o
con g 5s.
do registered.........................
con g 4s..................................
ten-year conv 3}s......................
ten-year conv g 34s....................
I. registered................................
Pens &Atlantic 1st gtd g 6s..................
Peoria &Eastern 1st con 4s...................
do income 4s..,............................
Peoria &Pekin Union 1st g 6s................
„ do 2d g 4}s................................
Phila Balto &Wash 1st g 4s.................
do registered.............................
Philadelphia &Reading con 6s..............
do registered................................
do 7s...........................................
do do registered...................... .
Pino Creek registered gtd 6s...................
P CC&St L con gtd g 4}s ser A........... .
do series B gtd............................ .
do series C gtd.............................
do series D gtd 4s.........................
do series E gtd g 34s.....................
do series F con gtd g 4s..................
Pitts Cleveland &Toledo 1st g 6s...........
Pitts Fort Wayne &C 1st 7s........... .
hic
do 2d 7s................................... .
do 3d 7s registered......................
Pittsburg Junction 1st g 6s....................
Pitts Junction &M div 1st g 34s......... .
id
do registered................................
Pitts &LE 2nd g 5s series A &B......... .
Pitts LEA West Va System ref g 4s_
_
Pitts M
cKeesport & Y 1st gtd O
s...........
do 2d gtd 6s...............................;
Pitts Shenango &L Erie 1st g 5s............
do
1st con g 5s........................
'Pitts Va &Chari Ry 1st gtd g 4s.........
PittsbuTg &West 1st g 4s.................... .
Pitts Ygstn &Ash 1st con 5s................
Providenco &Springfield 1st 5s.............
Providence Terminal C 1 st 4s.............. .
o
do registered................... ...........
Reading C gen g 4s............................
o
do registered...............................
do Jersey Centl collat g4s.............
do
do registered.....................
'Rensr &Saratoga 1st 7s..................... .
Richmond &Danville con g 6s..............
do deben 5s stamped....................
Richmd &M
ecklenburg 1st g 4s............
Rio Grande Junction 1st gtd g 5s...........
Rio Grande Southn R R C 1st mtg 4s....
o
do
do guaranteed.......... .
Rio Grande W
estern 1st g 4s................ .
do mtge &col tr g 4s ser A............ .
'Rochester &P Usburg 1st g 6s............ .
°do con 1st g 6s..............................
'Rome W&Og con 1st ext 5s cou M cur.
'Rome W&0 Ter R 1st gtd g 5s..........
Rutd Canadian 1st gtd g 4s.................. .
Rutland R R 1st con g 443....................
Saginaw Tusc &Hur 1st gtd g 4s..........
St Jos &Grand Island 1st g 4s...,........
St Lawr &Adirondack Ry lstg 5s........
do 2dg6s..................................
St Louis &Cairo col g 4s......................
St Louis &Cairo gtd g 4s.....................
St L I M &S gen cxi ry &gt 1 g 5s.......
t
do gen con stamped gtd g 5s.
do unifying &refunding g 4s.
do Riv &Gulf divs 1st g 4s.................
St L Kan C&N St Chs B L g 6s................
gt
St L M p &So’eastem gt'd g 41s............
em
St L M
ercnts Bge Ter gtd g 5s..........
St L &San Fr Ry gen g 6s...................
do geng5s............................ .
St L &San Fr R R con g 4s........................
do Southwestern dfv g 5s.................
do refunding g 4a........................
do
do registered.....................
do five-year 4 s gold notes..............
3
St Louis Southern 1st gtd g 4s.......
St L Southwn 1st g 4s Lds certfs......
do 2d g 4s incLds certfs................
do con g 4s...........................
St Paul &Duluth 1st 5s.................
do 2d 5s....................... ......
do 1st con g 4s.......................
°St Paul M & Manitoba 2d 6s.........
inn
°do 1st con g 6s.....................
do
do registered...................
°do g C reduced to 4}s...............
s
do
do registered............
°do Dakota extension g 6s......
do Montana exten 1st g 4s... .
do
do registered............
do Pacific Ext sterl’g gtd 4s..........
St Paul &N Pac gen g Gs...
do registered ctfs.




Highest.
Interest dates, In­
maturity.* come. Yield. Q
uo­
Date.
ta­
tion.
3.85 3.65
1923*M&N .
4.81 4.56
1919 M& S*..
.... QM....
3.99 3.99
1943*M&N..
1912 M&N*.
3.79 5.28
3.94 5.32
1915*J &D...
3.87 4.93
.... J&D...
1921 F &A*.
5.45 4.99
4.52 4.69
1940*A &O..
1990 A........
1921 QF*....
1921 M&N..
1943 M&N*.
3.79 3.72
.... M&N..
3.83 3.77
1911*J &D...
5.47 4.12
.... J &D...
1911*J &D...
6.18 3.43
__J&D...
1932 J&D*.
5.77 5.69
1940 A &0* .
4.23 4.13
1942*A &O..
4.26 4.18
1942 M&N*.
1945 M&N*.
4.03 4.04
1949*F &A ..
3.86 3.95
1953 J&D*.
1922 A &0*.
1912 J &J* ..
1912 J &J*. . 6.06 3.59
1912*A &0..
1922 J &J*. .
1925 M&N*.
4.38 5.23
.... Q Feb...
1928 A &O..
4.67 4.48
1941 M&N*.
4 4 4 63
. 8
1932 J &J*..
1934 J &J*..
1940 A &0*.
4 71 463
1943 J &J*..
1943 M&N..
1917 J &J*.. '459 '5.'20
1927 M&N*.
1922 J &J*..
1956*M&S...
---*M&S...
1997*J &J...
428 429
---*J &J ...
4 47 4 48
1951*A&0..
4 30 4 36
417 4 20
__A &0..
5.54 4 4
1921*M&N..
1
5.62 483
1915*J &J...
1927*A &O..
5.04 5.04
1948 M&N*.
1939 J&D*.. 5.20 5.25
1940 J& J*..
1940
.
1939 J &J*..
4 47 4 04
1949*A &0..
5.42 5.64
1921*P &A..
5.38 4.85
5.11 4.38
1922 J&D*..
1922 A &O..
463 4.24
1918*M&N..
4.71 4-84
1949*J&J...
1941 J &J*..
1931 F &A*.
4.72 4.88
1947*J &J...
1990 J& J*..
4.10 4.08
488 4.87
1996 A &0*.
1930 QF.....
412 420
1931*J &J...
1931*A &0..
481 471
1931*A &0..
4 62 4.43
1929 J& J*..
5.26 6.03
1933*M&N... 488 5.32
1908*A &O... 6.06 7.05
1909 J&D
1930 A &O*.. 4.56 4 31
1931 J &J*... 5.31 5.04
1931 J &J*... 488 4 82
1996 J& J*,„ 446 4 47
1947 \ &O
*
1951 J &J*... 5.44 6.01
1908 .J &D*... 4.70 6.82
1931 M&S* .. 410 416
1989 M&N*.. 455 4.56
1989 J &J. .. 6.11 6.00
1 .W Kr n
Q T
6. 4 7.40
5
1931 F &A*. . 4.36 4.03
1917 A& O*.. 5.01 5.02
1968*J &D— 4.12 4.13
1909 A &0*.. 6.02 6.14
4.71 4 22
1933 J &J*..
7
.... J &J*... 4 5 4.06
1
1
1033 J &J*... 4 3 4 2
1910 M&N*. 6.02 6.09
4.09 4.13
1937*J &D. .
4.03 4.05
1940 J &J....
1923*F &A... '5.'19' '462'
QD

Last sale.

Lowest.
Quo­
ta­
tion.

Date.

106|
105
11
0
1051
11
0
97J
113
11
0
80

ar.
June 19,1906 101 M 4,1907
Nov. 12,1907 105 Nov. 12,1907
Dec. 24,1907 101 Dec. 24.1907
Jan. 22,1906 87 Nov. 15.1907
Jan. 17,1906 83J Oct. 25.1907
Oct. 13,1906 91 July 12.1907
Jan. 28,1908 112 Jan. 10.1907
1
Feb. 8,1906 8 Dee. 24.1907
Jan. 20,1906 37 Nov. 27.1907

1101
1041
1101
1151
107
1121
112*
1001

Feb. 24,1906 1075 Oct. 10,1900
041
Dec. 4,1906 1 Dec. 4,1906
ar.
M 5,1906 1101 M 5,1906
ar.
ar.
M 22,1906 1155 M 22,1906
ar.
Nov. 26,1907 107 Nov. 26,1907
Feb. 2,1906 107 Nov. 13,1907
Jan. 12,1906 106J June 26,1907
M 7,1907 98 Jan. 4,1907
ar.
Jan. 2,1906
Ang. 3,1906

119 June 18,1906

1175 Feb. 2,1906

92 Jan. 10,1906
1071 Nov. 12,1906
991 Jan. 16,1906

80} Dec. 23,1907
1074 Nov. 12,1906
8 Nov. 25,1907
3

120 Jan. 30,1906

1075 Dec. 28,1907

100 Jan."is'l900

Oct."i4,'i907

1021 Jan. 9,1906
1 1 Jan. 6,1906
01
lor M 17,1906
ar.
96 Nov. 27,1906
1334 Dec. 21,1900
116“ M 17,1906
ay
1141 Feb. 13,1906
981 Dec. 23,1907

861
90
85
96}
1281
107
991
97

Oct. 23.1907
Feb. 17.1908
Oct. 26.1907
Nov. 27.1906
Feb. 15.1908
Jan. 7,1908
Oct. 10.1907
Feb. 8,1908

100
92
124
1281
118
95

81
75
114
118
1021
85

Nov. 20,1907
Jan. 29,1908
Jan. 7,1908
June 19,1907
Dec. 3,1907
Jan. 8,1908

Jan.
Jan.
Apr.
Feb.
M
ar.
Feb.

26,1906
20,1906
26,1906
23,1900
3,1906
26,1907

941 Jan. 25,1906
122 Jan. 18,1906
125 Feb. 3,1908
981 June 5,1906
1 7 Jan. 20,1906
1^
109“ June 13,1907
93 M 28,1906
ay
96 Feb. 28,1906
102 Jan. 8,1907
111 June 22,1906
1281 Nov. 28,1906
113J Jan. 26,1906
93 Nov. 7,1906
88 Feb. 5,1906
98 Nov. 30.1906
ar.
97 M 26.1907
99J Jan. 23.1906
89 June 7.1906
82 Jan. 8.1906
1 7 July 18.1907
11
110 Feb. 27,1006
Jan. 10.1906
M 27.1906
ar.
1371 Jan. 31.1906
134 Dec. 17.1906
1 2 Jan, 27,1900
11
1 1 M 10,1906
1
ar.
104* Jan. 18,1906
1 0 Oct. 3,1906
01
"i25 Apr. * 3,i906

Continued.

Quo­
ta­
tion.

Date.

105 Jan. 31,1908
105 Nov. 12,1907
101 Dec. 24,1907
93* Feb. 19,1908
8 ] — do........ .
9
91 Julv 12,1907
113 Jan. 28,1908
90 Jan. 30,1908
50 Feb. 19,1908
1 Jan. 18,1905
231
100* Dec. 5,1905
1071 Oet. 10,1906
104? Dec. 4,1906
1 M 5,1906
105 ar.
ar.
1155 M 22.1906
118 Jan. 7,1905
107 Nov. 26.1907
108 Jan. 27.1908
107* J u l y 39.1907
1125 June 12,1905
100} M
ar. 7,1907
9 Feb. 13.1907
1
ar.
119} M 7,1904
127| Oct. 21,1902
119 June 18,1906
119 Apr. 11,1904
120 Oct. 11,1901
801 Dec. 23,1907
107} Nov. 12,1906
90} Feb. 13,1908
139 Jan. 21,1903
107} Dec. 28,1907
98 July 14,1897
88} Oct. 14,1907
116 M 24,1905
ay
94 Feb. 19,1908
90 Feb. 17,1908
94} Feb. 18,1908
9-2 Nov. 27,1906
6
128} Feb. 15,1908
107 Jan. 7,1908
99} Oct. 10,1907
98 Feb. 18,1905
97 Feb. 8,1908
76 Dec. 20,1905
89 Jan. 4,1905
90 Feb. 11,1908
75 Jan. 29,1908
114 Jan. 7,1908
118 Juno 19,1907
110 Feb. 14,1908
85 Jan. 8,1908
106} Oct. 24,1905
85 Jan. 28,1908
122 Jan. 18,1906
125 Feb. 3,1908
92} Aug. 15,1900
106 Feb. 19,1908
109} June 13,1907
74 Feb. 19,1908
87 Apr. 23,1904
83 Feb. 10,1908
ay
100 M 28,1907
111 Nov. 31,1906
1131 Feb. 6,1908
103} Feb. 19,1908
90 Jan. 20,1908
102} Apr. 7,1905
09} Feb. 19,1908
98 Nov. 30,1900
97 M 20,1907
ar.
89 Feb. 10,1908
66 Fob. 15,1908
63 ----do.........
100 Oct. 15,1907
106} M 7,1907
ay
9 7 Oct. 20,1906
8
101 Dec. 13,1907
128 Feb. 11,1908
134 Dec. 17,1906
105 Feb. 7,1908
110} Apr. 15,1901
100 Nov. 13,1907
98, Feb. 10,1908
100} Oct. 3,1906

82 June 24,1907
122 Jan. 18,1906
125 Feb. 3,1908
921 Aug. 15,1906
100 Nov. 21,1907
1091 June 13,1907
70 Nov. 19,1007
80 Dec. 10,1907
100 Apr. 23,1907
110’ Nov. 30,1906
110 Nov. 4,1907
991 Nov. 18,1907
90 Jan. 20,1908
661 Nov. 25,1007
951 Jan. 29.1906
ar.
97 M 26.1907
80 Nov. 20.1907
60 Nov. 20.1907
54* Nov. 23.1907
100 Oct. 15.1907
ay
1061 M 7.1907
9 1 Sept 5.1906
8
1 1 Dee. 13.1907
0
119 Nov. 22.1907
134 Dec. 17.1906
102 Dec. 17.1907
100 Nov. 13,1907
931 Dec. 12,1907
1001 Oct. 3,1906
iiej Sept'.26,'i907 'iioi S
ept'.'26,'i907‘
132 July 28,1899

Feb. 19,1908 .
B id .

Asked.

92}
89}

93}
89}

87
45
103
*102}

*90}
55
*97

*118}
107
106} *1 9
0}
102
85}

*99
100}
*115}
*110

94
90
125

94}
'95'

7 *76
2
*1|
14
* 1|
16

72
74
83
ioif
*114}
69}

*107
75}
*84}

105}
70

*95 *100
*65}
63
98
103}
120}
104| *106}
104
*98} *98}
“90}
115

F ebeuaby 25,

CONGRESSIONAL RECORD— SENATE.

2464

Febru a ry 2 0 , 1 9 0 8 - In com e values and quotation record o f active railroad and industrial corporation bonds, e tc .-C o n tin u e d .

Jan. 1, 1906, to date.
Title of bond, rate.

Interest dates, In­ Yield.
e.
maturity.* com
Q
uo­
ta­
tion,

Highest.
Date.

Last sale.

Lowest.
Q
uo­
ta­
tion.

Date.

Quo­
ta­
tion.

Date.

Feb. 19,1908.
Bid. Asked.

5.19 4.28 124? Feb. 14,1906 110 Oct. 11,1907 117} Jan. 27,1908 116 *118}
1919*A &0..
°St Paul A Sioux City 1st g 6s.............
80
*82
1943*J &J...... 5.03 5.29 90 Jan, 25,1906 70 Oct. 29,1907 110 Feb. 17,1908
San A &Aran Pass 1st gtd g 4s...........
Oct. 4,1905
1919*1 &J..
San Fran &Nor Pac 1st sk fd g 5s.......
16,1906
1942 M&S*.... 4.91 4.90 1124 Jan. 30,1906 102 Aug. 6,1907 102 Sept. 25,1907
Santa Fe Pres &Phoenix Ry 1st g 5s...
132} Jan. 30j1906 132} Jan. 30,1906 110}
4.58 4.09 132J Jan.
1934*AA 0.
Savannah Florida &W 1st g 6s......
estn
112? Jan. 26,1901 *100
1934*A A O.
do 1st g 5s............. . — ............
103 Apr. 7,1906
Dec. 31,1907 93 Feb. 14,1908
1989 M&N*... 4.36 4.37
Scioto Val &N E 1st gtd g 4s..............
92 Jan. 17,1906
Feb. 4,1908 47 __do........ *45
48}
8.80
1950*A AO..
Seaboard Air Line Ry g 4s..................
__*A &0..
do registered.............................
Dec. 27,1907 90 Dec. 27,1907
5.61 8.75 1044 Oct. 29,1906
1911*M&N..
do coll tr refdg g 5s....................
ay
M 1,1907 106 M 1,1907
ar.
ar.
1926 J &J*--.. 4.75 4.58 no M 22,1906
Seaboard A Roanoke 1st 5s.................
do do Coupon off...................
*1 03 ?
M 12,1907 105 Aug. 2.1907
ar.
4.81 4.77 1081 Apr. 3,1906
1943 J &D
*
Sher Shreve &So 1st gtd g 5s.... ........
July 16,1907 94 July 16.1907 *80
1918 J A J*--- 4.27 4.72 99} Apr. 5,1906
Sil Spgs O A GR R &id g gtd g 4s....
c
102 Jan. 20,1903
1924 J AJ*--Sodus Bay A Southern 1 st g 5s............
1949 J A D --- .4.82 4.98 95J Feb. 9,1906 70 Oct. 29,1907 84 Feb. 17.1908
So Pac C g 4s (Cent Pac collat)..........
o
83
Y... J A D .... 4.76 4.76 92 Apr. 4,1906 84 June 1,1907 84 June 1.1907
do do registered....................
ay 1,1906
1910+ &D .... 4.42 8.40 lO l: M 14,1906 911 Feb. 18,1908 91} Feb. 18.1908
J
do two-five yrs coll trust 4s........
C Dec.
98} Jan. 3,1908 98} Jan. 3.1908 99
1909 J A J...... 6.10 7.72
So Pac of Ariz gtd 1 st g 6s.................
1910 J &J...... 6.00 6.32 107 : Apr. 28,1906 100 Nov. 29,1907 101} Dec. 2.1907 99}
do
do......... ........................
12
0
1912 A A O*... 5.61 4.55 1 3 Feb. 15,1906 1 7 Apr. 2,1907 107 Apr. 2.1907 104
So Pac of C 1st g 6s ser E A F.........
al
1912*A AO...
do
do do........................
M 2,1907 116 M 2,1907
ay
1937 MA N*... 4.31 4.07 119 1Jan, 3,1906
ay
do 1st gtd g 5s..........................
89}
Nov. 23,1907 89} Feb. 18,1908
1955*J A J...... 4.57 4.59 97Ji June 26,1906
Southn Pac RR C 1st ref m gtd sf 4s
o
ge
1?
88}
1994 J AJ*.... 5.79 5.80 1 9 ! Feb. 15,1906
Jan. 24,1908 87 Feb. 19,1908 87
Southern Railway 1st con g 5s...........
1?
.... J AJ*.... 4.46 4.45 1 7 ; Jan. 25,1906
Nov. 20,1906 114 Nov. 20.1906
do registered............................
1?
100
1996*J AJ...... 5.01 5.01 1 9 ' June 8,1906
Jan. 29,1907 100 Jan. 29,1908
do M phis div 1st g 4}s-5s........
em
. .TAJ......
do do registered....................
75
1951 J A J*.... 5.43 5.65 99}; Jan. 24,1906
Jan. 13,1908 74 Jan. 31,1908
do St Louis div 1st g 4s..............
.... .TAJ*..
do do registered....................
5.24 5.54 1081 Feb. 5.1906 95 Nov. 13,1907 96 Dec. 10,1907 *95} *97}
1919*MAN..
South Carolina &G 1st g 5s.............
a
ay
1936 F A A*... 4.56 4.40 111 M 4.1907 110? Apr. 25,1907 111 M 4,1907 *102
ay
So &Nth Ala con gtd g 5s.................
1937 J AJ*
South Pac Coast 1st gtd g 4s.............
5.84 5.24 105} M 16,1906 103} Jan. 7,1907 104 M 9,1907
ay
1911*J AJ.
ar.
South Pac of New M 1st g 6s...........
ex
1939 J AJ*
117 July 25,1900
Spokane Falls A North 1st g 6s..........
1943*J A D.
100 Nov. 22,1904
Staten Island Ry N Y 1st gtd g 4}s--1936 J AJ*
°Sunbury &Lewiston 1st g 4s...........
1939 A A0*... 4.20 4.10 112 Jan. 16,1906 108} Jan. 28,1907
0
Jan. 29,1907 1 1
Terminal Asn of St L 1st g 4}s...........
1944 F A A*... 4.52 4.42 120? Feb. 5,1906 9 Nov. 30,1907
7
Feb. 6,1908 106}
do 1st con g 5s...........................................
4.04 4.05 100} Feb. 26,1906 86 Dec. 4,1907 99} Jan. 30,1908 90
1953*J AJ.
do gen refunding skg fd g 4s.......
__J AJ.......
do do registered— .............
1912 MAS*... 5.74 5.05 111} Jan. 6,1906 107} Feb. 27,1907 107} Feb. 27,1907
Texas &New O Sabine div 1st g 6s
rlns
pr.
do con g ........................................................ 1943J AJ*..... 5.24 5.28 110 A 10,1906 95} Jan. 28,1908 96 Feb. 6,1908
ct.
Tex &O 40-year 1st gtd g 5s.................................... 1943 MAS*... 5.01 5.01 109} Feb. 13,1906 100i O 2,1907 100} O 2,1907
k
ct.
2000*J AD..... 4.55 4.54 124 M 17,1906 104 Dec. 3,1907 1 1 Feb. 18,1908
ay
*111}
1
Texas &Pacific Railway 1st g 5s............................... 2000 M
ch....... 5.56 5.56 102 Jan. 9,1906 85 July 24,1906 92 Nov. 8,1906
do 2d g income 5s..........................................
do Louisiana divB List g5s..................... •...... 1931 J AJ...... 4.55 4.33 110 Feb. 23,1906 108} M 6,1906 no M 29,1906
ar.
ar.
Toledo &O Central 1st g 5s.................................. 1935 J AJ*.... 4.83 4.76 115} Feb. 9,1906 100 Nov. 25,1907 103} Jan. 9,1908 105
hio
115 O 28,1905 1 1
0
ct.
do W
estern div 1st g ........................................ 1935 A A0*...
ay 25,1906
do gen g ........................................................ 1935*J AD..... 5.25 5.33 109 M 24,1906 95 Dec. 6,1907 96 Jan. 16,1908 95
1917 J AJ*.... 4.99 6.90 93} A
pr.
83
76} Jan. 7,1908 80} Feb. 10,1908 80
Toledo Peoria &W
estern 1st g 4s..............................
13,1906
Toledo St L &Wprior lien g 3}s............................... 1925 J AJ*.... 4.31 5.17 90 Jan. 13,1907 75 Nov. 22,1907 81} Jan. 24,1908 83} 87}
.... J AJ*.... 4.18 4.86 85 M
ay
85 M 13,1907 85 M 13,1907
ay
ay
do registered..................................................
Nov. 26,1907 70 Feb. 11,1908
do fifty year g ................................................ 1950*A AO.... 5.84 6.10 84} Jan. 24,1906
AA0
do do registered........---------- —
......... 1... J AJ.
4.39 4.33 103 Aug. 8,1907 97 Aug. 5,1907 103 Aug. 8,1907 100}
Tol W
alhonding Vy &O1st gtd bnds 4}s senes A........ 931
do 4Js series B....... ........................................ 1933 J AJ.
1942 MAS
do 4s series .................................................... 1946 J
95
95
Toronto Hamilton &Buffalo 1st g 4s......................... 192S*J AD--- 4.22 4.27 113} Dec. 31,1906 102 Dec. 31,1906 95 Dec. 31,1906
19,1906
O
ct.
Ulster A Delaware 1st con g ..................................... 1952 AAD--- 4.81 4.68 9 - Feb. 13,1906 93 Jan. 16,1907 105 Jan. 31,1908 *101 *105
4 Aug.
8,1906 93 Sept. 27,1906
AO*... 4.40 4.47
do 1st ref g .....................................................
ct.
AJ*.... 4.05 4.06 m \ Jan. 9,1906 92} O 30,1907 99} Feb. 19,1908 99} 100
Union Pacific 1st R R &Idgt g 4s............................. 1947JJAJ*.
0;
4.01 4.01 1 6 Jan. 17,1906 93 Nov. 22,1907 100 Feb. 6,1908 98
...
do registered...................................................
ct.
5
do 20-year Conv 4s........................................... 1927 J AJ*.... 4.72 5.28 87 Jan. 18,1908 78} O 24,1907 8: Feb. 19,1908 84} 85?
.... J AJ*
• do do registered.......................................... 1944*MAS__
110} Sept. 28,1904 100
'United N J R R A C C gen ................................ 1917 A A 0....
an o
97 Jan. 3,1602
*91
Utah Central 1st gtd g ............................................ 1908 J AJ*.... 7.17
0 }!
16,1906
Oct.
Oct.
Utah &Northern 1st 7s.......................................... 1626 J AJ*__ 4.75 4.57 1 5 Jan. 27,1906 100 July 22,1907 100 July 22,1907 *1001
110 June
105}
3,1907 1 5
01
3,1907 *98}
do g .............................................................
0
ct.
ct.
'Utica &Black River gtd g .................................... . 1922 J AJ*.... 3.93 3.84 1 4 July 24,1906 103 O 17,1907 103 O 17,1907 96} *100
Vandalia R R con g 4s........................ ,.................. . 1955*F A A.... 4.28 4.32 105 Jan. 16,1906 102} Feb 1,1906 102} Feb. 1,1906
... F A A__
do registered.................................................. 1934 J AJ*.... 4.64 4.70 98 Sept. 13,1906 98 Sept. 13,1906 | 98 Sept. 13,1906
Vera C A Pacific 1st gtd g 4}s. ...
ruz
do
1st mtg gtd bonds of scaled mt to 1910
Speyer &C coupon......................................... 1934 J AJ..
o’s
4.67 4.45 107} Apr. 13,1906 0 }]
13,1906
Verdigris Val Ind A W1st g ................................... 1926*MAS.... 5.65 5.80 1 9 June 15,1906 1 7 , Apr. 13,1906 107? Apr. 15,1906
0
109 June 15,1906 109 June
911 MAS..
Virginia M serial mtg B 6s
idi
............ 1 MAS..
....
do small...........
do
do
123 | Feb. 28,1902
1916*MAS..
ser C6s..................
do
do
.... MAS..
do small...........
do
Dec. 12,1906
do
Nov. 12,1906 1 0 8 } D e e . 1 2 ,1 9 0 6 *100
4.67 4.33
1621*MAS..
ser D 4-5s...............
do
do
__MAS....
do small...........
do
do
ii3
D e c . 20, i9 0 5
1926*MAS__ I
ser E 5s..............
do
do
... MAS....
do small...........
do
do
115} Nov. 2,1905
1 3 MAS....
91
ser F 5s..................
do
do
16,1906
Oct. 12,1907 103 Oct. 12,1907
100
1936*MAN-,.. 4.96 4.95 114} Jan. 25,1906
do gen 5s...................... •••
114}
M 1,1907 107 M 1,1907
ay
ay
1936*MAN.... 4.67 4.56 114} Jan. 2,1906
Nov.
do do guaranteed stmpd..
Jan. 7,1908 99 Jan 7,1908 100
5:06 5.06
2003*J AJ...... 4.73 4.66 l i d Jan. 30,1906
virgi:
107
Nov. 7,1907 107 Feb. 18,1908
1939*MAN....
o
W oash Railroad C 1st g 5s.
abf
Feb. 10,1908 87l! __ do........
91
1939*F A A.... 5.72 5.89 109 .....do........
do 2d g 5s..................
Jan. 9,1900 90 j June 27,1907
6.90
1939 J AJ*-.-- 13.17 7.03 98 June 7,1906
s........
do debenture series AC
86} June 8,1906
Nov. 21.1907 40 Feb. 19,1908
1939*J AJ*.-.do
B G --s--do
ar.
Sept 10,1906 102 i Feb. 6,1908
1921*MAS--- 5.01 5.02 102 M 27,1907
do 1st lien equipment s fd g 5s.
ar.
M 9,1906 93 M 24,1906
ar.
ar.
1954*J AJ...... 4.35 4.41 93 M 9,1906
do 1st lien fifty yr g term 4s...
. J AJ..
do do registered............
66} M 9,1907 36 Nov. 4,1907 38 Feb. 19,1908 38} 3 9 }
ay
1956 J AJ.*
do 1st ref A ext 50-yr \ % ---do do registered............
1 J AJ*--- 4.88 4.85 111? Nov. 21,1906 104 Sept. 20,1907 104 ; Oct. 22,1907
941
hic
do Det A C Exten 1st g 5s.
97 i Nov. 16,1904
1939*J A J--do Dos M
oines div 1st g 4s. . .
M 1,1906
ay
Feb. 13,1907 80 ] Feb. 15,1907
?
1 A A O*.. 4.45 4.77 85} June 25,1907
941
do Om div 1st g 3}s.......
aha
July 20,1906 96}I June 25,1907
1941+M&S... 4.21 4.28 96}l
do Tol &C div 1st g 3s—
hic




1908.

CONGRESSIONAL RECORD— SENATE.

2465

F e b ru a ry SO, 1908— In com e values and quotation record o f active railroad and industrial corporation bonds, etc.—

Continued.

Jan. 1, 1906, to date.
Title of bond, rate.

Vvabash-Pitts Terml Ry 1st g 4s__
do 2d g 4s......................
^ arm Springs Valley 1st g 5s........
W
arren ltd 1st rfdg gtd g 3*s.......
'V
ashington Centl Ry 1st g 4s........
I ash O A Wn 1st cy gtd 4s.......
V
hio
n ashington Terminal 1st gtd 3*s...
do registered........................
W
eathrfd MV &N\v Ry 1st gtd 5s.
V
Vestem M
V
aryland 1st g 4s............
«estn M
aryland gen lien &env g 4s.
estem N Y &Penn 1st g 5s.........
do gen g 4s...........................
do inc 5s.............................|
IJestn North C 1st con g 6s.........
ar
W Shore 1st 4s gtd...................
est
do registered....................""
n est Va Cent &Pitts 1st g 6s........
W
heeling &Lake Erie Ry 1st g 5s...
do W
heeling div 1st g 5s.........
do extension A im g 5s.........
p
* heel &L Erie It R 1st con g 4s._
>
do 20-year equip s Id g 5s........
Vllkesb A Eastern 1st gtd g 5s.......
V
W ar &Sioux Falls 1st g 5s.......
ilm
do registered........................
W
inchester Ave R R C 1st 5s........
o
'>iscon C Ry 50-year 1st gen g 4s..
en
W A Conn Eastn Rv 1st 41s........
or

Interest dates, In­ Yield.
e.
maturity.* com

1954*J &D....
3954*J &D....
1941*M&S....
2000 F &A*...
1948 Q Mch*...
1924*F &A....
1945 F &A....
1945 F &A....
1930 F A A*...
1952 A & O*...
1952 A &O*...
1937*J &J......
1913*A &O....
1943 Nov.......
1914 J &J*__
2361*J AJ......
... * AJ......
J
1911 J AJ*__
1926 A &O*...
1928 J A J*....
1930*F &A....
1949 M&S*...
1922*J &J......
1942*J A D.....
1938*J AD.....
.... J AD.....
1912 MA N*...
1949 J A J*....
1943*J A J......

Quo­
ta­
tion.

Date.

Last sale.

Lowest.

Highest.
Quo­
ta­
tion.

Date.

90J Feb. 1,1906
41* Jan. 20,1906

Feb. 18,1908
Feb. 10,1908

ay
93 M 9,1906
904 Jan. 19,1907
87J July 19,1907

ay
91 M 1,1906
94* Oct. 19,1906
87 July 17,1907

Feb. 19,1908.

Date.

Bid. Asked.

Q
uo­
ta­
tion.

4.35
4.24
4.06

4.53
4.49
4.24

7.02
4.52
4.62
5.71
3-98
4.00
5.66
4.75
4.63
5.80
5.10
5.00
4.35

7.12
4.36
4.81
5.09
3.98
4.00
4.35
4.57
4.42
6.05
5.19
4.99
4.11

882 Jan. 24.1906 57* Feb. 18.1908
9
76* Feb. 2.1906 3 3 Feb. 13.1908
ar.
08*!
118 M ^2,1906 1 Jan. 13.1908
97§ Jan. 30.1906 87* Jan. 22.1908
34 Feb. 1.1907 30 Jan. 19.1906
1144 June 22.1906 106* Sept. 26.1907
109 Jan. 26.1906 94 Nov. 23.1907
1071 Jan. 4,1900 92* Nov. 22.1907
109 June 13,1006 106* Aug. 1.1906
114 Jan. 3.1906 103 Jan. 27.1908
112* Feb. 9.1906 110 Dec. 6.1906
93* Jan. 22,1906 71 Dec. 16,1907
98* Jan. 2,1908 98] Jan. 2,1908
113 Apr. 12,1906 101 Feb. 5,1908
115* Dec. 31,1909 115* Dec. 31,1906

4.85

5.02

95 Jan. 12,1906

72* Nov. 22,1907

42? Feb. 18.1908
1 * Feb 19.1908
0
113} Feb. 17,1905
102 Feb. 2,1903
93 M 9,1906
ay
9 | Jan. 19,1907
G
8 ; July 19,1907
7
1 6 Nov. 7, 1904
0*
5 * Feb. 18, 1908
7
3 * Feb. 13, 1908
9
111 Jan. 31, 1908
87* Jan. 29, 1908
34 Feb. 1, 1907
106* Sept. 26, 1907
1 1 Feb. 17, 1908
0
1 0 .....do..
0*
106* Aug. 1, 1906
1 7 Jan 31, 1908
0
110 Dec. 6, 1900
111* Aug. 25. 1905
7 Feb. 13, 1908
1
98} Jan. 2, 1908
1 1 Feb. 5, 1908
0
115} Dec. 31, 1906
115 Apr. 24, 1896
83 Feb. 18,1908

1.02
1.92

1.78
1.78

100 Nov. 8,1907
1 6 M 12,1907
0 * ar.

103* Jan. 11,1906
103 Jan. 15,1906

2.96
2.97
2.99
3.30
3.31
1.90

2.86
2.88
2.97
2.61
2.49
1.78

103
104:
104'
11
3*
132}
105*

101
10
0*
102
118*
119
105*

3.14

2.54

118 June 12,1906

117* June 14,1906

117* June 14,1906

3.64
3.71

3.43
3.55

1 1 M 8,1906
1
ay
108f Feb. 20,1906

109* Jan. 30,1906
108J Feb. 26,1906

111 M 8,1906
ay
108* Feb. 26,1900

5.11
5.16
5.02

5.61
5.69
5. .5
8

Feb. 2,1900
Jan. 9,1906
Jan. 12,1906

83? O 25,1907
ct.
831 Jan. 18,1908
75 Oct. 28,1907

4.95
5.15
5.06
4.31

4.95
5.06
4.39

108
1002
101*
90

Jan. 30,1906
Oct. 18,1907
M 22,1906
ar.
M 28,1906
ay

Nov. 22,1907
Nov. 6.1907
Nov. 8;i907
Dec. 2,1907

103* Feb. 18,1908
98 Nov. 6,1907
99* Feb. 14,1908
93* __ do........

4.02
4.04
4.04
4.96
3.29
3. ij

4.09
4.36
4.30
3.80
4.80
3175

100
101
10
0*
126
96J
97*

Feb. 18,1908
July 23,1906
Apr. 8,1907
M 6,1907
ar.
Aug. 20,1906
Nov. 28,1906

Feb. 18,1908
Apr. 8,1907
..... do......
June 18,1906
Oct. 1,1907
Oct. 22,1906

Ill M 20,1904
arv
100 Feb. 18,1908 *96
100}- Apr. 8,1907 *96m .
100{!..... do........
126 ! M 0,1907
ar.
95*
92}| Oct. 11,1907 93
9 * Nov. 28,1900
7;

9.52

43
10
78*.
82
78
57
’ioo*
*100
*100*

90*
60
639

1001

*103

......

95*

*109

IO
C}

82

821

104 Feb. 11,1908
104* Jan. 20,1908

104
104

104*

101*
101
102
119
11
2
105*

1003
10
0:
100*
118*
120
103

101*
101*

V . S. GOVERNMENT SECURITIES.

United States con 2s registered..............................
do con 2s coupon...................................... ” ’
do con 2s regisd small bonds................
do con 2s coupon small bonds........................ "
do 3s registered.*.......................................J90Sdo coupon............................................... 1908do 3s registd small bonds.............................1908do 3s coupon small bonds............................1908do 4s registered.....................................
do 4scoupon............................
do Pan Canal 10-30 yr 2s regstd.........................
do do coupon............................... ..
do do registered small...................
do do coupon small...............................
■istrict of C um a 3-65s.........................!...!!!.!
D
ol bi
do small bonds................................ ..............
do registered.........................
Philippine Islands land pur 4s..i914^-.........!!!"!!".!!!
do publ works A imp reg 4s..............
Philippine Is 4%Public W
orks and Imp Ten-Thirty-yr
Reg Bonds................................... ................ .
F R IG G V R M N S C R IE .
O E N O E N E T E U IT S
Frankfort-on-the-M Germany, loan 34s series 1.
ain,
Imper Japanese Gov 4*s ster loan........................
do second series........................................
Imperial Jap Gov 4s sterling loan eou bearer bonds.
Imper Russian Gov State 4%Rente.................... .
Quebec 5s.................. .....................................
Republic of Cuba g 5s extern debt......... !!!!"!"!!!
do roistered........................................"
US of M Exterghl Ins of 1899 s f 5s.....
ex
’
U S of M 4s gold debt 1904 ser A..................
ex
do
do
do
serB........................

1930 QJan.
1930 QJan.
1930 QJan.
,
1930 QJan.
1918 Q F...
1918 Q F...
1918 Q F...
1918 Q F...
1925 Q F*..
1925QF*..
1936 Q F...
1936 QF........
1936 Q F........
1936 Q F........
1924 F A A__
.... F A A__
.... F A A ....
1934 Q F*.......
1935 QMch--1936 QFeb.
1S MAS
0I
1925*F AA 15..
.... J AJ 10*..
1931 J A J...
.... MAS..
1908 M& N . .
1904 MA S..
.... MAS....
^„
Q J
ig.54 J A D*...
1954 J A D

Apr.
M
ar.
M
ar.
Aug.
Apr.
Oct.

4,1906
26,1906
28,1906
31,1906
4,1906
9,1906

Nov. 20,1907
Nov. 26,1907
Dec. 10,1907
Jan. 10,1908
Nov. 4,1907
Oct. 9,1906

Feb.
Feb.
Dec.
Feb.
Feb.
Oct.

4.1908
8.1908
10,1907
10,1908
17,1908
9,1906

6
Feb. 19,1908 8
5
Feb. 18,1908 8
----do........ 77*

120

86*
85*
78*

103 *103*
98* ” '99*
93} 94*

STATE SECURITIES.

Alabama currency funding 4s............
Louisiana new con 4s.......................
do do small bonds............. .
North Carolina con 4s......................
do small.................................
do construction 6s....................
South Carolina 4*s 20-40...................
Tennessee new settlement 3s.............
do registered...........................
do small bonds...................... 1
do 4*s....................................
do penitentiary 4*s..................
Virginia fund debt 2-3s of.................
do registered......................... .
do 0s deferredcts issue of 1871...
do do Brown Bros. AC cfs do.
o

1920*J AJ..
1914 J AJ*.
1910 J A J*.
.... J A J..
1919*A A O.
1933*J A.T..
1913 J AJ*.
.... J AJ .
.... J AJ*.
1913 A A O.
1913 A &O.
1991 J A J*.
.... J A J..

100
100}
100*
122
91*
95*

3.13 3.15
A25 ‘3.27

96* Jan. 19,1906
ay
93} M 2,1907
30* July 10,1906

94* Sept. 6,1900
93* M a y 2,1907
20 J a n . 11,1906

5.16
5.45

5.23
5.74

99* Jan. 7,1907
93* Dec. 12,1907

98 Aug. 23,1907
93* Dec. 12,1907

6.31 6.50
C4 12.00
.1

105 Jan. 22,1900
102* Jan. 27,1906

Oct. 23,1907
Nov. 18,1907

9 * Jan. 2,1907 *90
5;
93 1 Sept. 23,1904
93} M 2,1907
ay
25 Feb. 14,1908 ”23'

91*

COAL AND IRON.

Bufi a Susq Iron C 1st s f 5s....................................
o
do 25-year deb g 5s................................
Cahaba Coal MC 1st gtd g 6s........................ """"
o
Clearfield Bituminous Coal Corp’n 1st s f int gtd g 4s ser A.
do small bonds ser B......................................
Col Coal A Iron Dev C gtd g 5s.........................
o
do coupons oil..............................................
C Fuel &Iron C gen s fd g 5s.................................
ol
o
do con deb g 5s..............................................
do do registered,..........................
Otlorado Fuel C gen g 6s.........................................
o
XLII----- 155




1932 J A D*....
1926 MAS ....
1922 J &D* ...
1940 J A J......
.... J A.T......
1909 J A J*__
1943*F A A....
1911 F & A*...
.... F&A__
1919*MAN....

98 : Aug. 28,1907
93*; Dec. 12,1907
102 j Dec. 28,1903
95 ] Apr. 3,1902
55 j Nov. 2,1900
79* Feb. 19,1908
75 Nov. 18,1907
1 7 -O 7,1904
0
ct.

103

79*




CONGRESSIONAL RECORD— SENATE.

2466

Eebbuabi 25,

F ebru a ry SO, 1008— In com e values a n d quotation record o f active railroad and industrial corporation to n d s , etc.—

Jan. 1, 1906, to date.
Titlo of bond, rate.

C Inds 1st mtge &col ti gt 5s........
ol
do registered.........................
Consol Ind C C 1st 30-yr s M5s. ..
oal o
Continental Coal 1st s fd gtd g 5s......
Grand River Coal A Coke 1st g 6s--De Bardeleben C&I C gtd g 6s......
o
Jefisn &C
learfd Coal &lrn 1st g 5s...
Kanaw &Hock CAC1st gtd s f g 5s.
Lehigh. V y Coal C 1st gtd g 5s.......
I
o
do registered................. .
do 1st 40-yr gtd int red to 4%...
do registered.........................
Lehigh A W
ilkesb Coal con 5s..........
do con extended gtd 4Js... --—
Pleasant Valley Coal 1st g sk fd os...
Roch &Pitts C&Ir C pur my 5s...
o
Sunday Creek Coal 1 st g sk fd 6s----Sunday Creek C 30-yr col tr s f 5s.. o
Tenn C Ir &R R gen 5s.............
oal
do Birmingh div 1st con 6s......
do Tennessee div 1st g 6s.........
Utah Fuel C 1st s fd g 5s..............
o
Victor Fuel C 1st mtg skg fd 5s......
o
Virginia Iron Coal ACoke 1st g 5s—
GAS

Highest.
Interest dates, In­ Yield.
maturity* come.
Quo­
ta­
Date.
tion.
1934 F &A*..
F A A...
1935 J &D....
1952*F &A...
1919 A &O--1910*F &A__
1926*J A D.....
1951 J &J*....
1933*J &J......
.... J &J......
1933 J A J......
.... .1 &J......
1912 M&N*...
1910 QM.......
1028 .T&J......
1940 M&N__
1912 J A D.....
1944 J AJ......
1951 J &J*....
1917*1 &J......
1917 A &0 ....
1931 M&S
1953 J &J*__
1949*MAS__

77 Aug. 17,1906
5.88 5.77
6.17 7.21
4.83 4.81
4.78 4.70

12
01
103
1051
115J

Apr.
Feb.
Dec.
Jan.

5.15 5.66
4.56 4.99

102!
102J

Last sale.

Lowest.
Q
uo­
ta­
tion.

Feb. 28,-1906
Jan. 18,1906

Continued.

Date.

Quo­
ta­
tion.

35 Nov. 25,1907

25,1 0 102J Apr.
9G
19,1906
Doc.
5,1906 105! Dec.
19,1906 100 Oct.

Date.

reb. IS, 1908.
Bid.

A sked.

Feb. 18,1908

107|
25,1906 102|
2,1907 100
107
5,1906 105!
16,1907 100

Jan. 6,1908
Dec. 7,1907

7.68 11.80 78| Jan. 3,1907
6.46 6-07 781 Jan. 18,1907
5.65 5.73 101! Jan. 27,1906
5.87 5.08 Ill June 20,1900
5.91 5.79 no! Feb. 20,1906
5.39 5.43
Feb. 28,1907
5.96 6.07
Aug. 14,1906

98
99J
105
78! Jan. 3,1907 78!
69!’ Dec. 18,1906 78
80 ! Nov. 7,1907 89
99 I Nov. 4,1907 103
97f Dec. 18,1907 103
93! Feb. 28,1907 93!
77! Nov. 6,1907 86*

5.18
8.60
5.08
5.81
5.10
5.30
5.05
4.30
5.11
4.50
5.52
4.40
4.03
4.95
5.16
5.70
4.95
5.04
4.42
5.06

Dec.
Apr.
Jan.
M
ay
Dec.
Oct.

12,1904
25,1906
13,1908
22,1897
5,1906
16,1907

Jan.
Jam
Oct.
Jan.
Feb.
Feb.
Feb.
Feb.
Feb.
Feb.

6,1908
29,1908
24,1900
3,1907
15,1907
7,1908
19,1908
11,1908
28,1907
8,1908

*95

104

110

931 .
98 *99

103*

104*
104

84

AND ELECTRIC LIGHT.

Atlanta Gas Light C 1st g 5s........... .
o
Bklyn Union Gas C 1st con g 5s...........
o
Buffalo Gas C 1st g 5s........................
o
Chicago Gas Lt &C 1st gtd g os.......
oke
Colum G C 1st g 5s....................
bus as o
Consolidated G C conv deb 6s...........
as o
Con Gas C of Chic 1st gtd g 5s.............
o
Detroit City Gas C g 5s......................
o
Detroit G C 1st con g 5s..................
as o
Edison Elec 111 Bklyn 1st con g 4s.........
Edison Elec 111 N Y 1st conv g 5s.........
do 1st con g 5s................... -........
Eq Gas Light C N Y 1st con g 5s.........
o
G A Elec of Bergen C con g 5s..........
as
o
General Electric C deb g 3}s................
o
do conv deb 5s.............................
G
rand Rap G Light C 1st g 5s..........
as
o
Hudson County G C 1st g 5s............
as o
Kansas City M G C 1st g 5s............
o as o
Kings C Elec Light A Pw'r g 5s..........
o
do Purchase M 6s..................■
oney
Lac Gas L Cof St Louis 1st g 5s.......... .
do small bonds................. ...........
do refunding A Exten 1st g 5s.......
M
ilwaukee G Light C 1st 4s............
as
o
M
utual Fuel G C 1st gtd g 5s. ........
as o
do registered..............................
Newark C G con g 5s............ —
ons as
N Y Gas E L II A P C 1st col tr g 5s...
o
do purchase money col tr g 4s........
N Y &Qns Elec Lg A P 1st con g 5s....
N Y A Richm G C 1st g 5s.........
ond as o
Paterson A Pas G&Elec con g 5s........
Peo G &C C Chicago 1st con g 6s.
as oke o
do refunding g 53........................
do do registered.......................
Syracuse Lighting C 1st g 5s..............
o
Trenton G A Electric 1st g5s.........
as
Union Elec Light &Power C 1st 5s....
o
Utica Elec L A Power 1st s f g is.........
W
estchester Lighting C g 5s..............
o

1947*J &D.....
1945*M A N ---1947 A A O*...
1937 J A J..
1932 J AJ..
1909 J AJ*__
1936 J A D..
1923*J AJ..
1918*F A A__
1939*J A J..
1910*MA S....
1995 J AJ*__
1932*MAS....
1949*J A D
_.
1942 F A A*...
1917*J AD..
1915*F A A.
1949*MAN....
1922*A AO....
1937 A A O*...
1097 A AO*...
1910 QF.......
1934*A AO....
1027*MA N.
1947 MAN.
... MAN..
1948 J A D..
1948 J A D*....
1949*F AA....
1930 F A A__
1921*11 AN....
1949*11 AS.....
1943*A AO__
1947 MAS*...
.... MAS....
1 5 *J AD.....
91
1949*MAS....
1932 MAS....
1950 J AJ......
1950 J A D*....

5.21
8.55
5 . 10
3.75
5.13
5.56
5.10
4.41
5.95
4.50
5.73
4.79
3.94
4.94
5.29
5.67
4.84
5.05
4.73
5.07

113! Jan. 10,1900
s : Jan. 3,1906
o
107 ..... do.......
108| Jan. 26,1906
108 Feb. 10,1906
104 M 28,1906
ay
100 Sept. 17,1906
931 M 13,1906
ar.
104! Feb. 13,1906
118 Apr. 2,1906
105 Feb. 25,1907
90 M 16,1906
ar.
1092 Jan. 23,1908
10S! Apr. 24,1906
98 Feb. 8,1906
122 Feb. C
,1900
108! Jan. 23,1906
1042 July 20,1906
95 Dec. 26,1906
100 M
ay 7,1907

Nov. 21,1907
Dec. 30,1907
Nov. 8,1907
92 Oct. 30,1907
100 Oct. 21,1907
93! Jan. 8,1908
100 Sept. 17,1906
93! M 13,1906
ar.
99 M 19,1907
ar.
113i June 20,1906
92 Dec. 13,1907
Apr. 16,1907
108 Jan. 24,1908
102 July 6,1907
Feb. 8,1906
107 Dec. 19,1907
96 Nov. 26,1907
1 O June 20,1907
0!
91! Jan. 10,1907
92 Jan. 14,1908

5.31 5.36
5.27 5.49
5.33 5.50

109| Jan. 16,1906
92 Jan. 18,1906
104! Jan. 26,1906

Nov. 21,1907
Nov. 13,1907
Apr. 30,1907

5.67
5.38

5.02
5.43

041
123 I Feb. 7.1906 1 Nov. 22,1907
107J Jan. 3.1906 89 Nov. 20,1907

5.32
4.97

5.44
4.97

102

Jan. 25,1907
1082 Feb. 7,1906

96 Jan. 10,1908
101! Dec. 31,1906

6.46 98 Jan. 15.1906
9. 44 100J Feb. 14.1906
04 M 28.1906
ar.
O
8.25 S June 25.1907
6.90 104 June 13.1906
ar.
6.19 93 M 12.1907
6.09 117! Feb. 8.1906
11
6.32 1 6 Feb. 6.1906
6.65 84 Jan. 22.1906
6.49 802 Jan. 3.1906
5.39 96 Ang. 4.1906
6.14 102 Jan. 26.1906
S
6.65 83J Jan. 22.1906
78i| M 16.1906
ar.
7.14 78! Oct. 10.1907
8.81 9l| Sept. 17,1906

80 Nov. 4,1907
08 ..... do.......
60 Feb. 10,1908
80 June 2 5 , 1907
9 Jan. 15,1908
1
82 Nov. 15,1907
8 G 30,1907
5 et.
85! O 25,1907
ct.
54 Nov. 1.1907
63 O 2.1907
ct.
9 Aug. 4,1906
.6
78 Nov. 26,1907
5 J O 31,1907
3 ct.
5 Nov. 11,1907
7
70 Jan. 3,1908
60 O 24,1907
ct.

Feb. 15,1908
Feb. 19,1908
Feb. 11,1908
104 Feb. 18,1908
100 Oct. 21.1907
95 Feb. 19.1908
100 Sept. 17.1906
93! M 13.1906
ar.
100i Aug. 8.1907
113J June 20.1906
92 Dec. 13.1907 |
67 Oct. 2,1901
80 Jan. 6.1908
109 Feb. 18.1908 i
107J Dec. 17,1900
102 July 6,1907 i
98 Dec. 22,1906
107 Dec. 19.1907
101* Feb. 18,1908
100! June 20,1907
91! Jan. 10,1907
100 Feb. 3,1908
95J
76
95
103
1043
107*
95

Feb. 10.1908
Feb. 18,1908
Apr. 30.1907
Nov. 3,1905
Nov. 13,1905
Jan. 9,1908
Jan. 17,1908

110 M 13,1905
ay
96 Jan. 10,1908
101! Feb. 1,1907

*98
60
*58
*98
103 *104!
95
95|
"*S8J
99! ■
" ii2 *
*80

108 109
99| ■
1013.

*94
90

78

110!

96!
*90

MANUFACTURING AND INDUSTBIAL.

American Cotton O deb 4!s..............-......
il
Am Hide A Leather 1st sk fd g 6s...............
Am Ice Securities C deb g 6s....................
o
do •fo sm bonds..............-...........
all
Am Spirits M C 1st g 6s........................
fg o
Am Thread C 1st 4s. ..........................
o
American Tobacco C 40-yrs g O
o
s................
do registered....................................
do g4s-------- -............................ ..
do do registered.......... •••...............
Bethlehem Steel 1st extd gtd s f os..............
Central Leather C 20-year g 5s..................
o
Consol Tobacco C 50-year g 4s..................
o
do registered...................................
Com Products Ref 25-yr 5%skg fund.........
Distillers Secur C conv 1st g 5s................
or
Ill Steel C deb 5s stpd non-conv................
o
do nomconv deb 5s...........................
Ingersoll-Rand 1st mtge g 5s.....................
do registered.............. ....................
Internatnl Paper C 1st con g 6s................
o
do conv sinkgfund g5s.....................
Intern Steam Pump 10-year deb G
s.............
Knickerbocker Ice (C 1st g 5s...............
hic)
Lackawanna Steel C 1st conv g 5s.............
o
National Starch M C 1st g 6s.................
fg o
National Starch C s fd deb g 5s............... .
o
Ry Steel Spg 1st mge 5s Latrobe Plant.......
Rep Ir ASteel 1st mg &clt tst s f 5s......... .
U S Envelope C 1st sinkg fd g 6s............. .
o
U S Leather C skfd deb g 6s...................
o

1915 QF.......
1919 MA S...
1925*A AO...
.... A AO...
1915 MAS*..
1919+ AJ....
J
1944 A A O*..
__A A O...
1951 F &A*..
.... F A A...
1920 J AJ....
1925*A &0...
1951 F A A*..
...F A A*..
1931 MAN*.
1927 A AO*..
1910 A A O...
1913 A A O..
1935 J AJ...
.... J AJ...
1918*F A A...
1935*J AJ...
1913+ AJ...
J
1928 A A O..
1923*A AO..
1920*MAN..
1925 J AJ*..
1921 J AJ...
1934 A A O..
1918 J AJ...
1913*MAN..

5,40

99 Oct. 12,1906 95 Feb. 5,1907
110! Jan. 26,1906 100 Nov. 15,1907
100 Jan. 3,1906 76 Dec. 2,1907
104i| June 22,1906 90 Jan. 22,1908
Nov. 26,1907
1 8 : Jan. 30.190G
01
Nov. 27,1906
93! M 7,1906
ar.
Apr. 19,1907
77' Jan. 12,1906
Aug. 6,1906 80 Dec. 9,1907
6.66
ar.
ar.
5.79 103 M 7,1907 103 M 7,1907
Nov. 26,1907
5.71 109! Feb. 10,1906

5.52
5.68
6.23
8.34
6.82
8.38

Feb. 15,1908 87!
Feb. 8.1908 80
60 Feb. 18.1908
80 June 25.1907
97 Jan. 31.1908 *99*
83 Jan. 23.1908 83
100J Feb. 19.1908 100!
101
97 I Jan. 3,1908
62! Feb. 18.1908 | 62! *'63*
60 I D 3.1907 1
ec.
96 | Aug, 4,1906 1
85
90!
Feb. 19.19081
Feb. 13.1908
Nov. 11.1907
Feb. 6,1908 763
67!
Feb. 19.1908 67
July 17,1899
Feb. 23,1904
*95
June 18,1907
102J Feb. 11,1908 *102i
103
84! Feb. 7.1908
81
91 Jan. 23,1908
*91
97! O 20,1905
ct.
85 I Feb. 18.1908 *84 *85
83! Aug. 1,1907 *75i 84
75
70 1Apr. 19,1907
91
80 i Dee. 9,1907
103 M 7,1907
ar.
1 3 1 Feb. 19,1908 *103!
04

CONGRESSIONAL RECORD— SENATE.

1908.

2467

F e b ru a ry SO, 1908— In com e values and quotation record o f active railroad and industrial corporation bonds, etc.—

Continued.
Last sale.

Jan. 1, 1906, to date.

Title of bond, rate.

D S Realty & Impv con deb g 5s....
US Steel Coro 1 -G yr g sk fd 5s__
0O
do registered........................
V Carol Chem col tr s fd g 5s...,
a
ical
W
estinghouse Elec &M env s f 5s.
an

Highest.
Interest dates, In­ Yield.
maturity.* come.
Q
uo­
ta­
Date.
tion.

1 2 J &J*..
94
1 6 MAN..
93
.... M&N-.
1 1 A &O
92
*.
1 3 J &J...
91

77
.7
56
.7
51
.7
77
.3

5.79

Jan. 20,1906

5.84 101* Oct. 17,1906
5.81 100} Apr. 17,1906
8.09 10H Feb. 17,1906
8
8 9 9 } Nov. 30,1906
.0

Lowest.
Q
uo­
ta­
tion.
62}
78i
78}
85
50

Date.
Dec. 19,1907
Nov. 20,1907
Nov. 18,1907
Dec. 27,1907
Oct. 23,1907

Feb. 19,1908.

Date.

Bid. Asked.

Quo­
ta­
tion.

66 Feb, 19,1908
87} ----do......
88} Feb. 17,1908
89 Jan. 17,1908
68} Feb. 19,1908

87}

88*

9}
2

71

STREET RAILW AY.

®way & 7th Ave 1st con g 5s.................................
„ do registered....................................................
Brooklyn City R R 1st con 5s..............................1916Rrooklyn Qns C & Sub con gtd g 5s......................
o
Brooklyn Qns C &Sub 1st mtg 5s........................
o
Brooklyn Rapid Transit g 5s.................................
do 1st ref conv g 4s.......................................
do do registered.......................................
Brooklyn Union Elevated 1st g 4-5s........................
do stamped guaranteed..................................
blty &Surb R R Balt 1st g 5s...............................
G
olum &9th Ave 1st gtd g 5s................................
do registered.................................................
C Ry &Lgtg 1st & ref g 4is..............................
onn
do stamped guaranteed...................................
Denver Cons Tramway C 1st g 5s..........................
o
Denver Tramway C con g 6s................................
o
Detroit United Ry 1st con g 4}s.............................
G Rapids Ry 1st g 5s.....................................
rand
Hartford Street Railway C 1st 4s..........................
o
Havana Electrio Railway con g 5s..........................
Interborough M col tr g 4}s................................
et
T do registered.................................................
Inter Traction 50-yr col tr 4s.................................
Rings C Elevated R R 1st g 4s.............................
o
do stamped g u a r a n t e e d .........................
H Ave &Pav Perry 1st gtd g 5s..........................
ex
do registered.................................................
H
ouisville Railway C 1st con g 5s..........................
o
M Electric 1st lien'A cl tst s f 5s......................
anila
M
f-rket St Cable Ry San Fran 1st g 6s.....................
M
otpoln Ry C 1st gtd g 6s....................................
o
Metppol St Ry N Y gen col tr g 5s.........................
, do refunding g 4s.........................................
M West Side Elev Chic 1st g 4s............................
et
do registered................................................
M Elec Ry &Light con 30-yr g 5s.........................
il
M St Ry (ML &M 1st con g 5s........................
inn
)
Nassau Elect R R cons gtd g 4s.............................
New Haven Street Railway 1st 5s..........................
New O Ry & Lgt gen mtge 4}s.............................
rl
Portland Ry 1st &ref s f 5s...................................
Jos Ry Light Heat & P 1st g 5s.........................
B Louis Tran C gtd imp 20-yr 5s..........................
t
o
B Paul City Ry Cable con g 5s..............................
t
...do gtdg5s..................................................
third Ave It R 1st con gtd g 4s..............................
do registered................................................
do Central Trust C Ctfs................................
o
m do do stamped.........................................
Third Ave Ry N Y 1st g 5s....................................
do do Coupon off......................................
Undergrnd Elect Rys of London Ltd
5%profit sharing notos 1908 eeries A..................
do
do
series B.................
do
do
series C.................
.do
do
series D................
Union Elevated Ry C 1st g 5s.............................
hic
United Railways of St L 1st g 4s............................
United Railways of San Fran s fd 4s.......................
W Chic St 40-yr 1st currency 5s..........................
est
do 40-yr con g 5s............................................

1 4 J &D .
93
*
__J&D...
1941 J &J*..
194l*M&N..
1941 J &J*..
1945 A &O
*.
2002 J &J*..
.... J &J...
1950*F &A..

1 2 J &D...
92
1 9 M&S*.
93
.... M&S..
1 5 * &J...
9 1J
1 3 A &O
93
*.
1910*J&J...
1 3 * &J...
9 2J
1916 J&D...
1 3 M& S*.
90
1 5 * &A..
9 2F
1956*A &O..
.... A < O..
f
c
1 4 J &J...
99
1 4 F &A*.
99
1993 M&S*..
__M&S...
1930 J &J*...
1953 M&S*...
1913 J& J....
11 J & J ....
91
1997 F & A*..
2002*A &O...
1938*F &A...
— *F &A...
1926 F &A. ..
1919*J &J 15..
1951*J &J....
1913 M& S*.1935 J & J*...
1930 M&N*..
1937 M&N*..
1924 A &O...
1937*J& .T15..
1937 J&J 15..
2000*J &J ....
.... J&J....

53
.4
57
.8
5.5
6
54
.3
54
.1
57
.1
4.45
4.69

116? Jan. 3,1906
1 7 June 14,1906
0
1 4 Apr. 11,1906
0
1 9 Jan. 26,1906
0
100 ......do........
8 } July 3,1907
0
1 3 Jan. 22,1906
1}
110 Feb. 6,1906
1 9 Jan. 12,1906
1}
1 3 Nov. 15,1906
0?
1 4 Dec. 22,1906
0

51 64
.8
.3

ar.
to* M 31,1906

5.04

5.05
5 9 5 .10
.0
5.36 5.41

5.38
5.86
5.5
5
50
.3
5.13
5.1
6
4.46
4.6
8

55
.4
9.23
5.42
6.6
1
46
.5
48
.9
57
.6

5
5.50 9 }
90
}
’5 9 8 }
.’4
3
8
4
47 9
.6
5
5 5 96;
.1
1.
5 8 16
.6

5.15 5.18

Jan. 30,1906
M 11,1906
ay
Oct. 11,1906
Juno 28,1906
Jan. 26,1906
Jan. 10,1906
M 24,1906
ar.

ay
100} M 10,1906

96 Dec. 19,1907 100 Jan 23,1908
119} Dec. 3 1901
Oct. 22,1907 99} Oct. 22,1907
5
O 25,1907 9 } Oct. 25,1907
ct.
9
9 Feb. 19,1908 * 4
4
Nov. 21,1907
8
Nov. 22,1907 6 - .....do........
Feb. 1,1908 72i Feb. 1,1908
4
Nov. 26,1907 9 } Feb. 19,1908
Aug. 28,1907 98 Sept. 3,1907
pr-. 9,1905
105} A
Feb. 4,1907
Feb. 4,1908
ay 3,1907
ay
102} M 3,1907 102} M 29,1907
Oct.
97} Oct. 22,1907 97} June 13,1900
97}
7 Dec. 13,1907 79} Dec. 18,1907
9
80
47
83}
6
1
87
76}
90

June 26,1907
Nov. 21,1907
Oct. 11,1906
Feb. 17,1908
Feb. 5,1907
Dec. 18,1907
Jan. 7,1908

ay
98 M 10,1900

94 Jan.
Oct.
m
6 Feb.
1
88 Feb.
80} Feb.
Jan.

9,1908
5}
2
11,1906
17,1908 ’*58
25,1907
5,1908
7,1908

5 g Feb. 19,1908
0

95}
70

9
5
15
0

*1
9
5
3

ay
98 M 10,1906

77
.1
4.3
5
5.63
51
.6
53
.2
5.04
5.05
45
.9
58
.1
49
.5
7.80
7.45

7.16 117 Jan. 12,1906 68 Feb. 18,1908
9 Jan. 27,1906 4 Jan. 29,1908
2
7
93} July 3,1906 93} July 3,1906
i 49
4 9 109 July 18,1906 109 July 18,1906
.4
4.2 1 7 Feb. 14,1906 107} Feb. 14,1906
5 0}
5 1 8 } Jan. 17,1906 70 Nov. 11,1907
.4
9
2
5 2 9 } June 27,1906
.2
July 19,1906
5.0 101} Apr. 24,1907 101} Apr. 24,1907
6
4 4 103} Oct. 31,1906 1 3 Oct. 31,1906
.9
0}
5.3
3 96} Apr. 12,1906 96} Apr. 12,1906
4 5 110} Nov. 23,1906 110} Nov. 23,1906
.4
95} Jan. 10,1906 4 Nov. 2,1907
0
8 Jan. 15,1907 5 Oct. 18,1907
9
5
52} Jan. 29,1908 5 } Fob. 6,1908
0
4 4 4 1 1 9 Jan. 11,1900 9 Nov. 11,1907
.9
.9
1
8

70 Feb. 19,1908 67} 69
47} Feb. 17,1908
93} July 3,1906
1 9 July 18,1906 99
0
1 7 Feb. 14,1906
0}
7 Feb. 18,1908 75 *77
7
90} Sept. 25,1900
101} Apr. 24,1907 *90
103} Oct. 31,1906
96} Apr. 12,1906
110} Nov. 23,1906
51} Feb. 13,1908
55 Oct. 18,1907
0
5 } Feb. 6,1908 4
0
102 Feb. 18,1903 16 1 "

...* J

7.94

6 } Sept. 3,1907
4

1945*A &O...
1934*J &J....
1927*A &O...
1928 M&N*..
1936 M&N*..

6.20

1 3 J & J*. ..
97
&D....
,...*J &D....
__*J &D
__
__*J & D....

8.66

ay
98? M 22,1906

6 } Sept. 3,1907
4

.0
5 6 5 7 100 Jan. 7,1907
.0
5 4 5 4 88} Jan. 13,1906
.1
.6

100 Jan. 7,1907
77 Feb. 10,1908
59 Jan. 8,1908

7.49

90 Feb. 2,1906

100

100
78}
60
90

Jan,
Feb.
Feb.
Doc.

7,1907
14,1908
19,1908
28,1807

65

66}

TELEGRAPH AND TELEPHONE.

Am Teleph &Teleg col trust 4s..
er
Com ercial Cable 1st g 4s...........
m
do
do registered__
Keystone Telephone C 1st 5s......
o
, do
do registered....
M Tel &Tel 1st sk fd g 5s.....
etpn
,
do
do registered.
M State Tel C 1st 20-yr 5s......
ich
o
M
utual Union Teleg skd fnd 6s__
N Y &N J Telephone gen g 5s__
Northwn Tel C gtd fundg g 4}s...
o
W stem Uncoll trust cur 5s.......
(
do fndg &real estate g 4}s__
do conv 4s redeem ser A...
able
do do registered...............

1 2 J &J*....
99
2 9 QJ*...
37
.... QJ....
1 3 J &J..
95
.... J &J..
1 1 * &N....
9 8M
.... M
&N.
1 2 F&A....
94
11l*M&N....
9
1 2 * &N
9 0M .
1 3 * & J..
9 4.)
1 3 * & J-9 8J
1 5 * &N--9 0M

5.30 6.09

50
.6
40
.5
5.14
52
.4
56
.5
53
.9

95} Jan. 18,1906 75}
Feb. 20,1906 72
July 9,1907
Aug. 23,1907
Feb. 25,1907 104
July 3,1006 92}
Jan. 15,1906 104

5 0 97}
.6
40
.5
59
.1
0
5 3 14
.7
5.9 101}
4
0
5 5 17
.6

5.64 5 1 109} Jan. 19,1906
.8
.5
5 7 5 0 105 Jan. 20,1906
.3
.6
5 3 5 9 77} Feb. 5,1908
.2
1936 M&N*...

Jan. 7,1908 75} Jan. 7,1908
Nov. 22,1007 72 Nov. 22,1907 80
July 9,1907 89 July 9,1907
94
Aug. 23,1907 98 Aug. 23,1907
104 Feb. 25,1907
Feb. 25,1907
Jan. 10,1908 92} Feb. 17,1908 *89 I.
0*
M 23,1907 1 4 Apr. 17,1907
ar.
1 5 J u ly 2,1903
0?
103} July 26,1904
;
88}
Nov. 27,1907 89 Feb. 5 ms *85
85
Dec. 2,1907 85 Feb. 13,1908
Jan. 23,1908 77} Feb. 5,1908

.... M&N.

MISCELLANEOUS.

Adams Express C col trust g 4s.............................. .
o
Am Dock &Improvement C gtd 5s..........................
o
Am Steamship C of WV 1st 5s................................
o
H
klyn Ferry C of N Y 1st eon g 5s............................
o
■B
rooklyn Ferry C Knickerbker Trst C certfs of dep
o
o
for 1st con 50-yr 5s.
U June Ry &Stock Yds col g 5s.............................
hic
Det M &M Ld gt income 7s................................
ac
ar
H
ackensack W
ater C 1st 4s.....................................
o
H derson Bridge 1st sk fd g 6s.................................
en
H
oboken Land &Improv g 5s...................................
Inter M M
er arine 4}%mtge & col tst...........................
Inter Navigation 1st sinking fund 5s...........................




1 4 * &S--9 8M
12 J &J.....
91
1 2 M&N....
99
1 4 F&A*...
98
1 4 J &J.....
98
1 1 J &J*---95
11 A &O*...
91
1 5 J &J.....
92
13 M&S--91
1 1 M&N....
90
12 A&O....
92
1 2 F& A....
99

4.65
4.69

4 8 1041 Feb. 16,1906
.7

4.36

1 .5
20

1 3 Apr. 16,1906
1
5 Jan. 12,1906
2

0
.0
5 1 5 4 11
.0
7
8
.5
5 3 5 1 108}
.6
7.2 9 4
9 .4

10.43

6 44
.

7.07

M
ar.
Jan.
Jan.
Apr.
M
ay

19,1907
8,1906
3,1906
26,1907
9,1907

78 Nov. 26,1907
106} July 12,1907
Oct. 11,1906

88
107
100}
4
1

Feb. 14,1908
Feb. 10,1908
Jline 4,1902
Oct. 11,1906

100 Jan. 23,1908
69* Aug. 8,1906
108} Jan. 3,1906
53 Nov. 4,1907
75 I Jan. 8,1908

100
70
108}
03}
77}

Jan. 23,1908
Sept. 18,1906
Jan. 3,1906
Feb. 18,1908
Feb. 6,1908

*88
106

*90
108}

103

63

c

A p p e n d ix

I

A.




R ange o f ■prices since 1900—

E.

Sooth Bend, I xd.,

Continued.

F e b r u a r y lk , 1008.

My Dear Senator : The masses of the people believe that bank de­
Low.
Ugh. Date.
ports as well as bank currency should have G
o ^ “ a:rational
If the National Congress ^ n°t proiifle g u a ^1amount of capital,
lines that recognizes relative safety ^Pu^nnkoiv to provide guaranty Am
erican Linseed C pf.®...................... 66 July, 1901 17
o.
then the State legislatures ate more th:cenliderationP only the word Am
erican Locomotive C ..................... 781 Jan., 1906 10*
o,®
along irrational lines that take into consuleiat:loi^ o y pi.ovided Am
:u
erican Locomotive C pf.®
o. ................. 122} Apr., 1905 67*
Do.
Am
erican M
alting C ..........................
o.®
2*
9 Dec., 1904
* * * « “ « s Am
erican M
alting C pf a ...................... 3U Jan., 1900 14*
o.
erican Sm
elters sec. pf., B.®
................ 102 ! Nov., 1905 80 1
bJIf1'State guaranty i s provided, deposits wiD !?owillL compel1 Am
"
be&
ed Am
erican Smelting and Refining C ....... 174 i Jan., 1906 34* June,
o.®
State banks and trust companies, national panK w iuu_
s
53
Am
erican Smelting and Refining C pf.®... 1 7 Dec., 1905 80} Oct., 1 0
o.
3
Am
erican Snuff C .............................. 250 i Nov., 1905 26 M 190}
o.®
ar.,
Am
erican Snuff C pf.®
o.
......................... H I Dec., 1905 73 Apr., 1 0
9
O
Am
erican Steel Foundries...................... 18* M 1905
3* Jan., 190}
ax.,
Am
erican Steel Foundriespi..............
pf
70 Dec., 1902 26 July, 190}
Am
erican Sugar Refining C ............
o,®
ar.,
157 Jan., 1906 05} M 19°0
Do. „
Am
erican Sugar Refining C pf.®
o. ........
1 1 Nov., 1904 107
4
77
M 10
ay, 5 7
Am
erican Telegraph and C Co.......
able
100 Apr., 1901
S S j ^ w tereTaS sou fully comprehend the tremendous difference
07
Am
erican Telephone and Telegraph Co.
1 6 Apr,, 1902 100 Oct., 1 0
8
Am
erican Tobacco C pf..................
o.
.Do. „
109* Dec., 1905 70
Am
erican W
oolen C .....................
o.®
Oct., IS 3
O
48 Jan., 1900
7*
Do.
Am
erican W
oolen C pf.®
o. .................
65
no* ..... do
Do. .
Anaconda C
opper M
ining C ............
o.®
75* Feb., 1907 14*
Ann Arbor.....................................
90
48’ M 1902 1 Sept., 1 0
ay,
6
all conditions.
inatnnt T em • “ Postal savings banks would Ann Arbor pf...................................
ir!
99
79 June, 1905 40* Jan., 1 0
In depositor safe, but tafe millions, fV February 3, whichhave a Associated M
J taKe m
om the borrower.” I says:
erchants, 1st pf..............
112* M 1906 60 Sept., 19°*
ar.,
make
ted
90
110* Sept, 1906 18} Jan., 1 0
letter from the Postmaster-Ge
: .
p0Stal savings banks it is Atchison, Topeka and Santa Fe..........
Do. „
108 M 1901 58*
ay,
“ In the Department’s^pi an for
tfona? banks in the localitv where Atchison, Topeka and Santa Fe pf.......
Atlantic Coast Line..........................
97
170 Apr., 1905 66 Oct., 1 0
proposed to redepoSit the m ey ;m ecHately available for the iegiti- Baltimore and Ohio..........................
o
m
90
1 5 Sept., 1906 55} Jan., 1 0
2*
it is first received, th^ mak ng t ^ « ^ X yt" wW it properly be- Baltimore and Ohiopf.......................
ch
Do. „
100 Aug., 1005 72}
mate financial transactions
a preferred creditor, it
l
9*
Rapid
94* Jan., 1 C 29} Sept,, 1 0
90
longs. As the poat-offleeLrip 0 X the banks in the way of bonds.” Brooklyn Union Transit................... .
2
97
Gas........................
253 Ang., 1902 995 Sept., 1 0
would not demand coUatwal fiom t
take from the bor Brooklyn City...............................
Brunswick
22* Dec., 1905
5 Oct., 19°3
Buffalo, Rochester and Pittsburg.......
160 Oct.. 1904 52 Feb., 1900
Buffalo, Rochester and Pittsburg pf__
105 ..... do...... 92 Jan., 1-00
Buffalo and Susquehanna pf..............
91* M 1905 83 Nov., 190}
ay,
a causeathe common hf6nee^of Government rtg 1 0 pr "be- Butterick Co.®................................
i
*
fl<s cts 0is not a
e t
66 Apr., 1906 3 Aug., 1 0
07
1
may
guaranty
97 M 1902 47* Feb., 1900
Canada Southern.............................
ay,
201* Dec,, 1906 84} Sept., 1 0
90
oaf “ 'of’ 5 k S F iS SV% “ < « /•'« that constant and disastrous Canadian Pacific..............................
*
‘
Central C and Coke......................
oal
71* M 1905 641 Fen., 190;
ar.,
mutual fear between depositor and bank.
C
entral Leather Co..........................
49* Jon., 1906 13} Oct., 1 0
97
Sincerely, yours,
M a r v in C a m p b e l l , P r e s id e n t .
C
entral Leather C pf......................
o.
107*
Do.
73
C
entral Railroad of New Jersey.!.......
2391 M 1906 115 Jan., 1900
ay,
C
entral and South Am
erican Telegraph.
140 ..... do...... 95 Dec., 1 0
A ppendix F.
9*
651 Aug., 1906 24 June, 1500
[The New York Times W
eekly Financed Quotation Review, M
onday, October Chesapeake and Ohio.......................
Chicago, Burlington and Quincy.........
250 Feb., 1905 119* Jan., 1900
Chicago and Eastern Illinois pf..........
1 1 July, 1902 105 July, 19 *
5
0
R ange o f prices since 1900.
Chicago Great W
estern.....................
35 Aug., 1902
97
7 Oct., 1 0
hicago G W
reat estern pf., A,...........
„ ■ * I is, « w s the extremes at which stocks to date.) on the New C
eU ffra the ert ^ JmuMy,, 1900, have sold
n
90* June, 1 0
D.
O
9 1 3*
3!
[The followiug tote
Chicago G W
reat estern pf., B.............
511 Aug., 1902
Do. ,
8!
1
C
hicago G W
reat estern deb...............
95* June, 1902 64j
Chicago, Indiana and Louisville pf......
91* Aug., 1902 451:
High. Date. Low. Date.
Chicago, M
ilwaukee and St. Paul........
Dec., 1 C 1 8*.
96 0
m
Chicago, M
ilwaukee and St, Paul pf--218 Aug., 1906 140}
C
hicago and Northwestern.
271 Apr., 1902 137*
1900
315 June, 1907 Ill Jan., 1900 Chicago and Northwestern pf..................... 274* ..... do...... 190
Adams Express.
0
205 Dec., 1900 204 July, 1907 Chicago, Rock Island and Pacific............... 2G Sept. 1902 102
Albanym a Susquehanna......
Chicago, St. P., Minn, and Omaha.............. 225 Jan., 1905 110
4 Aug.,
■ and ll
Jan., 1903
278
Allis-Chalm Co.................
ers
5 ct.,
87* Feb., 1903 1 O 1907 Chicago, St. P., Minn, and Omaha pf......... 230 ..... do..... 160
Allis-Chalm C pf.. -........
ers o.
ct.,
3*
1 0 June, 1901 33g O D0.1903 Chicago Terminal Transfer......................... 31 Apr.. 1901
3*
Amalgamated C
opper Co®.......
Chicago Terminal Transfer pf.....................
1
2
5 ) ..... do..... 1 *
7
0
35 __do
American Agricultural Chem C
ical
Dec., 1903 Chicago Union Traction............................. 23 Apr., 1902
Do.
0
2}
1 2 Jan., 1906 7 J Oct., 1907 Chicago Union Traction pf.........................
D
pf.
Am
erican Agricultural Chem t
ical
60 ..... do.....
1905
Vi
11
1
36* Dec.,
Am
erican Beet Sugar C .........
o.®
and
L_
_ 11
Sept., 1904
ar.,
$9} Jan., 1906 74* Jan., 1900 Cleveland, Cincinnati, Chicago and St. L. pf. 11 M 1905 55
Am
erican BeetBugar C pf.®------o.
Cleveland, Cincinnati, Chicago
St,
1
2
1 ..... do...... 56}
1
47A
Am
erican C and Foundry Co. . .
ar
1 0 Oct., 1906 1 *
0
571 June, 1900 Cleveland, Lorain and Wheeling.................
4
1 5 ..do
0"
Am
erican C and Foundry C pf
ar
o.
1
907 Cleveland, Lorain and Wheeling pf............. 1 2 Jon., 1906 46
Do.
1
ay,
220 M 1904 145 June, 1 0 Cleveland and Pittsburg............................. 160 M 1 0 160
Am
erican Coal.........................
ar., 9 1
ay, 9 1
1902 24 M
5 2 Apr.,
7
Am
erican Cotton Oil................
1903 Cleveland and Pittsburg special................. 1 8 Jan,, 1906 108*
100 Apr., 1900 82 July, 1904 Colorado Fuel and Iron.............................. 0 ) June, 1 0
Am
erican Cotton O pf.............
il
10
97
9 1 15
Aug.,
16
3)
45 Nov., 1905 22 M 1900
Am
erican District Telegraph......
Fuel and Iron pf..........................
l)o.
ar.,
4
2
272 Aug., 1906 142 Aug., 1907 Colorado and Southern............................... 1 1* Apr., 1901 35
Am
erican Express....................
Colorado
4 Oct., 1906
5
3!
ugu 1902
621 A
Am
erican G Twine®............
rass
1st pf.....................
Do.
ct.,
2} O 1903 Colorado and Southern 2d pf...................... 79) Aug., 1902 36
1 J Oct., 1902
3
Am
erican H and Leather.......
ide
Do.
Colorado and Southern
14
O
59 Dec., 1906
1
0
5 1 M 1905 20 O B .
5 ar.,
Am
erican Hide and Leather pi...
8
ct., 190/ Columbus and Hocking Coal and Iron........ 30} Nov., 1906
900
Sept., 1
Am
erican Ice Securities Co.........
6 July, 1903 Consolidated Coal....................................... 100 ..... do...... 48
91
30} July/ 1 0
Am
erican LinseedC ..............
o.®

CONGRESSIONAL RECORD— SENATE.

1908

Continued.

R a n ge o f p rices sin ce 1900—

R a n ge o f p rices since 1900— '

nigh
Consolidated Gas...................................
Delaware and Hudson............................
Delaware, Lackawanna and Western........
Denver and Rio Grande..........................
Denver and Rio Grande pf......................
Des M
oines and Fort Dodge....................
Des M
oines and Fort Dodge pf................
Detroit City Gas...................................
Detroit Southern...................................
Detroit Southern pf...............................
Detroit United Ry.................................
Diamond Match....................................
Distillers Securities'*..............................
Duluth, South Shoro and Atlantic**..........
Duluth, South Shore and Atlantic p *
f* .......
Eastman Kodak....................................
Electric Storage Battery........................
Erie.....................................................
Erie 1st pf............................................
Eric 2d pf.............................................
Evansville and Terre Haute....................
Evansville and Terre Haute pf.................
Ecdcral M
ining and Smelting.................
Federal M
ining and Smelting pf...............
Fort Worth and Denver C
ity**................
General Chemical..................................
General Chem pf...............................
ical
General Electric....................................
Great Northern pf.................................
G Bay and Western.........................
reen
Havana Electric.......................... ........
Havana Electric pf................................
H. B. Clafiin Co.....................................
H. B. Clafiin C 1st pf............................
o.
H, B. Clallin C 2d pf............................
o.
Hocldng Valley..................................... ;
Hocking Valley pf.................................
Homostake M
ining.................................
Illinois Central.....................................
Illinois Central, leased line......................
International Paper Co..........................
International Paper C pf......................
o.
International Power Co.**.......................
International Steam Pump.....................
International Steam Pump pf.................
Iowa Central.........................................
Iowa Central pf.....................................
Joliet and Chicago.................................
Kanawha and M
ichigan.........................
Kansas City, Ft. Scott and M phis pf__
em
Kansas City Southern............................
Kansas City Southern pf........................
Keokuk and Des M
oines.....................
Keokuk and Des M
oines pf.....................
Knickerbocker Ice, Chicago.....................
Knickerbocker Ico, Chicago, pf................
------------and Pembroke......................
Laclede Gas..........................................
Laclede G pf.......... _..........................
as
Lake Erie and Western..........................
Lake Erie and W
estern pf.......................
Lake Shore..........................................
Long Island.........................................
Louisville and Nashville.........................
Manhattan Beach..... ............................
Manhattan Elevated..............................
M
aryland C pf..................................
oal
Metropolitan Street Railwayo.................
Metropolitan W Side El., Chicago.........
est
Metropolitan West Side El., Chicago pf.....
M
exican Central..................................
M
ichigan Central...................................
M
inneapolis and St. Louis......................
M
inneapolis and St. Louis pf...................
M
inneapolis, St, Paul, and Satilt Ste. M
arie..
M
inneapolis, St. Paul, and S. S. M pf.....
ario
M
issouri, Kansasand Texas....................
M
issouri, Kansas and Texas pf................
M
issouri Pacific.......................... ..........
M
ontreal Light, Heat, and Power............
M
orris and Essex..................................
Nashville, Chattanooga and St. Louis.......
National Biscuit C *.............................
o.<
National Biscuit C pf..........................
o.
National Enameling and Stamping..........
National Enameling and Stamping pf.......
National Lead C
o,**................................
National Lead C pf.............................
o.
National Railroad of M
exico pf................
National Railroad of M
exico 2d pf............
New Central Coal..................................
New Orleans Railway and Light pf..........
New York Air Brake<*...........................
New York Central.................................
New York, Chicago and St. Louis............
New York, Chicago and St. Louis 1st pf__
New York, Chicago and St. Louis 2d pf.....
New York Dock....................................
New York Dock pf................................
New York and Harlem...........................
Now York, Lackawanna and W
estern.......
New York, New Haven and Hartford.......
New York and New Jersey Telephone.......
New York, Ontario and Western.............
Norfolk Southern..................................
Norfolk and Western.............................
Norfolk and W
estern pf.........................
North American...................................




Date.

238 Apr. 1901
240} O 1905
ct.,
5 0 M 1900
G ay,
53* M 1901
ay,
103' June, 1901
531 July, 1902
150 June, 1902
98} June, 1900
25 Sept. 1902
481 ..... do......
102 Feb., 1906
1 2 Aug. 1901
5 .1
78 Feb., 1907
24 Aug., 1902
40} Nov. 1905
177 M 1900
ar.,
m Feb., 1905
62§ Aug., 1905
85} ..... do......
78j1 do......
.....
70 Jan., 1906
104} Feb., 1902
199 Jan., 1906
112*..... do......
70} Feb., 1903
82 Jan., 1906
107} Oct., 1905
334 Apr., 1902
348 Feb., 1906
75 M 1902
ay,
53 Aug., 1906
99} June, 1906
117 Feb., 1906
m \ July, 1900
1 1 M 1905
0
ay,
135 Apr., 1900
99} M 1903
ar.,
104 Apr., 1901
1841 June, 1906
100 M 1901
ar.,
28
90 Jan., 1900
99 Apr., 1902
60 M 1900
ay,
95 O 1902
ct.,
57} Apr., 1902
90} ..... do......
182 Apr., 1905
70 Juno, 1906
88 Aug., 1902
39 ..... do......
71 Jan., 1900
41 Sept., 1902
84 Apr., 1902
85 Sept. 1906
8 1 ..... do......
5
1 Feb., 1902
4
100 Feb., 1903
110 Jan., 1902
70} Nov., 1901
138 Feb., 1902
347 M 1905
ar.,
911 M 1902
ay,
1 9 Aug., 1902
51
22 Apr., 1901
175 Feb., 1905
115 Aug., 1904
182 Aug., 1900
43 Jan., 1902
93 Sept., 1901
311 M 1902
ar.,
200 July, 1906
115 Apr., 1902
127} ..... do......
164 M 1906
ar.,
183} Jan., 1906
431 Nov., 1900
70 ..... do......
125} Sept., 1902
92| Sept., 1905
198} Apr., 1902
198’ ..... do.....
86} Jan., 1907
120} M 1905
ar.,
30 M 1903
ar.,
94 Apr., 1905
95} Jan., 1900
111} Feb., 1905
694 Dec., 1900
30 Nov., 1906
60 Jan., 1903
83 Aug., 1906
190 Apr., 1902
1744 Nov., 1901
76} Doc., 3905
124’!Jan., 1902
100 Aug., 1902
501 Jan., 1900
85} Sept., 1906
91
420 Apr., 1 0
141} Apr., 1902
255 __do
173 June, 3901
ct.,
64 O 1904
40 Sept., 1905
97} Oct., 1906
98 July, 1902
134 Sept., 1902

2469

Low.

Date.

Continued.

High

Date.

84 Oct., 1907 Northern Pacific.................................... 5700 M 1901
ay
ay,
105 M 1901 Northern Central.................................. 250 July 1902
ining..................................... 13 Sept,, 1901
1 Sept., 1900 OntarioM
714
1(S Jan., 1902 Pacific Coast......................................... 142 June 1900
6
02 Nov., 1903 Pacific Coast 1st pf................................ 10S Feb. 1905
ay,
12 June, 1900 Paci fic Coast 2d pf................................. 135 M 1906
90 Sept., 1903 Pacific Mail.......................................... 57 Nov. 1900
ay,
65 M 1902 Pennsylvania Railroad........................... 170 Sept , 1902
as, Chicago............................
lj June, 1904 People’s G Eastern............................... 120} June 1901
50 Sept 1
901
Peoria and
Do.
2}
arquette..................................... 106 Feb., 1905
33 Oct., 1907 Pere M
Pere M
arquette pf................................. 93 Sept. 1902
1 7 Oct., 1901
2)
132 Apr., 1905
9. June, 1904 Philadelphia Rapid Transit.................
4 June, 1900 Pittsburg,Cincinnati,Chicago and St. Louis. 105} Sept. 1902
ay,
Aug., 1904 Pittsburg, Cincinnati, Chicago and St. L. pf. 128 M 1902
9}
21 M 1905
ay,
1 8 Oct., 1905 Pittsburg Coal...................................... 80} ..... do......
4j
oal
65 June, 1903 Pittsburg C pf.................................. 195 Nov. 1901
ayne and Chicago.........
1 j Sept., 1900 Pittsburg, Fort W
0
Pressed Steel Car.................................. 64j Jam, 1906
Do.
30}
Pressed Steel C pf............................... 105 Feb., 1906
ar
Do.
1
5
381 Oct., 1900 Pullman Company................................. 90S Sept. 1905
5t ay,
72 Feb., 1904 Quicksilver.....................-.................... 12} M 1901
..... do......
434 Nov., 1904 Quicksilver pf.......................................
1.
58 Oct., 1907 Railroad See., 1 1 Cent, stock ctfs............ 100 ! Aug., 1905
03}! Dec., 1905
144 Apr., 1900 Railway Steel Springe...........................
,
........................ 107 Jam 1903
43 M 1904 Railway Steel Spring pf®
ar.,
90 Oct., 1907 Reading.............................................. 164 ..... do......
109}
Do.
Reading 1st pf...................................... 97 Sept. 1905
114 Aug., 1907 Reading 2d pf....................................... 102 Jan., 1906
ct., 901
40 Nov., 1900 Rensselaer and Saratoga........................ 215 O 1
15 Apr., 1905 Republic Iron and Steel**........................ 41} Dec., 1906
50 June, 1905 Republic Iron and Steel pf®
..................... 110] Jan., 1906
99} Dec., 1901 Rock Island Co..................................... 53j Jan., 1903
94] Apr., 1905 Rock Island C pf................................. 80s Nov. 1904
o
98 Apr., 1903 Rome, Watertown and Ogdensburg......... 140 Apr., 1901
0]
30} Jan., 1900 Rubber Goods M C p *
fg. o. f* ..................... 1 9 Apr., 1905
Do.
58
Rutland pf........................................... 125 Apr., 1902
50} Jan., 1904 St. Joseph and Grand Island.................. 27 Jan., 1906
110 June, 1900 St. Joseph and Grand Island 1st pf.......... 81} Sept. 1902
99 Jan., 1900 St. Joseph and G
rand Island 2d pf........... 42 ..... do......
9 June, 1903 St. Lawrence and Adirondack................. 1 1 Feb., 1902
41
574 Nov., 1903 St. Louis and San Francisco 1st pf........... 90 July, 1902
Do.
St. Louis and San Francisco 2d pf............ 80} ..... do......
23
17 Oct., 1907 St. L. and S. F., C and E. 1 1 stock ctfs.... 1 Jan., 1905
.
1.
94;
Do.
St. L. and S. F.,C. and E. 1 1 pf. stock ctfs. 135 ;Aug. 1905
1.
63
9
HI Jan., 1903 St. Louis Southwestern.......................... 3 .' Apr., 1901
ar.,
30} M 1907 St. Louis Southwestern pf...................... 80 Sept. 1902
180 Feb., 1905 Sloss-SheJlield Steel and Iron Co.............. 118} Feb., 1905
10 Jam, 1900 Sloss-Shefiield Steel and Iron C pf.......... 130 ..... do......
o.
62} Oct., 1903 Southern Pacific.................................... 974 Sept. 1906
7 Sept., 1900 Southern Faciftc*pf................................ 122] Dec., 1
905
Do.
274
Southern Railway extended....... !!.!!!!!.. 42} Jan., 1
906
ay,
3} M 1900 Southern Railway pf., extended_......... 103
14} Oct., 1900 Southern Ry., M and O stock ctfs__ 994 Feb., 1906
ob.
hio
8 Sept., 1904 Syracuse Lighting................................. 42 M 1903
ar.,
oal
48 Nov., 1903 Tennessee C and Iron
106 Nov., 1906
ay,
6 M 1905 Texas and Pacific........................ ”
54} Sept. 1902
ay,
6o M 1900 Texas and Pacific Land Trust"!” !!!!!!!!! 88 Oct., 1906
ar.,
91 M 1904 Third Avenue....................................... 141 Dec., 1905
12 Oct.. 1907 Toledo, Peoria and Western.................
20 June, 1902
Do.
40
Toledo Railways and Light__ ..!!!"!.!!! 38 Sept. 1902
197 Jan., 1900 Toledo, St. Louis and Western................ 432 Apr., 1905
45 Aug., 1907 Toledo, St. Louis and W
estern pf
05 ..... do......
68} Sept., 1900 Twin City Rapid Transit......... .............. 129 Aug., 1902
4 M 1907 Twin City Rapid Transit pf......
ar.,
91
1 ) Nov., 1 0
(4
ay,
83 M 1901 Union Bag and Paper C *.................
o.<
25 Feb., 1900
674 Dec., 1901 Union Bag and Paper C pf. a . ’
o.
85 Apr., 1902
35 Aug., 1907 Union Pacific............................!!!!!!!
195} Sept., 1906
1 Jan., 1904 Union Pacific pf.............
6
101} Feb., 1905
ar.,
45 M 1904 United Fruit Co...........
114} ..... do......
5 Apr., 1904 United Railways of St. Louis pf........ ! ! “ !
,
87} Jam 1906
ay,
102 M 1903 United Railways Investment................
98 ..... do......
33 Oct., 1907 United Railways Investment p f ” ‘‘‘‘ 94} Dec., 1905
*
76} Aug., 1907 U. S. Cast Iron Pipe and Foundry’*. "!!!!
53 Jan., 1900
14 Sept., 1900 U. S. Cast Iron Pipe and Foundry P *
f.<
97} Apr., 1905
4 Oct., 1900 United States Express............. .. .
7
160 Aug., 1902
*
9 Sept., 1900 United States Leather<................!!!!!!!
202 Sept., 1904
Do.
United StatBs Leather pf.o.................... 119 Nov., 1905
25}
Jan., 1900 U. S. Realty and Improvement Co............
3 .!
8
98} M 1905
ar.,
92} Sept., 1905 U. S. Reduction and R
efining**...............
ar.,
44} M 1902
1 Apr., 1904 U. S. Reduction and Refining pf. <.............
824
*
84 June, 1900
108 Oct., 1907 United States Rubber.. .
59} O 1906
ct.,
23 June, 1900 United States Rubber 1st pf
1184 Apr., 1905
D.
O
794
United States Rubber 2d pf........ !!!!!...
87} Jan., 1900
8 Oct., 1907 United States Steel....................! !’"...
901
55 Apr., 1
75 Oet., 1903 United States Steel pf...
113} Jan., 1900
104! Nov., 1903 Vandalia R. R.
100 Apr., 1905
74} Dec., 1901 Virginia-Carolina Chemical....
702 Apr., 1902
ical
134} Sept-, 1902
3ig: Dec., 1902 Virginia-Carollna Chem pf.
97 Jan., 1907
15 Aug., 1907 Virginia Iron, Coal and Coke..
33} Jam, 1903
25 Oct., 1907 Vulcan Dctinningi*..............
81} Dec., 1902
80B Sept., 1900 Vulcan Detinniog pf.**...........
88 Oct., 1907 Wabash..............................
3 ;; Sept., 1902
8
994 Aug., 1907 W
abash pf..........................
5 J Feb., 1903
5
1 June. 1900 W
1
ells-Fargo Express............
305 O 1900
ct.,
Do.
75
W
estern Maryland...............
« i June, 1906
Do.
29
W
estern Union Telegraph......
1 0 M 1901
0 .1 ay,
1 Feb.. 1902 W
2
estinghouso E. and M........
233 Sept., 1902
Do.
394
W
estinghouso 1st pf..............
231 Apr., 1902
ar.,
365 M 1907 W
heeling and Lake Erie........
30} Sept., 1902
127}; Nov., 1906 W
heeling and Lake Erie 1st pf.
00 Apr., 1902
139 Oct., 1907 W
heeling and Lake Erie 2d pf..
42jf Sept., 1902
ar.,
108 M 1907 W
isconsin Central................
33} Aug., 1905
18}1June, 1900 W
isconsin Central pf............
64} Oct., 1905
40 Sept., 1905
22} Jan., 1900
Do.
07
50 ] Aug., 1907
“Unlisted.
& sales $1,000.
Cash

Low

Date.

45} Sept , 1900
150 June 1904
1 Oct., 1905
37 [ Sept , 1903
80 July, 1903
50 Aug. 1903
17
Do.
110 Nov. 1903
79 Oct., 1907
5 June 1900
20 Jan., 1900
54 M 1900
ar.
112 June 1905
49; Sept. 1900
75 Oct., 1907
n Aug., 1907
4 ; Oct., 1907
4
163
Do.
18
Do.
6 ! Nov. 1903
2
148 Oct., 1907
June, 1904
ar.,
2} M 1905
85 M 1903
ar.,
16 Sept. 1903
67 Nov., 1903
15 Sept. 1900
49 Jan., 1900
23} Sept. 1900
193 Aug., 1900
5 Nov., 1903
i
3:
6
Do.
1 4 Oct., 1907
4
40} Aug., 1907
130 Aug., 1903
60 July, 1903
25 June, 1007
5 M WOO
ay,
32 Oct., 1903
H June, 1900
i
ay,
50 M 1902
58 Oct., 1907
ar.,
29 M 1907
1 8 Sept. 1903
4:
120 Aug., 1903
8 June, 1900
3
Do.
2lf
1 ! Oct., 1900
7
59] June, 1900
29 M 1901
ay,
107 O 1907
ct.,
June, 1900
1?
0
43} Oct., 1907
85 June, 1903
40 Apr., 1903
25} Nov., 1903
13} June, 1900
1 4 Jan., 1900
1
25 Oct., 1907
10 Jam, 1900
114 Oct., 1907
10} Feb., 1001
24 Sept., 1903
61} July, 1900
136 Jan., 1900
n Aug., 1904
45 Feb., 1904
44 1 Jam, 1900
70} June, 1900
94 Oct., 1903
80 Jam, 1005
9 Dec., 1903
ct.,
27 O 1907
0 Sept., 1903
33 Nov., 1903
ar.,
45 M 1900
0 Sept., 1903
65 June, 1900
4 O 1907
1 ct.,
Do.
9
23} Do.
July, 1903
75
Oct., 1907
484 Do.
8§ M 1901
ay.,
49} Nov., 1903
83 M 1906
ar.,
16 O 1907
ct.,
80 Aug., 1903
17 Sept., 1903
2} Oct., 1907
45 Nov., 1904
6} M 1900
ar.,
15} O 1907
et.,
120 Juno, 1900
6 Oct., 1907
05
Do.
108
Do.
157 Nov., 1901
0 Oct., 1907
15
Do.
10
Do.
10 Sept., 1906
30 Sept., 1906

CONGRESSIONAL RECORD— SENATE.

2 4 7 0




F e b r u a r y 25,

A P N IX G
PED .
[No. 220—
November 30,1907-1
[Over $350,000,000 in dividends are distributed annually by the railway and Industrial corporation stocks represented in this report.]
Quotation record.

eC | is
r
f
b 1 0
w 1h!

W ending Nov. 29.
eek
Open.

n

Low.

Names and abbreviations.

Highest and lowest prices.
To Oct. Novem­
1906.
1905.
31, 1907. ber, 1907.

£)
3
W
M

Sales
Jan. 1,1907,
to date.

These columns showonly,
the amounts listed on
the New York Stock
Exchange.
Bonds, etc.

67} 2
4
Atchison Topeka & Santa Fe Ry......... A.. $100 931 77| 110} 85? 108} 72 77} 06] 79} 71 67}! 72}
8
83 85 78
98
Do do
Pref............A Ft.. 100 105} 99 106 1 1 101# 59 7 }; 58 59 63 78*|I 80]
2
0
3. 3§
3 Atlantic Coast Line.......................AX.. 100 170 120 i 1671 1 5 1 3 77} 82 75} 78 82 59 63
21 0
4 Baltimore & O Railroad............. B O.. ICO 117 100} 1 5 9 . 122 80 80 75 77 77 76}) 82
hio
75
1
Do do
Pref............ BOFr.. 100 100 95], 99} 7 94} 29 33} 26} 29} 33} 75 i 32}
5
28}
IC
O oil 561 94} 1 83}
6 Brooklyn Rapid Transit................. B
3 4
8
.7
100 1 7 130] 201f 1551 195} 144 150] 15 1 2 149} 141}) 148]
7 Canadian Pacific Railway.............. C A..
5
9 2 59
67 : 70| 65} 65} 55 29# 23} 24} 59 52| 52}
8 Canada Southern Railway.............. CS.. 100
65§ 511 56 26#
hio
9 Chesapeake & O Railway............CO.. 100 60J 45}j 35J 25} 27} 9} 12 } 8 } 9 26# 2 1 }i 26}
1 IH
10 Chicago &Alton R R Co.............. ALT.. 100
5
7]
1 18 7 7} 6
6
17}
estern Railway...........GW.. 100 25} 60 ; 23} 70 71} 27 29] 25 27 27
1 C Great W
1 hic
5
J
80
0
Do do Pr. A...........G W Pr A. 1 0 78} 168} 199fI 146}
1
2
04
98} 1 4 93} 951 99]
1 C M
3 hic ilwaukee & St Paul Ry..........ST. 100 187} 1821 218 ""
3
135 1 6 130 1 2 1 2
3 3
Do do Pref.................... STPr.. 100 192} 190}, 240
14
126 134 128} 130 1 4
3
15 Chicago &Northwestern Ry...........N W.. 100 240> 234 i 270
I 179
25
GJ
Do do
Pref..............N WPr.. 100 42} 1 }! 4 1
16
10 } ioi 10 } ioj
9
7 2
0
17 ChicTerml & Trans Pref.......... CGT Pr.. 1 0 54 30] 47} Hi
11}
18 Chicago Union Traction Pref........ CT X.. 100 1 1 90 1 9 89
01
100 1
19 Cleveland CC & St Louis................ CC..
1
.y
20 Colorado Southern R Co............. C X.. 100 30} 22}I 4 j 29}
a
411 4
3
Do do 1st Pr........C X 1st Pr.. 100 09} 52 v 66
21
3
32}; 59 4
29}! 32
55
Do do 2d Pr...........CX 2 dPr.. 100 240] 178} 234] 189
22
127 133
100
23 Delaware &Hudson Co.................. D H.. 50 498 335 560 537
400 410
estern R R........D L_.
24 Delaware Lack.& W
16 19}
100 39] 27} 51} m
Denver &Rio Grande RR..............
25
53 55}
100 91} 83} 91} 83
Do
do
Pref............... DPr..
26
22] 11] 22} 16
8}
27 Duluth South Shore &Atl Ry...........D S.. 100 46] 21 l 45 32
li} 12 }' ii 12] 1,600
„ „
Do
do
Pref.........D S Pr.. 100
28
12f 1 4 121 15} 7,800
5!
100 52] 37}! 50}j 38}
®
29 Erie R R Co.....................................Pr.. 100 85} 74}’ 83 I 74]
:
29} 33}; 29} 33} 4,400
Do
1st Pref................. E 1st
30
21} 23j 21}! 23} 1,200
100 783 55} 76} 62}
Do
2 d Pref....................E 2 dPr.
31
H5}| 108} 112} 115} 109} 115} 1 9 ,9 0 0
335 236 348 ! 178
32 Great Northern Pref........ ....G N R Pr.. 100 3 .} 15 ! 53 | 33}
8
24}
33 Havana Electric Co....................-H N.. 100 8 * 50 | 97jj 79
Do
do
Pref............HN Pr.. 100 0
-|......I... | 78
34
100 12U 86} 135 i 113}
63 i 63i 63 | 63
35 Hocking Valley Ry Co................••-f V.. 1 0 97} 90 9 1 92}
9:
65}! 65}; 65 65
Do
do Pref..............HVPr.. 0
36
152]
118 j 122!1 7 ] 123
15
37 Illinois Central R RCo.....................IL.. 100 183 -.-J 184} 164
55} 331
Interborough-M
etropolitan Co.........I B.. 100
6
5} .
38
.....1 37}; 70}
Do
do
Pref........IBPr.. 100
18} 15 18}
39
4
100 32 24 3 ; “
10]i 9}: 10}
40 Iowa Central Ry Co........................I A.. 100 C 50 63
l
Do
do
Pref...............IAPr..
••--..... 37}
41
23]j 20} 2 2 }< 20} 2 .: 1,500
1 3
7
)
3
4 Kansas City Southern Ry............. KS U.. 100 36} 22}l 31
2
51 ( 48 1 48 60}i 4 * 5 i! 1,000
Do
do
Pref..... ....KSUPr.. 100 70 52 7
8! 0
43
40
92
---i...... 4
0
estern Ry Pr........E WPr.. 100 106
44 Lake Erie &W
145}; 90} 97}! 85}i _ 92}; 86} 92}
51
_
Louisville &Nashville R R Co............-L-. 100 1 7 134}! 156}
45
146 | 1001 112 j 105 ! 1 1 1 1 1 : 1 1 0 n o
1
100 175 161*| 162
46 ManhattanR RCo..................... ...
2 1 14 14? 12] 12] 13}' 12}) 13}
7!
14
M
exican Central Ry Co..... ......... MX C.. 100 26 18} 29}
47
84}
59
30
28}; 28}j 28}; 28} M
inneapolis & St Louis R RCo......... Mo.. 100 84] 56}! 164
48 M
140}: 60 81}j 68" 7 * 81}! 68 I
145 89}!
I 01
arie
4 M St P & S Ste M R R........MS M.. 100 I 173 148*1 183]
9 inn
168 j 100 120 115} 116 I 119 | 116 ) 119
0
Do
do
Pref......... MSMPr.. 1 0
50
5 IM
1 issouri Kansas &Texas Ry Co— . .. . K.. 100 i 39} 24 | 43] 29 44} 1 22} 25 20]| 21}) 24]; 21}! 24
72] 4
*
!
Do
do
Pref.............. K Pr.. 100 73 56}i 76 85}! 92}j 58 5<H 53 54 j 56 i 53]! 56
94
4
2
M
issouri Paciflc Ry Co....................MP.. 100 110 } 137*ji 106]! 133'| 147 108 57], 44}1 52 | 5 }! 44}- 4a
1494
.... ....J..... I......; .. 115
Nashville Chatt &St L Ry............. C II.. 100 158 3 1 }! 5 9 ] 36
59|; 44], 39}’ 394 39} 39}’”39}
100 I m
Nat R R of M 1st Pr...... MIO 1st Pr
ex
36
56]
6
NewYork Cent &II R R R...........CE N 100 167 1 42 ];i 17 3 }: 126 m \ 93]| 99] 91}. 93} 96} 91}| 9 !,
22} 24} 22]: 24
New York C & St L Ry Co...........S L 100 76 74 : 92 I 59 63} 19]
hic
91} 4
1
80
44} 48: 44}! A
H
Do
do
2nd pref........ S L Pr.. 100 95
194
}i
I 8 9 I 129}
...
135 - 135 134}' 1344
N Y NewHaven &Ilart RR..........N II 100 215]; — } 2 0 457}143]} 189 I48128
28}! 31 28}| 31*
N Y Ontario & W lty Co.............O W.. 100 64 40}
est
6
62}i 62}' 61}
Norfolk & W
estern Ry Co.................. N.. 100 88}I 76 ! 971 83 ) 92} .5
105}. 110} 103}
Northern Pacific Railway................ N P.. 100 216}1165 I 232} 179}! 189}; 100}
09}: 78}! 142 ! 103]! 124}) 75
65 i 67}! 64 | 67
Pacific Coast Co.............................P X.. 100 1
4 }!
4J
50
108 ! Ill 1 107}i 110,
Pennsylvania R R Co...........................PA.. 148 ! 131} 1 7 122}) 1 1 106}
50 143 I 79 ) 164 112 j 139}l 70}
79|; 87}, 79}j 87}
Reading Co......................... .
.
73 73 ! 73
Do 1st Pref................ R G1st Pr.. 50 97 | 90 | 96 ! 89 | 92 | 73
0
50 1 1 84 102 i 90
68
69 ! 68
Do 2 d Pref................. R G2d Pr
11] 13| Ilf
Rock Island Co........................ . ...R..i 100 37}! 21}| 32|! 23}
0
27} 32 ; 27}
Do
Pref...................... R Pr--! 100 85 1 60}| 69}: 6 *
St L &San F 1st Pr............. S F 1 st PrJ 100 8 1 ] 67 7 2 } 60
28} 26}
Do 2d Pr................ S F 2d Pr..: 100 73} 45 51} 40}! 48]'
71
13 ! 1
2
72 i St Louis Southwestern................---sns-- NJ 27} 55 | 63}| 49 I 25}
J 66| 20 | 2 * 20}' 62}
27} 26
73|; Southern Pacific............................ 8P '
Do
d0
PK
‘f..................SSHp
72§ 57}i 97}! 61 96}
711 66}
74
28 I 42}i 3U '
Ilf 1 4
0
75 1 Southern Ry Co.......................
103 j 9 :
3
33} 29} 33}
76! Do
do pref................. SRPi “
L,
28
18 1 , 17j 1
9
9
77 I Texas & Pacific........................-■ •v -lIj" 43]; m m 25}
40}
17] 17} 17} 17}
78 ■ Toledo St Louis A W Ry......... T O U.. 100 1 2 1 105 | 122} 102 . .
n
2*
71 73} 7 1 73}
1
79 ! Twin City Rapid Transit...............T \V.. 100 151} 113 195] 138}! 183 i 100
1 1 4 109| 114}
09J 1 }:
80 i Union Pacific...................................U-- 100 1
77}' 75 | 75
81
Do
Pref....................... UPr.. 100 011! 95}' 991
8}: 8}!
82 W
abash R R Co...........................WA.. 100 24}| 17}
48 I 37
.5} 1
5
83 j Do
do Pref................ WAPr.. 100
84 W
heeling &Lake Erie....................WL.. 1 0 i9j; is
0
85 j Do 1st Pnd.............. W L 1 st Pr.. 100
86 ; W
isconsin Central........................ WC.. 100
300
30
87 i
Do
do Pref................. WCPr. 100
1

Capital
stock.

5,250,700 ]$298,737,000
,000
80.400
114 ,19 9,5 00
177.100 91.223.000 4 7 .5 8 7 .6 0 0
949.600 238,468,500 1 5 2 .1 7 5 .8 0 0
9,800
6 0 ,0 0 0 ,0 0 0
2,286,100 71.521.000 4 5 . 0 0 0 .
000
1.640.200
1 2 1 .6 7 9 .8 0 0
17.100 20,000,000 1 5 . 0 0 0 . 000
729,S O 83.461.000 6 2 ,7 9 3 ,7 0 0
O
19.900 59.350.000 1 8 ,5 6 4 ,0 0 0
241.000
4 4 .4 6 5 .1 0 0
25.200
11.372.400
4.583.300 1 0 8 .4 6 5 .0 0 0 8 3 .1 0 7 .1 0 0
77.900
4 9 .8 9 1 .4 0 0
536.200 1 0 2 .6 0 9 .0 0 0 9 9 ,5 9 1 ,9 0 0
4.700 |
2 2 .3 9 5 .1 0 0
11.900 1
1 7 .0 0 0 .
000
52.000 |
12 .000.
000
63.500 j 74,8381666' 4 7 .0 5 6 .3 0 0
219.200
3 1 .0 0 0 .
000
47.400 ’ 2 9 .1 0 3 .0 0 0
8 .5 0 0 .0 0 0
116,800
8 ,£ 0 0 .0 0 0
363.600 3 7 .6 1 7 .0 0 0 4 2 .4 0 0 .0 0 0
17.300 4 6 .5 8 2 .0 0 0 2 6 .2 0 0 .0 0 0
207.700 8 4 ,3 8 4 ,5 0 0 38.000.
000
4 5 .7 5 4 .4 0 0
2 9 .3 0 0
21.300
12 .000.
000
3 .8 1 6 .0 0 0
19.200
10,000,000
1 1 1 2 .3 7 8 ,9 0 0
2.081.300
186,800 2 0 7 .1 2 6 .0 0 0 4 7 .8 9 2 .4 0 0
134,800
16,000,000
2,075.400
1 4 9 .8 3 6 .6 0 0
8.000
7 .5 0 0 .0 0 0
6 .9 0 7 .0 0 0
5)800
5,000.000
500 1 7 .9 5 6 .0 0 0 11,000,000
8.300
1 5 .0 0 0 .
0 00
74.700 1 1 6 .5 3 7 .0 0 0 9 5 .0 4 0 .0 0 0
643.300 6 7 .8 2 5 .0 0 0 J 9 3 ,2 6 2 ,1 0 0
356.500
1 4 5 ,7 4 0 ,0 0 0
73.600
8,524.400
9 .6 5 0 .0 0 0
52.300
5,673.301
134.600 3 0 .0 0 0 .
3 0 .0 0 0 .
000
000
162.400
21.000.
000
2 .500
1 1 .8 4 0 .0 0 0
1 3 .3 7 5 .0 0 0
388.300 1 3 8 .3 1 7 .0 0 0 6 0 ,0 0 0 .0 0 0
77.600 3 8 .8 8 3 .0 0 0 6 0 ,0 0 0 ,0 0 0
285.100 9 8 .9 1 1 .0 0 0 5 9 ,1 2 7 ,1 0 0
6 ,0 0 0 , 0 0 0
48.700 2 1 .4 0 5 .0 0 0
133.200 • 4 6 ,3 0 9 ,0 0 0 1 4 ,0 0 0 .0 0 0
66.000
7 .0 0 0 .
000
1.296.100 | 1 0 2 ,2 0 7 ,0 0 0 6 3 .3 0 0 .3 0 0
1 3 .0 0 0 .
000
90.300
663.300 1 8 7 .1 2 2 .0 0 0 7 7 ,4 5 0 , £ 00
000
4.200 1 5 .3 2 9 .0 0 0 10 .000.
19.100 4 7 .4 9 6 .0 0 0 2 8 .8 3 2 .9 0 0
2,012,700 4 9 8 .3 2 2 .0 0 0 1 7 8 .6 3 2 .0 0 0
53.700 1 9 .4 2 5 .0 0 0 f 1 4 ,0 0 0 ,0 0 0
11 , 000,000
11.400
9 S , 4 0 9 .5 0 0
3 .4 1 3 .0 0 0
19.100
58
183.900 20.000.
000.1 1 3 .9 0 0
214.200 9 3 .0 6 1 .5 0 0 66,000,000
4,615,600 1 8 0 .0 5 4 .5 0 0 1 5 5 ,0 0 0 ,0 0 0
7 .0 0 0 .
000
32.500 I 5 ,0 0 0 ,0 0 0
8.363.400 j 3 2 0 ,3 6 4 ,5 0 0 3 1 4 ,5 4 7 ,5 5 0
| 7 0 ,0 0 0 ,0 0 0
36.200.200
13.700 j 1 1 5 ,2 9 6 ,0 0 0 4 2 8 , 0 0 0 X 0 0
I 4 2 ,0 0 0 .0 0 0
17.900
1.090.400 j 2 6 5 ,2 7 4 ,0 0 0 f 8 9 ,6 2 2 ,2 0 0
I 4 9 ,0 6 1 ,2 0 0
163.100
j
5 ,0 0 0 ,0 0 0
5.700
97.400 } 1 3 5 ,7 0 1 ,0 0 0 1 1 6 ,0 0 0 .0 0 0
43.300 [• 4 1 ,7 2 1 ,5 0 0 ( 1 6 ,3 5 6 ,2 0 0
\ 1 9 ,8 9 3 ,7 0 0
54.600
6.826.000 j 3 2 2 ,7 2 2 ,0 0 0 1 9 7 ,8 4 9 .2 0 0
1.128.400 j l 1 4 5 ,6 8 7 ,0 0 0 1 1 1 9 .9 0 0 .0 0 0
\ 6 0 ,0 0 0 ,0 0 0
169.900
213,600 j 3 0 ,7 0 4 ,0 0 0 38.760.000
000
73.000 I 1 5 ,5 0 0 ,0 0 0 10.000.
2 0 .1 0 0 .0 0 0
98.800
I 32,038,000 ( } 2 7 0 ,3 4 8 ,0 0 0 ( 1 9 5 ,4 8 9 ,9 0 0
9 9 ,5 6 9 ,3 0 0
28.200
98,100 9 1 .5 5 4 .0 0 0 5 2 ,1 0 9 .7 0 ?
146.000
3 8 ,1 ^ ,7 0 ?
20,000,00?
49.800
21.300 17.086.000 4 ,9 8 6 , 9 ? ?
1^7 ,90 0
30.700 J 24,347,000
1 1 ,2 6 7 ,2 0 0
25,200
\

INDUSTRIALS.

Allis-Chalm Co.........................A H..
ers
89
Do do Pref.............. A H Pr..
90 ; Am Agricul ChemCo................A G R..
er
91 1Am
erican C & Foundry...............A F..
ar
92 | Do
do Pref...............A F Pr..
88

100
100
100 I 29]; 20
100 43| 31
100 I 104}, 91] 105

5
14

78 I

85 I

•Not listed.

80 | 83 J

85 j

8 2 ];

5}
15

82;

500
600
5 00

1 0 8 ,8 0 0
6 2 .3 0 0

U , r «n n nnn
I^ - P 0 0 - 0 0 0

J 1 9 .S 2 0 .0 0 0
\ 1 6 ,1 5 0 ,0 0 0

3 3 ,4 0 0

...............................

1 7 ,1 1 4 .1 0 0

700

4 3 .3 0 0

.......

5,000

628,200 1
..

30.000,000
3 0 ,0 0 0 ,0 0 0

1908

CONGRESSIONAL RECORD— SENATE

2471

Appendix G Continued.
—
Quotation record.
Highest and lowest prices.
W ending Nov. 29.
eek
To Oct. Novem­
1905.
1906. 31,1907. ber, 1907.

Names and abbreviations.

is
a

is
a

i
a

is a
O ■
i-3 3"

Sales
Jan. 1,1907;
to date.

£
O
A

Thesecolumns showonly
the amounts listed on
the New York Stock
Exchange.
Bonds, etc.

industrials—
continued.
93 Amalgamated Copper Co...................C. S100 90} 70 118} 9 ? 121! 4 ? 52 44}
1
2
46} 504 133,500
91 AmericanCotton O Co.................. AO. 100 38 2 } 44} 28 36} 23 26} 2
il
7
1
23J 25! 2,000
91
Do do
Pref.............. A OPr. 100 97 89} 95 90 90 82 80 70
50
93 Am
erican Ice Securities Co................ IS. 100 36 24} 96 35} 88 S 13 10}
11} 12 0 1
97 Am
erican Locomotive.................. AL O. 100 76] 33 78} 53} 75} 35j 40 32} 34 361 1 1 32 2.400
34 6
1
98
Do
Pref.............ALOPr. 100 122i 103} 120} 1 8 1114 83 93? 84 1 85 85 85 85 2,200
0
100
99 Am Smelting A Ref........................... AR. 100 170 79} 174 1 * 155 6 ] 7 ? 58}! 611 691
384
1 1
61| 69 144,700
100
Do do Pref................. A R Pr. 100 137 111} 130 112 117? 81! 90 S 85J 90 85| 90 3.400
3};
1 1 Am Steel Foundries.......................F Y 100 m
0
6i 1 ] 9 10} ?
5
S
4| si
100
Si
102
Do do Pref................ F Y Pr. 100 67* 35} 63} 40 474 4 6 20 26 2r| 26
600
103 Am
erican Sugar Refining Co...............S. 100 154} 130 157 127} 137} 23 1314 % 101! 104| 101J 1 3 5.000
97 0
G 1
01
1 Am Tobacco Pr New................. A T Pr. 100 m
(M
91! 109 96 98!
2
105 Am
erican W
oolen Co.................. WY 100 47! 20! 48 2 36V 60 67 60 64 64 6 64 1.500
13; 14f 1 1 1 |
S
2
800
12} 1
IC
O
Do
Pref..................... WYPr!100 lO i 93 110! 1 1 102? 69} 7 68 62 6$ 6 1 63
^
0
3
8
.
8 8
.
100
107 Arnconcia Cop M
ining............... A N C 25 73! -5 7
1 3
108 Central Leather Co........................C L 100 47! 2 } 45 55} 75| 25* 34? 29} 311 33J 3 3 ! 11.700
40 9 33} 40 1 14 HI 12} 13] 12 131 4.300
2}
1
109
Do
do
Pref............ CL Pr. 100
0 ',
8 1
1
110 Colorado Fuel &Iron Co..................c F. 100 105f 10 11 1 7 98} 102 73 75 68 6 ' 7 4 68 7 1 1,100
59 38 S3| 4 * 57? 1 17! 1 161 17 1
4
0
4
4
1 1 Consolidate! G CoN Y................... G 100 214 175 181} 130? 140} 7 * 96} 80} 85 94 84 17 9.500
1
as
.
4
112 Columbus HockCoal AIron..............H I. 100 20 llj 30} 1 28} 15} 19 15 15} 15} 1 ? 94 1,900
7
100
113 C Products RefiningCo................... C 100
It.
orn
28 18] 2 ? 8 10} 8 9J 104 5 lof 1,800
4
?
1.
0
114
Do do
Pref............. CIt Pr. 100
85} 7 1 S 46 53
2 .H
0 91 48
000
115 Distillers' Securities Corp.................... D 100 54J 3 's 74} 51 78 37? 43} 3 ? 50 5 " 48 414
It.
4
7 3 {, 414 38|
8
8.400
116 G
E..
eneral Electric Co............................. G
01
117 International Paper Co................... IP 100 192 169 184 156 163 894 114} 1 3 1054; 1144 1051 1141 3.500
100 25} 18} 26} 16} 18} 9 10} 7} 8' 91 H 9 1.000
118
Do
do
Pr............ iPPr., 100 88} 70 90 80 8 60} 62 5 52 671 5 57 2.300
1
1
1
119 M
ackay Companies....................... MK.. 100
40 49| 43 491 4 1 47i 4 4
9
8
400
120
Do do Pref.................. M
ICPr. 100
7 50
1
5 531 56 53 55
1
500
1 1 National Biscuit Co....................... ll I 100 69} 52 79} 62 86} 5 ? 63 59
2
S
6 64 6 64
1
1
300
122
Do do Pref............. "..B I Pr! 100 120} 110 118* 113} 117? 103 102} 90 93 96 93 96
300
123 National Lead Co......................
L
T m 244 95! 66 76} 35 40} 3 351 401 351
100
3
40}
124
Do do Pref..................L T Pr 100 mi 97} 1 6 100} 103 80 80 83 85' 85 83 83 10,000
0*
200
125 NewYork Air Brake Co........................A 100 1 } 140 163} 133 141} 60} 68} 55
B.,
C
126 North American Co............................. Na !! 1 7 95} 1 7 874 89} 41! 45} 37 60 611 65 61J 8.700
100
0
0
391 4 394 44 1.300
4
127 Pacific M Steamship Co................ p
ail
100 ,581 33 514 2S} 41} 1 ? 22 19 19 211 19' 21!
9
2,600
128 Peoples G Light A Coke.............. p 0
as
100 115} 97}! 103 88 9> 70} 78 7
?
1 721 76 7 7 1 6.700
1 5
129 Pressed Steel C Co.................. P R S 100
ar
34 j 64? 43 57 1 ? 18} 15} 161 1 1 1 3 1 J 3,600
6
7 5 7
130
Do
Pref.................... P It S Pr.. 100 151l 87 105 95 99* 67 7
01}!
1 4
6
500
1 1 Pullman Co........................................ PU.. 25S 230 j 270 j 180 181!! 137 140 6 66 6 64 64
3
394
600
132 Railway Steel Spring Co.......... !..!!! RY 100 6 J 30 ! 62} 44 5 J 2 2 1 135} 139 1 138 138
100
7 ! 1 6 23 24 25 23! 25
3
600
133
Do
Pref......................r y Pr
72
134 Republic Iron &Steel Co........... R B C 100 106 9 3 : 107 j 97j 99} 75 72 72? .
100
4 }! 1 1 1
1 2 7 2
16 1,100
135
Do
Prof............It B CPr,. 100 103 15 41! 22!
5
9
800
138 Sloss-Sheflield Steel &Ir............... S L S 100 118}! 67 1104 91 100 ! 50} 60} 54}
60 9 4 68} 77}: 26 38} 29
7;
34} 1,200
137 Tennessee Coal &Iron R R.............. T I. 100 148 | 68 165 129 162 ! 130 135 98 .
100}
133 U S Cast Iron Pipe......................CI P.. 100 48} m 53 ! 4 1 49}!
3
1 20 17? 171
7
171 181 1,100
139
Do do Prof.............. ,C I P Fr.. 100 97! 79} 96} 83}
49}
49
49! 5
800
1
140 | ITS Realty A Improvement............ R L.. 100 9 4 77 j 94} 75 , 89 I 37 I 55 3 491
8;
90}
311 40
200
1 1 United Ity’s Investment................ U \V 100 92}, 2 4 98 50 ! 62 12 47? () 371
4
1
1 10! io|
4
10! 1 4 1,100
1
142
Do
Pref......................U WPr. 100 9 4 6 * 93}' 55 71? 2 * 244 20 2
4 4
0
1
20 22 1,100
143 U S Rubber Co....................................Ru..
100
58} 33}: 59} 38 ! 52V 16 17? 114 1
4
1 1
4 7
600
144
Do 1st Pref................R U 1st Pr.. 100 list 9sJ 115 104} 1 9 6 * 7 ? 62 64
0 ? 11 0 !
64 66} 1,600
145 ! U S Steel Corporation......................... US..
100
44}; 2 * 50} 321 50? 21? 25}! 22} 23J 251 22! 25} 151,600
4
140
Do
Pref.....................USPr.. 100 1 7 90} 113} 98} 1 7 81? 85?| 79!' 8
0
0?
1
84! 95,200
147 Virginia-CarolinaChem.................. VC.. 100 5S! 28} 58 ! 311 39? 13} 164 1 ? 141
2
11
6
500
148 I Do
Pref......................V C Pr., 100 118} 1031 117}' 104 108 ; 77 93 75 .
85
149 ! W
cstinghouse E A MAssent..........WX.. 50 184 152 i 176 j 140 154 1 34} 54 32
4
0
500
150 ! W
estern Union Telegraph.................W.. 100 95}; 92
S
3*
62 65 < 8
6
58 3,200
H
H

i

Capital
stock.

18,902,400
$153,287,900
168,000 $5,000,000 ' 20,237,100
3,900
10.198.600
60,000
2,655,000 19.037.700
408.600
25.000.
000
32,100
25.000. 000
9.155.500
f 50,000,000
200.700
i 50,000,000
38,000
15.810.000
51.300
17.240.000
622,000
45.000.
000
116.900 103,847,500 78.659.100
135.100
29.501.100
44,900
35.000.
000
3.877.500
30.000. 000
348.700 34,025,000 f 38,409,800
63,600
\ 30,678,500
807.700
7.505.000 34.235.500
232.100 19,857,500 80.001.000
87.300
6,028,000
2.173.000 / 49,218,200
257.300
1
91.700
28.392.500
547.700 13.609.000 30,724,900
253.900
2.047.000 65,167,400
135.300 14.724.000 ' 17,442,900
48,400
. 22,539,700
82.300
’ 41,380,400
55.100
50,(W,000
O
144.900
i 29,236,000
7,300
! 24,804,500
456.400
I 20,713,600
34.200
[ 24,463,600
216.500
10.000.
000
134.800
29.779.700
127.600
20,000,000
317.800
34,546,000
32.969.100
282.400
12.500.000
28.700
12,000,000
32.700
100,000,000
107.900
4,362,000 13.500.000
20.100
13.500.000
353.900 } 8,625,000 f 27,852,000
•
175.300
\ 20,852,000
149.300
10,000,000
33.500 13,718,000 29.336.600
112.100
12.106.300
30.700
12.106.300
78.200 13,284,000 16,162,800
43.200
f 19,400,000
58.600
\ 15,000,000
161,500
23.606.000
100.700
36.263.000
16,971,800 194,873,500 '508,495,200
3,332,300
360,314,100
111.400
3,000,000 ’ 27,984,400
23,400
18,000,000
84.700 19.531.000 23,933,200
64.300 32.072.000 97.370.000

Dividends (income value or yield) earnings, m
ileage, etc.

S i
Fiscal
■3 3
Divi- year
S
* 03toC dends ends—
3 ^ o'”
G
ross.
3©s J |
a le"
b .
i" p s

<4

Charges.

Net.

Reported
gross
Date earnings
of last present age.
report. fiscal
year.

Declared dividends and last
dividends paid.
Amount.

Names and abbreviations.

Income statement last fiscal
‘
year.

divl- j

Incom values
e
and dividends.

Pay­ Books Books
able. closed. open.

P .c t.
Atchison Topeka A Santa Fe Ry A $100 6 8.28; J * D June 30
If 3 Dec. 2Nov. 7 Dec. 3
0
do do Pref..............A Pr. 100 5 6.19 F A A ...do../*93’683',4 7$13,990, 585$35,508, 674Sept. 30$24,005,568
Aug. 1 July 5Aug. 2
Atlantic Coast Line............... AX
100’ 6 9.52j JAJ ...do.. 26,771,529 6,739, 622 9,857, 578... do.. 6,064,430
!
July 10June 2 July 11
1
Baltimore &O Railroad......B O. 100 6 7.32 MAS ...do .. 1—
hio
Sept. 3Aug. 17 Sept. 3
12,588, 494 31,398, 847Oct. 3 30,231,938
1
Do do Pref.......... B OPr. 100 4 5.32 MAS ...do../52’
l l ...do.. ...do.. Do.
Brooklyn Rapid Transit........... .B.
100 ....
do..! 19,936,752 6,026, 3 8,471, 017!.......
86!
Canadian Pacific Railway........ CA.
100 7 4.70 A AO ...do. .! 72,217,528 8,511, 755127,667, 789Nov. 2 32,233,904
1
Oct l Aug. 3 O 3
1 ct.
Canada Southern Railway....... CS.
100 2} 4. F &A Dec. 31.............
... M 14 11,609,328
ay
Aug. l June 28 (»)
Chesapeake A Ohio Railway.... CO.
100 1 3.77 Nov June 3 ! 25,796,861 7 ,2 6 2 ,
0
8,656, 4 1 Sept. 30 7,598,839
9
Dec. 12N V 2 («)
O. 1
Chicago* Alton It. It. Co...... A L T. 100...
I...do..! 12,809,426 2 ,3 2 7 ,
ay 1
4,785, 868M 3 11,742,327
C Great W
hic
estern Raiiway...G w. 100...
<
ar2,555, 279Nov. 14 3,269,490
Do do Pr. A....Q W Pr A. 100 5 18.50......... M 301 9,139,087 1 ,0 9 6 ,
\ 2} Apr. 1
C M
hic ilwaukee & St Paul Ry..ST. 1 0 7 7.04; A&O
0:
1
’548,554 5 ,9 4 2 ,
,
19,930,784 M 31 55,669,422 7,049 / 3} Oct. 3Aug. 2 Sept. 23
ay
Do do Pref............ STPr. 1 0 7 5.34! A&O
0;
\ 3}...do.. ...do.. Do.
Chicago A Northwestern Ry.... N W 100, 7 5.22, J A J
.
1,878,931 6,586,
15,740,56c|oct. 3 25,769,884 7,623 1 3} July 1June 3 (°)
1
1001 8 4.10 QJan
Do do Pref......... N WPr
4
o
C Term &T ra n s Pref, .C G T Pr. io !_
hie
l
1,761,832 657,
478, 12SJune 30 1,716,487 274 \ 2 Oct. 1Sept. 1 Oct. 18
Aug. 3 ' 12,308,334 2,135,
1
Chicago Union Traction 1‘rcf.. .CT X. 100_
3,734, 489i..... m
4 8 1} Oct. 25 irn
8,
Cleveland CCASt Louis...........CC
.
10 4 7.92| MAS Dee. 3 21,594,916 1,306,
01
1
6,370, 772,Sept. 30 19,982,871 1,983 2 jSept. 3July 3
1 00







Amount.

Pay­ Books Books
able. closed. open.

P .c t-

l
Colorado Southern Ry. Co....... CX..
4 ct.
Oct. 1Sept, 1 O 2
Do do 1 st Pr..--CXlst Pr..
...do..
i ...do.. Nov. 25 Do.
Do do 2d Pr.......CX2dPr..
6
24 Dee. 1
(a)
Delaware &Hudson Co............CH..
1
ct. 21
21 Oct. 2 Oct. 3 O
Delaware Lack A W
estern R R..D L..
Denver A Rio G
rande RR...........D..
1 21July 15;Junc 26July 16
1
Do do Pref...............D Pr..
I................. i...........
Duluth South Shore A At! Ry_..D S..
.........
V - .........
Do doPref..............D SPr..
lr
Erie R R Co....................
O 1Sept. 17Oct. 9
ct.
Do 1stPref..............ElstPr..
O 1 Nov.
ct. 0
11 Nov. 1Oct. 15Nov. 6
Do 2d Pref.............E 2d Pr.4
G Northern Pref........GN BPr..
reat
L 1 ...do..
!
Havana ElectricCo............- Oct. 15Sept. 30O 16
ct.
Do do Pref......... H N Pr..
July 15June 22 Julv 16
Hocking Valley Ry Co..........---E-V..
...do ..|...do.. Do.
f1 Aug. 31 Aug- 1Aug. 22
Do do Pref............ HVPr..
| 3
Illinois Central R R Co..... .— I ". •
Interborough-M
etropolitan Co. --I f •
{ 1 July 1June 10July 1
4
Do
do Pref..... 1 B Pf-Iowa Central Ry C ......... ---I A..
o
1 14M l 1900
ay
Do
do
Pref......* A Pr..
Kansas City Southern Ry...
*
\ 1 Oct. 15Sept. 30Oct. 4
Do
do
Pref--- KSUPr..
1 July 15June 2
8, (“)
Lake Erie &W
estern Ry Pf E W Pr..
3 Aug 1 July 22 Aug. 13
2
Louisville &Nashville R RCo...... . U ■
1| O 1Sept, 13 Sept. 25
ct
M
anhattan R It Co.............. •••- -•
M
exican Central Ry Co. ...-.M A p ..
21Jan. 1 1904
5
M
inneapolis A St Louis R R C ..MS. . ■O
7 ct."
5.43 A &O —do ..(HAo oOQ 9 ooi ooi 5,510,6071Nov. 21 > 5,287,6962,232 f 2 Oct. 1 Sept. 2 O 16
5
M St P &S Ste M R R S M
inn
ane -M .
5.88 A &O ...do ..ho oqA7 l 2,901,921
O 0/O
1 3)'...do. ...do. I Do.
Do
do
Pref.MSMPr.
M
issouri Kansas A Texas Ry Co.. K
-"7.'l4 MAN b d o :: P> 183,9591 5,003,338 8,685,649 Sept. 301 6,791,607 3,072 2 Nov. 9Oct. 19Nov. 9
Do
do
Pref—K Pr..
10.40! J &J ...do ..I 48,703,3431 10,544,824 19,471,555 Nov. 21 19,759,0936,375
M
issouri Pacific Ry Co............
5.21 F &A ...do ..' 12,238,472! 1,894,331 2,52G Sept. 3 ! 3,005,5951,230 3 Aug. IJuly 22 Aug. 2
,7li
0
Nashville Chatt A St L Ry ......C
4
5.06......... !—do .. cl5,874,669 d 2,465,600! «5,722,83i Nov. 1 c6,076/257 l’730 1 Aug. 12 Aug. 5 Aug. 12
Nat R It of M 1 st Pr.M X O 1st Pr. es
6.22 QJan jDec. 3y 92,089,769 22,883,232! 33,535,551;Sept. 30 74,000,6243,774 14Oct. 15Sept. 30 (a)
New York C &1 IRRR..-CEN..
ent
.do..
New York C &St L Ry Co... .SL..
hic
M ..do. 9,902,209! 1,001,844 2 , 089,546!...do..! 7,797,149 523 4 M 1.........
ar
ar.
Do do
2nd pref ....S L Pr..
QM June 3 j 55,601,936! 15,187,714! 24,080,756!M 31 40,996,9384,310 2 Sept 30Sept. 1 («)
ar
0
ar.
4
N Y New Haven A Hart R R.. .N H.
July !...do.. 91 1CJ OOI 1,356,9501 3,Oil,732Sept. 30 2.419,700 546 2 July 29July 16July 29
8,202,361! n
N Y Ontario A W Ry Co----0 W
est
.
T 6. IA
An
__
- J &D I...do..I 31,164,381
2 Dec. 18Nov. 3' (“)
1
1
Norfolk &W
estern Ry Co......... --N.
QFeb 1...do.. 68,534,832|
13 Nov. 1 O 12Nov. 2
ct
Northern Pacific Railway.........H P.
QFeb ...do.. 7 ---1 ...do.. Oct. 1 Do.
4
7
Pacific Coast Co... ............... EX.
MAN D 31148
ec.
’64 3J Nov. 30Nov. 4 (0)
Pennsylvania R R Co.............. J
t
4.57| F&A IJune 301
2 Aug. IJuly 15
5.481 MAS .. .do..) 89,715,087 15,917,7011 28,466,451;...do.. 11,734,376 4,298 2 Sept. 10Aug. 24 (°)
(<
D
Do 1 st Pref......... R G1st Pr5.80; MAN .. .do.J
1 jXov. 9 O 22 («)
ct.
Do 2 d Pref...........R G2d Pr.
..... I...............do.. «4,413,467 3,688,448'.............\ .
Rock Island Co......................
QFeb .. .do.. /60,238,420 11,151,266 19,939,460!
J“ao " 16,367,6747,780 2 Nov. 1 1905..
4 6.67 QJan ;;;^;;}3s,62i,067 9, 495,889
|
6 ct.
O
ctSt L &San F 1st Pr........S F 1st Pr.
15,280,355Jan. 3 28,649,6075,062 1 [D 1Sept. 1 .1O
1
QM
ar
1 ec. 1, 1905
Do 2d Pr......... SF 2d Pr.
St Louis Southwestern........S3,564,681 Nov- 2 4,340,777|1,451
1
idoPil1 -553-135
0
Do do Pref........... S Sir.
!
19,423,833 45,950,898 Sept. 30 34,254,658!...... IJ Jan- 2 1908 |.........
Southern Pacific...................... S P- 100 6 8.39.{.. .do.. 1124,864,440
Southern Ry Co. ............---s R- 100 3 ! 9.03 AAO 1.. .do.-j}5®657,994 11,265,616 13,787,994 Nov. 21 23,750,263 7,547 IJ Oct. 18Sept. 21 O 18
ct.
7
Do do pref.......... S R Pr.
100__t.......1
..........D 3 ; 14,914,608; 3,043.220 5,115,702 ...do J 14,540,111 1,826
dc. 1
Texas A Pacific....................
100...-1 1
...... ..........June
------ 1,279,206 .. .do .1,758.721 601
767,581
Toledo St Louis &W Ry--- FOG- lOi 5 6.85 QFeb D 30 4,181,906
n
O
ec. 3
1
4
J
Twin City Rapid Transit.........1 W 100 1 ! 8.73 AAO'June 3G 5,644,988 1,427,428 3,019,609 Nov. 1! 5,253,550...... 1 Nov. 15Nov. l! (“)
.
0
\ „S
1
24 Ian. 2 Nov. 30 Dec. 18
1 Union Pacific......................... --L
0
1 0 4 5.32. AAO!...do..I/75-'81-115 8,652,622 44,586,903Sept. 3 ! 2,419,7665,588 2 O 1Sept. 14Oct. 9
0! |
ctDo Pref............................UPr.
100....
W
abash R R Co.................... "A.
'27,432,473 5,813,659 8,869,854 Nov. 2 11,444,5472,516
1
Do do Pref.......... WA Pr. 100L..
W
heeling A Lake Erie............ WL- 100L..
6,124,207 1,787,039 2,119,268 Nov. 1 2,681,642 4 2
4
4
00*__
Do 1 st Pref........ WL 1st Pr. 1
.d o ..
lO j__
O
W
isconsin Central............. ---W c7,577,179 1,811,112 2,882,213 Sept. 30 2,087,407 1,018
.do..
100’__
Do do Pref......... WCPr.
IN U T IA S
D S R L.
Allis-Chalraers Co..................-A IT
.
89
Do do Pref...........AHPf90 Am Agricul ChemCo.........A(jii.
er
91 ■Am
erican C A Foundry........-At ar
92
Do do Pref..........A F Pr.
93 Amalgamated C
opper Co............. C.
94 Am
erican Cotton O Co........... AO.
il
95
Do do Pref..........A 0 Pr.
96 Am
erican Ice Securities Co.........IS.
97 Am
erican Locomotive........... ALO.
92
Do
Pref........ ALOPr.
99 AmSmelting &Ref.................A R.
100
Do do Pref..........A R Pr.
101 Am Steel Foundries................ FY.
102
Do do l'ref...........F Y Pr.
103 Am
erican Sugar Refining Co......... S.
104 AmTobacco Pr New...........AT Pr.
105 Am
erican W
oolen Co............. WY
Do Pref.......... WY Pr.
1 7 Anaconda C M
0
op ining.......... A N C
.
108 C
entral Leather Co................. CL
109
Do do Pref...........CLPr.
110 C
olorado Fuel A Iron C
o......... CF
111 Consolidated G C N Y.......... G
as o
112 Colum
bus Hock C A Iron.....H I
oal

vJu e 30\
n
100
505,049 0229,817 .
QF . . . d o . . ! /
100
. . . d o ../ 2,935,989
1,057,201 .
loot
14.68 Q Jan iApr. 301
10
0:
M, 779,983
8.48 Q Jan | ...d o .. J
1001
9,161,537
7.92 Q F
...d o ..j.
100
8.00 Dec
[Aug. 311
10
0;
225,000 2,367,263
7.50; J A D j— do . . ij
100
............ Pec. 31!.
5S.311
100 ;
13.70 Q F
June 30
10
0!
515,486; 412,698 6,771,105
8.24 Q J a n ...d o ,30h
^
100
il. 44 . v . . -|Apr.^30 l j3)2so,058;.................. 11,509,070
100:
7.78, QJan
100
100
r 31j}19,46815211 377,8281 8,100,607
100
6.75 QJan Dec. 3
1
100
9.36,......... ...do-.L.......... 10,539,421 26,406,373 .........
100
100
.
i,—
,660,449 41,560,416 4,781,15s1
.........
A
100 7|10.22 QJan ...do..! 23,734,203' .............| 5,718,828
255.00 15.15 .........
10 0 ............. 1........ . ...do ••[} 1,205,791:
•do
359,785 .....
...do
ion 7 I 0 so
__ ___
i w . . . . J u n e 30 22,32o,<H 2 , 1 :6,270; 2 ,559,029
6
lOs 4 1 4.25 QM j...do ..j............. .............. .......... ---I
O
ar
100...J................. bee. 31| 527,065, 73,597) 103,828,

l j Feb.

Industrial
com- j
panies !
issue no |
weekly or,
monthly •
reports of \
earnings. ,

Ij 1904.

ct.
1 :O
ct. 1Sept. 11 ,O 2
Do
if . ..do .. .. So
5 ct.
l Nov. •2 O 24Oct. 28
o D
ec. 1 1906
3 D 2 Nov. 1
4ibec. a
ec.
IJJuly 20July lotJuly 22
8
1 Nov. 26 Nov. O Nov. 27
4
Oct. 21 Sept. " ct. 23
jO
ct. 15.. .do Oct. 16
2 O
O 1Sept. aojoct. 3
ct. ,
1]

1
4Jan. 2 Nov. 27Jan. 3
4Oct. >
ct.
IJO 1Sept. 1
Vj Oct. 15 Sept. 26 O ct. H
6
5
............. 1
....... i . 25 Oct. 1 Oct. 5 O ct. 1
*
............. !.......( 1 ?Jan. 2 I>ec. 10 , (<)
1} A 15 1902. *
pr.
........1 Dec. 16Nov. 26 Dec. 1
"
JM 1 1904. I........
ar.

'lit'

2473

CONGRESSIONAL RECORD— SENATE.

1908.

Appendix G Continued.
—

Dividends (incom value or yield), earnings, mileage, etc.
e

Index.

Names and abbreviations.

Par value.
Annual divi- j
dend.
Incomo value
at last quo­
tation.

Income values
and dividends.

Income statement last fiscal
year.

Fiscal
Divi­ year
dends ends— Gross,
pay­
able.

Charges.

Net.

Declared dividends and last
dividends paid.
Reported
gross
Date earnings M
ile­
of last present age.
report. fiscal
year.

Pay­ Books Books
able. closed. open.

p. a.

113
14
1
115
16
1
117
118
119
120
11
2
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
11
4
142
143
144
145
146
147
148
149
150

Com Products Refining C ......CR..
o
Do
do Pref__ ..C It Pr..
Distillers’ Securities Corp. ......i) R..
General Electric Co......... .......GE..
International Paper Co__ .......IP..
Do do
Pr...... ...I P Pr..
M
ackay Companies......... ..... MK..
Do do Pref....... ..M K Pr..
National Biscuit Co........ .......B I..
Do do Pref....... ...B I Pr..
National Lead Co............ .......LT..
Do
do Pref...... ..LT Pr..
New York Air Brake Co... ..... A B..
North American Co......... ...... N A..
Pacific M Steamship Co........... P..
ail
Peoples G Light & C o k e . ..... P O..
as
Pressed Steel C Co........ ...PUS..
ar
Do
Pref.............. P R S Pr..
Pullman Co.................... ..... PU..
Railway Steel Spring Co— ..... It Y..
Do
Pref.............. ..R Y Pr..
Republic Iron &Steel C .. .. . R BC..
o
Do
Pref.............. ft B C Pr..
Sloss-Sheffield Steel &Ir... ....8 L S..
Tennessee C A Iron R li ......T I..
oal
U S Cast Iron Pipe........... ...C IP ..
Do
do Pref__ C I P Pr..
U S Realty & Improvement ...... RL..
United Ry’s Investment... ....U W..
Do ' Pref.............. .U W Pr..
U S Rubber Co................ ..... R U..
Do
1st Pref...... RUlstPr..
U S Steel Corporation....... ......u s..
Do
Pref.............. ..U S Pr..
..... VC..
Tjo
Pref.............. ..V CPr..
W
estinghouse E &MAssent. .. WX..
W
estern Union Telegraph.. ........W..

M 31
ar.
)....
$100
$1,689,466
Oct. Sept. 30 Oct. 10
.. .do.
100 4 8.32
Oct. Sept. 25 Oct. 17
$4,541,696 $586,581 3,341,387
i
;
100 6 14.46 QJuly
ec.
2 Jan. D 7 (°)
61,608,831
74,395 8,427,842
8 7.00 QJan
100
100 . . . .
>21,841,486 1,217,853 2,841,470
Sept. 1 Sept. 25
4
!O
ct.
100 6 10.50 QJan I...do..
ct.
..do .. .do .. !O 1
Jan. 3 3,310,874
1
100 4 8.24
Do.
...do .. .do
100 4 7.28 QJan .. .do -.
ec.
6
ljlJan. 15D 28-Jan. 1
100 5 7.80 QJan ...d o ..
3,954,507
1 Nov. 30 Nov. 16|Dec. 2
2
1 0 7 7.29 QFeb ...d o ..
0
June S
3 Jan. 1 Dec. 13|Jan. 2
1
1 0 5 12.40
0•
2,499,632
oc.
if Dec. 1 Nov. 27jD 17
6
ar
1 0 7 8.43 Q M ...d o .
0
O 22 Oct. 4Oct. 22
ct.
,
1 0 8 13.01 Q Jan July 3
0
Sept. 2Aug. 15 < )
«
K) 5 11.35Q M ...d o .. 19,907,433 1,226,759 8,132,562
M
1 Dee. i 1899
1282.884
M 3 5,724,337
ay 1
100
1
7.92 Q Feb Dec. 3 11,680,044 1,819,300 4,892,741
n Nov. 25Nov. 9Nov. 26
100 6
1 1904
Q Feb .d o ..
( i Aug. 3
100 ____
8
,
100 7 9.36 Q Feb ...d o . >36,158,586 14,745,659 3.381.884
) u Nov. 27Nov. 36Nov. 14
Nov. 1
5Oct. 1Nov.
100 8 5.80Q Feb July 3 32,186,013
ct.
0O 23
Dec. 3
1
1 2 Oct. 22Oct. 1
1 0 4 16.00
0
2,341,120
ec.
ar
100 7 9.72 Q M ...d o .
1 li D 20Dec. Dec. 21
1
8
June 3 >26,196,438 13,468,023 3,777,401
100
6O
{ a If Oct. 1Sept. 1 ct. 17
ar
100 7 11.83Q M ...d o ..
(a)
1,210,843
210,000
Nov. 30
H Dec. 2Nov. 19
100 5 14.60
l Nov. 1O 10Nov. 4
ct.
895,145 2,753,160
d o .. 13,265,971
100 4 3.99
ec. 2
ec. 2iNov. 9 D
/ l D
100 4 21.64 Q M
90,000 1,846,208
I if ...do Nov. 9 Do
1 0 7 13.72Q M Dec. 31
0
Nov. 1O 21Nov. 2
ct.
A 30 2,318,922 664,200 1,445,935
pr.
1 0 6 15.00
0
D 3
ec.
100
760,000 <750,000 747,208
V 2 Jan. 2 1907
#1
...do.
100 5 22.76
pr. 30 1900
j l A
100
•54,723,757 1,334,576 32,808,594
ct. 1O 5
) 2 O 3 ct. 1 (a)
100 8 12.08Q Jan
ec. 30D 9Dec.
ar
1 0 2 7.92 Q M
0
128,430,482 \ year. $76,759,523 Net. j If D 30 N ec.. 6Dec. 31
(»)
2
Nov.
ov
{
100 7 8-26Q Feb
QM
ar
/ li June 1 1903
10
0
944,604 4,024,918
ct.
O 15Sept. 28O 16
ct.
1
100 8 9. 4 Q Jan
l 2
ct. 1
33,026,240 1,638,803 5,435,910
2 ct. 1 ct. 3O 1
JO 0O
0
50 1 25.00
ct. 5Sept. 20 Do
32,856,400 1,327,975 6,324,210
50 10 8.60Q Jan
li O 1

is date; books do not close.
Record of stockholders
6Railroad department. ,t
cM
exicancurrency.
d United States currency. ,lP
«Rock Island C
o.
/ Chicago, Rock Island and Pacific Rwy. Co.
a

Deficit.
AQuarter ending Oct. 21,1906.
*Dividend on preferred.
*2 per cent extra.
1Including cumulative dividend on preferred stock.
i»9months ending Sept. 30,1907.
0

be carried must have a paid-up capital of not less than $25,000, ex­
clusive of surplus and profits, and all funds deposited In other than ap­
proved reserve banks will not be counted as part of tbe lawful reserve.
he
rrassed by the fifth regular session of the legislative assembly of the 'T department will furnish blanks for naming and approval of reserve
banks.
Territory of Oklahoma and as amended by the seventh and eighth.]
Seventh. The full amount of the capital stock of the proposed bank
1907.
must be deposited with one of the approved reserve banks and the
H, h . Smock, Bank Commissioner.
certificate of such reserve bank showing the required amount on deposit
with it must be filed in the office of the bank commissioner. (Blank
How to Organize New Banks.
certificates furnished.)
CHARTER.
The banking iaw prescribes a severe penalty for doing a banking busi­
First read section 2 of the banking laws which p r e s c r ib e s the amount ness before receiving a certificate of authority from the bank commis­
sioner.
of capital required according to the population of
city
W
hich the bank is to be located. No bank can be organized with less
IT. H. Smock,
H a n k C o m m issio n er.
capital than $10,000, fully paid in.
Apply to the secretary of the Territory for blank articles of lncorporaG u t h r ie , O k l a ., F e b r u a r y 1, 1907.
uuu. .nits law requires iuuw me
v /1
,,
tion. The mw vrtniuirtsB that the articles of incorporation shall, be
B a n k s and B a n k in g .
• bv
pA ----- —
subscribed . at . 1 , ii..... stockholders of the n nncA hank snnli
least three
proposed bank, shall
S e c t io n 1. Any three or more persons, a majority of whom shall be
be acknowledged by them, ami shall recite that the capital stock. *
fully paid up. After completing the articles of incorporation forward residents of this" Territory, may organize themselves into a banking
association and be incorporated as
and shall
to
them to the secretary of the Territory, inclosing draft for v10f the carry on the business of receiving a bank, on deposit, be permitted or
money
either with
secretary’s lawful fee for issuing a charter.
.
. without interest, and of buying and selling exchange, gold, silver, coin,
Procure a stock certificate book, stock record, minute book for record bullion, uncurrent money, bonds of the United States or of this Terri­
of minutes of stockholders’ and directors’ meetings, and a bank seal.
tory, or any of the cities, counties and school districts therein, and
O G N TIO .
R A IZA N
territorial, county, city, township and school district, or other municipal
After the charter has been granted by the secretary of the Territory, indebtedness, and loaning money on chattel and personal security, and
the remaining details of organization must be approved by the bank to own a suitable building, furniture and fixtures, for the transaction
commissioner, and no bank shall commence the business of banking of its business, the value of w'hich shall not exceed one-third of the
capital of such bank fully paid : P r o v i d e d , That nothing in this sec­
until it has received his certificate of authority.
The banking department requires:
„
„ arnn„ n f tion shall prohibit such bank from holding and disposing of such real
estate as it may acquire through the collection of debts due to it : A n d
First. Statement showing names of stockholders, res'ffimce, P ™
of stock subscribed, and the amount paid in. the capital stock mint p r o v i d e d . That all banking institutions now organized as corporations
doing business in this Territory are hereby permitted to continue said
be fully paid in cash. (Blanks will be furnished.)
Second. A certified copy of the minutes of the stockholders meeting business as at present incorporated, but in all other respects their
business and tbe manner of conducting the same and the operation of
showing adoption of by-laws and election of a board of directors. A
majority of the stock of the bank must be represented at this meeting. said bank shall be carried on subject to the provisions of this Act and
Third. A copy o f the by-laws a d o p t e d , typewritten o r in pin and ink, in accordance therewith : A n d p r o v i d e d f u r t h e r , That no bank shall en­
certified to bv the chairman of the stockholders meeting and attested gage in any business other tban such as is authorized by this Act.
by the secretary, and seal of the bank affixed. (Sample form of bjCAPITAL STOCK.
S ec . 2. (As amended
the
That
the
Fourth^Oath of directors. Each director elected must take and capital stock, which shall by fully Act of 1905.) not be hereafter, ten
be
paid up, shall
less than
subscribe to the oath of office. (Blank oaths furnished.)
cities having
Fifth! A certified copy of the directors’ meeting showing election of thousand dollars in towns or stock, which less than twenty-five hun­
inhabitants; the capital
officers. The president, vice-president, and secretary mustbe mem >ers dredbe less than fifteen thousand dollars shall be fully paid tip, shall
not
in cities having
cf the board of directors. The cashier must be a stockholder, but not twentv-five hundred and less than five thousand inhabitants; more than
the capital
Necessarily a director If the cashier is a director he should act as stock, which shall be fully paid up, shall not be less than twenty thou­
sand dollars in cities having more than five thousand and less than ten
8''S u ly Reserve banks. The banks with whom a reserve account Is to
Appendix H.
O LA O A BA K G LA S.
K HM
N IN
W




J
K . fi

CONGRESSIONAL RECORD— SENATE.

2474

thousand inhabitants; the capital stock, which shall be fulg J ^ v e r
chnii not he Ipss tbiiii twGHtY'fivc thousand doluirs in Cities 11av 1 c
t i n thousand^Inhabftants; and in addition to the other requirements of
the law the charter of any such bank shall contain the name and place
of residence of each of its stockholders, and the amount of stock sub­
scribed bv each, and such other provisions, not
sub_
law as the stockholders may deem proper. The charter shall he suo
scribed bv at least three of the stockholders of the proposed bank, and
shall be acknowledged by them, and the full amount of the capital stock
lha bl fully0paid up, not less than two-thirds in lawful money before
the charter is filed: P r o v i d e d , That from and after the passage of this
Act, ft shall be unlawful for any bank in this Territory without first
amending its charter, to remove or attempt to remove its bankin„ hou^e
or place of business from the place named in its oriD
mal artici
incorporation or charter.
BA K O G N D W EN
N S R A IZE , H .




less than fortv-one days from the first publication, the relief prayed for
SR be cranted A copy of such notice shall be sent to the bank com­
missioner within ten days after the first publication thereof, and he
«inii within thirty days thereafter make a thorough examination of the
affaire of such bank and file a certified copy thereof with said petition.
Anv nereon interested may, on or before the time fixed by the notice,
and afterwards, if permitted by the court, file a written objection to
the dissolution of such corporation. The petition and objection thereto,
if anv shall stand for a hearing the same as a civil action; and if upon
the hearing thereof the court shall bo satisfied that the petition is
true and that there is no valid objection to the dissolution of such
corporation, it shall render judgment dissolving the same.

SE . 3. The existence of such bank as a corporation shall date from
C
the filing of its charter, from which time it sha.^ b»ve and tna>^^^t
cise the powers conferred by law upon corporations ^ener< .
sh^u
as limited or modified by this Act: P r o v i d e d , That such
and ap.
transact no business except the election of officers, the t
S o£ sui,.
proving their official bonds, the receipts of payments
incidental
scriptions to its capital stock, and such ®
bner business I^ commis.
to its organization, until it has been authorized
f banking
sioner provided for hereinafter to commence the business
as hereinafter provided for.
SH R S M ST B PA IN CA
AE
U
E ID
SII.

divided

SEC, a. The cayiuu »iooK oi * •« such association sha and au suu4. ine capital stock of any
**
a"ilnr= each,
into shares of not less than one hundred d^ lar®h:?c p r o v i d e d , That
scriptions to said capital stock shall be paidincasn.
accepted
in the reorganization of a bank, the assets of the old may »
in lieu of cash, at their actual value.
__
sec.

CO M
M ISSIO ER'S C R
N
E TIFIC TE O A TH RITY.
A
F U O

F ebruary 25,

BOARD OF

D ETR
IR C O S.

Sec. 10. The affairs and business of any banking corporation doing
business under this act shall be managed and controlled by a board of
d i r e c t o r s , not less than 3 nor more than 13 in number, who shall be
selected from the stockholders in the manner provided in the general
corporation act, a majority of whom shall be residents of the Territory
of Oklahoma; the hoard shall designate one of their number to act as
president and one as secretary, and shall select from among the stock­
holders a cashier; such officers shall hold their offices for a term of
one year and until their successors are elected and qualified. The
board shall require the cashier and any and all officers having the
care and handling of the fuDds of the bank to give a good and suffi­
cient bond, to be approved by them and held by such custodian as the
hoard may designate. The board of directors 'shall hold two regular
meetings each year, and at such meetings thorough examination of the
books, records, funds, and securities held by each bank shall be made
by them, and the result of such examination shall be recorded In detail
upon the record book of the bank. A certified copy of the record of
such meetings shall be forwarded to the bank commissioner within
ten days.
STOCKHOLDERS’ LIABILITY.

S ec .
organized under this act
stock shall be11. The shareholders of every bank stock owned and no more.
additionally liable for the amount of

Sec. 5. (A s amended by the Act of J ^ 8^ J e n t \ > ? cashier thereof
of any bank shall have been paid up, t e p
^ statement, showing
shall 'transmit to the Bank
n he stockholders, the amount of
te
the names and places of residence of
^ ^ ^ ‘and the Bank C
ornstock subscribed and the a“ £unt paid in ^ ® to examine into the
missioner shall thereupon have the same pc>w
er
that time been
condition and attains of s^hJiank as It
» » thirty days from
engaged in the banking business, and “e ® bamination, and shall ex£a*
the receipt of such statement, make B«n
iQ 0Q acc0unt of its
amine especially as to
. amount of capital stock of which
capital, and by whom P ^ a?d the owner, a* ^ respects; and i£
„ ur
each stockholder is, iri good faith, the owner? andwhether such bank
has complied with the provisions °
ibed and has In all respects
such hank has l^ n organized.
Pj
gaid commissioner shall issue
complied with the provisions w tt e a'J’ certiflcate showing that it has
to such bank, under h s hand ana sea
required by law and is
a s t o ’ ttS&ct“a S e m i ranting lualnesa as prnvlaea by tils
A grr fi This section, which made provision for the payment of the
C
residue of ?he capital stock, was repealed in toto by the Act of 1903.

INVESTMENTS LIMITED.

No bank shall employ its moneys directly or indirectly In
trade or commerce by buying or selling goods, chattels, wares or mer­
chandise, and shall not invest any of its funds in the stock of any
other bank or incorporation, nor make any loans or discount on the
security of the shares of its own capital stock, nor be the purchaser or
holder of any such shares, unless such securities or purchase shall he
necessary to prevent loss upon a debt previously contracted in good faith,
and stock so purchased or acquired shall, within six months from the
time of its purchase, be sold or disposed of at public or private sale;
after the expiration of six months, any such stock shall not be con­
sidered as part of the assets of any bank: P r o v i d e d , That it may sell
all kinds of property which may come into its possession as collateral
security for loans or any ordinary collection of debts, in the manner
prescribed by law.
S ec. 12.

RESERVE REQUIRED.

13. Each bank doing business under this Act shall have on
hand at all times in available funds the following sums, to wit: Banks
located in towns or cities having a population of less than 2.500 an
amount equal to 20 per cent of their
deposits; banks located in
IN R A O C PITA STO K
C E SE F A
L
C.
population, a n y i .
grr 7 This section was repealed In toto. It provided for the In- cities having over 2,500 two-thirds ofcfl1 Ti’t equal to 25 per cent
. may consist of balances
SB V
C
in be i ™ M
original capital stock of their entire deposits,
crease- of capital S
stock to he made only after the governing increase of due them from good solvent banks IocW li^ commercial centers, and
capiUiTsto^^are n'ow^ound^it^rely^inSeetipn 18,Article 3, of Chapter at such other points as the Bank Commissioner may approve, and
one-third shall consist of actual cash: P r o v i d e d , That any bank that
17“fvSy TO^SraftiJn9mayhin?reale or ^ImiSi'sh' its capital stock at a has been made the depository for the reserve of any bank or banks
shall have on hand at all times in the manner provided herein 23 per
stating It, cent of its deposits. Whenever the available funds in any bank shall
“ First. Notice of
whichTt* is proposed to increase’ or diminish be below the required amount, such hank shall not increase its lia­
object and the amount
oers0nally served on each stockholder resi- bilities by making any new loans or discounts otherwise than by dis­
counting or purchasing bills of exchange payable at -sight, nor make
any dividends of its profits until the required proportion between the
aggregate amount of its deposits, and its lawful money reserve has
been restored; and the Bank Commissioner shall notify any bank
whose lawful money reserve shall be below the amount required to be
C
e^Thl?rt It least two-thirds of the entire capital stock must be repre­ kept on hand, to make good such reserve, and if such bank or asso­
sented by t4 vote in favor of the increase (or diminution) before it can ciation shall fail to do so for a period of thirty days after such notice,
it shall be deemed to be insolvent, and the Bank Commissioner shall
^e“eS e A certificate must be signed by the chairman and secretary take possession of the same and proceed in the manner provided in
th
, the meeting, ana a malorlty of thetke amountshowing a the capital this Act relating to insolvent banks. The Bank Commissioner may
*Fov^ V in tr ttm a ] .• tjon directors, to which compliance
l
of
refuse to consider, as a part of its reserve, balances due to any bank
ricch
kthLr??fteirTncrcased.thor diminished, the amount of stock repre­ from any other bank or association which shall refuse or neglect to
sented
the meeting and the vote by which the object was accom- furnish him with such information as he may require from time to
time relating to its business with any other bank doing business under
plW fth The certificate must be filed In the office of the Secretary this Act which shall enable him to determine its solvency; P r o v i d e d ,
Fifth'■ -irL„ there to 1 recorded .ncreascd or of corporations, and That all savings banks or savings associations which do not transact
thorp to he » iea in the book diminished.
of the Territory,
a general banking business shall be required to keep on hand at all
thereupon the J^Httpnassent of the holders of three-fourths of the times in actual cash a sum equal to* 10 per cent of their deposits, and
.
stock shaB ' ekas effectual to authorize the increase shall be required to keep a like sum invested in good bonds of the
b ag lf a meeting were called and held;
subscribed capital stock
United States or Territorial, county, school district or municipal bonds
and 2 S5 S w r i | t e n Passent.(the directors may proceed to make the of the Territory of Oklahoma, worth not less than par.
N te —This
gives the Bank Commissioner absolute discre­
certificate herein provided for.
Laws of 18 S 9 makes special tionoas .to wheresection shall keep their reserves. The rule of the depart­
hanks
Note.—As section 42 or cnapier
^ bankg> lt supersedeg the
ment Is that no bank having a paid-up capital of less than $25,000.00
provisions for
f f e^ eot 13 9 3 as far as the diminution of capital shall be considered a reserve agent.
above section of the Laws or
■
ital stock wm be made in
EXCESS LOANS.
S d I S c r ." h etbe
„
d
18, article 8, chapter 17. «< the
Sec. 14. The total liability to any bank of any person or company
Laws of 1893, above Quoted.
made provision for the corporation or firm, for money borrowed. Including in the liabilities
of the company or firm the liabilities of the several members thereof
shall not at any time exceed 20 per cent of the capital stock and sur
installments due thereon.
plus of such bank actually paid in; but the discount of bills of ex
DISSOLUTION.
change drawn in good faith against actual existing receipts as col
lateral security, and a discount of commercial or business paper actu
ally owned by the person, shall not be considered as money borrowed
The Bank Commissioner may at any time order an excess loan reduced
to the legal limit within sixty days from the date of notification by
P s h l u i e S ta X o S e e of the.
him.

-S c g jg & a fe

K ir is '? ! am ou M ot tfeV ock b old ere ot

S ec .

SSSSi

FALSE BErORT,

SeC 15. Every officer, director, agent or clerk of any bank doing
.
the laws
Territory
forth, and that all claims and demands againstsuchoassomtlonhave business under subscribes of the makes any of Oklahoma who wilfully
and knowingly
to
false report, or any false
been paid and discharged; and thereupon a notice sbal bc PUblished statements or entries in the or
books of such bank, or knowingly sub­
in the manner prescribed by law for service
scribes to or exhibits any false writings on paper, with the in tent
notice shall state the name of the court in which the petition has been
filed, the substance and purpose thereof, and that u n lep objections to deceive any person as to the condition of such bank, shall be deemed
are filed thereto, on or before a time to be stated, which will not be guilty of a felony and shall be punished by a fine not to exceed one

CONGRESSIONAL RECORD— SENATE

1908.

thousand dollars, or by Imprisonment in the Territorial prison not
exceeding five years, or'by both such fine and imprisonment.
R C IV G D P SIT W E IN LV N
E E IN
E O S H N SO E T.

Sec. 16. No bank shall accept or receive on deposit, with or with­
out interest, any money, bank bills or notes, or United States
treasury notes, gold or silver certificates, or currency, or other notes,
bills, checks, or drafts, when such bank is insolvent ; and any officer,
director, cashier, manager, member, party or managing party of any
bank, who shall knowingly violate the provisions of. this section, or
be accessory to or permit, or connive at the receiving or accepting
of any such deposit, shall be guilty of a felony and upon conviction
thereof shall be punished by a line not exceeding five thousand dollars,
or by imprisonment in the penitentiary not exceeding five years, or
by both such fine and imprisonment.
VIOLATIONS PUNISHED.

17. It shall be unlawful for any individual, firm or corporation
to transact a banking business, or to receive deposits, except by this
act authorized. Any person violating any provisions of this section,
either individually or as an interested party in any association or
corporation, shall be guilty of a misdemeanor, and on conviction
thereof, shall be lined in a sum not less than three hundred dollars or
more than one thousand dollars, or by imprisonment in the county
jail not less than thirty days nor more than one year, or by both such
fine and imprisonment.
S ec .

R PO TS, W E M D .
E R
HN AE

IS. Every bank shall make out at least four reports each year,
and oftener if called upon, to the Bank Commissioner, according to
the form which may be prescribed by him, verified by the oath or
affirmation of the president or cashier of such association, and attested
by the signatures of at least two of the directors. Each such report
shall exhibit, in detail and under the appropriate beads, the resources
and liabilities of the association at the close of business on any past
day by him specified, and shall be transmitted to the Bank Commis­
sioner within ten days after the receipt of a request or requisition
therefor by him, and shall be punished in the same form In which
It is made to the Bank Commissioner, except that cash and sight
exchange may be shown under one heading and shall be published
within ten days after the same Is made out in a newspaper published
In the county'in which such hank is established, for two insertions, at
the expense of the bank; and such proof of publication shall be
furnished within five days after date of last publication, as may be
required by the Bauk Commissioner. The Bank Commissioner shall
also have power to call for special reports from any bank whenever
in his judgment the same are necessary in order to gain a full and
complete knowledge of its condition. The verification of such state­
ment shall he in the following form:
T e r r i t o r y o f O k la h o m a , C o u n t y o f ------- s s :
I ------- president (or cashier) of said hank, do solemnly swear that
the above statement is true, that said bank has no other liabilities, and
is not indorser on any note or obligation, other than that shown in the
above statement, to the best of my knowledge and belief, so help m
e,
God.
-----------------, P r e s id e n t .
-----------------, C a s h ie r .
P r o v i d e d , The reports authorized ami required by this section, to he
called for by the Commissioner, shall relate to a date prior to the date
of such call to be specified therein.
S ec .

D ID N R P R E .
IV E D E O T D

In addition to the reports required by the preceding sections
each bank doing business under this Act, shall within ten days after
the declaring of any dividend, forward to the Bank Commissioner a
statement of the amount of such dividend and the amount carried to
the surplus and undivided profit accounts and shall also forward to the
Commissioner, within ten days after the first of January in each year,
in such form as he may designate, a verified statement showing the
receipts and disbursements of such bank for the preceding year.
S ec . IP.

PENALTY FOR FAILURE TO REPORT.

Sec. 20. Every bank which fails to make and transmit or to publish
any report required under either of the two preceding sections, shall be
subject to a penalty of fifty dollars for each day after the period re­
spectively therein mentioned, that It delays to make and transmit its
report or the proof of publication. Whenever any bank delays or refuses
to pay the penalty herein imposed for a failure to make and transmit or
to publish u report, the Commissioner is hereby authorized to maintain
an action, iu the name of his office, against the delinquent bank for the
recovery of such penalty, and all sums collected by such action shall be
Paid into the Territorial treasury and placed to the credit of the banking
department.
DISSOLUTION BY BANK COMMISSIONER.

21. Every hank, except national banks, doing business In the
Territory of Oklahoma, which shall refuse or neglect to comply with
any requirement lawfully made upon it by the bank commissioner pur­
suant to this net, for a period of ninety days after demand in writing
is made, shall be deemed to have forfeited its franchise, and the bank
Commissioner shall thereupon revoke Its authority to transact the bankiug business, by publication in the official county paper of the county in
W
hich the hank is located, and any failure on the part of such banks
to comply with, or any violation of the provisions of this net, shall work
0 forfeiture of its franchise; and in either case the attorney general,
upon the request of the bank commissioner, shall commence an action
tor the purpose of dissolving said corporation.

D TIE
U S,

24. It shall be the duty of such Commissioner to visit each and
every bank doing business in this Territory, except national banks,
at least once in each year, and oftener, if necessary, for the purpose
of making a full and careful investigation and inquiry into the con­
dition of affairs of such bank; and for that purpose the Commissioner
Is hereby authorized and empowered to administer oaths, and to examine
under oath the owners and directors, and all officers and employees
and agents of such bank. The Commissioner shallreduce the result
thereof to writing, which shall contain a full, true and careful state­
ment of the condition of such bank. No loan shall be made by any
bank to any of its officers or employees, except upon the express order
of the board of directors, made in the absence of the applicant, duly
entered in the record of the board proceedings, and only upon the same
security as required of others. Any officer or employee of the bank
violating the provisions of this section shall be deemed guilty of em­
bezzlement.
S ec .

EXA IN TIO FE S.
M A N E

Sec. 2o. Each and every bank so examined, having not more than
fifteen thousand dollars capital stock paid in, shall pay a fee of fifteen
dollars for each and every examination; and each and every bank
having more than fifteen thousand dollars capital stock paid in and
not more than twenty-five thousand dollars capital stock paid in, shall
pay a fee of twenty dollars; and each and every bank having more
than twenty-five thousand dollars capital stock paid in and not more
than forty 'thousand dollars capital stock paid in, shall pay a fee of
twenty-five dollars; and each and every bank having more than forty
thousand dollars capital stock paid in, and not more than fifty thousand
dollars capital stock paid in, shall pay a fee of thirty dollars; and
each and every bank having more than fifty thousand dollars. capital
stock paid in, shall pay a fee of thirty-five dollars to the Commissioner.
R C R O F E A D E PE SE
E O D F E S N X N S.
Sec. 26. It shall be the duty of the Bank Commissioner to keep
a record of all fees collected by him, together with the record of the
expenses incurred in making examinations of all banks, and at the
end of each quarter pay over to the Territorial Treasurer all fees col­
lected during the preceding quarter, and he shall file with the Territorial
Treasurer an itemized statement, showing from whom collected.

N M E O R P R S R Q IR D
U BR F EOT EU E.

Sec 27. The Commissioner shall have power at any time when he

deems it necessary, to call upon any bank, except national banks, for
a report of its condition upon any given day which has passed, or as
often as the Commissioner may deem it necessary; Provided, That
the Commissioner shall require four such reports at least, during each
and every year.
CALL FOR STATEMENT.

28. A copy of each call made by the Bank Commissioner for
a statement from all banks doing business under this Act shall be
mailed to each bank.
S ec .

IN LV N BA K R C IV R
SO E T N S, E E E S.

Sec. 29. If upon examination made by the Commissioner or from
anv report made to the Commissioner, it shall appear that any bank
is insolvent, it shall be the duty of the Commissioner immediately to
take charge of such bank and all the property and effects thereof.
Upon taking charge of any bank, the Commissioner shall, as soon as
possible, ascertain by thorough examination into its affairs, its actual
financial condition, and whenever he shall become satisfied that such
bank can not resume business or liquidate its indebtedness to the satis­
faction of all its creditors, he shall institute proper proceedings m the
proper court for the purpose of having a receiver appointed to take
charge of such bank and to wind up the affairs and business thereof,
for the benefit of its depositors, creditors, and stockholders. . lbe Bank
Commissioner may appoint a Special Deputy
take charge of the affairs of an insolvent bank temporarily, until a
receiver is appointed; such deputy to qualify, and give bond and receive
compensation at the rate of four dollars per day, such compensation
to be paid by such bank or allowed by the court as costs in case of
the anoointment of a receiver: P r o v i d e d , That in no case shall any
bank continue in charge of such special deputy for a longer period than
thirty days.
„
COMMISSIONER IN POSSESSION, ATTACHMENT BARRED.

Sec 30 Any hank doing business under this Act, may place its
affairs and assets under the control of the Bank Commissioner by post­
ing a notice on its front door as follows: “ This bank is in the bands
of the Territorial Bank Commissioner.” The posting of such notice, or
the taking possession of any bank by the Bank Commissioner shall be
sufficient to place all of its assets and property of whatever nature in
the possession of the Bank Commissioner and shall operate as a bar to
anv attachment proceedings except where deposits were received after
the hank was known to be in a failing condition.
V L N A Y LIQ ID TIO .
OU T R
U A N

S ec .

B N C M ISSIO E
AK O M
N R.

Sfc, 22. The governor shnll appoint, by nnd with the advice and
.
consent of the council of the legislative assembly, a bank commissioner
for the Territory of Oklahoma, whose term of office shall be for two
Sears, the first term commencing on the first day of March, 1809, and
(Continuing) until bis successor is appointed and qualified. No officer
0r employee of any bank, or anv person interested as owner or stock­
holder of anv hank, shall be eligible for the office of hank commissioner:
P r o v id e d That no person shall be appointed as hank commissioner who
shall not have had, prior to such appointment, at least three years’
actual experience as a banker.
BOND AND OATH.

21 Anv bank doing business under this Act, may voluntarily
linnidate bv paving off all its depositors in full, and upon filing a verified statement with the Bank Commissioner setting.forth the fact that
all its liabilities have been paid, and tlie surrendering of its certificate
of authority to transact a banking business, it. shall cease to be sub­
ject to the provisions of this Act, and may continue to transact a loan
■ i
’
Business under its charter: P r o v i d e d , That the Bank
Commissioner shall make an examination of any such bank for the
puSose of determining that all its liabilities have been paid.
8 fc

W EN IN LV N
H
SO E T.

M A bank shall be deemed to be insolvent, first, when the
cash market value of its assets is insufficient to pay its liabili‘ 1 '.' . speond when it is unable to meet the demands of its creditors in
the usual and customary manner; third, when it shall fail to make
mod its reserve as required by law.
S ec 33 The directors or owners of any bank doing business under
this act may declare dividends of so much of the net profits of their
bank as they shall judge expedient but each bank shall, before the
declaration of a dividend, carry one-tenth of its net profits since the
last preceding dividend to its surplus fund, until the same shall amount
to r>0 per cent of its capital stock.
Note.—A dividend can only be declared by a regular act of the board
of directors, entered upon the minute or record book of the bank, and
1ft per cent of tlie net profits must in every case he passed to the sur­
plus fund, until the surplus is equal to one-half of the bank’s capital

Sec 0 3 rp||C D commissioner shall, before entering upon the dis­
;,nk
charge of-his duties, take and subsorll>e the usual oath of office and
p * e e u t e to the Territory of O k l a h o m a a bond in the sum of twenty-five
thousand dollars with sufficient surety for the faithful performance of
stock.
duty, to be approved and tiled as provided by law.




2475

2476




CONGRESSIONAL RECORD—SENATE.

E ebkuaby 25,

pairment of Its capital: P r o v i d e d , That such bank if not insolvent may
SURPLUS FUND NOT DISTURBED.
reduce its capital stock to the extent of the impairment, if such reduc­
Sec. 34. Any losses sustained by any bank, in excess of its undivided tion will not place its capital below the amount required by this act.
profits, may be charged to its surplus account: P r o v i d e d , That its sur­
NATIONAL BANKS MAY INCORPORATE.
plus fund shall hereafter be reimbursed from its earnings, and no divi­
dend shall be declared or paid by any such bank until its surplus fund
Sec. 44. Any national bank doing business in this Territory may
incorporate as a State bank, as provided herein, for the organization of
shall be fully restored to its former amount.
banks: P r o v id e d , That the Bank Commissioner may accept good assets
CAPITAL NOT DIM
INISHED.
Sec. S o . No hank officer or director thereof shall, during the time it of such national bank worth not less than par in lieu of cash pay­
shall continue its banking operations, withdraw or permit to he with­ ment for the stock of such State bank.
LIST OF STOCKHOLDERS KEPT.
drawn, either in form of dividends or otherwise, any portion of its
capital. If losses have been at any time sustained by such bank equal
S ec 45. The president
bank shall
to or exceeding its undivided profits then on hand, no dividend shall be cause . to be kept a t all and cashier of every incorporated the names
and correct list of
made, and no dividend shall bo declared by any bank while it continues and residences of all the times a full in the bank and the number of
shareholders
its banking business to any amount greater than its profits on hand, shares held by each in the office where its business is transacted. Such
deducting therefrom its losses, to be ascertained by a careful estimate list shall be su b ject to the inspection of all the shareholders and cred­
of the actual cash value of all its assets at the time of making suen ito rs of the bank_ and the officers authorized to assess taxes under
dividends. The present worth of all maturing paper shall be estimated T e rrito ria l authority, during business hour of each day in which
at the usual discount rate of the bank. Nothing in this section snail business may be legally transacted. A copv of such list on the first
prevent the reduction of the capital stock of any bank in the manner Monday in January of each year, verified by the oath of such presi­
prescribed herein.
„
...
dent or cashier, shall be transm itted to the Bank Commissioner.
Note .-—Before any dividend is declared, the officers and d ir e c to r s
r e fu sa l to be e x a m in e d .
should first go over the bank’s assets carefully and charge off any naa
Sec. 46. Whenever any officer of the bank shall refuse to submit the
OFFICERS’ NEGLECT OF DUTY, FELONY.
books, paper, and concerns of such bank to the inspection of the com­
SE . 36. Every banker, officer, employee, director, or agent of any missioner, or examiner appointed as aforesaid, or shall in any manner
C
bank who shall neglect to perform any duty required by this act, or obstruct or interfere with him in the discharge of his duties, or refuse
who shall fail to conform to any lawful requirements made DJ tue to be examined on oath touching the concerns of the bank, the com­
bank commissioner, shall be deemed guilty of a felony, and P
. missioner may revoke the authority of such.bank to transact a banking
viction thereof shall be punished by a fine not to e^oeed one tl
business, and may institute proceedings for the appointment of a
dollars, or by imprisonment in the Territorial prison not t
receiver for such bank to wind up the business.
five years, or by both such fine and imprisonment.
doing b u s in e s s afte r re v o c a tio n .
BANK, WHAT CONSTITUTES
Sec. 47. Any officer of any bank whose authority to transact a
SEC. 37. Any individual, firm , or c o r p o r a t io n who
banking business has been revoked as herein provided, who shall re­
■ ~ ’
certificates '
on deposit, whether on’e S S o ror subject to check, shall be copsu.ereu ceive or cause to be received any deposit of whatever nature after
banking business, and shall te amenable.to. a l l P
such revocation, shall be subject to the same penalty provided for
as doing a banking
visions of this act: P r o v i d e d , inai proii..»v.,
for the persons transacting a banking business without authority.
received on deposit shall be held to be certificates of deposit tor tn.
re al e st a t e o w n e d .
purpose of this act.
,
Sec. 48. A bank may purchase, hold, and convey real estate for the
FALSELY CERTIFYING CHECKS.
following purposes: First, such as shall be necessary for the conven­
Sec. 3R It shall be unlawful for any officer clerk, oragentyO^ any ient transaction of its business, including its furniture and fixtures,
.
bank doing business under this act, to certify a y
corporation but which shall not exceed one-third of the paid in capital; second,
order drawn upon the bank unless the person, "Jim or rorjwrauon such as shall be conveyed to it in satisfaction of debts previously con­
drawing such check, draft, or order has on deposit with the bank at tracted in the course of its business; third, such as it shall purchase
the time such S , draft, or order is certified, an amount of m
oney
judgment, decree, or mortgage foreclosures under
emial to the amount specified in such check. Any check, draft, or at sale under it, but a bank shall not bid at any such sale a securi­
order <o certified by the duly authorized officer shall b ?a good and valid ties held by enough to satisfy its debts and costs. Heal estatelarger
<
amount than
shall
obligation6against such bonk; but the officer, clerk or agent of any be conveyed under the corporate seal of the bank and the bands of
b a n k violating the provisions of this section shall be deemed guiitv of a its president or vice-president and cashier. No real estate acquired
Sony, and upon conviction shall be punished as provided in section 3b in the cases contemplated in the second and third subsections above
of this act.
shall be held for a longer time than five years. It must be sold at
EMBEZZLEMENT.
a private or public sale within thirty days thereafter.
Sec 39 Every president, director, cashier, teller, clerk, officer, or
reduced re al e sta te h o l d in g s .
agent ’ any bank who embezzles, abstracts, or willfully misapplies any
of
F eC. 49. Any bank now doing business in this Territory, which owns
of the moneys funds, securities, or credits of the bank, or who issues
or nuts forth any certificates of deposit, draws any draft or bill of ex­ real estate in excess of 50 per cent of its capital paid in, shall
change, makes any acceptance, assigns any note, bond, draft, bill of reduce its holdings, by converting* same into cash or other good assets,
exchan"e mortgage, judgment or decree, or who makes use of the to an amount not exceeding 50 per cent of its paid up capital, within
bank in any manner with intent in either case to injure, or defraud six months after the passage of this act.
the bank or any individual, person, company, or corporation, or to
t r a n sf e r s o f STOCK.
deceive any officer of the bank, and any person who with like intent
Sec. 50. The shares
an incorporated bank shall
aids or abets any officer, clerk, or agent in any violation of tins sec­ personal property, andof stock oftransferred on the books of be deemed
shall be
tion shall be deemed guilty of a felony, and upon conviction thereof in such manner as the by-laws thereof may direct, but no the bank
transfer
shall be punished as provided in section 36 of this act.
of stock shall be valid against a bank or any creditor thereof so long
PAYING OVER-DRAFTS.
as the registered holder thereof shall be liable as principal debtor,
Sec 40 Any bank officer or employee who shall pay out the funds surety, or otherwise to the bank for any debt which shall be due and
of any bank upon the check, order or draft of any indmdual, firm cor­ unpaid, nor in such cases shall any dividend, Interest, .or profits be
,
aid
poration or association, which has not on deposit with such bank n pan! on B stock so long as such liabilities continue, but all such
sum equal to such check, order or draft, shall ??.,Pers?a?/ 7 -iahle to dividends, interests, or profits shall be retained by the bank and ap­
such bank for the amount so paid, and such liability shall be covered plied to the discharge of such liabilities, and no stock shall be trans­
ferred on the books of any bank where the registered holder thereof
by bis official bond.
is in debt to the bank for any matured and unpaid obligations.
CAN NOT FAVOR DEPOSITORS.
LOANS TO STOCKHOLDERS LIMITED.
Svr 41. No bank, banker, or bank official shall give preference to
any depositor or creditor by pledging the assets of the bank as collateral
Sec. 51. It shall be unlawful for any bank to loan Its funds to Its
security: P r o v i d e d , That any bank may borrow money for temporary stockholders on their stock as collateral security; and the total Indebt­
purposes, not to exceed in amount 50 per cent of its paid-up capital, edness of the stockholders of any incorporated bank shall at no time
and mav pledge assets of the bank as collateral security therefor: P r o ­ exceed 50 per cent of its paid up capital: P r o v i d e d , That any bank um
v
v i d e d fu r t h e r , That whenever it shall appear that a bank is borrow­ hold its stock as additional security or to secure a debt previously
in'* habitually for the purpose of reloaning, the Bank Commissioner contracted.
re c e iv e r ’ s re por t .
mav require such bank to pay off such borrowed money. Nothing herein
shall prevent any bank from rediscounting in good faith and indorsing
Sec. 52. Receivers of all insolvent banks shall make reports to the
any of its negotiable notes.
Bank Commissioner in the same manner as is required of solvent banks
REDUCING CAPITAL STOCK.
and shall cause such statements to be published in like manner.
SE 42 The capital stock of any bank doing business under this
C
BLANKS, FORMS OF.
act may “ reduced at any time by resolution adopted by a threebe
S
carrving into effect
provisions of
fourths vote of its stockholders, at any regular meeting or at a special thisec. 53. For the purpose of shall provide a form the the necessary
act, the bank commissioner
for
mating held for that purpose, of which all stockholders shall have due blanks for such examinations and reports; and all examinations and
notice ^subject to the approval of the Bank Commissioner, which shall reports received by him shall be preserved in his office.
not be given unless such bank with such reduced capital is entirely
BANK COMMISSIONER AND ASSISTANT.
solvent W the Bank Commissioner has approved of any such re­
hen
duction. a certificate, signed by the president and cashier of the bank
SE . 54. As amended by the act of 1903. The bank commissioner
C
setting forth the reduction of its capital and the names and amount of shall receive for his services a salary of eighteen hundred dollars per
stock held by its stockholders, shall be filed with the Secretary of the annum and the sum of one thousand dollars per annum for deputy or
Territory, and a duplicate copy shall be forwarded to the Bank Com assistant. The legislature shall appropriate a sum not to exceed sit
­
missioner. W
henever the capital of any bank shall be reduced as pro­ hundred dollars for each year to cover the Incidental expenses of the
vided in this section, every stockholder, owner or holder of any stock bank commissioner’s office, and to defray the traveling expenses of the
certificate, shall surrender same for cancellation, and shall be entitled bank commissioner. Ail money actually and necessarily paid out by
to receive a new certificate for his proportion of the new Stock: P r o ­ the commissioner for traveling and incidental expenses shall be paid to
v id e d , That such capital stock shall not be reduced more than is pro­ him upon the auditors warrant, to be issued upon sworn vouchers convided in section 2 of this act.
taimng an itemized account of such expenses: P r o v i d e d , That the
expense account so audited and the warrants so drawn shall not exIMPAIRED CAPITAL STOCK.
ceed six hundred dollars per annum, and it shall be unlawful to create
Sec, 43. Whenever it shall appear that the capital of any bank
doing business under this act has been impaired, the Bank Commis­ a deficit
REPORT TO GOVERNOR.
sioner shall notify such bank to make suen impairment good within
S ec . 55. The bank commissioner shall make a report to the governor
sixty days, and it shall be the duty of the officers and directors of
any bank receiving such notice from the Bank Commissioner to imme­ on or before beptemaer 1. of every even numbered year, which report
diately call a special meeting of its stockholders for the purpose of shall contain the names of the owners, or the principal officers, the
assessment of its stockholders of its stock sufficient to cover the Im paid up capital of each, the number of banks in the Territory, the name
­

1908,

2477

CONGRESSIONAL RECORD— SENATE

and location of each, the number and date of examination and reports present in person, and------- shareholders were present by proxy, rep­
made of and by each, and such other information concerning the same resenting -------- shares of the capital stock of said bank, it was
R e s o l v e d , That under the provisions of section 18, article 3, chapter
as m a y be necessary to in f o r m the g o v e r n o r o f t h e condition thereof.
17. of the laws of 1893, of Oklahoma Territory, the capital stock of
NEGLECT OP DUTT.
this bank be Increased in the sum of $------- , making the total capital
S ec. 56, Any commissioner who shall neglect to perform any duty
provided for by this act, or who shall make any false statement con­ stock $--------.
The above resolution
and
following vote,
cerning any bank, or who shall be guilty of any misconduct or corrup­ representing more than was passedof theadopted by the of said banking
two-thirds
capital stock
tion in office shall, upon conviction thereof, be deemed guilty of a felony, corporation:
and punished in the manner provided for in section 36 of this act, and
in addition thereto shall be removed from office.
Number of shares.
Name.
Residence,
COUNTY ATTORNEY.
Sec . 57. It shall be the duty of the bank commissioner to inform the
county attorney of the county in which the bank is located of any vio­
lations of any of the provisions of this act, which constitutes a mis­
demeanor or felony, by the officers, owners or employees of any bank,
and upon receipt of such information the county attorney shall institute
proceedings to enforce the provisions of this act.
Total number of shares :
FALSE OATH, PERJURY,
Sec. 58. Every officer or employee of a hank required by this act to
Thereupon the said increase of stock was paid in, and the same as
take an oath, or affirmation, who shall wilfully swear or affirm falsely, increased is now fully paid in cash.
shall be deemed guilty of perjury, and. upon conviction thereof, shall
Signed at ------— Oklahoma, this------- day o f---------, 190—.
,
be punished as provided by the laws of this Territory in case of perjury.
REPEALING ALL FORMER ACTS.

P r e s i d e n t o f S t o c k h o l d e r s ’ M e e t i n g a n d D ir e c t o r ,

Sec. 59. Chapter 4 of the Session Laws of 1897, relating to the
incorporation of banks, and to the governing of institutions doing a
S e c r e t a r y o f S t o c k h o l d e r s ’ M e e t i n g a n d D ir e c t o r .
banking business, and receiving deposits, shall be and the same is in­
operative and void, and all laws and parts of laws inconsistent here­
D ir e c t o r .
with, are repealed: P r o v i d e d , That this act shall not affect any offense
committed or right of action accruing from (prior to) the taking effect T e r r it o r y o f O k l a h o m a ,
— - —— ------------ County, 88 :
hereof, but all such offenses or rights of action shall remain and be
Subscribed in my presence and sworn to before me this ------- day
prosecuted under the law existing at the time such offense was com­
o f ------- , 190—.
mitted or such right of action accrued.
M commission expires --------, 190—.
y
Note.—This section repealed In toto the act of 1897.
QUALIFIED TUBLIC DEPOSITORIES.

The seventh legislative assembly passed one additional section to the
banking law, relative to the banks doing business under Territorial
charter, concerning their being designated depositories of Territorial
and county funds, and prescribing their qualifications, as follows: As
amended by act of 1905.
S ection 1. That section 4, of chapter 4, of the Session Laws of Okla­
homa, 1903, he and the same is hereby amended to read as follows:
Sec. 4. Any hank duly organized under and in compliance with the
laws of this Territory relating to hanks and banking corporations and
doing business in the Territory of Oklahoma, or any national hank
organized under the laws of the United States and doing business in
the Territory of Oklahoma, shall be qualified to become Territorial
and county depositories, when so designated according to law, by giving
securities by the depositing with the proper Territorial or county
officers. United States bonds or Territorial bonds, or general fund Ter­
ritorial warrants, or Territorial special fund warrants, or approved
county or municipal bonds in the Territory, or approved countv or school
district warrants in the Territory, and the proper officers are hereby
authorized and empowered to contract accordingly.

N o t a r y P u b lic .

Appendix I,
THE WILLIAMS-RODDIE BANKING BILL.

Passed by the first State Legislature of the State of Oklahoma and
approved by the governor December 17, 1907.
Amendatory and supplemental to the Oklahoma banking laws as
heretofore published in pamphlet form by the banking department.
OKLAHOMA BANKING

LA .
W

Banks are semipublic institutions. The character of their business
is such that they must practically stand or fall together, and a law that
protects depositors will of itself be the best protection that the banks
themselves can have.
Honesty and capability in banking are indispensable to proper pro­
tection of the depositors and for protection of the banks themselves.
Dishonest and reckless banking must not exist.
Active managers of banks must not be borrowers from their own
banks.
Banks must be frequently and carefully examined.
The following new sections and amendments have been made to the
V o l u n t a r y L i q u id a t io n .
existing banking laws of the State of Oklahoma, which gives the State
CERTIFICATE UNDER SECTION 31.
a code of Jaws which forever insures the stability of the banks and the
" e, ------- and --------, being a majority of the board of directors safety of deposits:
W
of the -------- Bank o f -------- at ------- , Oklahoma Territory, do B e i t e n a c te d b y th e p e o p l e o f t h e S t a t e o f O k la h o m a :
hereby certify that at a meeting of the shareholders of said bank, held
ec tio n 1. A
at the banking house of said bank In the city o f------- , Oklahoma, on of Sthe governor, State banking board is hereby created, to be composed
president of
the ------- day of --------, 190—, pursuant to notice given to all of agriculture. State lieutenant-governor,State auditor. the State board of
treasurer, and the
the shareholders of said bank, as required by law and the by-laws of
Sec. 2. Within sixty days after the passage and approval of this act,
said bank, the following resolution was adopted:
the State banking board shall levy against the capital stock, an assess­
R e s o l v e d , That the ------- Bank, of --------> Oklahoma, be placed
ment of one per cent of the bank's daily average deposits, less the de­
in voluntary liquidation, under the provisions of section 31, chapter posits of State funds properly secured, for the preceding year, upon
4, of the laws of 1899, of the Territory of Oklahoma, and the directors
existing under the
this
of this bank are directed and empowered to pay all depositors and cred­ each and every bank organized and depositors' guarantylaws of Said
State, for the purpose of creating a
fund.
itors of the bank, and make the certificate of liquidation required by assessment shall be collected upon call of the State banking board
law. and sunender this bank’s certificate of authority to transact a
In one year from the time
assessment is levied,
banking business under the laws of Oklahoma to the bank commis­ thereafter, each hank subject the firstprovisions of this act,and annually
to the
shall report
sioner of said Territory. The above resolution was adopted by the to the bank commissioners the amount of its average daily deposits for
following vote:
the preceding year, and if said deposits are in excess of the amount
upon which one per cent was previously paid, said report shall be ac­
companied by additional funds to equal one per cent of the said daily
Name.
Residence.
Number of shares. average excess of deposits, less the deposits of State funds properly
secured, and less deposits of the National Government, for the year
over the preceding y e a r , and e a c h a m o u n t shall be added t o the deposi­
tors’ guaranty fund.
If the depositors’ guaranty fund is depleted from any cause, it
shall be the duty of the State banking board, in order to keep said
fund to one per cent of the total deposits in all of the banks subject to
the provisions of
to levy a special
cover such
The total number of shares constituting the capital stock of the said deficiency, which this act,assessment shall beassessment to the capital
levied
bank is —
----- shares. There were present at said meeting, either in stock of the banksspecial to this act, according to theupon
subject
amount of their
person or by proxy, stockholders representing three-fourths of the deposits, as reported in the office of the bank commissioner, and said
capital stock of said bank.
shall become immediately
Now, therefore, we further certify that the said bank has paid its special assessmentorganized subsequent to due and payable.
Sec 3.
of
act
depositors in full and that this bank has at this time no unpaid liabili­ shall . pay Banks the depositors’ guaranty the enactmentcent this the
into
fund 3 per
of
ties of any kind or nature.
amount of their capital stock when they open for business, which
amount shall constitute a credit fund, subject to adjustment on the
Director.
basis of its deposits as provided for other banks now existing at the
end of one year; p r o v id e d , h o w e v e r , said three per cent payment shall
Director.
not be required of new banks formed by the reorganization or consoli­
dation of banks that have previously complied with the terms of this
act.
Director.
Sec 4. Any national bank in this State, approved by the bank com­
Territory of Oklahoma,
missioner, may voluntarily avail its depositors of the protection of the
■
■
-------- C o u n t y , 8 8 :
fund, by application to the State banking board
Subscribed in my presence and sworn to before me by the said depositors’ guarantysaid application may be sustained upon terms and
in writing, and the
------ and---------, this------- day of —------, 190conditions in harmony with the purpose of this act, to be agreed unon
bv the State banking board, the bank commissioner, and the Com
n
N o t a r y P u b lic .
troller of the Currency of the United States : P r o v i d e d , That in the
190-.
My commission expires
event national banks should be required by Federal enactment to nav
assessments to any depositors’ guaranty fund of the Federal Govern
RESOLUTION TO INCREASE CAPITAL STOCK AND CERTIFICATE OF INCREASE. ment, and thereby the deposits in national banks in this state should
At a meeting of the shareholders of the ------- Bank of ------- at be guaranteed by virtue of Federal laws, that the national banks
*
-------f Oklahoma, held on the ------- day of ------- , 190-, after having availed themselves of the benefits of this act, mav withdraw
notice given to all of the stockholders of said bank, as required by law therefrom and have returned to them ninety per cent of the unused
and the by-laws of said bank, at which ------- shareholders were p o r t i o n o f a l l a s s e s s m e n t s l e v i e d u p o n a n d p a i d by s a i d b a n k s .




2478

CONGRESSIONAL RECORD— SENATE.

Febettaby 25,

population,
Sec. 5. Whenever any hank organized or existing under the la-tvs located In cities having over 2,500two-thirds ofan amount equal to 25
of
of this State shall voluntarily place itself in the hands of the hank per cent duetheir entire deposits, solvent hanks, which may consist of
balances
to them from good,
selected from time to
commissioner, or whenever any judgment shall he rendered by a court time with the approval of the Bank Commissioner, and one-third shall
of competent jurisdiction adjudging and decreeing that such hank is consist of actual cash : P r o v i d e d , That any bank that has been made the
insolvent, or whenever its rights or franchises to conduct a banking
reserve of any
shall have on
business under the laws of this State shall have been adjudged to he depository for the in the manner other bank or banksper cent of its
provided herein
forfeited, or whenever the hank commissioner shall become satishea hand at all times the available funds in any bank25
deposits. Whenever
shall be below the
of the insolvency of any such hank, he may, after due examination of required amount, such bank shall not increase its liabilities by making
its affairs, take possession of said hank and its assets and proceed to
discounts
wind up its affairs and to enforce the personal liability of the stock­ any new loans or payable at otherwise than by discounting or purchasing
bills of exchange
sight, nor make any dividends of its profits,
holders, officers, and directors.
until the required proportion between the aggregate amount of its
[Amending section 29 of the banking laws.]
deposits and its lawful money reserve has been restored; and the Bank
Sec. 6. In the event that the hank commissioner shall take posses­ Commissioner shall notify any bank whose lawful money reserve shall he
sion of any bank which is subject to the provisions of this act, de­ below the amount required to be kept on hand to make good such reserve,
positors of said hank shall he paid in full, and when the cash avail­ and if such bank or association shall fail to do so for a period of thirty
able. or that can be made immediately available, of said hank is in­ days after such notice it shall be deemed to be insolvent, and the Bank
sufficient to discharge its obligations to depositors, the said banking Commissioner shall take possession oi the same and proceed in the man­
board shall draw from the depositors’ guaranty fund and from aum- ner provided in this act relating to insolvent banks. The Bank Commis­
tional assessments, if required, as provided in section 3 , tae amount sioner may refuse to consider, as a part of its reserves, balances due to
any bank from any other bank or association which shall refuse or
necessary to make up the deficiency, and the State shall have, for_
benefit of the depositors’ guaranty fund, a first lien upon tue assets neglect to furnish him with such information as he may require from
time to time relating to its business w any other bank doing business
’ith
of said bank, and all liabilities against the stockholders, officers,
under this act which shall enable him to determine its solvency : P r o ­
directors of said bank, and against all other persons, corporati >
v i d e d , That all savings banks or savings associations which do not
firms. Such liabilities may he enforced by the State for the
transact a
be
to keep on hand
of the depositors’ guaranty fund.
.
.
hnnt, at all timesgeneral bankingabusiness shall 10 required of their deposits,
in actual cash sum equal to
per cent
S e c . 7. The bank commissioner shall take possession of the do
,
and shall be required to keep a like sum invested in good bonds of the
records, and assets of every description of such bank; collect
United States, or State, county, school district, or municipal bonds of
dues, and claims belonging to it, and upon order of the district c o
the State of Oklahoma, worth not less than par.
or judge thereof may sell or compound all bad or do
and on like order may sell all the real oi’ personal property of sucn
[Amending section 13 of the banking laws.]
banks upon such terms as rue court in j«usc thereof .r ”r < ' the
the
or judge
nnij
the
S ec. 16. The total liabilities to anv bank, of anv person, company,
may. if necessary, pay the debts of such .bank nnd_ then enio^^ rne
bank and the ^ ^ufor
or firm for money borrowed,
liability of the stockholders, officers and directors i >orid c d h o w i c , corporation, firm and the liabilities of the including the liabilities of the
ckh<'
company or
,
several members thereof shall
that bad or doubtful debts as used m this section shall
not at any time exceed 20 per cent of the capital stock of such bank
the liabVlity oTstockholders, officers, or directors.
actually paid in, but the discount of bills of exchange, drawn in good
[Amending section 29 of the banking laws.]
faith against actual existing values, as collateral security, and a dis­
Sec. 8. It shall he the duty of the bank:
TuionsVf this count of commercial or business paper, actually owned by the person,
0
assistants, to v i s i t each and e v e ry bank, subject the p advisable for shall not be considered as money borrowed: P r o v i d e d , h o w e v e r , That
act, at least twice each year and oftener if he deem .t advisam e, tor any bank without impairing its reserve, may advance funds to any per­
the purpose of making a affairsand such b,aAx.a and for tnat pi i o
f0 . that purpose son, company, corporation, or firm to assist in marketing agricultural
1
into the condition of the full of cailf^!1 n k ,
products in amounts not exceeding 75 per cent of its paid-up capital.
the bank commissioner and his assistants are he - y
stockor loans must be
empowered to administer oaths, and to exam ne under oath ^e srocK Such advancesof such products, limited to 75 per cent of the actual cash
market value
secured by elevator receipts, warehouse
certificates, or yard tickets, with fire-insurance policies in amount to
Knt" or otnerpe^ous. *'if."contain a full, true, and careful, T5? guarantee the reduceagainst loss. The Bank Commissioner shallwhen he
i
i S S S < Y state­ any bank to bank or liquidate any of the aforesaid loans require
hanks o"ao
m
ent;0^ the Conditions of such bank, and file and retain same in his deems the security insufficient, believes that the loans are being carried
for speculation, or that the condition of the bank will not justify such
[Amending section 24 of the banking laws.]
loans.
[Amending section 14 of the banking laws.]
R 9 The bank commissioner’s salary shall be twenty-five hundred
fc
dollars (#2,500) per annum and traveling expenses, and he shall apSec.
The violation of any
the
no nt subject to the approval of the Governor necessary assistants, officers 17. directors of any bank of the provisions of this act by the
organized or existing
and the salary of each assistant shall not exceed fifteen hundred dol­ laws of or State shall be a sufficient cause to subject subject tohank
this
the said
lars ($1,500) per annum and traveling expenses.
to be closed by the Bank Commissioner and for the annulment of its
[Amending section 54 of the hanking laws.]
charter.
[Amending section 21 of the banking laws.]
S ec . 10. The hank commissioner shall deliver to each bank that has
complied with the provisions of this act a certificate stating that said
Sec. 18. Any officer of a bank found by the Bank Commissioner to
bank has c o m p lie d with the laws of this State for the protection of
removed
by
hnnk depositors and that safety to its depositors is guaranteed by be dishonest, reckless, or incompetent shall be he is an from office the
the board of directors of
officer on
the depositors’ guaranty fund of the State of Oklahoma. Said certifi­ written order of the Bank the bank of which
Commissioner.
cate shall be conspicuously displayed in its place of business, and said
ec. 19. The expense of
the depositors’
bank mav print or engrave upon its stationery and advertising matter bySthe State hanking board administering from said fund. guaranty fund
shall lie paid
words tftEe effect that its depositors are protected by the depositors’
Sec. 20. All acts and parts of acts in conflict with this act be, and
guaranty fund of the State of Oklahoma. The printing or engraving
same are hereby, repealed.
of a false statement to the fact last before this named is hereby de- thp ec. 21. For the preservation of the public safety, this act is de­
S
clared to be an emergency and shall become effective immediately after
C
lasrc H bADer0 the'bank commissioner shall have taken possession of Its passage and approval.
any hank W
hich Is subject to the provisions of th s act the stockholders
Approved December 17 1907.
thereof mav repair its credit, restore, or substitute its reserves, and
otherwise place it in condition so that it is qualified to do a general
THE STOCK EXCHANGE.
hankin'' business as before it was taken possession of by the hank
E om iio\U buta suchTank shall not he permitted .to reopen its
erT
Absorbs capital, Inspires
business until the commissioner, after a careful investigation of its the home of false pretensesgambling, cripples legitimate commerce, la
and spurious goods.
affairs, is of the opinion that its stockholders have complied with the
A LEGITIMATE EXCHANGE is a business necessity.
laws; that the bank’s credit and funds are In all respects repaired
It should exist under control of an official board created by law.
nnrt all advances if any, made from the depositors guaranty fund
It should list no securities except such as the board find have been
fully repaid, its reserve restored or sufficiently substituted, and that
it should he permitted to again reopen for business, whereupon said lawfully issued, .and with substantial worth, based on substantial assets.
An inventory statement should be given the public, showing H real
ie
bank commissioner is authorized to issue written permission for re­
opening of said bank in the same manner as permission to do business assets back of listed stocks and bonds, so that the purchaser may know
is granted after the incorporation thereof, and thereupon said bank the intrinsic value thereof.
Tangible as well as intangible assets should he truthfully shown.
hp reonened to do a general banking business.
If the assets are property, or cash, or good will, or tariff favoritism,
Sf^ 1 2 ^? person shall be eligible as director of any bank organized
o
or whatever the assets may consist of, give the public fair notice.
or existin'* under the laws of this State unless being otherwise qualified
Wash sales should never be permitted.
he is also the bona fide owner of five hundred dollars .($500) of the
Short selling should never be permitted.
stock of such bank fully paid and not hypothecated feuch stock shall
Margin transactions are gambling, and should be prohibited.
uot L nled-'ed for any loan or debt. Any director, other officer, or person
The concentration of vast volumes of call loans to a few borrowers
n^tlrinate in any violation of the laws of this State relating
who shall pat P. . .. - liable for all damages which the said bank. (an incident to margin trading), and subject to payment on demand,
.
{
?
,
«
perse. 8h.ll sustain In eonse- will forever make the finances of our country unstable, and therefore
should he restricted.
Officers of a stock exchange should not be permitted to trade therein.
qug5ie i 3 Sit shall be°unlawful for any active managing officer of any
of.c. lo- ft s a
...
under the law’s of this State to borrow,
Officers of a corporation, whose securities are listed, should not be
permitted to trade therein.
dlrectlv'orindirectlymoney from the bank with which he is connected.
Lenders of money (or
T h f areceiving ffi’ same, shall be deemed guilty of E frX 1 ;? a s not be permitted to tradethe officers) for stock-exchange dealing should
to
on the exchange directly or indirectly.
person S ’fS ih then r .
laic my or the
In short, a stock exchange under lawful control should be limited to
amount borrowed.
dent directoi% cashier, teller, clerk, officer, or bona fide purchases and sales of legitimate securities.
agent of any batik who willfully embezzles, abstracts, or misapplies any
a s a m t l e in v e n t o r y .
ofthe moneys, funds! securities, or willfully assigns any note bond, draft
If the truth were told by correct inventory to
bill of exchange, mortgage, judgment, or decrM, or who wiUfully makw the largest capitalized industrial companies that day of three-fourths of
have manipulated their
use of the bank in any manner with intent in either caw to Injure or way onto the New York Stock Exchange
defraud the bank or any individual, person, company, or corporatIon. ot hundred million dollars capitalization, thelist since 1901. for each one
statement would read about
to deceive any officer of the bank, and any person who with like intent like this :
aids or abets any officer, agent, or clerk in any violation of this section
Bhall be deemed guilty of larceny, and upon conviction thereof shall be Mills, stock on hand, and all other tangible property____$20, 000, 000
W
orking capital------------------------------------------------ 5, W , < 0
O >0
punished as for larceny of the amount directly involved.
Value of patents (not cost, of course)______________ 25, OOO, 000
[Amending section 3D of the banking laws.]
Estimated benefit of tariff law____________________ 50,000.000
Sec. 15. Every bank doing business under the laws of this State shall
have on hand at all times in available funds the following sums, to wit.
Total_________ ____ ____________________ 100, 000, 000
Banks located in towns or cities having a population of less than ~.«>w
And most of them would show even more water and less real vulua.
persons, an amount equal to 20 per cent of their entire deposits; banks




1908,

CONGRESSIONAL RECORD— SENATE,

Extracts from address of Governor C N. Haskell before Kay County
.
(Okla.) Farmers’ Institute:
“ W are not here to encourage strife, envy, or jealousy between peo­
e
ple of different walks in life; our hope is to aid in promoting brotherly
love. But brotherly love can only be the outgrowth of equal and exact
justice.
“ Life, to be a period of happiness, comfort, and prosperity, must he
mutual. Farmers, hankers, merchants, manufacturers, railroads, and
other interests are each and every one of them a part of the necessary
aggregate, each one essential to the welfare of the other.
“ The great family of industry and progress is divisible into two gen­
eral classes:
“ First, those who create the things indispensable to life and the basis
of all business (and the farmer is the head and shoulders of this entire
Class).
“ Second, those whose business is the handling of created things. The
banker finances the business, the railroads transport the freight, the
merchants distribute the products and the goods throughout the land,
and the manufacturer supplies the implements and tools; all have their
usefulness in life, and the aim of government should be to preserve
equally and to prevent one class from overreaching or preying upon
another.
“ Pioneer life in every State has demonstrated the fact that it is
possible for the producing class to live without the other business ele­
ments, but that existence in pioneer days was short of the comforts of
life t h a t t h e s e a g g r e g a te e l e m e n t s afford ; but I do say that when I see
the producing class forced to content themselves in Newkirk to-day
with a 25-cent dinner at a restaurant, and know that some .of the
commission class in the great business centers require a $5 lunch, I am
constrained to believe that the difference between the producer and the
agent is too great to indicate ‘ equal and exact justice to all.’ It re­
minds me that it is not sufficient for us to shout for joy over dollar
wheat and 10-cent cotton, unless the actual producers are getting a
fair share of these prices.
“ ANOMALOUS CONDITIONS.

“ Never before in the history of our country have we faced such an
anomalous condition as r.ow confronts us.
“Our crops arc bountiful.
“ The prices are good,
“ And yet a financial panic is upon us.
“ Nothing can be more absurd. W are like unto the man of great
e
wealth whose millions might he stored in a vault with the door locked
and the key lost, and in consequence the man starving for bis supper.
“ There must be a reason for such remarkable and absurd conditions.
" FIN A N CE S.

2479

“ I am ready to agree that a stock exchange, conducted under regula­
tions of law for the purpose of affording a convenient place to buy and
sell legitimate stocks and bonds, would be a public convenience, if not
indeed a public necessity.
“ But the stock exchange', as conducted for years, is a public calamity,
where intrigue, conspiracy, avarice, recklessness, malice and the spirit
of gambling hold full sway, and destroy any element of usefulness that
legitimate business might enjoy, A e commonly speak of the New York
Y
Stock Exchange, because it is the central organ, to which all other
exchanges in our country are tributary.
“ LISTING STOCKS.

The admitting to the lists of the stock exchanges of stock and bonds
of any company for trade upon its floor should be, at least, a guaranty
of intrinsic value, stability and honesty, so far, at least, as moral
obligation would assure the people. Contrary to the opinion of some
writers, I think that the stock exchanges should not list securities upon
new. unknown or incomplete enterprises, but that the lists should be
limited to known proven values. This is not done, and is one of the
sources of greatest danger. No inflated issues of stocks or bonds should
ever be admitted to the lists.
“

“ WASH SALES.

“ Publicity has corrected many evils, and will have to he called Into
use many times again for the same purpose. Every sale and purchase
on the stock exchange should carry with it publicity, the name of the
seller and the purchaser as a necessary means of avoiding wash sales,
and other crooked practices, which are possible only by the present
methods of secrecy. Tinder the present rules of the exchange, nobody
[’’P, l,1:. ^’oker
*
^is client are supposed to know who is the seller,
and nobody but the opposite broker and his client are supposed to know
who the purchaser is. If you were to ask one of the managers of the
stock exchange If wash sales are permitted he would tell you ‘ Cer­
tainly not, and yet one familiar with the practices knows that in­
variably markets are boomed (particularly on newly listed securities)
by a persistent system of selling and buying hack and forth between
the schemers, who have manufactured securities of little intrinsic value
and are trying to entice the suckers (sometimes called Iambs) into the
buying side of the market. This is carried on for days: while the
newspapers publishing daily purchases of the stock sought to be boomed
and with a constantly advancing price the lambs are impressed with
the notion that the stocks are active and will continue to rise in value
It is only then that the wash sales cease and the lambs are given a
chance to buy uninterruptedly, and the next thing that happens the
schemers have unloaded millions of dollars’ worth of valueless stocks
and bonds upon a multitude of inexperienced and uninformed pur­
chasers. all because a stock exchange exists for the benefit of the
gamblers, and not for the protection of the buyers of legitimate
securities.

“ My judgment is that this reason is found in a too limited circulat­
ing medium in the first place, and, secondly, in the unrestricted use of
“ SHOUT SELLING.
what money we have for gambling purposes. The first proposition is
“ If stock exchange dealing as managed to-day is not a gambling
one that has been talked so many years that we are not going to take
time in our weak thoughts to supplement the able arguments that ail proposition, then why permit anyone to sell something that lie don’t
of you have heard in years past, but to the second proposition I want own, and can’t deliver unless he can afterwards borrow or buv it from
another (in case delivery is ever required) ? The facts are that open
to devote a little time.
of stock is carried on to a limit where the entire out­
“ First, permit me to read nuotations and comment of the New York snoit
World, renewed by comment from the Wall Street Journal (of Novem­ standing issue of that particular stock is oversold, and delivery could
not possibly be made if all of the purchasers demanded their stock at
ber 20) :
“ ’ You can look for immediate relief wherever you please. W vou one time. The fact is that the seller had nothing to sell, but was
hen
tire of looking elsewhere, you will agree with me that the quickest road simply betting his margin money that his liberal selling and other conto financial relief is to close the New York Stock Exchange and free ditions would so beat down the market price of that particular stock
the currency that it dominates and turn it into the channels of legiti­ that lie could turn buyer himself in time and secure enough stock (pur­
mate commerce.’—Governor Haskell, of Oklahoma, in his inaugural chased at a lower price) to cover his short sales, and thereby make a
wight just as well have bet the amount of his margin
address.
Gtat the sun would not shine to-morrow, and then wait the result
“ ‘ I also regard it as most desirable that the taxing power of the Gov­
^ h e had won or lost his bet. Will the Wall Street Journal
ernment shoulddie used to prevent gambling in railroad stocks by taxing
ay.
all sales, where delivery is not made within such reasonable'time as confeud that the short selling of Northern Pacific stock in M 1902,
to indicate that the transaction was bona fide and not for specula­ ^
R e of
riS
stock U to $1,000 per share, and for a
P
tion.'—Chairman Hepburn, of the House Committee on Interstate Com Iegitim
­
ate'^com er-e^u;inces throughout the country, was beneficial to
m
merce.
“ ‘Ail this is notoriously true. For three weeks and more legitimate
“ MARGIN DEALING.
business has been bled white in order that ready cash could be provided
be sa!£
,^ S than 5 per cent of the stock exGS
to keep the Wall street gambling game in operation.’—New York W
orld.
^ m i ° n s are for the bona fide purpose of either selling what
“ ‘All this is notoriously untrue. The legitimate business of the' i
v buying as an outright purchaser. It is an old saying
country has not been bled during the past three weeks in order that
New York Stock Exchange veterans that two classes of per­
ready cash could be provided to keep the Wall street gambling came in aui iag the can ever hope to
operation. As a matter of plain fact, Wall street speculation has been sons only manufacture stocks get rich on the stock exchange. First,
°se who
bonds little
at a minimum during the whole period of the panic. The fact that the t a price until they unload on and lambs. ofSecond,actual cost and boom
the
stock exchange has been open and its market in operation (H
iring ibis runtent to act for others in buying or selling, earn the brokers who are
their commission of
panic has been one of the most beneficent facts of the situation It ■ > on each 100 shares, and put it in their pockets for keeps. Legiti­
has been of enormous value to the country. It has. for one thing pro­ mate 0
business necessitates that a stock exchange should be limited to
vided a place where the bond and security reserves of the hank:- and of
tide sales and
is run is at
individuals could b e sold in order to obtain the cash with wirrit to bona 95 per cent of purchases, hut the stock exchange as it business we
least
a margin business, and by margin
meet the needs of the country. Moreover, one of the saving clauses mean that the selleritgoes into the broker's officeaand deposits $3,000
of the panic has been the enormous investment buying in small l o t s for in money ffor example) and orders the broker to buy him $10,000 worth
cash in Wall street. Margin operations have been strictlv discouraged
the
or bonds
and
The closing of the Stock Exchange during this panic would have been a of tiie stock time, andindicated. The broker becomes bankergreatbroker
at
same
turn
finan­
national calamity. It is not too much to say that it would have cial institutions of W in streetborrows the money from the
all
and vicinity to carry practically ail of
plunged the country into universal insolvency.
the other $9,000.
“ ‘ Moreover, it may be said tath for a year or more, it has not been
“ The short seller likewise margins his order with usually about 10
Mall street speculation which has extended the credits of the country
so much as the speculation in real estate that has been in progress per cent of the par value of the thing which he desires the broker to
sell. There are two principal objections to permitting the margin busi­
not merely in New Y
'ork, but throughout the country, and to iLis specu- : ness. First, the gambling feature. It induces people to buv and sell
latIon Oklahoma has contributed its share.
on the stock exchange purely as a wager, a mere bet that the future
“ ‘The idea of abolishing the stock exchange as a cure for financial ! prices will either go higher or lower (as the case may be), and this
Ills has been frequently advanced in times like this. But any country j character of transaction Is not in the slightest degree beneficial to
which attempts to prevent speculation will only hurt itself. K a 1the legitimate buying and selling of legitimate securities. You could
uril
remedy is like cutting off one’s nose to spite one’s face. That W
ail strike out all
and sales
exchange
street might well Increase its rate of margin from 10 to 20 or 25 per and while you the margin purchases the amountof the stock aud trad­
would vastly decrease
of shouting
cent In ns speculative operations in order to cut off a lot of specula- j ing in the stock exchange room, you would not in the slightest degree
tion which is unsound and dangerous, is probable, but any tax levied j limit bona fide business transactions. Indeed, you would increase
upon business is a tax upon enterprise. Speculation has ‘its place in ! legitimate transactions, because in the absence of an opnortunitv' to
the economy of business. It may be, and often is, grossly abused, but gamble in margin transactions, you would add largely to the monev
It enormously facilitates the advancement of enterprise, and if this available for actual purchases. M
argin
is the greatest source
country wishes to progress ns it has in the past, it should be careful of panicky conditions. There is scarcely trading when the monevowed
a time
to maintain as free from outside Interference as possible its great market on margin transactions is not equal or greater than the whole circulat­
for securities.
“ ’ Germany has tried the experience of restricting stock trading in ing medium of the l luted States. And unfortunately for the stabi ftv
this monev so
Berlin tu order to stop speculation, but with such injurious effects shat of the finances of the country in general,rule the broker owed is usually
subject to payment on demand. As a
is liable to li
it is now considering a plan for reinstating a free m a r k e t ' — Wail I required by the bank to pay on demand the loans that he has obtained
Street Journal.
in order to carry bis numerous customers. The bauk may notify




2480

CONGRESSIONAL RECORD— SENATE.

the broker any morning that his loans must be paid before the close
of that day's business, and what is the result? That single broker
may notify hundreds, yes, thousands, of customers in the next few
minutes that they must largely increase their margins (if not pay the
whole sum), and thus the panic begins. The prairie has been set on
fire, as it were. Many of the customers had been gambling to the
extent of their last dollar in their original margins; others may be
able to increase their margin for the first time, or second time, but
ultimately they, too, drop out of the fight, the bank persists in calling
Its loans, the broker has no alternative except to throw his customers’
stock upon the market for liquidation. Now, consider for one mo­
ment ; there are about eleven hundred brokers on the New York Stock
Exchange, and a dozen big banks can call hundreds of millions of dol­
lars of loans in a single hour, and if the banks persist in call­
ing the loans, the eleven hundred brokers spread the call each
to their numerous customers. Defaulting customers multiply, vol­
umes of stocks and bonds are thrown upon the market, and the
panic is on. Legitimate securities have their values shattered, and
are carried down by being in bad company on the stock exchange with
worthless securities. It is the concentration of demand indebtedness
giving the power to a few banks to call such a vast volume of loans
on a day’s notice that will forever give us an unstable financial con­
dition so long as this power rests in a few hands; and to say that
this power is not often abused, and for selfish purpose, is to dispute
the truthful history of recent years. Will anybody pretend that the
panic of December, 1899, had any legitimate cause or any cause in
fact other than a desire on the part of one strong banking element
to wreck another, and again, can anybody pretend that what was
known as the Venezuela panic in 1895 occasioned by the remote pos­
sibility that President Cleveland's Venezuela message would provose
a conflict with Great Britain, would ever have been occasioned had
the margin practice not been in existence? The second sober thought
of the people left no cause for alarm whatever, but before that second
thought, the bankers’ power to call the vast amount of loans incident
to margin trading on the stock exchange had wrecked legitimate as
well as a vast volume of illegitimate business. And to say that the
stock exchange is not a consumer of ready cash is to state the veriest
nonsense. There has not been a time in years that a Wall street bank
would consider a legitimate loan to a wholesale merchant or a manu­
facturer, or a bona fide grain or cotton dealer without hrst looking
at the stock exchange ticker. If the pulse of the stock exchange was
smooth and even, then the hanker had money for legitimate lines or
commerce, but if the ticker indicated a feverish condition of the stock
exchange, the banker’s answer was ready at once. It would be:
*Leave your cotton in the warehouse, leave your grain in the ele­
vators ; they won’t spoil there.’ To the merchant: ‘ Limit your trad­
ing ; the ready cash can’t be spared. The stock exchange may turn
to the bad any minute, and our banks mu3t be prepared for the emer­
gency.’ To say that the demands of Wall street, involving amounts
greater than all the circulating medium in the United States, and
authorized to demand the cash at any time, does not cripple legitimate
business requires an argument much stronger than the mere assertion
of the Wall Street Journal.
“ In times of financial stress the stock exchange must be favored
(they tell you) by giving it the first privilege in the use of cash ‘ to
avoid a general financial calamity.’ In times of peace it is favored
again. It is then that the bankers demand 20 per cent interest for
a loan secured with live stock, while they accept 2 per cent on a loan
secured by watered stock.
“ DAYS OF GRACH.

“ Better termed days for calm reflection; would also work for sta­
bility In the financial world.
" Stop the pell mell grand rush, which is the finishing touch to the
well-laid scheme of the gambler to corner or smash the market.
“ The foolish war scare,—
“ The premature frost in the west,—
“ And like inspired influences made to order and which often unset­
tle finances from ocean to ocean would usually fall flat if the power to
cap such climax by hasty action was limited.
•*Remember one thing: W will never have stable financial condi­
e
tions as long as the power is in the hands of a few men in a single city
to call such vast amount of loans on short notice, no matter whether
such action be inspired by fever occasioned by gambling, by foolish war
scare, or by an effort to corner or smash the stock market.
“ They say stock exchange speculation is essential to prosperity; yet
they favored abolishing the Louisiana Lottery which was a game of
chance, free from manipulation, and gave its patrons a fair gambler’s
chance for his money, and affected no one but patrons; and now they
defend a gambling game subject to manipulation, and the effect of
which controls the supply and rate of interest on money for every
legitimate line of commerce.
“ Let me give you an illustration of a class of stocks and bonds,
which never should have had the credit of recognition by the New York
Stock Exchange. While I do not claim to be better informed than
many others, yet I have some knowledge of stock exchange methods and
as affording an opportunity for bona fide dealing in legitimate securi­
ties under legal control, and for cash, I am in favor of a stock ex­
change. But as an opportunity for displaying worthless goods and for
gambling practices and margin transactions as it now exists, I am
opposed to it.
. .
‘•As an illustration, I want to use a company of which I also had
some opportunity to know their methods and valuations. As a con­
tractor for years, I was a considerable customer for the products of one
of its subcompanies, and as a lawyer, I performed some services for u
snbcompany that familiarized me to some extent.
“ I speak of the United States Steel Company. I do not know why
they gave it the name of ‘ United States Steel Company; other than
that its purpose may have been to ‘ steal ’ from the whole United States.
“ I also take this company as an example, because iron products
have always been considered a leading staple in the manufacturer's line,
as corn is in the agricultural line, and we used to hear_ our fathers
say, that iron and corn went hand in hand. And the United States
Steel Company is not an infant industry in the sense that we under­
stand the word ‘infant.’ For it has a capitalization of over eight
hundred million dollars of stock and nearly six hundred million dollars of
bonds, outstanding, a total of fourteen, hundred and forty million dollars,
practically equal to half the circulating medium of the United States.
“ What does this company own that gives it this tremendous value,
or does it really have the value?
Let us see:
‘‘This company was created in 1901 for the purpose of becoming the
owner of iron and steel manufacturing plants, properties, etc.




F ebruary 25,

“ It acquired the leading plants of the'country until now it lists over
one hundred and twenty plants, located in about a dozen different
States of the Union. The purpose of acquiring these plants by one
company was to destroy competition, create trusts (as it were), or
monopoly, and thereby be able to control the price at which they would
sell nails, wire, railroad rails and other iron products to the American
consumer. Having thus monopolized practically all of the American
mills they rely upon an Import tariff law, passed by Congress, to shut
out foreign competing mills.
“ And what is the total value of these assets?
“ In 1902, M Schwab, then president of the United States Steel
r.
Company, was called on by a chancellor in New Jersey to prepare an
inventory of the assets of this infant industry. After inflating the
valuation of factories, mills, stock on hand, appurtenances, and so on
(and including the cash in the treasury), to the highest degree that a
sensible reading public might pass without criticism, he was was still
seven hundred million dollars short of making the inventory valuation
equal the amount of outstanding stock and bonds. A happy thought
struck him and he made the two ends meet by saying with one stroke of
the pen : Our ore lands are worth seven hundred millions of dollars.’
“ Handy, wasn t it?
“ He could have said twelve hundred million dollars, if it had been
necessary.
“ Schwab knew very well that these ore lands had not cost the
schemers who created the company 5 per cent of seven hundred million
dollars.
TRUE INVENTORY.

“ A true inventory at that time would have read about like this:
..
lands, mills, stock on hand, cash in the treasury, and every
, ® ^ value, about four hundred and forty million dollars.
D
.
Tariff Bill benefits, about ten hundred million dollars.
That would have been a true inventory of the United States Steel
Company assets, and yet the New York Stock Exchange gave faith and
credit to these spurious issues of stocks and bonds, by admitting them
to its list for trading purposes.
g
governmental authorities slept while this gigantic steal was
,°?,,aad the Iambs who bought the stock were being fleeced ; even the
united htates mails were permitted to be used to scatter this destructive
mast throughout the world. You will note there are two sides to a con*
ainon created by such practices. Through the medium of the stock ex1® toonsands of people throughout the world have become owners of
1’e
!,,,e ,e
;S„/’ros^ y ln?:lted issues. Two-thirds of their value depends upon an
°i Congress that may be repealed at any day, for will
ud, that when Congress is prepared to stand for the
nf „5n0
»this great company, which now sells a quantity
H
^ter a long shipment to foreign shores, shall be
$10 for the same quantity of nails from the AmeriT ? ,2 w II52i\.ris2,,i
home. And when that wrong is righted andthe
1.2.7. , m v Steel Company is denied the rightto rob our people,
Jui",Jl1 c ?J?e °f the innocent
purchasers who have invested inits
aM
fri,. ^eeurltles. One of two
innocent partiesmust continueto
_"itPer the innocent purchasers of the United States Steel
22w>2y s , st?c*s and bonds, from purchases made possible by a
2
£
gambling stock exchange manipulated by the frenzied financiers who
manufactured these issues, or a long-suffering public must continue to
be robbed by tariff based on robbery only. And this is not a new sub­
ject. But a few short months ago this same United States Steel Com­
pany, which by the manipulation of its managers had boomed these
stocks to tremendous prices, fell like an avalanche on legitimate
nuances, and in a few days showed an aggregate depletion of nearly a
H Dillion dollars.
air
J*treSt ■ournhI, will you contend that a stock exchange that
J
wP.l2._f? and Put * stamP of good faith ui>on such securities Is a
ts
finances’6 busiDess cnterprise, necessary to the welfare of honest
• , 2 can
be said that the battle of Gettysburg spread sadness
,f ^ er homes than did the decline in prices of the United States
fw . Company s stocks, and that, while everv scar on the field of
w, „ " of disgrace and destruction. these scar's on Wall street were
a3
brijnds I2.iW a badge of honor,
ia oae comforting thought, however, and that js that there
da?.-in tbe year when, the United States Steel Company is capaP 01 Putting a correct value on its assets, and that is the dev when
/®
they value their property for taxation. Their last annual report savs
®Mi2Srfi,ax? i for the year wore f4.880.12B. This is practically
Iv .°2.22?
w
* P > cent of what they say their property is worth
<r
ex.cbange purposes. When we realize that about
per cent
thM
r
aruuunt that other folks pay for taxes on the value of
i iuad?-u.s suggest to the tax collector that it might
stesTfm^f temmd the United States Steel Company that they are either
v-oinoJL
Jr®, ta* authorities or they are misrepresenting their
v ‘ea°”
i
stock exchange. True, the United States Steel foinpanv
earning of about 9180,000,000 for last year, being about
tifni?
on, thelr stocl{ exchange value, or about 40 per cent on
taxation1
, 100 Per cent on the value they return for
I)InM ’tl H hil? '\ n t?ke ca > of the da- 0 1 Wal* B
nv
ff
r<
v 1
*reet when the
UiGnn nf Ilf
b? so revised us to deprive this favon d instinrndnets Th/t8 t0i,r tbe -American consumer of steel and iron
!
,°b
strineent 1
?® another panic, whenever it comes, unless
e
w?]§contlvj8ifpnriVw?^ been passed placing the stock exchange under

fiS K M
“ **0 lrill,mt0
1
a
?ecent3tinstancehofSo^ek
ed
b^rmiHed tolellMn'thcm. ^The
West secreting the fl2faJn. control of a great railroad property in the
ntirtafl'ra of it< gtol
*
ir .ng' *° *“e e 1 t»iat he might profit by
T(J
those ^vho infferiS%mShwU h° -a “ «<*«* object lesson, at least to
l“
of me great Wall street i on.maaiPu'ation. Andnor centis of 11 .,practice
the great wail street bankers? is there ‘>
the • who
oi.
0 what
do not directly or indirectly do»i «« A 2 . , ' er v ni 01
, 1. “’
personal profit can not b e i n c r e ° k„ 1'
eicba,n5e^ • nd ,whos5
money from his bank to the m a r'-in ^ rflw T tbe, restricted loaning of
terest rates or the calling of loans'™
by the raising of iu_
bankers has made h i. k?i t t i , ? °.n tae same People. If one of these
use his Sower as a h i n v J ^ 1 st(il, k, wU1 fal1 '» value, he has hut to

he has won his bet;*2?*if he has te^hnt fhi**, J5**r7 t P ' T a'?
,1
reducing nf has but to e n c o u r a g e foe more^?iLiiiei pr f* oof storks mill
Interest !«(!. u T the more liberal loaning f money and
In view oi ail these gamblingbr0k,>r,S ^nd he possibilities, and oppor*
"dn that bet. And
in view” of all these mmi,ttnO manipulations,

advan ce, he

1908.

CONGRESSIONAL RECORD— HOUSE.

2481

tunities, when the chief schemer and manipulator, and in many in­
HOUSE OF REPRESENTATIVES.
stances the great banker, are one and the same person (or aggregation
of schemers) and having the management of the stock exchange sub­
T uesday , February 85, 1908.
ject to their dictation, and the financial policy of the country under
their thumb. What do you say, citizen of the producing class, to this
The House met at 12 o’clock m.
stock exchange as it is now operated? A public necessity or a busi­
Prayer by the Chaplain, Rev. H enry N, Couden, D. D.
ness calamity?
“Always bear in mind that we have in these great financial centers
The Journal of yesterday’s proceedings was read and ap­
and among the wealthy class many men of honor and patriotic pur­
pose, and who, when the time comes, will respond to the opportunity proved.
to create a legitimate stock exchange limited to legitimate purposes.”
UNITED STATES COURT AT DOTHAN, ALA.
Mr. CLAYTON. Mr. Speaker, I ask unanimous consent for
the consideration of the bill H. R. 17524.
Governor Haskell is the first to commence action for a constitutional
The SPEAKER. The gentleman from Alabama asks unani­
amendment under article 5 and calls the plan the “ Oklahoma plan.”
mous consent for the present consideration of the following bill;
His Christmas greetings to Oklahoma follows;
The Clerk read as follows:

OKLAHOMA'S PRACTICAL PLAN TO SECURE ELECTION OF UNITED STATES
SENATORS BY DIRECT VOTE OF THE PEOPLE.

THE PEOPLE'S CHRISTMAS GREETING.
A hill (H. R, 17524) to provide for circuit and district courts of
“ There has been plenty of talk. The Oklahoma policy is that actions the United States at Dothan, Ala.
speak louder than words.
“ It is customary in many States at Christmas time to extend ex-f The SPEAKER. The bill was read yesterday. Is there ob­
ecutive clemency to some State prisoner, but on this occasion I find no jection to its consideration? [After a pause.] The Chair hears
application for pardon ready for hearing under the law upon which I none.
am at all satisfied that the pardoning power should be exercised ; but
Mr. PAYNE. Will the gentleman from Alabama yield to me?
after a conference, I am fully convinced that there is an opportunity
Mr. CLAYTON. Certainly.
to a certain extent to aid in liberating eighty millions of people.
“ For years there has been much talk concerning the election of
Mr. PAYNE. I desire to say a word or two before this bill
United states Senators by direct vote of the people, the same as we shall pass. I find that this bill creates a new division of the
elect thb governor and other State officers. This talk avails us noth­
ing, and the time has come when we should either Quit talking on the district court of Alabama, in the middle judicial district, in
subject enthely or take appropriate action to secure definite results.
which the court is now held at Montgomery. This bill creates
“ To elect United States Senators by direct vote of the people the
Constitution of the United States must be amended. W find there ape a new division, which is composed of six counties, and provides
e
two ways to propose amendments to the Constitution. One is for thfe thai the court he held twice a year in the town of Dothan. The
United States Congress, by a two-thirds vote of both Houses, to pr< bill also contains a proviso that suitable rooms and accommoda­
>
vide f o r submitting the question of amendment to the several States of tions be furnished for the holding of said court, free of expense
the Union.
“ The other method of securing the submission to the States of an to the Government, until the public building provided for by act
amendment to the Constitution is for two-tlilrds of the States of the of Congress is erected. There is something of a delusion in
Union through their legislatures, to requesting Congress to call a con­
vention of the States for submission of amendments to the Constitu-; that clause. The last public building act provided for a posttion. W
hereupon the Constitution of the United States says that office at Dothan, in the State of Alabama, at an expense of
Congress shall provide for such convention of States, and the sub­ $40,000. Of course a court-house can not be built for any such
mission of the amendments to the Constitution which such convention
shall propose to the several States for their proper ratification, and In sum. It simply means the building of a court-house at an ex­
either event when the proposed amendment is submitted to the several pense of $150,000 and more in order to accommodate this new
States, if three-fourths of the States of the Union shall concur in the
amendments, the Constitution of the United States thereby becomes so division of the court.
Now, there is a statement before the committee, made by the
amended.
“ For years the people have waited for the Congress of the United district attorney, in which he claims, on the basis of some in­
States to submit such an amendment to the Constitution; several times dictments that were found the year before, that there would be
the House of Representatives at Washington has adopted the proper
provision, but has never secured the concurrence of the Senate. There­ a saving of $4,000 or $5,000 on witness fees by reason of having
fore, it is time that the second method be resorted to, and if action a court at Dothan; and that might be true, although it seems
is taken in Oklahoma, and thirty other States of the Union join therein, that the district attorney might have made a more detailed state­
Congress must then provide for the convention of all the States to
ment that would show the actual expense, and not the average
formulate the amendment.”
Governor Haskell says that beyond question a vast majority of the number of witnesses that appeared in these trials.
people of the United States desire to elect their Senators bv direct
What I object to in this sort of legislation is th is: That when
vote of the people, and this desire has resulted in primary ‘election
laws, whereby fifteen of the States of the Union now recommend you get one division, immediately there is application for an­
Senators to be elected by the legislature, but such action is only a other. A judge has written me in regard to one State—there
recommendation to the legislature, and has no binding effect.
The governor, proceeding with action as a proper substitute for has been an application for a division which included only one
mere talk, has prepared a special message to the Oklahoma legislature, county—of making a number of these divisions in judicial dis­
which will be ready for its consideration when it reconvenes after the tricts in his State; and the only result of that is that in these
holidays, respectfully requesting the legislature to adopt the following divisions the courts are not more frequently held than six
Joint resolution:
“ B e i t r e s o l v e d b y th e s e n a t e a n d h o u s e o f r e p r e s e n t a t i v e s o f the
S t a t e o f O k la h o m a , in r e g u la r s e s s i o n o f t h e le g is la tu r e a s s e m b l e d :
S e c t io n
Congress

“
1. That the
of the United States is requested to
call a convention for proposing amendments to the Constitution of the
United States, pursuant to Article V thereof, and to provide the m
ode
of ratification by the several States of the amendments so proposed.
“ S ec . 2. That at said convention the State of Oklahoma will propose
among other amendments that section 3 of Article I of the Constitu­
tion of the United States should be amended to read as follows;
The Senate of the United States shall be composed of two Senators»
ShosenTor six years'T a n .lV c h Senator* s h a T b a “ one l o ^ T h e y j

months apart, or two courts in a year. If a man is indicted at
one of these courts he can only proceed to trial in the subdi­
vision where the crime is alleged to have been committed; so
that he must wait for six months, even if he pleads guilty.
It presents the spectacle of a United States judge going
around and holding court for a day or two in each one of
these divisions scattered over the judicial district. I think
this is a practice that ought not to obtain. I think, if I can

h a v e tb e COnSent ° f t b ° Il0USe>1 wil1 Pu t illto tlle ReC0BD a *****
shall he divided as equally as may be into three classes, so that one- I have lately received from a district judge in the State of
third may be chosen every second year; and if vacancies happen byi Arkansas, wherein he fully sets out the evils of this latter-day

t o .* ™ ? o t Coasress to create so many divisions, which lmve
W ltd II
*
k
nttnlnnJ 4 , .
be a Senatorinn shallrt not Cl V 4k Iattained ton theAage of thirtyHtr. ..
who nr It
have I n rti- it
years
and been nine years a citizen of the United States, aD who shall not,
d
when elected, be an elector of that State for which he shall be chosen.
The Vice-President of the United States shall be President of the
Senate, but shall have no vote, unless they be equally divided. The
Senate shall choose their other officers, and also a president pro tem­
pore, in the absence of the Vice-President, or when he shall exercise the
office of President of the United States.’
“ S e c . 3. There is hereby created a commission to be composed of
the governor, and four members, to be appointed by him. who shall hold
office during his pleasure, not more than two of whom shall belong to
the same political party, to be known ns the senatorial direct election
commission of the State of Oklahoma. It shall.be the dutv of said
commission to urge notion by the legislatures of the several States and
by tlie Congress of the United States to the end that a convention may
be called ns provided in section 1 hereof. The members of said com­
mission shall receive no compensation.
“ Sec. 4. This resolution properly authenticated shall be transmitted
by the governor to the Congress of the United States and to the gov­
ernor of each State in the Union.”
I., . It

t
t

_
_
jurisdiction only ______________kinds ____________________________in_ _
over the _______ of cases that arise __ those-a
smaller divisions and the causes of actions there. It illustrates
very well the evils that are growing up out of this practice,
against which I protest. And I think that hereafter, unless
there is a recommendation from the judge of that district, set­
ting forth the reasons why it would he better to have an addi­
tional division, I shall feel in duty bound to object to this sort
of legislation. I ask unanimous consent to print this letter
in the Record as a part of my remarks.
The SPEAKER. Is there objection to the request of the
gentleman from New York for the printing of the letter re­
ferred to?
There was no objection.
The letter is as follows:

. £ A 1_ _ _ A_
t.
_ _ _._
. -

E astern D is t r ic t

of

D e p a r t m e n t of J u s t ic e ,
A r k a n s a s , J udge ’ s C h a m b e r s ,

L ittle Bock, Ark., February l\, l$08,
Mr. CARTER. I move that the Senate adjourn.
a y n e , M. C.,
The motion was agreed to; and (at 4 o’clock and 3S minutes Hon. S ereno E. PWashington, D. C.
p. m.) the Senate adjourned until to-morrow, Wednesday, Feb­
M D ear S i r : I have read with great interest what you *std last
y
ruary 20, 1908, at 12 o’clock meridian.
M
onday on the subject of establishing new divisional courts of the

XLII----- 150




.1 « r»4i Alt An 1

AT A
T fl

f LA

2482

CONGRESSIONAL RECORD— HOUSE.

F e b r u ar y 25,

Mr. PAYNE. Oh, no; but the judge has ample opportunity
United States. These courts are TO often
g e n ttjr e
see the needs and conditions in his judicial district.
is no necessity whatever_for them, at a 8 * in
ptances injustice to to Mr. HENRY of Texas. It strikes me that the people and
their *Representative would be the proper ones to determine
that.
„
„
,, . .
,
1
Mr. PAYNE. Think of it! Half a dozen divisions and only
one judge. A man is indicted to-day and the court adjourns,
lie is apprehended to-morrow. If he can not give bail he must
wait a year, until there is another court held in that division,
before he can come into court and show his innocence of the
charge against him.
Mr. HENRY of Texas. Does not the gentleman know that
advised* that there
no
fo r
advised that^there was no necessity xor them they m dte fre q u e n tly throughout the South there are only two terms of the Federal
<inred some of the proposed hills. B ut it uappeus
th '
«ad
court held in a year?
Mr. PAYNE. N o ; I do not know that.
Mr. HENRY of Texas. Well, it is a fact, even if the gentle­
estabUsh^^fren there is no
In some
r ct me eive you the facts as they exist in this aistnct.
. j man does not know i t They hold two terms a year, and not
of the divisions which it was proposed to crea
*en cjvu suits more than that.
found that in the last ten years there
district against citizens
Mr. PAYNE. I did not suppose that condition existed in
instituted in the United States courts o
r,ii0nt two criminal
of the proposed division, and the average.
_ tye have now two any district in the United States,
n r o s e c u t io n s a year in some of these division .
The one
Mr. HENRY of Texas. Why certainly it does. It exists in
divisional Courts in addition tc> the court.held in
A
term is
lelena
0 da™ aEld
at Helena is held twice a y e a r; the average ^
two days and some- every district.
rour days. At Batesville the session usually ^
e
Mr. PAYNE. If it does, it would be a great deal better to
four three ^ays. The trial of civil suits isi van ^ d^ t p o ng d for
times
P
iB ot
one or two terms by reason of the ta c t rnai one
h i b means an increase the number of terms of court, and not divide the district
ready for tria l owing to the absence of witnesses w
it ted and up into little divisions, where court can not be held frequently.
additional delay ot ill or t * g » :
t he leelnnlos I should not object to a reasonable increase in the number of
service of process had La S Ahp n r d ! returnal.le a t the later term six the terms of court, and I should not criticise this bill if it pro­
cS t
of the term the cause has to se made
tion o£ the cases in which
months off. In criminal cases ^ m ^ the trials have to be postponed vided simply for two additional terms of court at Dothan,
the defendants desire to P’® ^ v n/cln im s th at he has term
a?
to procure the where the litigants might appear and be given additional op­
the
fo
until the next term, as the defendant cla Ume foJ. that term unless wit- portunities for the hearing of cases during the year. Of course,
derenaani c s
th<
nesses, and they can not b« obtained ^ ume Qntu they can he served
n
courtwitnessesadjourn c® fro
should for the G°vernment ^^testinea ^ & great grand jurj a court should be open at ail times for the purpose of receiving
upt
testified before the expense t<
The
a plea of guilty, if a prisoner, after he is apprehended, desires
are then required to appear at the n . t ^ ^
^ secure hail fo r his to present that plea. The court should be open at the place
the G overnm ent.
I f the aeienuu. v** hsmn<*ns t 0 be arrested and held
l
.
s
the G overnm enr.
n
^term o“r T# he happens to
arresteu uuu
™ r Sn te at the n ext
t
ap p earan ce at the n ext term or if ^ “ “ three days a fte r the cou rt
if
the cou rt of residence of the judge, by an adjournment from time to
b f a U nited S tates com m ission er ^ ° , g
or^ f e t 0 3 iv c hail, he must
e
g
time. There ought not to be any difficulty about that.
has a d jou rn ed at th a t place, a
nex£ term of cou rt.
Grand
Mr. MANN. Will the gentleman from Alabama yield for a
rem ain in ja il fo r s ix m on
’
oned £or these co u rts a t every term
question?
b “ arca <l0ll” s ’ c“
Mr. CLAYTON. Certainly.
lasting two or three days.
Little Rock is open practically
Mr. MANN. I notice the bill provides that suitable accom­
On the other hand, thecourt ne a ^ ^ bc abseat attending the
all the time, If a case can nh t hftried immediately cases can be m modations and rooms shall be furnished without expense to the
.t o b « “tg Jn criminai it is postponed
other courts.
e»
- United States until the public building provided for by act of
until a later day of the term- J e
-je
. haye bad their exami- Congress shall be erected. I take it that a public building has
dicted and tri«* wi$5|?cd‘ ft£tes commissioner. In civil of terms, the been provided already by act of Congress.
nation before the United waresito service regardless suits, process
Mr. CLAYTON. At the last session of Congress an appro­
S S eS T S ttlL S & t K . month. or loss otter the Institution ot
public building.
the suit. more serious objection t these yerv objectcourtswhich the priation was made for aholding of this court then contemplated,
. „„
numerous for in every
Mr. MANN. Was the
Another
^
district is that it Pr i ,caot-Lhlished Nonresident litigants feel that or will that require an enlargement of the public building or an
^
national courts have been
are not so apt to be prejudiced in increase in its cost?
jurors selected from a large aisi
residing either in the same county
Mr. CLAYTON. I can not tell the gentleman about that, be­
favor of resident ^ ^ ^ “^hfeh^hedefendant resides, and with whom
or adjoining counties in‘ winch t
stateg C urts are to be es- cause I have not seen the plans and specifications of the build­
O
they are on friendly terms.
three or four counties the jurors ing, and I have not consulted with the authorities having that
tabiished in divisions
$y:thesame men who serve as jurors matter under consideration.
of these courts would be Practica 1 l a c
J
which causes most
Mr. MANN. Then it is not the gentleman’s present intention
to follow this bill up with a proposition to increase the size and
cost of the public building already provided for, using this as
inquire of the p r e s id i n g judge
dvlsability and necessity for such a a basis?
„ ,
establish the new court of the a d v l s a i e x i s t i n g and their
Mr. CLAYTON. In view of the statement I have made in tne
court. They are. the wm i«ee in r e a c h gtate of conclusions. the hearing of the gentleman, I hardly think that is a fair question.
in g just
°pinion woxUd^ist
Arkansas, and
Mr. MANN. I did not hear distinctly what the gentleman
W have oow six national
e
{or nine additional courts,
demand is, so far as I have
limited the jurisdiction of those said, but it seems to me to be a fair question. I do not want
although the p r e s e n t ^ l e g i s l a t u r e of this State has still to bind the gentleman as to what he shall do in the future.
courts to a great e^ent, a
el„° corporations doing business in
Mr. CLAYTON. I will say to the gentleman in all frankness
more limited it ^ Prohiblttng foreign ™ P
national courts
this State from either instituting m orro & p
g »alntiffg or defendants, that I shall do just what the gentleman would. I shall get as
causes penalty of forfeiting t t t e u to do business inact ofState, many public buildings and the best public buildings in my dis­
,hlC
their license vfliIdity of an this that
under to Y ?f fnrfpitinuP
As the supreme court has su sta in ™ ^
Prewitt (202 trict that it is possible to get. I think that is fair.
nature in Security Mutu
ife . h caused a marked decrease in
Mr. MANN. Of course we all know that, but I think the
U. S., 246), the effect of this iegmmuou^rtg ^ tW state> In fact g0 gentleman, in all frankness, ought to say to the House whether
g
the litigation of
n£ business in these courts that I am often it is his present intention to use the passage of this bill as an
great has been this
*vp united States courts in other States in
’Smcen' to beep me busy .U argument for an increased cost of a public building already
provided for.
Mr. CLAYTON. It is quite likely that I will. I am frank
*“ “m
Tery respectmlly, youre,
Mr. HENRY of Texas. Will the gentleman yie d for a with the gentleman, and I hope my answer is satisfactory. Mr.
Speaker, I do not desire to make any remarks. This bill comes
question?
from the committee with a unanimous report. The bar and
Mr HEXFY ^ Traat When it Is proposed to create a the people down there want it; it is for the convenience of the
citizens, and will save the Government $4,000 to $5,000 an­
divfsmn oTone of these courts, who
petent to judge, the local R epresentatne in Congress or the nually, according to the district attorney’s statement, and will
be of public convenience and will save many thousands of dol­
judge himself?
lars to the people who have business in the court. I do not
Mr. PAYNE. Oh, the judge, by all means.
.
.
Mr. HENRY of Texas. To whom should this question be sympathize with the idea of the gentleman from New York [Mr.
P ayne] that we should keep the courts away from the peopleMr. PAYNE. The judge is, by all means, the most com- I think the courts afford a means of spreading public intelli­
gence and of inculcating a spirit of love of the law and of jus­
potent*
Mr. HENRY of Texas. You think we should establish courts tice. I do not know of anything that has done more good
for the convenience of the judge and not for the com enience this country than the holding of court where the people see
justice administered.
and benefit of the people of the judicial district?

wrts.
district over which I have the honor to preside,
Speaking for \h« / ‘s V n0 ng facts; There are now three dmh ri^ 0^
Y ^in ?hi? district, the v Ttatpqvillp being held atbeen made by
n this dlsFlrt
sionsa t Helena, and a t h u d principal court Efforts have Little Rock
one
at Batesvllie. Luorts nave
diTlsions
residents of various counties in this dtetnet to nave^ ^ advised
X t *
w
d i v a n s made

‘ XS^**™™*^*'***
^

a si

I

4



c rts1
» 1

1908

CONGRESSIONAL RECORD— SENATE.

line of its intention to increase a rate or change a practice, a
shipper shall have a right to protest, and thereupon the change
shall not be made without a hearing.
I understand that the Interstate Commerce Commission has
recommended an amendment to the effect that it be left to the
discretion of the Commission as to whether or not a stay of
proceedings shall be granted. I am perfectly content to ac­
cept that amendment. I only wish to urge the committee to
take up the measure and give it that degree of attention which
its importance demands and which the great body of the people
are petitioning shall he done. I am receiving petitions and
letters every day urging that some action be taken in this
matter.
Mr. CLAPP. Will the Senator pardon me for a moment?
Mr. FULTON. Certainly. I am glad to yield. The Senator
is a member of that committee, and I should like to hear a
voice from it.
Mr. CLAPP. Knowing the intense interest of the chair­
man of the committee in that bill, I hardly think it proper that
the subject should be brought up at this time. It seems to me
the Senator’s remarks ought to be withheld until the chair­
man can be here.
Mr. FULTON. I was approaching the proposition of the
absence of the chairman of the committee. I see that he is
absent just at this moment from the Chamber, and for that
reason I hesitated about bringing the matter up, but, realiz­
ing that the committee meets to-morrow, I can not refrain from
expressing the hope that the committee will take up the bill
and give it consideration with a view of reporting it back to
the Senate before the expiration of the present session.
I
do not wish, of course, to question the perfect sincerity and good
faith of the committee. I know that it has a vast amount of
work to do; but, Mr. President, people are asking for this bill,
and I think I am justified iu thus calling the attention of the
committee to it. Indeed, I can not consent that it shall be much
longer retained by the committee.
Mr. CLAPP. Mr. President, in the absence of the chairman,
it seems only proper that I should state that parties in favor of
the bill, and I think some, perhaps, who have objections to the
bill, desire to be heard, and the chairman has arranged to give
them a hearing. The committee is working on the bill in con­
nection with its other work, and I think is moving the matter
along as rapidly as it can be moved in view of the fact that
parties have desired to be heard upon it before it is reported.
Mr. FULTON. The Senator’s remarks are quite pertinent
and proper. Parties are entitled to be heard and to be given a
reasonable length of time. I submit that they cau not be heard
unless the committee meets and gives them a hearing.
Mr. CULLOM. Mr. President------The VICE-PRESIDENT. Does the Senator from Oregon
yield to the Senator from Illinois?
Mr. FULTON. Certainly.
Mr. CULLOM. I only wish to say a word in reference to the
bill the Senator refers to. I happened to be acting as chairman
at the last meeting when the bill was considered or, at least,
brought up. The subcommittee which have the bill in charge
was at one time ready to report, as I understood it, and was
prevented from doing so on account of the desire on the part
of people to be heard, and they took the bill back to hold it
until the hearing was over. They fully intended to report it
just as soon as they could after that. So I want to assure the
Senator from Oregon there was no sort of feeling on the part
of anyone as far as the committee is concerned.
Mr. FULTON. I am sure of that. It is only that in the
multitude of business I am afraid this little measure will be
lost sight of, and I wanted to call the attention of Senators
to its importance. I am glad to be assured that the bill will he
given consideration, and I hope it will be shortly reported.
BILLS INTRODUCED.
Mr. AN KEN Y introduced a bill (S. 5751) to authorize the
President of the United States to confer an additional grade on
retired otlieers who have two or more recommendations for the
medal of honor from corps and division commanders for gal­
lantry iu battle and who have thirty-one years of service, in­
cluding four years in the civil war, which was read twice by its
title and referred to the Committee on Military Affairs.
Mr. LODGE introduced a bill (S. 5752) authorizing the ap­
pointment of Maj. James H. Spencer, United States Army, re­
tired, to tiie rank and grade of colonel on the retired list of the
Army, which was read twice by its title and, with the accom­
panying paper, referred to the Committee on Military Affairs.
Mr. CLARK of Wyoming introduced a bill (S. 5753) to
amend the act of April 20, 1906, entitled “ An act to provide for
the final disposition of the affairs of the Five Civilized Tribes in




2579

the Indian Territory, and for other purposes,” which was read
twice by its title and referred to the Committee on Indian
Affairs
Mr. BURROWS introduced a bill (S. 5754) for the relief of
Charles A. Miner, which was read twice by its title and re­
ferred to the Committee on Claims.
Mr. SCOTT introduced a bill (S. 5755) granting an increase
of pension to Laura H. Snider, which was read twice by its
title and, with the accompanying papers, referred to the Com­
mittee on Pensions.
He also introduced a bill (S. 5756) to remove the charge of
desertion from the military record of Solomon M. Bennett,
which was read twice by its title and, with the accompanying
papers, referred to the Committee on Military Affairs.
He also introduced a bill (S. 5757) granting an increase of
pension to Beatrice Paul Marmion, which was read twice by
its title and, with the accompanying paper, referred to the Com­
mittee on Pensions.
Mr. LONG introduced a bill (S. 5758) to restore John F.
Lewis to the United States Army, with the rank of captain of
infantry, and place him upon the retired list, which was read
twice by its title and referred to the Committee on Military
Affairs.
Mr. TAYLOR introduced a bill (S. 5759)^ granting an increase
of pension to A. F. Broyles, which was read twice by its title
and referred to the Committee on Pensions.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
Claims:
A bill (S. 5760) for the relief of R. R. Robinson;
A bill (S. 5761) to carry out the findings of the Court of
Claims in the case of Laura E. Raulston, administratrix of
James W. Raulston, deceased;
A bill (S. 5762) for the relief of Nancy Walden;
A bill (S. 5763) for the relief of the heirs of Simeon
Graves, deceased;
A bill (S. 5764) for the relief of the heirs at law of Robert
Worthington;
A bill (S. 57G5) for the relief of P. H, Schoolfield;
A bill (S. 5766) to carry into effect the findings of the Court
of Claims in the matter of the claim of the estate of W. W .
Sharp, deceased;
A bill (S. 5767) to carry into effect the findings of the Court
of Claims in the matter of the claim of the estate of John
Henson, deceased;
A bill (S. 5768) for the relief of Nathaniel R. and William C.
Carson;
A bill (S. 5769) for the relief of Samuel Y. B. W illiam s:
A bill (S. 5770) for the relief of the estate of W . G. Hoge,
(Ibcbhsed *
A bill (S. 5771) for the relief of Ruth Holder;
A bill (S. 5772) for the relief of Lovenia Hodges (nee Grant) ;
and
A bill (S. 5773) for the relief of the estate of John A. Heard,
docofl sod*
Mr. FOSTER introduced a bill (S. 5774) for the relief of
John M. Kelly, which was read twice by its title and referred
to the Committee on Claims.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee ou
Commerce:
A bill (S. 5775) appropriating $250,000 to prevent the banks
of the Mississippi River in front of tlie city of New Orleans, La.,
from caving and to construct levees along said river front; and
A bill (S. 5776) authorizing the Mississpipi River Commission
to investigate the necessity, urgency, and practicability of di­
vorcing the Mississippi River from the Red and Atcliafalaya
rivers.
Mr. TILLM AN introduced a bill (S. 5777) providing for pub­
licity in connection with contributions made to national and
Congressional committees in order to influence elections in two
or more States or Territories where Representatives or Delegates
to Congress are to be voted for, which was read twice by its
title and, with the accompanying papers, which were ordered
to be printed, referred to the Committee on Privileges and
Elections.
Mr. TALIAFERRO (by request) introduced a bill (S. 5778)
to authorize tlie President of the United States to confer an
additional grade on retired officers who have two or more rec­
ommendations for the medal of honor from corps and division
commanders for gallantry in battle and who have thirty-one
years of service, including four years in the civil war, which
was read twice by its title and referred to the Committee on
Military Affairs.

-

c - V ■/. * V
* * .*

CONGRESSIONAL RECORD— SENATE.
Mr. O W EN introduced a bill (S. 5779) appropriating mone;
for tbe maintenance and establishment of public schools for all
children of scholastic age in the Quapaw Agency, Ottawa
County, Okla., which was read twice by its title and referr '
fo the Committee on Indian Affairs.
Mr. ELK IN S introduced a bill (S. 5780) for the relief of the
heirs of John W . Warwick, which was read twice by its title
and referred to the Committee on Claims.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
Pensions:
A bill (S. 5781 granting a pension to Benjamin Brown; and
A bill (S. 5782) granting an increase of pension to William
Lar"e.
Mr. CULBERSON introduced a bill (S. 5783) for the relief
of Frank H. Church, administrator of the estate of Cornelius
Clay Cox, which was read twice by its title and referred to the
Committee on Claims.
Mr. PATNTER (by request) introduced a bill (S.
ior
the relief of the estate of Granville Smith, deceased, which * as
read twice by its title and, with the accompanying paper, re­
ferred to the Committee on Claims.
_ on(J, n ,
T
Mr. FRAZIER introduced a bill (S. 578u) granting a Pension
to W illis J. Freeman, which was read twice by Rs titte a 0,
with the accompanying papers, referred to the Commit

J W r w w f r S S * section 4463
of the Revised Statutes of the IJ n ited S tetes.w h ^h was read
twice Dy its n u e auu
rice
Mr PERKINS introduced
the estate of Julius Jacobs,
and, with the accompanying




iVJG /cs ktqoi fnr the relief of
t o the
a bill (S. oiSS) 101 tne
which was read twice by
title
papers, referred to the Umnntte

° \ 1 ? 1PROCTOR introduced a bill (S. 5789) granting an in­
crease of pension to John A. Quilty, which was read twice by Its
+i+m nml referred to the Committee on Pensions.
Mr GORE introduced a bill <S. 5790) for the relief of Lillie
Small Rib, which was read twice by its title and, with the
accompanying papers, referred to the Committee on Claims
Mr. B AILE Y introduced a bill (S. 5791) to provide for the
purchase of a site and the erection thereon of a^puWic^building
Mineral Wells Tex., which was read twice by its title and
“ to the Onnmmee on Public Buildings and Grounds.
He also (by request) introduced the following bills, which
were severally read twice by their titles, and referred to the
Committee m ^ C laim s^ ^
° 7 S u & 5 ® i

rc,lcf o( the heirs of Dr. Janies

for the relief of H. Polkinghonie, )r„ or his

heirs or legal representatives,
TTnr^rwnnrf for
5794) for the relief of Mrs. S. E. Lnaerwood, tor
'
_ __
..
at WonHidl IV nrH
,
mCTly^widow^oF'saniuel "Ward,” and the heirs of Samuel Ward
d e c e a se ; a n d _ ^ ) ^

^

rclic( o£ tlle heirs of William Stans

burv deceased (with accompanying papers).
BOPAH introduced the following bills, which were sev
erally read twice^ by their titles and, with the accompanying
rvDoers referred to the Committee on Pensions:
pupeia, (S. 5796) granting an increase of pension to Louisa S.
__on inyvppAse of nensi—
-----1V bill
H<A bin (S. 5797) granting an increase of pension to Chester H.
Felton;
A bill

(S

Eger; and ^
A bill (S

5798) granting an increase of pension to John
granting an increase of pension to Asa G.

T
m
LOE introduced a jo in t
f t * £ > £
♦hp relief of the enrolled militia of Memphis and Lie western
district of Tennessee, which was read twice by its title and
referred to the Committee on Military Affairs.
TO appropriation bills .

m

JTEBETJAET 27,

Mr. BURNHAM submitted an amendment proposing to
priate $2,500 for salary of file clerk in the office of the
tary of the Senate, etc., intended to be proposed by him
legislative, etc., appropriation bill, which was referred
Committee on Appropriations and ordered to be printed.

P m S °H E Y B C R N introduced a bill (S. 5786) P ^ t t a g an In­
crease of pension to David Jewell, which was read twice by

g

appro­
Secre­
to the
to the

AMENDMENTS TO 0MNIEIIS CLAIMS BILL.
Mr. LONG submitted two amendments intended to be pro­
posed by him to House bill 15372, known as tbe “ omnibus
claims bill,” which were referred to the Committee on Claims
and ordered to be printed.
Mr. CULLOM, I submit two amendments, intended to be
proposed to House bill 15372. I hope that these amendments
will be embodied in the bill known as the “ omnibus claims
bill.” I move that they be printed and referred to the Com­
mittee on Claims.
The motion was agreed to.
EFFICIENCY OF THE ABMY.
Mr. FORAKER submitted an amendment intended to be
proposed by him to the bill (S. 221S) to increase the efficiency
of the Army of the United States, which was ordered to be
printed and, with the accompanying papers, referred to the
Committee on Military Affairs.
METROPOLITAN POLICE OF THE DISTRICT OF COLUMBIA.
The VICE-PRESIDENT laid before the Senate the amend­
ment of the House of Representatives to the bill (S. 2872) to
amend an act to amend section 4 of an act entitled "A n act re­
lating to the Metropolitan police of the District of Columbia,”
approved February 28, 1901.
The amendment of the House was, ou page 2, line 3, after
“ act,” to insert the following proviso:
P r o v i d e d , That when retired the present chief engineer of the fire
department of the District of Columbia shall receive as retired pay a
sum equal to one-half the sum allowed by law at the date of retirement.

Mr. GALLINGER. I move that the Senate agree to the
amendment made by the House of Representatives to the bill.
The motion was agreed to.
HOUSE BILLS REFERRED.

II. R. 16078. An act providing for second desert-land entries
was read twice by its title and referred to tbe Committee on
Public Lands.
The following bills were severally read twice by their titles
and referred to the Committee on Commerce:
H. R. 1G746. An act to authorize T. II. Friel or assigns to
construct a dam across Mulberry Fork of the Black Warrior
River; and
H. It. 17227. An act to authorize the city of S t Joseph, Mich.,
to construct a bridge across the St. Joseph River at or near
its mouth.
OCEAN MAIL SERVICE.
The VICE-PRESIDENT. Tbe morning business is closed.
Mr. GALLINGER. I ask tbe Chair to lay before the Senate
Senate bill 28, which was made a special order.
The VICE-PRESIDENT. The Chair lays before the Senate
the bill (S. 28) to amend the act of March 3, 1891, entitled “An
act to provide for ocean mail service between the United States
and foreign countries and to promote commerce.”
Mr. GALLINGER. Mr. President, I have made inquiry on
gjjgg 0f tne Chamber and so far have not found any Senator who desires to be beard on this bill, with the exception of
the Senator from Nevada [Mr. N ewlands ]. Very likely there
may be other Senators who wish to speak.
Mr. SIMMONS. Mr. President------The VICE-PRESIDENT. Does the Senator from New Hamp­
shire yield to the Senator from North Carolina?
Mr. GALLINGER. With pleasure.
Mr. SIMMONS. I desire at some time to submit some re­
marks on the bill, but I am not prepared to do it to-day.
Mr. GALLINGER. Mr. President, I bave no desire to hasten
the pni inordinately or improperly, and yet I am going to ven
ture to ask unanimous consent that tbe final vote be taken on
the bill, amendments pending, and amendments to be offered, on
Thursday next, March 5, before the hour of adjournment on that

Mr. LONG submitted an amendmert providing tjatjb e^ p ay - day.^ gIM M 0N g
I ask the Senator if he will not give a little
masters’ clerks now in tbe service of the United States^ Army
masters cieriis now “
mvmasters’ assistants, United more time, and make it Thursday of the following week?
shall hereafter be known
t0 £ e A m y
Mr. GALLINGER, I did not hear the Senator.
States Army,” etc., intended to proposed by him to the Airmj
The VICE-PRESIDENT. The Senate will be in order.
appropriation bill, which was referred to the Com
Mr. SIMMONS. I suggest to tbe Senator from New IlampMilitary Affairs and ordered to be printed.
Mr. FOSTER submitted an amendment proposing to increase shire to defer it a little longer than that time. I expect to bo
out of the city for several days the first of next week.
tbe number of Assistant Attorneys-General, Department o
Mr. GALLINGER. Would the succeeding Monday suit the
Justice, from five to seven, intended to be proposed by him to
the legislative, etc., appropriation bill, which was referred to convenience of the Senator?
Mr. SIMMONS. Yes; I would not object to that
the Committee on Appropriations and ordered to be printed.

,J|il

1908.

CONGRESSIONAL RECORD— SENATE

2583

establishment of said State or Territory within which to purchase any
Mr. TILLMAN. Certainly.
such lands and improvements within their respective limits at not
Mr. CLARK of Wyoming. I hope the Senator from South less than the appraised value. Conveyances of lands disposed of under
Carolina will not make the point of order, whether it be well or this section shall be executed and delivered in like manner and with like
111 taken, for there are certain contingencies in which, in my effect as herein provided for other conveyances. And this provision
judgment, the Secretary o f the Interior should be allowed to act shall apply to the Five Civilized Tribes.
Mr. TELLER. Mr. President, I want to ask the Senator
quickly. As the Senator in charge of the bill has stated, some
of these works ate in places remote from supplies, or remote who has this bill in charge whether the statement in the amend­
from places where advertisement can promptly be resorted to. ment is not rather too broad, and whether there should not be
For instance, in case o f a freshet washing away part of the something to limit it. As I understand, it is intended to relate
Irrigation work, where, In order to prevent further disaster, to tribal property, property in reservations, so that it shall
immediate action should be taken, I think that the Secretary not be applied to schools outside of reservation schools. I be­
should be allowed to expend more than $500. I do not think, lieve that is the intention of it, but it seems to me the terms
however, that he should be given unlimited control over the are very broad.
Mr. CLAPP. There would be no objection whatever to mak­
funds, and, therefore, I propose an amendment after the word
“ irrigation,” in line 4, page 3, to insert, 4 not to exceed the sum of ing it more definite. This was an old law. It was passed some
4
$5,000 in any one purchase or contract.” I can well imagine years ago. Afterwards it was amended so as not to take effect
that there might be cases when the discretion o f the Secretary for one year after the dissolution of the tribal governments.
ought to be exercised at once, and for that reason I offer the Then the Department recommended that the original law be
amended. By repealing the amending law it would have com­
amendment.
Mr. TILLM AN. Well, $5,000 is too much, but if the Senator plicated the appearance of it, so the original law was re­
from his knowledge of conditions and experience in such matters enacted. Now it reads:
Shall take possession of all buildings now or heretofore used for
feels that that is essential, I do not want to obstruct any
reasonable legislation here that will he in the interest of econ­ governmental, school, or other tribal purposes.
Mr. TELLER. I f the Senator who has the bill in charge
omy and of prompt action. Suppose the Senator puts it at
thinks that is sufficiently limited, I do not wish to interfere.
$2,000? That would stop lots of breaks in a ditch.
Mr. CLAPP. I have no pride of opinion in the matter.
Mr, CLARK of Wyoming. It would not stop very many
Mr. TELLER. I want the Senators opinion that it is only
breaks very rapidly in large irrigation works.
Air. TILLMAN. From what I saw out there they do not often confined to schools on the reservations and not intended to re­
late to those outside.
break.
Mr. CLAPP. It was not intended to, and I do not think it
Mr. CLARK of Wyoming. The Senator is mistaken. They
very often break, and it has occurred to me, Mr. President, that could be so considered, so far as the words “ governmental or
the Secretary might well be allowed to use his discretion within other tribal purposes” are concerned. But I am perfectly will­
ing to have language put in that will make it plainer, if the
the limits proposed by my amendment.
Mr. TILLM AN. I yield to the superior discretion and wis­ Senator will suggest it,
Mr. TELLER. With that understanding, I do not want to
dom of my friend from Wyoming.
.
The VICE-PRESIDENT. Does the Senator from South Caro­ interfere with this wording.
^ Mr. OWEN. I move to strike out the words “ governmental, j
lina withdraw the point of order?
Mr. TILLM AN. I withdraw the point of order upon the school, or other.”
understanding that the amendment offered by the Senator from ' The VICE-PRESIDENT. The Senator from Oklahoma pro­
poses an amendment to the amendment, which will be stated.
Wyoming fixing the limit at $5,000 goes in.
The Secretary. On page 3, line 20, in the committee amend­
The VICE-PRESIDENT. The Senator from South Carolina
withdraws his point of order. The Senator from Wyoming ment, it is proposed to strike out the words “ governmental,
proposes an amendment to the amendment, which will be stated. school, or other,” so that it will read:
The Secretary. On page 3, line 4, in the committee amend­
The Secretary of the Interior shall take possession of all buildings
ment, after the word “ irrigation,” it is proposed to insert the now or heretofore used for tribal purposes.
words 4 not to exceed the sum of $5,000 in any one purchase or
1
The VICE-PRESIDENT. The question is on the amendment
contract.”
to the amendment.
The amendment to the amendment was agreed to.
Mr. TELLER. Mr. President, before this amendment is
The amendment as amended was agreed to.
agreed to I will say that that will very materially change this
The reading of the bill was resumed. The next amendment provision.
of the Committee on Indian Affairs was, on page 3, after line 8,
Mr. CLAPP. Yes, and I think when it goes into operation
he Senator from Oklahoma will very seriously regret having
to insert:
Hereafter when the Secretary of the Interior deems a new bond nec­ nade the change. However, it affects his State more than any
essary he may, In his discretion, require any disbursing officer under >ther, and I have no objection to it.
the jurisdiction of the Office of Indian Affairs to execute a new bond,
Mr. TELLER. Under the amendment which the Senator
W approved sureties, in such amount as he may deem necessary, and
ith
when accepted and approved by the Secretary of the Interior the new !rom Oklahoma proposes, if it should be agreed to, I think that
bond shall be valid and the surety or sureties of the prior bond shall he authority' given later in this provision would enable the
he released from liability for all acts or defaults of the principal which Secretary of the Interior to sell the property at Carlisle,
may be done or committed from and after the day on which the new
iaskell, and other schools in several other sections of the
bond was approved.
country, which I do not believe we want to give him authority
Mr. GALLINGER. I will ask the Senator in charge of the
bill if in line 11 it would not be better to insert the word ;o do at this time.
rM r. OW EN . I simply made the suggestion to conform to the
“ Commissioner ” for “ Office,” so that it would read “ under the
Ejection made that the language was too broad. It really
Jurisdiction of the Commissioner of Indian A ffairs” instead of
>eing the purpose to confine it to the tribal property, I moved
“ under the jurisdiction of the Office of Indian Affairs.” Would
:o strike out the other qualifying words, “ thereby confining it
that not be better?
;o tribal property.”
.,
.
.
Mr. CLAPP. There would certainly be no objection to i t
Mr CLAPP
I suggest, Mr. President, if it would not rocet
Mr. GALLINGER. I suggest that change, Mr. President
wery objection to simply strike out the word “ governmental”
The VICE-PRESIDENT. The amendment to the amendment ;o that it would read, “ now or heretofore used for school or
win be stated.
jther tribal purposes.”
,
. .. . . .
.x
The Secretary. On page 3, line 11. after the words " of the,”
- j j r OWEN. I ask the Senator from Minnesota if that would)
it is proposed to strike out the word “ Office” and insert the
iot include the Carlisle school?
.
_ ..
Word “ Commissioner.
Mr. CLAPP. Certainly not. Even leaving in the word govThe amendment to the amendment was agreed to.
jrnmentai,” reading 1 for governmental, school, or other tribal
4
The amendment ns amended was agreed to.
iurposes,” I think it would exclude every Federal school any­
The reading of the bill was resumed. The next amendment
way, and if we strike out the word “ governmental ” that would
of the Committee on Indian Affairs was, on page 3, after line
ibsolutely exclude Federal schools.
18, to Insert:
.
, „ . ....
Mr. OW EN. If we use the word “ tribal purposes” would it
The Secretary of the Interior shall take possession of all bui dings
now or heretofore used for governmental, school, or other tribal por- lot include the schools?
Mr. CLAPP. No, sir.
Jx's'-fl° togrther° with t L furniture therein and the land appertaining
ie
hereto and appraise and sell the same at such time and under such
Mr. OWEN. Is not that a tribal purpose 1 )
Tules nnd remilntions as he may prescribe, and deposit the proceeds, less
Mr. CLAPP. Does the Senator mean as to his State?
**Ponses incident to the appraisement and
/ Mr. OW EN . I mean as to any State. If this is intended to
pnlted States to the credit of the respective trilss. I n m d e a , That in/
the event said lands are embraced within the geographical limits of a/, ipply to tribal purposes only, why not confine the language to
Statfor Territory of the Tlnited States such State or Territory or any!| ribal purposes?
bounty or municipality therein shall be allowed one year from date ofL







2584

CONGRESSIONAL RECORD— SENATE.

Mr. CLAPP. I f the Senator from Oklahoma, whose State is
most vitally interested in the passage of this provision, desires
to. strike out the word, for one I shall interpose no objection.
Mr. OW EN. I only want to ask the Senator what is the
scope of the present language. I f it includes some other build-J
ings than tribal buildings 1 want to know what they are.
Mr. CLAPP. Under its present scope it would include anyfiling— “ governmental, school, or other tribal purposes.”
.
Mr. OW EN. W hat are the things intended to be included?/
Mr. CLAPP. I understand that the Creek Nation had a
capitol building there which was used for tribal purposes.
•
Mr. OWEN. “ Tribal purposes” would include that.
Mr. CLAPP. That would be included.
Mr! TELLER. Do you want to authorize the Secretary to
v
sell that property?
Mr. OWEN. I have no objection to its being sold, if it is
a part of the tribal property. I think it ought to be disposed
of. But I think this clause ought to be limited in such way
that the Secretary shall confine his operations with regard to
these properties to the distinct contracts and agreements be­
tween the United States and the Five Civilized Tribes, or any
other Indian tribes that may happen to be within the btate o
Oklahoma or any other State. I only suggest that because, i
this language is intended to cover something else that a
clearly appear as under the term “ tribal purposes, I w
know what it is?
. ,,
. ,
„ - +V
l„+
Mr. TELLER. I do not know what is the intention of that
provision. It is in the law now and has beenf
Mr. CLAPP. It was first, so far aslreca ll.u sed w itb ree

Eebruaky 27,

which I have no objection. I oniy wanted to narrow the lan­
guage so that it would apply only to those buildings which
have heretofore been used for tribal purposes.
Mr. TELLER. I am perfectly willing to accept any amend­
ment to my amendment that the Senator from Oklahoma will
propose which will accomplish the purpose.
Mr. CURTIS. I suggest that if you add, after the word
“ buildings,” in line 20, “ in the eastern division of Oklahoma ”
the provision would then apply only to what was formerly the
Indian Territory, and you could strike out the last part of line
11, and also line 12, on page 4. Then the item would apply
only to buildings that are now located in that part of Oklahoma
which formerly was in the Indian Territory.
. .
„ ,, ~
X
n\ITr\T TT ii___
T;xu
f Mr. OWEN. With the permission of the Senator from Colo___.a
■ranA I nrnnl/1 eiir»f»A -JU e
I would suggest, therefore, ai «_ _xi
«4 -'
_a x
a
i
rado,
the insertion, after the word J
^‘ buildings,” of an amendment to read:

On the lands formerly occupied by the late Five Civilized Tribes.

Mr. Cl RTIS. Why put in the word “ la te ?”
Mr. OWEN. Because they are dead.
. Mr. CURTIS. The law says they are not.
Mr. OWEN. The law is mistaken if it says so.
j Mr. CLRTIS. I do not agree with the Senator from Okla­
homa on that proposition.
Mr. OWEN, i am ready to debate that with the Senator
rom Kansas.
The 5 ICE-PRESIDENT. The Chair will call the attention of
Senators to the fact that they must address the Chair before
speaking.
Mr. CURTIS. I beg the Chair’s pardon.
ence solely to the Indian Territory. IJthink 1= wat3 ^ what is
1
Mr* CLAPP. I do not believe Senators can improve any on
known as the “ Five Civilized Tribes bill.
It was section 15. this language— “ used for governmental, school, or other tribal
The Secretary of the Interior shall take possession of aU bmldmgs purposes.” I have no objection to fixing it in any way Sena­
tors see fit.
Mr. TELLER. I should like to ask the Senator if he does
thereto.
not consider the school at Grand Junction, Colo., a govern­
Then that was amended afterwards by this proviso :
mental school?
Provided, That this section shall not take effect until the date of
Mr. CLAPP, Not in connection with the language “ govern­
the dissolution of the tribal governments of the Choctaw, Chickasaw,
mental, school, or other tribal purposes.” It must relate to
Cherokee, Creek, and Seminole tribes.
those schools that are associated with tribal governments.
Now the Department asks—
Mr. TELLER. That might be the meaning, and yet some­
To relieve this difficulty I respectfully ask that Senate bill No. 4644
to nrovide for the removal of restrictions from part of the lands of body might think it meant something else.
allottees of the Five Civilized Tribes, and for other purposes, be
Mr. CLAPP. I think the suggestion of the Senator from
>“ 1*0 f t
.c. .» provide [or Colorado to use the words “ on reservations,” after “ schools,”
the
disposition o( the affairs ot the Five Civilized Tribes
the or perhaps the suggestion of the Senator from Kansas to in­
Indian Territory, and for other purposes, approved April -6, 1906, sert “ in the eastern division of Oklahoma” would cover it
shall b e c o m e o p e r a t iv e immediately upon the approval of this act."
beyond any question.
To avoid the circumlocution of going back and amending the
Mr. TELLER. Suppose you insert both?
old law the committee inserted in the bill this prov ision, which
Mr. CLAPP. Well.
will of course, become operative upon the approval of the act.
Mr. GAMBLE. I suggest that an amendment be made in
Mr. CURTIS. I want to state to the Senate that when the lines 11 and 12, page 4, by inserting:
Commisssioner was before the committee he suggested that this
uAu? tMs provision shall apply solely to the property heretofore be­
item was only intended to apply to tribal buildings located in longing to the Five Civilized Tribes.
that part of the country heretofore known as the Indian Ter­
Then it would confine It to the property and the tribes for
ritory.” But the committee thought it better to make it general. which the original amendment is proposed by the committee.
Mr TELLER. I f that is so, it seems to me we ought spe­
Mr. TELLER. It would be entirely satisfactory to me to
cifically to limit it to that section. There is a very valuable make that amendment, and I withdraw my amendment.
school in Kansas. There are two very valuable schools in Colo­
The 5 ICE-PRESIDENT. The Senator from South Dakota
rado I should not like to have them interfered with.
proposes an amendment, which will be stated.
Mr. CURTIS. The Commissioner would not take charge of > Mr. OWEN. Mr. President, I should like to know what dis­
and sell the school in Kansas or the school in Pennsylvania so [position was made of the amendment proposed bv the Senator
long as we continue to appropriate a year in advance and pro- \from Oklahoma.
v
j
yfrom
vide for the maintenance of the schools there; and so far as I
lh e \ICE-PRESIDENT. Mill the Senator from Oklahoma
am concerned, representing in part, as one of the Sraatora from restate his proposed amendment?
that State, the great State of Kansas, I am not afraid of this / M r . OWEN. After the word “ buildings” insert:
provision applying to the Haskell School.
l On the lands heretofore belonging to the late Five Civilized Tribes.
Mr TELLER. I do not see any objection to this provision
The VICE-PRESIDENT. The Senator from Oklahoma pro­
if it applies only to the schools on reservations, and I suggest
that perhaps we had better put in, after “ school,” the words poses an amendment, which will be stated.
Hie S e c r e t a r y . On page 3 of the bill, line 20, after the
“ on Indian reservations.”
word “ buildings,” it is proposed to insert:
Mr. CLAPP. Does the Senator move that?
On the lands heretofore belonging to the late Five Civilized T r ib e s .
Mr TELLER. I move that as an amendment
Mr. LODGE. Mr. President, I know nothing of the merits
The VICE-PRESIDENT. The Senator from Colorado pro­
of the controversy here as to the late Five Civilized Tribes or
poses an amendment which will be stated.
The Secretary. After the word “ purposes,
in line 21, whether the word is appropriate, but the Senator from Kansas,
who is very familiar with the subject, states that the tribes
page 3, insert “ on Indian reservations.”
are still recognized as in existence by law. If that is the case,
Mr. TELLER. Let it come in after the word
school.
Mr. OWEN. I should like to call the attention of the Sen­ of course such language as this would he contradictory and out
ator from Colorado to the fact that the lands embraced in of place. I should like to have that point settled before vve
eastern Oklahoma, which formerly might have been called are called upon to vote on the amendment
“ reservations ” are not reservations. They are a part of the
Mr. OWEN. Mr. President, I decline to leave out the word
State of Oklahoma, and they are owned by the citizens of the
late, and I am prepared to defend my amendment before the
Senate.
y
State of Oklahoma.
Mr. TELLER. That would not interfere with it at all?
I Mr. CL RTIS. Mr. President------Mr. OWEN. Y es; it w'ould prevent the sale of those publicv
'lhe VICE-PRESIDENT. Does the Senator from Oklahoma
buildings which are intended to be sold by this act, and to i' yield to the Senator from Kansas?

u

S

to

CONGRESSIONAL RECORD— SENATE.

1908.

The VICE-PRESIDENT,

The Senator from Oklahoma de-

( Mr. OWEN. Certainly. '
„
^
Mr. CURTIS. I move to amend the amendment by striking clines to yield.
Mr. OWEN. I will yield to the Senator from Kansas.
out the word “ late.”
The VICE-PRESIDENT. The Senator from Oklahoma yields
The VICE-PRESIDENT. The Senator from Kansas proposes
an amendment to the amendment of the Senator from Okla­ to the Senator from Kansas.
Mr. CURTIS. I have no question to ask the gentleman.
homa, which will be stated.
m
,,
/ M ..... OWEN. By the act of July 1, 1002, these so-called
r.
The Secretary. Before the words “ Five Civilized Tribes
“ Cherokee Indians,” who were then and there citizens of the
f 'h p r
it is proposed to strike out the word “ late.”
United States holding certain property rights, it is true, agreed
Mr. OWEN obtained the floor/j
by their act confirming the act of Congress to the distribution
Mr. CLAPP. W ill the Senator pardon me for a moment?
of this property, making the United States the trustee for the
Mr. OWEN. Certainly.
Mr. CLAPP. I do not know whether it is the purpose of the distribution, and by that act it was expressly stipulated that
Senator from Oklahoma to enter at length upon a discussion the tribe itself should be made up as of the 1st of September,
1902. The property was to be distributed as of that date. The
of the legal status of those tribes. I want to state to him
Cherokee Nation as of that date and now has no legislature.
it may be entirely unnecessary— that at 2 o’clock the Senator
from Kentucky [Mr. M cCreary] will take the floor, and the hill The Cherokee Nation has no executive department. The Cher­
okee Nation has no judiciary department. It has no function of
will be laid aside at that time.
government. Its laws can not be enforced in any forum. But
.
Mr. OWEN. There is an abundance of time, I take it,
I consider this question. It is an important question. It 1 nevertheless thereafter this so-called “ government ” was at­
tempted to be revived by an act of Congress of March 3, 190G,
I an important question to me. Am I, a Senator of the I nib
by which the tribal government was nominally continued, there
\ States, a member of a living Indian tribe, and under the supe^
being no tribal government.
\ visory control of the Secretary of the Interior?
'
The phraseology which has been in use in the Department of
^ Mr. CURTIS. Your property is under the control of the Sec­
the Interior for all these years when a tribe ceased to have a
retary of the Interior, and you know it.
governmental function was “ late tribe.” They speak of the
I Mr. OWEN. I deny iU
‘ late Delaware Indians.” As United States Indian agent years
Mr. CURTIS. Well, it is. The Supreme Court has so de­
and years ago, I used to make payments to the “ late Delaware
cided.
„
ir. OW EN. The Senator from Kansas says that my prop-, tribe,” using that term to describe a community of people which
y is under the control of the Secretary of the Interior.
J still had tribal property, but which had no governmental func­
tion, and which had no life as a government. And therefore I
Mr. CURTIS. I do not desire to make it that broad.
The VICE-PRESIDENT. Does the Senator from Oklahoma say that while the law nominally continues these tribes, the
true designation of the tribes is the “ late Five Civilized Tribes,”
yield to the Senator from Kansas?
because they are no longer governments. They serve no longer
CM r. OWEN. With great pleasure. ;
Mr. CURTIS. I mean the property you own as a member a use. I think that this matter ought to be correctly written in
or as a former member— if you want to put it that way, I say our law. It ought not to appear here that the Five Civilized
now as a member— of tlie Cherokee tribe of Indians. The Sec­ Tribes are really governments when in point of fact they do not
retary of the Interior has no interest in your property that exist as governments.
I do not introduce the word “ late ” in any arbitrary spirit. I
you hold other than as a member of the Cherokee tribe, but as to
the land you own as a member of the Cherokee tribe of In­ do it because there ft a vital distinction between a living gov­
dians, under existing law, you are still under the control of ernmental organism and a tribe which is dead and which is only
the Secretary of the Interior. I think you ought not to be, used as a designation to describe a community of people who
have certain undistributed property rights.
but you are.
\
The United States was made trustee for the distribution of
Mr. OWEN. I agree with the Senator from Kansas that I\
ought not to be. I disagree with him in his proposition that 1 this property. It has now allotted nearly all of these lands.
*
The allotments are almost complete. And why shall we go on
I am.
✓
Mr. President, it is true that I was an adopted member of with this fiction, speaking of this tribe as if it was a living gov­
the late Cherokee tribe of Indians; that I was a member of that ernmental organism and as if it might afford protection to its
tribe by blood. It is also true that by the act of March 3, citizens and demand allegiance from them? The Cherokee Na­
me. I owe A.”
”
*tq01__an act which I had the honor to write—every muian non can ueumuu uu allegiance from ------------- - ~ the Cherokee
2901__an
write— every Indian tion can demand no

e

in the Indian Territory was made a citizen of the United States, I Nation as a government no allegiance. The on y a egi. ce n
witli all the rights with all the privileges, with all of the im- [earth that I owe is to the Government of the T inted States and
m ities of^any other citizen of the United States; not some f to the State of Oklahoma. I want this distinction clearly kept in
S the rights not some of the privileges, and not some of I mind, and I appeal to the Senate that my suggestion with referthe Immunitiesand one of the rights of a citizen of thefenceto the word “ late ” is justified by precedent* is justified
United“ S S e i I s that ho shall have the free right of contract, by good principles of law, and ought to be included in this lan-

That right did not depart from me merely because the Cher
kee Nation, under an agreement with the United States, con
veyed to me a so-called “ allotment.”
- Mr. CURTIS. Mr. President------The VICE-PRESIDENT. Does the Senator from Oklahoma
yield to the Senator from Kansas?
{Mr. OW EN. With pleasure. >
Mr. CURTIS. Did not the Senator from Oklahoma partici­
pate in the campaign that approved the agreement between
the Cherokee Nation and the United States, and did not that------(Mr. OWEN. He might have done so, but did not.;
Mr. CURTIS. And did not that agreement which your peo­
ple adopted provide that the restrictions should be retained on
vour homestead for twenty-one years and should be retained on
the surplus lauds until five years after the date of the patent? f j
c
A M r . OW EN, i
/ C s brings to the attention a

t

"

guage.
I do not want to take up the time of the Senate uselessly in
discussing this matter. I say the Supreme Court has passed
upon it. I f it is necessary to show those decisions of the Su­
preme Court, I am prepared to do it. I do not want to take up
the time with regard to it, but I shall insist that this is right—
that the word “ late ” should be included.
■-^5lr. CURTIS. Mr. President, I desired to interrupt the Sen­
ator from Oklahoma [Mr. Owen] so that he might be able to
make a correct statement to the Senate as to the position of the
Five Civilized Tribes and that he might distinguish between the
decision of the Supreme Court in the Heff case and other deci­
sions; but he did not care to yield for the question. The distin­
guished Senator says that as an agent he paid the Delawares as
la te ” Delawares. Why not tell the Senate how it happened?
he made that
to the Delaware* they had been
P theDelawareTwere^concerned they were ou\ of
s

/
T h e ™ t r A n l ^ l the approval of t t a 'c m L n s o f'th e I business and were then a part o f the Cherokee tribe. That is
“
/ United States who at that time had certain property rights I why he paid them as the late Delaware Indians.
/ , ,
1
’ .. PI, !rni f.p Nation ” They were no longer In-1
The distinguished Senator from Oklahoma is too good a
/ under the term
v
‘ f th* r n;t('>d states has passed! lawyer to claim for one minute that the Heff case affected in
d.ans. The ^ r e m e Cmart ■
of
;
the property rights of the Indian. I have here a
V upon this question in the most elaborate review m the so c a n e * any
^ ^ c£ ge£ j IcKay v. A gnes Kalyton, by Louis Kaly\ ‘A1J
*ert Heff case.
Mr m S
Mr, OW LN.
r rn iT is

Mn u r v ’
l'
Mr. 0 \ \ L > .

p

ident. ___
_

i willnot yield to furtherinterruptions
I wm
}

should like to ask the Senator a question.
piration of the trust period, just as I claim It controls the lands
decline to yield tofurther
questions at this) of the Indians in that part of Oklahoma formerly the Indian
I utti
J
/ Territory, until the restrictions are removed, or until the oxt

t

> ton, her guardian, reported in 204 United States Supreme Court,
at this, in which the court holds that the Government of the United
States continues to control the lands of the Indians until the ex-







2586

CONGRESSIONAL RECORD— SENATE.

Eebkuaey 27,

in Kansas, and I wish to call the attention of the Senator from
Kansas to that distinction. The distinction is this: When the
Kickapoos of Kansas were allotted they were aliens, they were
not citizens of Kansas. The United States dealt with them a3
aliens and as wards, and. the United States did have a super
visory control of them.
v! Mr. CURTIS. Mr. President------The VICE-PRESIDENT. Does the Senator from Oklahoma
and character of an allotment of Indian lands and the interest of the
United States therein as trustee before the expiration of the period yield to the Senator from Kansas?
for their final disposition in any way affected by the decision in the
Mr. OWEN. Certainly. >
matter of Heff (107 U. S., 488), dealing with the subjection of al­
Mr. CURTIS. Does not the Senator from Oklahoma know
lottee Indians in their personal conduct to the police regulations of tne
State of which they had become citizens.
that under the very act by which they were allotted a man
who had become a citizen of the United States might be al­
That is what the Supreme Court decided in that case.
The Heff case applied only to the person and to the police lotted? Does not the Senator know that the very act that he
regulations of the State and not to the property of the Indians. secured the amendment to, the act of 1SS7, provided that if a
It is true that Congress fixed a time for the expiration or man left the reservation and became a citizen of the United
the tribal governments in Oklahoma— the Five Civilized Tribes. States he did not lose his right to the tribal property?
Mr. OW EN. Yes; but that does not affect the argument. \
But before that time arrived Congress, as it had a right to do,
passed a joint resolution extending the life of the Five Civilized The argument which I make is that while United States citi­
zens may be given these privileges, the decision of the court to
Tribes, and the Five Civilized Tribes are still in existence, me,
which the Senator appeals goes to the individual who was an |
have their chiefs. They have their councils. Those chiefs mus
alien and who received his citizenship after he had received a .
sign the patents or deeds to the land allotted to the members o
the tribe. It was extended by a joint resolution, and sc>
. s grant of land with that condition attached to it.
a
Mr. CARTER. Mr. President— —
concerns the lands owned by the distinguished Sena
,
‘
The VICE-PRESIDENT. Does the Senator from Oklahoma
homa which he derived from the Cherokee
, g
still under the control of the Secretary of t h e ^ te r io r , unless yield to the Senator from Montana?
Mr. OWEN. Certainly.)
he has had the restrictions removed, Under the law he has a
Mr. CARTER, Mr. President, I was in sympathy with the
right to file an application to have those restrictions removed,
declaration of the Senator from Oklahoma to the effect that he
and there is a law, which has not been decided
prohibiting the full bloods of the very tribe to which the dis­ did not consider himself under the control of the Secretary of
tinguished Senator belongs from selling their lands for twenty- the Interior.
(M r. OWEN. I said it very deferentially.
Mr. CARTER. Such control would have been more odious
^ The Government still has control of those lands, and I think
it would be a very serious mistake for the Senate to say that in former days than at present, but it is intolerable at any time
theToint resolution it passed on the 2d of March amounted to in so far as the Senator is concerned.
I desire now to point out to the Senator from Oklahoma and
nothing by declaring that the Five Civilized Uribes are late
tribes. The joint resolution to which I call the attention of the likewise to the Senator from Kansas what I conceive to be a
clear misunderstanding, both being right, but not understanding
Senate is as follows:
„
That apparently paradoxical condition seems to
n r w iv e d
e t c .. That the tribal existence and present tribal govern­ each other.
m e n ts of 'the Choctaw. Chickasaw, Cherokee, Creek, and Seminole me to present the case fully.
nr nations of Indians in the Indian Territory are hereby con­
The
says
of certain
tused in fuH force and effect for all purposes under existing laws until acts of Senator from Oklahoma of the that by virtue Tribes be­
Congress the members
Five Civilized
nU nroocrtv of such tribes, or the proceeds thereof, shall be distributed
among P
the individual members of said tribes unless hereafter otherwise came full and unquestionable citizens of the United States and
are such now. That is a personal status, and with that status
provided by law.
That is the law of the land to-day, and it applies to the Five the Senator from Kansas does not take issue at all.
riviiiA d Tribes and the Five Civilized Tribes are in existence
On the other hand, I think the Senator from Oklahoma will
as much to-day as they ever were, except the acts of their legis- admit that in so far as the members of the Five Civilized
a t o must be approved by the President.
Tribes received property, which had theretofore been held in
Mr OWEN
Mr. President, as I may have seemed somewhat t common, they received the realty subject to conditions, and the
discourteous to the Senator from Kansas in not yielding1 conditions run with the title and do not affect the citizenship
promptly to a question when I wanted to make an argument a lof the individual owning the land except to the extent o f the
while ago, I took some pains not to interrupt him and now ex­ limitation upon his action with reference to particular property.
press my sincere regret at any apparent lack of consideration.
Now, is the case different from this? A lot of land may be
The Senator from Kansas lays great stress upon the reason . purchased by a citizen in the District of Columbia, the original
for the use of the term “ late Delaware tribe,” because they were owner fixing to the title of that property a restriction to the
ibsorbed by the Cherokee Nation. Quite light, the aiguinent effect that intoxicating liquors shall never be sold upon the
v is sound and applies with equal force to the Cherokee Nation, premises. That restriction does apply to certain lands in the
V h o s e citizenship has been absorbed by Oklahoma absolutely. District of Columbia to-day. The purchaser of a lot of land
subject to that restriction does not lose his citizenship of the
' Mr CURTIS. Mr. President— —
The VICE-PRESIDENT. Does the Senator from Oklahoma United States, but he buys the land subject to the restriction
attached to the title. I ask the Senator if that is not the case
yield to the Senator from Kansas?
with reference to citizenship and former tribal property in
/ Mr. OWEN. I will yield. )
^
t
Mr CURTIS. Not absorbed in the same way. The lands Oklahoma in so far as these tribes are concerned?
(Mr. OWEN. It is not.
have not been absorbed. The Delawares, when they bought
Mr. CARTER, I shall be glad to have the Senator point out
into the Cherokee Nation, bought simply the right to particithe difference.
e as members of the tribe.
.
Mr. OWEN. I shall explain it to the Senator. I thank him
, v r OWEN
And the Cherokee people, when they became
citizens of Oklahoma, owed their allegiance to Oklahoma. Okla­ for the effort to elucidate the differences between the Senator
homa has control of their property, of their lives, and may take from Kansas and the Senator from Oklahoma. *His intention
their lives under the law of Oklahoma. Oklahoma is the sov- was good, and what he says applies with force and is right in
S e S J over the Cherokee Individuate who formerly were Chero- other cases than the one which I am now about to present.
The difference is that when this agreement in 1902 was made
kee citizens, hut who are now citizens of Oklahoma.
between the so-called “ Cherokee tribe ” and the United States
Mr. CURTIS. Mr. President------The VICE-PRESIDENT. Does the Senator from Oklahoma it was not made, in fact, with a lot of Indians nor with an
Indian government; it was made with a certain number of
yield ?
t
United States citizens, armed with all the rights, privileges, and
(Mr. OWEN. I yield. )
. .. . . .
Mr. CURTI-S. The distinguished Senator will admit tnat immunities of citizenship. They were citizens of the United
Oklahoma has no right to tax the lands of the civilized tribes States. I wish particularly to exclude the idea of Indian
when you consider this matter, because there is no Indian
that were exempt by the agreements with them.
within the meaning of the law in the limits of the Five Civi­
( Mr. OWEN. I emphatically deny the proposition
Mr. CURTIS. The Supreme Court decided that very point lized Tribes. An Indian, under the law, means a ward. An
in the Rickerts case; that is, that States had no right to tax Indian means a subordinate under the law. It means an alien
under the law. Am I an aiieu?
property during the restriction period.
Mr. OWEN. Mr. President, there is a distinction between . I will discuss the Senator’s question, Mr. President. I will
the citizens of the five tribes and the citizens of Indian blood hpt forget the distinction he makes, and I will answer i t But

piration of the restriction period, and Congress has full con­
trol over their property until that time. The Supreme Court
30 holds in this case, and it refers to the decision in the Rickert
case with approval. Here is what they say about the Heff
case, and if the distinguished Senator from Oklahoma has not
read it, I submit it to him for his careful consideration:
Nor are the principles which were thus announced as to the nature

1908.

CONGRESSIONAL RECORD— SENATE.

2587

now I call your attention to tlie fact that there was no Indian the distinction. I agree with the Senator from Kansas that
within the limits of the Five Civilized Tribes when this contract when I receive a limited title forbidding me by act of the
between the United States and the Five Civilized Tribes was grantor to divest myself of the legal fee for five years, the legal
made.
tee will remain vested in me for five years; but what I call
Mr. CURTIS. Mr. President------your attention to now is the vital distinction in this case. If I i
The VICE-PRESIDENT. Does the Senator from Oklahoma am a free man, if I am a citizen of the United States, with a ir
yield to the Senator from Kansas?
the rights, privileges, and immunities of citizenship, I can dis­
Mr. OWEN. I yield. (
pose of my equity and I can give my bond for title, and there is
Mr. CURTIS. You admit, do you not, that there was a no power in the Federal Government to stop it.
tribe of Cherokees there?
AM D EN O TH N
EN M T F E ATIO
NAL BANK
ING LAW
S.
' Mr. OWEN. N o; I admit nothing of the kind. •
Mr. CURTIS. You admit, do you not, that they had prop­
The VICE-PRESIDENT. The hour of 2 o’clock having ar­
erty— money and land?
rived, the Chair lays before the Senate the unfinished business,
SMr. OWEN. Certainly I d o .)
which is Senate bill 3023.
Mr. CURTIS. Who had the money and land if the tribe did
, Tlie Senate, as in Committee of the Whole, resumed the con­
not hare it?
sideration of the bill (S. 3023) to amend the national banking
laws.
Mr. OWEN. There was no tribe. They were United States
citizens and were not a tribe.
Mr. McCREARY. Mr. President, the last panic, with its dis­
Mr. CURTIS. Mr. President, were they not known as a astrous consequences, depreciated values, stoppage of industrial
tribe?
and commercial development, and enforced idleness, came sud­
[ Mr. OWEN. It is that error of designation I am trying now, denly and at a time when people were prosperous and when the
to correct.
Government in its resources, the banks in their affairs, and busi­
Mr. GORE. Mr. President------ness in its activities never seemed sounder and stronger. Some
The VICE-PRESIDENT. Does the Senator from Oklahoma persons say we faced a crisis unequaled in our history, and the
yield to his colleague?
distinguished chairman of the Committee on Finance [Mr. Al­
Mr. OWEN. With pleasure. I
drich], who reported the bill now under consideration, said:
Mr. GORE. I merely desire to suggest it might be well
The financial crisis from which the country has just emerged, which
for the Senate to recognize the belligerent rights of these two terminated in a serious panic in October, was the most acute and destructive in its consequences of any which has occurred in the history
Indians. [Laughter.]
of the country.
J
Mr. OWEN. Mr. President, I was not an alien in the year
There has never been a monetary system in our country which
of our Lord 1902. I was a full citizen of the United States,
There were
and I had no more rights as a citizen of the United States was entirely free from financial disturbances.
than did any other man who belonged to the so-called and pre­ financial panics in 1837 and in 1857 and in 1873 and in 1893, but
tended tribe of Cherokee Indians. There was no tribe and tbe conditions at the time each of these panics occurred were
there was no Indian within the meaning of the law, because entirely different from the conditions which preceded the late
panic.
n Indian is an alien.
Mr. CURTIS. That can not be so, Mr. President
Ihe amount of money in actual circulation in our country is
Mr. OWEN. It is so, and the Senator from Kansas can greater per capita than in any other commercial country in "the
never deny a truth so patent.
world, except France, where business conditions are very dif­
Mr. CURTIS. The Supreme Court say------ferent from ours and where business is done largely upon bank
The VICE-PRESIDENT. Does the Senator from Oklahoma notes instead of upon bank credits, as in our country. In 1907,
yield to the Senator from Kansas?
just previous to the commencement of the panic, the amount of
( Mr. OWEN. With pleasure.,
money in circulation in the United States outside of the Treas­
Mr. CURTIS. The act of 1887 recognizes that an Indian ury was $2,805,854,374, or $34 per capita, being the largest
may become a citizen of the United States and enjoy all the amount per capita up to that time in the history of our country,
rights and privileges and still be a member of his tribe.
and nearly double what it was in 1896. W e have twice as much
Mr. OW EN. Yes; in the Albert Ileff case John Butler money per capita as Great Britain, seven times as much as
was a Kickapoo Indian and n member of his tribe, and the Japan, four times as much as Russia, and $7 per capita more
United States undertook to assume jurisdiction over his appetite than Germany. Six thousand six hundred national banks held
. for liquor while the State of Kansas had jurisdiction over his $1,106,500,000, and 11,000 State banks and trust companies held
, person otherwise; and the interesting distinction was brought a large part of tbe remainder. Deposits in our national banks,
about that it was necessary and essential iu order to have both State banks, savings banks, and trust companies bad increased,
jurisdictions to vest, that the aforesaid John Butler should be in round numbers, from five billions to thirteen billions. I
separated for the purposes of the State courts as to his per­ might also state, to show the remarkable condition of tbe crops
son from the aforesaid appetite for intoxicating liquor for of the country, that in 1907 there were 13,500,000 bales of cot­
Federal purposes— [laughter]— a distinction which shows the ton produced, which sold at an average of 12 cents per pound,
absurdity of the contention of the Senator from Kansas. John being tbe largest number of bales ever produced in the Southern
Butler was subject to the laws in Kansas; he owed allegiance States in one year, and there were produced in the United
to the laws of Kansas which had jurisdiction over his life and States 735,000,000 bushels of wheat, and all other farm prod­
over his property; and the only benefit of keeping John Butler ucts were produced in 1907 in the same abundance; and when
l a member of the Kickapoo tribe is to pay the salary of the the panic broke upon tbe country we were enjoying unrivaled
Vlndinn agent, who is a holder of office.
__
prosperity, and all the products of the fields, "factories, and
Mr. CURTIS. Oh, Mr. President------mines were selling for the highest prices they had commanded
The VICE-PRESIDENT. Does the Senator from Oklahoma in many years.
THE PANIC.
yield to the Senator from Kansas?
Mr. OW EN . Y es; I yield.
The wonder of the times, therefore, is, What produced the
.Mr. CURTIS. You do not have to yield.
panic? I should say the panic was produced by overtrading,
(Mr. OWEN. I will yield.
unbounded speculation, unlimited gambling in stocks, hazardous
Mr. CURTIS. Mr. President, the distinguished Senator from business enterprises, combinations and consolidations that en­
Oklahoma referred to the Ileff case. He knows that was ap­ riched the promoters and impoverished the people and destroyed
plied to the police powers of the State. lie knows also that the public confidence, and caused money to be boarded, and made
Supreme Court lias decided that the allottee, who may become a depositors withhold money and withdraw money from the banks
citizen of the United States by that allotment and enjoy ail the because afraid of the banks, and made banks withhold money
rights and privileges, still holds his land as a member of the and refuse to pay it out because afraid of depositors, and be­
tribe, subject to the restrictions placed thereon by the act giving cause, in many instances, their part of the reserves had been
him the land. I have not contended that Congress was trying sent to eastern cities and were not available.
to exercise any right over the individual, but that Congress has
There were never in tlie history of our country more heroic
the right to control his property until the restrictions are efforts made to avert or lighten tbe disastrous effects of a panic
than were made in tbe last three months of the year 1907.
removed.
( Mr. OW EN . I am sure that the Senator from Kansas, Mr.
The Secretary of the Treasury deposited in banks of New
^resident, believes that Congress has the right to control my York, and other banks, $70,000,000. Clearing-house certificates
; Property, but the Senator from Kansas is mistaken with regard were issued to about $190,000,000, pay checks were issued by
to it, because if 1 have the right of contract I can give away banks and individuals amounting to $75,000,000, enlargement of
; fljy property.
bank-note circulation took place amounting to $94,000,000, imI want to call the attention of tlie Senator from Montana to [ portations of gold, resulting in an enlarged issue of gold cer-




9




2588

CONGRESSIONAL RECORD— SENATE.

F ebbuaky 27,

functions of money, and these could be added to the $500,000,000
emergency currency without in any way disturbing our mone­
tary system.
If use is made of the Treasury for the solution of the cur­
rency question, it may be again asserted, as it has already been
asserted, that the Government will be put into the banking busi­
ness. The Government is already heavily in the banking busi­
DUTY OF CONGRESS.
ness. It is the custodian of coin and bullion against which it
Mr. President, I believe it is the imperative duty of Congress has issued its warehouse receipts for both gold and silver, and
to provide some means of avoiding or meeting successfully an­ which are known as “ certificates,’' It also has outstanding notes,
other financial panic. There are still traces of the panic or those of 1890, for purchase of silver bullion, and also the green­
1907. While general conditions have improved and hoarded backs, against which the reserve fund of $150,000,000 was pro­
money is again in the usual channels, there is still anxiety ana vided as an earnest of the intention to redeem them in gold
disquiet in financial and industrial circles, and prompt and upon demand. It therefore is in the position of being a depos­
satisfactory action by Congress will be of immense beneht m itory with notes outstanding. It is also a large lender of money.
every part of our country.
This is shown by the $245,000,000 deposited with the national
I do not believe we should at present undertake to reiise
banks throughout the country subject to call, and these deposits
the whole monetary system of the United States. i l i l S 1 .
are nothing more nor less than loans to the banks.
worst possible time to undertake such a task. _ Our unaucuu
Mr. President, I have shown what I am in favor of as re­
system should be reformed when everything is normal ana
gards furnishing an emergency currency. The bill under con­
satisfactory, and not when we have just emerged f ®
sideration, reported by the majority of the Committee on
dangers of a financial revolution. Any vcuT radH a change at
Finance, seeks to provide a currency to meet an emergency like
tliis time might bring serious injury. In the ^ tu r e *:
that which lately occurred. I have great respect for the Sena­
another session of Congress, when Umes are propittou^I b
tors who compose that committee, and, while I agree with the
lieve there should be a revision of our entire monetary system,
minority of the committee, I can not say that the bill, as
I am not in favor of the proposition advocated by some pe
reported by the majority of the committee, if enacted into law,
sons to establish a great central bank 04 ^ a m I t a f ^ O T
would be valueless in time of financial depression, or that it
have in England, France, and Germany Neither am I m ta
would fail to accomplish at least a part of the results for which
of the bill presented by the American Bankers
the chairman so forcibly contended. This bill provides for a
of the bill known as the “ Fowler bill.
^
“ 2 ? Currency
possible issue in emergencies of five hundred millions of
provides for the early retirement of a l l W i f r r e a s u r v notes
„ t n iater period, for the retirement of all Treasury notes, national-bank notes redeemable by the United States in lawful
money upon presentation at the Treasury.
and’ in their stead would provide, under
They are to be issued to any applying association if, in the
for the issue of “ national-bank guaranteed credit notes
through the respective national banks up to the amount of their judgment of the Secretary of the Treasury, business condi­
paid-in capital, and for further issue, if recommended by the tions in the particular locality of the bank demand additional
board of managers of the respective redemption districts. circulation, and for the security of the Government the banks
While there are other obj'ections to this bill, it is such a com­ are required to deposit in the Treasury State bonds, county
plete revision of our monetary system that it is objectionable bonds, municipal bonds, or first-mortgage bonds of any railroad
at this time. I shall not, however, consume time by attempt­ company which has paid dividends of not less than 4 per cent per
annum regularly for a period of not less than five years pre­
ing to discuss these financial measures.
vious to the deposit of the bonds. Some of the important ob­
f iv e hundred m il l io n s of dollars of u n it e d st a t e s n o tes .
jections to the bill are that it relinquishes the sovereign right
The expedient resorted to by the Secretary of the Treasury,
of the United States Government to issue and circulate money.
bv financial institutions, and by individuals to increase tlie
It greatly enlarges the power of national banks, which,
volume of currency in the panic of 1907 furnishes a good
already, under existing law', have the power to take out ad­
object lesson and suggests legislation to authorize additional
ditional circulation in the form of national-bank notes to the
notes to be used in emergencies. I believe that the authorized
amount of hundreds of millions of dollars. It discriminates
issue should be in United States notes instead of nationalagainst United States bonds, and they are not permitted to
bank notes. According to my old-fashioned Democratic belief,
be used as a basis for emergency currency notes, while this
it is the constitutional function of the Government of the
privilege is given to railroad bonds. I do not believe that
United States to issue money to be used by the people. M e
railroad bonds should have this public function, but that United
depend upon the Government and not upon the banks to upStates bonds should have it, and other bonds provided for as
h od our currency, and the bank note has its present value
already referred to by me.
because the United States is behind i t
Therefor in emer­
Tlie requirement as to railroad bonds, mentioned in the
gencies United States notes and not bank notes should be pro­
Aldrich bill, that the railroad issuing them must have paid
vided. Albert Gallatin, who was Secretary of the Treasury
dividends of not less than 4 per cent per annum regularly and
for two terms under Jefferson and also under Madison, said.
continuously on its entire capital stock for a period of not less
The rwht of issuing paper money as currency, like that of issuing
gold and silver coins belongs exclusively to the nation, and can not than five years previous to the deposit of the bonds, discrimi­
nates in favor of the railroads of the East. I know of no rail­
he claimed by any individual.
Thomas Jefferson and Andrew Jackson upheld the doctrine roads in the South that pay dividends as provided in this bill.
that our money should be gold and silver and paper money, There may be such roads, but I have seen no report that indi­
cates such railroads.
issued by the Government.
_
Besides, the Secretary of the Treasury would have great diffi­
To express my views more at length, I am in favor of a bondsecured emergency currency with an interest charge sufficiently culty in determining the value of railroad bonds. Their value
hmh to compel contraction of such issue after the emergency has often fluctuates. The value of nearly all railroad bonds has
“ ed I believe that whenever, in the judgment of the been reduced in the last few months.
Another strong point in opposition to national-hank currency
Secretary of the Treasury, business conditions require it,
he should deposit in national banks and in State banks and being used as emergency currency is national-bank currency
savings banks $500,000,000, or so much thereof as may be can not be successfully employed as emergency currency because
deemed necessary and proper, the deposits to be apportioned it can not be ordered, printed, signed, and placed in circulation
among the several States in accordance with their population, rapidly enough to check or prevent a panic. Panics develop
and the Treasurer of the United States, with the approval of rapidly and quick and decisive action at the beginning of the
the Secretary of the Treasury, may accept as security tor the financial disturbance is absolutely demanded. The Government
deposits United States bonds, State bonds, county or munici­ currency is the best emergency currency, and it should be
pal bonds, and the Secretary of the Treasury shall immeuiateiv printed and stored in large quantities ready to be Issued when
cause to be prepared United States notes to the extent or $59* v Government bonds, State, county, or municipal bonds are pre000.000, and these notes shall possess all the legal qualities seated according to law. This kiud of currency will help to
and be uniform in all respects with United States notes now restore confidence, and I may say in this connection that clear­
outstanding, and each bank receiving deposits shall pay interest ing-house certificates and pay checks issued during the r e c e n t
monthly at the rate of one-half of 1 per cent per month for the panic were viewed as signals of distress, and they disturbed
first six months, and at the rate of three-fourths of 1 per cent confidence and increased tlie alarm and caused lawful money to
thereafter, as set forth in the substitute offered by the Senator be withdrawn from circulation.
Tlie bill under consideration has aroused opposition in van*
from Texas [Mr. B ailey ] for the bill now under consideration.
There are now in circulation $350,000,000 of Treasury notes ous financial circles. A Joint meeting of the council of admlni**
not costing the Government anything and performing all the tration of the American Bankers’ Association and the legist*

tificates amounting to $60,000,000, making an increase in tlie
amount of currency and substitutes for currency amounting to
nearly $500,000,000. This increase of currency and prompt and
courageous action of New York bankers in helping banks that
were assailed stopped the panic and saved the country from a
serious and ruinous crisis.

1908,

CONGRESSIONAL RECORD— SENATE.

The amendment was agreed to.
The next amendment was, in section 4, page 4, line 24, after
the word “ authorized,” to strike out “ and the connections
necessary at or in the navy-yard ” and insert “ to a connection
with the track system of the navy-yard,” so as to make the sec­
tion read:
Sec. 4. That the entire cost and expense of obtaining the necessary

2591

the United States in trust, but on tbe contrary. I call the at­
tention of the Senate to the act of July 1, 1902, page 3, section
21, known as the “ Cherokee allotment a c t: ”

issued by the Dawes Commission shall be c o n ­
an a l l o t t e e t o th e t r a c t o f la n d d e sc r ib e d
and the United States Indian agent for the Union Agency shall,
under tbe direction of the Secretary of the Interior, upon the applica­
tion of the allottee, place him in possession of his allotment, and shall
right of way and the entire cost and expense of constructing the branch remove therefrom all persons objectionable to him, and the acts of the
track herein authorized to a connection with the track system of the Indian agent hereunder shall not be controlled by the writ or process
navy-yard shall he paid and defrayed by the Philadelphia, Baltimore of any court
and Washington Railroad Company, hut the said Philadelphia, Balti­
In other words, this title to the land passes from the Chero­
more and Washington Railroad Company shall not accruire any riparian
rights by reason of the location of said track through public space or kee people, who owned the land, by virtue of the certificates of
through any right of way necessary to be acquired.
allotment, directly to the individual citizen of the United States
A l l o t m e n t c e r tific a te s
c l u s i v e e v i d e n c e o f th e r i g h t o f
th e r e i n ,

who was a member of the late Cherokee tribe of Indians.
Therefore this case is not a parallel at all, and that is the
distinction I am trying to make here. Where the United- States
is a trustee for the title, the United States may defend its posi­
tion as trustee and do whatever is necessary for tbe mainte­
nance of the right of the trustee, and may forbid taxation when
the land is held by the United States as trustee; but when the
United States is not a grantor of the land, where the Cherokee
people were the grantors of this land, it is different. The
Cherokees have owned the land for three-quarters of a century.
They bought that land from the United States and they paid for
S ec r . That where the line as approved by said Commissioners lies it. It was their own. This land was owned by a given number
>
within the bed of any public highway or through any public spare, said of United States citizens, and they, by a contract with tbe
company is hereby given the right to occupy such portion of said high- United States, agreed to distribute among themselves the owners
way or public space as may be approved by said Commissioners, and
w h e r e such approved line crosses private property, the said railroad of that property, and this contract is in the form of statute.
company is hereby authorized to acquire a sufficient right of way not Those people were United States citizens and were not a tribe
e x c e e d in g 66 feet in width by purchase, and in the event that sueh of Indians, because the tribe so called had lost its authority. I
right of way can not be purchased at a price satisfactory to said rail­ call the attention of the Senate to the fact that the Supreme
road company, authority is hereby conferred upon said railroad com­
pany to condemn the land necessary for such right of way, in the man­ Court holds that when a tribe is given citizenship of the United
ner and by the method and processes provided by sections 648 to 663, States as a tribe it ceases to have governmental functions and
both inclusive, of the Revised Statutes relating to the District of Co­ it ceases to be a tribe within the meaning of the law. The
lumbia. which said sections, despite any repeal thereof, are hereby re­
enacted in full force and effect, for the purposes contemplated by this word “ tribe” is then used merely as a convenient designation
act, and are especially enacted to like effect as if the same were incorpo­ for a given number of persons. The old name which they have
rated herein at length: P r o v i d e d , That in every case where an assess­ borne is continued, and because they were once a Cherokee
ment for damages or an award shall have been returned by the ap­
praisers, the company, upon paying into court the amount so assessed tribe they continue to be spoken of as the Cherokee tribe, al­
or awarded, may enter upon and take possession of the land covered though their legal status is absolutely different.
thereby, irrespective of whether exceptions to such assessment or award
Whenever the Cherokee people lost their governmental func­
shall be tiled or not, and any subsequent proceedings shall not inter­
fere with or affect such possession, but shall only affect the amount of tion as a tribe; when they could exercise no dominion over the
compensation to be paid.
membership of that tribe; when they could afford no protection
to the membership of that tribe, and tbe individual owend no al­
The amendment was agreed to.
legiance to the government of the tribe, that tribe was dead as a
Mr. CARTER. I offer the amendment I send to the desk.
The Secretary. At the end of section 4, on page 5, it is pro­ governmental organism, and the citizens of the Cherokee tribe
now owe no allegiance whatever to that so-called tribe. They owe
posed to insert:
their allegiance to the State of Oklahoma. Oklahoma has the
P r o v i d e d , That upon the completion of the branch track herein
authorized and directed to be constructed within the time and in the power of life and death over the members of the late Cherokee
manner herein required, the United States shall pay to the Phila­ tribe of Indians. There is no Cherokee tribe except for con­
delphia, Baltimore and Washington Railroad Company, its successors or
assigns, the sum of $25,000, or so much thereof as may be necessary venience of designation, and there is no membership of that
to reimburse said company for money paid by it for and in securing tribe except as a method of convenient designation. Those
the necessary rights of wav in conformity with this act, and for such people are
the State of Oklahoma, owing their
purpose the sum of $25,000, or so much thereof as may be necessary allegiance tocitizens of o f Oklahoma, and Oklahoma owes them
the State
Is hereby appropriated out of any moneys in the Treasury of the United
the duty of protection, and the duty of protection carries with
States not otherwise appropriated.
it tbe power of protection.
The amendment was agreed to.
All this debate with regard to those people springs from the
The bill was ordered to be engrossed for a third reading,
desire of the officers of the Federal Government to exercise
read the third time, aud passed.
power over those individual members of the late Five Civilized
INDIAN A O IA N B
PPR PR TIO ILL.
Tribes, and to maintain that Bureau of the Government which
Mr. CLAPP. I move that the Senate proceed to the con­ calls for a tremendous appropriation here in this very appro­
sideration of the Indian appropriation bill.
priation bill, hundreds of thousands of dollars to carry on this
The motion was agreed to, and the Senate, as in Committee Bureau of Government in the discharge of the duty of tho
of the Whole, resumed the consideration of the bill (II. R. United States in the first place as trustee to distribute thi$
15219) making appropriations for the current and contingent
property.
^
„
,
J
exiienses of the Indian Department and for fulfilling treaty
It has been ten years, ten long years, since the Choctaws and
stipulations with various Indian tribes for the fiscal year end­ Chickasaws agreed by contract with the United States for the
ing June 30, 1909, and for other purposes.
distribution of this property, and still the people of those
The VICE-PRESID EN T. The pending question is on the former tribes await the settlement of this matter, and hundreds
amendment offered by the junior Senator from Kansas [Mr. of thousands of dollars are being appropriated here now in
Curtis] to the amendment proposed by the Senator from Okla­ this very Indian appropriation bill to carry on this business
homa [Mr. Owen], which will be stated.
not of protecting the Indians, but of protecting Government
The Secretary. Before the words “ civilized tribes” it is employees who find a convenient berth in Oklahoma.
I wish to call attention specifically to the Albert Heff case
Jproposcd to strike out the word “ late.”
Mr. OW EN . Mr. President, the Senator from Kansas [M r ., and to show the important significance of the decision of the
Curtis] in support of his contention that the Albert Heff case Supreme Court, because all of the contention which has been
is of no’ value in the matter before the Senate, quoted the case made here in opposition to this argument which I submit was
of McKay v. Kalyton, at the October term, 1906, 204 United made by the Solicitor-General of the United States, Henry M.
Hoyt, in the Albert Heff case. He argued that the tribe was a
States. In that case it was held:
Tho T'nltod States has retained such control over the allotments to continuing existence. He argued that because a man was a
Indians that except as provided by acts of Congress, controversies in­ member of this tribe tho United States had jurisdiction over
volve- the determination of title to and right to possession of nflian nnotmentJ while the same are hold in trust by tbe Lnited States him.
are not primarily cognizable by any court, State or Pederal (McKay
The court held the contrary, that the Government had no
Kalyton, 204 U. S., p. 458.)
jurisdiction, and said this:
The case referred to by the Senator from Kansas is one
It is said that commerce with the Indian tribes includes commerce
where the land was held in trust by the United States, but in with the members thereof, and Congress having power to regulate com­
merce between the white men and the Indians c o n t i n u e s t o r e t a i n th a t
the easo which I uin now speaking to the title is not held bj
The amendment was agreed to.
The next amendment was, in section 5, page 5, line 10, after
the word “ highway,” to insert “ or public space; ” in line 11,
after the word “ approved,” to strike out “ route” and insert
“ lin e ;” in line 13, after the word “ way,” to insert “ not ex­
ceeding G6 feet in width; ” in line 14, after the word “ that,” to
strike out “ said ” aud insert “ such; ” in line 22, after the word
“ hereby,” to strike out “ continued” and insert “ reenacted;”
on page G line 4, after the word “ to,” to strike out “ said” and
,
insert “ such,” and in line 5, after the word “ and,” to strike
out “ the ” and insert “ a n y ; ” so as to make the section read:







2592

CONGRESSIONAL RECORD— SENATE.

F ebruart 27,

Mr. OWEN. It is not, for the reason that in the Rickert case
the United States was trustee of the title and in this case there
is no trustee of the title. The title to the land which I have in
There was the contention, and what does the Supreme Court Oklahoma as an allottee is in me direct and there is no trustee.
Does the Senator recognize the distinction between a case
say in answer to that contention? They say:
Hut the logic of this argument implies that the United States can where the United States is trustee and where the United States
never release itself from the obligation of guardianship; that so long is not trustee? The distinction is so plain that no man need
as an individual is a n I n d ia n b y d e s c e n t , Congress, although it may
have granted all the rights and privileges of national and therefoie to err therein.
Mr. McCUMBER. I should like to ask the Senator wherein
State citizenship, the benefits and burdens of the Jaws of the state,
may at anv time r e p u d ia te th is a c tio n and r e a ss u m e i ts g u a r d ia n s nip
there is a distinction between the Slsseton and Wahpeton tribes,
and prevent the Indian from enjoying the benefit of the laws of the under the law as it then existed, and the Five Civilized Tribes?
State and release him from obligations of obedience thereto.
Can it
Wherein did one tribe differ from the other? Both had prac­
be that because one has Indian— and only Indian— blood in hi3 veins
he is to be forever one of a special class over whom the General go v­ tically the same grants; both had practically the same laws re­
ernment may in its discretion assume the rights of guardianship whi
lating to their citizenship and the rights and immunities of that
it has once abandoned, and this whether the State or the ind"
citizenship. Then wherein was there a trustee over the Sisseton
self consents? W e th in k th e r e a c h to w h ic h t h i s argument g o e s d em or
tribe different from that over the other tribes?
s t r a t e s t h a t i t is u n so u n d .
Mr. OWEN. I will ask the Senator a question, and that is,
That is the language of the Supreme Court.
But it is said that the Government has provided that t t e ln d m n s ’ whether or not these allotments were made to the United States
in trust for the Wahpeton and Sisseton members?
title shall not be alienated or encumbered for tvvent>-five >eai
Mr. McCUMBER. They were not. It was a direct deed, a
That was in case of a grant from the Government itself, not a
grant from United States citizens owning certain property m patent to the allottees with a restrictive clause in it; nothing
more or less. There was nothing else than the restriction on
common and who were granting the title to themselves d
J
sale.
^
and it is also stipulated that the. grant of
a™
Mr. OWEN. Then the United States is not a trustee In that
the Indian of his interest in tribal or othe* f t ° 0 f $ m cai status of
p
mere property rights, and do not affect-th
Unite'd states, 432) we
case. Is that the Senator’s contention?
the allottees. In. United States u. U ehe
(
protect the lands thus
Mr. McCUMBER, I was simply trying to get the position of
sustained the right of the Government to p i o i e c i
ion_
the Senator, not desiring to take part in the argument at this
allotted and patented from any encumbiance
time. My position is that there was a trusteeship over the per­
In the Rickert case the United States was>t r u s t y t i t l e
In Oklahoma, in the Five Tribes, the U ted States is not son and over the property during that period.
Mr. OWEN. The Senator from Kansas [Mr. Curtis] does
trustee of the title. But these lauds go direct to the* peopIt w ho
not insist upon a trusteeship of the person, I believe.
owned them, who are United States citizen ,
c
member of the community, and the allotment cei tin cate est
Mr. CURTIS. I said the Government is exercising a trust
him with all the right to that land, and he does not even need over the property.
a “ tint As far as I am concerned I should he entirely content
I do not say that the Government is exercising a right over
to abamion the issuance of patents to the lands tn that country. the personal conduct of the individual member of a tribe, so as
W e do not need any of those patents. A patent is merely an evi
to interfere with the police power of the State. But I insist
dence of title. A patent is not title. You may take a patent that, under the law, the Government still controls the property
and put it in the fire and burn it up and the title will remain. until the restriction period has expired, and the Senator from
A patent is merely a piece of paper intended as evidence of title. Oklahoma has an allotment subject to certain restrictions, and
The title itself is vested by virtue of the law, which places the his lands can not be sold for a certain length of time.
right to the property in the hands of the individual and m Ins
Mr. OWEN. The distinction is this: The Wahpeton and Sis­
seton Indians were blanket Indians. In the case of the Wahpe­
ton and Sisseton Sioux the United States was the supervising
The Supreme Court goes on to say in this case:
u n i i f i s unnecessary t o p u r s u e t h i s d i s c u s s i o n f u r t h e r
W e are o f
power. They were aliens, and in this case the citizenship of
the Cherokee Nation, for example, comprised not Indians within
the meaning of the law, but comprised citizens of the United
States, who had the right of contract before they entered into
outside the reach of pme£ *rai”control thus created can not be set aside
the emancipation from I
* cO without thc consent of the individual the contract of July 1, 1902, by the approval of this act of
t
at the instance of the
thls emancipation from Federal control
Congress distributing that so-called “ tribal property,” and
Indian and the State and
a
» fands
has granted to the Indian
being citizens of the United States and being the grantors
is not a®®cted by the fact th t tnc i m
alienation and incumbrance,
themselves to their individual members as grantees, they might
X
A
X
S a t k l u a r T n f c , to turn an interest in tribal or
impose, if you will, a restriction upon the title; but the United
States, having nothing whatever to do with the ownership of
° ‘ M rPl S e n t , In this case, where the tribe by its own act
the property, has no right whatever to impose a condition upon
term in a te the Social compact which bound thei peoph, together
the grantee.
„c a triho whore every single governmental function has de
Mr. CURTIS. Mr. President-----m r t J w h e r e ^ t h e S u e d ‘‘ chief’' is nothing but a clerk
The VICE-PRESIDENT. Does the Senator from Oklahoma
Interior Department, where he has no ex«u tive pewer
yield to the Seuator from Kansas?
whatever except to sign his name to these so-called patents,
Mr. OWEN. Certainly.
w iefe he r i d e subservient by bis salary to the power that
Mr. CURTIS. Did not the Supreme Court in the case of
pays him— I say the proper designation tor_ sucti a tribe Is the
Stevens v. The Cherokee Nation decide that the laud and money
A e T J e
Wbiet. of the tribes were common property, tribal property, and tribal
money?
Mr. OWEN. In the Stevens case, which arose with regard
s 'm r . Curtis] . f e d me whether or
to the constitutionality of an act of Congress providing for the
not the State of Oklahoma has a right to tax these lands,
making up of the rolls of the Cherokee people, the court held
assert that undoubtedly it has t h e r ig h t t o t e x t h o ^ la n d ^ n U
that that act was constitutional. The United States was obliged
withstanding the fact that these United States citizens, called to distribute the property to do away with those old tribal
’ members of the Five Tribes, agreed with the United States be governments.
: fore Oklahoma was established that the land shouldl not be
Mr. CURTIS rose.
taxable. But when a State is established, and when these
/ Mr. OWEN. Allow me to complete my answer. Then I will
Individuals themselves establish the State, and when. t. n v
\
/yield to another question.
\eome members of the State, owing allegiance to the state
The United States in that case was obliged to distribute
Mr. McCUMBER, Mr. President------this property in order to do away with these old tribal govern­
The VICE-PRESIDENT. Does the Senator from Oklahoma
ments. It was the intention of the act of 1S03, in establishing
yield to the Senator from North Dakota?
I the Dawes Commission, to do away with these so-called ” tribal
Mr. OWEN. Certainly,
I governments.” The act of 1S97 did away with their judicial
Mr. McCUMBEIt. I desire to see whether I understand the
> authority, and the act of 1S9.S did away with what remained
Senator. Does he state that the State of Oklahoma has power
to levy a tax before the expiration of the period of restriction! I of the tribal authority; and I think no one is more familiar
with the destructive force of that act than the gentleman
Mr. OWEN. Undoubtedly.
f who drew the act and who now represents here In part the
Mr. McCUMBER. That is his position?
j State of Kansas.
Mr. OWEN. Certainly.
_______
____
Those tribal governments were intended to be destroyed
Mr. McCUMBER. Is not that absolutely overruled in the;
by the Curtis Act, so called, and they were destroyed by the
Rickert case?
power, although it has provided that the Indian shall have the benefit
of and be subject to the civil and criminal laws of the State and shall
be a citizen of the United States, and therefore a citizen of the State.

r

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CONGRESSIONAL RECORD— SENATE.

1908.

2593

Curtis A ct; and as soon as that transpired, being interested /die Senate in discussing that land grant. I only say that it
In those people, I undertook to secure for them full citizenship, was an obvious pretext, and the real purpose of extending the
so that they might be able to defend themselves without being/ tribe, so called, was to maintain this bureau government, against
subject to the supervisory control of the Interior Department; which I now protest.
But more than that, I want to call the attention of the Sen­
and it was done by the act of March 3 ,1 901
ate to the gross absurdity of this proposition. Here is a
Mr. CURTIS. Mr. President------The VICE-PRESIDENT. Does the Senator from Oklahoma community of United States citizens who by their own vote dis­
solved the so-called “ tribe,” and having dissolved the tribe
yield to the Senator from Kansas?
and terminated their social compact that made it a tribe the
* Mr. OWEN. Certainly.
Mr. CURTIS. The Senator admits, does he not, that there United States comes along after two or three years and passes
an act declaring that the tribal life is extended, and proposes
is quite a large amount of property there to be distributed?
/-''M r . OWEN. I admit that there is a large amount of prop- to make me a citizen of the late tribe— a member of an extinct
I erty there yet to be distributed, and the owners of that property Indian tribe. They drag the Cherokee Nation from the cere­
yet to be distributed are citizens of the United States. They are ments of the grave, give it vitality, and make me a member of
not Indians. They do not comprise a tribe of Indians, because it. I earnestly submit such a proposition violates every senti­
tlie true meaning of “ a tribe ” is a community having the power ment of reason and common sense.
The argument shows how preposterous this proposition is,
of government in some degree, and therefore in order to be a
living governmental organism must exercise some control over and how anyone can justify himself in saying that this is a
giving, governmental organism now passes my comprehension. „
Its membership.
Mr. McCUMRER. Mr. President, I do not think that very
Mr. CUItTIS. They still have legislatures and chiefs, do
many of the Senators are wasting a great deal of sympathy
they' not?
/'M r . OWEN. I have already stated that they have chiefs upon the Senator from Oklahoma. I do not think lie needs any.
/appointed by the Secretary of the Interior and a legislature I think he is thoroughly able to take care of himself. Nor do I
I under the same dominating force who do not represent those think that anyone has wasted any sympathy upon the white
I people and whose sentiments are not the sentiments of those men of Oklahoma who still take the name of Indians because
people. They have joined the great army of sinecures, and there may be a sixteenth or a thirty-second amount of Indian
their sympathies are with the salaried class, who have a good blood in their veins. But there is some sympathy in the United
reason to wish to continue for a long time the winding up of States for the full-blood Indians, for the real Indian, and there
affairs in Oklahoma; and it is against that long-continued are a great number of them in the new State of Oklahoma. If
the reports that we get from that section are correct, and the
winding up of affairs in Oklahoma that I am protesting.
The only way they can continue to exercise supervisory con­ report that we get from the special committee that investigated
trol is by maintaining this theory that there is a tribe down in the affairs down in New Mexico is one-tenth of it correct, it
that country, that these dead governments are living govern­ seems to me that sympathy is not in the slightest degree wasted.
It may be possible that we have legislated the Indian out of
mental organisms, and since they are not, since they have no
functions, since their lawrs can not be carried out, since they the control of Congress. If we have done so, then nine-tenths
have no laws, I insist upon it that the word “ la te ” is a proper of the bill which the Senator from Oklahoma is supporting here
description, and I insist upon it, moreover, that It is a highly to-day is a mere nullity, and there is nothing left for Congress
necessary description, unless it is intended by the United States to do except year after year to vote the proper annuities that
to attempt to perpetuate this bureaucratic government in Okla­ shall go to those Indians under previous contracts or under
homa for some period of years longer. Our people desire peace. treaties that were made years ago. That would be the sole
They desire the opportunity to be free, to develop their own function of Congress, so far as it relates to Indian matters,
affairs, and they want to be delivered from this attempted provided they are not the wards of the Government at the
present time. But if we are assuming that they are wards
supervisory control.
There is a case before the Supreme Court which will be de­ ‘of the Government, as every Indian appropriation bill has as­
cided before very long, to determine whether or not this power sumed, notwithstanding any of these laws, it seems to me
can be extended for twenty-five years over those of our citi­ that we are not doing anything so wonderfully ridiculous if
zens who happen to be of a larger measure of Indian blood, we are consistent and declare that they are wards of our
those who are classed as full bloods. W e expect a decision Government for the purpose of protecting their property in­
by the Supreme Court before very long on that question. I, terest, and that is as far as any bill that I know of pro­
for one, have not the slightest doubt that it will be decided poses to go.
that the United States had no right to extend the restrictions « M r . O W EN rose.
Mr. McCUMBER.
Does the Senator wish to ask me a
on these lands in Oklahoma.
question?
Mr. CLAPP. W ill the Senator yield to me for a moment?
The VICE-PRESIDENT.
Does the Senator from North
- Mr. OW EN. Certainly.
Mr. CLAPP. I fully sympathize with the Senator in his gen­ Dakota yield to the Senator from Oklahoma?
Mr. McCUMBER. With pleasure.
eral proposition, but I shall vote for the amendment of the
Senator from Kansas. When we passed the act two years ago — Mr. OWEN. The mere continuance of a policy does not justify
tiiere was some question— I think perhaps the importance of it it. I ask the Senator from North Dakota if he is referring to
was exaggerated— as to the legal effect of discontinuing the the so-called “ restrictions” bill?
Mr. McCUMBER. I refer to that in connection with other
tribal government, with reference to some existing or pretended
land grant. It may have been exaggerated, and I think per­ provisions in the bill. For instance, we are educating those
haps it was. In view of the action of the Senate at that time, people. W e are spending thousands, even millions, of dollars
I should not want in this bill, hi this way, to declare that in the education of those Indians. On what assumption? On
those tribal governments should no longer exist. While in sym­ the assumption that they are the wards of the Government
pathy with the Seuator on the main question, I will vote for and need the assistance and the education which alone the
Government could give them.
the amendment.
Mr. OWEN. Mr. President, the appropriation for the schools
Mr. OWEN. Mr. President, it is true that there was a pre­
text offered for extending the tribal existence of the so-called in Oklahoma, while the State is organizing, I think is justified /
“ Five Civilized Tribes,” and the absurdity of that extension because it goes to the education of white people and not of
the Indian people. The Indians have their own money for their
will appear in a moment.
Here is a community of people who by their own vote dissolve own schools, and have been conducting their own schools abun­
tlm social compact that binds them together. They have no dantly for a long period of time— for seventy-five years.
Mr. McCUMBER. W e all understand that; but the provi­
executive authority; they have no judiciary; they have no legisla­
tive authority; they have no forum in which any law could be sion "of this bill relates to the education of Indians all over
enforced if they should pass one, and they are forbidden to pass the United States who are declared to be citizens just as fully
ftny kind of a law, except a resolution of adjournment, without as the Indians of Oklahoma have been declared to be citizens.
Mr. OWEN. I am in favor of educating the poor whites. I
the approval of the Secretary of the Interior. They have absolutely no power on earth. They do not comprise any organized am in favor of educating anybody who is poor. I do not be­
lieve money can be better expended than for that purpose. But
im m unity in any sense of the word.
It is on account of the so-culled “ land grant of the Missouri. because of sympathy with the person I do not think it wise
Kansas and Texas Railroad that this was extended— a land or just that the Federal Government should invade the rights
rrant which on its face is absolutely preposterous; a land of a State and undertake to take charge of hundreds of thou­
fcrant that no lawyer would for a moment say lmd the slightest sands of people who are citizens of a State and who owe their
vulu* or ulor of right. I am not going to take up the time of allegiance to the State and who will be taken care of by tile

S

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2594

CONGRESSIONAL RECORD— SENATE.

a white man. I have spoiled several young men myself by pen­
sioning them. It will spoil any man when you take away from
him the individual initiative. The chief thing of which the In­
dian has a right to complain is that his self-respect and selfreliance have been taken away from him by this system of gov- j
ernmental support and governmental nursing, which really means ■
the paying of salaries to men who want to have the salaries and j
who are more concerned about the maintenance of such condi­
tions than they are about the welfare of the Indians.
The full bloods in my own country have never been paupers.
They sustain themselves. They were self-supporting always.
They were, self-supporting before Columbus landed on the
shores of this continent, and they have not only supported j
hemselves, but they have educated their children and they
are framed laws that were respectable.
Mr. McCUMBER. Let me add one thing to that. They sup­
ported themselves so long as they had their lands, and from
the moment you robbed them of their lands they have not been
self-supporting, and they never will be. They were able to
support themselves upon their lands before the days of Colum­
bus, before the white man took the land and took the game
from the land. He took the old-fashioned means of the Indian
to gain his livelihood and he tried to make a farmer out of
him and he tried to make a mechanic out of him. He took
to give them.
them to the school some miles distant from here and has been
Mr. McCUMBER. That is true.
trying to make professional men out of them, but it has been
Mr. CLAPP. Still, we are going on expcndmg pubUc moncy
a failure along the whole line. The Indian belongs to the land.
to educate those people, and those funds are piin g
*
You can not separate him from God’s earth. The moment you
dare not distribute them for fear that they will b
e e
.
do separate him from the land you have made a pauper out of
Mr. McCUMBER. I have great doubt myself, Mr. President,
I do not think it him. The moment you take him away from that which for
about making of a real Indian a white man.
thousands and hundreds of thousands of years belonged to
is possible to do so. I have long since come to the conclusion
him, and upon which he had been educated, and where he had
that°the better policy of the United S U t j
tavj^been to
gained all of his inherent characteristics, you take away his
have made the best possible Indian out of them instead of try only means of livelihood.
tag to change their nature and to place them upon a footing
Now, we have learned that, Mr. President, and, having learned
where they can compete with the white man. Thousands upon
it, it seems to me that It is our duty, so far as it is possible,
thousands of generations of inheritance have fitted the white
man to battle with the world against adversity. It has not to hold this last vestige of the Indian’s rights, and that is some
place where he can live. That is what we are attempting to do
fitted the Indian to make the same character of battle. Tou may
find exceptions here and there among the full-blood Indians, but in holding these restrictions, because the moment that you re­
if you place the majority of Indians upon the same footing as lease the land from the restrictions the superior ability of the
white man, his persuasive qualities and his persistency in get­
the white man and say, "H e r e is the world before you; you
have intellect and you have strength; make your way in the ting hold of property, will overcome the resisting mind of the
world as a white man makes his way,” 99 per cent of them will Indian and, like a child, he will finally give away his property.
He will generally ask three or four times what it is really
make a complete failure and become paupers.
History has taught us that. The Government understands worth, in the first instance, but if you hold to him long enough
that to-day as it never has understood it before, and as we take he will sell it for one-tenth of what it is worth. That is the
control of reservation after reservation the Indian is crowded experience we are having all over the country to-day wherever
out
W e remove the restrictions, and the white man becomes we have absolutely separated the Indian from his land or, what
the owner of the land. The Indians of California are now is equivalent to that, have removed the restrictions so that they
comina before us and asking that we buy land again for them, can sell the land.
.
I have stated in arguments heretofore that I am somewhat
where&they can lay their weary heads, and we have got to
buy the land for them and we have got to take care of them doubtful as to whether the amendment which I secured in 190G,
or we have simply to send them to a pauper’s house. W e might extending the restrictions twenty-five years, will be sustained.
just as well face that condition at one time as another. I I hope it will. I can see many reasons why it should be sus­
am speaking of the real Indian. I am not speaking of the white tained. If we should take the general sentiment of the expres­
men" who have some Indian blood in their veins, because such a sions of the courts upon the subject, I would be inclined to
think that that would be their final holding. W e gave the
man can generally take care of himself.
These men still need the protecting arm of the Government. Indian political rights, but by giving him those political rights,
W e have taken from them everything on God’s green earth those rights of citizenship, we did not necessarily release our­
that they owned; we have despoiled them of their fair inher­ selves from the right of control as a guardian over a ward.
I know the Senator takes a different view from that, but I
itance; we have taken their land whenever we wanted it for
want to call attention to this one case that has been referred
the white men; we have given them a mere beggarly allowance
to so often— the Rickert case. Let me give you the law that
and the right to exist; and we have placed over them agents
governed the Rickert case. W e will take section 6 of chapter
and kept them within certain confines, and have been trying
119 of the laws of 1887. That law provided as follow s:
all the time to see if we could not make white men out of
That upon the
of
the patenting of
them.
Now, having failed upon that proposition, we are the lands to said completioneachsaid allotments and of the respective
allottees,
and every member
brought face to face with a condition either to take care of bands or tribes of Indians to whom allotments have been made, shall
these Indians in some way or to turn them over as paupers to have the benefit of and be subject to the laws, both civil and criminal,
of the State or Territory in which they may reside; and no Territory
the several States to take care of them.
shall pass or enforce any law denying any such Indians within its
I am willing, Mr. President, to stretch the law. I might, if jurisdiction the equal protection of the law. And every Indian born
it is possible to do it, take some chances, until the Supreme within the territorial limits of the United States, to whom allotments
made
act
• * is
Court has decided that we have lost the control over them to shall have been to be aunder the provisions of this and is• entitled to
hereby declared
citizen of tbe United States
see if we can not remedy some of the wrongs that have been all the rights, privileges, and immunities of such citizens, etc.
perpetrated against them and still take care of some of their
That is just as broad an application of the law as it would
lands.
be possible to make. This, remember, was in 1887. In 1901
The VICE-PRESID EN T. Does the Senator from North Da­ this same law was extended over the Five Civilized Tribes of
kota yield to the Senator from Oklahoma?
Oklahoma. Thirteen years after that law became effective,
Mr. McCUMBER. Certainly.
and at least ten years after the allotments had been made
Mr. OW EN . Mr. President, the Senator from North Dakota under it, and which allotments, by the very argument of the
/ f failed to enumerate all of the things which had been taken Senator from Oklahoma, made these Indians absolute citizens
a
away from the Indians, and I want to mention a few for his of the United States when the Indian had received his paper
I nv
consideration. The chief thing which has been taken away title with the restrictions upon it, the county of Roberts, id
from the Indian is his self-reliance, his self-respect. That he the State of South Dakota, levied a tax, both personal and
should be treated as a curio and made a pauper of by this sys­ real, a real-estate tax against the land and a personal-prop"
tem of governmental pension will ruin any man. It will ruin erty tax against the personal property of the Indian as well.

State if they should be pauperized in any way. The State of
Oklahoma will take charge of its own poor, and it will educate
its own children.
Mr. McCUMBER. I am not considering the question whether
Oklahoma will educate its own citizens. The Government of
the United States, being unable to grant lands, as it has done to
other States, granted in lieu, I think, $5,000,000 in _ the act
which allowed Oklahoma to come into the Union. This bill is
made up of appropriations for the purpose of educating the
Indians all over the United States. I do not know of more
than one or two reservations, and I am not certain as to those
at the present time, where those Indians are not citizens of the
United States. And yet we are educating them ; we are paying
out money to give them a special education and to prepare
them for what we call “ the white man’s civilization.
Mr. CLAPP. Mr. President—
T .. ^
The VICE-PRESID EN T. Does the Senator from Nortn Da­
kota yield to the Senator from Minnesota?
Mr. McCUMBER. Certainly.
_
+w
Mr. CLAPP. I suggest to the Senator that, while I am tnor
ougbly in sympathy with his argument, he might add tha
are a great many of the pupils for whom we app P
$1,400,000 who have money in the Treasury that we do not care




E ebruaby 27,

\

1908.

CONGRESSIONAL RECORD— SENATE.

Mr. OWEN. Which had been granted to him.
Mr. McCUMBER. Which had been granted to him bv the
Government of the United States.
"Mr. OWEN. Mr. President——
Mr. McCUMBER. I will make it perfectly clear and fair to
the Senator. I will read what the court said. The court knew
of this law, the court knew in that decision that thirteen years
prior to the time of the levy of this tax these people had*been
declared citizens with all the rights and immunities of citizens
of the United States, and yet in that decision in United States
v. Rickert, the court uses this language;

2595

Senator from North Dakota to is that these lands did not be­
long to the United States; they belonged to the people compos­
ing that community, who were at that time citizens of the United
States. They were not at that time a tribe, and while they
acquiesced in a five years’ restriction on the title, which as the
grantors of the title they had a right to do and it is binding
on the grantee, the legal title will remain in the grantee for
that period of time.
Mr. McCUMBER. What title does the Senator claim was
held by the individual Indian before the allotment? Was it a
title in common with all the Indians?
— Mr. OWEN. No.
These Indians are yet wards of the Nation.
Mr. McCUMBER. W as it a tenancy in common or a joint
Mr. OWEN. Mr. President------tenancy, or what was the legal title of the Indian?
Mr. McCUMBER. That is the clear wording of the Supreme
.—Mr. OWEN. It was a title under a social compact existing
Court after these men had been declared to be citizens of the
between these individuals of a peculiar nature that is ordiUnited States.
1narily known as the Indian title.
The VICE-PRESIDENT. Does the Senator from North
Mr. McCUMBER. Y es; and the Indian title, Mr. President,
Dakota yield to the Senator from Oklahoma?
was simply a right of possession subject actually to the control
Mr. McCUMBER. Certainly.
of the Government of the United States.
« -Mr. OWEN. Does the Senator maintain that now those per­
—
— Mr. OWEN. No, Mr. President.
sons who were members of the “ Five Civilized Tribes ” are still
Mr. McCUMBER. No one has ever broadened the Indian
wards?
title into a greater title than that of a mere possessory right
Mr. McCUMBER. For the property which has been granted
so long as the Government saw fit to accord them that right.
them and the protection of that property, yes; absolutely. Now,
/ ’ mr. OWEN. The courts of the United States have held that
let me ask the Senator, does not this decision so stdte, that these
that was a fee title, and it will not do for the Senator from
men had been declared to be citizens? I am giving him the
North Dakota to deny that title. It was practically a fee
language of the Supreme Court of the United States on the sub­
simple given by the treaty of 1835 to these people and later)
je c t It is not my own.
confirmed in other treaties.
Mr. OWEN. Mr. President, even the Supreme Court of the
I Mr. McCUMBER. Could the Indians sell it without the con­
United States may use an inadvertent term. I have already
sent of the Government? Could they alienate it or mortgage it
j agreed with the Senator from North Dakota that where the
un any way without the consent of the Government? If they
United States is trustee of the title, the United States as such
!/could not, then certainly it was not a fee title in that sense.
trustee may defend its right of trustee and prevent such land
t Suppose the tribe had gone out of existence entirely, had been
y jr o m being taxed. But in this case------"7 Mr. McCUMBER. It is but perfectly fair to state, in answer wiped out of existence, what would have become of the lands?
to the Senator, that I do not think it was necessary to use this ; Would they have gone to the heirs of the tribe, or would they
have reverted immediately to the Government?
language in the decision of that case.
( Mr- OWEN. Of course not. In the Albert Heff case the lan­ 1 —Air, OWEN. When you wipe them out, you do not leave
guage itself is absolutely set aside by the Supreme Court in a them any heirs, Mr. President. [Laughter.]
Mr. McCUMBER. I say wipe out the tribe. The Senator is
later decision, which was in point and which went right to the
soul of that matter, and in which they declared that John mistaken. There are very many heirs of those Indian tribes
fth a t are scattered over the United States to-day who are not
Butler was not a ward.
-M r. McCUMBER. I can not agree that they declared he ; members of the tribe and not on the roils. So, the Senator
was not a ward so far as his property rights were concerned. is entirely in error when he says if the tribe is wiped out there
can be no descendants.
They declare that he was subject to the police jurisdiction and
laws of the States, and that we do not deny. They have never — Mr. OWEN. When the Senator made------Mr. McCUMBER. The law of tribal relation is one thing;
-attempted to overrule the cases in which*they tried to make
a clear distinction between the political rights which are the law of descent is entirely another thing. A man might or
granted and those rights of property over which they say they a child might be a descendant from some Indian of that tribe
have control, and have such control because they regard the and have no tribal rights whatever to the property. So, I
deny that proposition of the Senator.
Indian as still the ward of the Government.
..Mr. OWEN. Mr. President, the Senator in wiping out
^ ■^ M r. OWEN. Mr. President------the------The VICE-PRESIDENT. Does the Senator from North Da­
The VICE-PRESIDENT. Does the Senator from North
kota yield to the Senator from Oklahoma?
Dakota yield to the Senator from Oklahoma?
Mr. McCUMBER. Certainly.
Mr. McCUMBER. Certainly; with pleasure.
*'s> Mr. OWEN. Does the Senator from North Dakota say that
j^rMr. OWEN. I thought the Senator in suggesting the wiping
the United States is trustee of au allotment in the Cherokee
out of the so-called Cherokee Indians had supposed them wiped j
Gallon?
tout completely. In his mental supposition, however, he left
Mr. McCUMBER. I say that the Government of the United
'.enough of them apparently to meet my suggestion.
Mates is trustee of every allotment containing a restriction.
Mr. McCUMBER. Not as tribesmen, by any means.
^•"•Mr. OW EN. Whether it is in the contract or not?
/"■■Mr. OWEN. But I understand thoroughly* what the title of
Mr. McCUMBER. It is in the law. The contract is the in­ ' the Cherokee lands is. They were granted all the right that the
strument under which the grant has been made, and that is the United States had. Of course the United States, as a sovereign
aw. If the law declares that the property shall not be sub- power, would be the party to whom the lands would escheat in
to sale for twenty-five years, then I maintain that for case the Indian people, who were on the lands and who owned
\(‘iity-fl\e years that property is not subject to taxation bv them, should leave the country or go away and have no repre­
ao state. If that is not true, then, the very protection that the sentatives.
That, of course, is true.
J
government intended to exercise for the benefit of the Indians a Mr. McCUMBER. That was provided even in the treaty,"!
H absolutely without effect, and the States can come in and, am informed.
01rough a process of tax sale, can deprive the Indian of the *-*Mr. OWEN. N o; it was not provided in the treaty; it was
' ('r. property which the Government itself declared he could written in the patent.
v
aot alienate. In other words, the Senators position leads him
Mr. CURTIS. It was provided in the treaty.
Jo this proposition, that while the Government can say to ^ Mr. OWEN. It was written in the patent.
Bio Indian or to the allottee, if he is a citizen of the United
Mr. CURTIS. It was provided in the treaty also.
Mates, “ You may hold this land with a restriction against , Mr. OWEN. The agreement which was made in the first,
p jo for twenty-five years,” the purchaser at a tax sale will place with these people was that they should have this land
B*ke it free from that restriction imposed upon it by the absolutely; but it is the common practice to write in the face
government. I am not willing to concede that proposition. I of the patent that in case they abandon the land it shall re-1
j*9ieve there is vitality in that restriction, and that1citizenship vert to the Government. That, however, does not diininis
®°es not affect it or lessen its value in any degree.
the quality of the title at all. What I was calling the Senator’
Mr. OWEN. Mr. President------(attention to was that this people, as a community, owned thi
, The VICE-PRESIDENT. Does the Senator from North Da- land; they were citizens of the United States at the time the
<°hi yield to the Senator from Oklahoma?
c
made this agreement; and while they could impose on the titl
Mr. McCUMBER. Certainly.
granted their individual members this condition the T'nito
v 'M r . OWEN. What I have tried to call the attention of the (States has no power to do so.
16




1

2

5

9

6

CONGRESSIONAL RECORD— SENATE.

F e b ru ary 27,
IS

It will be remembered that the court went further than the
Mr. MeCUMBER. W hat I am trying to impress upon the
Senator is the fact that those Indians did not get such a title mere matter of determining that a tax upon that land was in­
to the land as we get by a Government patent to our own valid. It also broadly held that a tax upon the personal prop­
lands— exclusive control over them. The original grant, which erty, upon horses and cattle, was invalid. To be sure it stated
■was practically to the tribe without an allotment, is not such a and used the language that the property had been given them,
fee simple as would go to the individual, and has never been but, as I understand, there was no evidence whatever that this
regarded as such. I f the Indians should as a tribe remove was the identical property— personal property, I refer to now—
entirely over into Mexico and abandon that land, I do not think which passed from the Government, but that it related to any
that they could claim a title or could dispose of it in any of the personal property that was held by the Indians.
Mr. President, I myself believe that in all other matters, as
way and take the proceeds of it. No court has ever decided
that they could; and if they could not, then it follows that well as educational matters, it is proper at least for Con­
they did not have the fee title in the general sense in which gress to assume that the Indian is still the ward of the Govern­
ment, and to be protected. When the Supreme Court of tbe
we use that term.
United States decides that we are in error upon this proposi­
But I was considering the Rickert case and what the court
tion it will be time enough to reverse our policy.
stated. Perhaps the language was not necessary in order to de­
Mr. LODGE. Mr. President, Benjamin Jowetit, the late very
cide that case, but the Supreme Court, in connection with the
law which was before it and which was being tested, did say eminent master of Baliol College at Oxford, in England, once
that, having acquired the right of absolute citizenship, with ail said to a gathering of his students: “ W e are none of us in­
of its privileges and immunities, the State could not tax tnai fallible; we are all likely to make mistakes, even the youngest
of us.” I am never so impressed with a sense of human falli­
real property by making it subject to the laws of the State.
The Supreme Court not only denied that proposition, but it bility as when I am called upon to consider some of these com­
denied it upon the ground— whether necessary or not tear plex and difficult Indian questions about which I feel very
strongly my ignorance.
“ these Indians are yet wards of the nation, in a condition o
This is a proposition to strike out a word which if left in
pupilage or dependency, and have not been discharged from
will have a very important effect upon existing laws of the
that condition.”
United States. I shall not attempt to say anything on the legal
-------Mr. OWEN. Mr. President------. . . . .
.w
Mr. MeCUMBER. Notwithstanding the fact that they de­ propositions which have just been so ably discussed by the
clared and the law declared that they were citizens of the Senator from North Dakota [Mr. M cCumber ], but I am ‘inter­
United States, the Supreme Court declared that they had not ested in maintaining what seems to me a correct principle in
legislation.
been discharged from that wardship. That is the Pr°P0S^ ° a
These Five Civilized Tribes, whether their members have be­
want to make clear. I am not saying that the court wiilniot re­
verse the wording of this decision whenever it shall pass upon come citizens of the United States or not, still exist for certain
purposes as legal entities. They are referred to in the very bill
the amendment to which the Senator M s re fe r r^ and
amendment which, on my motion, was engrafted on the bill some before us repeatedly later on as the Five Civilized Tribes, and
the United States maintains relations to them in that capacity.
two years ago extending tbe period of the restriction.
W hether those relations are limited or not seems to me to have
_
i i r . OW EN . Mr. President------The VICE-PRESID EN T. Does the Senator from North Da­ no bearing upon the question. The resolution read by the Senat ° r Z?0,1 Kansas [Mr. C urtis] appears to me to put it beyond
?1
kota yield to the Senator from Oklahoma?
doubt that the intention of Congress and the intention of existMr. MeCUMBER. Certainly.
.
ng laws was to maintain those certain and limited relations
/ ~Mr. OWEN. I can not feel that the Senator ought to ignore
oward those tribes.
/later decision of the court He is making exactly the
argument which Henry Hoyt, the Solicitor-General, made
Not very long ago an amendment was offered, which I think
Albert Heff case, and which was overruled by the Supreme
is finally adopted, relating to certain lands in New York in
\Court. He is making the exact argument over again,
which the Six Nations had an interest. I do not now recall the
v Mr. MeCUMBER. I do not think, Mr. President, that the precise purpose of the amendment, but it is not of importance
proposition under which my argument is based has been over­ to my argument. The surviving members' of the Six Nations
ruled. I f it had been overruled, there would be no occasion in New York are all citizens of the United States, and I think
whatever for bringing the case before the Supreme Court which the Senator from New York [Mr. D epew ] will confirm me in
the Senator from Oklahoma says will soon be decided. I lie saying that they have been citizens for some generations. But
question has never been squarely passed upon by the court with in that amendment we do not refer to them as the “ late Six
reference to the property. I have tried to make it clear that Nations
or the “ late Iroquois.” W e refer to them as “ tbe
the court had decided that political rights were one thing— in people of the Six Nations,” because it was in that relation the
the Heff case they passed upon that question— and they ha\e United States was connected with them.
declared that property rights are of another character
own ®tate a remnant of an Indian tribe known
that has been decided in another way.
|re- ^ as^Pee-” Dor many years they have had a township
Mr. CURTIS. Mr. President------their own; they are citizens of the State; they are citizens
The VICE-PRESIDENT. Does the Senator from North Da­ of the United States. They are never referred to in our stat­
utes as the ‘ late Mashpee Indians,” but are referred to as “ the
kota yield to the Senator from Kansas?
Mr. MeCUMBER. Certainly.
Mashpee Indians,” merely for convenience of designation In that
Mr. CURTIS. I will state that in the case to which I re­ case, because the*relation of the State to them in the capacity
ferred this morning, reported in 204 United States Supreme of piardian has long since ceased.
Court Reports, the Rickert case is referred to with approval.
The insertion of this word will have the effect, it seems to m^i
y O l r OWEN. I call the attention of the Senator from Kan-V of contradicting our whole course o f legislation. Therefore it
f sas to the fact that the case referred to was a case in which [ is of great importance that such a far-reaching change should
{ the United States held land in trust, which is not the case not be lightly made. I f we are prepared to alter the course of
.with the Five Civilized Tribes.
-J legislation which has been adopted after consideration by CoD*
Mr CURTIS
The Senator is making a distinction without pess, that is one thing and a proposition to be argued on the
a difference. The Supreme Court has repeatedly held that broadest ground, bat to contradict existing legislation or to
the Government does have control of the lands of the Five attempt to overthrow it by the insertion of a word in an appr°'
priation bill seems to me not consonant with the best p r a c t i c e 3
Civilized Tribes.
,
...
Mr. MeCUMBER. I want to follow the language of the of legislation here. It seems to me it would be unwise for tb®
Supreme Court further. A s I have said, I can not imagine why Senate, after this brief discussion, to make such a fundamental
they should use that language unless there was a comietion and far-reaching change in onr laws as they now exist as tm8
that the right of the United States over the property of the would import
Indian had not passed in any degree, because they further say.
The VICE-PRESIDENT. The question is on the amendment
proposed by the Senator from Kansas [Mr. Curtis] to the
T h o s e I n d i a n s a r e y e t w a r d s o f t h e n a t i o n , t o a c o n d i t i o n o f p u p i la g e
o r d e p e n d e n c y , a n d h a v e n o t b e e n d i s c h a r g e d f r o m t h a t c o n d it io n
amendment of the Senator from Oklahoma [Mr. Owen].
T h e y a r e o c c u p y in g t h e s e l a n d s w i t h t h e c o n s e n t a n d a u t h o r i t y o f t h e
i he amendment to the amendment was agreed to.
U n ite d S t a t e s ; a n d th e h o ld in g o f th e m b y th e U n ite d S t a t e s u n d e r th e
Ihe VICE-PRESIDENT. The question recurs on the amend'
act of 1887,
*
*
*
is a p a r t o f t h e n a t io n a l p o lic y b y w h ic h th e
I n d ia n s a r e to be m a in ta in e d a s w e ll a s p r e p a r e d fo r a s s u m in g th e
ment proposed by the Senator from Oklahoma [Mr. O w e x ] ®




h a b its o f c iv iliz e d lif e , a n d u lt im a t e ly th e p r iv ile g e s o f c itiz e n s h ip .
lo
t a x t h e s e l a n d s is t o t a x a n I n s t r u m e n t a l i t y e m p lo y e d b y t h e U n i t e d
S t a t e s f o r t h e b e n e f it a n d c o n t r o l o f t h i s d e p e n d e n t r a c e , a n d t o a c c o m ­
p l i s h b e n e f ic e n t o b j e c t s w i t h r e s p e c t t o a r a c e o f w h i c h t h i s c o u r t h a s
s a id t h a t “ f r o m t h e i r v e r y w e a k n e s s a n d h e l p l e s s n e s s , s o l a r g e l y d u e
to th e c o u r se o f d e a lin g o f th e F e d e r a l G o v e r n m e n t w ith th e m a n d
t h e t r e a t i e s in w h i c h i t h a s b e e n p r o m is e d , t h e r e a r i s e s t h e d u t y o f
p r o t e c t i o n , m id w i t h i t , t h e p o w e r .”

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amended.

The amendment as amended was agreed to.
+
Mr. CLAPP. I ask that the Secretary state that a mendmen *
I rather think its adoption necessitates a further amendment.
The VICE-PRESIDENT. The Secretary will state the

amendment.

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1908.

CONGRESSIONAL RECORD— SENATE.

susceptible of irrigation may be leased for a term not exceeding twenty
years for cultivation under irrigation in the discretion of the Secretary
or the Interior, and he is hereby authorized to perform any and all
acts and to make such rules and regulations as may be necessary for
the purpose of carrying this provision into full force and effect.

to spend the income of a sort of baronial proprietorship, which
I do not think tends to build up or elevate the Indians, or
promises well for their future.
The V ICE-PRESIDENT. The question is on agreeing to the
Mr. TELLER and Mr. SUTHERLAND addressed the Chair. amendment proposed by the Senator from Utah to the amend­
The VICE-PRESIDENT. The Senator from Colorado.
ment of the committee,
Mr. TELLER. I yield to the Senator from Utah.
. Mr. SUTHERLAND, I desire to modify the amendment by
Mr, SUTHERLAND. I move to amend by striking out the inserting, after the word “ Indian,” the words “ of the former
provision as reported by the committee and inserting in lieu Uintah and Uncompahgre Indian reservations in Utah.”
thereof what I send to the desk.
The VICE-PRESIDENT. The question is on agreeing to the
The VICE-PRESIDENT. The Senator from Utah proposes amendment proposed by the Senator from Utah, as modified
an amendment to the amendment, which will be stated.
to the amendment of the committee.
The Secretary. In lieu of the amendment reported in the bill
The amendment to the amendment was agreed to.
by the committee it is proposed to insert:
The amendment as amended was agreed to.
That whenever it shall appear to the satisfaction of the Secretary
The reading of the bill was concluded.
of the Interior that the allotted lands of any Indian are susceptible
Mr. CLAPP. I offer an amendment to be inserted on page 23,
of irrigation and that the allottee is unable to cultivate the same or any after line 5.
1

portion thereof, such lands or such portion thereof may be leased by the
Secretary of the Interior with the consent of the allottee for a period
not exceeding ten years under such rules and regulations as he may
establish.

insert •®ECBETABY‘

page 23, after line 5, it is proposed to

Mr. SUTHERLAND. Mr. President, the amendment as pro­ and^m^n^/mecretary of the Interior be, and he Is hereby, authorized
J
ia fee to the Board of Missions of the
posed by the committee provides that lands allotted to Indians
Church of the United States for certain lands
w aP and used for church purposes, and more partieuart
on the Uintah and Uncompahgre reservations may be leased for inriv
. ®^
C
The
certain purposes for a term not exceeding twenty .years. It will jKlf ^ I° t ed ,as follows:east osoutheast quarter of section 36, town§5*?
ran&. 34
e
f Boise meridian, county of Bingham,
be seen that the power conferred upon the Secretary of the In­
ooptaimng 160 acres, more or less, being part of the
the Fort Hall Indian Reservation: P r o v i d e d ,
terior is without any limitation whatever. It is entirely left to mwS j
At „ ?ai(* P& shall not issue until the Indians of said reservation
tent
his arbitrary discretion. I do not think it is wise policy to au­ shall have given their consent to the grant through their business com­
thorize the Secretary of the Interior to lease any and all allot­ mittee or council in such manner as the Secretary o f the Interior shall
provide.
ments of Indians with or without any reason. I think when­
Mr. HEYBURN. I would call the attention of the Senator
ever an Indian is unable to work upon his own land it is all
right to permit the land, or so much of it as he is unable to cul­ from Minnesota to the fact that I think the amendment should
tivate, to be leased. But I do not believe in any policy which come in after line 13. It applies to the Fort Hall Reservation.
Mr. CLAPP. Very well; change it to line 13.
will permit an Indian who is able to work to sit on a fence and
The amendment was agreed to.
watch a white man work.
Mr. CLAPP. I offer an amendment, to be inserted after
The very object of alloting land to the Indian is to enable
him to become self-supporting, to compel him to go to work, and line 22, on page 23.
The amendment was read and agreed to, as follows:
to put upon him the responsibility of an individual. I think the
amendment does not accomplish that result. Heretofore, so far t
unexpended balance of the appropriation for the survey of the
as I am aware, no such provision as this has ever been passed. Lemhi Reservation, Idaho, in the act approved June 21, 1906, is hereby
made available for the fiscal year ending June 30, 1909.
The amendment which I have suggested goes further than exist­
Mr. CLAPP. I offer an amendment, to be inserted after
ing law. Under existing law the Secretary of the Interior can not
line 6, on page 30.
lease except in cases where the Indian by reason of age or in­
The amendment was read and agreed to, as follows:
capacity can not work. This broadens that provision, and au­
The Secretary of the Interior is hereby authorized to pay to the
thorizes the Secretary to lease the land whenever the Indian
executive committee of the White Earth band of Chippewa Indians,
for any reason is unable to work.
m Minnesota, the sum of $1,000, or so much thereof as may be necesMr. HEYBURN. Mr. President, I hope the Senator from sary, to be expended in the annual celebration of said band to be held
June 14, 1907, out of the funds belonging to said band.
Utah will modify the amendment so as 'to exclude the reserva­
Mr. CLAPP. I offer the amendment I send to the desk, to
tions in Idaho. I have seen some instances of Indian landlord­
ism and white men working for them, and I do not want any of be inserted after line 14, on page 51.
The Secretary. On page 51, after line 14, it is proposed to
that in our country. I do not think the amendment should be
adopted either as it is reported by the committee or as proposed insert:
That there be, and hereby is, appropriated, out of any money in
to be amended. I do not think any amendment should be adopted
Treasury
otherwise appropriated,
sum of $300,000, for
authorizing the Indians or any one for the Indians to lease the fulfillment not certain treaty obligationsthe the Mexican Kickapoo
the
of
to
their homes for a period of either ten or twenty years or any Indians for differences arising out of the stipulations of article 4
of the treaty of June 28, 1862, and for all other differences growing
other number of years.
heretofore made between
As has been stated, the purpose of the allotment of lands in out of any and all treaties and agreements sum of $215,000 shall b«
said Indians and the United States. Said
severalty was to make them homes to live on, so that the In­ paid by the Secretary of the Treasury as authorized and directed by
dians might become the heads of families with permanent resi­ a majority of the members of said Mexican Kickapoo tribe in council
Such
majority
dences ; that they would have the incentive to build their build­ assembled. memberscouncil shall be composed of a heretofore of those
surviving
of said tribe, male and female,
allotted
ings and fences, put out orchards, and improve their land. Now, in Oklahoma. The authorization above mentioned and the proceedings
if they can lease the land to a nonresident, who will perhaps of said council shall be attested by a clerk of the United States dis­
trict
shall be immedi­
raise a crop on the land and never see It, while the Indian lives ately court of the Territory of Arizona. Said sumissued in payment
available, and the indorsement of the warrant
on his income around the suburbs of our cities or where he thereof shall be deemed and shall be a receipt in full for all claims
of every kind whatsoever of the said M
exican Kickapoo Indians against
hiay------the United States, and such authorization to the Secretary of th e
Mr. SUTHERLAND. Mr. President-----Treasury by said Indians as herein provided shall be considered to be
The VICE-PRESIDENT. Does the Senator from Idaho yield and shall be an acceptance of said sum in final settlement of all claims
of every kind whatsoever of the said Mexican Kickapoo Indians against
to the Senator from Utah?
the United States.
Mr. HEYBURN. Certainly.
Mr. GALLINGER. Mr. President, I should like the Senator
Mr. SUTHERLAND. I do not desire to have the amendment
somewhat. Has it been recom­
apply to the Senator’s State if he does not care to have It. I to explain the amendment
am perfectly willing to modify the amendment so that it shall I mended by the Department?
apply only to the Uintah and Uncompahgre reservations in j Sir. CLAPP. No, sir. I was going to state to the Senate
that the Department is opposed to this measure. The Depart­
tJtab.
Mr. HEYBURN. I would not presume to interfere by sug­ ment was opposed to it last session. Last session, if I re­
gestion or otherwise with any legislation that Is confined ta the j member correctly, we put it on the bill in the form of an amendState of any Senator, but where legislation is proposed of a J ment.
Mr. TELLER. Yes.
general character then I must necessarily look at the whole
Mr. CLAPP. And it was lost in conference. A statement
question.
I was about to sav that last season I saw instances where concerning this matter would necessarily be a very long one,
Parties outside of the State in which the reservation was and would go into the history of the tribe. They have a very
ited leased large tracts of Indian lands, and sent people in large claim, as they allege. The committee has gone over it
there who lived in covered wagons and tents to raise a crop of very carefully, and notwithstanding the attitude of the Departbeets They took the crop of beets away, ami the Indians have ! ment. the committee by a majority voted in favor of recombeen living on their bank account ever since, and they do not mending the payment of $215,000 in final settlement of this
learn to raise beets or anything else. They have just learned | claim.




2

6

5

6

CONGRESSIONAL RECORD— SENATE.

F

e b r u a r y

28,

uOUgM V

Mr. FULTON. On page 57, at the end of line 15, I move to
These Indians are known as tlie Kickapoos, and they have
been trying for some time, at least a large number of them, to insert the words:
Including Alaskan Indians.
get into Mexico. Arrangements have been partially made once
or twice whereby they could have secured a large tract of land
Mr. KEAN. Those words have been put in.
in Mexico had the Government not withheld what it owed them.
Mr. CLAPP. That has already been done.
I am speaking now, not of the $215,000, but money which was
Mr. FULTON. I f it has been I am very glad to know it. 3
actually in the Treasury and which we have heretofore voted asked the Senator from Minnesota a while ago.
to them.
...
Mr. CLAPP. I thought at the time the Senator asked me in
They were further embarrassed by the fact that notwith­ reference to another matter.
standing a plain and direct authorization by Congress to seven­
Mr. FULTON. Of course I accept his statement now.
teen of them, I think, to dispose of their allotments in Okla­
Mr. STONE. I propose the amendment I send to the desk.
homa, the permission was withheld, and it was brought again
The Secretary. On page 53, after line 13, it is proposed to
to the attention of Congress. insert:
The Senator from Colorado [Mr. T eller] has given the de­
That contracts by and between persons stricken by the Secretary of
tails of this matter more study than has the chairman of the the Interior from the final rolls of the Five Civilized Tribes and attor­
committee. It is one of ,those cases where perhaps, without neys employed by them to secure their restoration to the rolls be, and
being able to point out specifically the various steps upon winch the same hereby are, when approved by the Secretary of the Interior,
declared valid and enforceable in the event of the restoration of said
the claim is founded, I for one have no hesitation in standing persons to the rolls as against allotted lands or tribal funds of the per­
here and saying that I believe we should pay these Indians this sons so restored to the rolls.
sum of money. My own view would be that we owe them mucn
Mr. KEAN. Let me hear the amendment read again.
more than this, but I believe that this granted to them now
The VICE-PRESIDENT. The amendment will again be read
while their negotiations are pending for land in Mexico w 1
at the request of the Senator from New Jersey.
they want, surrounded by conditions much more congenial to
The Secretary again read the amendment.
them than the conditions of Oklahoma, will enable them to De
Mr. KEAN. I should think this a very dangerous amend­
placed in a position where they will in every way De seir- ment, and I raise the point of order against it. It is general
sustaining. They prefer this. A great many of themi ha e legislation.
been trying for years to get away, insisting that they would
The VICE-PRESIDENT. The Chair is of the opinion that
remain in the United States. As I said before, t^e Senator
the amendment does propose general legislation and is, there­
from Colorado knows all the details. I can only
N
fore, subject to the point of order.
Senate for one that I am thoroughly satisfied that we 0Uoht to
Mr. STONE. The Chair holds it to be subject to the point of
make this settlement with this tribe of Indians.
order?
Mr. GALLINGER. Mr. President, so far as I am concerned,
The VICE-PRESIDENT. The Chair sustains the point of
I do not care to have the time of the Senate consumed unless
order.
the Senator from Colorado wishes to make a statement. I re­
Mr. STONE. I suppose it is subject to the point of order.
called the fact that this matter was before Congress last ses­
I wish to say, however, that it is an amendment which the
sion, and I had an impression that it was voted upon adversely
chairman of the committee and others who are familiar with
in the Senate. The Senator from Minnesota says it was de­
the facts thought ought to be incorporated in the bill. I think
feated in conference. I take the Senator’s word.
Mr. TELLER. I should like to say to the Senator that the the Senator from New Jersey has not looked into it and makes
committee has twice reported this favorably heretofore. This his objection probably without a knowledge of the facts. I
hope he will withdraw the point of order.
is the third time. I do not want to discuss it. It would take
Mr. CLAPP. Mr. President------an hour or two.
.. _
The VICE-PRESIDENT. Does the Senator from Missouri
Mr. GALLINGER. I f this amendment should become law, it
yield to the Senator from Minnesota?
would be a final adjustment with these Indians?
Mr. STONE. I do.
Mr. TELLER. A final adjustment.
t
Mr. CLAPP. The amendment is subject to the point of order,
Mr. GALLINGER. The amendment provides that they shall
no doubt, but the facts are that contracts have been made, and
relinquish all claims against the Government.
Mr TELLER. Everything. I join with the Senator from I understand several people have been placed on the roll as the
Minnesota in saying that I think they would recover if they result of the litigation and the work of counsel. But the Secre­
tary has no authority at present to approve and make those con­
went into court for three or four times this amount. I say
tracts valid. This leaves it entirely with the Secretary of the
that as a lawyer, having examined the case during the last four
Interior. It gives no life or force to the contracts until he does
or five years.
. . . .
......
approve them. But it does give him authority, where he feels
Mr. GALLINGER. They would have rights in court if this
that they have been justly earned, to validate them by his ap­
was denied to them?
proval. While it is subject to the point of order, I think it is a
Mr. TELLER. They need something right now. It is a ques­
proper amendment.
tion of life or death. I shall be content if we can have a vote
Mr. STONE. I will say further to the Senator from New Jer­
on the amendment.
,
. _
sey that about the close of Mr. Hitchcock’s term as Secretary
The VICE-PRESIDENT. The question is on agreeing to the
of the Interior a number of Indians were stricken from the
amendment proposed by the Senator from Minnesota.
roll— it was thought arbitrarily and without good reason. Suits
The amendment was agreed to.
were brought for a number of them iu the courts here in the
Mr. BURKETT. I offer the amendment I send to the desk.
District, and the judgments were in favor of the Indians.
The Secretary. On page 11, after line 2, it is proposed to
Mr. KEAN. I can not help but yield to the persuasive words
insert:
of the Senator from Missouri, and also of my friend from
For the erection of a warehouse for the Indian Service at Omaha,
Nebr on land now owned by the Government of the Tnited States and Minnesota. I will withdraw the point of order/ I think it is
used In part by the Q u a r te r m a s te r - G e n e r a l of the Army and known as bad legislation, nevertheless.
The VICE-PRESIDENT. The Senator from New Jersey
the “ old corral/’ $100,000.
withdraws the point of order. The question is on agreeing to
The amendment was agreed to.
.
Mr. CLARK of Wyoming. I move the adoption of the amend­ the amendment proposed by the Senator from Missouri.
The amendment was agreed to.
^
ment I send to the Clerk's desk.
The Secretary. On page 70, after line 18, it is proposed to / M r . OWEN. On page 54, after line 13, I move to insert the J
ords:
j
insert:

'

That the Secretary of the Interior is hereby authorized to issue to t P r o v i d e d , That the work shall be completed by May 1. 1909.
the Bureau of Catholic Indian Missions a patent for and covering the
The \ ICE-PRESIDENT. The committee amendment at that
following described lands, amounting approximately to .>11 acres, now point in the bill has been stricken out.
>
and for many years reserved and occupied by the said Bureau of
Catholic Indian Missions as an Indian school, to wit: All of the j T Mr. OWEN. After the word “ Interior," on page 54, line 6, J
south half of section 9 lying north of the Big Popoagie River: that f l move to insert those words. I was out of the Chamber a y
part of the west half of the southwest quarter of section 10 west of tthe time the amendment was acted upon,
the Big Popoagie River, and that part of section 16 north of the Big
Mr. CLAPP. I see no objection whatever to the amendment.
Popoagie River; all in township 1 south, range 4 east of the V in
Vu
River meridian, on the Wind River Reservation, in Wyoming: P r o v i d e d ,
The VICE-PRESIDENT. W ill the Senator from Oklahoma
That the said patent shall not issue until the Indians of the said kindly restate his amendment?
reservation have given their consent to the grant through their busi­
ness committee or council in such manner as the Secretary of the In­ ^ M r . OWEN. On page 54, line 6, after the words “ Secretary)
terior shall provide.
of the Interior," insert the words “ said work to be completed/
The amendment was agreed to.

y May 1, 1900.”

/

:




4

1908.

CONGRESSIONAL RECORD— SENATE.

/

Mr. CLAPP. While the Department has not been consulted
on that question, still, as it goes beyond the full term of an­
other session, in which we can further extend the time if we
find it absolutely necessary, I see no objection myself to the
amendment.
Mr. CURTIS. Mr. President, the record will show that Con­
gress has repeatedly tried to enact legislation to compel the
Commission to the Five Civilized Tribes to complete their work,
and I have been heartily in favor of such legislation. W e pro­
vided in the appropriation act of 1904 that the work should be
completed by July, 1905. I would support the Senator’s amend­
ment if he would fix the date July 1, 1909, because we appro­
priate money for the full year. ,
(M r. OWEN. I agree to that.
The VICE-PRESIDENT. The Senator from Oklahoma can
modify his amendment
'Mr. OWEN. I make that modification.}
The VICE-PRESIDENT. The nmAn/lmf
amendment will be stated as
modified.
The Secretary. On page 54, line 6, after the words “ Secre­
tary of the Interior,” insert the words “ Said work to be com­
pleted before July 1, 1909.”
The amendment was agreed to.
Mr. TELLER.
I desire to offer an amendment. I sub­
mitted it this morning. It is simply for printing some rolls.
The VICE-PRESIDENT. The amendment will be stated.
The Secretary.
On page 54, after the amendment just
agreed to, in line 13, insert as a separate paragraph the fol­
lowing :

2

6

5

7

J??1srs. Mars & Mars, his attorneys, and Principal Chief Porter, I am
s
on *kat no records can be located, and the only eviaence that can be produced is now presented in the shape of affidavits
rrom various parties who claim to have some knowledge of the facts
©otained from his books before they were mislaid or destroyed.
,, U therefore becomes simply a matter of faith in the statements of
of
9reek Nation, whose affidavits are presented, and the
“ ™ national council asking for the appropriation of $7,388.94
i
as a compromise in settlement for the claim presented.”
subinitted his claim to the Creek national council, and
as a result °f a compromise on a 50 per cent basis, passed
? was ^Proved by the principal chief on November 4, 1905,
making an appropriation of $<,388.94, which was forwarded to the De­
partment for submission to the President.
*he showing made, the claim being solely supported by affidavits,
r!)fin mDr
m PniinBnen Bot fe? Justlfie4 o that character evidence in
dld
recommending the approval of the act,a and on May 10,of1907 recomdon^on May 1 3
disapprove the act< which was accordingly
(,F n er ^ P^Tis^ saf th? act °f Congress, approved April 20, 1900
i 0t
i tU’
Department has authority (section 11) to pay all
valid claims against the Creek Nation contracted after July 1, 1902,
mit toere is no authority of law for the payment of this claim, and as
t would have no objection to the payment of the amount of the claim
i? 6 .i j o evidence of its justification were furnished, I recommend
r
r/
"Vu,. d?aft submRted by you, which reads :
lhat the Secretary of the Interior be, and he is hereby, authorized
I? paV ” • Drown $7,388.94 from any funds in the Treasury of the
united States to the credit of the Creek Nation,”
be^amended so as to read:
“ That the Secretary of the Interior be, and he is hereby, authorized,
It after investigation he believes such action to be justified, to pay to
W Brown $7,388.94 from any funds in the Treasury of the
.
United States to the credit of the Creek Nation.”
If amended as suggested, I recommend that the draft be enacted into
law.
Respectfully,
Frame Puree,
a™t0 JvX conc

A c tin g S ec reta ry.

That the Secretary of the Treasury and the Secretary of the In­
Mr. OWEN. After the amendment just agreed to I move to )
terior be, and they are hereby, authorized and directed to. Immediately insert the following:
upon the approval of this bill, transmit to the Public Printer either
That the Secretary of the Interior is hereby authorized and directed !
the original or a true and correct copy of the original of each and
every roll of the Choctaw and Chickasaw Indians now in the possession to pay to D. H. Johnson the sum of $3,000, in full of his salary as
j
and custody of either of said Departments, or of any bureau, division, or governor, in accordance with the act of the Chickasaw legislature.
commission thereof or thereunder, prepared by United States officers,
This item has not been reported on by the Department.
agents, or representatives during the years 1830 to 1890, inclusive;
Mr. KEAN. May I ask the Senator from Oklahoma from
and the Public Printer Is hereby directed to, immediately upon the re­
ceipt of said rolls, print 125 copies of same, 25 copies" to be for the what fund it is to be paid?
use of the Department, 50 copies for the use of tbe Senate, and 50 / Mr. OWEN. It is to be paid from the Chickasaw fund for
copies for the use of the House of Representatives, and tbe sum of
$10,000, or so much thereof ns may be necessary, is hereby appro­ service rendered to the Chickasaw Nation in pursuance of an
priated, out of any moneys now in the Treasury of the United States lact of their legislature.
not otherwise appropriated, to pay the expense of printing said rolls.
Mr. KEAN. The amendment does not so provide.
f Mr. OWEN. Mr. President, 1 feel obliged to make a point ’
(fif order against the amendment.
-/
The VICE-PRESIDENT. What is the point of order?
Mr. CURTIS. It is undoubtedly general legislation and
changes existing law.
The VICE-PRESIDENT. The Chair is of the opinion that the
proposed amendment is contrary to the rule, and the Chair sus­
tains the point of order against i t
'S ,
Mr. OWEN. On page 53, after line 13, I move to insert:
f That the Secretary of the Interior be, and is hereby, authorized, if
nfter investigation he believes such action justified, to pay Samuej
[Brown 57,388.94 from any fund In the Treasury of the United States t*
'the credit of the Creek Nation.

I have a report from the Interior Department, recommending
jthis legislation, which I send to the desk.
"
-Mr. KEAN. As I understand the amendment, It provides that
the lm m ent shall ho mink nut of thp fund of the Creek Nation
tnc payment snail be made out or the tuna or tne creek Nation.
The VICE-PRESIDENT. That is the fact The question is
on agreeing to the amendment
The amendment was agreed to.
The VICE-PRESIDENT. What disposition does the Senator
from Oklahoma desire to have made of the communication from
Interior Department?
«
.
Jr. OWEN. I wish to have it sent to the Committee on In-}
n Affairs.

S

x The VICE-PRESIDENT. It will be so referred.
Mr. CURTIS. In view of the fact that the amendment has
been agreed to, I suggest that the report be printed in the
R ecord.
—.
fMr. OWEN. I agree to that.
X
There being no objection, the communication was ordered to
e printed in the Record, as follows:

/

Department op the I nterior,
W a sh in g to n , F e b ru a ry

S6, 1908.

of C o m m i t t e e o n In d ia n A ffa ir s , U n ite d S t a t e s S e n a te .
Sir - I have received, bv vour informal reference, draft of an item of
legislation regarding a claim of Samuel W Grown against the Creek
.
. Nation of Indians, and make the following report thereon.
Samuel W Grown was treasurer of the Creek Nation during the years
I 1884 1S85 188(1 and 1887, and It is represented that during this
J fSod 1 collected $14.409.lfc and paid out $29,30140, leaving a balm
I Shoe due him of $14,803.28. The claim was Investigated by a reprej tentative of the Department, who reported as follows:
” It was presumed that when this claim was presented we might lie
J able to find some trace of the records of the nation duiing the iirue M
r.
llrown was acting as treasurer, but after several conferences with
° D C h a ir m a n




Mr. OWEN. It comes as a matter of course.)
Mr. KEAN. Unless it is so provided, I must make the point
of order on the amendment.
("Mr. OWEN. I will modify the amendment to that effect)
Mr. KEAN. I f the payment is to be made from the Treasury,
it is subject to a point of order.
(M r. OWEN. I will amend it so as to provide that the p a y -}
inents shall he made from the Chickasaw fund.
The VICE-PRESIDENT. The Senator can modify his amend­
ment
Mr. KEAN. Certainly; and I have no objection to it as
modified.
{ Mr. OWEN. I add the words, “ to be paid from the Chickasaw )
fund.
IV
The VICE-PRESIDENT. The question is on agreeing to the
------° V iV T
amendment proposed by the Senator from Oklahoma as modified,
The amendment as modifiea Was agreed to.
^ Mr. OWEN. On page 52, line 3, I move to strike out the"}
words “ reimbursable, to be charged to each lease at the time J
eof its approval, rot to exceed $2.”
The VICE-PRESIDENT. The Chair would suggest that the
amendment of the committee has already been agreed to, and
it would be necessary to reconsider the vote by which it was
adopted.
/ Mr. OWEN. I move a reconsideration of the vote. I was
(out of the Chamber when it came up.
Mr, CLAPP. Mr. President------The VICE-PRESIDENT. Does the Senator from Oklahoma
yield to the Senator from Minnesota?
( Mr. OWEN. With pleasure. )
Mr. CLAPP. The committee considered that matter. This
is work that is done for the particular individuals, and the
committee felt that it was no more than proper that if it should
be done by the Department, instead of their hiring some one
else to do it, they should pay for it. That is the explanation
the committee has to offer for the use of the words. Personally
I should be in favor of its being reimbursable.
The VICE-PRESIDENT. The Senator from Oklahoma moves
to reconsider the vote by which the amendment was agreed to.
Air. CLAPP. It is proper to say that the Senator from
Oklahoma, at the time of the action of the committee, reserved
the right to oppose the amendment in the Senate.
The motion to reconsider was not agreed to.




2858

CONGRESSIONAL RECORD— SENATE.

F ebbuaex 28,

rights of honorably discharged Union soldiers and sailors of the late

Mr. OW EN. I make a point of order against those words', civil and the Spanish wars, as defined and prescribed in sections 2304
arch 1.
i because it is general legislation, and because it proposes on its! and 2305 of the Revised Statutes, as amended by the act of M
face to establish a system of charges against the citizens of- 1901, shall not be abridged: P r o v i d e d f u r t h e r , That the price of said
lands shall be the appraised value thereof, as fixed by the said Commis­
that country which is not authorized by existing law.
~
sion, but settlers under the homestead law who shall reside upon and
The VICE-PRESIDENT. The Chair would suggest that the cultivate the land entered in good faith for the period required by exist­
amendment is not now subject to the point of order. The point ing law shall pay one-third of the appraised value in cash at the time
of entry, and the remainder in five equal annual installments, to be paid
of order may be interposed after the bill reaches the Senate, and one, two, three, •four, and five years, respectively, from and after the
in order to do that the amendment may be reserved when the date of entry, and shall be entitled to a patent for the lands so entered
upon the payment to the local land officers of Baid five annual pay­
bill is reported to the Senate.
1 ments, and in addition thereto the same fees and commissions at the
Mr. OWEN. I reserve the point of order, then, upon that time of commutation or final entry as now provided by law where the
amendment and upon the words “ reimbursable, in each case to price of the land is $1.25 per acre, and no other and further charge
of any kind whatsoever shall be required of such settler to entitle him
be charged to the land involved,” on page 52, line 8.
to a patent for the land covered by his entry: P r o v i d e d , That if any
The VICE-PRESIDENT. It will be necessary to make the entrvman fails to make such payments, or any of them, within the time
stated, all rights in and to the land covered by his or her entry shall at
reservation when the bill comes into the Senate.
once cease, and any payments theretofore made shall be forfeited, and
Mr. HEYBURN. The Senate recently passed a bill creating the entry shall be forfeited and canceled: A n d p r o v id e d , That nothing
a national park out of a part of the Coeur d’Alene Indian in this act shall prevent homestead settlers from commuting their en­
Reservation, and the bill as passed did not include the appro­ tries under section 2301, Revised Statutes, by paying for the land en­
tered the price fixed by said Commission, receiving credit for payments
priation to pay for the land at a dollar and a quarter an previously made: P r o v i d e d , h o w e v e r , That the entryman or owner of
acre. The Department has estimated the land, and I otter as any land Irrigable by any system hereunder constructed under the pro­
an amendment, on page 22, after line 19, in the provisions visions of section 14 of this act shall in addition to the payment re­
quired by section 9 of said act be required to pay for a water right the
affecting the Coeur d’Alene Indians, the bill for t^e
proportionate cost of the construction of said system in not more than
the park and the appropriation for the payment of the inaian . fifteen annual installments, as fixed by the Secretary of the Interior,
the same to be paid at the local land office, and the register and re­
The VICE-PRESIDENT. The amendment will be stated.
ceiver shall be allowed the usual commissions on all moneys paid.
The Secretary. On page 22, after line 19, insert:
“ The entryman of lands to be irrigated by said system shall in addi­

(

That the following subdivisions now embraced in the C<»ur dV
JJgJ?
Indian Reservation in Idaho—to wit, sections 1 2 and 12, townan p
46 north, range 4 west, Boise meridian; sections85 I m u p
4 7 north range 4 west Bo1 e mendian,
S
4Q
range 3
tions 2 y 3, 4, o, o, 7, o, v , lu, ana ai,
T River in said
west, Boise meridian, lying south and west of t
•
townsj,ip 47
township; all of those portions of sections 31;ana ^2 , rownisnip
north raise said township—are reserved and withdrawn_rrom anoiment
3 west, Boise meridian, lying
Yrorail& m t
Joe River in
and settlement and dedicated and set apart as a public paric or Pjeasur^
ing ground f o r the to e tt and
land thus^et
fpart^apublic park except as provided in the following section, shall
he considered trespassers and removed therefrom.
That such public park shall be under the exclusive control of the
Secretary of the Interior, whose duty it shall be, as soon as prac­
ticable to make and publish such regulations as he may deem neces­
sary or proper for the care and management of the same. Such regu­
lations shall provide for the preservation from injury or spoliation of
all timber, mineral deposits, natural curiosities, or wonders within the
nark and their retention in their natural condition. The Secretary
may’ in his discretion, grant leases for building purposes, for terms
not exceeding ten years, of small parcels of ground at such places In
the park as may require the erection of buildings for the accommoda­
tion of visitors; all of the proceeds of such leases and all other reve­
nues that may be derived from any source connected with the park
to be expended under his direction in the management of the same
and the construction of roads and bridle paths therein. He shall pro­
vide a-ainst the wanton destruction of the Ash and game found within
the Dark and against their capture and destruction for the purposes
of merchandise or profit. He shall also cause all persons trespassing
upon the same to be removed therefrom, and generally is authorized
to take all such measures as may be necessary or proper to fully carry
rm the obiects and purposes of this section.
t
Th»re is hereby appropriated, out of any money in the Treasury
n o r o th e r w is e appropriated the sum of $ 8 ,5 8 5 , to be deposited in the
Treasury^ Is partof P fund belonging to the Coeur d’Alene and nonthe
federated tribes of Indians, for their use and benefit, to be distributed
in the manner provided for the funds of said Indians, and no rules
and1 regulations P
shall ever make discrimination between said Indians
and other persons as to the right to enter upon and enjoy the national
rjarif hereby cresitpd
The Secretary may, in his discretion, grant permits for any use of
the national park hereby created or its resources which will not
interfere with the purpose for which it was created or which will
make it more accessible and usable by the public, all of the proceeds
of such permits and all other revenue that may be derived from any
source connected with the park to be expended under his direction in
the management, protection, and improvement of the same.
The VICE-PRESIDENT. The question is on agreeing to the
amendment proposed by the Senator from Idaho.
The amendment was agreed to.
Mr D IXO N . I propose an amendment. I wish to state in
explanation of the amendment that it is a bill which passed the
Senate two months ago, but, owing to the congested condition at
the other end of the Capitol, they have not been able to get
action on it there. It was unanimously reported from the com­
mittee and recommended by the Department, and theie is no
possible objection to it that I know of.
Mr. KEAN. What is the amendment?
Mr. D IXON. It is to amend the old Flathead Reservation
act, opening the Flathead Reservation to settlement, which was
passed four years ago.
The VICE-PRESIDENT. The amendment will be stated.
The Secretary. On page 36, after line 12, insert:

That section 9, chapter 1495, Statutes of the United States of
America, entitled “An act for the survey aD allotment of lands now
d
embraced within the limits of the Flathead Indian Reservation, in the
State of Montana, and the sale and disposal of all surplus lands alter
allotment,” be. and the same is hereby, amended to read as follows;
“ S e c . 9. That said lands shall be opened to settlement and entry by
proclamation of the President, which proclamation shall prescribe the
time when and the manner in which these lands may be settled upon,
occupied, and entered by persons entitled to make entry thereof, and no
person shall be permitted to settle upon, occupy, or enter any of said
lands, except as prescribed in such proclamation: P r o v i d e d , That the

tion to compliance with the homestead laws reclaim at least one-half
of the total irrigable area of his entry for agricultural purposes, and
before receiving patent for the lands co’vered by his entry shall pay the
charges apportioned against such tract. No right to the use of water
shall be disposed of for a tract exceeding 160 acres to any one person,
and the Secretary of the Interior may limit the areas to be entered at
not less than 60 nor more than 160 acres each.
“A failure to make any two payments when due shall render the
entry and water-right application subject to cancellation, with the
forfeiture of all rights under this act, as well as of any moneys paid
thereon. The funds arising hereunder shall be paid into the Treasury
of the United States and be added to the proceeds derived from the
sale of the lands. No right to the use of water for lands in private
ownership shall be sold to any landowner unless he be an actual bona
fide resident on such land or occupant thereof residing in the neigh­
borhood of such land, and no such right shall permanently attach
until all payments therefor are made.
All applicants for water rights under the systems constructed
in pursuance of this act shall be required to pay such annual charges
for operation and maintenance as shall be fixed by the Secretary of the
Interior, and the failure to pay such charges when due shall render
the water-right application and the entry subject to cancellation,
with the forfeiture of all rights under this act as well as of any
moneys already paid thereon.
“ The Secretary of the Interior is hereby authorized to fix the time
for the beginning of such payments and to provide such rules and
regulations in regard thereto as he may deem proper. Upon the can­
cellation of any entry or water-right application, as herein provided,
such lands or water rights may be disposed of under the terms of this
act and at such price and on such conditions as the Secretary of the
Interior may determine, but not less than the cost originally fixed.
“ The land irrigable under the systems herein provided, which is
owned by or has been allotted to Indians in severalty, shall be deemed
to have a right to so much water as may be required to irrigate such
lands without cost to the Indians so long ns the title, legal or equi­
table, remains in said Indians; bnt any such lands leased for a longer
term than three years shall bear their pro rata share of the cost of
the operation and maintenance of the system under which it lies, and
when the Indian title is extinguished such lands shall also bear their
pro rata cost of operation and maintenance, in accordance with tha
laws of Montana.
“W
hen the payments required by this act have been made for the
major part of the lands irrigable under any system, and subject to
charges for construction thereof, the management and operation of such
irrigation works shall pass to the owners of the lands irrigated thereby
to be maintained at their expense under such form of organization ana
under such rules and regulations as may be acceptable to the Secretary
of tho Interior, subject to the provisions hereof for the furnishing of
water rights for the irrigation of Indian lands without cost except for
operation and maintenance.
“A right to the use of water acquired under the provisions of this
act shall be appurtenant to the lands irrigated, and beneficial use shall
the basis, the measure, and the limit of the right.
' lhe Secretary of the Interior is hereby authorized to perform any
and all acts and to make such rules and regulations as may be neces­
sary and proper for the purpose of carrying the provisions of this act
Into full force and effect.”
That section 14 of said act be, and the same Is hereby, amended to
read as follows:
“ Sec. 14. That the proceeds received from the sale of said lands IU
conformity with this act shall be paid into the Treasury of the United
States, and after deducting the expenses of the Commission, of classifica­
tion and sale of lands, and such other incidental expenses as shall have
been necessarily incurred, and expenses of the survey of the land, shall
be expended or paid, as follows : So much thereof as the Secretary of the
Interior may deem advisable in the construction of irrigation systems,
lor the irrigation of the irrigable lands embraced within the limits of
said reservation; one half of the money remaining after the construc­
tion of said irrigation systems to be expended by the Secretary of the
Interior as he may deem advisable for the benefit of said Indians in the
purchase of live stock, farming implements, or the necessary article8
to aid said Indians in farming and stock raising and in the education
and civilization of said Indians, and the remaining half of said money
to be paid to said Indians and persons holding tribal rights on said
reservation, semiannually as the same shall become available, share and
share alike."
The amendment was
Mr. OWEN. I move
pay Dr. G. W. Harkins
ices in the suppression

agreed to.
to insert on page 52, after line 14, "T o
the sum of $634.15 for professional serf*
of smallpox.”

1908.

CONGRESSIONAL RECORD— SENATE.

Mr. KEAN. Out of some fund?
/ Mr. OWEN. It will come out of the funds of the United
States.
The VICE-PRESIDENT. The Secretary will read the
amendment
Mr. GALLINGER. It is not necessary to read the amend­
ment if it is to be paid out of the funds of the United States,
as the Senator says it is. A private claim is not allowable on
an appropriation bill. I make a point of order against the
amendment
Mr. OWEN. I think the point of order is well taken, Mr.)
V President.
The VICE-PRESIDENT, The Chair sustains the point of
order.
The bill was reported to the Senate as amended.
The VICE-PRESIDENT. The question is on concurring in
the amendments made as In Committee of the Whole. The
Chair understands that the Senator from Oklahoma desires to
reserve two amendments.
Mr, OWEN. I wish to reserve the amendment made as in
Committee of the Whole inserting on page 52, line 3, after the
word “ dollars,” the words “ reimbursable, to be charged to
each lease at the time of its approval, not to exceed $2,” and
also on page 52, line 8, inserting the words “ reimbursable, i
each case to be charged to the land involved.”
The VICE-PRESIDENT. Those amendments will be re­
served. The question is on concurring in the amendments made
as in Committee of the Whole aside from those reserved by the
Senator from Oklahoma.
The amendments were concurred in.
( Mr. OWEN. I now make a poiut of order against the re-^
J
(served amendments.

.

2659

BRANCH LIBRARY IN THE DISTRICT OF COLUMBIA.

Mr. GALLINGER. I ask unanimous consent for the present
consideration^ the bill (S. 1476) to authorize the Commission­
ers of the District of Columbia to accept donations of money
and land for the establishment of a branch library in the District
of Columbia, to establish a commission to supervise the erec­
tion of a branch library building in said District, and to provide
for the suitable maintenance of said branch.
The Secretary read the bill, and there being no objection, the
Senate» as in Committee of the Whole, proceeded to its consid­
eration.
Mr. HEYBURN. Mr. President, I have heretofore objected
to the consideration of this bill for the reason that the offer on
the part of Mr. Carnegie to contribute $30,000 toward the con­
struction of this library is accompanied by a condition that at
least $3,000 per year for an indefinite period shall be provided
as a maintenance fund.
I desire that it shall be understood that if the Government
is going to match pennies with Mr. Carnegie it must be pre­
pared to make good. I am on principle opposed to the Govern­
ment of the United States accepting gifts of this kind. I be­
lieve that if we need a library it should be built and the ap­
propriation should be made out of the General Treasury, and
I stand ready to vote for th at; but I am opposed to accepting
a contribution from anyone on condition that the Government
shall forever maintain it at an expense of not less than $3,000
a year.
We are going to accept a burden here of $3,000 a year. Put­
ting it for fifty years— for that is not a very long time— by
accepting this $30,000 as a contribution toward building a
library for the use of the people of the District of Columbia, .
Mr. CLAPP. While I doubt very much whether it is a good we obligate ourselves to pay $150,000 for maintaining it. That
point, in view of the balance of the legislation, as the Senator is the condition stated in the letter. I have seen it and read
from South Carolina [Mr. T i l l m a n ] is anxious to take t h e floor, it, and it is printed in the report of the House committee on
this subject
I will consent to their going out.
With this statement I have no further opposition to make,
The VICE-PRESIDENT. The question is on concurring in
the amendments inserting on page 52, after the word “ dollars,” although I object to such legislation.
Mr. GALLINGER. Mr. President, I will simply say that the
in line 3, the words “ reimbursable, to be charged to each lease
at the time of its approval, not to exceed $2,” and on the same Senator might have extended the time to a thousand years in­
page, in line 8, after the word “ dollars,” inserting " reim­ stead of fifty and made this a much greater burden. It will
cost the Government of the United States $1,500 and the gov­
bursable, In each case to be charged to the land involved.”
ernment of the District of Columbia $1,500 a year. Takoma
The amendments were nonconcurred in.
The amendments were ordered to be engrossed and the bill Park is a thriving community, several miles from the center of
the great city of Washington. The citizens have contributed a
to be read a third time.
very desirable lot on which to erect this library, and they are
The bill was read the third time and passed.
going to get the money precisely as we got the money for our
CHOCTAW-CHICKASAW CITIZENSHIP COURT.
municipal library in Washington. I trust sincerely that there
Mr. TILLMAN. I ask unanimous consent for the immediate may be no very serious opposition to the passage of this bill.
consideration of the resolution which I send to the desk.
The bill was reported to the Senate without amendment, or­
The resolution was read, as follows:
dered to be engrossed for a third reading, read the third time,
W
hereaa there appears In the Congressional R ecord o f February l l , and passed.

1908, at page 1934, in relation to the Choctaw-Chlckasaw citizenship
court, the following statement:
“ It is alleged that the members of that court were bribed and re­
ceived as a consideration for their decisions a part of the fee paid these
attorneys. Counsel for claimants are reliably informed that the Secre­
tary of the Interior now has in his possession positive proof of the
bribery of certain members of that court, said proof setting forth the
amount paid certain members of that court, the time and place the
payments were made, and the manner of the payments. This evidence
has been in the possession of the Secretary of the Interior for more
than three months and yet no investigation, so far as counsel for
claimants have been able to ascertain, has been Inaugurated and no
proceedings have been instituted calculated to bring these guilty persons
before the bar of Justice, although the time in which they can be
criminally prosecuted is rapidly expiring:” Therefore.
R e s o l v e d b y th e S e n a t e , That the Secretary of the Interior be, and he
is hereby, directed to inform the Senate what foundation there is for
such charges, and to transmit to the Senate ail correspondence, affida­
vits, evidence, papers, and Information pertaining or appertaining
thereto.

TREATY WITH MEXICAN KICKAPOO INDIANS.

Mr. BRANDEGEE. I present a statement made before the
subcommittee of the Senate Committee on Indian Affairs Feb­
ruary 13, 1908, relative to the bill (S. 4735) to fulfill treaty
stipulations of the treaty of June 28, 1862, and other treaty
agreements with the Kickapoo Indians. I move that it be
printed as a document.
The motion was agreed to.
EXECUTIVE SESSION.

Mr. CARTER. I move that the Senate proceed to the con­
sideration of executive business.
The motion was agreed to, and the Senate proceeded to the
consideration of executive business. After three minutes spent
in executive session the doors were reopened, and (at 5 o’clock
and 10 minutes p. m.) the Senate adjourned until Monday,
March 2, 1908, at 12 o’clock meridian.

The VICE-PRESIDENT. Is there objection to the present
consideration of the resolution just read?
Mr. WARREN. If I heard the resolution rightly, there is in
the preamble a rather severe arraignment of the Secretary of
the Interior, and I should say a resolution of that kind *had
CONFIRMATIONS.
better lie over,
Executive nominations confirmed by the Senate February 28,
Mr. TILLMAN. It is simply a request for information.
1908.
Mr. W ARREN. That part of it is all right, but if I heard it
aright, there is a statement that he has had this proof in bus
UNITED STATES ATTORNEY,
possession so long, has failed to move, and so forth.
William L. Day, of Ohio, to be United States attorney for the
Mr. TILLMAN. If it were not for that there would be no res­ northern district of Ohio.
olution at all. It is to have the Secretary answer to the Senate
TOSTM ASTERS,
and to the country for this accusation against his official admin­
INDIANA.
istration of the office.
Winfield S. Hunter to be postmaster at Jasper, Dubois
Mr. WARREN. I will ask that the resolution may go over.
County, Ind.
I may want to offer an amendment, to it.
Joseph S. Smith to be postmaster at North Vernon, Jennings
The VICE-PRESIDENT. Objection is made to the present
County, Ind.
consideration of the resolution, and It will go over.







2050

CONGRESSIONAL RECORD— HOUSE.
OHIO.

Frederick G. Withoft to be postmaster at Dayton, Montgom­
ery County, Ohio.
OKLAHOMA.

George W . Ferguson to be postmaster at Watonga, in the
county “of Blaine and State of Oklahoma.
Newton S. Figley to be postmaster at Hastings, Comanche
County, Okla.
Frank McCartney to be postmaster at Nowata, Nowata
County, Okla.
_
,
j . W . Randall to be postmaster at Blackwell, Kay County,
Okla.

PENNSYLVANIA.

Albert Secor to be postmaster at Sheffield, Warren County,
Pa.
Fred S. Trowbridge to be postmaster at Great Bend, Susque­
hanna County, Pa.
SOUTH DAKOTA.

Sarsfield P. Malone to be postmaster at Huron, Beadle County,
S. Dak.

TEXAS.

J. 0 . Brown to be postmaster at Coleman, Coleman County,
Tex.

HOUSE OF REPRESENTATIVES.
F r i d a y , F e b r u a r y 28, 1908.
The House met at 12 o’clock m.
Prayer by the Chaplain, Rev. H e n r y N. C o u d e n , D. D.
The Journal of the proceedings of yesterday was read and
approved.
PAY OP ENLISTED MEN, ETC.

Mr. DALZELL. Mr. Speaker, I submit a privileged report
from the Committee on Rules.
The Clerk read as follows:

The Committee on Roles, to whom was referred the order of the
House, No. 4, have had the same under consideration and herewith
report the same with the recommendation that it be agreed to.
“ O r d e r e d , That during the consideration in Committee of the Whole
House on the state of the Union of the bill making appropriation for
the support of the Army for the fiscal year ending June 30,1909, it
shall be in order to offer and consider, with right of amendment, at the
end of the paragraph relating to pay of enlisted men, the following
provisions: From line 12, page 6, to line 23, page 10.”
Mr. DALZELL. Mr. Speaker, on that I ask the previous
question.
The previous question was ordered.
Mr. DALZELL. Mr. Speaker, the matter in the Army ap­
propriation bill, from line 12 on page 6 to line 23 on page 10,
relates to the increase in the pay of privates and noncommis­
sioned officers. It was stricken out yesterday on a point of
order as being new legislation; but the debate clearly disclosed
that a very large majority of the House were in fa'vor of the
proposition, and the Committee on Rules feel that in repotting
this rule they are simply permitting the Members of the House
to carry out what is their wish in the premises. This is a
unanimous report from the Committee on Rules.
Mr. W ILLIAM S. Mr. Speaker, it is unnecessary to add any­
thing to what the gentleman from Pennsylvania has said. This
is a unanimous report from the Committee on Rules, recom­
mending that the House be given an opportunity to pass upon
this proposition. The right of amendment is reserved in the
rule, and we were of the opinion that it was good legislation;
and although we had some slight objection to that method of
legislating, yet we thought that under the circumstances the end
would justify the means.
,
. ...
Mr. SULZER. Mr. Speaker, just a minute to say I trust this
rule will be adopted. As a member of the Military Affairs Com­
mittee I am very much in favor of this legislation for onr sol­
diers, and I believe the taxpayers of the country generally fa ­
vor at this time an increase in the pay of the enlisted men of
the Army in accordance with the provisions of the Army appiopriation bill which were stricken out on a point of order yester­
day. The adoption of this rule will put back in the bill those
provisions.
Mr. Speaker, I desire to say further that I am very glad, per­
sonally, to bear the gentleman from Pennsylvania [Mr. Dalzell]
inform the House that the Committee on Rules has complied, in
reporting this rule, with the sentiments of a majority, as they
think, of the membership of this House, and I express the hope
that the Committee on Rules will hereafter always comply with
the expressed will of a majority of the Members of the House.
If they only would do this in all cases, we would be able to pass
some legislation most devoutly desired by the great majority of
the people of this country.

F ebruary 28,

The SPEAKER. The question is on agreeing to the reso­
lution.
The resolution was agreed to.

IN
TERNATIO
NAL CONGRESS

ON TUBERCULOSIS.

Mr. FOSTER of Vermont. Mr. Speaker, I ask unanimous con­
sent for the present consideration of Senate concurrent resolu­
tion No. 5.
The SPEAKER. The gentleman from Vermont asks unani­
mous consent for the present consideration of a concurrent
resolution which will be reported by the Clerk.
The Clerk read as follows:

Whereas an International Congress on Tuberculosis will meet in
Washington in September, 1908, the same being the Sixth Interna­
tional Congress on Tuberculosis, and the first to be held in America;
and
Whereas seven of the nine Departments of the Federal Government
have petitioned Congress for the authority and means to participate
In this congress; and
Whereas the governors of twenty-eight States of the United States
have authorized the participation of their several States in this con­
gress; and
Whereas the National Association for the Study and Prevention of
Tuberculosis has provided the necessary means and created a special
committee to secure the participation of voluntary and private interests
in the coming International Congress on Tuberculosis: and
Whereas preceding international congresses occurring in other
countries in the past fifteen years have been held under govern­
mental auspices, and delegates from the United States have par­
ticipated therein as guests' of foreign governments: Therefore be it
R e so lv e d l y th e S en a te ( th e H o u s e o f R e p r e se n ta tiv e s c o n c u rrin g ),
That the Department of State be, and Is hereby, authorized to invite
the Governments of other countries, through their ministries, to send
representatives to the International Congress on Tuberculosis to be
held in Washington, September 21 to October 12, 1908.
Mr. DALZELL. Mr. Speaker, reserving the right to ob­
ject—
Mr. MANN. I wish to make the point of order that we can
not do by concurrent resolution what is proposed to be done
here.
The SPEAKER. The gentleman makes the point of order
that the object desired can not be reached by a concurrent
resolution. It has occurred to the Chair that that is a mat­
ter for the House to determine.
Mr. MANN. Perhaps that is correct, but I think it is a mat­
ter worthy of consideration. A concurrent resolution is a reso­
lution directed solely to matters within the control of the House
and the Senate alone. A joint resolution is a resolution that
requires the approval of the President, or permits, at least, his
disapproval. Here is a proposition by concurrent resolution to
direct the Secretary of State to do something without giving
to the President an opportunity to approve it or disapprove it; in
other words, it is an attempt by concurrent resolution to enact
law.
Now, the universal rule of parliamentary law would provide
that if this action be taken it must be taken in the form of a
joint resolution or bill. It is not merely a matter of discretion
of the House, because it goes to the right of the House by con­
current resolution to direct an officer of the Government to do
something which would have the effect of la w ; and while it is
true that the officer of the Government might not be bound by
the resolution, and while it is undoubtedly true the resolution
would give to the Secretary of State no authority which he docs
not now possess, it seems to me it is subject to a point of order
when you endeavor to do something by concurrent resolution
which the House and Senate have not the power to do.
Mr. TA W N E Y . W ill the gentleman yield for a question?
Mr. MANN. Certainly.
Mr. T A W N E Y. Does the gentleman from Illinois claim that
the House and Senate, acting concurrently, do not have the
power to direct an executive officer to do anything within the
law?
Mr. MANN. They may direct the officer of the law or the
Department of State to report something to Congress, but they
can not by concurrent resolution authorize him to do anything
which the law does not now permit him to do.
Mr. DALZELL. Mr. Speaker, I did not notice the la n g u a g e
of the resolution, but does it mean anything more or less than
sentiment on the part of the two Houses? Is the S e c r e t a r y ot
State “ directed,” or is he simply “ requested,” b y the la n g u a g e
of the resolution?
Mr. MANN. He Is “ authorized.” I take it the very purpose
of the resolution is to base an appropriation upon it. If lllt’
resolution is passed and be law, it is sufficient to base an appr0'
priation upon. I do not know that there is any objection to it
Mr. TA W N E Y . I f that is the case, it certainly s h o u l d b e *
joint resolution— if it authorizes or creates an obligation on tn
part of the United States.
Mr. FOSTER of Vermont. W e are not asking any appropn*'
tion.

I

1908.

h

_________

CONGRESSIONAL RECORD— SENATE.

Mr. Iv^OX. I move that the bill (S. 5367) to amend an act
entitled “An act to authorize the Fayette Bridge Company to
construct a bridge over the Monongahela River, Pennsylvania,
from a point in the borough of Brownsville, Fayette County, to
a point in the borough of West Brownsville, Washington Coun­
t y ,' approved April 23, 1006, be indefinitely postponed.
The motion was agreed to.

Mr. AN KEN Y introduced a bill (S. 5S43) granting an in­
crease of pension to Edward Cornwell, which was read twice
by its title and referred to the Committee on Pensions.
Mr. SMITH introduced a bill (S. 5844) granting an honor­
able discharge to Henry S. Hunter, which was read twice by its
title and referred to the Committee on Military Affairs.
Mr. du PONT introduced a bill (S. 5845) granting a pension
to John C. Ripperger, which was read twice by its title and,
with the accompanying papers, referred to the Committee on
Pensions.

TOMB OF JOHN PAUL JOKES.

Mr. McENERY. I am directed by the Committee on Naval
Affairs, to whom was referred the bill (S. 5434) to provide for
finishing the crypt of the chapel, United States Naval Academy,
Annapolis, Md., as a permanent resting place for the body of
John Paul Jones, to report it favorably without amendment,
and I submit a report thereon. I ask for the present considera­
tion of the bill.
The Secretary read the bill, and there being no objection,
the Senate, as in Committee of the Whole, proceeded to its con­
sideration.
The bill was reported to the Senate without amendment, or­
dered to be engrossed for a third reading, read the third time,
and passed.
COURTS IN ALABAMA.

Mr. BURKETT introduced the following bills, which were
severally read twice by their titles and referred to the Com­
mittee on Pensions:
A bill (S. 5846) granting a pension to Edward D. Satterlee;
A bill (S. 5847) granting an increase of pension to Alfred
Opelt; and
A bill (S. 5848) granting an increase of pension to Elisha
Biggerstaff.
Mr. N EW LANDS introduced a bill (S. 5849) granting an in­
crease of pension to Jeremiah Regan, which was read twice by
its title and, with the accompanying papers, referred to the
I Committee on Pensions.

Mr. CULBERSON. I am directed by the Committee on the
Judiciary, to whom was referred the bill (H. R . 17524) to pro­
vide for circuit and district courts of the United States at
Eotlian, Ala., to report it favorably without amendment.
Mr. JOHNSTON. I ask unanimous consent that the bill be
how considered. It is purely a local measure.
The Secretary read the bill, and there being no objection,
the Senate, as in Committee of the Whole, proceeded to its
consideration.
The bill was reported to the Senate without amendment, or­
dered to a third reading, read the third time, and passed.
BILLS INTRODUCED.

Mr. RAYNER introduced a bill (S, 5850) to appropriate
money for the payment of certain advances made to the United
States by the State of Maryland, which was read twice by its
title and referred to the Committee on Claims.
Mr. BEVERIDGE introduced a bill (S. 5851) granting an
increase of pension to Andrew J. Moore, which was read twice
by its title and, with the accompanying papers, referred to the
Committee on Pensions.
Mr. IIEYBURN introduced a bill (S. 5852) to provide for
town sites in connection with projects under the reclamation act
and for the construction of schools and municipal improve­
ments, and for other purposes, which was read twice by its
title and referred to the Committee on Irrigation and Reclama­
tion of Arid Lands.

Mr. McLATJRIN introduced a bill (S. 5S29) for the relief of
^mily Donnelly, which was read twice by its title and referred
Mr. N EW LANDS introduced a bill (S. 5853) to provide for
to ike Committee on Claims.
Mr. SCOTT introduced a bill (S. 5830) granting an increase the extension of Reno road in the District of Columbia, for the
or pension to Jacob Watson, which was read twice by its assessment of benefits and the award of damages in connection
title and, with accompanying papers, referred to the Com- therewith, and to provide a fund for the cost and expenses of
condemnation proceedings, and for the payment of all judgments
thittee on Pensions.
Ml-. TAYLOR introduced a bill (S. 5831) for the relief of and awards in connection therewith, which was read twice by
Marion B. Patterson, which was read twice U no title iU U W1 1 T . .
A
i
---------------------->
tmvc by its line and, with its title and referred to the Committee on the District of CoJ
U,
U
ine accompanying papers, referred to the Committee on Claims, T1 1
* 1 ™13Mr. BAN KH EAD introduced a bill (S. 5832) for the relief 1/
OWEN introduced a bill (S. 5854) to amend section 3643
of the late firm of Martin, Weakley & Co., which was read I
Revised Statutes and penalize false entries of public i
twice by its title and, with the accompanying papers, referred I money s> which was read wice by its title and referred to the
_
t° the Committee on Claims.
[‘ Committee on the Judiciary.
Mr. KEAN introduced the following bills, which were sever- : Air. SIMMONS introduced a bill (S. 5855) providing for an
fead twice by their titles and referred to the Committee on i additional circuit judge in the fourth judicial circuit, which
“ ublie Buildings and Grounds:
j was read twice by its title and referred to the Committee on
A bill (S. 5833) for the purchase of a site and the erection ! tke Judiciary.
a public building thereon in the city of Plainfield, N. J .; and j Mr. TELLER introduced a joint resolution (S. R. 62) auA kill (S. 5S34) to provide for the enlargement of the post- thorizing and directing the Secretary of W ar to dispose of cerOrnce building at Hoboken, N. J.
Itain obsolete guns, which was read twice by its title and reMr. TILLM AN (by request) introduced a bill
(S. 5835) for Iferred to the Committee on Military Affairs.
° f thf
KoJ)ert Kirk,ey> deceased, which was j
•it twice by its title and referred to the Committee on Claims.
Ar„
................................. ~ .......... .
.
- -i

am endm ents

to

a p p r o p r ia t io n

b il l s .

*rr orTirr^pr * v r .
+
•
+
Mr. b u iH E R L A N D submitted an amendment proposing to

„ Mr- K N O X Introduced a bill (S. 5837) for the refunding of | 5- > I0’
(X
b« Proposed by bun to the legislative, etc.,
“’Obey illegally collected by the United States Treasury De. I o P P ^ r a t le n bin, which was referred to the Committee on ApPartment os excise taxes from the Fort Pitt Gas Compan? Pr?Prl»ti™sA n 1 ?rdered to be prmted.
<
Mr. LODGE submitted an amendment relieving from further
filtsburg, Pa., which was read twice by its title and referred
service July 1, 1908, on account of age, clerk of class 4 em-

u the Committee on Finance
Mr
’ n i,:n / c kcoo\
<
*•
. j ployed at the Naval Observatory, Washington, D. C., etc., in­
crease O f nonJmi? ! | I |
R t ! ,nf a l? ' : tended to be proposed by him to the naval appropriation bill,
its tith n m
u, !!
s
• ’ w ° was 7 ad
Which was referred to the Committee on Naval Affairs and
* uue and, with the accompanying papers, referred to the
. . ,
.
ordered to be printed.
hhmitteo on Pensions.
_
a m e n d m e n t s to o m n ib u s c l a im s b il l .
Air. TELLER introduced a bill (S. 5839) for the relief of
merge W . Wickes, which was road' twice by its title and reMr. GALLINGER submitted an ^amendment intended to be
* * t° the Committee on Indian Affairs.
j proposed by him to House bill 15372, known as the “ omnibus
Mr. CLAY introduced a bill (S. 5S40) to provide for the ex- claims bill,” which was referred to the Committee on Claims
-ksion, improvement, and enlargement of the post-office and and ordered to be printed.
BrtAn.... t. .1 1 .
, . ___ x_1 ..I.
.1
___ j
i
°Urt-house building at Augusta, Ga., which was read twice by
Mr. McENERY submitted an amendment intended to be pro­
,, title and referred to the Committee on Public Buildings and posed by him to House bill 15372, known as the “ omnibus
br°unds.
claims bill,” which was referred to the Committee on Claims
Re also introduced the following bills, which were severally and ordered to be printed.
i,cad twice by their titles and referred to the Committee "
AMENDMENT TO OMNIBUS PENSION BILL.
Uaiius;

, A Dili (S. 5841) for the relief of the estate of George Patten,
Mr. BURROWS submitted an amendment intended to be prok^ceased; and
posed by him to House bill 15653, known as the “ omnibus penA bill (S. 5842) for the relief of the heirs of George Win- sion bill,” which was referred to the Committee on Pensions and
ey, deceased, ~
* ordered to be printed.







2

W)

CONGRESSIONAL RECORD— SENATE.
AMENDMENTS TO FINANCIAL BILL.

Mr. CULBERSON submitted two amendments intended to be
proposed by him to the bill (S. 3023) to amend the national
banking laws, which were ordered to lie on the table and be
printed.
BIGHTS OF W AT THROUGH FOBEST RESERVES.

Mr. ANKENY submitted an amendment intended to be pro­
posed by him to the bill (S. 4170) granting rights of way and
easements for the construction, use, maintenance, and operation
of roads, highways, canals, ditches, reservoirs, telephone and
telegraph lines, and lines for the transmission of electric light
and power within and through forest reserves on the public
lands of the United States, which was referred to the Commit­
tee on Public Lands, and ordered to be printed.
OCEAN MAIL SERVICE.

Mr. SIMMONS submitted an amendment intended to be pro­
posed by him to the bill (S. 28) to amend the act of March 8,
1891, entitled “An act to provide for ocean mail service between
the United States and foreign ports and to promote commerce,’’
which was ordered to lie on the table and be printed.
IMPROVEMENT OF COOSA AND ALABAMA RIVERS.

Mr. BANKHEAD. I ask unanimous consent for the con­
sideration of Senate concurrent resolution No. 42.
The VICE-PRESIDENT. The concurrent resolution will be
read for the information of the Senate.
The concurrent resolution was read, considered by unanimous
consent, and agreed to, as follow s:
R e s o l v e d b y the Senate ( th e H o u s e o f Representatives c o n c u r r i n g ),

That for the purpose of ascertaining the practicability and cost or im­
proving navigation on Coosa and Alabama rivers by means of storage
reservoirs at, near, or above the sites selected for locks and dams Nos.
12, 14, and 15 by cooperation with the Alabama Power Company,
or any other corporation duly organized tinder the laws of the state oi
Alabama, in the development of water power for industrial purposes, the
Secretary of W is hereby authorized to cause a survey to be made
ar
of that portion of Coosa River above and below the sites selected for
locks and dams Nos. 12, 14, and 15, and to submit to Congress
as early as practicable a report giving the results of said survey, in­
cluding plans and estimates of the whole cost of the work and the
proportion thereof which should be borne by the United states; and
that the cost of said survey shall be paid from funds heretofore ap­
propriated for examinations, surveys, and contingencies of rivers and
harbors.
Mr. GALLINGER.
order.

Mr. President, let us have the regular
„
, ,,

The VICE-PRESIDENT.

Concurrent and other resolutions

are in order.
CHOCTAW

AND CHICKASAW INDIAN ROLLS.

Mr. TELLER. I submit a resolution which I ask be re­
ferred to the Select Committee on the Five Civilized Tribes.
The resolution was read and referred to the Select Committee
on the Five Civilized Tribes, as follows:
R e s o l v e d , That the Secretary of the Treasury and the Secretary of
the Interior be. and they are hereby, authorized and directed to, im­
mediately upon the passage of this resolution, transmit to the Public
P r S ^ either the original or a true and correct copy of the original
of each and every roll of the Choctaw and Chickasaw Indians now in
the possession and custody of either of said Departments, or of any
B u division, or commission thereof or thereunder, prepared by
ur^&
United States officers, agents, or representatives during the years 1880
to 1890 inclusive; and the Public Printer is hereby directed, imme­
diately upon the receipt of said rolls, to print 500 copies of the same,
the expenses of printing the said rolls to be paid out of the contingent
fund of the Senate, and immediately upon the completion of the print­
ing of said rolls the original copies shall be returned to the Depart­
ment from which they were received.

SEAL ISLANDS OF ALASKA.

Mr. TELLER submitted the following resolution, which was
considered by unanimous consent and agreed to:
R e s o l v e d That the Secretary of Commerce and Labor be, and he i
berebv directed to furnish, for the information and use of the Senate,
copies of all the reports made by the chief and special agents of the
Department of Commerce and Labor in charge of the Seal Islands o
Alaska during the years 1906 and 1907, and including all report;
made to him by his assistants upon the condition of the fur-seal herd
and the conduct of affairs on said islands.

DISPOSITION OF CHICKASAW FUNDS.

Mr. TILLMAN. I ask for immediate consideration of the
resolution which I send to the desk.
The resolution was read, as follow s:

W
hereas it is alleged that on the 24th day of June, 1905, a grant!
jury of the United States of America duly selected, summoned, iojpaneled, sworn, and charged to inquire fully in and for the body of
the southern district of the Indian Territory in the name and by the
authority of the United States of America did, upon the oaths of the
members thereof, Jind, present, and charge that one D. H Johnsoi
.
one P. S. Mosely, one George M
ansfield, one J. F. M urray, and one
cM
Melvin Cornish, and others to the grand jurors unknown, on certain
days in the year 1902, within the southern district of the said Indian
Territory, did unlawfully and feloniously commit the crime of con­
spiracy to defraud (an offense against the laws of the United States)
by defrauding the Chickasaw Nation out of the sum of $28,876.90, the
exact amounts fraudulently obtained from the Chickasaw Nation and
the exact times and places where and when the said fraudulent trans­
actions occurred being set out in said indictment: and

Maech 2,

Whereas it is alleged that on or about the 15th day of December,
1905, the Attornev-G'eneral of the United States did direct one W B.
.
Johnson, then United States attorney for the southern district of the
Indian Territory, to dismiss, by entering a nolle prosequi in said case,
the said indictment; and
W
hereas it is alleged that the said W B. Johnson refused to dismiss
.
the said indictment as directed by the Attorney-General of the United
States; and
W
hereas it is alleged that the Attorney-General of the United States
on or about the 15th day of January, 1905, removed the said W B.
.
Johnson from office, said removal being by telegraphic communication,
and said removal being based upon the refusal of the said W B. John­
.
son to carry out the directions of the Attorney-General of the United
States; and
W
hereas it is alleged that the said Attorney-General of the United
States did, on or about the 15th day of January, 1905, by telegraphic
communication, reinstate the said W B. Johnson in the office of United
.
States attorney for the southern district of the Indian Territory ; and
W
hereas it Is alleged that the said W B. Johnson refused and con­
.
tinued to refuse to dismiss the said indictment against the said persons
during his term of office; and
W
hereas it is alleged that on or about the 13th day of November,
1907, the Attorney-General of the United States did send a telegram to
the United States'attorney for the southern district of the Indian Ter­
ritory, one George R. W
alker, directing him to “ be sure ” and dismiss
the said indictment against the said persons “ before the Territorial
courts pass out of existence and the creation of the new State;” and
W
hereas it is alleged that on or about the 14th day of November,
1907. the assistant United States attorney for the southern district of
the Indian Territory (the United States attorney being absent at the
time), one James E. Humphrey, did cause an order to be entered upon
the records of the United States court for the southern district of the
Indian Territory, sitting at Ardmore, dismissing the said indictment
with the notation “ by the direction of the Attorney-General of the
United States : ” Therefore be it
R e s o l v e d , That the Attoruey-General of the United States be, and he
is hereby, directed to transmit to the Senate a true and correct copy
of the said indictment, all correspondence of every kind and description
that has passed between the Department and the United States attor­
ney or attorneys and his or their assistant attorney or attorneys for
the southern district of the Indian Territory, and all correspondence of
every kind and description between any officer of the United States
Government and any other person or persons pertaining or appertaining
to said indictment.
That the Attorney-General of the United States be, and he is hereby,
directed to Inform the Senate whv said indictment was dismissed and
whether it is customary for the Attorney-General to interfere with the
prosecution of persons against whom an indictment or indictments have
been returned in the State or Federal courts of the country, and
whether other indictments have been dismissed by direction of the
Attorney-General within the past five years, and if so, what indict­
ments, and the cause therefor.
The VICE-PRESIDENT. Is there objection to the present
consideration of the resolution?
Mr. GALLINGER. It has been submitted this morning?
Mr. TILLMAN. Yes, sir.
Mr. GALLINGER. I think I should like to see it in print.
I will ask that it go over.
The VICE-PRESIDENT. Objection is made, and the resolu­
tion will go over,
PORTSMOUTH, N. H ., HARBOR.

Mr. GALLINGER submitted the following concurrent resolu­
tion, which was referred to the Committee on Commerce:
R e s o lv e d b y t h e S e n a t e ( th e H o u s e o f R e p r e s e n t a t i v e s con curring f
D

That the Secretary of W be, and he is hereby, authorized and di­
ar
rected to cause an examination and survey to be made of Portsm outh
Harbor, in the State of New Hampshire, with a view to obtaining
slack water navigation therein by the construction of a dam, and tv
submit estimates for the same.
RECEIPTS AND DISBURSEMENTS OF PUBLIC MONET.

Mr. OWEN. I submit a resolution, and ask that it be read
and referred to the Committee on Expenditures in the Treasury
Department.
The resolution was read and referred to the Committee on
Expenditures in the Treasury Department, as follows:
R e s o l v e d , That the Secretary of the Treasury be, and he is hereby»
directed to transmit to the Senate the following information :
.
First. A revised statement of Table No. 7, of the Treasurer’s annual
report, entitled “ Receipts and disbursements of each kind of money oh
all accounts at the subtreasury in New York for the fiscal year 1907. j
in which statement all the checks or drafts now included in or relH
resented to be amounts of coins or notes shall be entered in a' separabj
column to show the actual receipts and disbursements of each kivd*
of money, as well as the amounts of checks or drafts received and disj
bursed on all accounts, this statement to be made without delay
transmitted immediately upon completion.
Second. Similarly arranged statements of receipts and disburse]
ments at the Treasury in Washington and at each of the eight sub]
treasuries outside of New York; that is to say, statements revisinl
and correcting Tables Nos. 5, 6, 8, 9, 10, 11, 12, 13, 14, and 15 of thl
Treasurer’s report for 1907.
1
Third. All correspondence with and departmental reports to tyj
Secretary of the Treasury or the Treasurer of the United States "l
1907, and previously from 1884 to 1907, on the subject of entering
amounts of checks or drafts as actual moneys received and disburse**}
in the tables accompanying the annual report of the Treasurer.

Mr. OWEN, I ask that the correspondence I send to tb#j
desk, which is explanatory of the resolution, be printed in t&y
R ecord for the information of the Senate.
m
The VICE-PRESIDENT. The Seuator from Oklahoma ask9
unanimous consent that the matter referred to by him b®
printed in the R ecord without reading. Is there objection •
The Chair hears none, and it is so ordered.

1908.

CONGRESSIONAL RECORD— SENATE.

PARCELS POST AND POSTAL SAVINGS BANKS.
Mr. PENROSE. I offer a resolution providing for the print­
ing of additional copies of certain lulls pending before the
Committee on Post-Offices and Post-Roads, and I ask unanimous
consent for its present consideration.
The resolution was read and considered by unanimous con­
sent, as follows:
R e s o l v e d , That thorn bo printed for the use of the Committee on I’ostOfliees and I'ost-Itoads lo,000 copies each of Senate bills ." 1 5 and
>1
5122 and 3,000 copies each of Senate bills 1234, 4853, and 5508.

2981

the present consideration of Senate bill 2736. Neither bill
will lead to debate.
The Secretary read the bill, and there being no objection,
the Senate, as in Committee of the Whole, proceeded to its
consideration. It proposes to appropriate $50,000 to acquire,
by purchase, condemnation, or otherwise, a site and cause
to be erected thereon a suitable building, including fireproof
vaults, elevators, and heating and ventilating apparatus, for
the use and accommodation of the United States post-office in
the city of Lagrange, (la.
The bill was reported from the Committee on Public Build­
ings and Grounds with an amendment, to add the following:

Mr. CULBERSON. May I ask what committee the resolution
comes from?
Mr. PENROSE. The Committee on Post-Offices and PostThe building shall be unexposed to danger from A by an open space
re
Roads. For the information of the Senator, I will state that of at least 40 feet on each side, including streets and alleys.
these bills relate to the parcels post and postal savings banks.
The amendment was agreed to.
There is very great demand from all over the country for
The bill was reported to the Senate as amended, and the
copies of those measures. The total cost will he less than $500,
amendment was concurred in.
and under the rule the resolution can now be considered.
The bill was ordered to be engrossed for a third reading, read
The VICE-PRESIDENT. The question is on agreeing to the
the third time, and passed.
resolution.
The title was amended so as to read: “A bill to provide for
The resolution was agreed to.
-vj the purchase of a site and the erection of a public building in
INDIAN APPROPRIATION BILL.
\th e city of Lagrange, Ga."
The VICE-PRESIDENT laid before the Senate the action 1
PUBLIC BUILDING AT C0BDEI.E, GA.
of the House of Representatives disagreeing to the amendments
Mr. CLAY. I ask the Senate to consider the other bill to
of the Senate to the bill (II. It. 15219) making appropriations
for the current and contingent expenses of the Indian Depart­ vhieh I referred, which was also passed over at my instance
v-hen reached on the Calendar.
ment, for fulfilling treaty stipulations with various Indian
There being no objection, the bill (S. 2732) to provide for
tribes, and for other purposes, for the fiscal year ending June
lie erection of a public building in the city of Cordele, Ga., was
.50, IPO!), and requesting a conference with the Senate on the
‘
■cad and considered as in Committee of the Whole. It pro­
disagreeing votes of the two Houses thereon.
poses to appropriate $50,000 to acquire, by purchase, condemnaMr. ('LAPP. I move that the Senate insist on its amend­
ion, or otherwise, a site and cause to be erected thereon a suitments and agree to the request of the House, the conferees
ible building, including fireproof vaults, elevators, and heating
on the part of the Senate to he appointed by the Chair.
The motion was agreed to, and the Vice-President appointed and ventilating apparatus, for the use and accommodation of
the United States post-office in the city of Cordele, Ga.
Mr. Clapp, Mr. M cC umber, and Mr. O wen , the confer
The bill was reported from the Committee on Public Build­
the part of the Senate.
ings and Grounds with an amendment, to add at the end of the
HOUSE BILLS AND JOINT RESOLUTION REFERRED.
bill the following:
The following hills were severally read twice by tiieir titles,
The building shall be unexposed to danger from fire by an open space
and referred to the Committee on Commerce:
of at least 40 feet on each side, including streets and alleys.
H. R. 15144. An act extending the time for the construction
The amendment was agreed to.
of a dam across Rainy River;
The bill was reported to the Senate as amended, and the
H. R. 1(1073. An act to authorize the town of Edgecouib. Lin­
coln County, Me., to maintain a free bridge across tide waters; amendment was concurred in.
The bill was ordered to be engrossed for a third reading,
and
II. R. 10749. An act to amend an act entitled “An act to au­ read the third time, and passed.
The title was amended so as to read: “A bill to provide for
thorize the const ruction of a bridge across the Monongabela
the purchase of a site and the erection of a public building iu
River in the State of Pennsylvania by the Liberty Bridge
the city of Cordele, Ga."
Compauy.” approved March 2, 1907.
OCEAN MAIL SERVICE.
H. R. 15841. An act to amend section 48PG of the Revised
Statutes, was read twice by its title and referred to the Com­
mittee on Patents.
H .R . 10874. An act to amend section 13 of an act entitled
“An act to divide the State of Texas into four judicial districts,"
approved March 11. 1902, was read twice by its title, and re­
ferred to the Committee on the Judiciary.
H. J. Res. 101. Joint resolution authorizing the Secretary of
War to secure a suitable design for a statue of the late Com­
modore John I). Sloat at Monterey, Cal., was read twice by its
title, and referred to the Committee on the Library.
INDIAN APPROPRIATION BILL.
Mr. DIXON submitted the following resolution, which was
considered by unanimous consent and agreed to :
Henolted, That the Senate conferees on II. R . 15219. ‘ An act mak­

ing appropriations for the current and contingent expenses of the In­
dian Department," etc., are hereby instructed to insert on page 3<,
line 15, after the word " dollars," the following; “ the same to be im
taedlately available."
ADJOURNMENT TO MONDAY.
Mr. HALE. I move that when the Senate adjourns to-day
it be to meet on Monday next.
The motion was agreed to.
AMENDMENT OF NATIONAL BANKING LAWS.
Mr. CLARKE of Arkansas. I wish to give notice that im­
mediately after the close of the morning business on Wednes­
day, next I will address the Senate on wliat is known as the
“Aldrich bill,” if it shall not at that time be engaged In more
important business.
PUBLIC BUILDING AT LAGRANGE, GA.
Mr. CLAY. The bill (S. 27:50) to provide for the erection
Iding in *---------° f a public building ... the city of Lagrange, La., and ,the bill
„ ... . . . .
,,,
<8. 2732) to provide for the erection of a public buildup n
the city of Cordele, Ga., wore, when reached on the Calendar,
Dassed over at my instance. 1 ask unanimous consent for




Mr. FRYE. The Senator from New Hampshire [Air. Galwho is absent on a sad errand, called my attention to
the fact that the bill (S. 28) to amend the act of March 3,1891,
relating to ocean mail service, was by unanimous consent to be
considered yesterday morning. O f course it could not receive
consideration yesterday morning, and he requested me to ask
that it might be brought before the Senate this morning; but
the Senator from New York [Mr. D kpew] has given notice that
at this time he would desire to occupy the floor with his speech
on the currency question.
.
I ask unanimous consent that on Tuesday morning this bill
may be taken up immediately after the routine business for
consideration.
„
.
.
The VICE-PRESIDENT. The Senator from Maine asks
unanimous consent that the unanimous-consent agreement here­
tofore made with regard to the bill mentioned be modified, and
that the bill be taken up for consideration immediately after
the close of the routine morning business on Tuesday, March 10.
linger],

1 M r'TE LLE R . Will that interfere with the financial bill? I
do*not want to have that interfered with.
Mr FRYE. It is to be taken up only immediately after the
romiue business. Of course, at 2 o'clock the currency bill will
be the unfinished business.
, ^
Mr. TELLER. I believe we have bad notice given of a
siK*ecii to lie made on Tuesday.
Mr. BEVERIDGE. At 2 o'clock is the notice.
M r FRYE. At 2 o'clock on that day.
Mr. TELLER. Very well.
The VICE-PRESIDENT. Without objection, it is so ordered,
AMENDMENT OF NATIONAL BANKING LAWS.
Mr. DEPEW rose.
The VICE-PRESIDENT,
the unfinished business,

The Chair lays before the Senate




2962

CONGRESSIONAL RECORD— SENATE.

There being no objection, the Senate, as in Committee of the
Whole, resumed the consideration of the bill (S. 3023) to amend
the national banking laws.
Mr. D EPEW . Mr. President, Presidents, Secretaries of the
Treasury, and Comptrollers of the Currency have for many
years seen the defects in our banking system and urged legisla­
tion. Eminent bankers, both at home and abroad, have taken
the same view. For various reasons Congress has failed to act
or even to seriously consider any of these suggestions. The
legislative body is always conservative, at least in the sense that
it never acts until there is a strong public pressure behind.
Legislation may at times seem radical, but it is always because
the representatives believe such measures properly interpret and
put in force the popular will.
, .
_
W e have had several disastrous panics, the most noted oemg
those of 1837, 1857, 1873, 1S93 and 1907.
Ail but the last became subjects of rancorous party discus
sion, and there was no agreement at the times of their occur­
rence as to the causes of their happening
But now contem­
porary opinion with great unanimity puts the blame upon ou
system of banking and currency and demands action and
medial legislation.
Under the delicate system of credit upon which the commer
cial transactions of the world are now based there will ia \ ay
\
be panics. They may come from wars or ™“ / l "
O! ,
T
struction of property by earthquakes
fire or
.. ..
speculating, resulting in the bankruptcy of financial “ s\ tu^ er:
succeeded by loss of confidence. Thesepanics occur
y
one of the great industrial countries. They h a p p e n ^ W
u
fPHiinnv Austria Italy and France, but less frequently m
Prance because the French are the most con serv»h «
least speculative of all peoples. They a n a ttriftyn atlon ^ot
savers and investors, and not o f expM ters and Pro“ oter!'t * :l
lose capital, as they did in the Panama Canal, to the extent or
hundreds of millions, but it is taken out of their stockings and
not out of their business. While these financial and industrial
disasters are common to manufacturing, producing and trading
nations, they never imperil the whole structure of trade and
finance in other countries as they do with us. They never lead
to such stringency of money and phenomenal rates of interest.
The rate of W e s t marks the price which business pays for
capital As it advances new enterprises stop, production is cur­
tailed and industries shut down, until finally, if money must be
had at prices which necessitate great and continuing losses, the
whole community is involved, capital and labor are both tem­
porarily out of employment, with bankruptcy for the one and
starvation or reliance upon charity for the other.
The United States is the greatest creator of wealth of a
countries and its productiveness is almost as great as that of all
other S o n s who might be deemed its rivals combined A financ al p S c with us leaves the field strewn with the dead and
wounded^ but our enormous possibilities for the creation of
wealth speedily bring back prosperous times. The new and
eager S u i t s ' and contestants for fortune fail to remember
those who have fallen in the battle and take little heed of the
lessons of the catastrophe. W ith our people so keen upon busi­
ness propositions, with our agricultural and mineral produc­
tion throwing the balance of trade in our favor e\ery year,
with our gold reserve kept at a higher average than that o
any other nation, because it flows in to us to pay the mteiLfinr.nl balances which are due, these recurring disasters, so
“ S
and so terrible, must be caused by deficiency some,;
our system. W e have a larger per capita currency
S n anv other com tiy in Europe except France, and yet
than any ot
„ |,ecn f or months commanding a

or

T e S m a n d nTOe of oS? pantos goid was raised to 2=0 per
e m f The German, Freuch and English financiers say such
eonaitio?s are Sp ossib le with them They are
C
■
the oninion that their safety and our peril are Decause uiey
possess central banks with power to
ne ^ e^ ° 7 i s Ca n T S u
while our currency is rigid and inelastic, and there is and can
be no unity of action among our 6,G O mdepemk
O
> . •
There have been efforts made in this discussion
fnr
place the blame for this panic. It furnishes a fine field for
partisan attack, but a calm and judicial review
*
... ‘
will develop many and sufficient reasons which are neiui
1
litical, personal nor partisan. Undoubtedly the large and con­
tinuing increase year by year in the production of gold, wincn .
the universal standard of value, deranges calculations and ex­
changes. The figures of this increase for th e ja st
are
startling. The world’s production of gold was $7,000,000 m 1(00,
812,000,000 in 1800, $202,000,000 in 1000 and $425,000,000 in 1907.
This shows that while in the hundred years from 1700 to 1800
the increase was only five millions, in the hundred years from

H aech 6,

1800 to 1900 It was two hundred and fifty millions and in tho
short period of seven years from 1900 to 1907 it was one hundred
and sixty-three millions.
While according to Lord Cromer $150,000,000 are buried in
the ground by the Egyptians, who are universally money hoard­
ers, and a large sum used in the arts, the amount available for
currency is constantly and rapidly increasing. The RussoJapanese war and the San Francisco earthquake and fire
burned up and destroyed a very appreciable percentage of the
capital of the world. Industrial expansion, the consolidation
of industries into strong and unified corporations with increas­
ing productive power and requiring more money, great enter­
prises by governments and by corporations, the requirements
of the railways caused by the increase in traffic, and amounting
within the last year to a thousand millions of dollars, have
locked up immense amounts of capital otherwise fluid into
permanent investments. The railroad companies tried to raise
in round figures $1,(500,000,000, but could sell only a small por­
tion of their 4 per cent bonds, and including what they obtained
by the Issue of short-term notes carrying 6, 7, and 7$ per cent
interest, were able to borrow only $960,000,000, or about twothirds of their immediate practical needs. The industrials were
having such prosperity that they needed about $600,000,000, and
nearly two-thirds* of the sum were secured by the stronger
concerns at exorbitant interest, but those which failed to get
the money for their capital requirements were forced into the
hands of receivers. The tremendous volume of our internal
commerce, the feverish activity of our manufacturers and the
active demand and high prices for the food products of the
West and Northwest, and for the cotton of the South, and for
our coal, iron, copper, gold and silver, expanded our credit until
probably at the time our trouble began 98 per cent of our busi­
ness was being done by credit agencies and not more than 2
per cent with currency.
When the annual demand came for $300,000,000 of reserve
money to be taken from the banks in the central reserve cities
to the West and South to move the crops, it called for a cur­
tailment of over $1,200,000,000 in credits and the calling
of loans to meet this demand. If we had a central bank
or if there was by some Government agency concerted ac­
tion among our 6,600 national banks our affairs would never
have reached this perilous condition.
In Germany, for in­
stance, the commercial paper of all banks in the Empire
would have been indorsed by the banks which had discounted
it and, being rediscounted in the central bank, have been the
basis for currency to meet the demand and tide over the crisis
without endangering the whole manufacturing and commer­
cial fabric. But we have a currency which we can not expand,
except by processes too slow to do any good, and which can not
contract when the demand for currency relaxes. W e have to
maintain a national debt to have any currency, and we have to
retain our present system to furnish a market for Government
bonds in national emergencies at a rate which makes them
from 15 to 25 per cent higher on the same interest charge than
those of any other country.
There is no doubt that hasty and ill-considered legislation in
many States had much to do with the panic. One-seventh of
the wealth of the United States is invested in railroads. A very
large amount of the securities upon which business is done '3
based upon these securities. There are many thousands of mil*
road freight rates in force at the same time, and they are fre­
quently changed according to the necessities of competition or
of the traffic. Whether a reduction of rates will be confisca­
tory or not can only be ascertained by an investigation and tho
testimony of experts. This is thoroughly understood by the in­
vesting public, both in this country and in liirope. Rate-reduc­
tion bills were passed in many legislatures without reference to
committees, without discussion, and with a whoop-la cry of “ Hi*
them again; they have no friends.” The machinery of t^e
Mauretania or Lusitania is as complex as a watch. Any man
could throw a crowbar into it and produce derangements which
might jeopardize the safety of the ship, or do damage which
would require experts and time and money to repair. Gov erne
Hughes stated the true principle of the treatment of rates when,
having advised and secured from the legislature the creatio
of public utilities commissions with full power, he courageously
vetoed a 2-cent fare bill, which had been unanimously pasSe .
on the ground that until those commissions had investigate
and reported neither the Governor nor the legislature had any
information upon which to base intelligent action affecting t
securities owned by millions of investors and the employme
and wages of millions of men.
*
Much has been said here and everywhere against W all stre*
and sometimes New York is made Interchangeable with «

*
1

1908.

CONGRESSIONAL RECORD— SENATE.

3033

praying for the enactment of legislation providing for the con­ “An act to define and punish crimes in the district of Alaska
struction of at least one of the proposed new battle ships at and to provide a code of criminal procedure for said district,”
Government navy-yards, which was referred to the Committee approved March 3, 1899, reported it with amendments end
on Naval Affairs.
submitted a report thereon.
He also presented a petition of sundry citizens of Guernsey,
Mr. OVERMAN, from the Committee on Military Affairs, to
Iowa, praying for the enactment of legislation to prohibit the whom was referred the joint resolution (S. R. 9) authorizing
sale and^ traffic in opium in all territory under the jurisdiction the Secretary of War to furnish a condemned cannon to the
of the United States, which was referred to the Committee on board of regents of the University of South Dakota, at Ver­
the Judiciary.
milion, S. Dak., to be placed on the campus of said institution,
He also presented a petition of sundry citizens of Keota, reported it without amendment.
Iowa, and a petition of sundry citizens of Guernsey, Iowa,
PORTSMOUTH, N. H., HARBOR.
praying for the enactment of legislation to prohibit the collec­
Mr. GALLINGER, from the Committee on Commerce, to
tion of internal revenue from “ speak easies ” in prohibition dis­
whom was referred the following concurrent resolution sub­
tricts, which were referred to the Committee on Finance.
He also presented a petition of the Philadelphia Association mitted by himself on the 2d instant, reported it without amend­
of Itetail Druggists, of Philadelphia, Pa., praying for the en­ ment, and it was considered by unanimous consent and agreed t o :
actment of legislation to classify certain grades in numbered
R e s o l v e d b y th e S e n a t e ( t h e H o u s e o f R e p r e s e n t a t i v e s c o n c u r r i n g ) ,
ar
post-office stations, which was referred to the Committee on That the Secretary of W be, and he Is hereby, authorized and directed
to cause an examination and survey to be made of Portsmouth Harbor,
Post-Offices and Post-Roads.
in the State of New Hampshire, with a view to obtaining slack-water
He also presented a petition of sundry citizens of Guernsey, navigation therein by the construction of a dam, and to submit estimates
Iowa, praying the enactment of legislation to prohibit the trans­ for the same.
mission of periodicals as second-class mail matter when once
MINNESOTA AND MANITOBA RAILROAD.
ruled out as immoral, which was referred to the Committee on
Mr. CLAPP. From the Committee on Indian Affairs, I report
Post-Offices and Post-Roads.
back favorably without amendment the bill (S. 4G45) to author­
He also presented a petition o f sundry citizens of Guernsey, ize the Minnesota and Manitoba Railroad Company to convey
Iowa, praying for the enactment of legislation to prohibit the certain lands granted to it by the act of Congress approved
issuance of money orders or the registration of letters on Sun­ April 17, 1900, and I submit a report thereon. It is a very
day, which was referred to the Committee on Post-Offices and short bill and a local bill. I ask unanimous consent for its
Post-Roads.
present consideration.
He also presented a petition of sundry citizens of Guernsey,
The Secretary read the bill, and there being no objection,
Iowa, praying for the enactment of a national anticigarette the Senate, as in Committee of the Whole, proceeded to its
law, which was referred to the Committee on the Judiciary.
consideration.
He also presented a petition of sundry citizens of Keota,
The bill was reported to the Senate without amendment, or­
Iowa, praying for the enactment of legislation to prohibit the dered to be engrossed for a third reading, read the third time,
sale and traffic in opium in all territory under the jurisdaction and passed.
of the United States, which was referred to the Committee on
HEARINGS BEFORE COMMITTEE ON NAVAL AFFAIRS.
the Judiciary.
Mr. KEAN, from the Committee to Audit and Control the Con­
He also presented sundry petitions of citizens of Guernsey
Iowa, praying for the enactment of legislation to prohibit gam­ tingent Expanses of the Senate, to whom was referred the reso­
bling in all territory under the jurisdiction of the United States, lution submitted by Mr. H ale on the 6th instant, reported it
without amendment, and it was considered by unanimous con­
which w
fere referred to the Committee on the Judiciary.
He also presented petitions of sundry citizens of Morning sent and agreed to, as follows:
Sun, Guernsey, and Keota, all in the State of Iowa, praying for
R e s o l v e d , That the Committee on Naval Affairs be, and the same is
the enactment of legislation to prohibit interstate transportation hereby, authorized to employ a stenographer from time to time, as may
he necessary, to report such hearings as may be had on bills or other
of intoxicating liquors in prohibition districts, which w ere re­ matters pending before said committee and to have the same printed
T
ferred to the Committee on the Judiciary.
for the use of the committee, and that such stenographer be paid out
He also presented a petition of sundry citizens of Guernsey, of the contingent fund of the Senate.
BILLS INTRODUCED.
Iowa, praying for the adoption of an amendment to the Consti­
tution providing for uniform marriage and divorce, which was
Mr. PERKINS introduced a bill (S. 5983) authorizing cer­
referred to the Committee on the Judiciary.
tain life-saving apparatus to be placed at the Farallone Islands,
H e also presented a memorial of sundry citizens of Pottawat­ off the coast of California, which wms read twice by its title
tamie County, Iowa, remonstrating against the enactment of and referred to the Committee on Commerce.
legislation to protect the first day of the week as a day of rest
Mr. GALLINGER introduced a bill (S. 5984) to acquire land
in the District of Columbia, wffiich w as referred to the Commit­ in the vicinity of the Connecticut Avenue Bridge for the exten­
r
tee on the District of Columbia.
sion of certain streets, wffiich was read twice by its title and,
He also presented a petition of sundry citizens of Keota,
with the accompanying papers, referred to the Committee on
Iowa, and a petition of sundry citizens of Guernsey, Iowa, pray­ the District of Columbia.
ing for the adoption of an amendment to the Constitution to
He also introduced a bill (S. 59S5) authorizing the exten­
prohibit polygamy, which were referred to the Committee on
sion of Massachusetts avenue from Wisconsin avenue to the
the Judiciary.
District line, and for other purposes, which was read twice by
REPORTS OF COMMITTEES.
its title and referred to the Committee on the District of Co­
Mr. MARTIN, from the Committee on Commerce, to whom lumbia.
was referred the bill (S. 5639) to amend an act entitled “An
He also (by request) introduced a bill (S. 598G) to provide
act to authorize the construction of a bridge across the Missouri for the retirement of certain letter carriers and regulating the
River at a point to be selected within 5 miles north of the pay of the same, which w as read twice by its title and referred
y
Raw River, in Wyandotte County, State of Kansas, and Clay to the Committee on Post-Offices and Post-Roads.
Mr. CULLOM introduced the following bills, which were sev­
County, State of Missouri, and to make the same a post route,”
approved December 17, 1902, reported it without amendment erally read twice by their titles and referred to the Com­
and submitted a report thereon.
mittee on Pensions:
A bill (S. 5987) granting an increase of pension to Andrew J.
He also, from the same committee, to whom were referred
the following bills, reported them severally without amendment: Nighswonger; and
A bill (S. 5988) granting an increase of pension to Abner
A bill (II. R. 1G073) to authorize the town of Edgecomb, Lin­
coln County, Me., to maintain a free bridge across tide waters; Moore.
and
Mr. BACON introduced a bill (S. 5989) authorizing the De­
A bill (II. R. 10719) to amend an act entitled “An act to au­ partment of State to deliver to Capt. C. De W. Wilcox decora­
thorize the construction of a bridge across the Monongahela tion and diploma presented by Government of France, which
River in the State of Pennsylvania by the Liberty Bridge Com­ was read twice by its title and referred to the Committee on
Foreign Relations.
pany,” approved March 2, 1907.
Mr. SMITH, from tlie Committee on Commerce, to whom was
Mr. ALLISON introduced a bill (S. 5990) granting an in
referred the bill (S. 5594) for the establishment of a light­ crease of pension to Ann M. Corey, which was read twice bv
house and fog signal at the easterly end of Michigan Island. its title and referred to the Committee on Pensions
Apostle Group, westerly end of Lake Superior, Wisconsin, re­
He also introduced a bill (S. 5991) to provide for the nnr
ported it without amendment and submitted a report thereon.
chase o f a site and the erection of a public building thereon nt
Mr. BEVERIDGE, from the Committee on Territories, to Ames, in the State of Iowa, wffiich was read twnce bv its m ia
whom was referred the bill (S. 4748) to amend an act entitled and referred to the Committee on Public Buildings and Grounds.




Mr. TAYLOR introduced the following bills, which were
severally read twice by their titles and referred to the Com­
mittee on Pensions:
.
A ‘bill (S. 5992) granting a pension to John L. Johnson,
A bill (S. 5993) granting a pension to Alpha J. Linebarger;
A bill (S. 5994) granting a pension to Georgia B. Snapp ; ana
A bill (S. 5995) granting an increase of pension to John G.
Mr. CRAKE introduced a bill (S. 5996) to authorize the sale
to Percival Lowell of certain lands within the San Francisco
Mountains Forest Reserve, in the Territory of Arizona, whic
was read twice by its title and, with the accompanying paper,
referred to the Committee on Forest Reservations and tne i rotection of Game.
He also introduced a bill (S. 5997) for the relie
4
Butler, which was read twice by its title and, with the ac

companying paper, referred to the Committee on Ciaims.
Ho a l a introduced a bill <S. 5098) granting an
pension to Anna A. Foster, wliiol, was read twice by its title
and referred to the Committee on Pensions.
miutarv
He also introduced a bill (S. 5999) to correct the mbitary
record of William Keyes, which was read twice by its title and
referred to the Committee on Military Adairs.
Mr KEAN introdneed a bill (S. 6000) to p r o * t ' ‘ k
erection of a public building at Hoboken, N. J„

W oe by Its title and referred to the Committee on Public Buildy request, Introduced a bffl (S. C001, t o * raper, referred to the

Committee on Military Affairs.
., .
„rp epvprnliv
He also introduced the following bills, vihich w _
■ read twice by their titles and, with the accompanying papers,
referred to the Committee on Pensions:
n
A bill (S. 0002) granting an increase of pension to Alfied O.
^ A ^ i l M S . 6003) granting an increase of pension to Llrnma

A Mr.’ DICK introduced a bill (S. 6004) granting an increase of
e
pension to Erwin F. Mason, which was read twice by its title
and referred to the Committee on Pensions. . . . .
He S
introduced a bill (S. 6005) prohibiting tbe wearing
of the United States uniform by unauthorized persons, which
w ai r e a d T w ic e V its title and referred to the Committee on
M m 1° B U U fE L B T introduced a bill (S. 6000) to correct the
military record of John M. Miller, which was read twice by its
S le and rrferred to tbe Commtt^e on SHlitary ^Affams^
B F S n t

which was read twice by its title and referred to

t t L C°a T "“ troducS‘ theS'following bills, which were severally
refd tetee by thetr titles and referred to the Committee on
^ . f S u s . 600S) granting an increase of pension to David E.
Redman (with accompanying papers),
_ .
„
A bill (S. 6009) granting an increase of pension to John H.
^ T b i l l (S. 6010) granting a pension to Grace I . Jacobs (with

position of town sites in connection with reclamation projects,
and for other purposes, which was read twice by its title and re­
ferred to tbe Committee on Irrigation and Reclamation of Arid

Lands.

„

( s !,& n r ^ n t i n S Da »

°( ^

Sl0n to IiMC K '

S M r eFRAZrER introduced a bill (S. 0012) to provide for the
Mr. 1
„ r1
riitinTini district judge in and for the mid­
appointment ot an
J Tennessee, which was read twice by




" ^

" S

^

n

f

^

T

n

a

t

i

o

n

a

,

A Heralso introduced the following bills, ridd.
read twice by their titles and referred to the Committee on

,, ,

Mr. LONG introduced the following bills, which were sever­
ally read twice by their titles and, with the accompanying pa­
pers, referred to the Committee on Pensions:
A bill (S. 6019) granting an increase of pension to brands
O’Leary; and
.
.
. _
A bill (S. 6020) granting an increase of pension to Jasper
Taylor.
.
*
,
, ,
Mr. CLAPP introduced a bill (S. 6021) to except and exclude
certain lands in Minnesota from the operation of the acts or
June 21, 1906, and March 1, 1907, which was read twice by its
title and referred to the Committee on Indian Affairs.
Mr. BURKETT introduced a bill (S. 6022) granting an in­
crease of pension to German L. Hunt, which was read twice by
its title and, with the accompanying papers, referred to tne
Committee on Pensions.
,
,
Mr. DOLLIVER introduced a bill (S. 6023) granting an in­
crease of pension to Francis M. Gard, which was read twice by

its title and referred to the Committee on Pensions.
Mr. FORAKER introduced the following bills, which were
severally read twice by their titles and referred to tbe Com­
mittee on Pensions:
.
A bill (S. 6024) granting an increase of pension to William
Ruddicks;
,
_
A bill (S. 6025) granting an increase of pension to Abram W .
McCoy; and
A bill (S. 6026) granting an increase of pension to Susan M.
Darnell (with accompanying papers).
Mr. TALIAFERRO introduced a bill (S. 6027) for the relief
of Joseph De V. Hazzard, which was read twice by its title
and, with the accompanying papers, referred to the Committee
on Claims.
____
. .
Mr FRYE introduced a bill (S. 6028) to provide for safety
of life on navigable waters during regattas or marine parades,
which was read twice by its title and referred to the Committee
on Commerce.
.
,
,. ,
Mr. CLAPP introduced the following bills, which were sev­
erally read twice by their titles and referred to the Committee
on Pensions:
,
. _
A bill (S. 6029) granting an increase of penison to George
Brookins; and
.
..
A bill (S. 6030) granting an increase of pension to Timothy
J

T
1

’ Mr. W ARREN introduced a joint resolution (S. R. 60) pro­
viding for additional lands for Wyoming under the provisions
of the Carey Act, which was read twice by its title and referred
to the Committee on Public Lands.
'\
Mr. OWEN introduced a joint resolution (S. R. C<) empow­
ering the Court of Claims to ascertain the amount of the ‘‘ civ­
ilization fund ” paid by the Osages and applied to tbe benefit of
other Indians, and for other purposes, which was read twice by
its title and referred to the Committee on Indian Affairs.
Mr. HEYBURN introduced a joint resolution (S. R. 68) pro­
viding for additional lands for Idaho under the provisions of
the Carey Act, which was read twice by its title and referred
to the Committee on Public Lands.
am endm ents

a”

Maech 9,

CONGKESSIONAL KECORD— SENATE.

3034

to

o m n ib u s

c l a im s

b il l .

Mr. CLARKE of Arkansas submitted two amendments, in­
tended to be proposed by bim to liouse bill 15372, known as the
« omnibus claims bill,” which were ordered to lie oil the table
and be printed.
SAFETY OF SCHOOL BUILDINGS IN THE DISTRICT OF COLUMBIA,
Mr. CULBERSON submitted the following resolution, which
was considered by unanimous consent, and agreed to :
R es o lv e d
That the Committee on the District of Columbia be, and
is h e r e b y , d ir e c t e d t o Inquire, in such manner as in Its judgment may
be b e s t whether the public and private school buildings in the District
o f C o lu m b ia a r e safe against fire; and If not. to r e p o r t by bill or o t h e r
wise what a c t i o n s h o u l d be taken for the protection o f the school chil
dren of the District.
e x t e n s io n

C1A bfli (S. 6014) for the relief of H. M. Sniilvaii: and
A bill (S. 6015) for the relief of Margaret E. 1\ atkins, ad
ministratrix of the estate of Patrick Henry Watkins, deceased.

of pa rcels po st.

On motion of Mr. Burnham, it was
O r d e r e d That there be printed for the use of the Post-Office Departent ’
ocum N 366, Sixtieth CoogreM dr
ent o.
.
Mr. OVERMAN introduced a bill (S. 6016) to proune for ie m - 0 000 copies of Senate D
session / ‘‘ Data Relative to the P
roposed Extension of the larcels Inst.
erection of a public building at High Point, N. C., winch was
HOUSE BILLS REFERRED.
read twice by its title and referred to the Committee on Public
The following bills were severally read twice by their titles
Buildings and Grounds.
.
He also introduced a bill (S. 6017) granting a pension to
Seymour B. Wacaster, which was read twice by its title and re­
ferred to the Committee on Pensions.
Mr. BORAH introduced a bill (S. 6018) l oviding for the dis­

in d referred to the Committee on Claims:

tj
h

____
. 1815. An act for the relief of the estate of D. S. Phelan,
! R* 6664. An act for the relief of Roman Scholter;
r

1908.

CONGRESSIONAL RECORD— SENATE.
SEN A TE.

F riday, M a rch 13,1908.
Prayer by the Chaplain, Rev. Edward E. Hale.
T h e S e c r e t a r y p r o c e e d e d to r e a d t h e J o u r n a l o f y e s t e r d a y ’s
p r o c e e d in g s , w h e n , o n r e q u e s t o f M r . G a l l i n g e b , a n d b y u n a n i ­
m o u s c o n s e n t, t h e f u r t h e r r e a d i n g w a s d i s p e n s e d w i t h .

3 2 4 9

N . Y ., r e m o n s t r a t i n g a g a i n s t t h e r a t i f i c a t i o n o f t h e p e n d in g
t r e a t y o f a r b i t r a t i o n b e tw e e n t h e U n i t e d S t a t e s a n d G r e a t
B r i t a i n , w h ic h w a s r e f e r r e d t o t h e C o m m i t te e o n F o r e i g n R e l a ­
tio n s .

H e a l s o p r e s e n t e d a p e t i t i o n o f t h e W o m a n ’s H o m e M i s s io n a r y
S o c ie ty , P i t t s b u r g P r e s b y t e r y , o f P i t t s b u r g , P a ., p r a y i n g f o r t h e
e n a c tm e n t o f le g is la tio n to p r o h ib it th e im p o rta tio n , m a n u f a c ­
tu r e , a n d s a le o f o p iu m w ith in th e ju r is d ic tio n o f th e U n ite d
The VICE-PRESIDENT. The Journal stands approved.
S t a t e s , w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n F i n a n c e .
USELESS PAPERS IN THE EXECUTIVE DEPARTMENTS.
M r. G A L L I N G E R p r e s e n t e d p e t i t i o n s o f s u n d r y c i t i z e n s o f
T h e V I C E - P R E S I D E N T l a i d b e f o r e t h e S e n a t e a c o m m u n i c a ­ E a s t R o c h e s t e r a n d S o u t h A c w o r t h , in t h e S t a t e o f N e w H a m p ­
t i o n f r o m t h e S e c r e t a r y o f t h e T r e a s u r y , t r a n s m i t t i n g , p u r s u a n t s h i r e , o f S p a r t a , M ic h ., a u d W a s h i n g t o n , D . C ., p r a y i n g f o r t h e
t o la w , s c h e d u le s o f p a p e r s , d o c u m e n t s , e tc ., o n t h e f ile s o f t h e
e n a c t m e n t o f l e g i s l a t i o n to p r o h i b i t t h e m a n u f a c t u r e a n d s a l e o f
D e p a r t m e n t 'w h i c h a r e n o t n e e d e d i n t h e t r a n s a c t i o n o f t h e
i n t o x i c a t i n g l i q u o r s in t h e D i s t r i c t o f C o lu m b ia , w h i c h w e r e r e ­
p u b l ic b u s i n e s s a n d h a v e n o p e r m a n e n t v a l u e o r h i s t o r i c a l i n t e r ­ f e r r e d t o t h e C o m m i t te e o n t h e D i s t r i c t o f C o lu m b ia .
e s t, w h ic h w a s r e a d .
H e a ls o p r e s e n t e d m e m o r i a l s o f s u n d r y c i t i z e n s o f P o r t l a n d ,
T h e VICE-PRESIDENT. T h e c o m m u n i c a ti o n w ill b e r e ­ M e., R ic h m o n d , V a „ J a c k s o n , M is s ., O h io C ity , O h io , a n d o f
f e r r e d to t h e J o i n t C o m m i t te e o n t h e D e s t r u c t i o n o f U s e le s s O r l a n d o , F l a . , r e m o n s t r a t i n g a g a i n s t t h e e n a c t m e n t o f l e g i s l a ­
Papers in t h e Executive Departments. T h e C h a i r a p p o i n t s t h e t io n to p r o t e c t t h e f i r s t d a y o f t h e w e e k a s a d a y o f r e s t i n t h e
S e n a t o r f r o m T e x a s [ M r . B ailey ] a n d t h e S e n a t o r f r o m N e w
D i s t r i c t o f C o lu m b ia , w h i c h w e r e r e f e r r e d t o t h e C o m m i t te e o n
H a m p s h i r e [ M r . G allinger] a s m e m b e r s o f t h e c o m m i tt e e o n
t h e D i s t r i c t o f C o lu m b ia .
t h e part o f t h e S e n a te , a n d d i r e c t s t h e S e c r e t a r y to d u l y n o t i f y
H e a ls o p r e s e n t e d a p e t i t i o n o f t h e N o r t h e a s t W a s h i n g t o n
th e H o u s e o f R e p re s e n ta tiv e s th e re o f.
C i t i z e n s ’ A s s o c ia t io n , o f t h e D i s t r i c t o f C o lu m b ia , p r a y i n g f o r
th e e n a c tm e n t o f le g is la tio n r e q u ir in g a ll n e w sc h o o l b u ild in g s
ENROLLED BILLS SIGNED.
A m e s s a g e f r o m t h e H o u s e o f R e p r e s e n t a t i v e s b y M r . C. R . in t h e D i s t r i c t o f C o l u m b i a to b e f i r e p r o o f , w h i c h w a s r e f e r r e d
M c K e n n e y , i t s e n r o l l i n g c le r k , a n n o u n c e d t h a t t h e S p e a k e r o f t o t h e C o m m i t te e o n t h e D i s t r i c t o f C o lu m b ia .
M r . F R A Z I E R p r e s e n t e d a p e t i t i o n o f lo c a l u n i o n N o . 24,
t h e H o u s e h a d s ig n e d t h e f o l lo w in g e n r o ll e d b ills , a n d t h e y
I n t e r n a t i o n a l T y p o g r a p h i c a l U n io n , o f J a c k s o n , T e n n ., p r a y i n g
w e r e t h e r e u p o n s ig n e d b y t h e V i c e - P r e s i d e n t :
fo r th e re p e a l o f th e d u ty o n w h ite , p a p e r, w o o d p u lp , a n d th e
S . 1 9 3 1 . A n a c t to g r a n t c e r t a i n l a n d , p a r t o f t h e F o r t N io ­
m a te r ia ls u s e d in th e m a n u f a c tu r e th e re o f, w h ic h w a s r e f e r r e d
b r a r a M i l i t a r y R e s e r v a t i o n , N e b r ., t o t h e v i ll a g e o f V a l e n t i n e
t o t h e C o m m i t te e o n F i n a n c e .
f o r a s i t e f o r a r e s e r v o i r o r t a n k t o h o ld w a t e r t o s u p p l y t h e
H e a ls o p r e s e n t e d a p e t i t i o n o f s u n d r y c i t i z e n s o f S c o t t s H i l l ,
p u b l ic o f s a i d v i l l a g e ;
T e n n ., p r a y i n g f o r t h e p a s s a g e o f t h e s o - c a lle d “ p a r c e l s - p o s t
S. 2948. A n a c t to p ro v id e a d d itio n a l s ta tio n g r o u n d s a n d
b i ll ,” a n d a l s o f o r t h e e s t a b l i s h m e n t o f p o s t a l s a v i n g s b a n k s ,
te r m in a l f a c ilitie s fo r th e A riz o n a a n d C a lifo rn ia R a ilw a y
w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n P o s t- O f f ic e s a n d P o s tC o m p a n y in t h e C o lo r a d o R i v e r I n d i a n R e s e r v a t i o n , A r i z . T . ;
R o ad s.
H . I t. 2 9 1 5 . A n a c t f o r t h e r e l i e f o f J o h n P . H u n t e r ;
H e a ls o p r e s e n t e d s u n d r y a f f i d a v it s t o a c c o m p a n y t h e b i l l
H . I t . 12S03. A u a c t a l l o w i n g C h a n d l e r B a s s e t t to p e r f e c t f in a l
(S . 4765) fo r th e r e lie f o f th e tr u s te e s o f M o u n t O liv e t M e th ­
p r o o f in h i s h o m e s t e a d e n t r y ;
o d i s t E p is c o p a l C h u r c h S o u t h , a t N o le n s v ille , T e n n ., w h i c h w e r e
I I . R . 1 4 0 4 3 . A n a c t t o p r o v i d e f o r t h e e x t e n s i o n o f t im e
r e f e r r e d t o t h e C o m m i t te e o n C la im s .
w ith in w h ic h h o m e s te a d e u try m e n m a y e s ta b lis h t h e i r re s id e n c e
l i e a ls o p r e s e n t e d a p a p e r t o a c c o m p a n y t h e b i ll ( S . 2 3 1 9 ) f o r
u p o n c e r ta in la n d s w ith in th e lim its o f th e H u n tle y ir r ig a tio n
t h e r e l i e f o f M r s . C o r r i n n e L a w r e n c e , o f N a s h v i l le , T e n n ., w h i c h
p r o j e c t , in t h e c o u n t y o f Y e llo w s to n e , in t h e S t a t e o f M o n t a n a ;
w a s r e f e r r e d t o t h e C o m m i t te e o n C la im s .
I I . I t. 1 0 0 7 3 . A n a c t t o a u t h o r i z e t h e t o w n o f E d g e c o m b , L i n ­
l i e a l s o p r e s e n t e d a n a f f i d a v it t o a c c o m p a n y t h e b i ll ( S . 4 4 6 0 )
c o ln C o u n ty , M e., t o m a i n t a i n a b r i d g e a c r o s s t i d e w a t e r s ;
f o r t h e r e l i e f o f t h e d e a c o n s o f t h e M i s s io n a r y B a p t i s t C h u r c h
H . R . 1 6 7 4 6 . A n a c t t o a u t h o r i z e T . H . F r i e l o r a s s i g n s to
a t F r a n k l i n , T e n n ., w h i c h w a s r e f e r r e d to t h e C o m m i t te e o n
c o n s tr u c t a d a m a c r o s s M u lb e rry F o r k o f th e B la c k W a r r io r
C la im s .
R iv e r; a n d
H e a ls o p r e s e n t e d s u n d r y a f f i d a v it s t o a c c o m p a n y t h e b i l l ( S .
H . I t. 1 0 7 4 9 . A n a c t t o a m e n d a n a c t e n t i t l e d “ A n a c t t o a u ­
5 7 8 5 ) g r a n t i n g a p e n s io n t o W i l l i s J . F r e e m a n , w h i c h w e r e r e ­
t h o r i z e t h e c o n s t r u c t i o n o f a b r i d g e a c r o s s t h e M o n o n g a h e la
f e r r e d t o t h e C o m m i t te e o n P e n s i o n s .
R i v e r in t h e S t a t e o f P e n n s y l v a n i a b y t h e L i b e r t y B r i d g e C o m ­
M r. D E P E W p re s e n te d p e titio n s o f s u n d r y c itiz e n s o f D e x te r,
p a n y , ” a p p r o v e d M a r c h 2, 1 9 07,
W e s t H e n r i e t t a , C a m d e n , W e s tv i l le , M i n i s i n k , S t o n y F o r d , a n d
PETITIONS AND MEMORIALS.
N e w a r k , a l l in t h e S t a t e o f N e w Y o r k , p r a y i n g f o r t h e e n a c t ­
T h e V I C E - P R E S I D E N T p r e s e n t e d a m e m o r i a l o f t h e E m m e t m e n t o f l e g i s l a t i o n t o e s t a b l i s h a r u r a l p a r c e l s p o s t, w h i c h
w e r e r e f e r r e d t o t h e C o m m itte e o n F o s t-O ffic e s a n d P o s t- R o a d s ,
C lu b , o f I n d i a n a p o l i s , I n d ., a n d a m e m o r i a l o f t h e E m m e t A s
H e a ls o p r e s e n t e d a p e t i t i o n o f t h e J o h n K . N e a l R e p u b li c a n
B o c ia te s , o f L y n n , M a s s ., r e m o n s t r a t i n g a g a i n s t t h e r a t i f i c a t i o n
o f t h e p e n d in g t r e a t y o f a r b i t r a t i o n b e tw e e n t h e U n i t e d S t a t e s C lu b , o f K i n g s C o u n ty , N . Y ., p r a y i n g f o r t h e e n a c t m e n t o f le g ­
a n d G r e a t B r i t a i n , w h i c h w e r e r e f e r r e d t o t h e C o m m i t te e o n i s l a t i o n p r o v i d in g f o r t h e c o n s t r u c t i o n o f a t l e a s t o n e o f t h e
p ro p o se d n e w b a ttle s h ip s a t th e N e w Y o rk N a v y -Y a rd , w h ic h
F o re ig n R e la tio n s .
M r . C U L L O M p r e s e n t e d a m e m o r i a l o f O ’C o n n e ll C lu b , o f w a s r e f e r r e d to the Committee o n N a v a l A f f a ir s .
H e a ls o p re s e n te d a m e m o ria l o f th e I n d e p e n d e n t T o b ac co
C le v e la n d , O h io , r e m o n s t r a t i n g a g a i n s t t h e r a t i f i c a t i o n o f t h e
M a n u f a c t u r e r s ’ A s s o c ia t io n o f t h e U n i t e d S t a t e s , r e m o n s t r a t i n g
p e n d in g t r e a t y o f a r b i t r a t i o n b e tw e e n t h e U n i t e d S t a t e s a n d
a g a i n s t t h e e n a c t m e n t o f l e g i s l a ti o n t o p e r m i t t h e s a l e o f l e n t
G r e a t B r i t a i n , w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n F o r e i g n
to b a c c o f o r c o n s u m p ti o n w i t h o u t t h e p a y m e n t o f t h e r e \ e m ie
R e la t io n s .
M r. P L A T T p r e s e n t e d a m e m o r i a l o f t h e M e r c h a n t s ’ E x ­ t a x , w h ic h w a s r e f e r r e d t o t h e C o m m i t te e o n F i n a n c e .
H e a ls o p r e s e n t e d a p e t i t i o n o f L o c a l D i v is io n N o . 2.
c h a n g e , o f O le a n , N . Y ., r e m o n s t r a t i n g a g a i n s t t h e p a s s a g e o f
B r o t h e r h o o d o f L o c o m o tiv e E n g i n e e r s o f t h e S t a l e o r N e w
t h e s o - c a lle d “ A l d r i c h e m e r g e n c y c u r r e n c y b i ll ,” w h i c h w a s o r ­
Y o r k , p r a y i n g f o r t h e p a s s a g e o f t h e s o - c a lle d
R oden b e rg a n tid e r e d t o lie o n t h e t a b l e .
i n j u n c t i o n b i l l , ” w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n t h e
H e a l s o p r e s e n t e d t h e p e t i t i o n o f W i l l i a m J . C a r le , o f N e w
Y o r k C i ty , N . Y ., p r a y i n g f o r t h e p a s s a g e o f t h e s o - c a lle d “ K it- J u d i c i a r y
H e a ls o p r e s e n t e d a p e t i t i o n o f t h e A m e r ic a n D i r e c t o r y P u b ­
t r e d g e c o p y r i g h t b i ll ,” w h i c h w a s r e f e r r e d t o t h e C o m m itte e o n
l i s h e r s ’ A s s o c ia tio n , o f N e w Y o r k C ity , N . Y ., p r a y i n g f o r t h e
P a te n ts .
p a s s a g e o f t h e s o - c a lle d “ K i t t r e d g e c o p y r i g h t h i ll ,” w h i c h w a s
H e a ls o p r e s e n t e d a m e m o r i a l o f L o c a l U n io n N o . 4 7 8 , N a ­
r e f e r r e d t o t h e C o m m i t te e o n P a t e n t s .
t i o n a l B a r t e n d e r s ’ U n io n , o f I M a tts b u r g , N . Y \, r e m o n s t r a t i n g
H e a l s o p r e s e n t e d a p e t i t i o n o f L o c a l D i v i s i o n N o . 292,
a g a i n s t t h e e n a c t m e n t o f l e g i s l a t i o n to p r o h i b i t t h e m a n u f a c t u r e B r o t h e r h o o d o f L o c o m o tiv e E n g in e e r s , o f M id d le to w n , N . Y .,
a n d s a l e o f i n t o x i c a t i n g l i q u o r s in t h e D i s t r i c t o f C o lu m b ia ,
p r a y i n g f o r t h e a d o p ti o n o f a n a m e n d m e n t t o t h e p r e s e n t i n t e r ­
W h ic h w a s r e f e r r e d t o t h e C o m m i t te e o n t h e D i s t r i c t o r L<h
s t a te - c o m m e r c e l a w r e l a t i n g to f r e e p a s s e s , w h i c h w a s r e f e r r e d
t o t h e C o m m i t te e o n I n t e r s t a t e C o m m e r c e .
H e a ls o p r e s e n t e d a m e m o r i a l o f t h e M e m o r ia l a n d E x e c u ti v e
M r. H O P K I N S p r e s e n t e d a p e t i t i o n o f L o c a l U n io n N o . 113,
C o m m itte e Department o f N e w Y o r k , G r a n d A r m y o f t h e R e ­
I n t e r n a t i o n a l P r i n t i n g P r e s s m e n a n d A s s i s t a n t s ’ U n io n , o f
p u b lic , o f B u f f a lo , N . 1 \ , r e m o n s t r a t i n g a g a i n s t t h e e n a c t m e n t
J o l i e t , 111., p r a y i n g f o r t h e r e p e a l o f t h e d u t y o n w h i t e p a p e r ,
o f l e g i s l a t i o n t o a b o li s h c e r t a i n p e n s io n a g e n c ie s t h r o u g h o u t t h e
w o o d p u lp , a n d t h e m a t e r i a l s u s e d i n t h e m a n u f a c t u r e t h e r e o f ,
c o u n t r y , w h ic h w a s r e f e r r e d t o the t > m m i t t e e o n P e n s i o n s .
He a ls o p r e s e n t e d a m e m o r i a l o f s u n d r y c i t i z e n s o f A lb a n y , w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n F i n a n c e .

XLII-----201




3350

CONGRESSIONAL RECORD— SENATE,

M r, E L K I N S p r e s e n te d s u n d r y a ffid a v its to a c c o m p a n y th e
b ill (S . 3 5 6 5 ) g r a n tin g a n in c r e a s e o f p e n s io n to G e o rg e W .
P a r s o n s , w h ic h w e re r e f e r r e d to t h e C o m m itte e o n P e n s io n s .
M r. L O D G E p r e s e n te d a p e titio n o f th e S ta te I n s t i tu t e o f
T e c h n o lo g y , S o c i e t y o f A r t s , o f M a s s a c h u s e t t s , p r a y i n g f o r t h e
e n a c tm e n t’ o f le g is la tio n p ro v id in g f o r th e c o n s e rv a tio n o f th e
n a t i o n a l f o r e s t s , w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n F o r ­
e s t R e s e rv a tio n a n d th e P ro te c tio n o f G am e.
H e a ls o p r e s e n te d a p e titio n o f P o m o n a G ra n g e , N o. 11,
P a t r o n s o f H u s b a n d r y , o f W e s t b o r o , M a s s ., a n d a p e t i t i o n o f
P o n k a p o a g G ra n g e , N o . 231, P a t r o n s o f H u s b a n d r y , o f C a n to n ,
M a s s ., p r a y i n g f o r t h e p a s s a g e o f t h e s o - c a l l e d “ p a r c e l s - p o s t
b i l l , ” w h i c h w e r e r e f e r r e d t o t h e C o m m i t t e e o n T o s t- O f f ic e s
a n d P o s t-R o a d s .
M r. L O N G p r e s e n te d m e m o r ia ls o f s u n d r y c itiz e n s o f L e a v e n ­
w o r th a n d R a n d o lp h , in th e S ta te o f K a n s a s , r e m o n s tr a tin g
a g a i n s t t h e p a s s a g e o f t h e s o -c a lle d “ p a r c e ls - p o s t b ill,” w h ic h
w e r e r e f e r r e d t o t h e C o m m i t t e e o n P o s t- O f f ic e s a n d P o s t - I t o a d s .
H e a ls o p r e s e n te d a m e m o r ia l o f L o c a l U n io n N o . 1000,
U n i t e d M in e W o r k e r s o f A m e r i c a , o f O s a g e , K a n s . , r e m o n s t r a t ­
in g a g a in s t th e p a s s a g e o f t h e s o -c a iie d “ P e n r o s e b ill ” to e x ­
c lu d e n o n m a ila b le p e r io d ic a ls f r o m s e c o n d -c la s s m a il p riv ile g e s ,
w h i c h w a s r e f e r r e d t o t h e C o m m i t t e e o n P o s t- O f f ic e s a n d P o s tR oads*
H e a ls o p r e s e n te d a p e titio n o f th e c o n g re g a tio n o f t h e F i r s t
R e f o r m e d C h u r c h o f G o s h e n , I n d ., p r a y in g f o r t h e e n a c tm e n t
o f le g is la tio n to p r o h ib it th e m a n u f a c tu r e a n d s a le o f in to x ic a t­
i n g l i q u o r s in t h e D i s t r i c t o f C o l u m b i a , w h i c h w a s r e f e r r e d t o
t h e C o m m itte e o n t h e D i s t r i c t o f C o lu m b ia .
H e a ls o p r e s e n te d m e m o r ia ls o f s u n d r y c itiz e n s o f P h ila d e l­
p h i a , P a . , N a s h v i l l e , T e n n . , I n d i a n a p o l i s , I n d . , J a c k s o n , M is s .,
O r l a n d o , F l a . , a n d K a n s a s C i t y a n d S t. L o u is , M o ., r e m o n s t r a t ­
in g a g a in s t t h e e n a c tm e n t o f le g is la tio n to p r o te c t th e f ir s t
d a y o f th e w e e k a s a d a y o f r e s t in t h e D i s t r i c t o f C o lu m b ia ,
w h ic h w e r e r e f e r r e d to t h e C o m m itte e o n t h e D i s t r i c t o f C o­
lu m b ia .
H e a ls o p r e s e n te d a p e titio n o f s u n d r y c itiz e n s o f F r a n k lin
C o u n ty , K a n s ., p r a y in g f o r t h e p a s s a g e o f t h e b ill ( S . 4 2 2 1 )
f o r th e r e lie f o f F r a n k lin C o w a n , w h ic h w a s r e f e r r e d to th e
C o m m itte e o n M ilita r y A ffa irs .
H e a ls o p r e s e n te d a p e titio n o f P a p T h o m a s T o s t, D e p a r t ­
m e n t o f K a n s a s , G r a n d A r m y o f t h e R e p u b li c , o f G r e a t B e n d ,
K a n s ., p r a y in g f o r t h e p a s s a g e o f t h e b ill (S . 5 7 5 8 ) f o r t h e
r e l i e f o f J o h n F . L e w i s , w h i c h w a s r e f e r r e d t o t h e C o m m i t te e
o n M ilita r y A f fa irs .
M r. R A Y N E R p r e s e n te d a p e titio n o f s u n d r y c itiz e n s o f
M o u n t A i r y , M d ., p r a y i n g f o r t h e e n a c t m e n t o f l e g i s l a t i o n t o p r o ­
h i b i t t h e m a n u f a c t u r e a n d s a l e o f i n t o x i c a t i n g l i q u o r s in t h e
D i s t r i c t o f C o l u m b i a , w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n
t h e D i s t r i c t o f C o lu m b ia .
REPORTS OF COMMITTEES.

M r. L O D G E , f r o m th e C o m m itte e o n t h e P h ilip p in e s , to w h o m
w a s r e f e r r e d th e b ill ( H . R . 1 6 1 4 3 ) to p ro v id e f o r p a y m e n t o f
t h e c la im s o f t h e R o m a n C a th o lic C h u r c h in th e P h ilip p in e
Is la n d s , re p o rte d i t w ith o u t a m e n d m e n t, a n d s u b m itte d a r e ­
p o r t th e re o n .
M r. C A R T E R , f r o m t h e C o m m itte e o n t h e D i s t r i c t o f C o lu m ­
b ia , to w h o m w a s r e f e r r e d th e b ill (S . 29 9 9 ) to a m e n d a n a c t
e n title d “A n a c t to p ro v id e f o r th e e x te n s io n o f N e w H a m p ­
s h i r e a v e n u e , in t h e D i s t r i c t o f C o lu m b ia , a n d f o r o th e r p u r ­
p o s e s ,” a p p r o v e d F e b r u a r y 27, 1 907, r e p o r te d i t w i t h a n a m e n d ­
m e n t, a n d s u b m itte d a r e p o r t th e re o n .
M r. F R A Z I E R , f r o m t h e C o m m itte e o n M ilita r y A ffa irs , to
w h o m w a s r e f e r r e d th e b ill (S . 5 6 6 5 ) f o r th e p u rc h a s e o f la n d
fo r th e u se o f th e m ilita ry p o st a t F o r t S h e rid a n , I I I , re p o rte d
i t w ith a m e n d m e n ts a n d s u b m itte d a r e p o r t th e re o n .
M r. N IX O N , f r o m t h e C o m m itte e o n C o a s t D e fe n s e s , to w h o m
w a s r e f e r r e d th e a m e n d m e n t s u b m itte d b y M r. A n k e n y on
J a n u a r y 2 7 , 1 9 0 8 , p r o p o s i n g t o a p p r o p r i a t e $ 5 ,4 7 8 ,7 5 1 f o r i n ­
c re a s e d f o r tif ic a tio n s fo r P u g e t S o u n d , S ta te o f W a s h in g to n ,
i n t e n d e d t o b e p r o p o s e d t o t h e f o r t i f i c a t i o n s a p p r o p r i a t i o n b ill,
a s k e d to b e d is c h a r g e d f r o m i ts f u r t h e r c o n s id e r a tio n a n d t h a t
it, w ith t h e a c c o m p a n y in g p a p e r , b e r e f e r r e d to th e C o m m itte e
o n A p p r o p r i a t i o n s , w h i c h w a s a g r e e d to .
M r. H E M E N W A Y , f r o m t h e C o m m itte e o n M i l it a r y A f f a ir s !
t o w h o m w a s r e f e r r e d t h e b i ll ( S . 1 1 6 0 ) t o c o r r e c t t h e m i l i t a r y
re c o rd o f L o ra E . R eed , re p o rte d it w ith a n a m e n d m e n t a n d
s u b m itte d a r e p o r t th e re o n .
h -n * e/< ^ SO’ ^r o m
s a m e c o m m i tt e e , t o w h o m w a s r e f e r r e d tin t
D. U ( S . 1 7 4 4 ) f o r t h e r e l i e f o f t h e h e i r s o f G e o r g e A . A rrB 1
th e re o n re P ° rte i* ^




w i t i l o u t a m e n d m e n t a n d s u b m i t t e d a r ej p o ^ t

March 13,

BILLS INTRODUCED.

M r. M c L A U R IN I n tr o d u c e d a b ill ( S . 6 0 9 9 ) f o r t h e r e li e f o f
th e e s ta te o f R . H . H o ffm a n , w h ic h w a s r e a d tw ic e b y i t s t i t l e
a n d r e f e r r e d to t h e C o m m itte e o n C la im s .
M r. T A L I A F E R R O in tr o d u c e d a b ill (S . 6 1 0 0 ) a u th o r iz in g a n d
d ir e c tin g th e A d ju ta n t- G e n e r a l o f th e U n ite d S ta te s A rm y to
f u r n i s h t o t h e a d j u t a n t - g e n e r a l o f t h e S t a t e o f F l o r i d a c o p ie s
o f t h e m u s t e r r o l l s o f c e r t a i n m i l i t a r y o r g a n i z a t i o n s f ile d o r
d e p o s ite d in th e W a r D e p a r tm e n t o r o t h e r D e p a r tm e n ts o f th e
G o v e rn m e n t, w h ic h w a s r e a d tw ic e b y i t s t i t l e a n d r e f e r r e d to
th e C o m m itte e on M ilita r y A f f a ir s .
M r . G A L L I X G E R i n t r o d u c e d t h e f o l l o w i n g b i ll s , w h i c h w e r e
s e v e ra lly r e a d tw ic e b y t h e i r title s a n d r e f e r r e d to th e C o m ­
m itte e o n P u b lic H e a lth a n d N a tio n a l Q u a r a n tin e :
A b i l l ( S . 6 1 0 1 ) t o p r o m o t e t h e e ffic ie n c y o f t h e P u b l i c H e a l t h
a n d M a rin e - H o s p ita l S e r v ic e ; a n d
A b i l l ( S . 6 1 0 2 ) to f u r t h e r p r o t e c t t h e p u b l i c h e a l t h , a n d im ­
p o s in g a d d itio n a l d u tie s u p o n th e P u b lic H e a lth a n d M a rin e H o s p ita l S e rv ic e .
H e a ls o In tro d u c e d a b ill ( S . 6 1 0 3 ) g r a n tin g a n in c r e a s e
o f p e n s io n to A b ra m B ic k fo rd , w h ic h w a s r e a d tw ic e b y i ts title
a n d r e f e r r e d to t h e C o m m itte e o n P e n s io n s .
H e a l s o i n t r o d u c e d a b i ll ( S . 6 1 0 4 ) t o c o m p e n s a t e t h e c o m ­
m is s io n e rs to re v is e th e s t a tu t e s r e la tin g to p a te n ts , t r a d e a n d
o th e r m a r k s , a n d tr a d e a n d c o m m e rc ia l n a m e s f o r s e rv ic e s
re n d e re d , w h ic h w a s r e a d tw ic e by its title a n d r e f e r r e d to th e
C o m m itte e o n P a te n ts .
M r. M A R T IN in tr o d u c e d a b ill (S . 6 1 0 5 ) f o r th e r e lie f o f p e n ­
s i o n e r s o f t h e M e t r o p o l i t a n p o l ic e f u n d , w h i c h w a s r e a d t w i c e
b y i t s t i t l e a n d , w i t h t h e a c c o m p a n y i n g p a p e r s , r e f e r r e d to t h e
C o m m itte e o n t h e D i s t r i c t o f C o lu m b ia .
H e a ls o in tr o d u c e d a b ill (S . 6 1 0 6 ) m a k in g a p p r o p r ia tio n fo r
d r e d g in g a c h a n n e l in t h e s o u th e r n b r a n c h o f t h e E liz a b e th
R iv e r fro m th e d r a w b r id g e o f th e B e lt L in e R a ilw a y to th e
d r a w b r id g e o f th e N o rfo lk a n d W e s te rn R a ilw a y C o m p a n y ,
w h ic h w a s r e a d tw ic e b y i ts t it l e a n d r e f e r r e d to th e C o m m itte e
o n C o m m e rc e. N
M r. D IX O N in tr o d u c e d a b ill (S . 6 1 0 7 ) g r a n ti n g a n in c r e a s e
o f p e n s io n to J o h n W . W in s le tt, w h ic h w a s r e a d tw ic e b y i ts
title a n d , w ith th e a c c o m p a n y in g p a p e r, r e fe r r e d to th e C om ­
m itte e o n P e n s io n s .
M r . C U L L O M i n t r o d u c e d t h e f o l l o w i n g b i ll s , w h i c h w e r e
s e v e ra lly r e a d tw ic e b y t h e i r t it l e s a n d r e f e r r e d to th e C o m ­
m itte e o n P e n s io n s :
A b ill ( S . 6 1 0 8 ) g r a n tin g a n in c r e a s e o f p e n s io n to T h e o d o r e
R. S te a rn s ;
A b ill ( S . 6 1 0 9 ) g r a n tin g a n in c r e a s e o f p e n s io n to F e r d i n a n d
W e ils ; a n d
A b ill (S . 0 1 1 0 ) g r a n ti n g a n in c r e a s e o f p e n s io n to T im o th y
B o s w e ll ( w ith a n a c c o m p a n y in g p a p e r ) .
M r. F R Y E in tr o d u c e d a b ill ( S . 6 1 1 1 ) g r a n ti n g a p e n s io n to
M illia m I I . A tk in s , w h ic h w a s r e a d tw ic e b y i t s t itle a n d re ­
f e r r e d to th e C o m m itte e o n P e n s io n s .
M r. F R A Z I E I t in tr o d u c e d a b ill ( S . 6 1 1 2 ) f o r t h e r e li e f o f
th e P r e s b y te r ia n C h u r c h o f t h e U n ite d S t a te s o f A m e ric a , o f
F a y e t t e v i l l e , T e n n .. f o r m e r l y k n o w n a s t h e C u m b e r l a n d P r e s b y ­
t e r i a n C h u r c h o f F a y e tte v ille , T e n n ., w h ic h w a s r e a d tw ic e b y
i ts t it l e a n d , w ith th e a c c o m p a n y in g p a p e r, r e f e r r e d to th e C o m ­
m itte e o n C la im s .
—^
/ M r . O W E N i n t r o d u c e d t h e f o l l o w i n g b i ll s , w h i c h w e r e s e v ­
e r a lly r e a d tw ic e b y t h e i r t i t l e s a n d r e f e r r e d to th e C o m m itte e
o n P u b lic B u ild in g s a n d G r o u n d s :
A b i ll ( S . 6 1 1 3 ) p r o v i d i n g f o r t h e e r e c t i o n o f a p u b l i c b u i l d
in g a t M u s k o g e e , O k la .;
A b ill <S. 6 1 1 4 ) p ro v id in g f o r th e e r e c tio n o f a p u b lic b u ild
in g a t E n id , O k l a . ;
A b ill ( S . 6 1 1 5 ) p r o v id in g f o r th e e r e c tio n o f a p u b lic b u ild
in g a t A rd m o re , O k la .;
A b ill ( S . 6 1 1 6 ) p r o v id in g f o r th e e r e c tio n o f a p u b lic b u ild
in g a t M c A le s te r, O k l a . ;
L.

A b ill ( S . 6 1 1 7 ) p ro v id in g f o r t h e e r e c tio n o f a p u b lic b u ild
in g a t T u ls a , O k la .;
A
in g
A
in g
A
in g
A
in g
A
in g
A
in g

b ill (S . 6 1 1 8 ) p ro v id in g
a t B a rtle s v ille , O k la .;
b ill (S . 6 1 1 9 ) p r o v id in g
a t L a w to n , O k la .;
b i ll ( S . 6 1 2 0 ) p r o v i d i n g
a t C h ic k a sh a , O k la .;
b ill (S . 6 1 2 1 ) p r o v id in g
a t V in ita , O k la .;
b ill ( S . 6 1 2 2 ) p ro v id in g
a t E lre n o , O k l a . ;
b i ll ( S . 6 1 2 3 ) p r o v i d i n g
a t A u a d a r k o , O k la .;

f o r t h e e r e c tio n o f a p u b lic b u ild
f o r t h e e r e c tio n o f a p u b lic b u ild
f o r t h e e r e c tio n o f a p u b lic b u ild
f o r th e e r e c tio n o f a p u b lic b u ild
f o r t h e e r e c tio n o f a p u b lic b u ild
f o r th e e r e c tio n o f a p u b lic b u ild

A b i ll ( S . 6 1 2 4 ) p r o v i d i n g f o r t b e e r e c t i o n o f a p u b l ic b u i l d ­
in g a t W o o d w a r d , O k l a .; a n d
A b ill ( S . 6 1 2 5 ) p r o v i d i n g f o r t b e e r e c ti o n o f a p u b l ic b u i l d ­
in g a t A lv a , O k la .
M r . d u P O N T i n t r o d u c e d a b i ll ( S . 6 1 2 6 ) t o p r o v i d e f o r t h e
p u r c h a s e o f a s i t e a n d t h e e r e c t i o n o f a p u b l ic b u i l d i n g t h e r e o n
in t h e c i t y o f N e w c a s tle , S t a t e o f D e l a w a r e , w h i c h w a s r e a d
t w i c e b y i t s t i t l e a n d r e f e r r e d t o t b e C o m m i t te e o n P u b l i c B u i l d ­
in g s a n d G r o u n d s .
M r . D E P E W i n tr o d u c e d a b i ll ( S . 6 1 2 7 ) t o c o r r e c t t h e m il i ­
t a r y r e c o r d o f H a r d i n g W e s to n , w h i c h w a s r e a d t w i c e b y i t s
t i t l e a n d r e f e r r e d to t h e C o m m i t te e o n M i l i t a r y A f f a ir s .
M r . N E L S O N i n t r o d u c e d a b ill ( S . 6 1 2 8 ) g r a n t i n g a p e n s i o n
to L u c y E . G re g o ry , w h ic h w a s r e a d tw ic e b y its t itle a n d r e ­
f e r r e d t o t h e C o m m i t te e o n P e n s i o n s .
M r. H O P K I N S i n t r o d u c e d t h e f o l lo w in g b ills , w h i c h w e r e
s e v e ra lly r e a d tw ic e b y th e i r tit l e s a n d r e f e r r e d to th e C o m ­
m itte e on P e n s io n s :
A b i ll ( S . 6 1 2 9 ) g r a n t i n g a p e n s io n t o W i l l i a m J . D o w e ll
( w ith a c c o m p a n y in g p a p e r ) ; a n d
A b ill ( S . 6 1 3 0 ) g r a n t i n g a n i n c r e a s e o f p e n s i o n t o D a n i e l
H u ll (w ith a c c o m p a n y in g p a p e r s ) .
H e a ls o i n t r o d u c e d a b i ll ( S . 0 1 3 1 ) t o a u t h o r i z e t h e c o n s t r u c ­
t io n o f a b r i d g e a c r o s s R o c k R i v e r , S t a t e o f I l l i n o i s , w h i c h w a s
r e a d t w i c e b y i t s t i t l e a n d r e f e r r e d t o t h e C o m m i t te e o n C o m ­
m e rc e .
M r. E L K I N S i n t r o d u c e d a b i l l ( S . 6 1 3 2 ) g r a n t i n g a p e n s io n
t o W il l ia m I l o b e r g , w h ic h w a s r e a d t w i c e b y i t s t i t l e a n d , w i t h
t h e a c c o m p a n y i n g p a p e r s , r e f e r r e d t o t h e C o m m i t te e o n P e n ­
s io n s .
H e a ls o i n t r o d u c e d a b i l l ( S . G 133) g r a n t i n g a p e n s i o n to
C h a r l e s D illo n , w h i c h w a s r e a d t w i c e b y i t s t i t l e a n d r e f e r r e d
t o t h e C o m m i t te e o n P e n s i o n s .
H e a ls o I n t r o d u c e d a b i ll ( S . 6 1 3 4 ) f o r t h e r e l i e f o f E d w a r d
T e a r n e y , a d m i n i s t r a t o r o f S a m u e l R i d e n o u r , d e c e a s e d , w h ic h
w a s r e a d t w i c e b y i t s t i t l e a n d r e f e r r e d t o t h e C o m m i t te e o n
C la im s .
M r. P I L E S i n t r o d u c e d a b i ll ( S . 6 1 3 5 ) p r o v i d i n g f o r t b e d i s ­
p o s a l o f t h e i n t e r e s t s o f I n d i a n m i n o r s in r e a l e s t a t e in Y a k i m a
I n d i a n R e s e r v a t i o n , W a s h ., w h i c h w a s r e a d t w i c e b y i t s t i t l e
a n d r e f e r r e d t o t h e C o m m i t te e o n I n d i a n A f f a ir s .

I will say in presenting the resolution, that I do not wish to
be understood as reflecting on tbe committee or any members of
R, or charging them with any disposition to smother the bill I
rea .ze that the committee is so busily engaged with hearings on
matters pertaining to other hills that it is not going to be ab™
SnltofsiM ? 1 bl1* aud consi(ler ^ any further, and therefore I
S
.haH ask later on for the consideration of the resolution
M?
i
DENT^J hG resoIllti011 wHl lie on the table.
Vu
subsequently said: Before the Senator from
.orti1 Carolina [Mr. Simmons] commences his address I asl'
him to yield to me for just a moment.
’
x
t
'

M r. S IM M O N S .
t

^Ir-

C e rta in ly .

■FULTON. I see that the chairman of the Committee on

is now in the Senate Chamber. I wish to
a 1 his attention to the resolution which I offered discharging
I t S T c o n s i d e r a t i o n
of Senate bm 423.
I take it that tbe Senator will not object to the resolution and
therefore it might, perhaps, be adopted without any waste 0f
me. I am quite sure the Senator does not care to detain the
bill any longer, because the committee is not considering it. I
haie offered the resolution as much as anything else to relieve
committee01,
^ embarrassment of detaining the bill in his
ELP NS‘ 1 ask
v
the resolution be read. I was not in
the Chamber when it was offered.
The VICE-PRESIDENT. The Secretary will read the resolutl0rm aV be bluest of the Senator from West Virginia.
The Secretary again read the resolution.

of the S e ™ S' 1 aSk tllat tta bm be reaii f0r the
Tie VICE-PRESIDENT. The bill is not at the Secretary’s
lleS;.
before the Committee on Interstate Commerce.

Mi. ELKINS. I thought perhaps it was at the desk
Mr. President, I want to say in behalf of the committee that
Lto
‘ Ji1 t iCre has been any unnecessary delay, or any
*
t
^ comnnttee could help, in the consideration of this
be
bill. It was promptly referred to tbe Interstate Commerce Com­
mission for a report, which was in due season made to tbe
committee, unfavorable to tbe bill introduced by tbe Senator
from Oregon.
Mr, FULTON. I do not understand the Senator.
AMENDMENT TO AGRICULTURAL APPROPRIATION BILL.
Mr. ELKINS. I say the bill was promptly referred, early
M r . D I X O N s u b m i t t e d a n a m e n d m e n t p r o v i d i n g f o r t h e a tor its introduction by tbe Senator, to the Interstate Com­
a c q u i s i t i o n o f a s i t e a n d t h e e r e c t i o n o f a b u i l d i n g f o r t h e merce Commission, and the Interstate Commerce Commission
reported unfavorably on the bill.
W e a t h e r B u r e a u , a t M is s o u la , M o n t., i n t e n d e d t o b e p r o p o s e d
Mr. FULTON. The Interstate Commerce Commission re­
b y h im t o t h e a g r i c u l t u r a l a p p r o p r i a t i o n b ill, w h i c h w a s r e f e r r e d
ported against certain features or provisions of tbe bill. The
t o t h e C o m m i t te e o n A g r i c u l t u r e a n d F o r e s t r y a n d o r d e r e d to
be p rin te d .
Senator recalls very well that I appeared before bis com­
mittee and accepted the recommendation of the Interstate Com­
AMENDMENTS TO OMNIBUS CLAIMS BILL.
M r. G A L L I N G E R s u b m i t t e d a n a m e n d m e n t i n t e n d e d t o b e merce Commission. The Interstate Commerce Commission sim­
p r o p o s e d b y h i m t o H o u s e b i l l 1 5 3 7 2 , k n o w n a s t b e “ o m n ib u s ply desired certain changes and then recommended the bill
favorably.
*
c l a i m s b i l l , ” w h i c h w a s o r d e r e d to b e p r i n t e d a n d , w i t h t h e
But, Mr. President, I do not wish to infringe on the time of the
a c c o m p a n y i n g p a p e r , r e f e r r e d t o t h e C o m m i t te e o n C la im s .
M r. F R A Z I E R s u b m i t t e d a n a m e n d m e n t i n t e n d e d t o b e p r o ­ Senator from North Carolina, who is prepared to address the
p o s e d b y h im t o H o u s e b i ll 1 5 3 7 2 , k n o w n a s t h e “ o m n ib u s Senate this morning. I will ask, if the Senator from West
\irgima has no objection, that the matter may lie over until
.c i.a im s b i ll , ” w h ic h w a s r e f e r r e d t o t h e C o m m i t te e o n C l a i m s
after the Senator from North Carolina has concluded his re­
m n l o rd e re d to be p rin te d .
marks.
M r. E L K I N S s u b m i t t e d s e v e n a m e n d m e n t s i n t e n d e d t o b e
P r o p o s e d b y h im to H o u s e b i ll 1 5 3 7 2 , k n o w n a s t h e “ o m n ib u s
c , n is M U ,” w h ic h w e r e r e f e r r e d t o t h e C o m m i t te e o n C la im s
a n d o rd e re d to be p rin te d .
M r. S C O T T s u b m i t t e d a n a m e n d m e n t i n t e n d e d t o b e p r o p o s e d
y in n to H o u s e b ill 1 5 3 7 2 , k n o w n a s t h e “ o m n ib u s c la i m s
. w h ic b w a s o r d e re d to b e p r in te d a n d , w ith th e a c c o m ­
p a n y in g p a p e r , r e f e r r e d to t h e C o m m i t te e o n C la im s .

J1
”1,

AMENDMENTS TO FINANCIAL BILL.

M r FU LTO N
p o s e d b y h im to
i n g la w s , w h ic h
M r. N E L S O N
p o s e d b y h im to
in g la w s , w h i c h

s u b m itte d a n a m e n d m e n t in te n d e d to be p ro ­
t h e b ill ( S . 3 0 2 3 ) t o a m e n d t h e n a t i o n a l b a n k ­
w a s o r d e r e d t o l ie o n t h e t a b l e a n d b e p r i n t e d .
s u b m itte d a n a m e n d m e n t in te n d e d to b e p ro ­
t h e b ill ( S . 3 0 2 3 ) t o a m e n d t h e n a t i o n a l b a n k ­
w a s o r d e r e d to lie o n t h e t a b l e a n d b e p r i n t e d .

INTERSTATE-COMMERCE REGULATIONS.

M r. F U L T O N s u b m i t t e d t h e f o l lo w in g r e s o l u ti o n , w h i c h w a s
re a d :

Resolved, T h at the Com m ittee on Interstate Commerce be. and It Is
hereby, discharged from further consideration of the bill (S. 4 2 3 ) to
ptnend section 6 of an act entitled “ An act to repulate commerce,” and
*s hereby instructed to report said bill to the Senate.
M r. F U L T O N . M r . P r e s i d e n t , I s e e t h a t t h e c h a i r m a n o f t h e
C o m m i t te e o n I n t e r s t a t e C o m m e r c e i s n o t p r e s e n t i n t h e S e n a te
t h i s m o r n in g . H e n c e I w ill n o t a s k f o r t h e p r e s e n t c o n s i d e r a ­
t i o n o f t h e r e s o l u ti o n . I w i l l a s k t h a t i t m a y l ie o n t h e ta b l e ,
a n d I m ay c a ll i t u p la te r.




Mr. ELKINS. Mr. President, I can not allow that disposi­
tion of it without objection, for the reason that this is the
second time the Senator from Oregon has referred to delay
on the part of tbe Interstate Commerce Committee, and I want
to put the committee right before the Senate. I think it is but
fair to the committee that I should do so.
After the Interstate Commerce Commission reported against
the bill (and I will ask that their report be read), tbe Senator
Indicated a willingness to accept tbe amendment proposed by
the Interstate Commerce Commission, and made an argument
in favor uf his bill. I think some others appeared in favor of
the bill. After that the opponents of the bill, the railroad com­
panies, asked that they might be heard.
The bill was referred to a subcommittee anu it is now in the
hands of a subcommittee to consider tbe amendment recom­
mended by the Interstate Commerce Commission. In order to
facilitate the hearing and to expedite action on the bill, the
subcommittee was empowered to have hearings separate’ and
apart from the full committee. I do not see the chairman of
that subcommittee in the Senate. The junior Senator from
Mississippi [Mr. McLaurin] is the chairman of the subcommit­
tee. and he tells me that lie is doing all he can to have the
hearings, that tbe subcommittee may be informed and report in­
telligently when the hearings are concluded.

Mr. President, I think it is unfair to the committee to intro
duee this resolution. It reflects upon the committee and it is
entirely unjust. I have tried, and I think the committee have

CONGRESSIONAL RECORD— SENATE.

M arch 13,

tried, and have been disposed to facilitate the hearing. The p o s s ib l e , o r a t l e a s t a t t h e e a r l i e s t a v a i l a b l e o p p o r t u n i t y , I
Senator said he wanted to depart for his State about the loth, s h a l l c a l l i t u p a g a i n a n d I s h a l l s h o w to t h e S e n a t e t h a t w i t h
and we have tried more than in the case of any other bill before t h e a m e n d m e n t r e c o m m e n d e d b y t h e C o m m i s s io n , w h i c h I a p ­
the committee to get a c t i o n on it I submit it is not fair, w h e n p e a r e d b e f o r e t h e c o m m i t t e e a n d a c c e p t e d , a n d w h i c h t h e s u b ­
the railroad companies want to be heard on the bill and bring c o m m i t t e e u n a n i m o u s l y a g r e e d t o , t h e b i l l i s r e c o m m e n d e d a n d
their attorneys and experts thousands of miles to be heard, i n d o r s e d b y t h e I n t e r s t a t e C o m m e r c e C o m m i s s io n a n d h a s t h e
a p p r o v a l o f e v e r y m e m b e r o f t h a t C o m m i s s io n .
to deny them a hearing.
I s h a ll n o t f u r t h e r d is c u s s t h e m a t t e r a t t h i s m o m e n t. I
I will ask that the letter from the Interstate Commerce Com­
s h a ll c a ll i t u p la te r.
mission, reporting against the bill, be read.
Mr. CULBERSON. I suggest to the Senator from W est
CERTAIN LAND IN THE DISTRICT OF COLUMBIA.
Virginia, in view of the notice given by the Senator from North
M r. C A R T E R . M r. P r e s id e n t, I d e s ir e to m a k e , b rie fly , so m e
Carolina, that he might have the communication printed in the r e m a r k s ; b u t a s t h e S e n a t o r f r o m N o r t h C a r o l i n a [ M r . S i m ­
R ecord without taking up the time by having it read.
m o n s ] g a v e n o tic e o f h is in te n tio n to s p e a k t h i s m o rn in g , I w ill
Mr. FULTON. I was going to ask—
w ith h o ld m y o b s e r v a tio n s u n til th e c o n c lu s io n o f h is r e m a r k s .
Mr. ELKINS. I should like to have the letter read.
PRESIDENTIAL APPROVALS.
The VICE-PRESIDENT. Is there objection to the reading
A m e s s a g e f r o m t h e P r e s i d e n t o f t h e U n i t e d S t a t e s , b y M r.
of the letter?
_
,
Mr. CULBERSON. I object, and ask for the regular order. M . C . L atta , o n e o f his s e c r e t a r i e s , a n n o u n c e d t h a t t h e P r e s i ­
d e n t h a d a p p ro v e d a n d s ig n e d th e fo llo w in g a c t s ;
Mr. BURROWS. I ask for the regular order.
O n M a r c h 10, 1908, t h e P r e s i d e n t a p p r o v e d a b ill o f th e f o l­
The VICE-PRESIDENT. The regular order is demanded.
Mr. FORAKER. Is there objection to the reading of the l o w i n g n u m b e r a n d t i t l e :
S. 3 9 4 1 . A n a c t to a m e n d s e c tio n 4 o f a n a c t e n title d “ A n a c t
letter?
ev
u l
The VICE-PRESIDENT. Objection is interposed to the tFoe bprru a reyn t2 5 , n 1a w5f.u l o c c u p a n c y o f t h e p u b l i c l a n d s ,” a p p r o v e d
88
reading of the letter.
. . ,
O n M a rc h 11, 1 9 0 8 :
Mr. CULBERSON. I have no objection to its being printed
S. 4 3 5 1 . A n a c t f o r t h e r e li e f o f t h e A la s k a P a c ific R a ilw a y
in the R e c o b d .
,
,
.
a n d T e rm in a l C o m p a n y ; a n d
Mr. FORAKER. Can not the letter be read as a part of the
S . 3 4 0 0 . A n a c t t o e x t e n d the t i m e o f p a y m e n t s o n c e r t a i n
remarks of the Senator from West Virginia?
h o m e s t e a d e n t r i e s in Oklahoma
Mr. ELKINS. It is very short.
O n M a rch 1 3 :
Mr. FORAKER. It is a letter I have been trying to read or
S. 5155. A n a c t a u th o riz in g th e e x c h a n g e o f la n d s fo r th e e n ­
have read ever since it was received in the committee, and I
la rg e m e n t o f m a n e u v e rin g g ro u n d s.
thought I was about to be gratified in that respect.
INDIAN APPROPRIATION BILL.
Mr. ELKINS. I will read it as a part of my remarks.
Mr CULBERSON. The Senator from North Carolina sug­
M r. C L A P P ,
I d e s ire to s u b m it th e c o n fe re n c e r e p o r t on th e
gests that the reading of it will not interfere with him, and I I n d i a n a p p r o p r i a t i o n b i l l . I n v i e w o f t h e p r o p o s e d s p e e c h o f
therefore withdraw the objection.
t h e S e n a to r f r o m N o r th C a r o lin a , I w ill d e f e r a c tio n u p o n i t
u n t il a f t e r h e c o n c lu d e s .
Mr FORAKER. It will take only a few minutes.
The VICE-PRESIDENT. The objection is withdrawn, and
T h e r e p o r t w a s s u b m itte d , a s f o llo w s ;
the Secretary will read the letter, as requested.
The Secretary read as follows:
T h e c o m m itte e o f c o n fe re n c e o n t h e d is a g r e e in g v o te s o f th e
I nterstate C ommerce C o m m iss io n ,

'Washington, January S9, 1908.

H on.

S teph en B . E l k in s ,
.
Chairman Committee on Interstate Commerce,
United States Senate, Washington, D. C.

I ) e \b S i b : T h e I n te rs ta te Com m erce C om m ission has the honor to
Rnhmit the fo llo w in g in response to yo u r com m u nication o f 2 4 th in sta n t,
t r n n s m it t in " a bill (S . 4 2 3 ) to am end section 6 o f the a ct to regu late
commerce fntroduced by Senator F ulton D ecem ber 4 . 1 9 0 7 , and reo u e s t in " the C om m ission to “ ad vise the com m ittee before its next
meeting’ J an u ary 3 1 , th eir opin ion o f said bill an d w b a t action they
,
W W h i l s f t h ? v K D f the en tire C om m ission can n o t be definitely
o
ascertain ed w ith in the tim e nam ed, because o f absences on o ffla a l bu si­
ness, a m a jo rity o f the C om m ission ers, and probably a ll o f them , w ould
n o t be disposed to favor the en actm en t o f th is m easure.
..
T o give to the protest o f a single shipper the effect o f preventing
the ad van ce o f an y rate un til the reasonablen ess o f th a t ad vance w as
affirm atively determ ined by the C om m ission w ould estab lish a hard
and f a s t rule o f d o u b tfu l fa irn e ss to th e railroad s and questionable
ad v a n ta g e to the public.
U nder e x istin g con ditions, we are o f tne
opin ion
th a t it w ould be unw ise to adopt th e arb itrary lim ita tio n
w hich th is bill proposes, w h atev er m ay be foun d desirable or neces­
s a ry in th is regard in the fu tu re .
I t is fu rth e r to be observed th a t the psasage o f such a bill a t th is
tim e would im pose a burden upon the C om m ission w hich it ou gh t not
to be asked to undertake.
I f every proposed ad vance had to be in v esti­
g ated bv the C om m ission and officially sanctioned before it could take
effect th e num ber o f cases to be considered w ould presum ably be so
g r e a t ’ as to render th eir p rom pt disp o sition a lm o s t im possible.
In in ­
stan ces o f ju stifia b le increase the necessary d e lay resu ltin g from the
probable volu m e o f cases w ould w ork in ju stice to the carriers.
U n til
con ditions becom e m ore stable and the su b sta n tive provision s o f the
a ct are m ore com p letely observed in ra ilw a y tariffs and practices we
en te rta in th e belief th a t a w ider latitu d e o f d iscretion on the part o f
carriers th a n th is m easure allo w s should be perm itted.
It is also suggested th a t the p ra ctical effect o f the proposed am en d­
m ent m igh t be to prevent v olu n tary reductions o f rates by the carriers.
I f no rate could be increased w ith o u t the ap proval o f the C om m ission
a fte r affirm ative sh o w in g by the carrier, it m ight happen th a t m any
reductions now v o lu n ta rily accorded w ould not be m ade.
T h is su b ject o f rate ad van ces w as discussed In our recent an nual
report to the C ongress, and th a t portion o f the report is tran sm itted
herew ith for the in fo rm a tio n o f your com m ittee.
I t concludes w ith a
recom m endation relatin g to the m a tter in question, in w hich the entire
C om m ission concurred, and th a t recom m endation Is now resp ectfu lly
renew ed.
V e ry resp ectfu lly ,
Martin A . K napp , Chairman.

Mr. SIMMONS rose.
M r. F U L T O N .
W ill th e S e n a to r f r o m N o r th C a r o lin a a llo w
m e a w o rd , a n d th e n I w ill le t th e m a tte r g o o v e r u n til a s u b ­
s e q u e n t tim e ?
M r. S IM M O N S . I y ie ld to t h e S e n a to r .
M r. F L L T O N .
I d o n o t w is h to t a k e u p th e tim e o f th e
S e n a to r fro m N o r th C a ro lin a , a n d th e r e f o r e I w ill r e f r a in fro m
d is c u s s in g t h e m a t t e r a t t h i s tim e , b u t l a t e r in t h e d a y , i f




t w o H o u s e s o n the a m e n d m e n t s o f t h e S e n a t e t o t h e b i ll ( H . R .
1 5219) m a k in g a p p r o p r ia tio n s f o r th e c u r r e n t a n d c o n tin g e n t
e x p e n s e s o f the I n d i a n D e p a r t m e n t , f o r f u l f i l l i n g t r e a t y s t i p u l a 1io u s w i t h v a r i o u s I n d i a n t r i b e s , a n d f o r o t h e r p u r p o s e s , f o r
t h e f is c a l y e a r e n d i n g J u n e 3 0 , 1 9 0 9 , h a v i n g m e t , a f t e r f u l l a n d
f r e e c o n fe re n c e h a v e a g re e d to re c o m m e n d a n d d o re c o m m e n d to
t h e i r re s p e c tiv e H o u s e s a s f o llo w s :
T h a t t h e S e n a t e r e c e d e f r o m i t s a m e n d m e n t s n u m b e r e d 2 1 , 22 ,
2 3 , 2 4 , 4 9 , 5 2 , 5 4 , 5 5 , 5 0 , 5 7 , 5 8 , 6 0 , G l, 0 2 , 0 3 , 6 4 , Go, 6 0 , 68 , 6 9 ,
73, 75, 85, 94, 99, 100.
T h a t th e H o u s e re c e d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t s o f t h e S e n a t e n u m b e r e d 1, 2, 3 , 6 , 7, 8 , 9 , 10, 11 , 1 3 , 1 4 , 1 5 ,
1 6 , 1 8 , 19, 2 0 , 2 5 , 2 0 , 2 9 , 3 0 , 3 2 , 3 4 , 3 6 , 3 7 , 4 0 , 4 1 , 4 4 , 4 5 , 4 6 , 47 ,
4 8 , oO, 6 7 , 7 7 , 7 8 , 8 0 , 8 2 , S 3, SO, 8 7 , 8 9 , 9 1 , 9 3 , 1 0 2 , 1 0 4 , a n d a g r e e
to th e sa m e .
T h a t th e H o u s e re c e d e fro m its d is a g r e e m e n t to th e a m e n d ­
m e n t o f th e S e n a te n u m b e re d 4, a n d a g r e e to th e s a m e w ith a n
a m e n d m e n t a s fo llo w s : S trik e o u t a ll o f s a id a m e n d m e n t and
in s e rt:
" T h e S e c r e ta r y o f th e I n t e r i o r s h a ll ta k e p o s s e s s io n o f a ll
b u ild in g s o n l a n d s b e lo n g in g to t h e F iv e C iv iliz e d T r ib e s , n o w
o r h e r e t o f o r e u s e d f o r g o v e r n m e n t a l , s c h o o l, o r o t h e r t r i b a l p u r ­
po ses, to g e th e r w ith th e f u r n itu r e th e re in a n d th e la n d a p p e r­
t a in in g th e r e to , a n d a p p r a is e a n d se ll th e s a m e a t s u c h tim e
a n d u n d e r su c h ru le s a n d re g u la tio n s a s h e m a y p re sc rib e , a n d
d e p o s it th e p ro c e e d s, le s s e x p e n s e s in c id e n t to th e a p p r a is e m e n t
a n d sa le , in th e T r e a s u r y o f th e U n ite d S t a te s to th e c r e d it o f
t h e tr ib e s re s p e c tiv e ly o w n in g th e s a id la n d a n d im p ro v e m e n ts ,
a n d im m e d ia te ly a f t e r a n y s u c h s a le p a te n ts f o r t h e r e a lty th u s
s o ld s h a ll b e m a d e a n d d e liv e re d in t h e s a m e m a n n e r a s n o w
p ro v id e d b y la w fo r o th e r tr ib a l p r o p e r ty :
Provided , T h a t
w h e n p r a c tic a b le p r e fe r e n c e r i g h t s h a ll b e g iv e n to t h e S ta te ,
c o u n tie s , a n d m u n ic ip a litie s o f O k la h o m a to p u r c h a s e s a id la n d s
a n d i m p r o v e m e n t s a t t h e a p p r a i s e d v a l u e : And provided, T h a t
p e n d in g s u c h a p p r a is e m e n t a n d s a le t h e S e c r e ta r y o f t h e In te ­
r io r m a y te m p o r a r ily le a s e s a id b u ild in g s a n d la n d s f o r th e
b e n e f i t o f t h e t r i b e s r e s p e c t i v e l y t o w h i c h t h e y b e lo n g . ”
A n d th e S e n a te a g re e to th e sa m e .
T h a t th e H o u s e re c e d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f t h e S e n a te n u m b e r e d 5, a n d a g r e e to t h e s a m e w ith
a n a m e n d m e n t a s fo llo w s : In lin e 2, a f te r th e w o rd “ a n d .
s tr ik e o u t th e w o rd s “ p u r c h a s e o f ; ” a n d th e S e n a te a g r e e to
th e sam e.
T h a t t h e H o u s e r e c e d e f r o m i t s d i s a g r e e m e n t t o t h e amend­
m e n t o f t h e S e n a te n u m b e r e d 12, a n d a g r e e to th e s a m e w ith

1908.

CONGRESSIONAL RECORD— SENATE.

f i f te e n h u n d r e d , t h r e e h u n d r e d l e s s t h a n a n y o t h e r a g e n t i n t h e
N o r t h w e s t i n t h a t D e p a r t m e n t , w h e n t h e c o m m i t t e e ’s r e p o r t
sh o w s t h a t h e h a s m o re p r o p e rty a n d m o re In d ia n s , o u ts id e o f
th e S io u x in S o u th D a k o ta , t h a n a n y a g e n t in th e s e rv ic e ? T h e
m i s e r a b l e p i t t a n c e o f $ 3 0 0 i s n o t a d d e d t o h i s s a l a r y o f $ 1 ,5 0 0 .
M r. C L A P P . T h a t is v e ry e a s ily e x p la in e d . T h e S e n a te
c o n f e r e e s w o u l d h a r d l y o n t h e i r o w n m o ti o n r e c e d e f r o m a S e n ­
a t e a m e n d m e n t , a n d i f t h e H o u s e c o n f e r e e s m a d e n o o b j e c t io n
to a S e n a te a m e n d m e n t, t h a t a m e n d m e n t w o u ld b e r e p o rte d
b a c k h e r e a s a g r e e d to , a s a m a t t e r o f c o u r s e , w h i l e i f t h e
H o u s e c o n fe re e s o b je c te d to a n o th e r a m e n d m e n t a n d w e h a d
to e n c o u n te r t h e i r o b je c tio n a n d a tt e m p t to o v e rc o m e it, w e
o f c o u r s e c o u ld o n l y d o t h a t b y i n d e f i n i t e p o s t p o n e m e n t , a n d
th e n p e r h a p s n o t su c c ee d . T h a t a c c o u n ts f o r th e f a c t t h a t o n e
a m e n d m e n t m a y b e re je c te d w h ile a n o th e r a m e n d m e n t, p e r ­
h a p s n o m o r e m e r i t o r i o u s , o r p o s s ib l y e v e n l e s s m e r i t o r i o u s , r e ­
m a i n s i n t h e b i ll . W e d i d n o t o u r s e l v e s s e e k t o s t r i k e o u t a n y
o f th e S e n a te a m e n d m e n ts .
M r. D IX O N . I w o u ld n o t f o r o n e m o m e n t s a y t h a t .
M r. C L A P P . W e o n l y y i e l d e d o n t h o s e a m e n d m e n t s w h e r e
th e H o u s e c o n fe re e s d id o b je c t to th e m . I f th e y m a d e n o o b ­
je c tio n to th e S o u th D a k o ta a m e n d m e n t, v e ry n a tu r a ll y i t w o u ld
r e m a i n i n t h e b ill,
M r. M c L A U R IN . W h a t I w is h to s a y Is t h a t i f t h e r e i s n o
p r o b a b i l i t y o f a c h a n g e b e in g m a d e i n t h e r e p o r t ( I t a k e i t t h a t
t h e c o n f e r e e s d i d a l l t h e y c o u ld t o s u s t a i n t h e a m e n d m e n t s p u t
o n t h e b ill b y t h e S e n a t e ) i t i s u s e l e s s t o d i s c u s s w h a t w e s h o u l d
lik e to h a v e , b e c a u s e w e h a v e to ta k e w h a t r e s u lts fro m th e
c o n fe re n c e .
M r. C L A P P . I s u g g e s t t h a t t h e S e n a t e c o n f e r e e s w o u l d n o t
b e in p o s i t i o n t o m a k e a v e r y s t r e n u o u s f ig h t i n b e h a l f o f t h e s e
a m e n d m e n ts . O f c o u rse , w h a t m a y b e th e r e s u lt I c a n n o t fo r e ­
see. I s h o u ld r e g r e t to se e th e r e p o r t go b a c k , b e c a u s e e v e ry
d a y I h a v e h a d t o p o s t p o n e t h i s m a t t e r o u t o f c o u r t e s y to S e n a ­
t o r s w h o w is h e d to s p e a k . I t w o u ld r e q u ir e a g r e a t d e a l o f
tim e .
M r . C A R T E R . M r . P r e s i d e n t , i t i s t r u e t h e a m o u n t i n v o lv e d
i n t h e a m e n d m e n t s a b o u t w h i c h d i s a g r e e m e n t h a s o c c u r r e d in
t h e c o n f e r e n c e i s n o t in t h e a g g r e g a t e l a r g e , b u t I t h i n k t h e r e
i s a p r i n c i p l e in v o lv e d in t h i s p r o c e e d in g w h i c h w e c a n n o t w e ll
d is re g a rd .
I n th e fir s t p la c e , i t a p p e a r s a m e n d m e n ts h a v e b e e n a g re e d to
w h i c h s e t o u t t h i s d i s a g r e e m e n t in b o ld l i n e s o f d i s c r i m i n a t i o n .
A ll t h e s e a m e n d m e n t s w e r e r e c o m m e n d e d b y t h e D e p a r t m e n t .
S o m e w e r e a d o p te d , a n d o t h e r s m o r e m e r i t o r i o u s , o f t h e e x a c t
c la s s , r e j e c t e d . M y c o ll e a g u e i s a m e m b e r o f t h e C o m m i t te e o n
I n d ia n A f f a ir s a n d s e e k s b u t a p riv ile g e w h ic h I t h in k e v e ry
S e n a t o r s h o u l d h a v e w h o i s i n t e r e s t e d in a n a m e n d m e n t , b e f o r e
i t i s d i s a g r e e d to , i f h e s h a l l e l e c t t o d e m a n d t h e p r i v il e g e , t o
w it, to m a k e a s ta te m e n t b e fo re th e c o m m itte e o f c o n fe re n c e .
T h a t is n o t a r ig h t.
M r. T E L L E R . T h a t is n o t a rig h t.
M r. C A R T E R . I d o n o t a s s e r t i t a s a r ig h t, b u t I s a y i t is a
p riv ile g e w h ic h I t h in k s h o u ld b e a c c o rd e d to a n y S e n a to r u p o n
m e r e r e q u e s t . M y c o ll e a g u e i n s i s t s t h a t t h e s e a m e n d m e n t s h a v e
b e e n r e g u la r ly re c o m m e n d e d ; t h a t th e r e is n o th in g to in v e s ti­
g a te 1 ; t h a t t h e a m e n d m e n t p r o p o s i n g f u r t h e r i n v e s t i g a t i o n a s a
s u b s t i t u t e f o r t h e o n e r e j e c t e d i s b u t a s k i n g t h e D e p a r t m e n t to
d o a g a in t h a t w h ic h it h a s h e r e to f o r e d o u e , a m e re r e p e titio n o f
p r o c e e d in g . T h e r e f o r e t h e s u b s t i t u t e i s o f n o v i r t u e a t a l l .
N o w , m y c o ll e a g u e I n s i s t s t h a t h e b e h e a r d u p o n t h e s e a m e n d ­
m e n ts b e fo re th e c o m m itte e o f c o n fe re n c e , a n d I th in k th e
c h a i r m a n w i l l a g r e e w i t h m e t h a t t h a t r e q u e s t i s e n t i t l e d to
c o n s id e ra tio n .
I b e li e v e u p o n a s t a t e m e n t o f t h e f a c t s b e f o r e
t h e c o n f e r e e s t h e y w i l l a g r e e t o o n e , i f n o t a ll , o f t h e s e a m e n d ­
m e n ts a s to w h ic h d is a g r e e m e n t h a s b e e n e n te re d .
T h e r e is
o n e a m e n d m e n t i n v o lv i n g a c o n s i d e r a b l e a m o u n t o f l e g i s l a t i o n
u p o n w h i c h m y c o ll e a g u e d o e s n o t i n s i s t , b u t a s t o t h o s e n o t
o b n o x i o u s t o t h e r u l e o f n e w l e g i s l a ti o n , m e r e ly i n v o lv i n g m a t ­
te r s re c o m m e n d e d by th e D e p a rtm e n t, I th in k th e r e s h o u ld be
u o q u e s t io n a t a l l , a n d I b e li e v e t h e S e n a t o r in c h a r g e o f t h e
b i ll , t h e c h a i r m a n o f t h e c o m m i tt e e , w i l l a g r e e t h a t t h e r e q u e s t
o f m y c o ll e a g u e i s e n t i r e l y r e a s o n a b l e a n d o u g h t t o b e
a c c e d e d to .
T h i s s e s s io n i s y e t y o u n g . W e a r e n o t in t h e c lo s in g d a y s .
T h e C o m m i t te e o n I n d i a n A f f a i r s h a s h u t o n e g r e a t d u t y to
p e r f o r m In t h e c o u r s e o f a s e s s io n , a n d t h a t i s t o s c r u t i n i z e ,
p r e p a r e , a n d s e c u r e t h e p a s s a g e o f t h i s a p p r o p r i a t i o n b ill.
T h e r e a r e y e t s i x t y d a y s r e m a i n i n g o f t h e s e s s io n ------M r . C L A P P . W il l t h e S e n a t o r p a r d o n a n i n t e r r u p t i o n ? T h a t
I s t r u e a s t o t h e c o m m i tt e e , b u t t h e m e m b e r s o f t h e c o m m i tt e e
h a v e so m e w o rk to d o h e re , a n d th is id e a o f s ittin g d a y a f t e r
d a y w a i t i n g u n t i l t h e c lo s in g h o u r s o f e a c h d a y i s t h e m a t t e r I
w a s r e f e r r i n g to .




33^1

M r. C A R T E R . I th in k th is r e p o r t c a n b e d is p o s e d o f w ith in
a n h o u r i f t h e m a t t e r i s g iv e n a h e a r i n g .
M r . T E L L E R . M r . P r e s i d e n t , I w a ll s a y t o t h e S e n a t o r s f r o m
M o n t a n a t h a t I s h o u l d h a v e b e e n v e r y g l a d t o h a v e seen t h e s e
a m e n d m e n t s m a i n t a i n e d , b u t I c a n n o t a ll o w t h e s t a t e m e n t m a d e
b y th e s e n io r S e n a to r fro m M o n ta n a to go u n q u e s tio n e d t h a t i t
is a r ig h t, o r e v e n a c u s to m , o f S e n a to r s to a p p e a r b e fo re
c o n f e r e n c e c o m m i tt e e s .
M r. C A R T E R .
I u s e d t h e w o rd “ p r iv ile g e .”
M r. T E L L E R . I t is n o t a p riv ile g e . T h e r e a r e so m e C o n fe r­
e n c e c o m m i t t e e s w h i c h a b s o l u t e l y d e c l i n e t o h e a r a n y o n e w hen
th e y g e t in to c o n fe re n c e .
M y e x p e rie n c e h a s b e en t h a t v e ry
r a r e ly in d e e d is a n y o n e h e a r d b e fo re a c o m m itte e o f c o n fe re n c e .
T h e r e m a y h a v e b e e n e x c e p ti o n s , a n d I t h i n k t h e r e h a v e b e e n ,
b u t th e y a re v e ry ra re .
. t a m n o t g o in g t o o b j e c t t o t h e S e n a t o r f r o m M o n t a n a a p p e a r ­
in g b e fo re th e c o n fe re n c e , b e c a u s e t h a t is a q u e s tio n I d o n o t
h a v e a n y t h i n g t o d o w i t h . I d o n o t w i s h to h a v e i t e s t a b l i s h e d
h e r e t h a t a n y o n e h a s a r ig h t to go b e fo re a c o n fe re n c e com n u t t e e - T h a t th e c o n fe re n c e c o m m itte e m u s t s e ttle f o r its e lf .
M r . D I X O N . M r . P r e s i d e n t , j u s t a w o r d in s u p p o r t o f w h a t
I a p p r e h e n d e d w a s , in th e p r e s s o f b u s in e s s b e fo re th e conl e r e e s , a n o v e r s i g h t . H e r e i s $ 3 0 ,0 0 0 f o r t h e W a n d e r i n g b a n d
o f C h ip p e w a ^ I n d i a n s . I p e r s o n a l l y k n o w t h e i r c o n d it i o n . T h e
m a t t e r w a s i n v e s t i g a t e d tw o o r t h r e e y e a r s a g o . I k n o w t h e y
a r e s ta r v in g a n d h u n g ry , d y in g b y th e sc o re e v e ry y e a r. I t is
m e re ly a m a t t e r o f h u m a n ity to p u r c h a s e la n d fo r th e s e o n e
h u n d re d I n d ia n s w h o w e re W e st fro m th e re s e rv a tio n w h e n th e
l a n d s w e r e a l l o t t e d . I I o w c a n I o n t h i s f lo o r, o r m y c o ll e a g u e
fro m M o n ta n a , c o n s is te n tly a g re e to th is r e p o rt w h e n w e k n o w
t h e b i l l c a r r i e s $ 5 0 ,0 0 0 f o r t h e h o m e l e s s I n d i a n s in C a l i f o r n i a
T h e b i ll l a s t y e a r c a r r i e d $ 5 0 ,0 0 0 . i f I r e c a l l i t , f o r t h e h o m e l e s s
I n d i a n s in C a l i f o r n i a . T h e r e i s $50,000 i n t h i s b i l l -------M r . C L A P P . T h e S e n a t o r w i l l p a r d o n m e . T h e b i ll l a s t y e a r
c a r r ie d a h u n d r e d th o u s a n d d o lla rs .
M r. D IX O N . A h u n d r e d th o u s a n d d o lla rs , o r w h a te v e r it w a s.
a n d $ 5 0 ,0 0 0 t h i s y e a r .
M r. C L A P P . B u t t h e r e w a s a n in e o m p l e t e d p l a n t t h a t h a d
b e e n in a u g u r a te d , a n d th e p le a w a s m a d e , a n d I th in k it a
s tr o n g on e, t h a t a la r g e a m o u n t o f th e m o n e y s p e n t w o u ld b e
l o s t u n l e s s e n o u g h w a s a p p r o p r i a t e d t o c o m p l e te t h e p l a n t .
M r . C U R T I S . T h e l a n d h a d a l r e a d y been p ic k e d o u t .
M r . C L A P P . T h e l a n d h a d a l r e a d y b e e n p ic k e d o u t a n d
p a r t l y b o u g h t.
M r. D IX O N . I h a v e o n m y d e s k a l e t t e r fro m , w r i t te n
w ith in th e la s t te n d a y s , C h ie f R o c k y B oy, o f th e W a n d e rin g
b a n d o f C h ip p e w a s ; a n d w e a r e to b u y th e la n d f o r h im a n d
h i s c h i l d r e n ; a b o u t o n e h u n d r e d o f t h e m . T h e o ld m a n t h i n k s
t h i s b i ll h a s a l r e a d y p a s s e d C o n g r e s s , b e c a u s e I w r o t e h i m t h a t
i t h a d p a s s e d t h e S e n a te , a n d t h a t t h e i te m h a d g o n e i n t o t h e
I n d i a n a p p r o p r i a t i o n b i ll a s a n a m e n d m e n t , a n d I a p p r e h e n d e d
t h a t n o q u e s tio n w o u ld b e r a is e d a b o u t it. H e s a id “ B u t fo r
th is , I a n d m y c h ild re n , so m e o f th e m , w o u ld b e d e a d b e fo re
s n o w f lie s t h i s f a l l . ”
I t i s a n e m e r g e n c y c a s e , a n d I d o b e lie v e , i f t h e c o n f e r e e s
h a d a t l e a s t a c c o r d e d s o m e o n e t h e p r i v i l e g e o f m e r e ly e x p l a i n ­
i n g t h e c o n d it i o n , t h e r e w o u l d h a v e b e e n n o q u e s t i o n b y a n y
g e n tle m a n e ith e r o f th e H o u s e o r o f th e S e n a te a s to a m e n d ­
m e n t 5 3 r e m a i n i n g i n t h e b ill. I t h i n k i t n o m o r e t h a n r i g h t.
M r . C L A P P . I n v ie w o f t h e p o s s ib l e r e s u l t o f a c a l l o f t h e
S e n a te , I w ill a s k to h a v e t h e m a t t e r p a s s e d o v e r fo r th e d a y .
M r . D I X O N . I w i l l s a y t o t h e S e n a t o r f r o m M in n e s o ta t h a t ,
w i t h o u t c o m p a r i n g p r o c e e d in g s in t h e H o u s e a n d in t h e S e n a t e —
a n d I c o n f e s s I k n o w v e r y l i t t l e a b o u t t h e m e th o d o f p r o c e d u r e
h e r e — I k n o w in th e H o u s e m a n y tim e s w e h a v e in s tr u c te d th e
c o n f e r e e s a s t o m a t t e r s i n c o n f e r e n c e . W o u ld i t b e a n y t h i n g
o u t o f th e o r d in a r y a t t h is tim e fo r th e S e n a te to in s is t u p o n th e
a m e n d m e n t a n d le t u s h a v e o n e m o re c o n fe re n c e w ith th e
H o u s e c o n f e r e e s a n d s e e i f t h i s a m e n d m e n t c a n n o t r e m a i n in
t h e b i ll ? I t w o u ld t a k e but a f e w m i n u t e s t o d o it.
I a s s u r e t h e S e n a t o r s p r e s e n t t h a t , t h a n i te m N o . 53, n o m o r e
i m p o r t a n t p r o v i s i o n f o r a b a n d o f a h u n d r e d h o m e le s s , i l l i t e r a t e
p e o p le h a s b e e n b e f o r e t h e S e n a t e i n t h e S i x t i e t h C o n g r e s s .
M r. C L A P P . I d i d n o t w a n t to c u t o ff t h e m a t t e r b y t h a t
s u g g e s tio n , b u t I s i m p ly m a d e i t a s a s a f e g u a r d a g a i n s t a n y
te n d e n c y o f t h a t k in d . I h a v e s a id a ll I c a r e to sa y . I t is fo r
t h e S e n a t e t o d e t e r m i n e . O c c a s i o n a ll y c o n f e r e n c e r e p o r t s a r e
se n t b a c k fo r f u r th e r c o n fere n ce .
M r. M c L A U R I N . M r . P r e s i d e n t , s o m e d a y s a g o , u p o n t h e
1
tn e
r e p o r t o f S e n a t e b ill 1 0 3 6 ------T h e V I C E - P R E S I D E N T . D o e s t h e S e n a t o r f r o m M i s s is s i n n i
r i s e t o t h e p e n d in g r e p o r t ?
11
M r. M c L A U R I N . I u n d e r s t o o d i t h a d g o n e o v e r ,
Mr. C L A P P . N o ; I w i t h d r a w t h a t s u g g e s t i o n .

3383

M r. M c L A U R IN . I d id n o t o b s e rv e t h a t i t h a d b e e n w i t h ­
d r a w n . I t h o u g h t t h e m a t t e r h a d g o n e o v e r u n t i l m o r n in g .
M r. C L A P P . I s u p p o s e th e p a r li a m e n ta r y s itu a tio n w o u ld
r e q u ir e a v o te o n th e r e p o r t
M r. L O D G E . L e t th e r e p o r t go o v e r.
M r. C L A P P . T h a t w o u ld n o t in th e m e a n tim e m a k e i t th e
s u b je c t o f f u r t h e r c o n fe re n c e , w h ic h S e n a to r s d e s ire .
M r. L O D G E . O h, n o . T h e r e h a s to b e a v o te to d is a g r e e to
m a k e i t th e s u b je c t o f f u r t h e r c o n fe re n c e . A ll th e S e n a to r h a s
to d o is to w ith d r a w th e r e p o r t a n d le t i t go o v e r u n til to -m o r­
ro w , w h e n th e r e - w ill b e a f u ll a tte n d a n c e o f th e S e n a te , a n d h e
c a n th e n d is p o s e o f it.
M r. C L A P P . I t m ig h t b e d is a g r e e d to u n d e r p r e s e n t c o n d i­
tio n s .
M r. L O D G E . T h a t is a d if f e r e n t p r o p o s itio n . I d id n o t u n ­
d e r s t a n d t h a t th e S e n a to r p ro p o s e d t h a t th e S e n a te s h o u ld d is £L°T60.
M r* C L A P P . N o ; I d o n o t .
T h e V I C E - P R E S I D E N T . T h e q u e s tio n is o n a g r e e in g to th e
r e p o r t o f t h e c o m m itte e o n c o n fe re n c e .
M r. D IX O N . I s th e r e a n y re a s o n w h y w e s h o u ld n o t p ro
f o r m a d is a g r e e to th e r e p o r t a n d th e n b r in g i t u p to -m o rro w .
M r. C A R T E R . I w ill s a y to m y c o lle a g u e t h a t I t h in k th e
m a t t e r c a n b e d is p o s e d o f n o w a n d a d is a g r e e m e n t re a c h e d . I
b e li e v e i t i s t h e p r e s e n t t e m p e r o f t h e S e n a t e t o d i s a g r e e t o t h e
r e p o r t i f th e q u e s tio n is p u t.
T h e V IC E - P R E S I D E N T . T h e q u e s tio n is on a g r e e in g to th e
r e p o r t o f th e c o m m itte e o f c o n fe re n c e .
?T be r e p o r t w a s n o t a g r e e d to .
M r. C L A P P , I m o v e t h a t th e S e n a te in s is t u p o n its a m e n d le n ts , a n d r e q u e s t a f u r t h e r c o n fe re n c e w ith th e H o u s e , th e
f c o n f e r e e s o n t h e p a r t o f t h e S e n a t e t o b e a p p o i n t e d b y t h e V ic e P re s id e n t.
T h e m o tio n w a s a g r e e d t o ; a n d t h e V ic e - P re s id e n t a p p o in te d
a s t h e c o n f e r e e s o n t h e p a r t o f t h e S e n a t e M r . C l A re , M r .
M c C u m b e b , a n d M r . O w en .

PATENTS FOR CERTAIN PUBLIC LANDS.
S ir. M c L A U R IN . M r. P r e s id e n t, so m e d a y s a g o I a s k e d f o r
t h e im m e d ia te c o n s id e r a tio n o f th e b ill (S . 10 3 6 ) f o r th e r e lie f o f
lo c a to rs o f m ilita r y b o u n ty la n d w a r r a n ts a n d su rv e y o r-g e n ­
e r a l ’s c e r t i f i c a t e s , a n d t h e S e n a t o r f r o m C o l o r a d o [ M r . T eller]
a s k e d t h a t it g o o v e r u n til th e p rin tin g o f th e re p o rt. I u n d e r­
s t a n d t h a t S e n a to r n o w h a s n o o b je c tio n to th e c o n s id e r a tio n
o f t h e b ill.
M r . T E L L E R . I h a v e n o t a n y o b j e c t io n .
M r. M c L A U R IN . I a s k u n a n im o u s c o n s e n t f o r th e p r e s e n t
c o n s i d e r a t i o n o f t h e b i ll .
T h e r e b e i n g n o o b j e c t io n , t h e S e n a t e , a s i n C o m m i t t e e o f t h e
W h o le , p r o c e e d e d t o c o n s i d e r t h e b i ll , w h i c h h a d b e e n r e p o r t e d
f r o m th e C o m m itte e o n P u b lic L a n d s w ith a n a m e n d m e n t to
s tr ik e o u t a ll o f th e b ill a n d in s e r t :

Be it enacted, etc., T h a t all patents heretofore Issued on applications
m ade for title to public lands betw een June 5, 1 9 0 1 , and June 20,
1 9 0 7 , w ith either m ilitary bou nty land w arran ts, agricu ltu ral college
land scrip, or surveyor-general’ s certificates, be, and the sam e are
hereby, declared v a l i d ; and th a t all such locations, w here the applica­
tions to locate were m ade between June 5 , 1 9 0 1 , and June 2 0 , 1907 ,
w ith either m ilitary bounty land w arran ts, agricu ltu ral college land
scrip, or surveyor-general’ s certificates, and upon which patents have
not been issued, are hereby declared legal, and the Com m issioner of
the General Land Office is hereby authorized and directed to issue
p atents on all such lo c a tio n s : Provided, T h a t they are otherw ise in
accordance w ith the rules and regulations in such cases m ade and
provided.
T h e a m e n d m e n t w a s a g r e e d to .
T h e b ill w a s re p o rte d to th e S e n a te a s a m e n d e d , a n d th e
a m e n d m e n t w a s c o n c u r r e d in .
T h e b ill w a s o r d e re d to b e e n g r o s s e d f o r a t h i r d re a d in g , r e a d
t h e t h i r d t im e , a n d p a s s e d .
T h e C o m m itte e o n P u b lic L a n d s r e p o r te d a n a m e n d m e n t to
s tr ik e o u t th e p r e a m b le a n d to in s e r t in lie u th e r e o f th e fo l­
lo w in g :

Whereas by the act of Congress of March 2, 1889 (25 Stats., p.
834), the lands of the United States, except in the State of Missouri,
were withdrawn from sale by private entry ; and
W hereas the Secretary o f the Interior, on June 5, 1901 (V icto r II.
Provensal, 3 0 Land Dec., p. 6 1 6 ) , and February 5. 1 9 0 2 (C h arles P.
M aginn is, 31 Land Dec., p. 2 2 2 ) , prom ulgated decisions authorizing
the location o f surveyor-general’s certificates, agricu ltu ral college land
scrip, and m ilitary bounty land w arran ts upon lands th a t had thereto­
fore been offered at private sale, and therefore were subject to location
■with such certificates and w arran ts, notw ithstand ing the said act of
M arch 2, 1889 ; and
W hereas the honorable Secretary o f the Interior, on June 20, 1907
(Law rence W . Sim pson, 35 Land D ec., pp. 3 9 9 to 6 0 9 ) . reversed the
two decisions o f his D epartm ent thu s previously prom ulgated by it and
rendered a new decision in w hich he stated “ T h a t there can be no
property rights acquired in defiance o f law*. T h e on ly power o f the
L and Departm ent to dispose o f public lands
*
*
*
Is by act o f
Congress.
W hen it develops th at a departm ental construction is erro­




March 16,

CONGRESSIONAL RECORD— SENATE.

neous, the im proper construction can not be further allow ed and the
w ill o f Congress further overborne by the Executive ;
and
W h ereas on the 2 1 s t day o f December, 1 9 0 < , in the R oy M cD onald
land w arran t test case, the ruling in said Sim pson case w as further
modified so as to authorize the p atentin g o f all entries and locations
made w ith and under the w arran ts and scrip above described, the said
opinion concluding as f o l lo w s :
. ,, .
. . . . __
“ in the light o f the decisions above quoted I am fu lly im pressed th a t m y
plain du ty under the circum stances presented requires th at re c o g m lL n
be given to a ll location s com pleted under the faith of, and In i iie ngnr
of, the holding o f th is D epartm en t, w here the lands located had not
been at the tim e o f said locations reserved or appropriated to any par­
ticu lar purpose, and in w hich no question as to the righ t under ihe lo­
cation is raised, except th at the land located is w ith ou t tho lim its of
the State o f M issouri.
There should be included w ith in th is protec­
tion those who, prior to the decision o f June 20, 1 J O ', en tert
located lands under the paragraph in the original Simpsoni d ecasion
hereinbefore quoted, and you w ill give such orders or d irectu m
w ill carry into effect the conclusions herein rea c h ed ;
and
W h ereas by reason o f said respective decisions o f th e In terior D e­
partm ent m any locations have been m ade and patents issued upon
the faith o f the rulings in the P rovensal and M aginn is cases, and sub­
sta n tia l righ ts and equities have accrued to the patentees and e m >men, w hich have been recognized and upheld by the latest ruling
the M cD onald case s u p r a ; and
W h ereas by reason o f the diversity and conflict o f the: various r u iings above recited, it i£ equitable and proper th a t the titles acquirea
under the decisions above referred to should be quieted and con tirm ei
as aga in st any future change in decision, or collateral a t t a c k : n o w ,
therefore,

M r. K E A N . I s h o u ld lik e to a s k w h y a n y p r e a m b le is n e c e ssa rv V
M r. M c L A U R IN . I d o n o t s e e a n y n e c e s s ity f o r a p re a m b le ,
b u t I do n o t see t h a t i t c a n d o a n y h a rm .
M r. K E A N .
I t s e e m s t o m e t o b e m o s t o f t h e b i ll .
M r . M c L A U R I N . Y e s ; i t w a s m o s t o f t h e o r i g i n a l b i ll , a n d
n e w p r e a m b le w a s p u t in b y th e C o m m itte e o n P u b lic L a n d s ,
s I s a id , I d o n o t se e a n y n e c e s s ity f o r th e p re a m b le , b u t I c a n
fot s e e t h a t i t c a n d o a n y h a r m .
M r. K E A N . I a s k t h a t th e p re a m b le b e s tr ic k e n o u t.

The VICE-PRESIDENT.
ireamble.

The question is on agreeing to the

T h e p r e a m b le w a s r e je c te d .

,

.
A b ill f o r th e r e lie f o f
■ p a te n te e s a n d l o c a t o r s o f m i l i t a r y b o u n t y l a n d w a r r a n t s , a g r i ­
c u l t u r a l c o lle g e l a n d s c r i p , a n d s u r v e y o r - g e n e r a l ’s c e r t i f i c a t e s . ”

m T h e tit l e w a s a m e n d e d so a s to r e a d :

CLAIMS O ROMAN CATHOLIC CHURCH IN PHILIPPINE ISLANDS.
F
M r. L O D G E . I a s k f o r t h e p r e s e n t c o n s id e r a tio n o f t h e b ill
( I I . R . 1 6 1 4 3 ) to p ro v id e f o r p a y m e n t o f th e c la im s o f th e
R o m a n C a t h o l i c C h u r c h in t h e P h i l i p p i n e I s l a n d s .
T h e S e c r e t a r y r e a d t h e b i ll , a n d t h e r e b e in g n o o b j e c t i o n t h e
S e n a t e , a s i n C o m m i t t e e o f t h e W h o le , p r o c e e d e d t o i t s c o n s i d ­
e ra tio n .
I t p r o p o s e s t o a p p r o p r i a t e 8 4 0 3 ,0 3 0 .1 9 , t o b e p a i d t o
th e A rc h b is h o p o f M a n ila , in th e P h ilip p in e I s la n d s , a s th e
r e p r e s e n t a t i v e ( a n d t r u s t e e ) o f t h e R o m a n C a t h o l i c C h u r c h in
th e is la n d s ; a n d th e a c c e p ta n c e o f th is su m to b e in fu ll s a t is ­
f a c tio n o f a ll c la im s f o r u s e a n d o c c u p a tio n o f t h e p r o p e r ty o f
th a t c h u rc h in th e is la n d s a n d fo r d a m a g e s d o n e th e re to by
t h e m i l i t a r y f o r c e s o f t h e U n i t e d S t a t e s p r i o r t o J a n u a r y 13,
3906.
T h e b ill w a s r e p o r te d t o t h e S e n a te w ith o u t a m e n d m e n t,
o r d e re d to a t h i r d r e a d in g , r e a d th e t h i r d tim e , a n d p a s s e d .
letters patent .

M r. S M O O T . I a m d ir e c te d b y th e C o m m itte e o n P a t e n t s , to
w h o m w a s r e f e r r e d t h e b i ll ( H . I t . 1 5 8 4 1 ) to a m e n d s e c ti o n
4 8 9 6 o f t h e R e v i s e d S t a t u t e s , t o r e p o r t i t w i t h a n amendment
in th e n a tu r e o f a s u b s titu te , a u d I a s k t h a t it b e s u b s titu te d
f o r t h e b i l l ( S . 3 9 7 1 ) t o a m e n d s e c t i o n 4 8 9 6 o f t h e R e v is e d
S ta tu te s , b e in g O r d e r o f B u s in e s s 321 o n th e C a le n d a r.
T h e c o m m itte e a m e n d m e n t is in c o n f o rm ity w ith th e w is h e s
o f t h e S e n a t e i n r e g a r d t o a s i m i l a r b i ll .
T h e V I C E - P R E S I D E N T . W i t h o u t o b j e c t i o n , S e n a t e b i ll 3 9 7 1
w i l l b e i n d e f i n i t e l y p o s t p o n e d a n d t h e H o u s e b i l l j u s t r e jr t j r t e d
w ill t a k e th e p la c e o f t h e S e n a te b ill o n th e C a le n d a r .
M r. S M O O T .
I a s k f o r th e p r e s e n t c o n s id e ra tio n o f th e
H o u s e b i ll j u s t r e p o r t e d b y m e . A s I s t a t e d , t h e a m e n d m e n t
c o n fo rm s to th e w is h e s o f th e S e n a te in a s im ila r c a s e .
T h e r e b e in g n o o b je c tio n , t h e S e n a te , a s in C o m m itte e o f th e
W h o le , p r o c e e d e d t o c o n s i d e r t h e b i l l .
M r . K E A N . D o I u n d e r s t a n d t h a t t h i s i s a s u b s t i t u t e b i ll ?
M r. S M O O T .
I t i s e x a c t l y t h e s a m e b ill a s t h e H o u s e b ill
w ith th e e x c e p tio n o f s t r i k in g o u t th e o b je c tio n a b le p a r t to
w h ic h th e S e n a te o b je c te d th e o th e r d a y .
T h e V IC E -P R E S ID E N T . T h e S e c r e ta r y w ill r e a d th e a m e n d ­
m e n t.
T h e S ecretary. T h e committee proposes t o strike out all
a f t e r th e e u a c tin g c la u s e a n d to in s e r t :
T h a t section 4 8 9 6 o f the Revised Statu tes be, and the sam e is hereby,
am ended so that the section shall read as fo llo w s :
“ S ec 4 8 9 6 . W h en an y person, having m ade an y new Invention or
discovery for w hich a patent m ight have been grunted, dies before ttie
patent is granted the right o f ap plying for and obtaining the patent
shall devolve on his executor or ad m in istrator, in trust for the heirs

1008.

CONGRESSIONAL RECORD— SENATE.

M r. T A Y L O R in tro d u c e d a b ill (S . 6 2 3 9 ) f o r t h e r e li e f o f
A a ro n D . B rig h t, w h ic h w a s r e a d tw ic e by its tit l e a n d , w ith
th e a c c o m p a n y in g p a p e r, r e f e r r e d to th e C o m m itte e o n C la im s .
M r. S IM M O N S in tr o d u c e d a b ill ( S . 6 2 4 0 ) f o r t h e r e lie f o f
th e e s ta te o f H a r d y H . W a te r s , d e c e a s e d , w h ic h w a s r e a d tw ic e
b y i t s t i t l e a n d r e f e r r e d t o t h e C o m m i t te e o n C la im s .
H e a l s o i n t r o d u c e d a b ill ( S . 6 2 4 1 ) f o r t h e r e l i e f o f t h e h e i r s
o f D . W . B e ll, d e c e a s e d , w h i c h w a s r e a d t w i c e b y i t s t i t l e a n d ,
w i t h t h e a c c o m p a n y i n g p a p e r s , r e f e r r e d t o t h e C o m m i t te e o n
C la im s .
M r, G A L L I N G E R i n t r o d u c e d a b i l l ( S . 6 2 4 2 ) f o r t h e e s t a b ­
l i s h m e n t o f a p r o b a t i o n a n d p a r o l e s y s te m f o r t h e D i s t r i c t o f
C o lu m b ia , w h ic h w a s r e a d tw ic e b y its tit l e a n d , w ith th e a c ­
c o m p a n y i n g p a p e r , r e f e r r e d t o t h e C o m m i t te e o n t h e D i s t r i c t
o f C o lu m b ia .
M r . K I T T R E D G E i n t r o d u c e d a b i ll t S . 6 2 4 3 ) g r a n t i n g a n
I n c r e a s e o f p e n s i o n t o J a m e s H . M c A l l is te r , w h i c h w a s r e a d
tw ic e b y its t itle a n d , w ith th e a c c o m p a n y in g p a p e rs , r e fe r r e d
t o t h e C o m m i t te e o n P e n s i o n s .
M r . G A M B L E i n t r o d u c e d a b i ll ( S . 6 2 4 4 ) a u t h o r i z i n g t h e
a l l o t m e n t o f l a n d s t o J e n n i e L a F e v r e a n d h e r f iv e c h i l d r e n ,
a n d is s u a n c e o f p a te n t th e r e f o r , w h ic h w a s r e a d tw ic e b y its
a r n i r e f e r r e d t o t h e C o m m i t te e o n I n d i a n A f f a ir s .
r . O W E N i n t r o d u c e d a h i ll ( S . 6 2 4 5 ) t o p a y t h e e s t a t e o f
a Iro n s , d e c e a s e d , f o r b e e f c a ttle fu r n is h e d th e U n ite d
e s A r m y d u r i n g t h e w a r o f t h e r e b e l li o n , w h i c h w a s r e a d
e b y its title a n d , w ith th e a c c o m p a n y in g p a p e r, r e fe r r e d
be C o m m itte e o n C la im s .
""-o'
✓ ^ 'S e a ls o I n t r o d u c e d a b i ll ( S . 0 2 4 6 ) a u t h o r i z i n g t h e S e c r e t a r y
r o f th e I n te r io r to s e t a s id e c e r ta in t r a c t o f la n d f o r to w n -s ite
p u r p o s e s , w h i c h w a s r e a d t w i c e b y i t s t i t l e a n d r e f e r r e d to t h e
C o m m itte e o n P u b lic L a n d s .
l i e a l s o i n t r o d u c e d t h e f o l lo w in g b i ll s , w h i c h w e r e s e v e r a l l y
r e a d t w i c e b y t h e i r t i t l e s a n d r e f e r r e d t o t h e C o m m i t te e o n
P e n s io n s :
A b i ll ( S . 62-17) g r a n t i n g a p e n s i o n t o F r a n k E . B a l e s ; a n d
A b i l l ( S . 6 2 4 8 ) g r a n t i n g a n i n c r e a s e o f p e n s i o n t o N a p o le o n
B o n a p a r te B re e d lo v e .
M r . H A L E i n t r o d u c e d a b i ll ( S . 6 2 4 9 ) g r a n t i n g a n i n c r e a s e o f
p e n s io n to H a n n a h T . M a d d o x , w h ic h w a s r e a d tw ic e b y i ts
t i t l e a n d r e f e r r e d t o t h e C o m m i t te e o n P e n s i o n s .
M r. F R A Z I E R i n t r o d u c e d a b i ll ( S . 6 2 5 0 ) f o r t h e r e l i e f o f
L o ttie B o w m a n , w h ic h w a s r e a d tw ic e b y its t i t l e a n d , w ith th e
a c c o m p a n y i n g p a p e r s , r e f e r r e d t o t h e C o m m i t te e o n C l a i m s .
H e a ls o i n t r o d u c e d a b ill ( S . 6 2 5 1 ) f o r t h e r e l i e f o f t h e h e i r s
o f B e n ja m in F u g itt, d e c e a s e d , w h ic h w a s r e a d tw ic e b y i ts title
a n d , w i t h t h e a c c o m p a n y i n g p a p e r , r e f e r r e d t o t h e C o m m i t te e
o n C la im s .
M r . D E P E W i n t r o d u c e d a b i l l ( S . 0 2 5 2 ) g r a n t i n g a p e n s io n
t o t h e m i n o r c h i l d r e n o f J o h n .T. C a m p b e l l, w h i c h w a s r e a d t w i c e
b y i ts t itle a n d , w ith th e a c c o m p a n y in g p a p e r, r e f e r r e d to th e
C o m m i t te e o n P e n s i o n s .
M r. O V E R M A N i n t r o d u c e d a b i ll ( S . 6 2 5 3 ) f o r t h e r e l i e f o f
t h e C a t h o l i c C h u r c h in W a s h i n g t o n , N . C ., w h i c h w a s r e a d t w i c e
b y i t s t i t l e a n d r e f e r r e d t o t h e C o m m i t t e e o il C la im s .
M r. B O U R N E i n t r o d u c e d a b i ll ( S . 6 2 5 4 ) g r a n t i n g a p e n s i o n
t o E l e a n o r M c D e v i tt , w h i c h w a s r e a d t w i c e b y i t s t i t l e a n d r e ­
f e r r e d t o t h e C o m m i t te e o n P e n s i o n s .
M r. L A F O L L E T T E i n t r o d u c e d a b i ll ( S . 6 2 5 5 ) g r a n t i n g a n
I n c r e a s e o f p e n s io n t o T h e r o n W . H a i g h t , w h i c h w a s r e a d t w i c e
b y i t s t i t l e a n d r e f e r r e d to t h e C o m m i t te e o n P e n s i o n s .
M r, F O S T E R in tr o d u c e d a b ill (S . 6 2 5 7 ) a u th o r iz in g t h e
s e c r e t a r y o f W a r t o e x p e n d $ 3 0 0 ,0 0 0 in p r o t e c t i n g t h e b a n k s o f
t h e M i s s is s i p p i R i v e r a t N e w O r l e a n s , L a ., ■which w a s r e a d
t w i c e b y i t s t i t l e a n d r e f e r r e d t o t h e C o m m i t te e o n C o m m e r c e .

g

TARIFF COMMISSION.

M r . L A F O L L E T T E . M r . P r e s i d e n t , I i n t r o d u c e a b i ll t o
c r e a t e a T a r i f f C o m m i s s io n a n d d e f in i n g i t s p o w e r s a n d d u t i e s .
S o m e q u e s t i o n m a y b e r a i s e d a s t o w h e t h e r s e c ti o n 5 o f t h e
b ill c a n b e i n c o r p o r a t e d i n a S e n a t e b i ll . I h a v e p l a c e d i t i n
t h i s b ill b e c a u s e I b e lie v e i t i s w i t h i n t h e c o n s t i t u t i o n a l p o w e r
o f t h e S e n a t e t o o r i g i n a t e s u c h l e g i s l a t i o n . I p l a c e i t in t h e b i ll
f o r a n o th e r re a s o n , b e c a u se i t in d ic a te s m y v ie w s u p o n a c e r ­
t a i n p ro c e e d in g to s e c u re p r o m p t a c tio n f o r t a r i f f re d u c tio n .
I s h a ll a s k th e S e n a te v e ry so o n fo r tim e to s u b m it so m e r e ­
m a r k s in s u p p o r t o f le gislation t o e s t a b l i s h a T a r i f f C o m m is s io n .
I a s k t h a t t h e bill be p r i n t e d in t h e R ecord .
T h e b i ll ( S . 6 2 5 6 ) t o c r e a t e a T a r i f f C o m m is s io n a n d d e f in in g
I ts p o w e rs a n d d u tie s , w a s r e a d tw ic e b y i ts title a n d o rd e re d
to b e printed in the R ecord , a s f o l l o w s :

Be it enacted, etc., T h at a Commission is hereby created and shall be
known as the T ariff Com m ission, which shall be composed o f nine Com ­
m issioners, w ho shall be appointed by the President, by and with the
advice and consent o f the Senate.
T h e Com m issioners first appointed




3627

under this act shall continue in office for the term s of three, fou r, five,
six, seven, eight, nine, ten, and eleven years, respectively, from the
1st day o f Ju ly, A . D . 190S, the term o f each to be designated by
tne P r e s id e n t; but their successors shall be appointed for term s o f ten
years, except th at any person chosen to fill a vacancy shall be appointed
only for the unexpired term o f the Com m issioner w hom he shall suc­
ceed.
A n y Com m issioner shall be removed by the President for ineffic?fn.??’ ? e2 lect of duty, or m alfeasance in office.
No person shall be
eligible to appointm ent as a Com m issioner under th is act who is a Senator or Representative o f the U nited S tates or is a Senator or R epre­
sen tative elect o f the U nited States a t the tim e o f his appointm ent. N o
two of said C om m issioners shall be resident in the sam e U nited States
judicial circuit.
N ot more than five o f said Com m issioners shall be
members o f the sam e political party.
One of said Com m issioners shall
have a practical knowledge of the m anu facturing in d u s tr y ; one o f said
s^ a ^ have a practical knowledge o f a g ricu ltu re ; one o f
said Com m issioners shall have a practical knowledge o f the im port busin e s s ; one o f said C om m issioners shall be a representative o f la b o r ; one
° ‘ said Com m issioners shall be a law yer who has made a special study
or the tariff law s and custom s practice in the U nited S t a t e s ; one o f
said C om m issioners shall have a made a special study o f domestic and
k P ? *a ria s and commercial recip ro city ; one o f said Com m issioners
ii
8? a
exP
.ei't knowledge o f costs o f production and acc o u n tin g ; one
oi said Com m issioners shall be a trained statistician w ho has made a
special study o f prices in domestic and foreign m a rk e ts ; one o f said
com m issioners shall be an em inent econom ist who has made a special
study o f w ages and cost o f living.
No vacancy in the Com m ission shall
im pair the right o f the rem aining Com m issioners to exercise all the
the Com m ission.
Each Com m issioner shall receive a salary o f
b 10,0 0 0 per year.

S ec. 2. That said Com m ission as soon as qualified shall w ithout deffiy m eet for organization in the city o f W ashin gton, in the D istrict
o f Columbia, and it shall organize by the election o f one o f its number
to be chairman and one o f its number to be vice-chairm an.
T h e C om ­
m ission shall appoint a secretary and such other employees as it m ay
find necessary to the proper perform ance of its duties and fix the salarv
or com pensation o f each.
U ntil otherw ise provided by law , the Com ­
m ission m ay select and ren t suitable offices for its use, and shall have
au th ority to procure all necessary office supplies.
The expenses o f the
Com m ission, including necessary expenses for transp ortation incurred
•by the Com m issioners or by their em ployees, under their orders, in
making any investigations or upon official business in any other place
than the city o f W ashin gton, shall be allowed and paid upon presenta­
tion o f vouchers therefor, approved by the chairm an of the C om m is­
sion.
T h e principal office o f the Com m ission shall be in the citv of
W ashin gton, where its general sessions shall be h e ld ; but whenever
the convenience o f the public or the C om m issioners m ay be prom oted
or delay or expense prevented thereby the Com m ission m ay hold its
sessions in any part o f the U nited States.
It m ay, by one or more o f
the Com m issioners or its em ployees, prosecute any* inquiry necessary to
the perform ance o f its duties in any part o f the U nited States or in
any foreign c o u n tr y : Provided, T h a t not more than four members o f
said Com m ission shall be absent from the U nited S tates at one time.
S ec. 3. T h a t the Com m ission hereby created shall have au th ority,
ana it is hereby directed to ascertain the difference in the cost o f producing articles o f the sam e, or sub stantially the same, quality and
kind in this country and in com peting foreign countries.
The Com ­
m ission in such investigation shall ascertain, in connection w ith the
several articles covered by its reports in the U nited States and in com­
peting foreign countries, the w ages, the hours o f service, and the effi­
ciency o f labor em ployed, and the standards o f living o f such laborers.
Th e Com m ission shall ascertain the cost o f raw m aterial, the cost o f
labor, the fixed charges, depreciation upon the true value o f the capital
invested, and a ll other item s necessary to determ ine the true cost o f
the finished product.
Said Commission shall ascertain the m arket con­
ditions and the prices at which protected products o f the U nited States
are sold in foreign countries as compared w ith the prices o f products
sold in the U nited States.
The Com m ission shall investigate the effect o f
transportation rates upon the m arkets and prices o f dutiable products
the relation between Governm ent revenues and tariff schedules, and sh a ll’
pursuant to the purposes o f this act, in so far as practicable make an
investigation o f all questions and conditions relating to the agricultural
m anufacturing, m ining, com m ercial, and labor interests w ith reference
to the tariff schedules and classifications of the United S tates and of
foreign countries.
Said Com m ission is authorized to call upon any de­
partm ent or officer o f the Governm ent for any inform ation in t h e 'p o s ­
session o f such departm ent or officer and relating to any subject under
investigation by said Com m ission.
I t shall be the duty o f such officer to
furnish the inform ation required.
I t shall be the duty o f said Com m ission
upon petition, or upon its own initiative by one or more of its members,
from time to tim e to hold hearings at such places as it m ay designate
to determ ine industrial, com m ercial, and labor conditions in relation
to the tariff.
Such investigation shall be public, except as otherwise
provided herein.
The Com m ission shall, whenever practicable, give
a t least ten d ays’ public notice o f any and all hearings, and at any
such hearing, whether undertaken upon the initiative o f the Com m ission
or upon petition, any person m ay appear before said Com m ission and be
heard, or m ay be represented by attorney, and m ay file any w ritten
statem ent or docum entary evidence bearing upon any m atter it m ay
have under investigation : Provided, T h a t said Com m ission in any in­
vestigation m ay, upon the request of any w itness examined as to any se­
cret process used in the production o f any article, take such evidence a t
a secret session : And provided, T h at the testimony o f any w itness in re­
gard to any secret process shall not be reduced to w riting, but that all
other testim ony shall be reduced to w riting for the guidance o f the said
Com m ission in arriving a t conclusions and m aking reports to Congress
A m ajority o f the Com m ission shall constitute a quorum for the transac­
tion o f business.
Said Com m ission m ay from time to tim e make or
am end such general rules or orders as m ay be requisite fo r the orderly
regulation o f proceedings before it, including form o f notices and th «
service thereof.
Every vote and official act o f the Com m ission shall be
entered o f record.
A n y o f the members o f the Com m ission or its sec­
retary m ay adm inister oaths and affirm ations and sign notices
S ec . 4. T h a t for the purposes o f this act, in the case o f articles on
the dutiable list and such other articles as the Com m ission m av decide
to investigate w ith a view to determ ine whether it shall recommend flint
the sam e be placed upon the dutiable list, the said Com m ission is n u t w
ized to require o f any person, firm, copartnership, corporation nr Z '
ciation producing any such article or articles the production o f all hnVuA
papers, contracts, agreem ents, invoices, inventories, bills, and d o c u m e n t
o f any such person, firm, copartnership, corporation, or association and

3628

CONGRESSIONAL RECORD— SENATE.

make every Inquiry necessary to a determ ination of the value of such
property.
Said Commission is authorized to require by notice the at­
tendance and testimony o f w itnesses and the production o f all books,
papers, contracts, agreements, inventories, invoices, bills, and documents
relating to any m atter pertaining to such investigation.
Such attend­
ance of w itnesses and the production of such docum entary evidence
m ay be required from any place in the "United States a t any designated
place of hearing, and w itnesses shall receive the sam e fees as are paid
in the Federal courts.
In case o f failure to comply w ith such a notice,
or in case any person, firm, copartnership, corporation, or association
shall fa il to comply w ith any o f the requirements o f this act, the said
Com m ission shall make a report to Congress o f such failure, specifying
the names o f each person, the individual names o f such firm or copart­
nership, and the names o f the officers and directors o f each such corpora­
tion or association guilty o f such failu re, and such report shall specify
each particular in which such person, Arm, copartnership, corporation,
or association has failed to com ply w ith such requirem ents, and shall
also specify the article or articles on the dutiable list produced by such
person. Arm, copartnership, corporation, or association and the tarin
schedule which applies to each such article.
The inform ation as to
costs o f production secured under the provisions of this section from any
person, firm, copartnership, corporation, or association shall not De aisclosed to any business com petitor or rival o f such person, nrm, copa tnership, corporation, or association.
S ec . 5. T h at the Com m ission shall ascertain whether any persons,
firms, copartnerships, corporations, or associations engagedi m t
production or sale o f any dutiable article, cooperate by agreem ent or
arrangem ent o f any kind to control production, prices, or w ages in t e
U nited S tates, or to control prices Fn any foreign m arket,
l n e Co m ission shall also ascertain whether any person, firm, c° P F 5 n®Jcorporation, or association ow ns or controls such a proportion oi a y
dutiable product as to enable such person, firm, copartnersm p, cor­
poration, or association to control production, prices, or wages in t e
United States or to control the price o f such product
an.y „
market.
In m aking such investigation the Com m ission shall give notice
thereof in w riting to such person, firm, copartnership, corporation,
or association and afford an opportunity for the parties to
testim ony and -to be heard In person or by counsel.
\Y
exists any such agreem ent or arrangem ent by w hich the parties tnereto
unduly promote their advantage, and whenever any person, firm,
copartnership, corporation, or association ow ns or controls sucn a
proportion o f any dom estic article named on the dutiable list as to
control the m arket price of such article, and any undue advantage Is
taken in the exercise o f such control, then, in either case, tne im ­
position and collection o f the duties on the sim ilar im ported article
provided bv existing law shall he suspended, and such article shall he
adm itted free o f duty if the cost of labor o f the dom estic article does
n o t exceed th a t o f the foreign article.
I f the cost o f labor does
exceed th a t of the foreign article, such article shall be subjected to a
rate o f duty equivalent to the difference in the cost o f labor o f the
dom estic and foreign a r t i c le : Provided, T h a t in case the price o f the
raw m aterial entering into the com position o f any such article is
not controlled by agreem ent or arrangem ent, the difference between
the dom estic and foreign cost o f the raw m aterial shall be added to the
difference in the cost o f labor in order to determ ine the rate o f duty.
In the execution o f the foregoing, w henever the Com m ission shall find
th a t there exists any such agreem ent or arrangem ent by which the
parties thereto unduly prom ote their advantage, or that any person,
firm copartnership, corporation, or association owns or controls such
a proportion o f any dom estic article named on the dutiable lis t as to
control the m arket price o f such article, and any undue advantage
is taken in the exercise o f such control, and th a t this advantage is
facilitated by the duties imposed on a like imported article, the Com ­
m ission shall ascertain the difference, if any, in the cost of labor of the
domestic and foreign article, and also the difference, if any, between
the domestic and foreign cost o f the raw m aterial entering into the
com position of such article, provided the price o f such raw m aterial
1 3 not controlled by agreem ent or arrangem ent between parties, firms,
copartnerships, corporations, or association s, or by any person, firm,
copartnership, corporation, or association.
In pursuing such investiga­
tions the Com m ission shall begin w ith the prim ary industries produc­
ing iron ore, coal, lumber, and other raw m aterial from the natural
resources o f the country, and shall proceed in consecutive order, as
nearly as practicable, from the industries producing raw m aterial to
the industries producing finished products.
T h e Com m ission shall im ­
m ediately report its findings and the evidence to the President in the
order o f the industries as herein provided, and the President shall
forthw ith and he is hereby authorized and empowered to suspend, by
proclam ation to th at effect, the im position and collection of the duties
provided by law on the articles In said industries, and thereupon and
thereafter, as the case m ay he, said articles shall be adm itted free of
duty or the duties levied, collected, and paid upon such articles shall
be the am ount of the difference in the cost o f labor as determined
by the Com m ission, and in addition thereto the am ount o f the difference
between the dom estic and foreign cost o f the raw m aterial as deter­
mined by the Com m ission under the conditions and in accordance with
the provisions hereinbefore specified.
Said suspension or redaction of
duty or duties caused by proclam ation o f the P resident shall remain
in force until removed or modified by Congress.
S ec 6 T h a t im m ediately upon effecting its organization the Com ­
m ission shall proceed to investigate and ascertain the cost o f produc­
tion. a s defined in sections 3 and 4 o f this act, o f the articles included
in the iron and steel schedule o f the act o f Ju ly 24, 1897 , and shall
report its findings thereon, so fa r as ascertained, to Congress not later
than the first M onday in January, 1909 .
Said Com m ission shall like­
wise proceed as rapidly as possible w ith the investigation o f the other
schedules o f said act w ith a view to reporting its findings thereon to
Congress at the earliest practicable date.
S ec . 7. T h at said Com m ission shall make annual reports to Congress
o f its investigations and recom mendations, together w ith the testim ony
and inform ation on which such recom mendations are based and such
special reports as it m ay deem advisable. The testim ony and in form a­
tion so reported shall be accom panied by a complete topical digest or
analysis and by a topical index o f nil the testim ony taken during the
period covered by the report.
Said reports, w ith the accom panying
testim ony, records, and digest, shall be printed as public docum ents,
i
i
report shall be published and ready for distribution on the
first Monday of December o f each year.
o f^ a id

a lL t, rn,es dur*n«
l
session of Congress a m ajority
M shall be on duty In the city of W ashington for the
PT r
« Tk
LLillg inform ation and advice to Congress.
June '30 1909 fo r r +ula hereby appropriated for the fiscal year ending
June ou, u o 9 , for the purposes of this act, from any m oneys in the




Mabch 20,

Treasury not otherwise appropriated, $ 3 0 0 ,0 0 0 :
Provided, T h a t so
much thereof as m ay be necessary shall become im m ediately available
upon qualification by members o f the Commision.
S ec. 10. T h a t all acts or parts of acts in conflict w ith the provisions
of this act are hereby repealed.

The

V IC E -P R E S ID E N T .
o n Finance.

The

b ill w ill b e

re fe rre d

to

the

Committee

PUBLIC LAND SURVEYS.
M r. H E Y B U R N . O n y e s t e r d a y I s u b m i t t e d a n a m e n d m e n t
p r o v i d in g t h a t a l l p u b l ic l a n d s , r e s e r v e d a n d u n r e s e r v e d , o f t h e
U n ite d S ta te s n o w u n s u rv e y e d w ith in th e S ta te s o f Id a h o , O re ­
gon, M o n ta n a , a n d C a lif o r n ia s h a ll b e s u rv e y e d w ith o u t r e g a r d
t o s e t t l e m e n t t h e r e o n , e tc ., i n t e n d e d t o b e p r o p o s e d b y m e t o t h e
s u n d r y c iv il a p p r o p r i a t i o n b i ll . I t i s d e s i r a b l e t h a t t h e S t a t e o f
U ta h b e a d d e d to th e p ro v is io n s o f t h a t a m e n d m e n t. I th e r e ­
fo re s e n d to th e d e s k th e a m e n d m e n t w ith th e a d d itio n a n d
a s k t h a t i t b e r e p r i n t e d a n d r e f e r r e d t o t h e C o m m i t te e o n A p p r o ­
p ria tio n s.
T h e r e b e in g n o o b j e c t io n , t h e m o d if ie d a m e n d m e n t w a s o r ­
d e r e d t o b e p r i n t e d a n d r e f e r r e d t o t h e C o m m i t te e o n A p p r o ­
p ria tio n s .
amendment to financial bill.

M r, L O N G s u b m i t t e d a n a m e n d m e n t i n t e n d e d t o b e p r o p o s e d
b y h i m to t h e b i ll ( S . 3 0 2 3 ) t o a m e n d t h e n a t i o n a l - b a n k i n g
la w s , w h i c h w a s o r d e r e d to l ie o n t h e t a b l e a n d b e p r i n t e d .
PROPOSED UNIVERSITY OF THE UNITED STATES.

On motion of M r . Frye, it was
2>200. a c t i o n a l copies o f Senate Docum ent No. 143,
T’ „ n ,Jireo *’ *firSM ,session’ “ Appeal in behalf o f proposed univer­
sity o f L n ited States, be printed for the use o f the Senate.
SURVEY OF WOOD RIVER, OREGON.

M r . F U L T O N s u b m i t t e d t h e f o l lo w in g c o n c u r r e n t r e s o l u t i o n ,
w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n C o m m e r c e :
R esolved by the Senate {th e H ou se o f R epresen ta tives con curring),
T h a t the Secretary o f W a r be, and he is hereby, directed to cause a
survey and estim ate to be made for a project of Improvement of W ood
River from the point where it em pties into K lam ath Lake, in K lam ath
County, Oreg., to the head of navigation, and report the sam e to Con­
gress.

R PO T OF
E R

INLAND

WATERWAYS

COMMISSION.

M r. N E W L A N D S s u b m i t t e d t h e f o l lo w in g c o n c u r r e n t r e s o l u ­
t io n , w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n P r i n t i n g :

ifie ^enaic (the House of Representatives concurring),
T h a t there be printed at the Governm ent Printing Office 1 0 ,0 0 0 copies
or the prelim inary report o f the Inland W aterw ays Com m ission, w ith
illu stration s, o f which 5 ,0 0 0 copies shall be for the House o f Representatives, .1.000 copies for the Senate, and 2 ,0 0 0 copies for the use o f
the Com m ission.

HOUSE BILL REFERRED.

H . R . 16268. A n
in v a lid a n d o th e r
y e a r e n d in g J u n e
tw ic e b y its title

a c t m a k in g a p p ro p ria tio n s fo r th e p a y m e n t o f
p e n s i o n s o f t h e U n i t e d S t a t e s f o r t h e f is c a l
30, 1909, a n d f o r o th e r p u rp o s e s , w a s r e a d
a n d r e f e r r e d to t h e C o m m i t te e o n P e n s i o n s .

PERSONNEL OF THE LIFE-SAVINO SERVICE.

T h e b i ll ( I I . R . 1 7 7 1 0 ) t o i n c r e a s e t h e e ffic ie n c y o f t h e p e r ­
s o n n e l o f th e L ife -S a v in g S e rv ic e o f th e U n ite d S ta te s w a s r e a d
th e firs t tim e b y its title .
M r . F R Y E . T h a t b i ll i s i d e n t i c a l w i t h S e n a t e b i l l 56<M r e ­
p o r t e d f r o m t h e C o m m i t te e o n C o m m e r c e , a n d I s h o u l d l ik e i t s
p r e s e n t c o n s i d e r a t i o n . I t w ill t a k e b u t a f e w m o m e n ts . I t h a s
n o r e t i r e d p a y i n i t a n d n o p e n s io n . I t i n c r e a s e s t h e s a l a r y o f
t h e s u p e r i n t e n d e n t s $200 a y e a r ; o f t h e k e e p e r s , $100 a y e a r ;
a n d o f t h e s u r f m e n $ 5 a m o n th , a n d in a d d i t i o n g i v e s t h e s u r f m e n o n e A rm y r a tio n , w h ic h is w o r th 30 c e n ts a d a y . T h e r e
i s a p r e s e n t p r o v i s i o n o f l a w b y w h i c h in c a s e o f the* d e a t h o f
o n e o f t h e s u r f m e n h i s w i f e a n d m in o r c h i l d r e n r e c e iv e h i s p a y
f o r tw o y e a r s . T h a t is a m e n d e d b y a d d in g to it dependen"!
m o th e r.
T h a t i s a l l t h a t t h e r e i s in t h e b i ll . I t i s n o t w h a t t h e C o m ­
m i t t e e o n C o m m e r c e re i> o r te d a t a f o r m e r s e s s io n , f o r t h e b i ll
th e n c o n ta in e d r e ti r e d p a y a n d p e n s io n . I t w a s s id e tr a c k e d b y
r e a s o n o f t h a t p r o v i s i o n . O n i n v e s t i g a t i o n i t w a s b e li e v e d t h a t
n o s u c h p r o v i s i o n w o u l d m e e t t h e a p p r o v a l o f b o t h Ilo u s e s o f
C o n g re s s , a n d t h a t t h is is th e b e s t t h a t c a n b e d o n e . T h e
S u p e r i n t e n d e n t o f t h e L i f e - S a v i n g S e r v i c e s a y s t h a t in h i s
o p i n io n i t w i l l r e l i e v e t h e p r e s e n t d i s t r e s s e d c o n d i t i o n o f t h e
S e r v ic e .
T h e b ill w a s r e a d t h e se c o n d tim e a t le n g th , a s f o llo w s :

Be it enacted, etc., T h a t from and after the passage o f this act the
com pensation o f d istrict superintendents in the U nited S tates LifeSaving Service shall be as f o llo w s : For the superintendents o f the first,
second, fourth , fifth, sixth, seventh, tenth, eleventh, tw elfth , and thir­
teenth districts, $ 2 ,2 0 0 per annum e a c h ; for the superintendents of the
third and ninth districts, $ 2 ,0 0 0 per annum e a c h ; for the superin­
tendent o f the eighth district, $ 1 ,9 0 0 per annum.
T h a t the pay o j
keepers o f life-saving stations shall be | 1 ,0 0 0 per annum each, and that
the pay o f the No. 1 surfm an in each o f the crews o f the life-saving
stations shall he a t the rate o f $ 7 0 per month.

1908.

CONGRESSIONAL RECORD—SENATE.

3697

im p a r tia l a n d d is ln te rr T s ? n c m , i " ‘i

th e o p e r e t o r a a n d t i e 'm S *

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6 - T e r r ito r ie s .

I s a id th e n , a s I n o w sa y , t h a t I d o

S

T h ^ Z ^ St t 0 ^ ° nMeA t0 t h e T e r r i t o r i e s a lo n e .
p rS tfo n o f E
v w t n m i * i? s u f f ic ie n t « » s o ii f o r t h e a p p r o -

y ^ a r ] T l o s < i s 1h e iim e t ^ 0f S i ftt le a S t o n e -b i l l f o f t b i s e n o r m o u s
r
w o rth a t
S
+d t0 b a e a s iI r P r e v e n ta b le .
T h is c o a l is
on e y e ar!
1 *
ton> o r
000,000 lo s s to t h e c o u n t r y in

S

'w

S

f u t ’k y t o f

be “

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^

t o S . S ^ &
£ . 7 “ " ° f t l , e bil1
c o n s id e ra tio n is
p re d te a ta needT a ?
? Sec.u r e t t e f o r m a t i o n u p o n w h i c h t o
S „ » .
a m e n d m e n t s . I t d o e s n o t p r o p o s e the c r e a -

nrolV iem l o
? 12 W
b u t t h e r e i s s t i n a n o t h e r f a c t o r in t h e
c o u n t r y ’ T L o °n e -t b a t
f r a u g l l t w i t b w u c h i m p o r t a n c e to t h e
s e r i o u s n a t i o n a l n l n h i * lm lT t r y p r e s e n t s f o r c o n s i d e r a t i o n a
l!s
tin te l S E
P r 0,bI e ^ £ u r i n g 1907 ihG c o a l p r o d u c e d in t h e
w i tli n n r m ?S U ‘ S 4'.>9’000’000 t o n s . The w a s t e w h i c h r e s u l te d ,
1
tlm g r o u n d P a m o n n ? 1i o in S m e t b o d s ’ i u g e t t i n g t h i s c o a l o u t o f
im n r n v e u d ’ aU-10U nt to a s m u c h a s t h e e n t i r e p r o d u c ti o n . W i t h

S

s-

b„T only o v T t h e r , ‘° ?*teMl °™' a"y State of the Un on,
will be bornfln nilnXi;!0 1 3n<1 tbe s t r ic t of Ataska.
/ ,?
centlv
i
i that tbe P°orcst developed, the most rem in e s o f W
' a S K
S
ft h e L a S t f^ U ip p e(i 0 f t b e c o a l
e
b ill, a s r e p o r t e d f r o m
I L e .f ? lln d in t ll e T e r r i t o r i e s . T h e
f
g a t o n o r t h e a s c o S n m l T m i t t e e ’ w o u l d c o n f in e t h e i n v e s til i S l P M 'a n d t h e T ^ v e l o X
\° t h e p o o r e s t
w h o le o f t h e j u r i s d i c t i o n 7
p e d o f a11 t ,l e c o a l m in c s i n t h e

TELtm] ^S gests t h a t , o w in g
of « f e en f t i ! i - Crf ? 1S r a t e o f m in i n g a n d w a s t e t l i e best t o ^ h e ^ f f l d e M v ^ f
I
rl i
fuel supply Will be exhausted within the
,aw and tbe administration
o d e s tho rnel ' f 1 meanwhile, within the next two or three dec- any other State to t h e n n ? e m ia e S ° f CoIorado is less than in
p a rt

S

be a t
n C Pa 7 ° t b e m a u u f a c t u r e r s o f t h e c o u n t r y w i l l
o e a t l e a s t d o u b le t h a t a t the p r e s e n t t im e
A f e w y e a r s a g o , w h e n t h e c o tto n - b o ll w e e v il a p p e a r e d in t h e
£ r ™
H eM
n g h r.
‘

w e A p p ro p ria te d , i t I r a n e r n K n e c O v

a

i t ™ . ° ' i a r 8 ', 31111 1 b e l i e r e t b a t A p p r o p r i a t i o n w a s a i l
i t w a s a p l a g u e c o m in g u p o n t h e c o tt o n c r o n
Tiu>
“ O ld n o t c o n tr o l i t
T h e y d i d n o t t o o ” h o w t o set U H
e g a i e a n a p p r o p r i a t i o n t o c a r r y o n a n i n v e s t i g a t i o n to

th bn^
e o

SSSTuX”

S t a t e s in t h e p r o t X h ™ t % “

r r e S U g a t' ° n

* » £ £ £ ? ,£
* * ‘° ^

**

0 tA n X i V v L K
m
r

E n Jt ,an<t S t a t e s w e g a v e a n a p p r o p r i a t i o n
m is T
“ C h a r t e r m il l io n d o l l a r s t o d e s t r o v t h e e r o s v
m o t o r t o a s c e r t a i n h o w to d e s t r o y i t . N o l i v e s Z e a t f t a k e

X e into the hifrh 1, Llll0U‘ May we not with propriety inh J tfl t ?
, b gh em°,ency there reached, for the purpose of
better informing ourselves as to our duty^ to the aCitorie??
Ihe mines of Pennsylvania are the deepest of all mLes S s
far developed. Must we stop at the line of Pennsy vania in
quest of information because, forsooth, we may b y making that
inquiry invade the rights of a State?
* * taxing that

f/ P b e S e c t o r fro m M a in e s u g g e s ts t h a t g r e a t fire s o c c u r
t h o s e v i s i t a t i o n s c o m in g t o a l l s e c ti o n s o f t h e c o u n tr y . ' W o u ld
e d e p i n e t h e D i s t r i c t o f C o lu m b ia , i n q u e s t o f g o o d f ir e a p p a r a m s , o f t h e p r i v il e g e o f g o in g t o B a l t i m o r e t f e x u m i n e T e
, » n ^ r i 0 r t0 1i eW I o r k f o r t b e P u r P o s e o f l o o t i n g u p h o o k s
I ' J h'
a n d ^ “ 'P m e n t in u s e a n d f o u n d s e r v i c e a b l e t h e r e ’
F * ® , p r i n c i p l e a s t h a t s u g g e s t e d in o p p o s i t io n t „ t h i s
a m e n d m e n t t h a t o b j e c t io n w o u ld b e r a i s e d .
T h e S e n a t o r f r o m I n d i a n a s u g g e s t s t h a t 'w e h a v e m a d e i n v e s ­
t i g a t i o n s w i t h r e f e r e n c e to t h e b o ll w e e v il. T h e S e n a t o r f r o m

v ie u - nfCaf i e ' i Xt Wr 3 o u ly a q u e s t i o n o f P r o t e c t i n g p r o p e r t y . I n
u o f t h e lo n g l i s t o f p r e c e d e n t s w h e r e C o n g r e s s l n s ' n n r i o
a p p r o p ria tio n s f o r in v e s tig a tio n s p u re ly w h e re p ro p e rty in te r
e s t s w e r e a t s t a k e , c e r t a i n l y in t h i s i n s t a n c e , S f n o t o n ly

T

c a n P?ffordb ,to ! ? ! ! s t a k e - t h e C o n g r e s s o f t h e U n i t e d S t a t e s
c a n a r i o i d to m a k e t h i s s m a ll a p p r o p r i a t i o n .

, 1 ; E o P M c e v il g o t u p t o t h e S t a t e lin e t h e i n v e s t i g a t o r w o u ld

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Qt+ r e ! t \ I f t ll e c o a I SU I)ply o f t h e c o u n t r y i s n o t a
e
m a tte r o f in te r s ta te in te re s t, w h a t c a n b e? O u r g r e a t in d u s ­
t r i e s c a n n o t r u n w i t h o u t t h e f u e l t h a t i s d u g o u t o f t h e m in e s
fin d c e r t a i n l y i f t h e r e i s a n y o n e i n d u s t r y in t h e c o u n t r y w h ic h
a f f e c ts a l l o f t h e p e o p le o f t h e U n i t e d S t a t e s , i t is t h e * m i n in g
i n d u s t r y , w h ic h f u r n i s h e s t h e f u e l in t h e h o m e s a n d in t h e f a c ­
t o r i e s w h ic h p r o d u c e t h e a r t i c l e s o f i u t e r s t a t e c o m m e rc e .
M r. P r e s i d e n t , I t h i n k I h a v e b e e n f a i r l y c o n s e r v a t i v e a s to
b ills ' B e fo re 1 c a m e to th is b o d y I h a d som et n i n g l ik e t e n y e a r s ' s e r v i c e in c o n n e c ti o n w i t h a p p r o p r i a t i o n
h p in n f SeT ^ e r e ' ■ 1 d ° 110t b e lie v e a n y b o d y e v e r c h a r g e d m e w i t h
S
T
reCki eSI I a h a n d l i n g t h o s e b ills , a n d I a m n o t r e c k l e s s
fe o f« , 1 5
th,e S e n a t e *o a s s i s t t b i s g r e a t i n d u s t r y w h ic h a f cct}, u s a ll , w h e r e l i f e i s b e in g l o s t a t a n e n o r m o u s r a t e w h e r e
t h e c o u n t r y i s l o s in g m il l io n s o f d o l l a r s a i m u a l l v t h r o u g h
m e n ! n f f ? r l f h t h ^ Zeu t l i e . illV f tig}lti011 p r o p o s e d - 11 the a r n e n d thD
7y
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P e n n s y l v a n i a is a d o p te d , t h e n
i s , J ! ls in ,a ! l a n g u a g e o f m y a m e n d m e n t a s o r i g i n a l l y d r a f t e d
i s r e s t o r e d in t h e f o r m in w h i c h I t h i n k i t s h o u l d p a s s

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a

h a \ e to l e t h i m g o o n h i s w a y w i t h o u t a n y f u r t h e r i n v e s t i g a t i o n
a t a l l . W h e n e v e r t h e g y p s y m o th r e a c h e d t h e l in e o f a S t a t e
lie w o u ld b e f r e e f r o m f u r t h e r i n t e r f e r e n c e b y t h e F e d e r a l i n ­
s p e c to r o r s c ie n tif ic m a n , b e c a u s e , f o r s o o t h , i f h e o b s e r v e d h im
a n y f u r t h e r w e m ig h t in v a d e th e r ig h ts o f th e S ta te s
N o w , in t h i s p a r t i c u l a r c a s e i t i s o f s u p r e m e i m p o r t a n c e t h a t
t h e b e s t t h o u g h t o f t h e c o u n t r y o n t h e s u b j e c t o f s a f e t y i n m in m g p a r t i c u l a r l y f o r c o a l, s h a l l b e a t t h e d i s p o s a l o f C o n g r e s s .
I s h o u l d l ik e t o s e e t h i s n a t i o n a l la w , a s a p p l i e d t o T e r r i t o r i e s
m a d e a m o d e ! l a w w h ic h m i g h t w i t h j u s t i c e a n d w i t h p r o f i t t o
t h e S t a t e s b e a d o p t e d b y t h e m a l l . i f w e c o n fin e , a s t h e b ill
d o e s , t h e i n v e s t i g a t i o n t o t h e T e r r i t o r i e s a n d to t h e d i s t r i c t o f
A la s k a , w e w ill g e t little o r n o in fo rm a tio n . P ro b a b ly a ll th e
in fo rm a tio n o b ta in a b le in th e d is tr ic t o f A la s k a a n d th e T e rrit o r i e s is n o w o n file i n t h e office of the S e c r e t a r y o f t h e I n t e r i o r
01 o n e o f h i s b u r e a u s . W b a t w e d o n e e d iu o r d e r t o l e g i s l a t e
i n t e l l i g e n t l y f o r t b e T e r r i t o r i e s is k n o w le d g e w h ic h c a n b e o b ­
t a i n e d o n ly b y a w i d e r a n g e o f i n v e s t i g a t i o n ; a n d t b e S e n a t o r
f r o m P e n n s y l v a n i a h a s p e r f o r m e d a s e r v i c e f o r t h e S e n a te , I
t h i n k , in m o v in g t o s t r i k e o u t t h e w o r d s “ in t h e T e r r i t o r i e s
a n d in t h e d i s t r i c t o f A l a s k a , ” a n d t h a t , b e i t k n o w n , i s a l l t h e
a m e n d m e n t p r o p o s e s , a n d t h o s e w o r d s a r e o n l y s t r i c k e n o u t in
c o n n e c tio n w i t h t h e d i r e c t i o n to i n v e s ti g a te . L e t m e r e a d t h e
a m e n d m e n t a s i t n o w r e a d s a n d a s i t w o u ld r e a d i f t h e a m e n d ­
m e n t o f t h e S e n a t o r f r o m P e n n s y l v a n i a w e r e a d o p te d . T h i s
ite m i s :

su m
.< A R T E B - M r - P r e s i d e n t , o r d i n a r i l y I h a v e v e r y g r e a t
r
J n i p a t l i y w i t h t h e v i e w s o f t h e S e n a t o r f r o m M a i n e [ M r.
a s e x p re ss e d , a n d th e d e s ire a s m a n ife s te d , to k e ep th e
o u e ra l G o v e rn m e n t f a ir ly w ith in th e r a n g e o f i ts le g itim a te
ju n c tio n s . W e h a v e h a d a ll s o rts o f e x p e rim e n ta l w o rk p re s e t n e d f o r o u r c o n s i d e r a ti o n , a n d t h e l a t e s t is n o t m o r e e x t r a v a ­
For continuing the work authorized by the act approved March t
1801 . and for the protection o f the lives o f miners in the Territories
g a n t t h a n s o m e t h a t h a v e g o n e b e f o r e . A g e n tl e m a n s u g g e s te d
| ‘a t t h e n a t u r a l i s t s h a d a n n o u n c e d , a n d d o u b t l e s s c o r r e c tl y , and in tbe district o f Alaska, and for conducting such investi>nfiv,na
in the Territories and in the district o f A laska as w ill i n c r e a s e d fee v
t h a t t h e b i r d s h a v e n o t i m p r o v e d t h e i r n e s t s in a t h o u s a n d and efficiency in mining.
y
y e a r s ; t h a t t h e y w e r e m a n i f e s t l y u n i n f o r m e d o f tlie a d v a n c e o f
T h e S e n a t o r p r o p o s e s to s t r i k e o u t “ in t h e T e r r i t o r i e s a n d in
m o d e m s c ie n c e , a n d t h a t s o m e th i n g s h o u l d b e d o n e iu t h e w a y
t h e d i s t r i c t o f A l a s k a , ” so t h a t i t w i l l r e a d “ a n d f o r c o n d u c t i n g
° f p r e p a r i n g l e g i s l a ti o n t o e n a b l e t h e b i r d s t o i m p r o v e t h e i r
s u c h i n v e s t i g a t i o n s a s w i l l i n c r e a s e s a f e t y a n d e ffic ie n c y in
n o s ts . W e h a v e v e n t u r e d u p o n m a n y a fie ld q u i t e a s i m p r a c t i ­
m in in g ,” b e t h e m in i n g c o n d u c te d w h e r e i t m a y w i t h i n ’ t h e
c a b le a s a r r a n g i n g f o r t h e i m p r o v e m e n t o f b i r d s ’ n e s t s .
j u r i s d i c t i o n o f t h e c o u n t r y o r a n y w h e r e e ls e i n t h e w o r ld
B u t , M r. P r e s i d e n t , t h is , to m y m in d , i s n o t a d e p a r t u r e to
I t h i n k t h e a m e n d m e n t o f t h e S e n a t o r f r o m P e n n s y l v a n ia
b e c la s s if ie d i n t h a t c a t e g o r y . T h e a c t o f 1 8 9 1 o r i g i n a t e d in a
s h o u l d b e a d o p te d a n d i f i t i s n o t a d o p te d , t i l s p r o f f i
0
c o m m i tt e e o f t h e H o u s e , o f w h i c h I h a p p e n e d a t t h e t i m e to b e m a k e a n a p p r o p r i a t i o n f o r a n i n v e s t i g a t i o n c o n f in e d to a u J *
c h a i r m a n , a n d I h a d s o m e th i n g t o d o w i t h t h e f r a m i n g o f t h e
a n d t h e T e r r i t o r i e s s h o u ld b e s t r i c k e n o u t, b e c a u s e i t w i n b a
X U I-------2 3 2




CONGRESSIONAL RECORD— SENATE.

3698

fruitless and futile, as we have on hand all the information
which could be elicited by any such investigation.
Mr. BACON. Mr. President, I desire to say only a word. I
do not suppose there is any Senator who will accuse me o
being indifferent to the question of the encroachment by the
Federal Government upon States rights or privileges or pre­
rogatives. I do not think the amendment of the Senator from
Pennsylvania [Mr. K nox] involves that question. If I dm, 1
should be very cautious in giving it my support. l ^ aenator
wide of that question. The presentation made by the Senator
from Montana [Mr. Carter] so correctly states ^y views that
I do not think it necessary to repeat in any
„
has said. I think it relates simply to an investigation and
has been very clearly stated by the Senator from
L u
H emenwatJ it relates to a matter entirely
good many things as to which we have made ■eresugaUOT.s
relating to different industries; one in which Ith m
e ^n
proceed without danger of the encroachment which hasi oee^
suggested bv the Senator from Maine [Mr. H a l !.

j

s

g

S

&

E

m

s

a

^ r s i n f n T v S f M r . President, to make one remark in that
connection, and’ that is that the strlM“ S »ut
“ ^ a y tta t
they shall go hito the Stated " t t e s j o t have
s W e k e n o u t t h e I n v e s t i g a t i o n c a n b e m a d e i n E n g to n d l * > * «

Makch

21,

O f c o u r s e i t m a y o c c u r , e v e n t o t h e S e n a t o r f r o m M a in e , a n d
to e v e ry o th e r S e n a to r, n o m a t t e r w h a t h is v ie w s m a y b e u p o n
t h e p r o p e r f u n c t i o n s o f t h e S t a t e a n d F e d e r a l g o v e r n m e n ts ,
t h a t w e n o w h a v e a n d f o r m a n y y e a r s h a v e h a d a p p r o p ria tio n s
f o r th e D e p a r tm e n t o f C o m m e rc e a n d L a b o r to e n a b le i t to
s e n d s p e c ia l in v e s tig a to r s to fo r e ig n c o u n tr ie s to in v e s tig a te
m a n u f a c tu r in g , to in v e s tig a te m a n y th in g s t h a t c o n c e rn th e
c o m m e rc ia l d e v e lo p m e n t o f th o s e c o u n tr ie s w h ic h a r e o u r
riv a ls , a n d to m a in ta in t h a t w e m a y m a k e s u c h a n a p p r o p r ia ­
tio n f o r s u c h a n in v e s tig a tio n in fo re ig n c o u n tr ie s a n d y e t c a n
n o t m a k e a n a p p r o p ria tio n fo r a m o re n e c e s s a ry in v e s tig a tio n
in o u r c o u n try is a c o n tr a d ic tio n in te rm s .
I t h a s b e e n p o in te d o u t, a n d i t is n o t n e c e s s a ry fo r m e to re ­
p e a t, a lth o u g h I h a v e th e la w s h e r e — th e a p p r o p r ia tio n la w o r
la s t y e a r a n d th e o n e fo r th e y e a r b e fo re t h a t — t h a t th is h a s
b e e n th e u n if o r m p r a c tic e ; a n d w h e n th e S e n a to r fro m M a in e
s a i d t h a t t h e r e n e v e r h a d b e e n a t i m e w h e n o n e o f t h e s e a p P r<>
p r i a t i o n s w a s p r o p o s e d t h a t h e h a d n o t r e s i s t e d i t , ®v e n “ “
w a s n e c e s s a r y t o s t a n d s i n g l e - h a n d e d a n d a lo n e , l i k e H o r a t i o a t
th e b rid g e , I h a d a lm o s t a s k e d h im w h e th e r o r n o t, w h e n a n
a p p r o p r i a t i o n w a s p r o p o s e d t o i n v e s t i g a t e t h e r a v a g e s o r t ti e
g y p s y m o t h in N e w E n g l a n d , t o w h i c h m y c o ll e a g u e c a l l e d a t t e n ­
t io n , h e h a d b e e n w a t c h i n g f o r t h e d a n g e r o u s e n c r o a c h m e n t s o i
t h e F e d e r a l p o w e r . I d o n o t t h i n k t h e r e c o r d s w i l l d i s l o s e i t.
N o r h a s a n y S e n a to r f r o m th e o th e r s e c tio n o f th e c o u n tr y
b e en fo u n d to r e s is t th e a p p r o p r ia tio n s to in v e s tig a te a n d ^ o p
t h e r a v a g e s o f t h e b o l l w e e v il. I t w a s a t t h a t t i m e t h e i r o w n
c r o p s w h i c h w e r e i m p e r i l e d b y t h e b o ll ■weevil i n t h e S o u t h ,
j u s t a s t h e t r e e s a n d c r o p s o f N e w E n g l a n d w e r e i m p e r i l e d by
th e g y p sy m o th in th e N o r th . T h e n w e h a v e in v e s tig a te d th e
in ju r y w ro u g h t b y c a ttle tic k s ; w e h a v e p ro v id e d fo r th e in s p e c ­
tio n o f g u a r a n te e d c a t t l e ; w e s e n t p h y s ic ia n s to in v e s tig a te th e
y e ll o w - f e v e r m o s q u i to i n N e w O r l e a n s , a n d n o b o d y d i s c o v e r e d
F e d e r a l e n c ro a c h m e n t in a n y o f th e m . W e h a v e n o t a tta c k e d
a g r ic u ltu r a l e x p e rim e n t s ta tio n s in S ta te s a n d m a n y o th e r

found, either in this country or in any other country.
Mr. BEVERIDGE obtained the floor.
Air O W E N . Mr. President-----_
.
Mr. BEVERIDGE. I yield to the Senator from Oklahoma.
/~M r OWEN. Mr. President, I wish to give my adherence to
/the amendment proposed by the Senator from Pennsylvania
i rMr K nox]. In Oklahoma we have had many most senous
accidents in coal mines. I do not regard this amendment aB in­
vading in any degree the rights of any State any more than
the Weather Bureau invades the rights of the States of the
Union. We have this information with regard to the weather,
obtained by stations from one end of the country to the other,
for the information and for the welfare of the people of the
United States. There is only one point in the proposed amendment, and that is as to where these investigations shall be made.
The original act confined the investigations to New Mexico,
| Arizona, and Alaska. This amendment leaves ^ X l d e a n d
1 gations to be made wherever it may be found profitable . d
U The fuel bill of the United States amounts to about sixteen
hundred million dollars. The output of coal amounts o_ *
000,000 tons per annum. The waste m the mines of the United
States amounts to nearly 400,000,000 tons, a matter o
y
great national importance; and while the purpose of t e
original act is to protect the lives of the miners and to promote
their welfare in the Territories, when this information shall
have been gathered together it will serve a most »^fulpurpose in protecting the lives of m i n e r s throughout the U
States, because that knowledge will be available foi e\ery

th in g s .
. . .
S o, M r . P r e s i d e n t , i t b e c o m e s c l e a r t o a l l o f u s e v e n o n h a i r
o f a s e c o n d t h o u g h t t h a t t h e d a n g e r o f “ F e d e r a l en croa ch m en t ’
la r g e ly d e p e n d s u p o n w h o s e o x is g o re d .
B u t t h i s i s a n e v il
J t h a t i s n o t c o n f in e d t o T e x a s , l i k e t h e b o ll w e e v il, n o r t o N e w
E n g l a n d l i k e t h e g y p s y m o th . I t a f f e c t s t h e e n t i r e R e p u b l i c .
. I t n o t a lo n e c o n c e rn s p r o p e r ty ; i t d o e s c o n c e rn p r o p e rty , b u t
‘ a l s o i t c o n c e r n s h u m a n l i f e a s w e ll.
D o e s a n y t h i n g m o r e n e e d t o b e s a i d t h a n t h a t If, w i t h o u t
o b j e c t io n , w e m a d e a p p r o p r i a t i o n s to s e n d s p e c i a l a g e n t s t o
e v e ry E u ro p e a n c o u n tr y t h a t is o u r r i v a l to in v e s tig a te m a n u ­
f a c t u r in g th e re , to in v e s tig a te e v e ry fo rm o f c o m m e rc ia l a c ­
t i v i t y , w e s u r e l y c a n d o t h e s a m e t h i n g in o u r o w n c o u n t r y t
I h a d w o n d e r e d w h e n t h e S e n a t o r f r o m M a i n e t u r n e d so
p a th e tic a lly to th e S e n a to r fro m P e n n s y lv a n ia , r e g r e ttin g h is
a p o s ta c y to w h a t h e re g a rd e d a s a m u tu a l p la tf o r m o f co n ­
s e rv a tis m , a n d s a id “ E t tu , B r u te ,” t h a t h e d id n o t a d d
t h e r e m a i n d e r o f t h e q u o t a t i o n a n d s a y : ‘ T h e n f a l l C a e s a r.
[L a u g h te r.]
,
. . .
.. ...
M r. N E W L A N D S .
M r. P r e s id e n t, I a s s u m e t h a t if tin s
a m e n d m e n t is to b e a d o p te d i t w ill b e c o m e a la w u n d e r o n e
o f th e g r a n te d p o w e rs c o n ta in e d in th e C o n s titu tio n .
I fa v o r
th e a m e n d m e n t, a n d I m u s t c o n fe s s t h a t I w a s s o m e w h a t s u r ­
p r i s e d t o f in d t h a t t h e S e n a t o r f r o m G e o r g i a [ M r . B aco n ]
fa v o re d it
T h e o t h e r d a y w h e n I w a s u r g i n g u p o n t h i s f lo o r
th e p ro p o s itio n t h a t S ta te b a n k s a r e e n g a g e d in i n te r s t a te co m ­
m e rc e j u s t a s S t a te r a il r o a d s a r e , t h a t i n te r s t a te e x c h a n g e is
a p a r t o f i n te r s t a te c o m m e rc e j u s t a s i n te r s t a te t r a n s p o r ta tio n
is t h a t if u n d e r th e g r a n te d p o w e rs re g a rd in g in te r s ta te co m ­
m e r c e C o n g r e s s c o u ld t a k e h o l d o f a S t a t e r a i l r o a d a n d a p p l y
i s a f e t y a p p l i a n c e s , i t c o u ld a l s o t a k e h o l d o f a S t a t e b a n k a n d
[ a p p l y t h e s a f e t y a p p l i a n c e s o f a n a d e q u a t e r e s e r v e a n d a su fflI c ie n t c a p ita l, I w a s m e t b y th e S e n a to r f r o m G e o rg ia w ith th e
[q u e s tio n a s t o w h a t th e r e w a s in th e w h o le r a n g e o f le g is la tio n
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t h e r e w e r e 9,000 p e r s o n s k i l l e d o r w o u n d e d i n t h e m in e s . I h s
is a v e ry im p o r ta n t n a tio n a l m a tte r , a ffe c tin g th e lif e o f o u r
c itiz e n s a n d a ffe c tin g t h e c o n s e rv a tio n o f o u r n a t u r a l re s o u r c e s
in c o a l a n d fu e l. T h e r e f o r e , I t h in k t h e n e e d is a p p a r e n t, a n d
o f t h e C o n s t i t u t i o n . N o w I a s s u m e ------t h a t t h e G o v e r n m e n t o u g h t n o t t o b e c o n f in e d in i t s i n v e s t i g a ­
M r . T E L L E R . M r . P r e s i d e n t ------tio n to th e lim ite d a r e a o f th e T e r r ito r ie s , b u t t h a t it sh o u ld
M r . B A C O N . I h o p e t h e S e n a t o r , i n r e p l y ------b e a t lib e rty to m a k e in q u iry w h e re v e r i t m a y be, f o r th e p u r ­
T h e V IC E -P R E S ID E N T .
D o es th e S e n a to r fro m N e v a d a
p o s e o f g e t t i n g t h e i n f o r m a t i o n n e c e s s a r y f o r t h e u s e n o t o n ly
y ie ld to t h e S e n a to r f r o m C o lo ra d o ?
o f th e G o v e rn m e n t in th e T e r r ito r ie s , b u t fo r th e u se o f th e
M r. N E W L A N D S . C e r ta in ly .
d if f e r e n t S ta te s in th e U n io n .
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M r. B E V E R I D G E . M r . P r e s i d e n t , u n t i l t h e S e n a t o r f r o m
G e o r g ia [ M r . B acon] h a d s p o k e n I h a d i n t e n d e d t o o c c u p y o n e n o t i n t e r f e r e w i t h h i m . I s t h e r e a n y t h i n g t h e S e n a t o r w o u l d
n o t in c lu d e in t h e p o w e r o f th e G o v e rn m e n t to r e g u la te I n te r ­
- o r tw o m i n u t e s o f t h e S e n a t e ’s t i m e i n c o m m e n t i n g u p o n t h e
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s t a t e m e n t o f t h e S e n a t o r f r o m M a i n e [ M r . H ale ] ; b u t s i n c e t h e s t a t e c o m m e r c e ?
M r. N E W L A N D S .
T h a t Is t h e q u e s t i o n t h e S e n a t o r f r o m
S e n a to r fro m G e o rg ia , t h a t s le e p le s s a n d m o s t w a tc h f u l s e n tin e l
u p o n t h e r a m p a r t s o f S t a t e s r i g h t s , s e e s n o p e r i l i n t h i s i n v e s t i ­ G e o r g i a a s k e d m e t h e o t h e r d a y , a n d I w a s a l l u d i n g to it.
M r. T E L L E R . I w is h t h e S e n a to r w o u ld a n s w e r i t n o w .
g a tio n , I su p p o s e it is n o t v e ry n e c e s s a r y f o r a n y p e rs o n w h o
M r. B A C O N . I w a n t t h e S e n a to r to s t a t e t h e a n s w e r w h ic h
a d v o c a te s th is m o st h u m a n e a p p r o p ria tio n to s a y a n y th in g
fu rth e r.
h e g a v e a t t h a t tim e . 1 w ill s t a t e i t n o w , w ith h is p e m C s f ic a .




1908.

CONGRESSIONAL RECORD— SENATE.

w h a te v e r b y th e la w . I t m a y lo a n i t to th e s tr e e t- c o r n e r s p e c u ­
l a t o r , o r i t m a y l o a n i t u p o n a n y s e c u r i t i e s t h a t i t w o u l d lo a n
w h a t m ig h t be te rm e d its f r e e m o n ey .
T h e r e is n o th in g in th e re p ly t h a t b a n k s m u s t c a r r y a f u n d
a g a in s t w h ic h to m a k e e x c h a n g e a n d d r a w d r a f ts . T h a t is a
d if f e r e n t c la s s o f m o n ey . T h a t is f r e e m o n ey , a s d is tin g u is h e d
fro m th e re s e rv e m o n ey , a n d i t d o e s n o t e n te r in to th e c o n ­
s i d e r a t i o n o f t h i s q u e s t i o n a t a l l . T h e b a n k m a y c a r r y t h a t in
th e s h a p e o f a c r e d it u p o n th e d e p o s it o f s e c u ritie s , o r i t m a y
c a r r y i t u p o n t h e s t r e n g t h o f a c t u a l m o n e y d e p o s i te d , b u t i t i s
n o p a r t o f t h e c o n s i d e r a t i o n o f t h i s b ill. O u t o f t h e s e v e r a l
h u n d r e d le t t e r s a n d a n s w e r s w h ic h I h a d in r e g a r d to th e w is ­
d o m o f a l l o w i n g t h e l a w f u l m o n e y r e s e r v e s t o b e d e p o s i te d in
N e w Y o rk , m o re t h a n a d o z e n o f t h e b a n k e r s g a v e a s a r e a s o n
w h y t h a t t h e y m u s t h a v e a f u n d i n N e w Y o r k a g a i n s t w h ic h
t o d r a w e x c h a n g e a n d d r a f t s , i l l u s t r a t i n g h o w i ll y a d v is e d t h e y
w e re a s to th e n a tu r e o f th e re s e rv e s , h o w c o m p e te n t th e y w e re
t o p r o t e c t t h e m o n e y o f t h e i r d e p o s i t o r s . I n t h o s e c a s e s I to o k
c a r e to w r ite th e m s u g g e s tin g t h a t th e y h a d m is ta k e n th e c la s s
a n d th e c h a r a c te r o f th e s e d e p o s its a n d t h a t I w a s n o t r e f e r r in g
t o t li e f r e e m o n e y w h i c h m i g h t b e m a d e a v a i l a b l e f o r t h a t p u r ­
p o se , b u t to th e m o n e y t h a t w a s a f u n d h e ld s a c re d to p a y
d e p o s ito rs u p to th e l a s t d o lla r.
N o b a n k s h o u l d b e a ll o w e d t o c lo s e i t s d o o r s a g a i n s t t h e p a y ­
m e n t o f m o n e y d u e i t s d e p o s i t o r s so lo n g a s i t h a s a c e n t a v a i l ­
a b l e f o r t h a t p u r p o s e ; a n d e v e r y c e n t t h a t i t h a s is , u n d e r t h e
l a w , a v a i l a b l e f o r t h a t p u r p o s e . T o e n a c t a b i ll u p o n t h e q u e s ­
t i o n o f f in a n c e a t a l l a t t h i s t i m e a n d t o f a i l t o s o a m e n d t h e e x ­
i s t i n g l a w i n r e g a r d to t h i s v e r y s u b j e c t , o u t o f w h i c h t h e l a t e
f i n a n c ia l f l u r r y g r e w a n d w h i c h w a s t h e o r i g i n o f i t , s e e m s t o m e
w o u l d b e to f a i l i n t h e p e r f o r m a n c e o f o u r d u t y .
M r. B E V E R I D G E . [W ill t h e S e n a t o r f r o m I d a h o p e r m i t m e
t o a s k h im a q u e s t io n ?
I lie V I C E - P R E S I D E N T . D o e s t h e S e n a t o r f r o m I d a h o y ie ld
to th e S e n a to r fro m I n d ia n a ?
M r. H E Y B U R N . C e r t a i n l y .
M r. B E V E R I D G E . I w a n t to a s k t h e S e n a t o r a q u e s t i o n f o r
In fo rm a tio n .
I s i t t h e S e n a t o r ’s p o s i t io n t h a t t h e r e s e r v e s
s h o u l d b e k e p t in t h e b a n k s i n t a c t a n d n o t i n v e s te d in a n y t h i n g ?
M r. IIE Y B U R N . N o t b e in v e s te d a t a ll.
M r . B E V E R I D G E . B e j u s t s i m p ly h e l d t h e r e ?
M r . I I E Y B U R N . Y e s.
M r . B E V E R I D G E . I u n d e r s t o o d t h a t t o b e t h e S e n a t o r ’s
p o s i t io n . N o w , t h e q u e s t i o n w h i c h o c c u r r e d t o m y m in d w a s ,
w h e t h e r o r n o t t h a t w o u ld n o t lo c k u p f r o m c i r c u l a t i o n a v e r y
g r e a t q u a n tity o f m o n e y th r o u g h o u t th e c o u n try , a n d m ig h t it
n o t r e s u lt in a v e ry s e rio u s c o n tra c tio n . T h a t is w h a t I w is h to
a s k t h e S e n a to r .
M r. I I E Y B U R N . I s h a l l r e p l y to t h e S e n a t o r f r o m I n d i a n a .
T h a t l i a s b e e n t h e p r o p o s i t io n w i t h w h i c h w e h a v e a l w a y s b e e n
m e t — t h a t i t w o u ld lo c k u p t h e m o n e y . I t w o u ld lo c k i t u p
a g a i n s t c e r t a i n u s e s ; b u t i t w o u ld h o l d i t s a c r e d a n d f r e e a n d
lib e r a l fo r o th e r u ses.
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o c c u r r e d t o m y m in d a s t h e S e n a t o r s p o k e o f i t w a s , i f t h e r e ­
s e r v e s w e r e k e p t i n t a c t a n d n o t u s e d a t a l l , i f t h e y w e r e h e ld
t h e r e a g a i n s t t h e p o s s ib l e d e m a n d o n t h e b a n k a t s o m e tim e ,
w h e t h e r o r n o t a v e r y l a r g e s u m o f m o n e y w o u ld n o t b e t a k e n
o u t o f th e u s e s o f c o m m e rc e ?
'1 lie S e n a t o r c e r t a i n l y k n o w s — I d o n o t — h o w m u c h m o n e y
i n t h e a g g r e g a t e t h r o u g h o u t t h e c o u n t r y w o u ld b e r e q u i r e d to
k e e p t h e s e r e s e r v e s i n t a c t . H o w m u c h w o u ld i t b e, I w i l l a s k
t h e S e n a to r ?
M r. H E Y B U R N . S u b s t a n t i a l l y $ 9 0 0 ,0 0 0 ,0 0 0 .
T h a t is n e a r
enough.
M r. B E V E R I D G E . S o t h a t p r o p o s i t io n w o u ld b e t o lo c k u p
$ 9 0 0 ,0 0 0 ,0 0 0 a t l e a s t f r o m t h e u s e o f t h e p e o p le ?
M r. H E Y B U R N . I t w o u ld n o t lo c k i t u p f r o m t h e u s e o f
t h e p a r t i e s w h o d e p o s i te d i t , b u t i t w o u ld s im p ly w i t h d r a w i t
f r o m a c e r t a i n c l a s s o f u s e o r i n v e s tm e n t. I t w o u ld m a k e i t
a v a ila b le f o r a m o re u se fu l p u rp o se on th e p a r t o f th e o w n e rs
o f t h e m o n e y , w h e t h e r y o u c o u n t t h e b a n k o r t h e d e p o s i to r
t h e o w n e r o f i t . I t s im p ly s a y s t h a t y o u s h a l l n o t s p e c u la te
w ith th is m o n e y b ey o n d a c e r ta in m a rg in .
N o w , b e a r In m in d , M r. P r e s i d e n t , t h a t t h e r e is , f i r s t , $900,000 ,000 — a n d I u s e t h o s e f ig u r e s b e c a u s e t h e y a r e c lo s e e n o u g h ;
t h e y a r e a p p r o x i m a t e l y t h e a v e r a g e f ig u r e s — t h e r e a r e $900,*
000,000 t h a t a r e s u p p o s e d t o b e in e x is te n c e a s t h e p a id - u p
c a p i t a l o f t h e n a t i o n a l b a n k s , w h ic h i s p r e s u m e d t o h a v e b e e n
p a i d u p w h e n t h e b a n k s o r g a n iz e d a n d o p e n e d t h e i r d o o r s f o r
b u s i n e s s . T h e l a w r e q u i r e s t h e C o m p tr o l l e r o f t h e C u r r e n c y to
k n o w t h a t it is p a id u p a s a m a tte r o f fa c t. I t m a y b e t h a t
s o m e tim e s a p a r t o f t h a t Is in p r o m is s o r y n o te s , b u t w h e t h e r
I t is o r n o t, t h e y a r e s u p p o s e d t o b e g o o d , a n d t h e r e a r e $900,000,000 t h a t t h e b a n k s a r e a t l i b e r t y t o d o a s t h e y p le a s e w ith .
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t i m e o f t h e S e n a te i n e x p l a i n i n g o r p r e s e n t i n g t h i s a m e n d m e n t
w e r e i t n o t t h a t I d e e m i t a b s o l u t e l y e s s e n t i a l t h a t s o m e le g is l a t i o n o f t h i s k in d , r e p r e s e n t e d b y t h e a m e n d m e n t w h i c h I h a v e
o f f e r e d , b e e n a c te d n o w a s a p a r t o f t h i s b ill. T h e r e i s n o t a n ­
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j a a c P° t h e c o u n t r y . T h e r e i s n o c o n d it i o n e x i s t i n g t o - d a y
t h a t d e m a n d s le g is la tio n p ro v id in g fo r th e is s u a n c e o f a n e m e r­
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u p o n t h i s q u e s t io n , w e a r e o n ly o f f e r in g a t e m p t a t i o n t o s p e c u ­
la te . W e sa y , “ G o a h e a d , ju m p in to d e e p w a te r , a n d w e w ill
p ro v id e th e m e a n s o f g e ttin g y o u o u t,” a n d j u s t a s s u re ly a s
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t h i s a m e n d m e n t , b e c a u s e m y im p r e s s io n i s t h a t t h e c o m m i tt e e is
n o t In f a v o r o f r e t a i n i n g t h e r e s e r v e s a s p r o v i d e d b y t h i s a m e n d ­
m e n t ; b u t I c a n n o t l e t t h i s b ill g o o u t t o t h e c o u n tr y , i f i t i s to
g o o u t, o r g o o u t o f t h i s C h a m b e r w i t h i t s a p p r o v a l , w i t h o u t p r e ­
s e n t i n g t h i s q u e s t io n o f t h e l a w f u l m o n e y r e s e r v e s a n d t h e a b ­
s o lu te n e c e s s ity f o r m a in ta in in g tb e i r in te g r ity a s r e a l re s e rv e s
a s c o n t r a d i s t i n g u i s h e d f r o m t b e p h a n to m a n d f ic tio n t h a t is
to -d a y c a lle d th e la w fu l m o n e y r e s e rv e o f th e n a tio n a l b a n k s .
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r e a s o n s w h y t h e a m e n d m e n t o f t h e S e n a t o r f r o m I d a h o [ M r.
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o f t h e S e n a t e f o r a f e w m o m e n ts i n c a l l in g a t t e n t i o n t o t w o o f
t h e m , w h ic h , in m y j u d g m e n t , a r e i n d i c a t i v e o f t h e c h a r a c t e r
o f t h e a m e n d m e n t a s a w h o le .
I n t h e f i r s t p la c e , t h e S e n a t o r f r o m I d a h o p r o p o s e s t o r e d u c e
t h e r e s e r v e s i n t h e b a n k s in t h e c e n t r a l r e s e r v e c itie s , S t. L o u is ,
N e w Y o r k , a n d C h ic a g o , f r o m 2 5 t o 1 5 p e r c e n t. S u c h le g i s ­
l a t i o n w o u ld b e e x t r e m e l y u n w is e .
I n t h e n e x t p la c e , t h e S e n a t o r f r o m I d a h o p r o p o s e s t h a t t h e
r e s e r v e s in t h e b a n k s s h a l l b e in l a w f u l m o n e y o f t h e U n i t e d
S t a t e s , a n d i n n o t h i n g e ls e . “ L a w f u l m o n e y o f t h e U n i t e d
S t a t e s ” i s g o ld c o in , s i l v e r d o l la r s , a n d l e g a l - t e n d e r n o te s . T h e
n a t i o n a l b a n k s h e ld a t t h e l a s t r e p o r t $ 3 0 0 ,0 0 0 ,0 0 0 o f th e s e ,
a n d , i f t h e S e n a t o r i s c o r r e c t i n h i s s t a t e m e n t t h a t $ 9 0 0 ,0 0 0 ,0 0 0
a r e r e q u ir e d , h e w o u ld h a v e t o t a k e o u t o f c i r c u l a t i o n o r fin d
s o m e w h e r e $ 6 0 0 ,0 0 0 ,0 0 0 o f g o ld c o in , s i l v e r d o l la r s , a n d le g a lt e n d e r n o te s , w h ic h a r e n o t i n e x is te n c e n o w o r a r e in u s e f o r
o t h e r p u r p o s e s , a n d p u t t h e m i n t o t h e b a n k s o f t h e c o u n tr y .
I t h i n k t h o s e t w o s t a t e m e n t s a r e s u f f ic ie n t t o c o n v in c e t h e
S e n a t e t h a t t h e a m e n d m e n t o u g h t n o t t o b e a d o p te d .
M r. H E Y B U R N . M r. P r e s i d e n t , I c a n n o t a ll o w t h a t s t a t e ­
m e n t t o g o u n c h a lle n g e d . T h e r e a r e a p p r o x i m a t e l y f o u r t h o u ­
s a n d m il l io n d o l l a r s i n a c t u a l m o n e y in t h e U n i t e d S t a t e s —
la w fu l m oney.
M r. A L D R I C H . T h a t i s w i t h i n a t h o u s a n d m il l io n d o l l a r s
o f t h e c o r r e c t a m o u n t.
M r. H E Y B U R N . I h a v e t h e f l u c t u a t i n g f ig u r e s , a n d h a r e
th e m fro m th e sa m e so u rc e a s h a s th e S e n a to r fro m R h o d e
I s l a n d . When I s a y f o u r t h o u s a n d m illio n s , I am, a c c o r d -

i n g t o s o m e e s t i m a t e s , b e lo w t l i e r e a l a m o u n t , a n d . a c c o r d ­
in g to o th e rs , a b o v e it.
I t is n e a r e n o u g h , h o w e v e r, f o r th e p u r ­
p o se o f d e m o n s tr a tin g w h a t I p ro p o s e to s a y b rie fly .
M r. P r e s id e n t, I h a d in te n d e d to in c lu d e n a tio n a l- b a n k n o te s
in th is a m e n d m e n t a s a p a r t o f th e a v a ila b le m o n ey fo r re ­
s e rv e s . I t is c h a r g e d t h a t to d o so w o u ld b e to f a v o r a p ro c e s s
o f p o s s ib l e i n f l a t i o n t h a t w o u l d b e d a n g e r o u s a n d u n w i s e .
T h e r e f o r e , t h e r e b e i n g l e s s t h a n t h r e e q u a r t e r s o f a b i l l i o n d o li t c la s s o f m o n e y — n a tio n a l- b a n k n o te s — I c o n c lu d e d
a m e n d m e n t o n ly la w f u l m o n e y o f j j i e U
'c i r c u T p f o p , acco .
_____ ^ | ______ ___ [ f e a s i y/psoriove
t o 'm e e t t h e r e q u i r e m e n t s o f 1 5 p e r c e n t r e s e r v e s ,
a s p r o v id e d in t h is a m e n d m e n t.
'
.
I h a v e n o t f a ile d to ta k e in to c o n s id e r a tio n t h e ^ T u m e o r
m o n e y in d e te r m in in g in m y ju d g m e n t t h e w i
p o s e d l e g i s l a t i o n . W e h a v e a s f r e e m o n e y 1c
a n d a b o v e t h e a m o u n t t h a t w o u l d b e r e q u i r e d fo r*
m o n ey re s e rv e s u n d e r th e p ro v is io n s o f th is a m e n d m e n t m
t h a n tw o th o u s a n d m illio n d o lla r s in c ir c u la tio n .
I t h a s a lw a y s b e e n tr u e t h a t w h e n i t w a s p r o c e e d to c r e a te a
s a f e g u a r d f o r th e r e a l o w n e r s o f th e m o n e y d e p o s ite d m th e
b a n k s , t h a t t h e s e t e c h n i c a l o b j e c t i o n s w o u l d b e r a i s e d i n th e J ^
t e r e s t o f t h r o w i n g a l l t h e m o n e y i n t o t h e s p e c u l a t i v e c a lId ro n .
W e h a v e a lw a y s b e e n m e t w ith t h a t p ro p o s itio n . I s t h e r e n o th
in g b u t s p e c u la tio n to b e t a k e n in to c o n s id e r a tio n m d e te r m in in g
a g r e a t q u e s tio n o f t h is k in d ?
T h e r e s tf u l p ro s p e rity a n d
w e a l t h o f t h e p e o p le i s o f t h e f i r s t i m p o r t a n c e . I t i s o n ly a
v e r y s m a l l p r o p o r t i o n o f t h e p e o p le t h a t a r e e n g a g e d in o r i n ­
t e r e s te d in s p e c u la tio n , o r in b u s in e s s o f a s p e c u la tiv e c h a r a c te r .
T h e p e o p le o f t h e U n i t e d S t a t e s c a r r y i n t h e i r p o c k e t s a t a l l
tim e s a t e v e r y h o u r o f th e d a y o r n i g h t — in t h e i r p o c k e ts a n d
t il l s — m o re t h a n a th o u s a n d m illio n d o lla r s t h a t g o e s in to n o
b a n k , t h a t is in t h e im m e d ia te c u s to d y o f th e in d iv id u a ls o f th e
c o u n tr y . T h o s e fig u re s a r e a p p r o v e d b y a ll fin a n c ia l s t a t i s ­
t i c i a n s a n d w r i t e r s i n t h i s c o u n t r y . T h e a m o u n t i s o f t e n fix e d
in e x c e ss o f a b illio n d o lla rs . I t is s a f e ly t h a t m u c h .
O n th e b a s is o f t h r e e b illio n d o lla r s , o r t h r e e th o u s a n d m il­
l io n s , m o r e c o r r e c t l y s p e a k i n g , t h e r e i s s t i l l , a f t e r t y i n g u p , a s
y o u c a l l i t , a l l t h e s e r e s e r v e s a n d d e d u c t i n g t h e c a s h in t h e
p o c k e t s o f t h e p e o p le , a n o t h e r t h o u s a n d m il l io n o f d o l l a r s f i e e
m o n e y w i t h w h i c h t o d o b u s i n e s s , m a k i n g f o u r t h o u s a n d m il l io n
d o lla r s t h a t th e c o u n tr y h a s in a c tu a l c a s h . I t d o e s a b u s in e s s
th r o u g h its b a n k s r e p re s e n tin g a c r e d it o f fo u r d o lla rs fo r
every o n e in
c a sh . T h e c r e d it o f th e in d iv id u a l a n d th e
c r e d i t o f t h e p e o p le , a s a w h o le , i s m o n e y j u s t a s m u c h a s c o in
ic a n d w i t h s a f e l a w s t o p r o t e c t t h e s w i n g i n g o f t h e f i n a n c i a l
’ M r. H E Y B U B N .
re a d .
The

I d e s ir e " t o o f f e r a n a m e n d m e n t a n d h a v e i t

V IC E -P R E S ID E N T .

The

.
„
a m e n d m e n t p ro p o se d b y

„
th e

S e n a to r fro m I d a h o w ill b e re a d .
T h e Secretary. I t is p r o p o s e d t o i n s e r t a » a n e w s e c tio n t h e
fo llo w in g :
S ec . 8. T h a t from and after the 1st day o f June, 1 9 0 8 , every na­
tional banking association organized under the act o f June 3 , 1 8 0 4 , and
any act supplem ental or am endatory thereof, shall a t all tim es have on
hand in law fu l money o f the U nited S tates an am ount equal to at least
rvpr <*pnt o f tliG aggrftgatfi am ount o f its dcposits? and WuGiiGVcr the
law fu l money o f any s u c ^ a s s o c ia tio n shall be below the am ount o f 15
per cent of its deposits such association shall not increase its liability
XXVI,

a b l e t o r e a d i l y a u ju o i » w v is le f t to th e m .
______________ _______________________ ___________
by m aking any new loans otherwise than by discounting or purchasing
bills o f exchange payable a t sight.
Nor shall such banking ^ so cifttio u
make or pay any dividend o f its profits until the required propintion
o f the aggregate am ount o f its deposits and its law ful m onej ° t the
United S tates so intended to be held in reserve shall have been fully
restored, and the C om ptroller o f the Currency shall n otify an> such
association whose law ful money reserves are below the am ount above
required to be kept on hand to m ake good such reserves, and u such
association, shall fail for th irty days th ereafter to make good Its re­
serves of law ful money the C om ptroller o f the Currency shall, w ith the
concurrence o f the Secretary o f the T reasury, proceed to wind up the
business o f such association, as provided in section ubo4 o f the Revised
Statu tes o f the U nited States.
.
.
,
No part o f the la w fu l money reserves which such national banning
association is hereby required to have on hand in law fu l money o f the
U nited States shall consist o f an ything hut law ful money o f the United
States actu ally in the possession and custody o f such n ation al hanking
association.
A ll acts and parts o f acts inconsistent w ith any o f the foregoing pro­
visions o f this act are hereby repealed.




March 25,

CONGRESSIONAL RECORD— SENATE.

3864

T h e V I C E - P R E S I D E N T . T h e q u e s t i o n i s o n A g r e e in g to t h e
a m e n d m e n t p ro p o se d b y th e S e n a to r fro m Id a h o .
[P u ttin g
t h e q u e s t io n . ]
B y t h e s o u n d t h e “ n o e s " s e e m to h a v e i t .
M r . L I E Y B U R N . I s h o u l d l i k e t o h a v e a v o te o n t h a t a m e n d ­
m e n t . I m a y b e t h e o n ly o n e t o v o t e f o r i t , b u t I t h i n k I
s h o u l d l ik e t o k n o w h o w t h e S e n a t e s t a n d s o n i t .

T h e V IC E -P R E S ID E N T . D o e s th e S e n a to r d e m a n d th e
y eas an d nay s?
M r. H E Y B U R N . I a s k fo r th e y e a s a n d n a y s.
T h e y e a s a n d n a y s w e re o rd e re d , a n d th e S e c re ta ry p ro c ee d ed
t o c a l l t h e r o l l.
M r. M c E N E R Y (w h e n h is n a m e w a s c a lle d ) . I a m p a ir e d
w i t h t h e j u n i o r S e n a t o r f r o m N e w Y o r k [ M r . D epew ], b u t I u n ­
d e r s ta n d t h a t h e w o u ld v o te “ n a y ” if h e w e re p r e s e n t T h e re ­
fo r e I v o te “ n a y .”
M £ . S I M M O N S ( w h e rv -'h ls
R*as c a l l e d ) . I a m p a i r e d
i t l v t h e 'j u n i o r S e n a ^ r fr.fi
gSQ
jta. L ^ r . _ Clapp]. I d o
ro te on
h t. V
t h i s q u e s t i o n , b u t i f The w e r e h e r e I s h o u l d v o t e “ n a y /
M r . W A R N E R ( w h e n M r . Stone’ s n a m e w a s c a l l m ) . M y c o l­
l e a g u e p i r . Stone ] i s n e c e s s a r i l y a b s e n t . H e i s p a i r e d w i t h t h e
r f r o m W y o m i n g [ M r . Clark ],
\\% n R B E N ( w h e n h i s n a m e w a s c a l l e d ) . I h a v e a g e n ­
e r a l p a i r w i t h t h e s e n i o r S e n a t o r f r o m M i s s i s s i p p i [ M r . Money ],
b u t b y a r r a n g e m e n t I t r a n s f e r t h a t p a ir to t h e S e n a to r f r o m
M i n n e s o t a [ M r . Clapp ] so t h a t t h e S e n a t o r f r o m M i n n e s o t a will
s t a n d p a i r e d w i t h t h e S e n a t o r f r o m M i s s is s i p p i , a n d I v o t e
“ n a y .”
M r. S IM M O N S . I n p u r s u a n c e o f t h e t r a n s f e r s u g g e s te d b y
t h e S e n a t o r f r o m W y o m i n g [ M r . W arren ], I a m r e l e a s e d f r o m
m y p a i r , a n d I w i l l v o te . I v o t e “ n a y . ”
T h e r o ll c a ll w a s c o n c lu d e d .
M r . C L A Y . I a n n o u n c e t h a t m y c o l l e a g u e [ M r . B acon ] i s
a b s e n t fro m th e S e n a te b y o r d e r o f th e S e n a te , a tte n d in g th e
f u n e r a l o f t h e l a t e S e n a t o r f r o m F l o r i d a [ M r . B r ya n ]. I f m y
c o ll e a g u e w e r e p r e s e n t h e w o u l d v o t e “ n a y . ” H e i s p a i r e d
w i t h t h e s e n i o r S e n a t o r f r o m M o n t a n a [ M r . Carter].
M r. B R IG G S ( a f t e r h a v in g v o te d in th e n e g a tiv e ) . I h a v e a
g e n e r a l p a i r w i t h t h e S e n a t o r f r o m M a r y l a n d [ M r . R ayner ],
W h e n I v o te d I d id n o t n o tic e t h a t h e w a s n o t in th e C h a m b e r.
I d o n o t k n o w h o w t h a t S e n a to r w o u ld v o te i f h e w e r e p r e s e n t,
a n d t h e r e f o r e d e s i r e to w i t h d r a w m y v o te , a n d b e r e c o r d e d a s
b e in g p a i r e d w i t h t h e S e n a t o r f r o m M a r y l a n d .
T h e r e s u lt w a s a n n o u n c e d — y e a s 2, n a y s 58, a s f o llo w s :
Y E A S — 2.
Gore

Ileyburn

Aldrich
Allison
Ankeny
Bankhead
Beveridge
Bourne
Brandegee
Brown
Bulkeley
B urkett
Burnham
Burrow s
Clay
Crane
Culberson

Cullom
C urtis
Dick
D illingham
D ixon
D olliver
du P o n t
F lint
Foraker
Foster
Frazier
Frye
G allinger
Gamble
G ary

Bacon
B ailey
B orah
B riggs
Carter
Clapp
Clark, W y o .
Clarke, Ark.

D aniel
D avis
Depew
E lk in s
F u lto n
H ale
Hansbrough
K ittred ge

N A Y S — 58.

NOT

Guggenheim
H em enw ay
H opkins
Johnston
K ean
K n ox
L a Follette
Lodge
Long
M cCreary
M cCum ber
M cE nery
M cL aurln
M artin
Owen
V O T IN G — 29.
M oney
N elson
New lands
Nixon
Penrose
P la tt
Rayner
Scott

O verm an
P a yn ter
Perkins
Piles
Richardson
Sim m ons
Sm ith
Sm oot
Sutherland
Teller
W arn er
W arren
W etm o r*

Stephenson
Stone
T a liaferro
T a vlor
T illm an

S o M r . H eyburn ’ s amendment was rejected.
M r . J s 'E L S O N . I o f f e r t h e a m e n d m e n t w h i c h I s e n d t o t h e
d e s k t o c o m e in a s a n a d d i t i o n a l s e c ti o n .
. T h e V IC E -P R E S ID E N T . T h e a m e n d m e n t w ill b e s ta te d .
/
T h e S e c r e t a r y . I t i s p r o p o s e d t o a d d a s a n e w s e c ti o n t h e
i fo llo w in g :
y
S e c . 10. T h a t sections 51 9 2 and 5 1 9 5 o f the R evised Statu tes, a s - /
^heretofore amended, are hereby repealed.

M r. N E L S O N . M r. P r e s id e n t, I d e s ire b rie fly to e x p la in th e
n a tu r e o f t h a t a m e n d m e n t. T h o s e tw o s e c tio n s o f th e R e v is e d
S t a tu t e s r e la te t o th e m a t t e r o f g iv in g n a tio n a l b a n k s c r e d it
f o r t h e i r r e s e r v e s i n d e p o s i t s t h e y m a k e in o t h e r b a n k s ; in o t h e r
w o rd s , s o -c a lle d “ c o u n tr y b a n k s ” a r e r e q u ir e d to k e e p a r e s e r v e
o f 1 5 p e r c e n t o f t h e i r d e p o s i ts , a n d t h r e e - f i f t h s o f t h a t 1 5 p e r
c e n t th e y m a y d e p o s it a n d r e c e iv e c r e d it f o r a s th o u g h th e y h a d
it in t h e i r o w n v a u lts , in th e b a n k s o f c e n tr a l r e s e r v e c itie s ,
o r t h e b a n k s in t h e r e s e r v e c i t i e s . T h e l a t t e r a r e r e q u i r e d t o
k e e p a r e s e r v e o f 2 5 p e r c e n t o f t h e i r d e p o s i ts , o n e - h a l f o f
w h i c h t h e y m a y d e p o s i t i n c e n t r a l r e s e r v e c i t i e s . F o r in s t a n c e s
a c o u n tr y b a n k , lik e o n e in m y o w n h o m e to w n o f A le x a n d r ia , is
r e q u i r e d t o k e e p 1 5 p e r c e n t a s a r e s e r v e o f i t s d e p o s i ts . I t c a n
d e p o s it th r e e - f if th s o f t h a t a m o u n t, e ith e r in th e b a n k s o f th e
r e s e r v e c itie s o r in t h e b a n k s o f t h e c e n tr a l r e s e r v e c itie s , a n d
g e t c r e d i t f o r i t a s t h o u g h i t w a s in I t s o w n v a u l t s . N o w , t h e
b a n k s o f S t. P a u l a n d M in n e a p o lis , w h ic h a r e b a n k s in r e s e r v e

A Hi

1 i
1908.

CONGRESSIONAL RECORD— SENATE.

c a s e , i f t h a t b e t r u e , a n d i t c o u ld d o a g r e a t d e a l o f g o o d in
a s s u r i n g d e p o s i to r s .
M r. P r e s i d e n t , I h a v e d o n e t h e b e s t I c o u ld t o m a k e m y s e lf
i n t e l l i g i b l e u p o n t h i s p r o p o s i t io n . I h o p e I h a v e d o n e so . I t
h a s b e e n in a d e s u l t o r y , d is c o n n e c te d w a y , to b e s u r e , b u t in m a n y
in s ta n c e s t h a t h a s been b e ca u se o f th e fa c t t h a t I h a v e been
le d o ff f r o m t h e d i s c u s s i o n b y q u e s t io n s a n d p r o p o s i t i o n s t h a t
s e e m e d to o n e S e n a to r , a t l e a s t , t o b e v e r y m u c h w a n t i n g in in te lU g e n c e o r t o c o m e f r o m a S e n a t o r w h o is n o t i n t e l l i g e n t . I
d o h o p e t h a t t h e S e n a t o r f r o m R h o d e I s l a n d w ill d o h i m s e l f
t h e c r e d i t t o g e t u p h e r e a n d s a y t h a t n o p o s s ib le h a r m c o u ld
c o m e t o t h e s o u n d n e s s a n d t h e s o lv e n c y o f b a n k n o t e s b y t h i s
a m e n d m e n t ; a n d I w a n t h im , i n s t e a d o f d e n y in g i t, t o s a y t h a t
t h e t h i n g w h i c h g iv e s v a l i d i t y t o t h e n a t i o n a l - b a n k n o t e s a n d
g iv e s c u r r e n c y t o t h e m a n d c i r c u l a t i o n to t h e m is t h e f a c t t h a t
th e y a r e g u a r a n te e d b y th e G o v e rn m e n t o f th e U n ite d S ta te s
a n d n o t t h e f a c t t h a t t h e G o v e r n m e n t is in d e m n if ie d , b e c a u s e
t h e G o v e r n m e n t i s a b le t o p a y w h e t h e r i t i s in d e m n if ie d o r n o t,
a n d t h a t is t h e a b i l i t y u p o n w h i c h e v e r y b o d y r e l i e s w h e n h e
t a k e s a b a n k n o te , f o r n o b o d y e v e r lo o k s t o s e e b y w h a t b a n k a
b a n k n o te is is s u e d o r to a s c e r ta in w h a t is th e a m o u n t o f th e
b o n d s d e p o s i te d f o r i t s s e c u r i t y . T h e m o n e y i s g o o d .
W hen
t h e G o v e r n m e n t ’s c r e d i t w a s le s s t h a n a h u n d r e d c e n t s in t h e
d o l l a r t h e b a n k b i ll s w e r e w o r t h le s s t h a n ' a h u n d r e d c e n t s in
t h e d o l l a r ; a n d w h e n t h e G o v e r n m e n t ’s c r e d i t i s w o r t h a h u n ­
d r e d c e n t s in t h e d o l l a r t h e b a n k b i ll s a r e w o r t h a h u n d r e d
c e n t s i n t h e d o l la r , j u s t l i k e T r e a s u r y n o t e s o f t h e U n i t e d
S t a te s .
M r. A L D R I C H . M r. P r e s i d e n t , I c a n n o t a c c e d e t o t h e s u g ­
g e s t io n o f m y f r i e n d t h e S e n a t o r f r o m M is s is s ip p i, b u t I c a n
b e a r c h e e r f u l w i t n e s s t o b o t h t h e i n te l li g e n c e a n d t h e p a t r i o t ­
is m o f t h a t S e n a to r .
T h e V I C E - P R E S I D E N T . T h e q u e s t io n is o n a g r e e i n g t o
t h e a m e n d m e n t p r o p o s e d b y t h e S e n a t o r f r o m M i s s is s ip p i [M r.

M cL aurin ].
M r. M c L A U R I N . O n t h a t I a s k f o r t h e y e a s a n d n a y s .
T h e y e a s a n d n a y s w e re n o t o rd e re d .
M r . M c L A U R lN . I c a ll f o r a d iv is io n .
M r. A L D R I C I T . W e m a y a s w e ll h a v e t h e y e a s a n d n a y s .
T h e y e a s a n d n a y s w e re o rd e re d , a n d th e S e c re ta ry p ro c e e d e d
t o c a l l t h e r o ll.
M r. B R I G G S ( w h e n h i s n a m e w a s c a l l e d ) . I a m p a i r e d
w i t h t h e S e n a t o r f r o m M a r y l a n d [ M r . R ayneb ].

7

T h e r e s u l t w a s a n n o u n c e d — y e a s 5, n a y s 4 6 , a s f o l l o w s :
Y E A S — 5.
Gary

M cLaurin

M cCum ber

Aldrich
Ankeny
Bankhead
Beveridge
Bourne
Brandegee
Briggs
Brown.
Bulkeley
Burkett
Burnham

Burrows

Clay
Crane
Cullom
Curtis
Dick
Dillingham
Dixon
D olliver
du Pont
Elkins
F lint
Frye

A llison
Bacon
B ailey
Borah
Carter
Clapp
Clark, W yo.
Clarke, Ark.
Culberson
Daniel

D avis
Depew
Foraker
Foster
Frazier
Fulton
Hale
Hansbrough
Hemenway
Heyburn

N A Y S — 46.
G allinger
Gamble
. Gore
Guggenheim
Johnston
Kean
K nox
Lodge
Long
M artin
Nelson
Perkins

Piles
Richardson
Smith
Smoot
Stephenson
Sutherland
Teller
W arner
Warren
Wetm ore




‘f

NOT VO TIN G — 38.
Hopkins
Ivittredge
M cCreary
M cEnery
M oney
Newlands
Nixon
Owen
FaJ'flter
Penrose

P latt
Itayner
Scott
Simmons
Stone
Taliaferro
T aylor
T illm an

I

,I

S o M r. M c L a u r i n ’ s a m e n d m e n t w a s r e je c t e d .
M r. M c L A U R lN . I o f f e r t h e a m e n d m e n t I s e n d to t h e d e s k .
T h e V I C E - P R E S I D E N T . T h e S e n a t o r f r o m M is s is s i p p i p r o ­
p o s e s a n a m e n d m e n t , w h ic h w ill b e s t a t e d .
T h e Secretary. I t i s p r o p o s e d to i n s e r t a s a n e w s e c tio n
t h e f o l lo w in g :
S ec . — . No person being an officer of any national bank shall, at
the same time, be permitted to hold any office in any other national
bank.

T h e a m e n d m e n t w a s r e je c t e d .
M r. M c L A U R lN . I s u b m i t t h e
T h e V IC E -P R E S ID E N T . T h e
p o s e s a n a m e n d m e n t , w h ic h w ill
T h e Secretary. I t i s p r o p o s e d
f o l lo w in g :

I

i

S ec . — . Every provision in this bill for the loaning of the Govern­
ment's credit to banks shall, upon the same class and quality and quan­
tity o f security, apply to individuals, except that Treasury’ notes shall
be loaned to individuals instead of bank notes.

i

I

a m e n d m e n t I se n d to th e d e sk .
S e n a t o r f r o m M i s s is s ip p i p r o ­
b e s ta te d .
to i n s e r t a s a n e w s e c tio n t h e

V :

, /

T h e a m e n d m e n t w a s r e je c t e d .
M r- M c L A U R lN . I o f f e r t h e a m e n d m e n t I s e n d t o t h e d e s k .
T h e V I C E - P R E S I D E N T . T h e S e n a t o r f r o m M i s s is s ip p i p r o ­
p o s e s a n a m e n d m e n t, w h i c h w ill b e s t a te d .
T h e Secretary. I t is p r o p o s e d to i n s e r t a s a n e w s e c tio n
t h e f o l lo w in g ;

i r

For the first six months.

a'Y

A n d In lin e 7, p a g e 7, a f t e r t h e w o r d “ b o n d s ,” s t r i k e o u t t h e
p e r io d a n d i n s e r t in lie u t h e r e o f a c o m m a a n d t h e w o r d s :

m

And afterwards a monthly tax of three-quarters of 1 per cent upon
(he average amount of said notes.

M r. A L D R I C H . I h a v e n o o b je c tio n t o t h e a m e n d m e n ts . I
a m w i l li n g to a c c e p t th e m .
T lie V I C E - P R E S I D E N T . T h e q u e s tio n is o n a g r e e in g t o th o
le a m e n d m e n t s p ro p o s e d b y t h e S e n a t o r f r o m D e l a w a r e .
T h e a m e n d m e n t s w e r e a g r e e d to .
f i l e \ I C E - P R E S I D E N T . T h e S e n a to r f r o m M is s is s ip p i p r o - r *
I 'Reg a n a m e n d m e n t, w h ic h w ill b e s t a te d .
M r. O W E N . M r. P r e s i d e n t, I h a d p r e p a r e d a n u m b e r o f
a m e n d m e n t s w h ic h I h a d i n te n d e d t o o f f e r to t h i s b ill a n ti e i
f o l lo w in g - RETART‘ 14 iS p r o p o s e d t0 a d d flS a n e w s e c tio n t h e £
l i s t i n g t h a t i t w o u ld b e p e r h a p s t h e l a s t o p p o r t u n i t y f o r so m a
tim e to c o m e w i t h i n w h ic h s o m e o f t h e obvious d e f e c ts o f
o ffir
« haust,on of the securities accepted bv the ^
n a t i o n a l - b a n k l a w m ig h t b e r e m e d ie d .
B u t up o n th e u n d e r
orn, ,L ,
of the Government for the indemnifying of the Gov-

suml!fnt. f ° r tlie Issuance of bank notes to anv bankin’e a sw lir in n if
S
el
n
8 notrealizc-H therefrom to lndemnlfv the ( f o m e n t the
,
lturs of ? ^ l haI , b,e subordinated to the lawful claims of all other icreX
rs of th° bank
the distribution of the other assets of the b a S

i ./ l

Overman

L a F o lle tte

M r. D I L L I N G H A M ( w h e n h i s n a m e w a s c a l l e d ) . I h a v e a
g e n e r a l p a i r w i t h t h e S e n a t o r f r o m S o u t h C a r o li n a [M r. T ill­
m a n ], w h o I a m s o r r y t o s a y i s n e c e s s a r i l y d e t a i n e d o n a c c o u n t
o f s ic k n e s s .
B u t I t r a n s f e r t h e p a i r to t h e S e n a t o r f r o m
N e v a d a [M r. N ixon ]. I m a k e t h i s a n n o u n c e m e n t n o t o n ly f o r
S ec . — . T h at upon presentation to the Secretary o f the Treasury,
or A ssistan t Secretary o f the Treasury, by any other person than a
t h i s v o te , b u t f o r a l l v o t e s o n t h e p e n d in g b ill. I v o te “ n a y . ”
bank, of any of the class o f bonds specified in this bill upon which
M r. S IM M O N S ( w h e n h i s n a m e w a s c a l l e d ) . I h a v e a money can be issued to the banks, or upon which bank notes are per­
general p a i r with t h e S e n a t o r f r o m M in n e s o ta [M r. Clapp].
mitted to be issued by the banks, it shall be the duty of the Secre­
M r. W A R R E N ( w h e n h i s n a m e w a s c a l l e d ) . I a g a i n a n ­ tary of the Treasury to issue to the holder of such bond, or bonds
Treasury notes to the same amount that bank notes are permitted to
n o u n c e my p a i r w i t h t h e S e n a t o r f r o m .M is s is s ip p i [ M r. Money ] be issued thereon to banks, up to the amount of issuance limited by
J
a n d i t s t r a n s f e r to t h e S e n a t o r f r o m M in n e s o ta [ M r. Clapp] ; so this bill.
t h a t f o r t h e d a y — a n d I w ill n o t a n n o u n c e i t a g a i n — t h e p a i r ,
T h e a m e n d m e n t w a s r e je c t e d .
w i l l s t a n d b e tw e e n t h e S e n a t o r f r o m M is s is s ip p i [ M r. M o n e y ]
M r. K E A N . I w is h s im p ly t o s u g g e s t a c o r r e c ti o n . O n p a g e
a n d t h e S e n a t o r f r o m M i n n e s o t a [ M r . Clapp ]. I v o t e “ n a y . ” 9 o f t h e b ill, lin e 17, I m o v e t o s t r i k e o u t t h e w o r d “ t h e ” a n d
T h e r o ll c a l l w a s c o n c lu d e d .
i n s e r t “ e a c h .”
M r. G A M B L E . I h a v e a g e n e r a l p a i r w i t h t h e s e n i o r S e n a to r
T h e \ I C E - P R E S I D E N T . T h e S e n a to r f r o m N e w J e r s e y p r o ­
f r o m N e v a d a [ M r . Newlands ].
A n a r r a n g e m e n t h a s b e e n p o s e s a n a m e n d m e n t, w h ic h w ill b e s t a t e d .
m a d e b y w h ic h t h e p a i r i s t r a n s f e r r e d t o t h e s e n i o r S e n a t o r
T h e Secretary. O n p a g e 9, l i n e 17, b e f o r e t h e w o r d
f r o m M a in e [ M r . H ale], a n d I w i l l v o te . I v o te “ n a y .”
“ n a t i o n a l , ” s t r i k e o u t “ t h e ” a n d i n s e r t “ e a c h .”
M r. C L A Y . M y c o lle a g u e [ M r. B acon] is p a i r e d o n t h i s b ill
T h e a m e n d m e n t w a s a g r e e d to .
a n d a ll a m e n d m e n ts w ith th e s e n io r S e n a to r fro m M o n ta n a
M r. d u P O N T . I p r o p o s e t h e a m e n d m e n t s I s e n d to t h e d e s k .
[ M r . C arter].
T h e V IC E -P R E S ID E N T . T h e S e n a to r fro m D e la w a re p ro ­
M r. F R A Z I E R ( a f t e r h a v i n g v o te d in t h e a f f i r m a t i v e ) . I d e - p o s e s a m e n d m e n ts , w h ic h w i l l b e s t a t e d b y t h e S e c r e t a r y .
m r e t o i n q u i r e i f t h e j u n i o r S e n a t o r f r o m S o u t h D a k o t a [M r.
T h e Secretary. I n l in e 4, p a g e 7, a f t e r t h e w o r d s “ s h a l l
p a y ," i n s e r t :
W e c a n , n o t, in t h i s b ill, d i s u s e o f a l l t h e c o m f i L q. U! ! ! 0DS a f f e c tn q ^ th iA d ^ n J y in g i n t e r q p t j p d f J h i s o o u n tr v .
,
.
re ro rm s t o th e h J f a k ^
” n ,1 ^ ^ ! ^ ^ s t e m
7
t h a t w ill b e s a t i s f a c t o r y
°
S ei] a te - ~ T a f f i A ( p i W w l l l i n g t h a t t h e v o te u p o n t h i s
a m e n d m e n t s h a l l b e p o s tp o n e d u n t i l to - m o r r o w , a n d I w ill
'
m*
c r i t i c i s m w h ic h I h a v e t o m a k e u n t il t h a t tim e .
H i'. M c L A U R lN . M r. P r e s i d e n t, I h a v e a n a m e n d m e n t w h ic h
1 a e s i r e t o o ffe r.

1

3873

r-

A

*

CONGRESSIONAL RECORD— SENATE.

M

abc h

25,

. tl
, .
+lw, n n m m ittP P r be added to such fund. Said fund may be invested in the 2 per cent
s t a n d in g a n d t lie a s s u r a n c e o f t h e c h a ir m a n Ol t n e u o n u i m i e i . j bon(j s 0 f the United States to tile extent deemed advisable by the Sectary o f the Treasury.
nn F i n a n c e t h a t t h i s m a t t e r w i l l b e t h e s u b je c t o f in v e s t i g a t i o n f l rotary or the Treasury.
,
.

Oil 1 lliclIlLL lllc ll lllia ill
_
...
_ n.*___ Utt Jl
<
*
i n s o m e f o r m , e i t h e r t h r o u g h t h e C o m m i t te e o n F i n a n c e o r b y a
c o m m is s io n , I w i l l w a i v e a n u m b e r o f t h o s e p r o p o s e d a m e n d UY w a n t t o u n d e r s t a n d f r o m t h e c h a i r m a n o f t h e C o m m itte e
on F in a n c e if it is h is u n d e r s ta n d in g t h a t th is s h a ll b e d o n e -t h a t a c a r e f u l , t h o r o u g h g o i n g i n v e s t i g a t i o n i n t o t h e c a u s e s ol
t h e p a n i c s h a l l b e m a d e a n d p r o p e r r e c o m m e n d a t i o n s m a d e tc
t h e S e n a te h e r e a f te r w h e n t h a t in v e s tig a tio n s h a ll h a v e b e er

c o n c lu d e d ?
,
^
T + M «ir
M r . A L D R I C H . M r . P r e s i d e n t , i t i s o b v i o u s t o m e , a s I th in K
i t m u s t b e to a ll th e m e m b e rs o f th e S e n a te , t h a t ^
re c e * \
e v e n t s a n d t h e d i s c u s s i o n o f t h i s q u e s t i o n in t h i s C h a m b e r
h a v e s h o w n th e a b s o lu te n e c e s s ity o f t a k in g u p t h is q u e s tio n m
a l e g i s l a t i v e w a y , a n d t h a t t h e p r e p a r a t i o n o f i t s h o u l d De
e n te r e d u p o n in th e im m e d ia te f u t u r e
I w i l l s a y t o t h e S e n a t o r f r o m O k l a h o m a t h a t i f i s m y P J ir
p o s e e i t h e r t o a s k t h a t t h e C o m m i t te e o n F i n a n c e b e i n t r u s t e d
w ith th is d u ty o r t h a t C o n g re ss in so m e o th e r w a y s h a l a n
th o r iz e a n im m e d ia te in v e s tig a tio n o f th e w h o le s u b je c t, w ith ^
p u r p o s e o f p r e s e n t i n g to^ C o n g r e s s r e c o m m e n d a t i o n s t o r a c u m
I

p le te re fo rm o f th e b a n k in g la w s.
.
,,
t jfcord a
/ M r . O W E N . M r . P r e s i d e n t , I w i s h t o p l a c e i n t h e R ecok a
■ p ro p o sed a m e n d m e n t w h i c h I h a d i n t e n d e d to o e r
p r e s s o n t h e a t t e n t i o n o f t h e S e n a te . I m e r e l y ask t h a t i t m a y
: g o in t h e R e c o r d f o r t h e i n f o r m a t i o n o f m e m b e r s o f t h e b e n a t i j
w h o m a y b e in te re s te d in it.
T h e r e b e in g n o o b j e c t io n , t h e a m e n d m e n t w a s o r d e

j.a

?

p r i n t e d in the R ecord, as follows:
Strike out all after the enacting clause o f the hill and mser

„
, .. „ rr^nonrv is hereby directed to prepare
That the Secretary o f the Treasury f n
/ Unlted states notes,

following:

sam e form as
a special fund
be printed of
than $ 1 0 ,0 0 0
o f the U nited
the Secretary

m e uli ^
,ll
,JflavthA '^circulatloii fu n d .’
Such notes shall
to be known ^ tne « r c la o ^ ^
than ? 3 nor mor0
convenient
°
.
advanced by the Treasurer
each.
Such
and to tbe am ount determined by
States, ' “ ^ f “ a ? ° ean v national banking association or
o f the Treasury to any n a jm n ^ ^
, aw* o f any o f the

to any bank or tru st comp
Lu therefor and upon the deposit of
S ta tes o f th®
~ i!f n
hpre?nafter described w hich are acceptable to
of

^ a H Sb r m a d e PS Vcontracthea

the i!ssetsUo V t h e ^ b a n k \ > r ^ t ^ s t ^ c o ^ p ^ y ^ r e c e iv in g

^

£

T re^u rer^f
th e^ U id ted ^ ta tes notes^hSeJn
the Treasury, shall accept, as security i
t,bearin„ obligations o f the
provided for, the tonda or other the U nited S tates or any legally
United S tates, or o f any S ta te
^
lega!ly
authorized bonds issued by W
c 7*
,
TTnited States which has
constituted m unicipality or district ‘ n r \ e
a
t a s ne v e r , within

!£$£&&

SSf£ #o f£any $
» part.
paym ent

of J
PQd wh
not funded indebtedness
X
L
" :toaU4 ico n tra ct;d by i U j d w h o « ?
J
as
does not exceed 10 per cent o f valuation o f its t^ Y o rth e assessm ent
show n by the last preceding valuation o f F ^ l t y ’ f L terest shall be
o f taxes.
N o bond bearing in excess o f 5 per cent
» o£ th0
accepted as security for
advanc_ .
w ith reference to the.
Secretary o f the Treasury to ohtai
nhirm
thorized t0 ^ accepted,
value and character o f the securities w a j m ^ national banking a SSo;
or to be held as a part o f tne leg
f nrni«h inform ation to national
ciations, and he shall f r o m t i m e t o t i m e fa slI\ ^ j1
u
^
e a c cep tab le as sebanking associations as to such he»
*The securities deposited under
cu rity under the provisions ot thisi act.
iu e s e u iy u
t

period of one year.

In

the event o f tne j ^

c

^

^

the

value o f such b o n d s : s^
a[ L o f sale o f such securities on the
m argin o f 10 per cent, under penauy
b f und sban be repaid
open market.
The advances madei f om s
n
shail be sold,
w ithin tw elve, m onths, and in default xnereo
f
h advances
and after the repaym ent o f the principal ana m i . e .
ep Qf such
and the cost o f sale the ba an ^
d ° to lim it the issue o f such notes
bonds. T h is act shall not be construed to iim
tne issw v
exists
If in the opinion o f the Secretary o f the Treasury an em er^.n
for a larger issue than the am ount required to
P P
^
‘ liquiThe interest accruing on the loan of such notes sha.l go
dation fund ’ hereinafter provided.
.
nroflts
« SEC. 2. T h a t from and after the passage of this a ct the p ro m s
•
accruing from the tax on the circulation of
ciations, together w ith the interest accruing from the l o m t f the urnw a
S tates notes herein above provided, shall go into a
j nFrom such liquidation fund, whenever a na^ o na '
.
f
such bank
solvent by the Com ptroller o f the Currency, the depositors o f such Dana
shall be paid in full im m ediately, and such insolvent bank be enargea
w ith the amount so advanced as a first lien again st Its assets,
tn e n
liquidated assets o f such bank shall be deposited to the
thp
liquidation fund to the extent required to reimburse such lim a
money advanced therefrom .
I f necessary to meet the demands maua
on the liquidation fund, the Com ptroller o f the Currency m ay Impose
a tax upon the national banking associations not to exceed one-tenm
o f 1 per cent upon their average deposits In any one year as shown by
their regular reports to the Com ptroller o f the Currency, which shaq




-F
1“ No ripnncif ur'hirtVi rrrifKtr* cI-w tt /lo re prior tn incnlv^nPV hilQ hpPTl 11T
deposit which within sixty days
to insolvency has been un­
der contract to bear interest shall be included in the insurance provided
by this act, and such deposit shall not be paid out of the liquidation
fund herein provided for. The insurance of deposits herein provided
shall not be operative until March 1, 1910, except in States in which a
plan of insurance of deposits in State banks shall have been provided.
“ S ec . 3. That no national banking association shall hereafter make
loans or extend credit of any kind for the buying of stocks, bonds, or
agricultural or food products, for speculative purposes, which in the
aggregate exceed its unimpaired capital stock.
“ No active officer of any national banking association shall borrow
from such banking association or make any loans of its funds directly or
indirectly to himself without the written consent in each instance of
three-fourths of the directors thereof, under penalty of immediate dis­
missal from office by the board of directors on the demand of the Comp­
troller of the Currency.
“ Every national banking association not in reserve or central reserve
cities shall hereafter hold, as part of its legal reserve, at all times In Its
own vaults a sum of lawful money equal to at least D per cent of its
deposits, and the remainder of the legal reserve now required by law
shall be held by such banks in the classes of bonds described in section
1 of this act. Every national banking association in reserve or in cen­
tral reserve cities shall hereafter hold, as part of its legal reserve, a
sum not less than 15 per cent of its deposit liabilities in lawful money,,
and the remainder of the reserve of 25 per cent required by law may be
carried in bonds of the classes described in section 1 of this act
“ Only the net favorable balance of a reciprocal account kept by any
national banking association with a reserve agent shall be counted as
part of the legal reserve.
Bonds held as a part of the reserve must be of the classes expressly
approved by the Comptroller of the Currency.”
^
M r . N E L S O N . M r . P r e s i d e n t , I o f f e r t h e f o l lo w in g a m e n d ­
m e n t a s a n a d d i t i o n a l s e c tio n t o t h e b ill.
T h e V IC E -P R E S ID E N T . T h e a m e n d m e n t w ill b e re a d .
T h e Secretary. I t i s p r o p o s e d t o i n s e r t a s a n e w s e c ti o n t h e
f o llo w in g :
Sec . — . That national banking associations may, under the direction

and supervision of the Comptroller of the Currency, be authorized to
loan not to exceed one-third of their capital and surplus upon personal
note or bond, secured by a first mortgage, of the maker or obligee, upon
improved, occupied, and cultivated farms, not exceeding in any case
one-half of the cash value of the farm. The Comptroller of the Cur­
rency shall prescribe the necessary rules and regulations for making
such loans.
M r . N E L S O N . M r. P r e s i d e n t , I h a v e n o d e s i r e t o t a k e u p
t h e t i m e o f t h e S e n a t e w i t h a n y l e n g t h y d e b a t e . I s i m p ly w i s h
to s h ite to th e S e n a te t h a t f o r m a n y y e a r s th e r e h a s b e e n a
g r e a t d e m a n d a m o n g t h e n a t i o n a l b a n k s in t h e W e s t a n d N o r t h ­
w e s t, e s p e c ia lly th e s m a lle r b a n k s , fo r th e p riv ile g e o f lo a n in g
a lim ite d a m o u n t o n r e a l e s ta te s e c u rity o n im p ro v e d f a rm s .
I t is r e g a r d e d o u t in t h a t c o u n tr y a s th e v e ry b e s t s e c u rity .
T h e y n o t o n ly h a v e t h e p e r s o n a l o b l i g a t i o n s o f t h e m a k e r o f
th e n o te o r b o n d , b u t in a d d itio n to t h a t th e y h a v e th e r e a l
e s ta te s e c u rity , a n d w e h a v e fo u n d o u t th e r e t h a t th e v e ry b e s t
s e c u r i t y i s c o n f in e d t o i m p r o v e d a n d c u l t i v a t e d f a r m s .
B y l o o k in g o v e r t h e r e p o r t o f t h e C o m p t r o l l e r o f t h e C u r r e n c y
y o u w i l l fin d t h a t o u r b ig b a n k s , o u r n a t i o n a l b a n k s , h a v e a
l a r g e p a r t o f t h e i r c a p i t a ] a n d s u r p l u s t i e d u p i n lo n g - tim e , p e r ­
m a n e n t s e c u r i t i e s , l ik e r a i l r o a d b o n d s a n d l o n g - tim e b o n d s . I n
th e c a s e o f a p a n ic s u c h a s w e h a d , w h e n m o n e y c a n n o t be
o b ta in e d , y o u c a n n o t re a liz e m o n e y o n t h a t k in d o f s e c u ritie s
q u ic k e r th a n o n firs t-c la s s b o n d s. O u r b a n k s in v e s t t h e ir m o n ey
d n t h e s e lo n g - ti m e s e c u r i t i e s .
T h e y d o n o t i n v e s t , a s a r u l e , i n m u n ic i p a l b o n d s , s c h o o l
b o n d s , o r in S t a t e b o n d s . T h o s e b o n d s , o w i n g t o t h e lo w r a t e
o f i n t e r e s t , g e n e r a l l y fin d t h e i r w a y t o t h e E a s t , t o W a l l s t r e e t .
O u r b a n k s c o n f in e t h e m s e l v e s t o c o m m e r c i a l l o a n s a n d t o t h e
b e tte r c la s s o f r e a l e s ta te lo a n s . N ow , o u r n a tio n a l b a n k s a r e
u n d e r a g r e a t d isa d v a n ta g e . U n d e r o u r S ta te la w s o u t W e st
th e S ta te b a n k s lo a n o n r e a l e s ta te s e c u rity u n d e r p r o p e r g u a r d
a n d l i m i t a t i o n . O u r n a t i o n a l b a n k s a r e c u t o ff f r o m t h i s privi­
le g e , a l t h o u g h i n m a n y i n s t a n c e s t h e y e v a d e t h e l a w . T h e y
e v a d e i t b y s o m e o f t h e o ffic e rs o r d i r e c t o r s o f t h e b a n k g o in g
to th e b a n k a n d b o rro w in g m o n e y on t h e i r o w n n o te s , p u ttin g
u p t h e m o r t g a g e o n a f a r m a s c o l l a t e r a l s e c u r i t y , so t h a t p r a c ­
tic a lly in t h a t w a y th e y ta k e th e s e f a r m lo a n s . B u t m a n y go o d
b a n k e r s h a v e s a i d t o m e , “ W e h a t e t o e v a d e t h e la w in t h i s w a y .
W e d is lik e to d o it. W e p re fe r, i f w e c a n , to h a v e th e p r iv i­
le g e t o l o a n o n r e a l e s t a t e . ”
L a s t f a l l , in t h e m i d s t o f t h e p a n ic , j u s t b e f o r e I l e f t m y o w n
home, I s t e p p e d i n t o o u r F i r s t N a t i o n a l B a n k , t h e l e a d i n g bank.
T h e re w a s a la rg e p a c k a g e d o n e u p on th e ta b le o f th e p re s i­
d e n t H e p o in te d i t o u t to m e a n d s a i d :

Mr. Nelsom, there is a bundle of $100,000 In farm mortgages on the
best farms in this country, I have got to send them East to money
lenders there. I can not take them. All I can do is to take fire
ten thousand dollar loans from the jobbers, the flour men, and the mm
men here and down below In the Twin City and at other points. i
may get a loan of five or ten thousand dollars for thirty, or am?*
ninety days or six months, from one of these big firms, and yet l
no means of knowing how many of those five or ten thousand
notes the firm has outstanding. The firm I know i& rated “ ‘S1*
1
In this emergency under these c o n d itio n s I have no means or
taining how many notes are outstanding against the company.

r*

l

1908.

CONGRESSIONAL RECORD— SENATE.

3875

I r e m e m b e r o u r e x p e r i e n c e v e r y w e ll i n t h e p a n ic o f 1 8 9 3 -9 4 , m o n e y i n t h e s e c a l l a n d s p e c u l a t i v e l o a n s ; a n d w h e n y o u g e t a
a n d th e ru n g t h a t w e re th e n m a d e o n m a n y o f o u r s m a lle r c o u n ­ m o n e y p a n ic s u c h a s y o u h a d la s t fa ll, w h e n y o u c a n n o t g e t
t r y b a n k s . A g r e a t m a n y b a n k e r s c a m e t o m e , f o r I w a s g o v e r n o r m o n e y a t a n y p r i c e a lm o s t , y o u c a n n o t s e ll a n y k i n d o f s e c u r i ­
a t t h a t t im e . T h e y c a m e t o m e a t t h e c a p i t a l a n d r e l a t e d t h e i r t ie s . O u t w h e r e I l i v e — a n d I a m s o r r y t h e S e n a t o r f r o m R h o d e
e x p e r i e n c e . D e p o s i t o r s w o u ld g e t s c a r e d a n d w o u l d c o m e t o a I s l a n d h a s n e v e r b e e n o u t in o u r c o u n t r y ; I w i s h lie c o u ld h a v e
b a n k a n d w a n t t h e i r m o n e y . T h e b a n k e r w o u ld h o n e s t l y t e l l b e e n t h e r e d u r i n g t h e p a n i c — o u t in o u r c o u n t r y t h e v e r y b e s t
t h e m , “ M y d e a r s i r , w h e n I r e c e iv e d y o u r m o n e y I a g r e e d to s e c u r i t i e s w e h a v e , a n d s e c u r i t i e s t h a t w i l l a l w a y s b r i n g m o n e y
p a y y o u 3 p e r c e n t i n t e r e s t o n y o u r d e p o s its . I c o u ld n o t l e t q u i c k e r t h a n a n y r a i l r o a d b o n d s , o r s c h o o l, o r m u n i c i p a l b o n d s ,
y o u r m o n e y l ie id le . I h a d t o l o a n i t o u t . I h a v e l o a n e d t h e a r e f i r s t - c l a s s f a r m m o r tg a g e s .
m o n e y o u t o n a m o r t g a g e t o o n e o f y o u r n e ig h b o r s . I h a v e n o t
T h e S e n a t o r s a y s t h a t t h o s e a r e n o t q u ic k a s s e t s . T h e y a r e
g o t t h e m o n e y t o r e t u r n t o y o u , b u t I c a n g iv e y o u t h e m o r t ­ a s q u i c k a s a n y t h i n g c a n b e . W e f o u n d in t h e r e c e n t p a n ic t h a t
g a g e ; ” a n d in m a n y i n s t a n c e s t h e d e p o s i t o r s w e r e p e r f e c t l y t h e q u i c k a s s e t s t h a t t h e s t o c k e x c h a n g e s d a b b le in w e r e n o t a s
g l a d a n d w i l l i n g t o t a k e t h o s e m o r tg a g e s , f o r t h e y w e r e m o r t ­ q u i c k a s t h e y m i g h t b e , f o r i t to o k a b o u t $ 2 0 ,0 0 0 ,0 0 0 o f G o v e r n ­
g a g e s i n t h e i r o w n c o u n t y a n d u p o n t h e l a u d o f t h e i r o w n n e ig h ­ m e n t d e p o s i ts t o s t o p i t .
b o rs.
M r. M c C U M B E R . M r. P r e s id e n t, I th in k i t w o u ld c o n d u c e
T h i s a m e n d m e n t i s v e r y l im i te d . I t d o e s n o t a ll o w m o r e t h a n
to m o r e a g r e e a b l e a n d b e t t e r l e g i s l a t i o n i f s o m e o f t h e S e n a t o r s
o n e - t h i r d o f t h e c a p i t a l a n d s u r p l u s t o b e l o a n e d o u t, a n d i t is in t h i s C h a m b e r w o u ld s o m e ti m e s g e t o n t h e w e s t s i d e o f t h e
l i m i t e d to l o a n s o n im p r o v e d , o c c u p ie d , a n d c u l t i v a t e d f a r m s . A lle g h e n y M o u n t a i n s a n d u n d e r s t a n d s o m e o f t h e c o n d it i o n s o f
I t i n c l u d e s n o w i l d l a n d , n o l a n d h e ld b y m e r e s p e c u l a t o r s to
t h e M id d le W e s t a n d t h e N o r t h w e s t e r n s e c tio n o f t h e c o u n tr y .
b e m o r tg a g e d , n o v i l l a g e p r o p e r t y o r t o w n p r o p e r t y , p r o p e r t y
T h e S e n a to r fro m R h o d e I s la n d h a s a lw a y s b een in f a v o r o f
w h i c h o r d i n a r i l y i n o r d e r to m a k e g o o d s e c u r i t y r e q u i r e s a s t i f f h o l d in g lo n g - tim e s e c u r i t i e s b e a r i n g a n a n n u a l i n t e r e s t .
He
i n s u r a n c e p o lic y w i t h It. T h e r e i s n o t h i n g o f t h a t k i n d in t h e c o n s i d e r s t h e m a b s o l u t e l y g o o d in a n y o f t h e b a n k s . I n f a c t ,
a m e n d m e n t.
I t i s o n ly a c l a s s o f l o a n s t h a t w i l l b e o f a d ­ h e d e s i r e s t o m a k e t h e m t h e b a s i s o f c u r r e n c y . I h a v e n e v e r
v a n t a g e a n d t h a t c a n b e u t i l i z e d b y o u r . s m a l l e r b a n k s in t h e m y s e lf b e e n a b l e to s e e w h y a g o o d m o r tg a g e o il im p r o v e d f a r m
c o u n try .
l a n d s w a s n o t t h e v e r y b e s t s e c u r i t y t h a t c o u ld b e p o s s ib ly
I h a v e b e e n t r y i n g to d o t h i s f o r y e a r s . I i n tr o d u c e d a b ill o f f e r e d . A n y m a n i n t h e S t a t e o f M i n n e s o ta o r in t h e S t a t e
r e l a t i n g t o t h i s s u b j e c t o n t h r e e s e v e r a l o c c a s io n s , b u t a s u s u a l o f N o r t h D a k o t a o r S o u t h D a k o t a k n o w s t h a t h e c a n s e ll o n e
I h a v e f o u n d m y g o o d f r i e n d t h e c h a i r m a n o f t h e F i n a n c e o f t h o s e m o r t g a g e s a n d t u r n i t i n to c a s h f o r i t s f a c e v a lu e
C o m m itte e in c o r r i g i b le , a s h e i s o n a g o o d m a n y f i n a n c ia l q u i c k e r t h a n a n y o t h e r p o s s ib l e c h a r a c t e r o f s e c u r i t y t h a t h e
s u b j e c t s . I t i s u n f o r t u n a t e , a n d I d o n o t s a y i t in a n y d i s ­ c o u ld g e t h o l d o f. W h e n e v e r t h e b a n k i s c lo s e d , i f m o n e y i s in
c r e d i t a b l e s e n s e ; I d o n o t s a y i t f o r t h e p u r p o s e o f r e f l e c t i n g c i r c u l a t i o n a t a l l , t h e r e is n e v e r a t im e t h a t i t c a n n o t g e t
o n a n y b o d y ; t h e r e is n o t h i n g f u r t h e r f r o m m e t h a n t h a t ; b u t r i d o f i t s f a r m m o r tg a g e s . T h e r e a r e m a n y t i m e s r e a s o n a b l y
i f w e h a d in t h e S e n a t e a r u l e , w h i c h p r e v a i l s a m o n g t h e c o u r t s c lo s e w h e n i t i s im p o s s ib le to s e ll f a r m e r s ’ n o t e s t h a t a r e u n s e ­
o f t h e c o u n tr y , t h a t n o o n e s h o u l d p a s s o n t h e q u e s t io n w h o c u r e d , w h e n i t i s e v e n im p o s s ib le t o s e ll t h e g r a i n - e l e v a t o r n o t e s
h a s a n i n t e r e s t in a n a t i o n a l b a n k o r w h o o w n s a n y s to c k in t h a t a r e h e ld i n o u r b a n k s t o f u r n i s h t h e m o n e y f o r m o v in g
a n a t i o n a l b a n k o r i s a n o ffic ia l, w e c o u ld g e t p r e t t y g o o d l e g i s l a ­ o u r g r a i n , a n d y e t I k n o w f r o m m y o w n p e r s o n a l k n o w le d g e t h a t
tio n . W e a r e h a n d i c a p p e d i n t h i s w a y . I s a y t h i s in a d u r i n g o u r l a s t s t r i n g e n c y f a r m m o r tg a g e s w e r e b e in g t a k e n
f r i e n d l y a n d C h r i s t i a n s p i r i t a n d n o t f o r t h e p u r p o s e o f r e ­ o u t i n m y S t a t e f o r t h e n e w l a n d s t h a t a r e b e in g i m p r o v e d
f le c tin g u p o n a n y o n e in t h i s b o d y .
w h e n y o u c o u ld n o t g e t m o n e y f o r a n y o t h e r p u r p o s e .
I t r u s t t h e S e n a t o r f r o m R h o d e I s l a n d w i l l m e e t t h i s q u e s t io n
I f t h e o b j e c t i s to c o m p e l t h e b a n k s t o g e t h o ld o f s u c h s e ­
In a l i b e r a l a n d s t a t e s m a n l i k e m a n n e r , e s p e c i a l l y l o o k in g to c u r i t y a s t h e y c a n r e a l i z e u p o n , e v e r y S e n a t o r in t h e M id d le
t h e g r e a t W e s t t h a t s to o d a s a b u t t r e s s in t h e l a t e p a n ic , t h e
W e s t a n d th e N o rth w e s t k n o w s t h a t th e y c a n re a liz e q u ic k e r
g r e a t W e s t t h a t f u r n i s h e d t h e w h e a t a n d t h e c o tt o n t h a t b r o u g h t u p o n g o o d f a r m m o r t g a g e s t h a n t h e y c a n u p o n a n y o t h e r k i n d
t h e h u n d r e d m il l io n d o l l a r s o f g o ld . I h o p e t h a t h i s h e a r t o f s e c u r i t y k n o w n in t h e W e s t a n d h e ld in t h e W e s t. T h a t
w ill g o o u t to t h a t W e s t a n d t h a t h e w i l l s t a n d f o r t h i s l i t t l e b e in g t h e c a s e , l a m u n a b le to u n d e r s t a n d t h i s g e n e r a l o b j e c t io n
a m e n d m e n t.
to a f a r m m o r tg a g e . T o b e s u r e , i f y o u h a v e to e n f o r c e i t o r d i ­
M r. A L D R I C H . M r. P r e s i d e n t , t h i s p r o p o s i t io n h a s b e e n n a r i l y —
b e f o r e t h e c o m m itte e , a n d o n s e v e r a l o c c a s io n s i t h a s b e e n c o n ­
M r. O V E R M A N . M r. P r e s i d e n t ------s i d e r e d a n d v o te d o n .
M r. M c C U M B E R . L e t m e c o m p le te t h e s e n te n c e , a n d t h e n I w ill
M r. N E L S O N . N o , n o .
y ie ld . I f y o u h a v e t o e n f o r c e i t b y f o r e c lo s in g u p o n y o u r m o r t ­
M r. A L D I t I C I I . O h , y e s .
g a g e , i t w o u ld t a k e a y e a r o r m o r e to d o it, b e c a u s e t h e r e w o u ld
M r. N E L S O N . N o ; t h e c o m m i tt e e n e v e r r e p o r t e d i t.
b e a y e a r f o r r e d e m p ti o n , a n d I u n d e r s t a n d t h a t t h a t is t h e p r i n ­
M r. A L D R I C H . B u t t h e S e n a t o r h a s o ffe re d i t a s a n a m e n d ­ c ip a l o b je c tio n . B u t i t is e q u a l l y t r u e i f y o u h a v e to e n f o r c e
o r d i n a r y b i ll s p a y a b l e a g a i n s t a d e b t o r y o u h a v e t o g o i n t o t h e
m e n t.
M r. N E L S O N . I o f f e r e d i t o n c e a s a n a m e n d m e n t t o y o u r c o u r ts , a n d w h e n y o u p u t i t in j u d g m e n t o r d i n a r i l y i t m a y t a k e
f i n a n c ia l b ill.
s ix m o n th s o r a y e a r . I t w ill t a k e a s lo n g to r e a l iz e , i f y o u h a v e
M r. A L D R I C H . I t w a s v o te d d o w n .
to r e a l iz e o u t o f r e a l e s t a t e , a s i t w o u ld to f o r e c lo s e y o u r m o r t ­
M r. N E L S O N . Y e s ; b u t t h a t i s n o t s a y i n g t h a t i t w ill b e g a g e , a n d o r d i n a r i l y i t w o u ld r e q u i r e t w i c e a s lo n g .
V o te d d o w n n o w .
T h e r e a l v a l u e in t h e s e c u r i t y i s t h e a b i l i t y n o t so m u c h to
M r. A L D R I C H . I u n d e r s t a n d .
e n f o r c e i t s c o lle c tio n a s i t i s t o h a v e s o m e th i n g t h a t y o u c a n
M r. N E L S O N . W e liv e to l e a r n .
i m m e d ia t e l y d is p o s e o f a n d t u r n i n t o c a s h . W h e n y o u c o m e to
t h a t p r o p o s i t io n t h e r e i s n o t h in g h e ld in a n y o f t h e h a n k s o f t h e
M r. A L D I t I C I I . I u n d e r s t a n d t h a t p e r f e c tl y .
I t i s u n d o u b t e d l y t r u e t h a t f a r m m o r tg a g e s a r e g o o d s e ­ N o r t h w e s t t h a t is a s e a s i l y c o n v e r t ib l e i n to c a s h a s g o o d f a r m
c u r i t i e s f o r c e r t a i n p e o p le to h o ld , b u t t h e y a r e t h e v e r y w o r s t lo a n s , w h ic h a r e g e n e r a ll y b a s e d u p o n a b o u t o n e - th i r d o f t h e
P o s s ib le s e c u r i t i e s t h a t a c o m m e r c ia l b a n k c o u ld h o ld . S u p ­ v a lu e o f t h e p r o p e r t y . I n o w y ie ld to t h e S e n a to r f r o m N o r t h
p o se , f o r in s t a n c e , t h a t d u r i n g t h e r e c e n t p a n ic t h e b a n k s o f C a r o li n a .
M r. O V E R M A N . I w is h to i n q u i r e o f t h e S e n a t o r w h e t h e r
th is c o u n try h a d b een lo a d e d u p o r lo a d e d d o w n w ith f a rm
m o r tg a g e s , t h e s u s p e n s io n w h ic h w a s t e m p o r a r y w o u ld h a v e t h e S t a t e b a n k s in t h e W e s t lo a n m o n e y o n f a r m m o r tg a g e s ?
M r. M c C U M B E R .
O r d in a rily th e s a m e r u le s h a v e been
b e e n a b s o l u te l y p e r m a n e n t .
I t i s n o p a r t o f t h e b u s i n e s s o f a c o m m e r c ia l b a n k to a c c e p t a d o p te d b y t h e S t a t e s w h ic h h a v e i n c o r p o r a te d S t a t e b a n k s a s
a n d to d e a l in f a r m m o r tg a g e s . I t is c o n t r a r y to e v e r y p r i n ­ g o v e r n t h e n a t i o n a l b a n k s . T h e y h a v e f o llo w e d t h a t r u l e . I
c ip le o f b a n k in g , a n d i t h a s a l w a y s b e e n so u n d e r s t o o d in e v e r y s a y I s e e n o r e a s o n , h o w e v e r , w h y e i t h e r t h e n a t i o n a l b a n k in g
c o u n tr y in t h e w o r ld . T h e r e i s n o t a c iv iliz e d c o u n t r y w h e r e la w o r a n y S t a t e b a n k in g l a w s h o u l d r u l e a g a i n s t t h e u s e o f
g o o d c o n v e r tib le f a r m m o r tg a g e s w h e n a t t h e s a m e t i m e a c ­
t h e o r d i n a r y c o m m e r c ia l b a n k s a r e p e r m i t t e d to t a k e f a r m
m o r tg a g e s .
T h e y a r e in c o n v e r ti b l e s e c u r i t i e s , a b s o l u te l y in ­ k n o w le d g in g t h e u s e o f t h e o t h e r lo n g - tim e s e c u r i t i e s t h a t
c o n v e r tib le s e c u r i t i e s , a n d I a m a l i t t l e s u r p r i s e d t h a t a S e n ­ c a n n o t b e c o n v e r te d a n y m o r e q u ic k ly , a n d b e c a u s e t h e y d o n o t
a t o r , w i t h t h e w is d o m o f th e S e n a t o r f r o m M in n e s o ta , s h o u ld h e a r a s g o o d a r a t e o f i n t e r e s t , in f a c t , c a n n o t b e c o n v e r t e d a s
b e a s p e r t i n a c i o u s a s lie is in t h e d e f e n s e a n d a d v o c a c y o f a u q u ic k ly in to c a s h a s t h e f a r m m o r tg a g e s .
I k n o w t h e g e n e r a l s e n t im e n t a g a i n s t b a n k s lo a n i n g u p o n
a m e n d m e n t w h ic h , i t s e e m s t o m e , is so r e p u g n a n t to e v e r y
r e a l e s t a t e , b u t I t h i n k t h a t t h e S e n a t o r f r o m M in n e s o ta h a s
B ou n d p r i n c i p l e o f b a n k in g .
M r. N E L S O N . M r. P r e s i d e n t, to m y m in d t h e r e is n o t h in g p r o p e r l y a n d c o r r e c tl y g iv e n t h e c o n d itio n s a s t h e y a f f e c t t h e
m o r e r e p u g n a n t to s o u n d b a n k in g t h a n to h a v e c o m m e r c ia l b a n k s in t h e N o r t h w e s t a n d t h e r e m e d y t h a t o u g h t t o b e a p p lie d .
M r. L O D G E . M r. P r e s i d e n t , t h e S e n a to r f r o m N o r t h D a k o t a
b a n k s , i n s t e a d o f d e v o tin g t h e i r l o a u s to p u r p o s e s o f c o m m e rc e
[ M r . M c C u m b e r ] a n d a ls o t h e S e n a to r f r o m M in n e s o ta [M r.
a n d t r a d e , t o c o m m e r c ia l lo a n s , i n v e s t a l a r g e p a r t o f t h e i r




3876

Mabch 25,

CONGRESSIONAL RECORD— SENATE.

Kelson] r e f e r r e d t o t li e g e n e r a l o p p o s i t io n ea s t ° f the A l l e ­
g h e n ie s , w e w i l l s a y , t o t h e m a k i n g o f l o a n s u p o n f a r m

m o it

s a id

th e y a r e good fo r c e r ta in

p u rp o s e s , b u t n o t f o r b a n k in g

p u rp o se s.
M r . A N K E N Y . T h e y s to o d u s in h a n d v e r y w e ll a t t h a t
t im e , s u r e l y . T h e y w e r e a l w a y s k n o w n a s g o o d s e c u r i t i e s .
T h e y w e re c o n v e r tib le ; th e r e w a s d e m a n d a g a in s t w h ic h y o u
c o u ld p a y w i t h a m o r t g a g e a t a n y t im e . _
A s t o a c h a n g e o f p o lic y o f c o m m e r c i a l b a n k s , t h a t m a y b e
a g a i n s t y o u r w i s h in t h e m a t t e r , b u t t h e f a c t i s t h a t t h o s e l o a n s
a r e ta k e n a n d m a d e th e r e e v e ry d a y , a n d I th in k w e h a \ e g o t

* T
“ L D M c l f i y m ' t t e S- S e n a t o r p e r m i t m e to i n t e r r u p t
h im ? T h e r e a r e o n ly t h r e e m e m b e rs o f t h e c o m m itte e o u t o
t h i r t e e n w h o liv e e a s t o f t h e A l l e g h e n i e s ; a n d i f
s o r t o f d is c rim in a tio n , it c o m es fro m m e n w h o . u J m o t I
t h e A l l e g h e n i e s a n d s o m e o f t h e m w e s t o f t h e M is s is s 1 1 .
T h e r e n e v e r h a s b e e n a n y d i f f e r e n c e o f o p i n io n i n t h e c o m ­
o u r fir s t lo ss to m a k e .
m i t t e e a s t o t h i s p a r t i c u l a r p r o p o s i t io n .
T h a t is a l l I w a n t t o s a y a b o u t f a r m l o a n s .
,
M r. M c C U M B E R .
I f t h e S e n a t o r w i l l e x c u s e _m e , h e in d i­
T u e V I C E - P R E S I D E N T . T h e q u e s t i o n i s o n - rg. r e e i n g to t h e
a — ...
on+rwi in n e
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t m W is c o n s in
xhe
c a t e d , i n a c o n t r o v e r s y w i t h t h e S e n a t o r f r o r n W is c o n s in , tu m u^
h a t rthe p r e d o m i n a n c e o f t h e i n t e l l e c t o f t h a t c o m m i tt e e i s i n a l i t t i j T a m e n d m e n t ..p r o p o s e d b y t h e S e n a t o r f r o m ^ M i j m e s o i n - I M t

S t a t e e a s t o f t h e A lle g h e n ie s .
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m i,
I s h o u ld lik e to h a v e th e y e a s a n d n a y s on
M r. L O D G E . I w a s g o in g t o s a y t h e r e a s o n I t h i n k w h y t h w * ^ M r f ^ L S O N .
th e a m e n d m e n t, if S e n a to r s w ill g iv e m e th e y e a s a n d n a y s .
E a s t e r n p e o p le , c e r t a i n l y t h e N e w E n g l a n d p e o p le , n a v e
T h e y e a s a n d n a y s w e re o rd e re d , a n d th e S e c re ta ry c a lle d
d r e a d o f b a n k s w i t h p o w e r t o l o a n o n l a n d s e c u r i t y is t l a t
,
_
.
In t h e e i g h t e e n t h c e n t m y w e h a d a v e ry b i t t e r e x p e r i e n c e t o t h e r o l l.
M r. O V E R M A N ( a f t e r h a v in g v o te d in th e a f fir m a tiv e ) .
w h a t w a s kno w n a s th e " la n d b a n k s.
T h e y w e r e , I t h i v,
t r i e d in a l l t h e N e w E n g l a n d S t a t e s o f t h a t p e r i ( ^ — t h e y c e r ­ M r . P r e s i d e n t , I i n q u i r e i f t h e s e n i o r S e n a t o r f r o m C a l i f o r n i a
[M r. Pe r k in s ] h a s v o te d ?
,
„
t a i n l y w e r e t r i e d in m i n e — a n d t h e y w e r e a b s o l u t e l y n n n o u s .
T h e VICE-PRESIDENT. The C h a i r i s I n f o r m e d t h a t h e n a s
T h e y w e r e b a n k s t h a t w e r e a ll o w e d t o l e n d m o n e y o n l a n d .
M r. N E L S O N . W ill th e S e n a to r a llo w m e to i n t e r r u p t h im
n ° M r .° O V E R M A N . I a m p a i r e d w i t h t h a t S e n a t o r , a n d t h e r e ­
fo r a m o m e n t?
fo r e w ith d r a w m y v o te .
I i n a d v e r t e n t l y v o te d , n o t n o t i c i n g
M r. L O D G E . C e rta in ly .
M r N E L S O N . T h e S e n a to r fro m M a s s a c h u s e tts m u s t r e ­ t h a t th e S e n a to r f r o m C a lif o r n ia w a s a b s e n t.
T h e r e s u lt w a s a n n o u n c e d — y e a s 22, n a y s 26, a s fo llo w s :
m e m b e r t h a t in t h e s e v e n t e e n t h c e n t u r y t h e M i s s is s i p p i v a ll e y
w a s w h o lly u n s e ttle d .
•
,
.
T
M r. L O D G E . I d i d n o t s a y t h e s e v e n t e e n t h c e n t u r y , l s a i d
th e e ig h te e n th .
M r. N E L S O N .

..
E v e n in t h e e i g h t e e n t h c e n t u r y i t w a s p r e t t y

n e a r ly a ll u n s e ttle d .
'
,
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M r. L O D G E . I t h i n k i t w a s u n s e t t l e d , a n d o u r p a r t o f t h e
c o u n try w a s th e n v e ry p a r tia lly s e ttle d , a n d w e g o t o u r le s so n
t h e n . I t h i n k i t i s v e r y f o r t u n a t e t h a t t h e M i s s is s i p p i A a l l e y
h a s b e e n s p a r e d f r o m g o in g t h r o u g h w h a t w e w e n t t h r o u g h ,
b e c a u s e w e h a d to le a r n o u r le s s o n b y b i tt e r e x p e rie n c e . I
tb in lc t h e d i s a s t e r s w h i c h w e r e c a u s e d b y w h a t w e r e k n o w n a s
t h e “ l a n d b a n k s ” p r o d u c e d a n e f f e c t o n t h e g e n e r a l o p i n io n i n
m v p a r t o f th e c o u n try w h ic h th e y n e v e r re c o v e re d fro m . I
r e a lly th in k t h a t h o s tility to a n y b a n k fo u n d e d in t h a t w a y h a s
e n d u r e d t o t h i s t im e .
,
.. .
O f c o u rs e I d o n o t r e f e r to th e s a v in g s b a n k s , w h ic h a r e
c a r e f u lly p ro te c te d b y la w s w h ic h e n a b le th e m to p r e v e n t r u n s
a n d g iv e th e m tim e to re a liz e , b u t b a n k s t h a t h a v e to m e e t
d e m a n d s r ig h t o v e r th e c o u n te r f o r c a s h a n d t h a t m u s t h a v e
s e c u r i t i e s n o t o n ly w h i c h a r e v a l u a b l e , b u t s e c u r i t i e s w h i c h a r e
c o n v e rtib le
^ m o m e n t in t h e o p e n m a r k e t - n o t , p e r h a p s , a t
t h e i r f a c e v a lu e , b u t w h i c h c a n b e s o ld a t o n c e . I o n l y r e ­
f e r r e d t o t h a t b e c a u s e t h e S e n a t o r w o n d e r e d w h y w e h a d so
m u c h o p p o s i t io n t o t h e s c h e m e . I t h i n k i t i s o w i n g t o t h e d i s ­
a s t e r s w e h a d fro m b a n k s o f t h a t k in d .
M r. M c C U M B E E . W h a t I t r i e d t o c o r r e c t t h e S e n a t o r i n w a s
t h e i d e a t h a t r e a l - e s t a t e s e c u r i t i e s c o u ld n o t b e c o n v e r t e d a t
o n c e . P o s s i b l y t b e v c a n n o t b e c o n v e r t e d in t h e E a s t a s q u i c k l y
a s t h e o t h e r c h a r a c t e r o f m o r tg a g e s , b u t in o u r o w n S t a t e a n d
i n t l i e w h o le N o r t h w e s t ( a n d I t h i n k e v e r y S e n a t o r w h o liv e s
o u t in t h a t s e c ti o n w i l l b e a r m e o u t in t h i s s t a t e m e n t ) t h e y
c a n be c o n v e rte d in to c a s h m u c h e a s ie r t h a n a n y o th e r s e c u ri­
tie s o u t th e re th a t a re ta k e n by th e b a n k s.
M r. A N K E N Y . I th in k th e r e is a little m is u n d e r s ta n d in g ,
M r P r e s id e n t, a b o u t t h is c o lla te r a l in th e W e s t. I n r e c e n t
t i m e s w e h a d a n o p p o r t u n i t y to t r y a l l k i n d s , a n d , l i k e t h e
S e n a to r f r o m M in n e s o ta [M r, N e lso n ], w e f o u n d t h a t o u r b e s t
s e c u r i t i e s w e r e o u r f a r m lo a n s .
I w a n t to s p e a k o f o n e l ittle in c id e n t w h ic h w ill c o n v e y m y
m e a n i n g . I f o u n d a l i t t l e b a n k in d i s t r e s s in 1 8 0 3 . T h e e m e r ­
g e n c y a r o s e t o d o s o m e th i n g .
So w e fo u n d th a t m o st o f o u r
s e c u r i t i e s w e r e f o r tw o j o o d m im e s t i t t h e t i m e t h e y w o t e u u id e ,
b u t c lo s e r i n v e s t i g a t i o n s h o w e d t h a t t h o s e f a r m s w e r e m o r t ­
g a g e d in t h e E a s t t o lo a n c o m p a n ie s , s o m e o f w h i c h n e r e in t h e
h a n d s o f t h e r e c e iv e r . I s i m p ly w a s c a l l e d u p o n to d o s o m e ­
t h i n g . I t o ld t h e o w n e r s o f t h e b a n k t h a t w e m u s t h a v e m o r e
m o n e y ; t h a t is , t o t a k e u p n o t o n ly t h i s f i r s t m o r t g a g e t h a t w a s
o v e r th e r e a l e s ta te , b u t t h a t w e w o u ld ta k e t h a t u p a n d ta k e
t h e a s s i g n m e n t f r o m t h e l o a n c o m p a n i e s t h a t w e r e in t h e h a n d s
o f t h e r e c e iv e r .
T o m a k e a lo n g s t o r y s h o r t , o n ly t o u c h i n g t h e h i g h p la c e s , w e
re a liz e d u p o n e v e ry d o lla r o f th o s e lo a n s . W e re a liz e d u p o n
a ll o u r s u b s e q u e n t l o a n s , s e c u r e d o n ly b y t h e i r n a m e s , a n d r e i n ­
s t a t e d e v e r y m a n in t h e p r o p e r t y , a n d t h e y a r e a l l p r o s p e r o u s
a n d g o o d p e o p le to - d a y . I f y o u c a n fin d a r e c o r d o f s e c u r i t i e s
t h a t is b e t t e r t h a n t h a t , I s h o u l d l ik e t o h e a r o f it.
M r. A L D R I C H . M r. P r e s i d e n t , I h o p e t h e S e n a t o r f r o m
W a s h in g t o n d i d n o t u n d e r s t a n d m e a s o b j e c t in g to ^
c la s s o f
s e c u r i t i e s o n f a r m m o r t g a g e s in t h e W e s t. T h e y a r e g o o d . I




Y E A S — 22.
Ankeny
Bankhead
Bourne
Brow n
Burkett
Clay

Aldrich
Brandegee
Bulkeley
B urrow s
Crane
Dick
D illingham

D olliver
du Pont
F lin t
Frye
G allinser
Guggenheim
H opkins

A llison
Bacon
Bailey
Beveridge
Borah
Briggs
Burnham
Carter
Clapp
Clark, W yo.
Clarke, Ark.

D aniel
D avis
Depew
Elkins
Foraker
Foster
Fulton
Gary
H ale
Ilansbrough
Hem enway

Gore
La Follette
McCreary
McCumber
M cLaurin
M artin

Culberson
Cullom
Curtis
Dixon
Frazier
Gamble

Nelson
Piles
Stephenson
W arn er

N A Y S — 20.

NOT

Johnston
K ean
Lodge
Long
Owen
■TU'1 liter
Sm ith

Smoot
Sutherland
Teller
W arren
W et more

V O T IN G — 41.
Heyburn
K ittredge
K nox
M cEnery
Money
Newlands
Nixon
Overm an
Penrose
Perkins
P latt

Rayner
Richardson
Scott
Sim m ons
Stone
Taliaferro
Taylor
T illm an

S o M r. N elson’ s a m e n d m e n t w a s r e j e c t e d .
M r. S I M M O N S . M r. P r e s i d e n t , I d e s i r e t o o f f e r t h e a m e n d ­
m e n t w h ic h I s e n d to th e d e sk .
T h e V IC E -P R E S ID E N T . T h e a m e n d m e n t w ill h e s ta te d .
T h e S ecretary. I t i s p r o p o s e d t o s t r i k e o u t a i l a f t e r t h e w o r d s
" o f t h e U n i t e d S t a t e s , ” in l in e 4 , p a g e 7, d o w n t o t h e w o r d
“ e v e r y ,” i n l in e 7 , p a g e 8 , a n d i n s e r t in lie u t h e r e o f t h e w o r d s
“ s h a l l p a y a m o n th l y t a x o f o n e - f o u r t h o f 1 p e r c e n t d u r i n g
th e fir s t th r e e m o n th s a f t e r th e y s h a ll b e is s u e d a n d o f o n e -h a lf
o f 1 p e r c e n t a fte rw a rd s upon th e a v e ra g e a m o u n t o f su c h o f
t h e i r n o t e s in c i r c u l a t i o n a s a r e b a s e d u p o n t b e d e p o s i t o f s u c h
b o n d s .”
M r. S I M M O N S . M r. P r e s i d e n t , I d o n o t d e s i r e t o p r e s s t h e
a m e n d m e n t th is a fte rn o o n . I h a v e in tr o d u c e d it a t th is tim e
s i m p ly f o r t h e p u r p o s e o f c a l l i n g i t to t h e a t t e n t i o n o f t h e c o m ­
m i t t e e s o t h a t i t m a y b e c o n s i d e r e d a t t h e i r m e e t in g to - m o r ­
ro w
T h e a m e n d m e n t h a s n o t u p to th is tim e b e e n b e fo re tb e
c o m m itte e fo r c o n s id e ra tio n . T o -m o rro w I s h a ll s u b m it so m e
r e m a r k s in f a v o r o f t h e a m e n d m e n t .
M r. O V E R M A N . I s u p p o s e w e c a n o f f e r a m e n d m e n t s t o ­
m o rro w
A s I u n d e r s t a n d , t h e c o m m i tt e e Is t h e n t o h a v e a
m e e tin g , c e r t a i n a m e n d m e n t s w i l l b e b e f o r e t h e c o m m i tt e e , a n d
t b e m a t t e r c a n b e b r o u g h t u p to - m o r r o w .
EXECUTIVE SESSION.

M r. A L D R I C H . .Mr. P r e s i d e n t , e v id e n t ly w e s h a l l n o t b e
a b l e t o f in is h t h e b i ll t o - n ig h t , a n d I m o v e t h a t t h e S e n a t e a d ­
jo u rn .
.
M r K E A N . L e t u s h a v e a n e x e c u t i v e s e s s io n .
M r! A L D R I C H . V e r y w e ll. I m o v e t h a t t h e S e n a t e p r o c e e d
to th e c o n s id e r a tio n o f e x e c u tiv e b u s in e s s .
T h e m o tio n w a s a g r e e d t o , a n d t h e S e n a t e p ro ce e d ^ t o u rn
c o n s i d e r a t i o n o f e x e c u t i v e b u s i n e s s . A f t e r fiv e m i n u t e s ■ si
in e x e c u t i v e s e s s io n t h e d o o r s w e r e r e l i e d , and. a t •> ocukh
a n d I S m i n u t e s p . in .) t h e S e n a t e a d j o u r n e d u n t i l t o - m o n c ,
T h u r s d a y , M a r c h 2 0 , 1 9 0 8 , a t 1 2 o ’c lo c k m e r i d i a n .

1908.

CONGRESSIONAL RECORD— SENATE.

I t w a s e n a c t e d f o r t h e r e a s o n t h a t i t w a s d e s i r a b l e t o g iv e
t i m e f o r t h e l e g i s l a t o r s to c o n s i d e r t h e c a n d i d a c y o f a n y p e r s o n
f o r w h o m t h e y w e r e l i a b l e t o v o te . I k n o w o f n o o t h e r o b j e c t
f o r w h i c h i t c o u ld h a v e b e e n e n a c te d .
M r . B U R K E T T . M r. P r e s i d e n t ------M r . M c C U M B E R . H a d t h e v o te b e e n t a k e n o n e o r tw o o r
t h r e e d a y s l a t e r , I d o n o t u n d e r s t a n d t h a t a n y q u e s t io n w h a t ­
e v e r w o u ld h a v e a ris e n . T o m e, th e re fo re , i t a p p e a r s a s a
m e re te c h n ic a lity , w ith o u t a n y goo d re a s o n f o r r e fu s in g th e
a d m i s s i o n a t t h i s t im e . I f I v o t e in f a v o r o f s e a t i n g t h e m a n
e le c t e d b y t h a t l e g i s l a t u r e , i t w i l l b e a v o t e t o c h a n g e e x i s t i n g
la w , so f a r a s i t a ffe c ts th is p a r tic u la r c a se , a n d th e d e m a n d s
o f j u s t i c e a r e s u f f ic ie n t t o m e to i n c l i n e m y v o t e i n f a v o r o f
t h e a d m i s s io n .
N o w , a s p e c ia l s e s s io n , i t i s t r u e , m i g h t b e c a lle d , b u t t h e
s p e c ia l s e s s io n u n d o u b t e d l y w o u l d r e q u i r e n o tic e . I t w o u ld
c a u s e m u c h e x p e n s e to t h e S t a t e . I f t h e c o n s t i t u t i o n o f M a r y ­
la n d is lik e th e c o n s titu tio n o f m o s t o f th e o th e r S ta te s in th e
U n io n , f r o m t e n t o t h i r t y d a y s ’ n o t ic e w o u ld h a v e t o b e g iv e a
b e f o r e a s p e c ia l s e s s io n o f t h e l e g i s l a t u r e c o u ld b e c o n v e n e d .
I t w o u ld b e e x p e n s iv e , a n d n o d i f f e r e n t r e s u l t i s l i a b l e t o f o llo w
in c a s e a s p e c ia l s e s s io n i s c a lle d . T h i s b e in g t h e c a s e , M r,
P r e s i d e n t , I f e e l i t m y d u t y t o v o te , a n d I f e e l t h a t I a m
f u l l y j u s t i f i e d in v o t in g , t o a m e n d t h e l a w - a s i t n o w s t a n d s in
f a v o r o f e q u a l a n d e x a c t a n d p r o p e r j u s t i c e b e in g m e te d o u t
t o t h i s m a n ; that he be s w o r n i n a t t h e p r e s e n t t im e a n d b e
a ll o w e d to t a k e h i s s e a t.
M r. O V E R M A N . M ay I a s k th e S e n a to r fro m N o rth D a k o ta
a q u e s t io n b e f o r e h e t a k e s h i s s e a t ?
M r. M c C U M B E R . C e rta in ly .
M r . O V E R M A N . I f t h e l e g i s l a t u r e i s c a lle d in e x t r a s e s s io n
f o r t h e p u r p o s e o f e le c t i n g a U n i t e d S t a t e s S e n a t o r , w o u ld i t
n o t h a v e t o r e m a i n i n s e s s io n , w i t h o u t d o i n g a n y t h i n g , f o r
f i f te e n d a y s b e f o r e i t c o u ld e le c t, a c c o r d in g t o t h e c o n te n t io n
h ere?
M r . M c C U M B E R . T h a t i s p r o b a b ly t r u e .
M r. R A Y N E R . A t a n e x p e n s e o f f o r t y o r f i f ty t h o u s a n d
J o lla rs .
d

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/ I t d o e s n o t s a y “ a n d h a s h a d n o t i c e . ” I t i s m e r e ly e q u i v a ­
l e n t t o t h e l a n g u a g e “ w i t h n o t ic e o f s u c h v a c a n c y ; ” a n d n o
i o n e c h a l l e n g e s t h e p r o p o s i t io n t h a t t h i s l e g i s l a t u r e h a d b e e n
' o r g a n iz e d f o r m o r e t h a n e i g h t d a y s p r e v i o u s t o t h e e le c t i o n . I
B u t th e c o n te n tio n t u r n s u p o n th e p o in t t h a t th e w o rd “ a f te r ” f
q u a li f i e s t h e i r n o t ic e o f s u c h v a c a n c y , a n d t h e l a n g u a g e o f t h e {
s t a t u t e d o e s n o t r e q u i r e t h a t i n t e r p r e t a t i o n . Y o u m a y g iv e i t
t h a t in te r p r e ta tio n b y in s e r tin g th e w o rd “ h a d ” a f te r th e w o rd
“ h a s .” Y o u m a y g iv e i t t h a t in te r p r e ta tio n b y a so m e w h a t
f o r c e d c o n s t r u c t i o n , a n d g r a n t i n g t h a t i t m a y b e so c o n s t r u e d
w i t h o u t a f o r c e d c o n s t r u c t i o n , i t a t l e a s t i s e q u iv o c a l. I t m a y
b e i n t e r p r e t e d e i t h e r w a y . S in c e t h e S e n a t e h a s t h e p o w e r a n d
th e r ig h t to d e te rm in e th e v a lid ity o f th e s e c re d e n tia ls , a n d
s in c e t h e r e i s n o v i o l a t i o n o f t h e s t a t u t e n e c e s s a r i l y in v o lv e d
i n t h i s c a s e ; a n d s in c e t h e c a u s e o f j u s t i c e r e q u i r e s t h a t t h e
S ta te , yt M a r y l a n d b e a ll o w e d t o r e c o r d i t s w ill a n d b e r e p r e ­
s e n t e d o n t h i s flo o r, I s h a l l v o t e n o t o n ly t o a d m i t t h e S e n a to r e le c t f r o m M a r y l a n d , b u t i f i t c o m e s u p a f t e r w a r d s I s h a l l m a i n ­
t a i n t h a t i t i s h i s r i g h t t o a s e a t i n t h e S e n a te .
M r. B U R K E T T . M r. P r e s i d e n t , I r o s e w h e n t h e S e n a t o r
f r o m N o r t h D a k o t a [ M r . M cCumbeb ] w a s s p e a k in g t o a s k h im
a q u e s t io n , b u t I d id n o t g e t r e c o g n i ti o n . T h e S e n a t o r f r o m
N o rth D a k o ta , if I u n d e rs to o d a r ig h t h is in te r p r e ta tio n o f th is
la w , s u g g e s t e d t h a t p r o b a b ly t h e s e c o n d T u e s d a y w a s f ix e d s o
t h a t th e le g is la tu r e m ig h t h a v e a p ro p e r tim e to c a n v a s s th e
m e r i t s o f t h e c a n d i d a t e s . I n m y o p in io n , t h a t n e v e r e n t e r e d
i n to t h e c o n s i d e r a t i o n o f a n y b o d y i n t h e f r a m i n g o f t h i s la w .
I f t h e S e n a t o r w i l l r e a d t h e h i s t o r y o f t h i s l e g i s l a t i o n h e w ill’
fin d i t w a s , l i k e m o s t a l l l e g i s l a t i o n t h a t i s p a s s e d , a m e n d e d
a f te r it w a s o rig in a lly fra m e d . T h e r e w e re a m e n d m e n ts i n te r ­
p o l a t e d i n t o t h e t e x t o f i t o n t h e flo o r o f t h e S e n a te , a n d t h e
c h a i r m a n o f t h e c o m m itte e h a s b r o u g h t t h a t f a c t t o t h e a t t e n ­
t i o n o f t h e S e n a te .

T h i s b i ll w a s p a s s e d a t a t i m e w h e n , p e r h a p s , t h e m o s t
d if f ic u lty w a s e x p e r i e n c e d i n o u r m e t h o d o f e le c t i n g U n i t e d
S ta te s S e n a to r s in o u r h is to ry . A s to th e im m e d ia te c a u s e o f
t h i s b ill, I w ill g iv e j u s t o n e i l l u s t r a t i o n . M r . F e s s e n d e n w a s
e le c te d e ig h t e e n t i m e s t o t h e U n i t e d S t a t e s S e n a t e b y o n e
M r. O W E N : M r. P r e s i d e n t , i t s e e m s a s i f t h i s c o n tr o v e r s y ,
b o d y o f h i s S t a t e l e g i s l a t u r e , a n d n e v e r w a s e le c t e d i n t h o s e
t u r n e d , so f a r a s t h e m e r i t s o f t h e c a s e a r e c o n c e r n e d , u p o n
e ig h t e e n t im e s b y t h e o t h e r b o d y o f t h e l e g i s l a t u r e . O n e b o d y
t h e i n t e r p r e t a t i o n o f t h e s t a t u t e w h ic h i t i s s u g g e s te d t h a t t h e
w a s o f o n e p o litic a l fa c tio n a n d th e o th e r o f a n o th e r p o litic a l
l e g i s l a t u r e o f M a r y l a n d h a s v i o la t e d in m a k i n g t h i s s e le c tio n
f a c t io n , a n d t h e y n e v e r d i d a g r e e w h e n t h e y s h o u l d g e t t o g e t h e r
o f a S e n a to r ; a n d w h e n I e x a m in e th e s t a tu t e I th in k t h a t t h a t
u n d e r t h e l a w s o f t h e i r S t a t e t o e le c t a U n i t e d S t a t e s S e n a to r .
c o n tr o v e r s y i s n o t s u s t a i n e d . I h a v e l i s t e n e d w i t h g r e a t i n ­
T h a t h a d been th e tro u b le fo r a n u m b e r o f y e a rs . I t h a d n o t
t e r e s t to t h e p r e c e d e n t s o f f e r e d b y t h e c h a i r m a n o f t h e C o m ­
o n ly o c c u r r e d t o M r. F e s s e n d e n . I t h a d o c c u r r e d in a g o o d
m i t t e e o n P r i v i l e g e s a n d E le c tio n s . I h a v e l i s t e n e d t o t h e
m a n y o t h e r S t a t e s a n d o n a g o o d m a n y o t h e r o c c a s io n s , a n d
d i s c u s s i o n w i t h r e g a r d to t h e c o llo q u y o r t h e c o n v e r s a t io n s
f o r q u i t e a t i m e t h e r e h a d b e e n d e b a t e a n d d i s c u s s io n a s t o t h e
w h i c h o c c u r r e d b e tw e e n t h e m e m b e r s o f t h e J u d i c i a r y w h o f i r s t
a d v i s a b i l i t y o f C o n g r e s s g o in g f u r t h e r t h a n t h e C o n s t i t u t i o n
d r e w a n d s u b m i tt e d t h i s s t a t u t e ; b u t I t h i n k t h a t t h e s t a t u t e h a d g o n e a n d s a y i n g s p e c if ic a lly w h e n a S t a t e s h o u l d e le c t i t s
I t s e l f s h o u ld b e a ll o w e d to s p e a k f o r i t s e l f a n d n o t b e c o n U n i t e d S t a t e s S e n a to r . I t d i d i t n o t o n ly f o r u n i f o r m i t y , b u t
t r o l l e d b y c o n v e r s a t io n s w h i c h to o k p l a c e i n c o m m i tt e e r o o m s , ! i t d i d i t so Ms t o b e c e r t a i n t h a t t h e S t a t e s w o u ld e le c t U n i t e d
„
.
a
a n d e s p e c i a l l y w h e n t h e s t a t u t e u s e s d i f f e r e n t l a n g u a g e f r o m / s t a t e s S e n a to r s .

V r h n Ullf<l1

by th e c h a irm a n

M r. B U R aR O W S .C t M r .’ P r e s i d e n t ____

o f t h e C o m m itte e o/i

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T h e V I C E - P R E S I D E N T . D o e s t h e S e n a t o r f r o m O k la h o m a
y i e l d t o t h e S e n a t o r f r o m M ic h ig a n ?
M r. O W E N . C e r ta i n ly .
M r. B U R R O W S . T h e S e n a t o r w ill a llo w m e t o s t a t e t h a t t h e
c o n v e r s a t io n r e f e r r e d t o w a s n o t a c o n v e r s a t io n in t h e c o m ­
m i t t e e ro o m , b u t o n t h e flo o r o f t h e S e n a te .
M r . B E V E R I D G E . D e b a te .
M r. O ty E N . ■ t ■a ■ o u■ t■ -to - ■ ■s a m e I t—i n
I
m ■ n s ■ the ■ ■ h
I t is th e e x p re s­
s io n o f p e r s o n a l o p in io n t h a t d i d n o t fin d i t s e l f r e c o r d e d in t h e
a n g u a g e o f t h e la w . T h e s t a t u t e s p e a k s f o r i ts e l f , a n d w h e n
h e c h a i r m a n fin d s i t n e c e s s a r y t o b o l s t e r h i s c o n te n t io n w i t h
th e s e p re c e d e n ts o f f o u rte e n d iffe re n t c a s e s I c a ll th e a tte n tio n
o f t h e S e n a te t o t h e f a c t , a n d t h e i n t e r e s t i n g f a c t , t h a t , r e g a r d ­
l e s s o f t h e o p in io n o f l e g i s l a t u r e s w i t h r e g a r d t o t h i s s t a t u t e , i t
W o u ld h a r d l y e v e r o c c u r t h a t a l e g i s l a t u r e w o u ld s h o w s u c h
d i s p a t c h a s to d is p o s e o f a m a t t e r o f t h i s i m p o r t a n c e w i t h in
s e v e n o r e i g h t d a y s , a n d t h e r e f o r e s in c e t h e s e l e g i s l a t u r e s m a y
W ell h a v e a c t e d w i t h o u t r e g a r d to t h e i n t e r p r e t a t i o n o f t h i s
s t a t u t e t h e i r a c t i o n c o n s t i t u t e s n o v a li d a r g u m e n t in i n t e r p r e t i n g
t h e s t a t u t e i ts e l f .
I c a ll t h e a t t e n t i o n o f t h e S e n a t e to t h e la n g u a g e o f t h e f
s t a t u t e , s e c tio n 17
Whenever during the session o f the legislature o f any State a vacancy
occurs in the representation of such State in the Senate, sim ilar pro­
ceedings to fill such vacancy shall 1 C had on the second Tuesday after
>
the legislature has organized.

A n d t h i s l a n g u a g e i s f o u n d in s e c tio n 1G a n d iu s e c tio n 14,
b u t t h e w o r d s t h a t i m m e d ia t e l y f o llo w o c c u r o n ly i u s e c tio n 17,
h m l th o s e w o r d s a r e :
And has notice o f such vacancy.




T h e m a t t e r w a s r e f e r r e d to t h i s c o m m itte e , a n d t h e y b r o u g h t
° U t t b e bU1 o r lg ln a U y a s t h e c h a i r m a n o f t h e c o m m i tt e e h a s
s u g g e s te d , p r o v i d in g in t h i s p a r t i c u l a r c a s e t h a t o n t h e s e c o n d
T u e s d a y a f t e r t h e l e g i s l a t u r e s h a l l h a v e n o t ic e o f a v a c a n c y
t h e y s h a l l p r o c e e d t o e l e c t A ll t h e w a y t h r o u g h t h e b i ll i t p r o ­
v id e d t h e s e c o n d T u e s d a y a f t e r t h e m e e t in g o f t h e l e g i s l a t u r e .
W h e n t h e b ill c a m e i n to t h e S e n a te , M r. C l a r k m o v e d to i n s e r t,
a f t e r t h e w o r d “ m e e t in g ,” t h e w o r d s “ a n d o r g a n i z a t i o n , ” a n d
t h e d e b a t e s h o w s t h a t s o m e c o n te n d e d t h a t in s o m e c a s e s t h a t
i t w o u ld b e im p o s s ib le to d o so b y t h e s e c o n d T u e s d a y a f t e r t h e
m e e tin g . M r. C l a r k c it e d s o m e i l l u s t r a t i o n s w h e r e t h e s e c o n d
T u e s d a y a f t e r m e e tin g h a d f o u n d s o m e l e g i s l a t u r e s n o t o r g a n ­
iz e d , a n d h e f u r t h e r s a i d “ y o u c a n n o t g e t t h i s v o te c a s t a t a
c e r t a i n t i m e w i t h r e f e r e n c e t o t h e b e g in n in g o f t b e s e s s io n b e ­
c a u s e y o u c a n n o t fo rc e a n y th in g u n til th e le g is la tu r e is o r ­
g a n iz e d a n d in p o s itio n to d o b u s in e s s , a n d so y o u m u s t p u t i t
‘ a f t e r t h e o r g a n iz a t i o n . ’ ”
S o t h e la w w a s n o t m a d e , a s t h e S e n a to r f r o m N o r t h D a k o t a
s a y s , f o r t h e p u r p o s e o f g iv in g tim e to i n v e s t i g a t e t h e c a n d i ­
d a te s , b u t to fix a t i m e a f t e r t h e l e g i s l a t u r e s h o u ld b e i n o p e r a ­
tio n , w i t h p o w e r to e n f o r c e t h e a t t e n d a n c e o f i t s m e m b e rs ,
w h e n a v o te w o u ld c e r t a i n l y b e h a d . H e n c e t h e y p u t i n t h e
w o r d s “ a f t e r o r g a n iz a t i o n . ”
T h a t is not a v a r y m a t e r i a l p o i n t e x c e p t a s to t h i s : I w a s
v e r y m u c h i n t e r e s t e d in t h e a d d r e s s o f t h e S e n a t o r f r o m M a r y ­
l a n d [ M r. R ayneb ]. I w a n t to s a y to h im t h a t on t h e g e n e r a l
r e s u l t s of t h i s p r o p o s i t io n I a m w i t h h im . I t w a s a v e r y i n ­
g e n io u s a r g u m e n t t h a t t h e S e n a t o r m a d e , a n d c e r t a i n l y a v e r y
a t t r a c t i v e o n e , a s a r e a l l h i s a d d r e s s e s b e f o r e t h e S e n a te
B ut
t h e S e n a t o r i s r a d i c a l l y w r o n g i n h i s c o n te n t io n t h a t t i m e
n o t th e esse n ce o f th is s ta tu te . I t w a s m ad e fo r t i a t p a r tic u ­
l a r p u r p o s e . T im e w a s t h e e s s e n c e . I t i s a b s o l u te l y m a n d a t o r y

3952

CONGRESSIONAL RECORD— SENATE.

f o r t h e r e a s o n s I h a v e s e t f o r t h ; a n d t h a t i s w h y I u n d e r t o o k to
a n s w e r th e s ta te m e n t o f th e S e n a to r fro m N o r th D a k o ta .
T h e tim e w a s to b e th e s e c o n d T u e s d a y a f t e r o rg a n iz a tio n ,
a n d n o o t h e r t i m e . T h a t i s w h e n t h e y m u s t m e e t.
T h a t is
w h e n th e y m u s t ta k e th e firs t a c tio n w ith re fe re n c e to th is
m a tte r.
W hy?
B e c a u s e th e n th e y a r e d ire c te d w h e n b o th
h o u s e s s h a l l m e e t . I t w a s t o o v e r c o m e t h e d i f f ic u l ty t h e y h a d
f o r m a n y y e a r s , in th e e a r ly s ix tie s , o f o n e b o d y o f th e le g is la tu r e
m e e tin g ' o n e d a y a n d a n o th e r b o d y o f th e le g is la tu r e m e e tin g
a n o t h e r d a y , o r o n e b o d y n e v e r m e e t i n g a t a ll . T h e y c o u ld n o t
g e t th e m to g e th e r u n d e r t h e S t a te la w s in so m e S ta te s f o r a
j o i n t b a llo t.
T h e y c o u ld n o t g e t o n e h o u s e t o a c t w i t h t h e
o th e r o n a j o in t b a llo t, o r s o m e th in g o f t h a t s o r t. O n e h o u s e
w o u ld a g r e e to a j o in t b a llo t o n o n e d a y a n d th e o th e r w o u ld
n o t, a n d th e r e w a s a ll t h a t s o r t o f th in g . So th e C o n g re ss o f
t h e U n i t e d S t a t e s , t o o v e r c o m e t h a t d if f ic u lty , p a s s e d t h a t l a w ,
a n d i t w e n t m u c h f u r t h e r t h a n th e C o n s titu tio n a n d p ro v id e d
s p e c if i c a l ly t h e d a y w h e n t h a t t h i n g m u s t b e d o n e .
N o w , in t h e d e b a t e t h a t w a s h a d o n t h e b i ll t h e r e w a s a g o o d
d e a l o f d is c u s s io n a s to w h e th e r o r n o t C o n g re s s h a d th e p o w e r,
f o r in s ta n c e , to p ro v id e h o w th e y s h o u ld v o te ; w h e th e r th e y
s h o u ld v o te v iv a v o c e o r b y b a llo t. T h a t q u e s tio n w a s r a is e d
a n d v o t e d u p o n , a n d i t w a s d e t e r m i n e d t h a t i n so f a r a s C o n ­
g re s s w a s c o n c e rn e d i t d id h a v e th e r ig h t to p ro v id e w h e n th e y
sh o u ld v o te a n d h o w th e y s h o u ld v o te ; a n d th e S e n a te v o te d on
t h a t p a r ti c u l a r th in g .
I h a v e h e a r d a g o o d d e a l o f c o n tro v e rs y a s to w h e n is th e
s e v e n t h d a y a n d w h e n i s t h e f i r s t d a y o f t h e w e e k ; a n d i t is
g o in g o n n o w . A ll S e n a to r s , I su p p o s e , a r e g e ttin g m a n y c o m ­
m u n i c a t i o n s , A s a m e m b e r o f t h e D i s t r i c t C o m m i t te e , I a m
g e ttin g , I th in k , a b o u t tw e n ty -fiv e o r t h i r t y l e t t e r s a d a y , t e ll­
in g m e a b o u t th e im p o r ta n c e o f th e f ir s t d a y o r th e s e v e n th d a y ,
a n d in r e s p e c t t o l e g i s l a t i o n a b o u t t h e f i r s t d a y a n d t h e s e v e n t h
day.
N o w , t h i s w h o l e q u e s t i o n t o - d a y r e v o lv e s a r o u n d w h e t h e r l a s t
T u e s d a y w a s th e seco n d T u e s d a y o r th e firs t T u e s d a y a f te r th e
le g is la tu r e o f th e S ta te o f M a ry la n d w a s a d v is e d o f S e n a to r
W h y t e ’s d e a t h . F o r m y p a r t I a m n o t g o in g t o q u a r r e l a b o u t
it. T h e le g is la tu r e h a s d e c id e d w h e n i t w a s , so f a r a s it is co n ­
c e rn e d , a n d th e r e s u lt t h a t th e C o n g re ss in te n d e d b y th is la w
h a s b e e n a c c o m p l i s h e d — h a r m o n i o u s a c t i o n a n d t h e e le c t i o n o f
a" S e n a t o r . I t i s t h e o n l y c a s e o f t h e k i n d t h a t h a s o c c u r r e d
in th e h is to r y o f t h e S e n a te . T h e r e w ill p r o b a b ly n e v e r b e a n ­
o t h e r c a s e w h e r e a S e n a t o r d i e s o n T u e s d a y a n d t h e e le c t i o n
ta k e s p la c e u n d e r th e s e c irc u m s ta n c e s . W e a r e n o t m a k in g a
p re c e d e n t th e r e f o r e , t h a t w ill e v e r r is e u p a g a in s t u s , a n d c e r­
t a in ly th e r e is n o tr o u b le in t h i s p a r ti c u l a r c a s e . I t w ill n o t
o c c u r o n e t i m e i n a m il l io n . I t i s t h e f i r s t c a s e o f i t s k i n d in
a h u n d r e d y e a r s in th e h is to r y o f th e c o u n try . F o i m y p a i t I
a m g o in g t o t a k e t h e v i e w t h a t t h e l e g i s l a t u r e o f t h e S t a t e o f
M a r y l a n d to o k . T h e y k n e w t h a t S e n a t o r W h y t e w a s d e a d tw o
T u e s d a y s . T h a t c o n s titu te d th e seco n d T u e s d a y , a n d th e y
e le c te d h is s u c c e s s o r o n t h a t T u e s d a y .
T h is la w h a d j u s t o n e o b je c t, a n d t h a t w a s t o g e t e le c tio n s o f
U n ite d S ta te s S e n a to r s a n d p r e v e n t f ilib u s te rin g , a n d i t h a s
a c c o m p l i s h e d in t h i s c a s e j u s t e x a c t l y w h a t t h e l a w w a s o r i g i ­
n a te d a n d d e s ig n e d to a c c o m p lis h . A n d f o r m y p a r t I d o n o t
p ro p o s e to s it h e r e a n d q u ib b le o n a te c h n ic a lity , w h e th e r it is
th e f irs t T u e s d a y o r th e se c o n d T u e s d a y , a n d d e f e a t th e a c ­
c o m p lis h m e n t o f a th in g s o u g h t to b e a c c o m p lis h e d b y t h a t
s ta tu te .
S o I a m w i l l i n g i n m y v o t e t o f o l lo w t h e o p i n io n o f
th e le g is la tu r e o f M a ry la n d in th is m a t t e r a n d s a y t h a t th e y
d i d k n o w o f S e n a t o r W h y t e ’s d e a t h t w o T u e s d a y s .
M r R A Y N E R . M r . P r e s i d e n t , b e f o r e I s u b m i t m y m o ti o n I
w is h to sa y a fe w w o rd s. I th in k w e h a d b e tte r u n d e r s ta n d e x ­
a c tly th e q u e s tio n b e fo re t h e S e n a te . T h e q u e s tio n b e fo re th e
S e n a te is n o t th e q u e s tio n w h ic h th e S e n a to r fro m P e n n s y l­
v a n ia [M r. K n o x ] s u b m itte d a t a ll. T h e q u e s tio n b e fo re th e
S e n a te is w h e th e r th e S e n a to r - e le c t fro m M a r y la n d s h a ll b e
s w o r n in .
T h a t i s t h e o n ly Q u e s tio n b e f o r e t h e S e n a t e .
It
d o e s n o t p re c lu d e th e S e n a te o r a n y m e m b e r o f th e S e n a te
o r a n y m e m b e r o f th e c o m m itte e w ith r e fe re n c e to a n y s u b ­
s e q u e n t p r o c e e d in g t h a t m a y t a k e p l a c e o r i n r e g a r d t o
a n y r e p o r t t h a t m a y c o m e f r o m t h e C o m m i t te e o n P r i v i l e g e s
a n d E le c t i o n s . T h e S e n a t o r f r o m P e n n s y l v a n i a w a n t s t o p u t
t h i s q u e s t i o n i n a w a y in w h i c h i t n e v e r y e t h a s b e e n p u t
b e f o r e t h e S e n a t e t h a t I k n o w o f. I f t h e r e i s a n y s u c h c a s e , I
s h a ll b e g la d to h a v e i t p re s e n te d . T h e S e n a to r fro m P e n n s y l­
v a n i a s a y s t o t a k e u p t h e c a s e a n d d e c i d e i t n o w f in a lly , n o t s e n d
i t t o t h e c o m m i tt e e a t a ll , n o t l e t t h e c o m m i tt e e a c t u p o n i t o r
h e a r a n y f u r t h e r a r g u m e n t s u p o n i t, b u t j u s t u p o n t h e p r e s e n t a ­
t i o n o f a m o ti o n t o s w e a r i n a S e n a t o r t h a t t h e S e n a t e s h a l l
c o n s i d e r t h e w h o l e q u e s t io n , a b a n d o n t h e m o tio n , a n d c o n s i d e r
s o m e th i n g t h a t i s n o t b e f o r e t h e S e n a t e . I o b j e c t t o t h a t p l a n ,
M r. P r e s i d e n t .




March 26,

T h e m o tio n h e r e is t h a t t h e S e n a to r s h a ll b e s w o rn . A s I
sa y , t h a t d o e s n o t p re c lu d e a n y f u r t h e r in q u ir y in to th e c a s e .
T h e S e n a to r fro m P e n n s y lv a n ia s a y s w e h a v e h a d f u ll in q u iry .
I t d o e s n o t f o l lo w t h a t w e h a v e h a d a f u l l i n q u i r y . T h e S e n ­
a to r - e le c t is e n title d to b e r e p re s e n te d if h e w a n ts to b e fo re th e
C o m m i t te e o n P r i v i l e g e s a n d E l e c t i o n s . T h e i d e a o f t h e S e n a t e
d e te r m in in g t h a t t h is s e a t is v a c a n t w ith o u t g iv in g th e c la im ­
a n t e v e n a r i g h t t o a p p e a r b e f o r e t h e c o m m i tt e e , t o b e r e p r e ­
s e n t e d i n p e r s o n o r b y c o u n s e l, i s t y r a n n i c a l . T h e r e f o r e I d o
n o t a c c e d e t o t h a t v ie w a t a l l . T h e S e n a t o r f r o m P e n n s y l v a n i a
s a y s t h a t w e o u g h t to d e te r m in e i t h e r e a n d n o w u p o n th e a r g u ­
m e n t s m a d e , t w o o r t h r e e a r g u m e n t s u p o n e a c h s id e , a n d e v i­
d e n tly m a d e — a lth o u g h I c o n fe s s I h a v e s a id a b o u t a ll I c a n
s a y u p o n th e s u b je c t— w ith o u t a n y e x te n d e d in v e s tig a tio n by
t h o s e w h o h a v e p a r t i c i p a t e d i n t h e d i s c u s s i o n , a n d b y tw o th ir d s o f th e S e n a to rs — o r f o u r-fifth s o f th e m , p e r h a p s — w ith
n o e x a m in a tio n a t a ll.
I f th e S e n a te r e je c ts th e s e c r e d e n tia ls it w ill b e th e f irs t c a s e
in t h e h i s t o r y o f t h e S e n a t e w h e r e t h e S e n a t e h a s r e f u s e d t o
p e r m it a S e n a to r to b e s w o rn in u p o n th e fa c e o f h is c re d e n ­
tia ls w h e re th e c re d e n tia ls w e re r e g u la r. I f th e r e is a n y o th e r
c a s e I s h o u l d l i k e t o h e a r o f i t.
T h e r e is n o t a n o th e r c a s e .
A ll th e s e c ita tio n s o f c a s e s , w h e r e th e r e w a s n o d is p u te , a m o u n t
to n o th in g . Y o u m ig h t a s w e ll in t r y in g a c a s e in c o u r t c ite a s
a u th o r itie s a lo t o f c a s e s t h a t h a v e n e v e r b e en trie d . N o o n e
o f t h e c a s e s w h i c h t h e S e n a t o r f r o m M i c h ig a n c i t e d w a s e v e r
b r o u g h t b e f o re th e S e n a te . T h e r e is n o t a c o n te s te d c a s e w h ic h
h e h a s c it e d .
I h a v e g iv e n tw o c a s e s h e r e in w h ic h th e S e n a te h a s d e c id e d
t h a t w h e r e th e p ro c e e d in g s w e re i n itia te d o n th e t h i r d T u e s d a y ,
w h ic h is n o t in e n tir e a c c o rd w ith w h a t th e S e n a to r fro m
N e b r a s k a [ M r . B u r k e t t ] s a i d , a lth o u g h I a m v e r y g l a d h e h a s
r e a d i e d t h e r e s u l t h e h a s in h i s o w n m in d , b e c a u s e I d o n o t
c a r e w h a t h i s l i n e o f r e a s o n i n g is i f h e is g o i n g t o v o t e f o r t h e
S e n a to r-e le c t f r o m M a r y la n d — b u t in b o th th o s e c a s e s th e S e n ­
a t e h e l d t h a t t h e s t a t u t e w a s d i r e c t o r y ; t h a t w a s i n M i l l e r ’s
c a s e a n d i n t h e F l o r i d a c a s e . I n t h e c a s e o f H a r t a n d M i l le r
th e p ro c e e d in g s w e r e n o t c o m m e n c e d — th e S e n a to r fro m M ic h i­
g a n o v e r lo o k e d t h a t p a r t o f t h e s t a t e m e n t — o n t h e s e c o n d T u e s ­
d a y , b u t o n t h e t h i r d T u e s d a y , a n d t h e S e n a t e h o ld i t m a d e n o
d iffe re n c e w h e th e r th e y w e r e c o m m e n c e d o n th e s e c o n d o r th e
t h i r d T u e s d a y ; t h a t t h e s t a t u t e w a s o n ly d i r e c t o r y .
I do n o t go a s f a r a s th a t.
I t is n o t n e c e s s a ry . I s a y th e
s e c o n d T u e s d a y m u s t e la p s e a f t e r o r g a n iz a tio n . I a m p e r fe c tly
w illin g to a d m it t h a t t h a t p a r t is m a n d a to r y ; t h a t i t m u s t be
th e se c o n d T u e s d a y a f te r th e o rg a n iz a tio n o f th e le g is la tu r e ; b u t
I w ill n e v e r a d m it t h a t th e s e c o n d T u e s d a y c la u s e c o m e s in to
t h i s p r o v i s i o n w i t h r e s p e c t t o n o t ic e , a n d b e f o r e y o u r e f u s e t h e
S e n a to r fro m M a ry la n d h is r ig h ts y o u h a v e to in te r p o la te th o s e
w o r d s i n t o t h e p r o v i s i o n a s t o n o t ic e , t h a t t w o T u e s d a y s m u s t
e l a p s e a f t e r n o t ic e , w h e n t h e r e a r e n o s u c h w o r d s in t h e
s ta tu te .
I t i s a l l r i g h t t o t a l k a b o u t t h e r e p o r t s o f c o m m i tt e e s . W e
a l l k n o w t h a t t h e c o u r t s , in a n u n b r o k e n l i n e o f c a s e s , h a v e d e ­
c li n e d i n t h e c o n s t r u c t i o n o f s t a t u t e s t o b e e n t i r e l y governed
b y a n t e c e d e n t m a t t e r s c o n n e c te d w i t h t h e l e g i s l a t i o n . T h e y
h a v e ta k e n th e v ie w o f c o u rs e t h a t th e s t a tu t e m e rg e d th e p ro ­
c e e d in g . Y o u m a y f in d t h e r e p o r t o f t h e c o m m i t t e e o n e w a y a n d
y o u m a y fin d t h e l a w a n o t h e r w a y . T h e l a w m e r g e s t h e p r o ­
c e e d in g s , a n d t h e a n t e c e d e n t p r o c e e d in g s d o n o t a l w a y s e n l i g h t e n
u s in th e c o n s tru c tio n o f th e la w . W e a r e n o t to d e c id e th is
c a s e u p o n a n y p r o c e e d in g s t h a t t o o k p l a c e b e f o r e t h e p a s s a g e o f
th e la w .
T h e f ilin g o f t h e b ill, t h e d i s c u s s i o n in t h e c o m m i t t e e r o o m ,
th e r e p o r ts o f th e c o m m itte e a r e a ll g o n e w h e n th e la w
is p a s s e d , a n d t h e q u e s t i o n i s n o t h o w w i l l y o u c o n s t r u e
t h o s e p r o c e e d in g s , b u t h o w w i l l y o u c o n s t r u e t h e la w , a n d h e r e
i s t h e l a w p r o v i d i n g f o r n o t ic e , w i t h o u t s a y i n g o n e w o r d to
t h e e f f e c t t h a t t w o T u e s d a y s m u s t e l a p s e a f t e r t h e n o t i c e is
g iv e n .
M r. B U R K E T T . W i l l t h e S e n a t o r f r o m M a r y l a n d p e r m i t m e
a q u e s tio n ?
H e s a y s t h a t i n t h i s c a s e t h e s e c o n d T u e sd a y
d o e s n o t h a v e a n y r e f e r e n c e t o t h e t i m e o f t h e d e a t h , b u t o n ly
r e f e r s t o t h e s e c o n d T u e s d a y a f t e r t h e o r g a n i z a t i o n . S u p p osin g
in t h i s c a s e o n e h o u s e o f t h e l e g i s l a t u r e o f M a r y l a n d h a d b e e n
o n e w a y a n d th e o th e r h o u s e h a d b een th e o th e r w a y w ith
r e f e r e n c e t o t h e e le c t i o n o f a S e n a t o r , a n d t h e y h a d n o t c o m e
t o g e t h e r , t h a t o n e w a n t e d t o s e t o n e d a y f o r t h e e le c t i o n o f a
S e n a to r a n d th e o th e r a n o th e r . S u p p o s e o n e o f th e h o u se s h a d
d e te rm in e d t o s it th e n e x t d a y , a n d th e o th e r h o u se h a d a g re e d
t o s i t t w o o r t h r e e d a y s l a t e r o n f o r t h e e le c t i o n o f a Senator.
W h a t w o u ld h a v e b e e n th e r e s u lt if t h is s t a t u t e is n o t to p ro v id e
th e tim e w h e n th e y m u s t g e t to g e th e r a n d v o te ?
M r . R A Y N E R . I f t h e l e g i s l a t u r e p r o p o s e s n o t t o e le c t a
S e n a t o r , i t m u s t take t h e r e s p o n s i b i l i t y . I f t h e l e g i s l a t u r e does

908.

COXGRESSIOXAL RECORD— SENATE.

n o t e le c t, i t m u s t t a k e t h e r e s u l t M y c o n s t r u c t i o n i s t h a t t h e
s e c o n d T u e s d a y m u s t e la p s e a f t e r o r g a n i z a t i o n . I t i s im p o s ­
s ib le f o r m e to c h a n g e m y m in d a b o u t t h a t . B u t i t h a s n o t h i n g
w h a t e v e r to d o w i t h n o t ic e . T h e y c a n p r o c e e d t h e d a y a f t e r
t h e y g e t t h e n o tic e .
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M a ry la n d .
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s e m b ly m a y c o n ti n u e i t s s e s s io n s s o lo n g a s , in i t s j u d g m e n t , t h e
p u p i ie i n t e r e s t m a y r e q u i r e , f o r a p e r io d n o t m o r e t h a n n i n e t y
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t h e U n i t e d S t a t e s S e n a te . I t w o u ld b e im p o s s ib le f o r u s t o d o
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a n d I t h i n k t h e S e n a t o r w i l l fin d t h a t t h e e n t i r e g r a v i t y a n d
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p u b l ic a n p a r t y a n d f r o m i n d e p e n d e n t s o u r c e s a l l t h r o u g h
M r. R A Y N E R . I h a v e so m e , b u t I w a n t a f e w m o r e . I f e e l
t li e S t a te , a g a i n t a n e x t r a s e s s io n . I t w o u ld i n c u r a u s e l e s s e x ­
t h e o v e r w h e l m in g w o r k t h a t i s o n m e a s a S e n a t o r f r o m M a r y ­
p e n s e o f $ 3 0 ,0 0 0 to $40,000, a n d t h e y w o u ld b e k e p t in s e s s io n
l a n d , a n d t h e S t a t e i s e n t i t l e d to tw o S e n a to r s . I t h i n k e v e r y
f if te e n d a y s a b s o l u te l y d o in g n o t h in g , t o s e t t l e a t e c h n i c a l i t y , i f
S t a t e i s e n t i t l e d t o tw o S e n a to r s . I w o u ld l e a v e h i s P la ii b e ­
y o u c a n d ig n ify it b y t h a t n a m e .
f o r e I v o te d t o r e j e c t a m a n o n p r o p e r c r e d e n t i a l s f r o m a S t a t e
T h e r e is n o c o n te s ta n t h e r e ; th e r e is n o p ro te s t. Y ou e s ta b ­
I w o u ld s a y “ t h e S t a t e e le c te d y o u , a n d n o w b e s w o r n • a n d l e t
l i s h n o p r e c e d e n t b y l e t t i n g t h e S e n a to r - e le c t b e s w o r n in . T h e r e
t h e c o m m i tt e e g o i n to a n i n q u i r y a b o u t i t, i f a n i n q u i r y i s d e ­
i s n o t a s in g le p r e c e d e n t , a s I p o i n te d o u t t o t h e S e n a t o r f r o m
m a n d e d .”
M ic h ig a n , t h a t is e s t a b l i s h e d . I f t h e S e n a to r - e le c t f r o m M a r y ­
T h e p o i n t t h e S e n a t o r f r o m M ic h ig a n m a k e s i s a m e r e te c lin il a n d is n o w s w o r n in , y o u r c o m m i tt e e c a n t a k e u p t h i s q u e s tio n ,
c a l i t y . I t is, in o t h e r w o r d s , t h a t w e m u s t m a k e t h e i n q u i r y
a n d i f y o u w a n t to d e c l a r e t h e s e a t v a c a n t y o u c a n t a k e i t u p
b e f o r e t h e S e n a to r - e le c t i s s w o r n , a n d n o t a f t e r h e i s s w o r n .
a n d h a v e a f u l l d is c u s s io n i n t h e c o m m itte e ,‘ a n d l e t u s h a v e a
h j n o t l e t t h i s p r o p o s i t io n g o to t h e C o m m itte e o n P r i v i l e g e s
f u l l d i s c u s s i o n in t h e S e n a te .
a n d E le c tio n s , a n d w h e n t h e S e n a t o r w h o i s s w o r n a p p e a r s
I n n o n e o f t h e c a s e s t h e S e n a t o r f r o m M ic h ig a n h a s c it e d h a s
b e f o r e t h e c o m m i tt e e h a v e t h e q u e s t io n t h e r e d e c id e d i f n e c e s ­
t h e e v e n t h a p p e n e d in t h e m a n n e r t h a t t h i s e v e n t d id , b e c a u s e s a r y ?
h e r e t h e S e n a t o r h a p p e n e d to d ie o n a T u e s d a y w h ic h d o e s n o t
I w i s h t o s a y in c o n c lu s io n t h a t t h e S e n a t o r f r o m P e n n s y l ­
P e r m it tw o T u e s d a y s to i n t e r v e n e b e f o r e t h e a d j o u r n m e n t o f a
v a n i a a n d t h e S e n a t o r f r o m M ic h ig a n a n d t h e S e n a t o r f r o m
le g is la tu re .
M a s s a c h u s e t t s h a v e n o t c it e d a c a s e to c o n tr a v e n e t h e u n ­
I n n o t a s in g le c a s e t h a t i s c i t e d h a s t h a t b e e n t h e c a s e .
b r o k e n l in e o f c a s e s w h e r e i f t h e c r e d e n t i a l s o f a S e n a t o r a r e
T h e w h o le q u e s t io n h e r e i s w h e t h e r t h i s s h a l l b e d o n e in v ie w
p r o p e r h e i s s w o r n . T h a t i s a ll t h a t I a s k .
o f th e f a c t t h a t th e r e n e v e r lia s b een a S e n a to r re je c te d h e re
M y m o tio n b e f o r e t h e S e n a t e i s n o t h i n g f u r t h e r t h a n t h a t .
w h o s e c r e d e n t i a l s w e r e a ll r i g h t . T h e S e n a t o r f r o m C o lo r a d o
I m o v e t h a t t h e c r e d e n t i a l s o f J o h n W a l t e r S m ith , S e n a to r - e le c t
k n o w s a s m u c h a b o u t t h e s e m a t t e r s a s a n y m a n in t h i s b o d y ,
fro m th e S ta te o f M a ry la n d , be ta k e n fro m th e ta b le a n d t h a t
a n d h e a g r e e s w ith m e. F u r th e r m o r e , h e h a s s ta te d t h a t th e
h e b e s w o r n . T h e n , a f t e r h e i s s w o r n , t h e S e n a t o r f r o m M ic h i­
o n ly c a s e t h a t h a s b e e n c i t e d — t h e c a s e f r o m P e n n s y l v a n i a —
g a n c a n m a k e a m o tio n t h a t l ii s c r e d e n t i a l s b e r e f e r r e d , a s i n
w a s o n e w h e re th e ir r e g u la r ity u p o n th e c re d e n tia ls o f S e n a to r
a ll t h o s e c a s e s i t w a s d o n e , t o t h e C o m m itte e o n P r i v i l e g e s a n d
Q u a y a p p e a re d u p o n th e fa c e o f th e c re d e n tia ls .
E le c tio n s , i f h e so d e s i r e s . A n y o t h e r p r o c e e d in g , M r. P r e s i ­
M r. P r e s i d e n t , w e h a d b e t t e r b e a l i t t l e c a r e f u l a b o u t t h i s
d e n t, w o u ld b e t h e g r a v e s t i n j u s t i c e , g r a t u i t o u s l y in f li c te d u p o n
S h a tte r. I t is n o t a p a r t y q u e s t io n .
I t i s n o t a q u e s t io n o f
a s o v e r e ig n S t a t e t h a t h a s t h e r i g h t o f i t s c o n s t i t u t i o n a l r e p r e ­
s u p p o r t i n g t h e d i g n i t y o f t h e c o m m itte e , b e c a u s e y o u r c o m m its e n t a t i o n in t h e S e n a te .
f e e lia s m a d e n o r e p o r t . I t is n o t a q u e s t io n o f s u s t a i n i n g t h e
M r. B U R R O W S . M r . P r e s i d e n t , I t h i n k I appreciate f u lly ,
O p in io n o f t h e h o n o r e d c h a i r m a n o f t h a t c o m m itte e , b e c a u s e
a s t h e S e n a te d o e s , t h e i m p o r t a n c e o f t h e q u e s t io n .
h e h a s n e v e r h a d t h e c a s e in h a n d t o m a k e a n o ffic ia l r e p o r t
T h e V I C E - P R E S I D E N T . W ill t h e S e n a t o r f r o m M ic h ig a n
to tlie S e n a te . H e s i m p ly l i a s g iv e n h i s v i e w s u p o n t h e c o n ­
a l l o w t h e m o tio n t o b e s t a t e d ?
s tru c tio n o f a s ta tu te a n d , a d m ittin g n o w t h a t h is c o n s tru c tio n
M r. B U R R O W S . C e r ta i n ly .
i C fd it, t h e r e is n o r e a s o n o n t h i s e a r t h w h y e v e r y p r e c e d e n t
T h e V I C E - P R E S I D E N T . T h e S e n a t o r from M a r y l a n d m o v e s
s h o u ld b e d i s r e g a r d e d a n d t h e S e n a to r - e le c t f r o m M a r y l a n d that the credentials of John Walter Smith, Senator-elect from
s h o u ld b e t li e f i r s t S e n a t o r r e j e c t e d u p o n t h e f a c e o f p e r f e c tl y t h e S t a t e o f M a r y la n d , b e t a k e n f r o m t h e ta b le , a n d t h a t h e b e
P r o p e r c r e d e n t i a l s in a c c o r d a n c e w i t h t h e s t a t u t e s o f t h e U n i t e d sworn.
S ta te s .
M r. B U R R O W S . M r . P r e s i d e n t , I w a s s a y i n g t h a t I a p p r e ­
. 1 d o n o t t h i n k t h a t s o m e m e m b e r s o f t h e S e n a t e f u l l y a p p r e - c i a t e t h e i m p o r t a n c e o f t h i s q u e s tio n a n d t h e v e r y g r a v e im ­
c in to t h e s i t u a t i o n . Y o u h a v e n e v e r y e t r e je c t e d a S e n a to r p o r t a n c e o f m a k i n g a m i s t a k e in t h e m a t t e r . I f e e l a s t h o u g h
w h e r e h i s c r e d e n t i a l s w e r e in p r o p e r f o r m . Y o u h a v e n e v e r t h e m a t t e r o u g h t to b e c o n s id e r e d b y a c o m m i tt e e b e f o r e a c t i o n
J’o t c o l l a t e r a l l y im p e a c h e d t h e c e r t if i c a t e o f a S e n a t o r b y p r o ­ i s t a k e n . I t h e r e f o r e o f f e r a s u b s t i t u t e r e s o l u ti o n f o r t h e m o ­
c e e d in g s d e h o r s t h e c e r t if i c a t e . I t h a s n e v e r b e e n d o n e .
t io n o f t h e S e n a t o r f r o m M a r y l a n d .
A ll I a s k f o r h e r e is t h e e x e r c is e o f a p r i in a f a c i e r i g h t . I a m
T h e V I C E - P R E S I D E N T . T h e S e n a to r f r o m M ic h ig a n o f f e r s
h o t a s k i n g t h e S e n a te to d e t e r m i n e t h i s q u e s t io n . A m a n m a y a r e s o l u ti o n w h ic h w ill b e r e a d .
* o te to - d a y t o lo t t h e S e n a to r - e le c t b e s w o r n a n d v o te to - m o r r o w
T h e S e c re ta ry re a d a s fo llo w s :
to h a v e h ig s e a t v a c a te d , a n d t h e r e i s n o c o n f lic t b e tw e e n h i s
R e s o l v e d , T h at the credentials o f John W alter Sm ith, claimin'* a
v o te s . T h e S e n a t o r f r o m I n d i a n a [ M r . B everidge], w h o w ill seat In the Senate from the State o f M aryland, be taken from th e
V ote to s e a t h im , m a y , w h e n t h e r e p o r t c o m e s i n f r o m t h e C o m ­ files of the Senate and referred to the Committee on Privileges and
m i t t e e o n P r i v i le g e s a n d E le c tio n s , v o te to u n s e a t h im , a n d Elections.
M r. B U R R O W S .
I w ill s a y In t h i s c o n n e c tio n t h a t i f t h e
fie is n o t b o u n d b y a n y t h i n g h e l i a s s a id . l i e w i l l t h e n b e a b le
to ex a m in e in to t h e m erits. B u t n o w t h e w h o le q u e s t io n i s a s to r e s o l u ti o n p r e v a i l s I w ill c a l l a m e e t in g o f t h e C o m m itte e o n
t h e prim a f a c i e r i g h t o f t h e S e n a to r - e le c t to b e s w o r n .
P r i v i le g e s a n d E le c t i o n s a t o n c e , to - m o r r o w , t o consider t li e
T h e S e n a t o r f r o m M ic h ig a n i s m is ta k e n . H e h a s n o p r e c ­ m a t t e r , a n d I p r o m is e t li e S e n a t e a n e a r l y r e p o r t .
e d e n t s . T h e r e is n o p r e c e d e n t .
G iv e m e a s in g le p r e c e d e n t
M r. R A Y N E R . A s f a r a s I a m c o n c e r n e d t h a t w ill n o t s u i t
w h e r e a S e n a t o r a p p e a r e d a t t h e b a r o f t h e S e n a te w i t h p r o p e r
m e , a n d i t w ill n o t s u i t m y S t a te , a n d i t w ill n o t s u i t a n y b o d y
c r e d e n t i a l s a n d w a s r e je c t e d . I f y o u d o I w ill a s k t h e S e n a to r S u p p o s e w e g o i n to t h i s q u e s tio n to - m o r r o w , a n d h a v e a" m e e t ­
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CONGRESSIONAL RECORD— SENATE.

in g o f t h e C o m m itte e o n P r iv ile g e s a n d E le c tio n s c a lle d , th e
S e n a to r - e le c t c e r ta in ly m u s t b e g iv e n tim e t o p r e p a r e h is c a se .
W h y is th e r e th is tre m e n d o u s u rg e n c y in th e c a s e ? W h y is th e
S e n a t o r f r o m M i c h ig a n , w i t h o u t a p r o t e s t o r a c o n t e s t a n t , p r o ­
p o s in g to d o in t h is c a s e w h a t h a s n e v e r b e e n d o n e b e fo re ?
Y o u w a n t u s to e n te r in to a d is c u s s io n o f th is v e ry im p o r ta n t
m a t t e r b e f o r e t h e C o m m i t te e o n P r i v i l e g e s a n d E l e c t i o n s b e f o r e
th e c a s e is r e a d y fo r p r e s e n ta tio n ? I t m ig h t n e v e r b e re p o rte d ,
a n d th e n i t m ig h t b e re p o rte d a f t e r th e le g is la tu r e o f M a ry la n d
h a s a d jo u r n e d a n d th u s co m p el th e g o v e rn o r to c a ll a n e x tr a
s e s s io n .
M r. B U R R O W S .
I t d o e s n o t m a k e a n y d iffe re n c e w h e th e r
i t is d e te r m in e d b y t h e c o m m itte e v o te s o n S a tu r d a y o r n e x t
M o n d a y , so f a r a s th e le g is la tu r e is c o n c e rn e d . T h e g o v e rn o r
o f y o u r S t a t e c a n c a l l a n e x t r a s e s s io n o f t h e l e g i s l a t u r e f o r
n e x t M o n d ay , b e fo re th e m e m b e rs o f th e le g is la tu r e le a v e th e
c a p ita l o f th e S ta te , a n d th e y c a n e le c t a S e n a to r a w e e k fro m
n e x t T u e s d a y . B u t I d o n o t c a r e to d is c u s s th e m a tte r f u r th e r .
M r. R A Y N E R . M r. P r e s id e n t, I p ro p o se to s a y a w o rd .
M r . B E V E R I D G E . M r . P r e s i d e n t ------T h e V IC E -P R E S ID E N T .
D o es th e S e n a to r fro m M a ry la n d
y ie ld to t h e S e n a to r f r o m I n d ia n a ?
M r. R A Y N E R . C e rta in ly .
M r. B E V E R I D G E . I w i s h e d m e r e l y t o s a y i f t h e C o m m i t te e
yon P r iv ile g e s a n d E le c tio n s w e re w illin g to a c t u p o n t h e c a s e
/ th is a f te r n o o n o r to - n ig h t o r to -m o rro w o r a t a n y o th e r tim e
a t th is p a r ti c u l a r ju n c tu r e , th e S e n a to r-e le c t h a s a r ig h t u p o n
h is c r e d e n tia ls , t h e r e g u la r ity o f w h ic h n o m a n q u e s tio n s , to b e
s w o r n in . T h e n e x t h o u r w e m i g h t t a k e u p t h i s q u e s t i o n a n d
t r y i t in th e r e g u la r w a y a n d e x c lu d e th e S e n a to r-e le c t. B u t
u p o n th e o n ly q u e s tio n n o w p e n d in g b e fo re t h e S e n a te , th e
r i g h t o f th e S e n a to r-e le c t to b e s w o rn u p o n r e g u la r c r e d e n tia ls ,
h e h a s t h a t r ig h t, n o m a t t e r if w e w e re to v o te to e x c lu d e h im
in a n h o u r.
M r . B U R R O W S . I w a n t t o s a y in r e p l y to t h e S e n a t o r f r o m
I n d ia n a t h a t I h a v e n o t y e t f o r g o tte n th e c o n te n tio n o f th e
S e n a t e t h a t w h e n a m e m b e r i s o n c e s w o r n in i t w i l l t a k e a
tw o - th ir d s v o te to d is p o s s e s s h im .
M r . R A Y N E R . T h e S e n a t o r f r o m M i c h ig a n i s m i s t a k e n
a b o u t t h a t . T h e r e w ill n o t b e a n e x p u ls io n . I f y o u d e c id e
a g a in s t th e S e n a to r-e le c t fro m M a ry la n d , th e s e a t is v a c a n t a b
in itio , a n d t h e q u e s tio n o f e x p u ls io n d o e s n o t e n te r in to i t
a t a ll.
M r. B U R R O W S . I s u p p o s e th e S e n a to r f ro m M a ry la n d c a n
n o t s p e a k f o r th e S e n a te .
M r. R A Y N E R . I c a n s p e a k f o r t h e S e n a t e .
M r. B U R R O W S . I h a v e o ffe re d m y r e s o lu tio n a s a s u b s ti­
tu te , a n d I a s k f o r a v o te o n it.
M r. R A Y N E R . M r. P r e s id e n t, j u s t a m o m e n t. I w a n t to
s t a te t h e p ro p o s itio n . T h e r e is n o o c c a s io n f o r e x p u ls io n . I f
t h e S e n a t o r f r o m M a r y l a n d w a s n o t e le c t e d , h i s s e a t i s v a c a n t .
I t is n o t a q u e s tio n o f d o in g a n y a c t. T h e c a s e fro m U ta h p r e ­
s e n ts n o p a r a lle l. T h e g o v e rn o r o f o u r S ta te h a s b e e n a d v is e d
b y th e a tto rn e y -g e n e ra l o f th e S ta te , o n e o f th e b e s t-re a d la w ­
y e r s in th e S ta te , a n d h e h a s b e e n a d v is e d b y a lm o s t e v e ry
l e a d i n g l a w y e r in o u r S t a t e — a n d w e h a v e a s g o o d a b a r a l m o s t
a s t h e r e i s in t h e c o u n t r y ; t h e y a r e t h e p e e r s o f a n y o t h e r b a r
i n a n y o t h e r S t a t e — a n d t h e u n i f o r m o p i n io n i s t h a t t h e a c t i o n
o f th e le g is la tu r e w a s r e g u la r a n d t h a t th e g o v e rn o r is r ig h t
a b o u t i t a n d o u g h t n o t to b e c a lle d u p o n to c a ll a n e x tr a s e s ­
s io n . T h e s e m e n h a v e e x a m in e d it, a n d h e h a s a c te d u n d e r
t h e i r a d v ic e . E v e r y l e a d e r o f t h e M a r y l a n d b a r , w i t h o u t h a v ­
i n g a n y i n t e r e s t in i t a t a l l , h a s a d v i s e d h i m t o p r o c e e d i n t h e
w a y h e h a s , a n d a c tin g o n t h e i r a d v ic e h e h a s p ro c e e d e d . T h e
q u e s tio n is w h e th e r th e S e n a to r - e le c t w ill b e r e je c te d .
M r. B U R R O W S . O n t h e r e s o lu tio n I h a v e o ffe re d a s a s u b ­
s titu te I d e m a n d th e y e a s a n d n a y s.
T h e y e a s a n d n a y s w e re o rd e re d .
M r. C U L B E R S O N . L e t m e u n d e r s t a n d t h e p ro p o s itio n . T h e
S e n a to r fro m M a r y la n d o ffe rs a m o tio n t h a t t h e S e n a to r-e le c t
b e s w o r n . T h e S e n a t o r f r o m M i c h ig a n p r o p o s e s a s a s u b s t i ­
t u t e to s e n d t h e c r e d e n t i a l s t o t h e c o m m i t t e e a n d t o v o t e d o w n
th e p ro p o s itio n t h a t th e S e n a to r - e le c t b e s w o rn n o w .
T h e V IC E -P R E S ID E N T . T h a t is th e e ffe c t o f it. T h e
re s o lu tio n to c o m m it ta k e s p re c e d e n c e . T h e S e c r e ta r y w ill
c a l l t h e r o l l.
T h e S e c r e t a r y p r o c e e d e d t o c a l l t h e r o l l.
M r. D IL L IN G H A M ( w h e n h is n a m e w a s c a l l e d ) .
I a g a in
a n n o u n c e th e illn e s s o f th e S e n a to r fro m S o u th C a r o lin a [M r.
T iu l m a n ], w h ic h r e n d e r s h is a b s e n c e n e c e s s a ry , a n d o f m y
g e n e r a l p a i r w i t h h im . I t r a n s f e r m y p a i r t o t h e S e n a t o r f r o m
[ M r . N ixon ] a n d v o te . I v o te “ y e a . ”
M r. G A M B L E ( w h e n h i s n a m e was c a l l e d ) . I h a v e a g e n e r a l
pair w i t h t h e s e n i o r S e n a t o r f r o m N e v a d a [ M r . N ewlands ],
a m i n o t k n o w i n g h o w h e w o u l d v o te i f p r e s e n t , I w i l l w i t h h o l d
m y v o te fo r th e p r e s e n t.




March 26,

M r. W A R R E N (w h e n h i s n a m e w a s c a l l e d ) . I h a v e a g e n ­
e r a l p a i r w i t h the S e n a t o r f r o m M i s s i s s i p p i [Mr. Monet ], w h o
is d e ta in e d fro m th e C h a m b e r b y illn e s s . I th e r e f o r e w ith ­
h o ld m y v o te .
T h e r o ll c a ll w a s c o n c lu d e d .
M r . C L A Y . M y c o l l e a g u e [ M r . B acon ] i s a b s e n t . H e is
p a i r e d w i t h t h e s e n i o r S e n a t o r f r o m M o n t a n a [ M r . Carter],
W e r e m y c o ll e a g u e p r e s e n t h e w o u l d v o t e “ n a y . ”
M r . K E A N . M y c o l l e a g u e [ M r . B riggs] is n e c e s s a r i l y a b ­
se n t. I u n d e r s ta n d h e is p a ir e d w ith th e S e n a to r fro m M a ry ­
l a n d [ M r . R ayner ].
M r . R A Y N E R ( a f t e r h a v i n g v o t e d in t h e n e g a t i v e ) . I t h o u g h t
t h e p a i r w a s o n t h e c u r r e n c y b ill, b u t i f t h e S e n a t o r f r o m N e w
J e r s e y s a y s i t i s o n a l l l e g i s l a t i o n , I w i l l w i t h d r a w m y v o te .
I s t a t e d d i s t i n c t l y t h e c u r r e n c y b i ll , b u t i f i t i s t h e i m p r e s s i o n ------M r. K E A N . I w o u ld b e v e r y g la d i f th e S e n a to r s h o u ld a r ­
r a n g e a p a i r s o t h a t h e c a n v o te .
M r. R A Y N E R . I w ill le t m y p a ir w ith th e S e n a to r fro m
N ew J e r s e y s ta n d , i f t h a t is th e u n d e r s ta n d in g , a n d w ith d r a w
m y v o te .
M r. C U L B E R S O N . I w ill s t a te , g e n e ra lly , t h a t S e n a to r s o n
th is s id e o f th e C h a m b e r h a v e g e n e ra l p a irs , in so m e c a s e s w ith
S e n a t o r s o n t h e o t h e r s id e , a n d I a m i n c l i n e d t o t h i n k t h a t s o m e
o f t h o s e S e n a t o r s h a v e v o te d . I d o n o t i n v i t e a t t e n t i o n t o i t e x ­
c e p t g e n e ra lly , b u t I d o it in a g e n e ra l w a y .
M r. R A Y N E R . I w a n t to s ta te t h a t th e a r r a n g e m e n t fo r a
pair w i t h t h e S e n a t o r f r o m N e w J e r s e y [ M r . B riggs] was m a d e
b e f o r e t h i s q u e s t i o n c a m e u p , a n d I c a n n o t s e e h o w i t c o u ld
p o s s ib l y a p p l y t o a q u e s t i o n t h a t o c a m e u p t o - d a y , u n e x p e c t e d l y .
M r. K E A N . I a m f u l l y a w a r e o f t h a t f a c t ; a n d I d o n o t k n o w
h o w m y c o ll e a g u e [ M r . B riggs] w o u l d v o te . I s h o u l d b e g l a d i f
th e S e n a to r fro m M a r y la n d c o u ld a r r a n g e f o r a t r a n s f e r o f th e
p a i r s o t h a t h e c o u ld v o te .
M r. T E L L E R . M r. P r e s id e n t, I c a ll fo r th e r e g u la r o rd e r.
A ll t h i s d e b a t e i s o u t o f o r d e r .
T h e V IC E -P R E S ID E N T .
T h e r e g u la r o r d e r is d e m a n d e d .
T h e C h a ir w o u ld a s k i f t h e S e n a to r fro m M a r y la n d w ith d r e w
h is v o te ?
M r. R A Y N E R . I w ill s ta n d on m y v o te a s c a s t I t c a n s ta n d .
M r. G A M B L E . I d e s ir e to a n n o u n c e t h a t s in c e m y n a m e w a s
c a l l e d m y p a i r w i t h t h e S e n a t o r f r o m N e v a d a [ M r . N ew lands ]
h a s b e e n t r a n s f e r r e d t o t h e S e n a t o r f r o m M a i n e [ M r . H ale ]
a n d I w i l l v o te . I v o t e “ y e a . ”
M r . E L K I N S ( a f t e r h a v i n g v o t e d in t h e a f f i r m a t i v e ) . I h a v e
a g e n e ra l p a ir w ith t h e s e n io r S e n a to r fro m T e x a s [M r.
B ailey.] I see that h e i s n o t i n t h e C h a m b e r , a n d I w i t h d r a w
m y v o te .
M r. K E A N . I s u g g e s t to t h e S e n a to r f r o m W e s t V ir g in ia
t h a t h e t r a n s f e r h i s p a i r t o m y c o lle a g u e .
M r. E L K IN S . V e ry w e ll; I w ill t r a n s f e r m y p a i r to th e
j u n i o r S e n a t o r f r o m N e w J e r s e y [ M r . B riggs] a n d let m y v o t e
sta n d .
M r. C U L L O M . I h a v e a g e n e ra l p a ir w ith t h e j u n i o r S e n a to r
f r o m V i r g i n i a [ M r . M artin ], b u t I u n d e r s t a n d t h a t m y p a i r h a s
b e e n t r a n s f e r r e d to t h e S e n a to r fro m I n d i a n a [M r. H e m e n w a y ].
I t h e r e f o r e v o te “ y e a . ”
M r . R A Y N E I t. I s m y v o t e r e c o r d e d o r w i t h d r a w n ?
T h e V I C E - P R E S I D E N T . T h e S e n a t o r ’s v o t e i s r e c o r d e d .
T h e S e c r e t a r y r e c a p i t u l a t e d t h e v o te .
M r . C U L L O M . I a m i n f o r m e d b y o n e o f t h e m e n o n t h e flo o r
t h a t t h e r e i s s o m e q u e s t i o n r a i s e d a s to t h e p r o p r i e t y o f m y
v o t in g . I d o n o t k n o w h o w t h e S e n a t o r f r o m I n d i a n a [ M r .
H e m e n w a y ] w o u l d v o te , b u t i f t h e r e i s a n y q u e s t i o n a b o u t t h e
I m a tte r I w ill w ith d r a w m y v o te a n d s ta n d p a ir e d w ith th e
! S e n a to r fro m V ir g in ia [M r. M a r t in ].
M r . S I M M O N S ( a f t e r h a v i n g v o t e d in t h e n e g a t i v e ) . I w a s
| u n d e r t h e im p re s s io n a t th e tim e I v o te d a fe w m o m e n ts n g o
t h a t a t r a n s f e r o f m y p a i r w i t h t h e j u n i o r S e n a t o r f r o m M in*
n e s o ta [M r. C l a p p ] h a d b e en a r ra n g e d .
I fin d t h a t t h a t h a s
n o t b e e n d o n e , a n d t h e r e f o r e I w i t h d r a w m y v o te .
T h e r e s u l t w a s a n n o u n c e d — y e a s 28, n a y s 34, a s fo llo w s :
Y E A S— 28.

Aldrich
Ankeny
Brandegee
Bulkeley
Burnham
Burrows
Crane
Bankhead
Beveridge
Borah
Bourne
Brown
Burkett
Clay
Culberson
Foster

Curtis
Depew
Dick
Dillingham
Dixon
Dolliver
du Pont

Elkins
Flint
Foraker
Gallfnger
Gamble
Hopkins
Kean
NAYS— 34.
Frazier
McCumber
MeEnery
Frye
McLaurln
Gary
.Owen—
Gore
overman
Guggenheim
Paynter
Heyburn
Perkins
Johnston
Piles
La Follette
Platt
McCreary

Knox
Lodge
Long
Nelson
Smith
Sutherland
Wetmore
Rayner
Richardson
Smoot
Stephenson
Taylor
Teller
Warner

KV/WHS tl '• V'Lii

1908.
Allison
Bacon
Bailey
Briggs
Carter
Clapp
C lark, W yo.

1

y-

;,y •J-,.
. - ■.V
- -’
■

-J .V-i

C0NGEESSI0N
N O T V O T IN G — 27.
Clarke, Ark.
Ilem enw ay
Cullom
K ittredge
Daniel
M artin
D avis
Money
Fulton
New lands
H ale
Nixon
Hansbrough
Penrose'

Scott
Sim m ons
Stone
Taliaferro
Tillm an
W arren

S o t h e r e s o l u t i o n w a s n o t a g r e e d to .
T h e V I C E - P R E S I D E N T . T h e q u e s t i o n r e c u r s o n t h e m o tio n
o f t h e S e n a t o r f r o m M a r y l a n d [ M r . R a yn eb ], t h a t t h e c r e d e n ­
t ia l s o f th e S e n a to r-e le c t fro m M a ry la n d b e ta k e n fro m th e
t a b l e a n d t h a t t h e o a t h o f office b e n o w a d m i n i s t e r e d .
[P u t­
t i n g t h e q u e s t io n . ]
T h e “ a y e s ’’ h a v e It, a n d t h e S e n a t o r - e l e c t
w i l l p r e s e n t h i m s e l f a t t h e V i c e - P r e s i d e n t ’s d e s k a n d t a k e t h e
o a th p re s c rib e d b y la w .
[A p p la u s e in th e g a lle rie s .]
The
C h a ir m u s t a d m o n is h th e o c c u p a n ts o f th e g a lle rie s t h a t u n d e r
th e r u le s o f th e S e n a te a p p la u s e is n o t p e rm itte d .
M r. S m i th , e s c o r t e d b y M r. R a y n e r , a d v a n c e d t o t h e V ic e P r e s i d e n t ’s d e s k , a n d t h e o a t h p r e s c r i b e d b y l a w h a v i n g b e e n
a d m i n i s t e r e d to h im , h e to o k h i s s e a t in t h e S e n a te .

ALBERT NELSON.
T h e V I C E - r R E S I D B N T la id b e fo re th e S e n a te a c o m m u n i­
c a t i o n f r o m t h e S e c r e t a r y o f t h e I n t e r i o r , .p r e s e n t in g , i n c o m ­
p l i a n c e w i t h t h e r e s o l u t i o n o f M a y 2 9 , 1 8 30, t h e n a m e o f A l b e r t
N e ls o n , o f S u t e r ’s t r a c t , A l l e n d a l e , A l a m e d a C o u n ty , C a l., l a t e
g u n n e r ’s m a t e , s e c o n d c la s s , U . S . S . Wheeling, w h o i s n o w p e n ­
s i o n e d a t $ 2 4 p e r m o n th , a n d w h o b y r e a s o n o f h i s p r e s e n t c o n ­
d i t i o n s h o u l d b e g r a n t e d a p e n s io n o f a t l e a s t $ 5 0 p e r m o n th ,
a n d f o r w h ic h t h e C o m m is s io n e r o f P e n s i o n s h a s n o t s u f f ic ie n t
p o w e r o r a u t h o r i t y , w h i c h w a s r e f e r r e d t o t h e C o m m itte e o n
P e n s io n s a n d o rd e re d to b e p rin te d .

•

-SENATE.

3 9 5 5

H e a ls o in tr o d u c e d a b ill (S . 6 3 4 8 ) g r a n tin g a p e n s io n to
F r a n c i s M . S n e a d , w i i ic h w a s r e a d t w i c e b y i t s t i t l e a n d , w i t h
t h e a c c o m p a n y i n g p a p e r s , r e f e r r e d t o t h e C o m m i t te e o n P e n ­
s io n s .
H e a ls o in tr o d u c e d a b ill (S . 6 3 4 9 ) to re m o v e th e c h a rg e o f
d e s e rtio n fro m th e m ilita r y re c o rd o f J o h n T a y h a n , w h ic h w a s
r e a d tw ic e b y its tit l e a n d , w ith th e a c c o m p a n y in g p a p e r, r e ­
f e r r e d to t h e C o m m i t te e o n M i l i t a r y A f f a ir s ,

MISS ELLEN M. STONE.
T h e V I C E - P R E S I D E N T l a i d b e f o r e t h e S e n a t e t h e f o l lo w in g
m e s sa g e fro m th e P r e s id e n t o f th e U n ite d S ta te s , w h ic h w a s
r e a d a n d , w ith th e a c c o m p a n y in g p a p e rs , r e f e r r e d to th e C om ­
m itte e on F o re ig n R e la tio n s a n d o rd e re d to be p r in te d :

To the Senate and House of Representatives:
, I transm it herewith for the consideration o f the Congress a letter from
the Secretary o f State on the subject o f the repaym ent to the contributors or the money raised to pay the ransom for the release o f M iss
E llen M . ston e, an Am erican m issionary to Turkey, who w as abducted
by brigands on September 3, 1 901 , while traveling on the highway from
R aslog to D jum abala, in the Turkish Em pire.
_
_
_
T he W h ite H ouse, March 2C 1908.
,

T heodore R oosevelt.

AMENDMENT OF THE NATIONAL BANKING LAWS.

M r . A L D R I C H . I a s k t h a t t h e b i ll ( S . 3 0 2 3 ) t o a m e n d t h e
n a t i o n a l b a n k i n g l a w s b e n o w l a i d b e f o r e t h e S e n a te .
T h e S e n a te , a s in C o m m i t te e o f t h e W h o le , r e s u m e d c o n s i d ­
e r a t i o n o f t h e b i ll ( S . 3 0 2 3 ) t o a m e n d t h e n a t i o n a l b a n k i n g
la w s .
M r. W A R R E N . I s i m p ly w i s h to i n q u i r e i f a n y t i m e h a s
b e e n g ra n te d f o r m o rn in g b u s in e s s to -d a y ?
T h e V IC E -P R E S ID E N T . T h e re h a s b e en n o tim e g r a n te d
fo r t h a t p u rp o se .
M r. W A R R E N . A n d i s m o r n in g b u s i n e s s n o w i n o r d e r , w i t h
NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION.
T h e V I C E - P R E S I D E N T l a i d b e f o r e t h e S e n a te a c o m m u n i c a ­ t h e c o n s e n t o f t h e S e n a t o r f r o m R h o d e I s l a n d , w h o h a s c h a r g e
t i o n f r o m t h e S e c r e t a r y o f t h e S m i t h s o n i a n I n s t i t u t i o n , t r a n s ­ o f t h e flo o r ?
M r. B E V E R I D G E . I t i s i n o r d e r b y u n a n i m o u s c o n s e n t.
m ittin g , p u r s u a n t to la w , th e te n th r e p o r t o f th e N a tio n a l S o ­
T h e V IC E -P R E S ID E N T . I f th e S e n a to r fro m R h o d e I s la n d
c ie t y o f t h e D a u g h t e r s o f t h e A m e r ic a n R e v o lu t i o n , w h ic h ,
w i t h t h e a c c o m p a n y i n g p a p e r , w a s r e f e r r e d t o t h e C o m m i t te e o n i s r e c o g n iz e d , s o lo n g a s h e h a s t h e f lo o r n o m o r n i n g b u s i n e s s
is in o rd e r.
P rin tin g .
M r. A L D R I C H . I p r e f e r t h a t S e n a t o r s w i l l w a i t u n t i l t o ­
PETER CLAUDE.
m o r r o w m o r n in g t o p r e s e n t m o r n i n g b u s i n e s s .
M r. D E P E W p r e s e n t e d s u n d r y p a p e r s t o a c c o m p a n y t h e b i ll
M r. W A R R E N . V e r y w e l l ; l e t i t g o o v e r t h e n .
( S . 616G ) f o r t h e r e l i e f o f P e t e r C la u d e , w h i c h w e r e r e f e r r e d t o
M r. C U L B E R S O N . M r. P r e s i d e n t ------t h e C o m m i t te e o n P e n s i o n s .
T h e V IC E -P R E S ID E N T . D o e s th e S e n a to r fro m R h o d e
COMMITTEE SERVICE.
I s la n d y ie ld to th e S e n a to r fro m T e x a s ?
M r. C U L B E R S O N . I d i d n o t a s k t h e S e n a t o r t o y ie ld , M r .
M r . L O D G E , on behalf of M r. H a n s b r o u g h , asked that that
Senator be relieved from further service as chairman of the P r e s i d e n t . I t h o u g h t t h e flo o r w a s n o t o c c u p ie d .
M r . A L D R I C H , I d i d n o t u n d e r s t a n d t h e S e n a to r .
Committee on P u b l i c L a n d s , t o take effect A p r i l 1, 1 9 0 8 , and it
T h e V IC E -P R E S ID E N T . T h e C h a ir a s k e d th e S e n a to r fro m
was agreed to.
M r. N E L S O N w’a s , o n h i s o w n m o tio n , r e li e v e d f r o m f u r t h e r R h o d e I s l a n d i f h e w o u l d y i e l d t o t h e S e n a t o r f r o m T e x a s .
M r. A L D R I C H . I y i e l d t h e flo o r.
s e r v i c e a s c h a i r m a n o f t h e C o m m i t te e o n t h e M i s s is s i p p i R i v e r
M r. C U L B E R S O N . I d o n o t d e s i r e t o t a k e t h e S e n a t o r f r o m
a n d i t s T r ib u ta r ie s , to ta k e e ffe c t A p ril 1, 1908.
R h o d e I s l a n d o f f t h e flo o r. I s u p p o s e d t h e b i l l w a s b e f o r e t h e
M r. W A R N E R w a s , o n h i s o w n m o tio n , r e li e v e d f r o m f u r t h e r
s e r v i c e a s c h a i r m a n o f t h e S e l e c t C o m m i t te e o n I n d u s t r i a l E x ­ S e n a t e a n d t h a t t h e f lo o r w a s u n o c c u p ie d b y a n y S e n a to r , a n d I
a d d r e s s e d t h e C h a i r a c c o r d in g l y . I f t h e S e n a t o r f r o m R h o d e
p o s itio n s , t o t a k e e f fe c t A p r i l 1, 1 9 0 8 .
M r. L O D G E s u b m i t t e d t h e f o l lo w in g r e s o l u ti o n , w h i c h w a s I s l a n d h a s a n y t h i n g t o s a y , I w i l l w a i t u n t i l h e c o n c lu d e s .
M r. A L D R I C H , I h a v e n o t h i n g t o p r e s e n t . I m e r e ly c a lle d
c o n s id e re d b y u n a n im o u s c o n s e n t a n d a g re e d t o :
Resolved, T h at M r. II ansbrough be appointed to fill the vacancy in t h e b ill u p .
H)o chairmanship of the Committee on Agriculture and F o re s try ; that
M r. C U L B E R S O N . M r. P re s id e n t, I th e n o ffe r th e a m e n d ­
Mr. Nelson be appointed to 1 1 the vacancy in the chairmanship of m e n t o n t h e q u e s t io n o f r e s e r v e s , w h i c h I s e n d to t h e d e s k , a n d
11
[oe Com m ittee on Public L a n d s ; and that Mr. W arner be appointed
i n v i t e t h e a t t e n t i o n o f t h e S e n a t o r f r o m M i n n e s o t a [ M r.
fill the vacancy in the chairmanship o f the Com m ittee on the M issisN e l s o n ] to t h e a m e n d m e n t n o w p r o p o s e d .
1908 RiTet nntl
T r k)utaries > said appointm ents to take effect April 1,
'
T h e V IC E -P R E S ID E N T . T h e a m e n d m e n t p ro p o se d by th e
M r. L O D G E s u b m i t t e d t h e f o l lo w in g r e s o l u ti o n , w h i c h w a s S e n a t o r f r o m T e x a s w i l l b e s t a t e d .
T h e S e c r e t a r y . O n p a g e 10, l in e 3, a f t e r t h e w o r d s u S e c .
c o n sid e re d b y u n a n im o u s c o n s e n t a n d a g re e d t o :
..Resolved, T h at M r. G uggenheim be appointed to fill the vacancy in 8 ," i t i s p r o p o s e d to i n s e r t t h e f o l l o w i n g :
m e Committee on Post-Offices and Post-R oads.

M r. L O D G E s u b m i t t e d t h e f o l lo w in g r e s o l u ti o n , w h i c h w a s
c o n sid e re d b y u n a n im o u s c o n s e n t a n d a g re e d t o :
Resolved, T h at M r, B urkett be appointed to fill the vacancy in the
com m ittee on Agriculture and Forestry.

BILLS INTRODUCED.
M r. B U R K E T T i n t r o d u c e d a b i ll ( S . 6 3 4 4 ) g r a n t i n g a n i n ­
c r e a s e o f p e n s io n t o J . M . C r o s b y , w h i c h w a s r e a d t w i c e b y i t s
t i t l e a n d r e f e r r e d t o t h e C o m m itte e o n P e n s i o n s .
H e a ls o i n t r o d u c e d a b i ll ( S . 6 3 4 5 ) g r a n t i n g a n i n c r e a s e o f
P e n s io n t o W il l ia m O ’B r i e n , w h ic h w a s r e a d t w i c e b y i t s t i t l e
a n d , w i t h t h e a c c o m p a n y i n g p a p e r s , r e f e r r e d t o t h e C o m m itte e
° n P e n s io n s .
M r. F O R A K E R i n t r o d u c e d a b ill ( S . 6 3 4 6 ) g r a n t i n g a n i n ­
c r e a s e o f p e n s io n t o L y d i a I . T a y l o r , w h ic h w a s r e a d t w i c e b y
i t s t i t l e a n d r e f e r r e d to t h e C o m m itte e o n P e n s io n s .
H e a ls o i n t r o d u c e d a b i ll ( S . 6 3 4 7 ) g r a n t i n g a n i n c r e a s e o f
P e n s io n t o J o s e p h P . B o a ls , w h i c h w a s r e a d t w i c e b y i t s t i t l e
a n d , w i t h t h e a c c o m p a n y i n g p a p e r s , r e f e r r e d to t h e C o m m itte e
on P e n s io n s .




T h at from and after January 1, 1909, every national bank shall
have and keep on hand in its vaults the reserve of law ful money pro­
vided for by law. A ll laws and parts o f law s which authorize na­
tional hanks to have and keep part o f their reserve in other national
hanks are hereby repealed.

T h e V I C E - P R E S I D E N T . T h e p e n d in g a m e n d m e n t i s t h e
a m e n d m e n t p ro p o se d by th e S e n a to r fro m N o r th C a ro lin a [M r.
S i m m o n s ].

M r. N E L S O N . I d e s i r e to s t a t e , M r. P r e s i d e n t , t h a t in s o m e
re s p e c ts th e a m e n d m e n t o ffe re d b y th e S e n a to r fro m T e x a s a s
a s u b s titu te o r a n a m e n d m e n t to ta k e th e p la c e o f a n a m e n d ­
m e n t I o ffe re d y e s te rd a y I th in k is a b e tte r a m e n d m e n t th a n
m i n e ; a n d I a m q u i t e w i l li n g t h a t i t s h a l l t a k e t h e p l a c e o f
th e a m e n d m e n t w h ic h I o ffe re d .
T h e V I C E - P R E S I D E N T . T h e p e n d in g a m e n d m e n t i s t h e
a m e n d m e n t p r o p o s e d by t h e S e n a t o r f r o m N o r t h C a r o l i n a [ M r .
S i m m o n s ] , w h i c h w ill be a g a i n s t a t e d by t h e S e c r e t a r y .
T h e S ec r e t a r y . I t i s p r o p o s e d to s t r i k e o u t a l l a f t e r t h e
w o r d s “ o f t h e U n i t e d S t a t e s , ” in l i n e 4, p a g e 7, d o w n t o t h e
w o r d “ e v e r y ,” in l i n e 7, p a g e 8 , a n d i n s e r t i n l ie u t h e r e o f t h e
w o r d s “ s h a l l p a y a m o n th l y ta x o f o n e - f o u r t h o f 1 p e r c e n t




T li e V I C E - P R E S I D E N T . T h e q u e s t i o n i s o n a g r e e i n g t o t h e
a m e n d m e n t p ro p o s e d b y th e S e n a to r fro m M in n e s o ta , o n w h ic h
a d iv is io n is d e m a n d e d .
M r. G A L L IN G E R . I a s k f o r th e y e a s a n d n a y s .
T h e y e a s a n d n a y s w e re o rd e re d .
M r. K E A N . L e t th e a m e n d m e n t b e a g a in s ta te d .
M r . B A C O N . I a s k t h a t t h e a m e n d m e n t m a y b e a g a in read .
T h e Secretary. O n p a g e 1, l i n e 5, i t i s p r o p o s e d t o s t r i k e
o u t t h e w o r d s “ m e r c a n t i l e e s t a b l i s h m e n t , s t o r e , b u s i n e s s o ffic e .'’
M r. S C O T T . F iv e w o rd s.
T h e S e c r e t a r y p r o c e e d e d t o c a l l t h e r o l l.
M r. D I L L I N G H A M ( w h e n h i s n a m e w a s c a lle d ) . I h a v e a
v e n e r a l p a i r w i t h t h e s e n i o r S e n a t o r f r o m S ou th C a ro lin a [M r .
'T il l m a n ], w h o i s n e c e s s a r i l y a b s e n t fr o m the S en ate. I tr a n s ­
f e r t h e p a i r t o t h e s e n i o r S e n a t o r fro m K a n s a s [M r . L o n g ] an d
w i l l v o te . I v o t e “ y e a . ”
M r. F R A Z IE R (w h e n h is n a m e w a s c a lle d ) . I a g a in a n ­
n o u n c e a s ta n d in g p a ir w ith th e S e n a to r fro m S o u th D a k o ta
[ M r . K ittredge]. I f h e w e r e p r e s e n t , I s h o u l d v o t e “ y e a . ’
T h e r o i l c a l l w a s c o n c lu d e d .
M r . C U L L O M ( a f t e r h a v i n g v o t e d in t h e n e g a t i v e ) .
I have
a g e n e r a l p a i r w i t h t h e j u n i o r S e n a t o r f r o m V i r g i n i a [ M r . M ar ­
t i n ].
i d o n o t se e t h a t h e is p re s e n t, b u t I w ill le t m y v o te
s ta n d a n d t r a n s f e r th e p a ir to th e ju n io r S e n a to r fro m N ew
J e r s e y [ M r . B riggs].
M r. D A N IE L . I a m p a ir e d w ith t h e S e n a to r f ro m N o r th
D a k o t a [ M r . H axsbrough ], a n d t h e r e f o r e w i t h h o l d m y v o te .
M r. B A C O N .
I h a v e b e e n r e q u e s t e d to an nounce t h a t t h e
j u n i o r S e n a t o r f r o m F l o r i d a [M r . M i l t o n ] i s p a i r e d w ith th e
S e n a to r fro m N e w Y o rk [M r. P l a t t ],
T h e r e s u lt w a s a n n o u n c e d — y e a s 32, n a y s 30, a s fo llo w s :
Y E A S — 32.
\nkeny
Hankhead
Borah
Clapp
Clark, W yo.
Curtis
D illingham
Foraker

Foster

Fulton

G ary
Johnston
M cL aurin
M oney
Nelson
New lands

Nixon
Overm an
P aynter
Penrose
Richardson
Scott
Sim m ons
Sm oot

Stephenson
Stew art
Sutherland
T a liaferro
Teller
W arn er
W arren
W etm ore

Bacon
Beveridge
Bourne
Brandegee
Brown
Bulkeley
B urkett

Burnham
B urrow s
Clay
Cullom
Dick
Dixon
D olliver
F lin t

Frye
G allinger
Guggenheim
Heyhurn
H opkins
Kean
K nox
Lodge

M cCreary
McCumber
Perkins
Piles
Rayner
Sm ith, M ich.

N O T V O T IN G — 30.
Aldrich
B ailey
Briggs
Carter
Clarke, Ark.
Crane
Culberson
Daniel

D avis
Depew
du Font
Elkins
Frazier
Gamble

Gore
H ale

Hanshrough
Hem enway
K ittredge
La Follette
Long
M cE nery
M artin
M ilton

Owen
Pratt
Sm ith, M d.
Stone
T a ylor
Tillm an

So M r. N e l s o n ' s am en d m en t w a s agreed to.

M r. P A Y N T E R . I p r o p o s e a n a m e n d m e n t , t o b e i n s e r t e d o n
p a g e 4 , l i n e 24.
T h e V IC E -P R E S ID E N T . T h e S e n a to r fro m K e n tu c k y p ro ­
p o s e s a n a m e n d m e n t , w h i c h w ill b e s t a t e d .
M r. N E L S O N . I h a v e a n o t h e r a m e n d m e n t t o o f f e r t o s e c ­
t i o n 1.
T h e V I C E -P R E S ID E N T . T h e C h a ir re c o g n iz e s th e S e n a to r
f r o m K e n t u c k y , a n d w i l l r e c o g n iz e t h e S e n a t o r f r o m M in n e ­
s o ta a f t e r th e a m e n d m e n t n o w s u b m itte d is d is p o s e d o f. T h e
a m e n d m e n t p ro p o se d by th e S e n a to r f r o m ' K e n tu c k y w ill be
s ta te d
T h e Secretary. O n p a g e 4 , lin e 2 4 , a f t e r t h e w o r d “ s u p e r i n ­
t e n d e n t , ” i n s e r t t h e f o l lo w in g p r o v i s o :

Provided, T h a t in exceptional cases the superintendent o f public
schools or the person authorized to act for him m ay, In w riting, waive
the necessity o f the schooling certificate provided for in this act, and
in such cases the age certificate shall en title the holder to be em ­
ployed without a violation o f this act.
M r. P A Y N T E R . M r. P r e s i d e n t , I w ill s t a t e m y p u r p o s e
p r o p o s in g t h e a m e n d m e n t . I n s e c ti o n 5 i t i s p r o v i d e d :

o th e r c a s e m ig h t b e w h e re a c h ild h a s h a d n o o p p o r tu n ity to
a c q u i r e a n e d u c a t i o n a s i s r e q u i r e d b y t h e a c t . I t s e e m s to
m e t h a t u n d e r s u c h c irc u m s ta n c e s th e s u p e r in te n d e n t o f p u b ­
l ic s c h o o ls o u g h t to b e p e r m i t t e d t o w a i v e t h e n e c e s s i t y o f t h i s
s c h o o l in g c e r t i f i c a t e .
T h e V I C E -P R E S ID E N T . T h e q u e s tio n is on a g re e in g to th e
a m e n d m e n t p ro p o se d b y th e S e n a to r fro m K e n tu c k y [M r.
P aynter],

T h e a m e n d m e n t w a s a g r e e d to .
M r . N E L S O N . I o f f e r a n a m e n d m e n t , t o c o m e in a t t h e e n d
o f l i n e 11, o n p a g e 1. I t i s t o i n s e r t a f t e r t h e w o r d s “ s e s s io n ”
t h e w o r d s “ a n d h e o r s h e i s p e r m i t t e d t o a t t e n d t h e s a m e ,” so
a s to r e a d :

During the hours when the public schools of the District of Colum­
bia are in session and he or she is permitted to attend the same.
T h e r e a r e t i m e s h e r e , t h e r e h a v e b e e n in t h e p a s t , a n d t h e r e
m a y b e in t h e f u t u r e , w h e n t h e s c h o o l s a r e in s e s s io n a u d a l l
th e c h ild re n c a n n o t a tt e n d . T h e r e is n o t ro o m f o r th e m .
T h a t h a s b e e n t h e c a s e i n t h e p a s t , a n d i t m a y b e iu t h e f u t u r e .
S o t o p e r f e c t t h e la w , I t h i n k , t h e w o r d s s h o u l d b e i n s e r t e d ,
“ a n d h e o r s h e i s p e r m i t t e d t o a t t e n d t h e s a m e ; ” t h a t is, n o t
o n ly m u s t t h e s c h o o l b e o p e n , b u t i t m u s t b e o p e n s o t h a t t h e
c h i l d in q u e s t i o n c a n a t t e n d t h e s a m e .
T h e V IC E -P R E S ID E N T . T h e a m e n d m e n t p ro p o se d b y th e
S e n a to r fro m M in n e s o ta w ill b e s ta te d .
T h e S e c r e t a r y , I n s e c ti o n 1 , p a g e 1 , l i n e 11, a f t e r t h e
w o r d “ s e s s io n ,” i n s e r t t h e w o r d s :
And he or she is perm itted to attend the

same.

M r . D O L L I V E R . I m a y b e in e r r o r , b u t I t h i n k t h e s i t u a t i o n
in th e c o n te m p la tio n o f th e S e n a to r fro m M in n e s o ta w o u ld be
f u l l y c o v e r e d b y t h e a m e n d m e n t t h a t h a s j u s t b e e n a d o p te d , t h e
a m e n d m e n t o ffe re d by th e S e n a to r fro m K e n tu c k y . I in q u ire
o f t h e S e n a t o r f r o m K e n t u c k y i f i t w o u l d n o t b e i n c l u d e d iu t h e
sc o p e o f h is a m e n d m e n t?
M r. P A Y N T E R . I d o n o t q u ite u n d e r s ta n d t h e sco p e o f th e
a m e n d m e n t p ro p o se d b y th e S e n a to r fro m M in n e s o ta . I w a s
n o t g i v in g i t a t t e n t i o n .
M r. D O L L I V E R . I t i s a n a m e n d m e n t a d d i n g w o r d s which
w ill e x e m p t th e c h ild fro m th e n e c e s s ity o f a tte n d a n c e a t
w h e n t h e r e i s n o t r o o m in t h e s c h o o l h o u s e t o r e c e iv e s u c h c h ild .
M r . P A Y N T E R . M y o p i n io n i s t h a t t h a t w o u l d b e a n e x c e p ­
tio n a l c a s e p ro v id e d fo r.
M r. D O L L I V E R .
I t w o u ld be c o v e re d b y y o u r a m e n d m e n t.
M r . P A Y N T E R . I t h i n k so .
M r. D O L L I V E R . I s h o u l d j u d g e so .
M r. N E L S O N . B u t t h a t r e l a t e s t o a n o t h e r p a r t o f t h e b ill,
a n d I t h i n k i t o u g h t t o g o in h e r e t o m a k e t h e b ill c l e a r .
M r. B U R K E T T .
I f I u n d e r s ta n d th e a m e n d m e n t, it c e rta in ly
o u g h t n o t to go in .
In th e fir s t p la c e , it is n o t a p ra c tic a l
th in g .
T h e i l l u s t r a t i o n t h a t h a s b e e n u s e d b y t h e S e n a to r
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in f a v o r o f t h i s a f f i r m a t i v e a c t t h a t w e a r e a b o u t t o o b t a i n t h a t
T h e V IC E -rR E S ID E N T . T h e a m e n d m e n t is w ith d ra w n .
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M r. B E V E R ID G E .
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f r o m C o l o r a d o [ M r . T e l l e r ], a n d w h i c h I h a v e h e r e t o f o r e r e ­
t o l e a v e t h e C h a m b e r , a n d I d e s i r e to s a y o n e o r t w o v e r y b r i e f
f e r r e d to , t h a t a r e p o r t o f t h e n a t i o n a l b i l l w i l l s o o n b e h a d a n d
w o r d s a b o u t t h e h ill in g e n e r a l , b e c a u s e I w a n t t o e x p r e s s m y
a c o n s i d e r a t i o n o f a n d v o t e u p o n i t b e o b t a i n e d in t h e S e n a t e
v e r y e m p h a t i c a p p r o v a l o f t h i s m e a s u r e a n d m y e a r n e s t p l e a s ­ e a r l y n e x t s e s s io n — t o w a i v e t h e p r e s e n t a t i o n o f a n y o t h e r q u e s ­
u r e t h a t w e a r e a b o u t to se e it p a s s e d — th is , M r. P r e s id e n t, n o t
t i o n t h a t m i g h t n o w c o m p l i c a t e t h i s o n e , a n d a ls o o u t o f r e ­
b e c a u s e i t w ill e ffe c t a n y th i n g o f g r e a t c o n s e q u e n c e , b u t b e ­ g a r d to t h e d e s ir e s o f s e v e ra l S e n a to r s .
c a u s e i t i s a s t e p , h o w e v e r s h o r t , in t h e r i g h t d i r e c t i o n , a n d
N o w , j u s t o n e w o rd m o re . T h e q u e s tio n o f th e c o n s titu tio n ­
b e c a u s e a ls o i t is a s o r t o f f ir s t f r u i t s o f th e a g ita tio n t h a t a li t y o f n a tio n a l c h ild - la b o r le g is la tio n h a s b e e n r a is e d . T h a t,
h a s n o w b e e n g o in g o n f o r a y e a r a n d a h a lf o r tw o y e a r s to
o f c o u r s e , i s s o m e t h i n g t h a t w e a r e g o in g t o c o n s i d e r h e r e a f t e r .
r e m e d y t h e r e a l a n d c r i t i c a l e v il t h a t e x i s t s in t h i s c o u n t r y .
I t is c o n c e d e d on a ll b a u d s to b e a g r a v e a n d a f a r- r e a c h in g
W h e th e r t h e b ill b e c o n s id e re d m e re ly a s a n a ffirm a tiv e , q u e s tio n , a n d y e t a tt e n ti o n is c a lle d to th e f a c t — a n d it is a
th o u g h lim ite d , a c t o f t h e N a tio n a l L e g is la tu r e , e x p r e s s in g i ts d is ­ m a t t e r t h a t w ill b e d e b a te d e x te n s iv e ly , a s i t s h o u ld b e, b y
a p p r o v a l o f t h i s e v il, o r w h e t h e r i t b e c o n s i d e r e d a s a n e x a m p l e t h o s e w h o b e li e v e o n b o t h s i d e s o f t h a t q u e s t i o n h e r e a f t e r w h e n
u p o n w h i c h f u r t h e r l e g i s l a t i o n m a y b e b a s e d , n e v e r t h e l e s s i t t h e b i ll i s o u t o f t h e c o m m i t t e e a n d u p a t a n e a r l y t i m e n e x t
o u g h t t o — a n d I a m g l a d to s a y t h a t i t d o e s — e n l i s t t h e h e a r t y
s e s s io n f o r c o n s i d e r a t i o n — a t t e n t i o n i s c a l l e d t o t h e f a c t t h a t
s u p p o rt a n d e n th u s ia s tic a p p ro v a l o f e v e ry b o d y , r e g a r d le s s o f e v e ry la w t h a t p ro h ib ite d a n y a r tic le fro m in te r s ta te co m ­
P a rty .
m e r c e — o f w h i c h t h e r e h a v e b e e u m o r e , I fin d , t h a n t w e n t y
I s a id a m o m e n t a g o , M r. P r e s id e n t, t h a t m y v e ry e a r n e s t p a s s e d — t h a t h a s b e en c a r r ie d to th e S u p re m e C o u r t o f th e
g r a t i f i c a t i o n a t t h e p a s s a g e o f t h i s b i ll i s n o t b e c a u s e I t h i n k i t
U n ite d S ta te s h a s b e e n u p h e ld b y t h a t t r ib u n a l w ith o u t o n e
w i l l g r e a t l y r e m e d y a n y t h i n g . A s h a s b e e n p o i n t e d o u t b y s e v ­ s i n g l e e x c e p t i o n , a n d so f a r a s I can f i n d e v e r y law t h a t h a s
e r a l S e n a to r s , t h is is n o t a g r e a t i n d u s tr ia l c e n te r .
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b e e n p r e s e n te d to a n i n f e r io r F e d e r a l t r ib u n a l h a s b e e n u p h e ld
h e r e l e s s t h a n In a n y c i t y o f s i m i l a r s i z e in t h e R e p u b l i c d o e s w i t h o u t o n e s i n g l e e x c e p ti o n .
th e e v il o f c h ild la b o r e x is t. T h e r e a r e n o f a c to r ie s h e r e ; th e r e
M o re th a n th a t, I s a id a m o m e n t a g o t h a t w e h a v e s o m e th in g
a r e n o m in e s h e r e ; t h e r e a r e n o s w e a t s h o p s h e re . T h is is th e
m o re th a n a sc o re o f su c h la w s o n th e s ta tu te b o o k s. W h e n th e
c a p i t a l o f t h e n a t i o n ; a n d in a p e c u l i a r s e n s e — n o t t r u e o f a n y
tim e c o m e s to a r g u e th e q u e s tio n I s h a ll sh o w t h a t n o t a s in g le
o t h e r c i t y — i t i s a r e s i d e n c e c i t y , a c i t y g i v e n o v e r t o o f f ic ia l l i f e
o n e o f th e m w a s r e s is te d , e x c e p tin g o n ly w h e r e s o m e g r e a t
a n d to th o s e o c c u p a tio n s w h ic h m in is te r to th o s e w h o a r e th u s
f i n a n c i a l i n t e r e s t s w e r e p r o f i t i n g b y t h e e v il p r o p o s e d t o b e s u p ­
b r o u g h t h e r e . T h e r e f o r e , th e a f fir m a tiv e b e n e fits o f t h i s b ill w ill p re s s e d , a n d w e h a v e n o w o n th e s t a t u t e b o o k s n o t o n ly m o re
h o t a n d c a n n o t be g re a t.
t h a n a sc o re o f la w s p ro h ib itin g a r tic le s fro m in te r s ta te co m ­
N e i t h e r d o I t h i n k i t w ill b e p a r t i c u l a r l y e f f e c ti v e a s a n e x ­ m e r c e , b u t s o m e p r o h i b i t i n g a r t i c l e s a b s o l u t e l y h a r m l e s s i n
a m p le , b e c a u s e , a s h a s a l r e a d y b e e n s o c l e a r l y s t a t e d b y t h e
th e m s e lv e s , a n d w h ic h a ffe c t th e m a n u f a c tu r e s o f v a r io u s
S ta te s .
c h a i r m a n o f t h e c o m m itte e [ M r , D o l l iv e r ] , e x a m p l e s a l r e a d y
e x i s t , n o t i n t h i r t y - s i x S t a t e s , b u t p e r h a p s in a s m a n y a s
M r. P r e s i d e n t , I t h i n k t h a t w e a r e t o b e c o n g r a t u l a t e d u p o n
sev en S ta te s .
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th e f a c t t h a t w e a r e c o n s u m m a tin g a t la s t, in a n s w e r to a g r e a t
in d u c e th e le g is la tu r e s o f a ll t h e S t a te s to p a s s a d e q u a te a n d
m o r a l a g ita tio n , s u c h a s lia s o c c u r r e d in t h i s c o u n tr y b e fo re
w is e l e g i s l a t i o n , i t w o u l d h a v e lo n g s i n c e b e e n u p o n t h e s t a t u t e
w h e n c r i t i c a l e v i l s f a c e d t h e R e p u b li c , a b e g i n n i n g o f a f f i r m a ­
bo o k s.
t i v e l e g i s l a t i o n . O f c o u r s e i t is n o t h i n g m o r e t h a n a b e g in n i n g ,
T h o s e w h o p r o f i t b y c h i l d l a b o r a r e n o t t o b e i n f lu e n c e d b y
a n d a v e ry l it t le b e g in n in g ; b u t i t is s o m e th in g . H o w e v e r l it t le
a n y m o ra l e x a m p le . I s a id “ c h ild l a b o r ; ” b u t I d o n o t m e a n
it m a y a c c o m p lis h , i t a t le a s t r e g is te r s th e m o ra l c o n d e m n a ­
c h il d l a b o r ; I m e a n c h i l d s l a v e r y — t h a t i s w h a t h a s a r o u s e d
t i o n o f e v e r y m a n in t h i s C h a m b e r , w h i c h I c o n c e d e a l l e q u a l l y
th e n a tio n .
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fe el a g a in s t th is m o n s tr o u s a b u s e ; a n d , f u r th e r , t h a t w e a r e to
fro m M in n e s o ta [M r. N e l s o n ] a p p ro v e s , I a ls o v e ry h e a r tily
b e c o n g r a tu la te d on th e f a c t t h a t w e s h a ll d isc u ss a n d h a v e
a p p ro v e . N o th in g b e tte r c a n o c c u r to a c h ild th a n to b e u s e fu lly
a n o p p o r t u n i t y t o d i s c u s s in a f u l l a n d f r e e m a n n e r i n t h e S e n ­
e m p l o y e d in t h e o p e n a i r , p r o v i d e d i t i s w i t h i n t h e s a f e l i m i t s o f j a t e , a n d v o t e u p o n i t , t h e l a r g e r q u e s t i o n o f t h e u p r o o t i n g o f
s tre n g th .
S u c h o c c u p a t i o n i s n o t o n l y e x c e l l e n t f o r t h e I t h e r e a l e v i l t h a t i s n o t o n l y i n j u r i n g t h e b o d ie s , b u t , in m a n y
C h ild in e v e r y possible w a y , p h y s i c a l l y , m e n t a l l y , a n d m o r a l l y , c a s e s , k i l l i n g t h e m a n d f o r e v e r r u i n i n g t h e s o u l s o f m y r i a d s o f
h u t i t Is a l s o a f o r m o f r e c r e a t i o n i f i t i s n o t a b o v e t h e c h i l d 's
A m e ric a n c h ild r e n .
Strength.
I s a y t h i s w ith th e p e rm is s io n o f t h e S e n a to r f r o m Io w a ,
b e c a u s e I a m c o m p e l le d t o l e a v e t h e C h a m b e r , a n d I d i d w a n t
t l u t th e c h ild la b o r t h a t e v e ry b o d y r e f e r s to w h e n h e u s e s
t h a t p h r a s e n o w i s t h a t s p e c i e s o f c h i l d d e s t r u c t i o n w h i c h e x ­ to s a y s o m e h e a r t y w o r d s o f m y v e r y e a r n e s t a p p r o v a l o f t h i s
m e a s u r e , f o r w h i c h I s h a l l v o te , o f c o u r s e , w i t h t h e k e e n e s t
i s t e d in E n g l a n d u p t o t w e n t y - f i v e y e a r s a g o , w h i c h u n d e r m i n e d
t h e m a n h o o d o f t h e B r i t i s h p e o p le , a n d w h i c h e x i s t s in t h i s
ix > s sib le e n t h u s i a s m ; a n d a l t h o u g h a s t h e f i r s t f r u i t s o f t h i s
c o u n t r y t o p e r h a p s t h e e x t e n t o f a t l e a s t 1 ,000,000 c h i l d r e n .
a g i t a t i o n i t m a y b e v e r y s m a l l a n d v e r y l i m i t e d , i t i s s o m e th i n g .
M r. H E Y B U R N . M r . P r e s i d e n t , o n p a g e 7, l i n e 7, I m o v e to
N e v e r t h e l e s s t h i s b ill i s n s t e p , a b r i e f o n e , a s h o r t o n e , in t h e
s t r i k e o u t t h e w o r d “ j u v e n i l e ” a n d i n s e r t t h e w o r d “ p o l ic e .”
J jS h t d ir e c tio n . I t is a t l e a s t a n a f firm a tiv e m o ra l a c tio n u p o n
T h e V IC E -P R E S ID E N T . T h e a m e n d m e n t w ill b e s ta te d .
th e p a r t o f th e N a tio n a l L e g is la tu r e . Y e t le t n o p e rs o n d e ­
T h e S e c b e t a r y . O n p a g e 7, l in e 7, b e f o r e t h e w o r d “ c o u r t , ”
c e iv e h i m s e l f . T h i s b i ll , a p p l i c a b l e t o t h e D i s t r i c t o f C o l u m b i a ,
i t i s p r o p o s e d t o s t r i k e o u t “ j u v e n i l e ” a n d i n s e r t “ p o l ic e .”
w h e r e t h e e v il d o e s n o t r e a l l y e x i s t , w i l l n o t a s s u a g e t h e w r a t h
M r . H E Y B U R N . I w i l l, M r . P r e s i d e n t , s a y a w o r d i n e x p l a ­
c f t h e A m e r i c a n p e o p le a g a i n s t w h a t i s t h e r e a l i n f a m y t h a t
a w a k e n e d t h e c o n s c ie n c e o f t h e n a t i o n ; n o r w i l l i t In t h e j n a t i o n o f t h e a m e n d m e n t . T h e j u v e n i l e c o u r t i s n o t i n v e s t e d
w ith th e p o w e r b y th e a c t c r e a tin g i t to h e a r a n d d e te rm in e
p o t e s t d e g r e e q u i e t t h a t c o n s c ie n c e .
th e c la s s o f c a s e s t h a t w ill a r is e u n d e r t h is b ill. I t w o u ld n o t
T h e t r u t h a b o u t i t M r. P r e s id e n t, is t h a t S e n a to r s a r e n o w
h a v e j u r i s d i c t i o n t o d e t e r m i n e a n y c a s e in w h i c h t h e p a r t i e s
fa m ilia r, a n d th e c o u n tr y fo r so m e y e a r s h a s b e en m o re f a m ilia r
w e re o v e r 17 y e a r s o f a g e . I n th e v e ry ju v e n ile - c o u r t a c t i t is
th a n w e h a v e b e e n , w ith th e e x te n t a n d th e r e v o ltin g n a tu r e
p ro v id e d t h a t v io la tio n s o f th e la w s th e r e m e n tio n e d b y p e r ­
££ t h i s e v il . I t i s n o t o n t h e f a r m s ; i t I s n o t in t h e s t o r e s ; n o ;
s o n s o v e r 1 7 y e a r s o f a g e m u s t b e d e t e r m i n e d i n t h e p o lic e
o u t i t Is in t h e m il l s , t h e f a c t o r i e s , t h e s w e a t s h o p s , a n d o n t h e
c o u rt.
T h a t is th e lim ita tio n p la c e d u p o n th e ju r is d ic tio n o f
b r e a k e r s o f c o a l m in e s , w h e r e l i t t l e c h i l d r e n , b o y s a n d g i r l s
t h e j u v e n i l e c o u r t b y t h e a c t c r e a t i n g i t . T h e r e f o r e in t h i s b i ll
a s y o u n g in m a n y i n s t a n c e s a s 5 y e a r s o f a g e , a r e a t w o r k
i t w i l l b e n e c e s s a r y t o s u b s t i t u t e t h e “ p o l ic e c o u r t ” f o r t h e
u a y a n d n i g h t , n o t f o r e i g h t h o u r s , n o t f o r t e n h o u r s , b u t , in
S o m e I n s t a n c e s , f o r t w e l v e h o u r s . T h o s e a r e n o t s p o r a d i c e x ­ « j u v e n i l e c o u r t , ” i t b e i n g p r o v i d e d i n s e c ti o n 11 o f t h e b i l l —
a m p le s ; th e r e a r e n o t h u n d re d s o f c ases, n o r th o u s a n d s o f c a se s,
b o r te n s o f th o u s a n d s o f c a s e s ; b u t th e r e a re h u n d re d s o f th o u ­
s a n d s o f c a s e s ; a n d t h o s e c h i l d r e n a r e b e in g r u i n e d i n b o d y
a ° d in m in d .
M r. P r e s id e n t, th e r e is a goo d d e a l o f e x c ite m e n t if a n o c­
c a s io n a l w ild f a n a tic , c a lle d a n “ a n a r c h is t,” la u d s u p o n o u r
s h o r e s ; y e t w e o u rs e lv e s h a v e in o u r c o u n try a t th e p o t e n t
t i m e a s y s te m w h i c h i s c r e a t i n g t h e m a t e r i a l o f a n a r c h i s t s ;
w h ic h is p ro d u c in g e v e ry y e a r , b y th e lo w e s t e s tim a te I h a v e
b e e n a b l e to fin d , c e r t a i n l y n s m a n y a s 2 5 0 .0 0 0 d e g e n e r a t e s
w h o h a v e m a l f o r m e d b o d i e s a n d b e c l o u d e d m i n d s a n d h a te f ille d h e a r t s . T h a t , M r. P r e s i d e n t , i s t h e r e a s o n t h a t t h i s b ill I




T h a t the juven ile court o f the D istrict o f C olum bia is hereby given
jurisdiction in all cases arising under this act.

Y o u c a n n o t g i v e t h e c o u r t j u r i s d i c t i o n in t h a t o f f h a n d w a y ,
in a s m u c h a s th e c o u r t w a s c r e a te d f o r th e v e ry p u rp o s e , th e
l i m i t e d p u r p o s e , o f d e a l i n g w i t h p e o p le u n d e r 1 7 y e a r s o f a g e ,
a n d t h e a c t i t s e l f r e c o g n i z e d t h a t f a c t , I r e p e a t , in i t s o w n p r o ­
v is io n s b y p ro v id in g t h a t w h e r e th e y w e r e o v e r 17 y e a r s o f a g e
t h e y m u s t b e s e n t t o t h e i> o lice c o u r t f o r t h e e n f o r c e m e n t o f t h e
p ro v is io n s o f th e la w .

T V E R SID N . T qu
he rC -P E E T he estion is on agreein to th
g
e
am dm t proposed by th S ator from Idah
en en
e en
o.
T e am dm t w agreed to.
h en en as

5802

CONGSESSIONAL RECORD— SENATE.

T h e b i ll w a s r e p o r t e d t o t h e S e n a t e a s a m e n
M r. P I L E S ^ /ld le s ir e * J o je n e v % r^ y a m e n
a n d a s k f o r a rom
T h e V I C E - P E E S t C f t S T . T M f ’w i l l b e
th e r e a n y a m e n d m e n ts to b e re s e rv e d ?
M r. G A L L IN G E R . I d e s ir e to r e s e r v e
o n m o ti o n o f t h e S e n a t o r f r o m M i n n e s o t
in g o u t th e w o rd s “ m e r c a n tile e s ta b lis h '
n e s s o ffic e .”
T h e V IC E -P R E S ID E N T . T h a t a m e n d m e n t w ill b e re s e rv e d .
M r . P I L E S . I h a v e a n a m e n d m e n t p e n d in g , I t h i n k . H a v e I
n o t?
The
V IC E -P R E S ID E N T .
W ith o u t
o b j e c t io n ,
th e
o th e r
f a m e n d m e n t s m a d e a s i n C o m m i t te e o f t h e W h o le w i l l b e c o n
c u r r e d in . T h e q u e s t i o n n o w i s o n c o n c u r r i n g i n t h e a m e n d
m e n t , m a d e a s i n C o m m i t te e o f t h e W h o le , p r o p o s e d b y t h e S e n ­
a t o r fro m M in n e s o ta [M r. N e l s o n ].
M r. N E L S O N . O n t h a t I a s k f o r t h e y e a s a n d n a y s .
M r. T E L L E R . L e t th e a m e n d m e n t b e s ta te d .
T h e V IC E -P R E S ID E N T . T h e a m e n d m e n t w ill be s ta te d .
T h e Secretary. I n s e c ti o n 1, o n p a g e 1, l i n e s 5 a n d 6 , i t i s
p ro p o se d to s tr ik e o u t th e w o rd s “ m e r c a n tile e s ta b lis h m e n t,
s t o r e , b u s i n e s s o ffic e .”
T h e y e a s a n d n a y s w e re o rd e re d , a n d th e S e c re ta ry p ro c ee d ed
t o c a ll t h e r o l l.
M r. C U L L O M ( w h e n h i s n a m e w a s c a l l e d ) .
I tra n s fe r m y
p a i r w i t h t h e j u n i o r S e n a t o r f r o m V i r g i n i a [ M r . M artin ] t o t h e
j u n i o r S e n a t o r f r o m N e w J e r s e y [ M r . B riggs] a n d v o te . I v o t e
“ n a y .”
M r. D A N IE L (w h e n h is n a m e w a s c a lle d ) . I a m p a ir e d w ith
t h e S e n a t o r f r o m N o r t h D a k o t a [ M r . H ansbbough ], a n d t h e r e ­
f o r e w i t h h o l d m y v o te .
M r. D IL L IN G H A M (w h e n h i s n a m e w a s c a l l e d ) .
I a g a in
a n n o u n c e th e tr a n s f e r o f m y g e n e ra l p a ir w ith th e se n io r S e n ­
a t o r f r o m S o u t h C a r o l i n a [ M r . T illm an ] t o t h e s e n i o r S e n a t o r
f r o m K a n s a s [ M r . L ong] a n d v o te . I v o t e “ y e a . ”
M r . T A L I A F E R R O ( w h e n M r , M ilton ’ s n a m e w a s c a l l e d ) .
I w i s h t o a n n o u n c e t h a t my c o ll e a g u e [ M r . M ilton ], w h o is u n ­
a v o id a b ly a b s e n t, is p a ir e d w ith th e S e n a to r fro m N e w Y o rk
[ M r . Platt ],
M r. W A R R E N (w h e n h is n a m e w a s c a l l e d ) . I h a v e a g e n ­
e r a l p a i r w i t h t h e s e n i o r S e n a t o r f r o m M i s s is s i p p i [ M r . M oney ],
b u t o b s e rv in g t h a t o n th e p re v io u s v o te o n t h is s a m e a m e n d ­
m e n t h e v o t e d o n t h e s a m e s i d e o f t h p q u e s t i o n t h a t I d id , I w ill
t a k e t h e l i b e r t y o f v o t in g . I v o t e “ y e a . ”
T h e r o ll c a ll w a s c o n c lu d e d .
M r. D O L L IV E R .
I s h o u l d l i k e t h e R ecord t o s h o w t h a t m y
c o ll e a g u e [ M r. A l l i s o n ] i s p a i r e d w i t h t h e S e n a t o r f r o m M a r y ­
l a n d [M r. R a y n e r ],
T h e r e s u l t w a s a n n o u n c e d — y e a s 29, n a y s 2 7 , a s f o l l o w s :

(

M r. P I L E S ,
o f f e r e d i n C om
e V IC
an at

D illingham

Foraker
Foster
Frazier
Fu lton
G ary
Gore
Johnston
N elson

Bacon
Bou rne
Brandegee
Brow n
B urkett
B urnham
B urrow s

Carter
C lay
Crane
Cullom
Dixon
D olliver
du P ont

Aldrich
A lliso n
B ailey
Beveridge
B riggs
Clarke, Ark.
Culberson
C urtis
D aniel

D avis
Depew
E lkins
Gam ble
H ale
H ansbrough
H em enw ay
K ittredge
L a Follette

Dick

Overm an
P aynter
Perkins
Piles
S cott
Sim m ons
Sm oot
Stephenson

Stew art
T a liaferro
Teller
W arner
W arren

N A Y S — 27.
F lin t
Frye
G allinger
Guggenheim
Heyburn
H opkins
Kean

K nox
Lodge
M cC reary
Owen
sm ittf, Mich.
Stone

r V O T IN G — 36.
Long
M cCum ber
M cE nery
M cL aurin
M artin
M ilton
M oney
N ew lands
N ixon

Penrose
P la tt
Rayner
R ichardson
Sm ith, Md.
Sutherland
T a ylor
Tillm an
W etm ore

S o M r. N elson’s a m e n d m e n t w a s c o n c u r r e d in.
M r. G A L L IN G E R . I m o v e a f t e r t h e w o rd s j u s t s tr ic k e n o u t
to i n s e r t th e w o rd s “ d e p a r tm e n t s to r e ,” so a s to r e a d :
Factory, workshop, departm ent store.

T h e \ IC E -P R E S ID E N T , T h e S e n a to r fro m N ew H a m p s h ire
p ro p o se s a n a m e n d m e n t w h ic h w ill b e s ta te d .
T h e S e c r e t a r y . A f t e r t h e w o r d “ w o r k s h o p , ” in l i n e 5 , o n
p a g e 1, i t i s p r o p o s e d t o i n s e r t t h e w o r d s “ d e p a r t m e n t s t o r e . ”
I h e a m e n d m e n t w a s a g r e e d to .
M r, D O L L I V E R . I n l i n e 3, o n p a g e 5, I d e s i r e t o s u b s t i t u t e
th e w o rd
a ” f o r t h e w o r d “ s u c h , ” s o t h a t i t w ill r e a d
p e rm i t s a c h il d .”




T e am d en w agreed to
h en m t as
,

I re n e w t h e a m e n d m e n t in th e S e n a te w h ic h I
e e ^ > f t h e W h o le ,
E N 2 S f-^ P h e S e n tf r o r ^ r o m W a s h i n g t o n p r o -

The Secretary.
n s e rte d L i n a g e

I t is p ro p o s e d to a d d , a f t e r th e a m e n d m e n t
t th e e n d o f lin e 13, th e fo llo w in g :

A)Hf\ii>i!idccl hrthfr. T h a t the judge o f the Juvenile court o f said
D istrict m ay, upon The' application o f the parent, guardian, or next
friend o f said child, issue a perm it for the em ploym ent o f any child
between the ages of 12 and 1 4 years at any occupation or em ploy­
m ent not in his judgm ent dangerous or injurious to the health or
m orals o f such child, upon evidence satisfactory to him that the labor
o f such child is necessary for its support, or for the assistance o f a
disabled, ill, or invalid fath er or m other, or for the support in whole or
in part o f a younger brother or sister or a widowed m other.
Such
perm its shall be issued for a definite time, but they shall be revocable
at the discretion o f the judge by whom they are issued or by his suc­
cessor in office.
H earings for gran tin g and revoking perm its shall be
held upon such notice and under such rules and regulations as the
judge o f said court shall prescribe.
^ T h e V I C E - P R E S I D E N T . T h e q u e s tio n is o n a g re e in g to th e
a m e n d m e n t p ro p o s e d b y th e S e n a to r fro m W a s h in g to n .
M r. P I L E S . O n t h a t I a s k f o r th e y e a s a n d n a y s .
T h e y e a s a n d n a y s w e re o rd e re d , a n d th e S e c re ta ry p ro ­
c e e d e d t o c a l l t h e r o ll.
M r. D IL L IN G H A M (w h e n h is n a m e w a s c a lle d ) . I a n n o u n c e ,
n o t o n l y o n t h i s v o te , b u t o n a n y o t h e r v o t e t h a t m a y c o m e u p o n
t h i s b i ll , t h e t r a n s f e r o f m y p a i r w i t h t h e s e n i o r S e n a t o r f r o m
S o u t h C a r o l i n a [ M r . T illm an ] t o the s e n i o r S e n a t o r f r o m
K a n s a s [ M r . Long ], a n d I will v o te . I v o t e “ y e a . ”
M r . T A L I A F E R R O ( w h e n M r . M ilton ’s n a m e w a s c a l l e d ) .
I a g a i n a n n o u n c e t h e f a c t t h a t m y c o l l e a g u e [ M r . M ilton ] i s
p a i r e d w i t h t h e S e n a t o r f r o m N e w Y o r k [ M r . P latt ].
M r. W A R R E N (w h e n h is n a m e w a s c a lle d ) . U n d e r th e c ir ­
c u m s ta n c e s I h a v e a lr e a d y a n n o u n c e d r e g a r d in g m y r e g u la r
p a ir , I w ill v o te . I v o te “ y e a .”
T h e r o ll c a ll h a v in g b e e n c o n c lu d e d , t h e r e s u lt w a n a n ­
n o u n c e d — y e a s 3 7 , n a y s 19, a s f o l l o w s :
Y E A S — 37.
Ankeny
Bacon
Borah
Bourne
Brandegee
Bulkeley
Carter
Clapp
Clark. W y o .
Curtis

Dick
D illingham
dn Pont
Foraker
F oster
F razier
F u lton
Ileyburn
Johnston
K n ox

Brow n
B urkett
B urnham
C lay
Crane

Cullom
D ixon
D olliver
F lin t
F rye

Nelson
N ew lands
Overman
P aynter
Penrose
Perkins
Piles
Scott
Sim m ons
Sm ith, M ich.

Aldrich
A llison
B ailey
Bankhead
Beveridge
B riggs
Burrow s
Clarke, Ark.
Culberson

N O T V O T IN G — 36.
D aniel
L a Follette
D avis
Long
Depew
M cCum ber
E lkins
M cE nerv
Gam ble
M cL aurln
H ale
M artin
H ansbrough
M ilton
H em enw ay
M oney
K ittredge
Nixon

Stephenson

Stewart
Stone

Taliaferro
Teller
W arn er
W arren

N A Y S — 19.

I E A S — 29.
Ankeny
Bankhead
Borah
B ulkeley
Clapp
C lark, W yo.

Mat 6,

G atlinger
G ary
Gore
Guggenheim
H opkins

Kean
Lodge
M cCreary

O w en

P la tt
Rayner
R ichardson
Sm ith. Md.
Sm oot
Sutherland
Tnylor
T illm an
W etm ore

S o M r . P iles ’s amendment was agreed to.
T h e b ill w a s o r d e r e d t o b e e n g r o s s e d f o r a t h i r d r e a d i n g , r e a d
t h e t h i r d t im e , a n d p a s s e d .
agricultural appropriation bill.

M r . W A R R E N . M r. P r e s i d e n t , I g a v e n o t i c e y e s t e r d a y t h a t
I e x p e c te d t o c a l l u p t h e a g r i c u l t u r a l a p p r o p r i a t i o n b ill to - d a y .
I t i s p e r f e c t l y o b v i o u s t h a t w e c o u ld p r o c e e d f o r o n l y a s h o r t
t i m e t h i s e v e n i n g . I t h e r e f o r e g iv e n o t i c e t h a t I s h a l l a s k t h e
S e n a te to ta k e i t u p e a r ly to -m o rro w .
executive

session .

M r. C U L L O M . I m o v e t h a t th e S e n a te p ro c e e d to t h e c o n ­
s id e r a tio n o f e x e c u tiv e b u s in e s s .
T h e m o ti o n w a s a g r e e d to , a n d t h e S e n a t e p r o c e e d e d t o t h e
c o n s id e ra tio n o f e x e c u tiv e b u s in e s s . A f te r te n m in u te s s p e n t
in e x e c u t i v e s e s s io n t h e d o o r s w e r e r e o p e n e d , a n d ( a t 5 o 'c lo c k
a n d 5 5 m i n u t e s p . m .) t h e S e n a t e a d j o u r n e d u n t i l to - m o r r o w ,
T h u r s d a y , M a y 7, 190S , a t 1 2 o ’c lo c k m e r i d i a n .

N O M IN A T IO N S .

Executive nominations received by the Senate, May 6, 1908.
APPBAISEB OP MEBCHANDISE.
S a m u e l K r u le w itc h , o f N e w Y o rk , to b e a s s i s t a n t a p p r a is e r
o f m e r c h a n d i s e in t h e d i s t r i c t o f N e w Y o r k , in t h e S t a t e ol
N e w Y o r k , in p l a c e o f G e o r g e W . W a u i n a k e r , p r o m o te d .

1908.

CONGRESSIONAL RECORD— SENATE.

r m r r v e y o f c e r t a i n t o w n s h i p s i n t h e S t a t e o f W y o m in g , r e ­
p o r te d i t w ith a m e n d m e n ts , a n d s u b m itte d a r e p o r t (N o . 6 1 5 )
th e re o n .
,
.
_
l i e a ls o , f r o m t h e s a m e c o m m i tt e e , t o w h o m w a s r e f e r r e d t h e
b i ll ( S . 4 8 2 9 ) a u t h o r i z i n g a r e s u r v e y o f c e r t a i n t o w n s h i p s in
t h e S t a t e o f W y o m in g , s u b m i t t e d a n a d v e r s e r e p o r t ( N o . 6 1 6 )
t h e r e o n , w h i c h w a s a g r e e d to , a n d t h e b i ll w a s p o s t p o n e d i n ­
d e f in i t e l y .
M r. P E R K I N S , f r o m t h e C o m m i t te e o n C o m m e r c e , t o w h o m
w a s r e f e r r e d t h e b i l l ( S . 6 7 8 8 ) t o a m e n d s e c ti o n s 2 5 8 6 a n d
95 S 7 o f t h e R e v is e d S t a t u t e s o f t h e U n i t e d S t a t e s , a s a m e n d e d
b v t h e a c t s o f A p r i l 2 5, 1 8 8 2 , a n d A u g u s t 2 8 , 1 8 9 0 . r e p o r t e d i t
w ith a n a m e n d m e n t, a n d s u b m itte d a r e p o r t (N o . 6 1 7 ) th e re o n .
M r . N E L S O N , f r o m t h e C o m m i t te e o n t h e J u d i c i a r y , t o w h o m
w a s r e f e r r e d t h e b i ll ( S . 6 0 8 ) r e l a t i n g t o p r o o f o f s i g n a t u r e s
a n d h a n d w r itin g , r e p o rte d i t w ith o u t a m e n d m e n t, a n d s u b m itte d
a r e p o r t (N o . 6 1 8 ) t h e r e o n ,
M r T A Y L O R , f r o m t h e C o m m i t te e o n P e n s i o n s , t o w h o m
w a s r e f e r r e d th e b ill (H . I t. 3 6 1 0 ) g r a n tin g a p e n s io n to J a m e s
M . F itc h , r e p o rte d i t w ith o u t a m e n d m e n t, a n d s u b m itte d a re ­
p o r t (N o . 6 1 9 ) th e re o n .
,
M r. G A L L IN G E R . I a m d ir e c te d b y th e J o i n t S e le c t C m m itte e
o n D i s p o s i t i o n o f P a p e r s in E x e c u t i v e D e p a r t m e n t s , t o w h o m
w a s r e f e r r e d th e le t t e r fro m th e A c tin g S e c r e ta r y o f th e T r e a s ­
u r y s u b m i t t i n g s c h e d u le s o f p a p e r s , d o c u m e n t s , a m l s o f o r t h , o n
t h e t il e s o f t h e D e p a r t m e n t a n d o f n o f u r t h e r u s e i n t h e t r a n s ­
a c t i o n o f t h e p u b l ic b u s i n e s s , t o s u b m i t a r e p o r t ( N o . 6 2 1 )
th e re o n .
,
, ,,
T h e V I C E - P R E S I D E N T . T h e r e p o r t w i l l b e p r i n t e d a n d l ie
on th e ta b le .
A ir. P I L E S , f r o m t h e C o m m i t t e e o n C o m m e r c e , t o w h o m w a s
r e f e r r e d t h e 'a m e n d m e n t s u b m i t t e d b y M r . A n k e n y o n t h e 6 t h
i n s t a n t p r o p o s i n g t o a p p r o p r i a t e $ 2 4 ,0 0 0 f o r t h e c o n s t r u c t i o n
o f a w h a r f a n d s to re h o u s e s th e re o n a t W a a d d a h Is la n d , N e a h
B a y , W a s h in g to n , f o r t h e u s e o f th e U n ite d S ta te s R e v e n u e C u t t e r S e r v i c e , i n t e n d e d t o b e p r o p o s e d t o t h e s u n d r y c iv il a p ­
p r o p r ia tio n b ill, r e p o rte d fa v o ra b ly th e r e o n a n d m o v e d t h a t it
b e p r in te d a n d , w ith th e a c c o m p a n y in g p a p e rs , r e f e r r e d to th e
C o m m i t te e o n A p p r o p r i a t i o n s , w h i c h w a s a g r e e d to .
M r . M c C U M B E R , f r o m t h e C o m m i t te e o n P e n s i o n s t o w h o m
w a s r e f e r r e d th e a m e n d m e n t o f th e H o u s e to th e a m e n d m e n ts
o f t h e S e n a t e t o t h e b i ll ( I I . R . 1 7 8 7 4 ) g r a n t i n g p e n s i o n s a n d
i n c r e a s e o f p e n s i o n s t o c e r t a i n s o l d i e r s a n d s a i l o r s o f t h e c iv il
w a r a n d c e r ta in w id o w s a n d d e p e n d e n t c h ild re n o f s o ld ie rs o f
s a id w a r, r e p o rte d i t w ith a m e n d m e n ts a n d s u b m itte d a s u p p le ­
m e n ta l r e p o r t (N o . 443, p a r t 2 ) th e re o n .
M r. P E N R O S E , f r o m t h e C o m m i t t e e o n P o s t- O f f ic e s a n d P o s tR o a d s , to w h o m w a s r e f e r r e d th e b ill ( H . R . 1 8 3 4 7 ) m a k in g
a p p r o p r i a t i o n s f o r t h e s e r v i c e o f t h e P o s t- O f f ic e D e p a r t m e n t
f o r t h e f is c a l y e a r e n d i n g J u n e 3 0 , 1 9 0 9 , a n d f o r o t h e r p u r p o s e s ,
^ p o r t e d i t w ith a m e n d m e n ts a n d s u b m itte d a r e p o r t (N o . 6 2 2 )
^ t i u tt c o n .
M r . O W E N , f r o m t h e C o m m i t te e o n I n d i a n A f f a i r s , t o w h o m
W a s r e f e r r e d t h e b i ll ( S . 5 6 0 1 ) t o p r o v i d e f o r t h e s a l e o f t i m b e r
° n th e s e g r e g a te d c o a l a n d a s p h a lt la n d s o f th e C h o c ta w a n d
C h ic k a s a w n a tio n s f o r u s e in c o a l a n d a s p h a lt m in in g o p e r a ­
tio n s , a n d f o r o th e r p u rp o s e s , re p o rte d i t w ith a n a m e n d m e n t
flu d s u b m i t t e d a r e p o r t ( N o . 6 2 3 ) t h e r e o n .
H e a ls o , f r o m t h e s a m e c o m m i tt e e , t o w h o m w a s r e f e r r e d t h e
" ill ( S . 428S ) to e m p o w e r t h e C o u r t o f C la im s to h e a r a n d d e ­
t e r m i n e t h e c l a i m s o f R o b e r t V . B e i t a n d J o s e p h P . M u lle n f o r
s e rv ic e s a n d e x p e n s e s f o r t h e C h o c ta w a n d C h ic k a s a w fre e d r e p o r t e d i t w i t h a m e n d m e n t s a n d s u b m i t t e d a r e p o r t (N o .
® 24) t h e r e o n .
H e a ls o , f r o m t h e s a m e c o m m i tt e e , t o w h o m w e r e r e f e r r e d
t h e f o l lo w in g b i l l s a n d j o i n t r e s o l u t i o n , r e p o r t e d t h e m s e v e r a l l y
W ith o u t a m e n d m e n t a n d s u b m i t t e d r e p o r t s t h e r e o n :
A b i ll ( S . 5 1 6 3 ) t o a u t h o r i z e t h e S e c r e t a r y o f t h e I n t e r i o r
t o s e g r e g a t e f o r t o w n s i t e s c e r t a i n l a n d s b e lo n g i n g t o t h e
C h ic k a s a w trib e s , a n d f o r o th e r p u rp o s e s ( R e p o r t N o. 6 2 5 ) ;
A b ill ( $ , C 9 3 0 ) t o p a y c e r t a i n C h e r o k e e c i t i z e n s m o n e y s t o
w h ic h th e y h a v e b e e n fo u n d e n title d b y th e S u p re m e C o u rt
(R e p o rt N o. 626) ; a n d
A j o in t r e s o lu tio n (S . R . 6 7 ) e m p o w e rin g th e C o u r t o f C la im s
to a s c e r t a i n t h e a m o u n t o f t h e “ c i v i l i z a t i o n f u n d ” p a i d b y
t h e O s a g e s a n d t i p p l i e d t o t h e b e n e f it o f o t h e r I n d i a n s , a n d f o r
^ I h e r p u rp o s e s ( R e p o r t N o. 6 2 7 ).
PRIVATE SIGNALS AT SEA.

M r. F r y e . I a m d i r e c t e d b y t h e C o m m i t t e e o n C o m m e r c e ,
t o w h o m w a s r e f e r r e d t h e b i ll ( S . 6 8 5 8 ) t o p r o v i d e f o r p r i v a t e
^ i g n a ls a t s e a , t o r e p o r t I t f a v o r a b l y , w i t h a n a m e n d m e n t , a n d
1 s u b m i t a r e p o r t ( N o . 6 1 1 ) t h e r e o n . I t w ill n o t t a k e m o r e 't h a n
n f e w s e c o n d s t o p a s s t h e b ill, a n d I a s k u n a n i m o u s c o n s e n t
t h a t i t m a y b e c o n s id e re d n o w .




5 8 4 5

T h e S e c r e t a r y r e a d t h e b ill, a n d t h e r e b e in g n o o b j e c t io n , t h e
S e n a te , a s i n C o m m i t te e o f t h e W h o le , p r o c e e d e d t o i t s c o n s i d ­
e r a tio n .
T h e a m e n d m e n t w a s t o a d d a t t h e e n d o f t h e b ill a n e w s e c ­
tio n , a s fo llo w s :
S ec .

2.

T h is act shall take effect sixty days after approval.

S o a s t o m a k e t h e b i ll r e a d :

lie it enacted, etc., T h a t if a shipowner desires to use for the pur­
pose of a private code an y rockets, lights, or other sim ilar signals, he
m ay register those signals and house flags and funnel marks w ith the
Com m issioner o f N avigation, who shall give public notice from tim e
to time o f the signals, house flags, and funnel marks so registered in
such m anner as he m ay think requisite for preventing those signals
from being m istaken for signals of distress or signals for pilots.
The
Com m issioner o f N avigation m ay refuse to register any signals which
in his opinion can not easily be distinguished from signals of distress,
signals for pilots, or signals prescribed by law s for preventing col­
lisions.
S ec . 2. T h is act shall take effect sixty days after approval.
T h e a m e n d m e n t w a s a g r e e d to .
T h e b i ll w a s r e p o r t e d t o t h e S e n a t e a s a m e n d e d , a n d t h e
a m e n d m e n t w a s c o n c u r r e d in .
T h e b ill w a s o r d e r e d t o b e e n g r o s s e d f o r a t h i r d r e a d i n g , r e a d
t h e t h i r d t im e , a n d p a s s e d .
POCAHONTAS MEMORIAL.

M r. D A N IE L . I a m i n s tr u c te d b y t h e C o m m itte e o n t h e
L i b r a r y , t o w h o m w a s r e f e r r e d t h e b i ll ( S . 4 4 5 3 ) p r o v i d i n g f o r
a m e m o ria l c o m m e m o ra tin g th e p r e s e r v a tio n o f th e f ir s t p e r ­
m a n e n t s e t t l e m e n t o f t h e E n g l i s h - s p e a k i n g p e o p le o n t h e W e s t ­
e r n H e m is p h e r e , t o r e p o r t i t f a v o r a b l y w i t h a n a m e n d m e n t i n
th e n a tu r e o f a s u b s titu te a n d a n a m e n d e d title , a n d I s u b m it a
r e p o r t (N o . 6 2 0 ) th e re o n . I a s k fo r th e p r e s e n t c o n s id e ra tio n
o f t h e b i ll .
M r. P r e s id e n t, I w ill b rie fly e x p la in i t
T h e b i ll p r o v i d e s f o r
a n a p p r o p r i a t i o n o f $ 5 ,0 0 0 t o c o m p l e te t h e p a y m e n t f o r t h e
m o n u m e n t o f P o c a h o n t a s o n J a m e s t o w n I s l a n d . A ll b u t t h a t
a m o u n t a n d $ 1 ,5 0 0 h a s b e e n r a i s e d . T h e r e s t i s p r o p o s e d t o b e
r a is e d a n d w ill u n d o u b te d ly b e r a is e d b y th e la d ie s a n d g e n tle ­
m e n o f th e A s s o c ia tio n f o r th e P r e s e r v a tio n o f V ir g in ia A n tiq u i­
tie s . T h e c o m m itte e h a s c o n s id e re d t h e m a t t e r c a r e f u lly a n d
th in k s t h a t th is is a p ro p e r a p p ro p ria tio n a n d fo r a w o rth y
p u rp o se .
M r. W A R R E N . I w ill n o t o b je c t to t h e p r e s e n t c o n s id e ra tio n
o f th e b ill if i t d o e s n o t le a d to d is c u s s io n .
M r . D A N I E L . I t h i n k i t w i l l n o t.
M r. W A R R E N . B u t I s h a ll fe e l c o n s tr a in e d to o b je c t to a n y
o t h e r b i ll b e in g c o n s i d e r e d t h i s m o r n in g .
T h e V IC E - P R E S I D E N T . T h e b ill w ill b e r e a d f o r th e in ­
f o r m a t i o n o f t h e S e n a te .
T h e S e cr e ta r y. T h e c o m m itte e r e p o r ts to s tr ik e o u t a ll a f t e r
th e e n a c tin g c la u s e a n d I n s e r t:
T h a t there is hereby appropriated, out o f any money in the T reas­
ury not otherwise appropriated, the sum o f $ 5 ,0 0 0 to the Pocahontas
M em orial Association to aid in com pleting and erecting at Jam estow n,
Y a ., a suitable m onum ent to com m em orate the preservation o f the first
perm anent settlem ent o f the English-speaking people on the W estern
H em isphere at Jam estow n, V a ., through the intervention o f the Indian
princess. Pocahontas.
Sec. 2. T h at the Secretary of the Treasury be. and is hereby, author­
ized and directed to pay said- sum to the treasurer o f the said Poca­
hontas M em orial A s s o c ia tio n : Provided, T h at the treasurer o f the said
Pocahontas M em orial A ssociation shall, before receiving the am ount
herebv appropriated or any part thereof, give a bond to the U nited
States in the sum o f $ 5 ,0 0 0 , with surety or sureties to be approved by
the Secretary o f the Treasury, conditioned upon his fa ith fu lly disburs­
ing the money hereby appropriated for the purpose and in the manner
herein specified, and rendering an itemized account o f such disbursements,
w ith satisfactory vouchers, to the Auditor o f the T reasu ry for the
State and other Departm ents, said account to oe first certified and ap­
proved by the legal counsel o f the said Pocahontas Memorial Associa­
t i o n : Provided further, T h a t the design o f said monument, together w ith
the site upon which it is to be erected, shall first be approved by the
Secretary o f the Treasury and the said Pocahontas M em orial Associa­
tion : Provided further, T h a t no part o f the money hereby appropriated
shall be so paid until the said Pocahontas M em orial Association shall
have raised and paid on said monum ent an equal sum o f $ o ,0 0 0 , and
satisfactory vouchers therefor presented to the Secretary o f the T reas­
ure- • Provided further, T h a t no part o f said money shall be paid until
the "site upon which said monum ent shall be erected shall have been
lon-ited granted, or otherwise set apart and secured for said p u rp o se:
4nrf provided further, T h at when said m onum ent is erected the respon­
sibility for the care, keeping, and preservation o f the sam e shall he
*nd remain with the Pocahontas M em orial A ssociation, it being ex­
pressly understood th at the U nited States shall have no responsibility
therefor.

T h e V I C E - P R E S I D E N T . I s th e r e o b je c tio n to th e p r e s e n t
c o n s i d e r a t i o n o f t h e b i ll ?
T h e r e b e in g n o o b j e c t io n , t h e b ill w a s c o n s i d e r e d a s in C o m ­
m i t t e e o f t h e W h o le .
T h e V IC E -P R E S ID E N T . T h e q u e s tio n is o n a g r e e in g to th e
a m e n d m e n t o f t h e c o m m i tt e e .

T am dm t w agreed to.
he en en as




5846

CONGRESSIONAL RECORD— SENATE.

T h e b i ll w a s r e p o r t e d t o t h e S e n a t e a s a m e n d e d , a n d t h e
a m e n d m e n t w a s c o n c u r r e d Id .
T h e b ill w a s o rd e re d to b e e n g ro s s e d f o r a t h ir d re a d in g , r e a d
t h e t h i r d t im e , a n d p a s s e d .
T h e t i t l e w a s a m e n d e d so a s t o r e a d : “ A b i l l to a i d in t h e
e r e c t i o n o f a m o n u m e n t t o P o c a h o n t a s a t J a m e s t o w n , V a .”
EMPLOYMENT OF STENOGRAPHER.

M r . K E A N , f r o m t h e C o m m i t te e t o A u d i t a n d C o n t r o l t h e C o n ­
t i n g e n t E x p e n s e s o f t h e S e n a te , to w h o m w a s r e f e r r e d t h e r e s o ­
l u t i o n s u b m i t t e d by M r. H e y b l r n o n t h e 6 t h i n s t a n t , r e p o r t e d i t
w ith o u t a m e n d m e n t, a n d i t w a s c o n s id e re d b y u n a n im o u s c o n ­
s e n t a n d a g r e e d to , a s f o l l o w s :

Resolved, T h at the Com m ittee on M anu factures be, and the sam e is
hereby, authorized to em ploy a stenographer from time to time, as may
be necessary, to report such hearings as m ay be had on bills or other
m atters pending before said com m ittee, and to have the sam e printed
for the use o f the committee, and that such stenographer be paid out
of the contingent fund of the Senate,
BILLS INTRODUCED.

M r . N E L S O N i n t r o d u c e d a b ill ( S . 7 0 0 4 ) r e s t r i c t i n g t h e p r a c ­
t i c e o f m e d i c in e a n d s u r g e r y i n t h e d i s t r i c t o f A l a s k a , w h i c h
w a s r e a d t w i c e b y i t s t i t l e a n d r e f e r r e d t o t h e C o m m i t te e o n
T e rrito rie s ,
M r . L O D G E i n t r o d u c e d a b i ll ( S . 7 0 0 5 ) t o i n c o r p o r a t e t h e
N a tio n a l S o c ie ty f o r th e P ro m o tio n o f I n d u s t r i a l E d u c a tio n ,
w h i c h w a s r e a d t w i c e b y i t s t i t l e a n d r e f e r r e d to t h e C o m m i t te e
o n th e J u d ic ia ry .
H e a l s o i n t r o d u c e d a b i ll ( S . 7 0 0 6 ) g r a n t i n g p e r m i s s i o n to
R e a r - A d m ir a l C. H . D a v is , U n ite d S ta te s N a v y , to a c c e p t a s il­
v e r c u p a n d s a lv e r a n d a s ilv e r p o u c h b o w l a n d c u p s te n d e re d
t o h i m b y t h e B r i t i s h a n d R u s s i a n a m b a s s a d o r s , r e s p e c t iv e l y , in
th e n a m e o f t h e i r G o v e rn m e n ts , w h ic h w a s r e a d tw ic e b y its
t i t l e a n d r e f e r r e d t o t h e C o m m i t te e o n F o r e i g n R e l a t i o n s .
H e a ls o in tr o d u c e d a b ill (S . 7 0 0 7 ) a u th o r iz in g th e S e c r e ta r y
o f W a r to b e s to w a m e d a l o f h o n o r o n S a m u e l T u r k in g to n ,
w h ic h w a s r e a d tw ic e b y i t s tit l e a n d , w ith th e a c c o m p a n y in g
p a p e r , r e f e r r e d t o t h e C o m m i t te e o n M i l i t a r y A f f a ir s .
M r. G A R Y in tr o d u c e d a b ill ( S . 7 008) f o r th e r e lie f o f th e
U n iv e r s ity o f S o u th C a ro lin a , w h ic h w a s r e a d tw ic e b y i ts
tit l e a n d , w ith th e a c c o m p a n y in g p a p e r , r e f e r r e d to th e C o m m it­
t e e o n C la im s .
M r . B U R R O W S i n t r o d u c e d a b i ll ( S . 7 0 0 9 ) g r a n t i n g a p e n ­
s io n to J u l i a S c rib n e r, w h ic h w a s r e a d tw ic e b y its tit l e a n d ,
w i t h t h e a c c o m p a n y i n g p a p e r s , r e f e r r e d t o t h e C o m m i t te e o n
P e n s io n s .
M r . C L A Y i n t r o d u c e d a b ill ( S . 7 0 1 0 ) f o r t h e r e l i e f o f t h e
M a r i e t t a B a p t i s t C h u r c h , o f M a r i e t t a , G a ., w h i c h w a s r e a d
tw ic e b y i t s t i t l e a n d r e f e r r e d to t h e C o m m i t te e o n C la im s .
M r . B U R K E T T i n t r o d u c e d a b i ll ( S . 7 0 1 1 ) g r a n t i n g a n i n ­
c r e a s e o f p e n s io n to W i l l i a m L i e b h a r t , w h i c h w a s r e a d t w i c e
b y i t s t i t l e a n d r e f e r r e d to t h e C o m m i t te e o n P e n s i o n s .
M r . P A Y N T E R i n t r o d u c e d a b i ll ( S . 7 0 1 2 ) r e f e r r i n g t h e c la i m
o f W . C . M c C le lla n d , f i r e m a n a n d e n g in e e r , e m p lo y e d b y t h e
U n ite d S ta te s G o v e rn m e n t o n th e L o u is v ille a n d P o r tla n d C a n a l
L o c k s , o n t h e O h io R i v e r , a t L o u is v il l e , K y „ t o t h e C o u r t o f
C la im s , w h i c h w a s r e a d t w i c e b y i t s t i t l e a n d r e f e r r e d t o t h e
C o m m i t te e o n C la im s .
M r . C A R T E R ( b y r e q u e s t ) i n t r o d u c e d t h e f o l lo w in g b i l l s ,
w h ic h w e re s e v e ra lly r e a d tw ic e b y t h e i r t it l e s a n d r e f e r r e d
t o t h e C o m m i t te e o n C l a i m s :
A b i l l ( S . 10 1 3 ) f o r t h e r e l i e f o f G e o r g e D . A c k e r a n d o t h e r s *
and
A b i ll ( S . 7 0 1 4 ) f o r t h e r e l i e f o f S h r e v e A c k le y a n d o t h e r s .
M r . C L A R K E o f A r k a n s a s i n t r o d u c e d a b i ll ( S . 7 0 1 5 ) f o r
t h e r e l i e f o f t h e v e s t r y o f T r i n i t y P r o t e s t a n t E p is c o p a l C h u r c h ,
o f V a n B u r e n , A r k ., w h i c h w a s r e a d t w i c e b y i t s t i t l e a n d re^
f e r r e d t o t h e C o m m i t te e o n C la im s .
M r . F O R A K E R i n t r o d u c e d t h e f o l lo w in g b i ll s , w h i c h w e r e
s e v e ra lly r e a d tw ic e b y t h e i r t it l e s a n d , w ith th e a c c o m p a n y in g
p a p e r s , r e f e r r e d to t h e C o m m i t te e o n P e n s i o n s :
A b ill ( S . 7 0 1 6 ) g r a n t i n g a n i n c r e a s e o f p e n s i o n t o G e o r g e W .
B a k e r;
A b i ll ( S . 7 0 1 7 ) g r a n t i n g a n i n c r e a s e o f p e n s i o n t o H e l e n L .
S e y m o u r;
A b i ll ( S . 7 0 1 8 ) g r a n t i n g a p e n s i o n t o D a n a A . S m a l l e y ;
A b ill (S . 7 0 1 9 ) g r a n tin g a n in c re a s e o f p e n s io n to L .
L apham ;
A b i ll ( S . 7 0 2 0 ) g r a n t i n g a p e n s i o n t o J o h n T . R o s e ;
A b i l l ( S . 7 0 2 1 ) g r a n t i n g a n i n c r e a s e o f p e n s i o n to J o s e
S to n e ro c k ; a n d
T o w n le y ( S ‘ 7 0 2 2 > g r a n t i n g aQ i n c r e a s e o f p e n s i o n t o W . '
M r. G A L L I N G E R i n t r o d u c e d a b ill ( S . 7 0 2 4 ) g r a n t i n g a t
I n c r e a s e o f p e n s io n t o R e u b e n R a y , w h i c h w a s r e a d t w i c e b]

May 7,

its tit l e a n d , w ith th e a c c o m p a n y in g p a p e rs , r e fe r r e d to th e
C o m m i t te e o n P e n s i o n s .
M r. H A L E in tro d u c e d a b ill (S . 7 0 2 5 ) g r a n ti n g a n in c r e a s e
o f p e n s io n to R o d n e y N . H a ll, w h ic h w a s r e a d tw ic e b y its
t i t l e a n d r e f e r r e d t o t h e C o m m i t te e o n P e n s i o n s .
AMENDMENTS TO APPROPRIATION BILLS.

M r. d u P O N T s u b m itte d a n a m e n d m e n t p ro p o s in g to a p p r o ­
p r i a t e $ 1 0 ,4 6 6 .2 7 t o r e i m b u r s e L y d i a C . S w a y n e , e x e c u t r i x o f
C h a r l e s S w a y n e , d e c e a s e d , f o r e x p e n s e s i n c u r r e d b y h im in
m a k i n g d e f e n s e t o t h e i m p e a c h m e n t p r o c e e d in g s b r o u g h t a g a i n s t
h im i n t h e F i f t y - e i g h t h C o n g r e s s , i n t e n d e d t o b e p r o p o s e d b y
h i m t o t h e g e n e r a l d e f ic ie n c y a p p r o p r i a t i o n b ill, w h i c h w a s r e ­
f e r r e d t o t h e C o m m i t te e o n t h e J u d i c i a r y a u d o r d e r e d t o b e
p r in te d .
M r. F L I N T s u b m itte d a n a m e n d m e n t p ro p o s in g to a p p r o p ri­
a t e $ 1 0 0 ,0 0 0 f o r t h e p r o t e c t i o n a n d i m p r o v e m e n t o f t h e Y o s e m ite
N a tio n a l P a r k , in te n d e d to b e p ro p o s e d b y h im to th e s u n d r y
c iv i l a p p r o p r i a t i o n b i ll , w h i c h w a s r e f e r r e d t o t h e C o m m i t te e
o n A p p ro p ria tio n s a n d o rd e re d to be p rin te d .
M r. F R A Z I E R s u b m itte d a n a m e n d m e n t p ro p o s in g to a p p r o ­
p r i a t e $ 2 5 ,0 0 0 f o r t h e r e p a i r , i m p r o v e m e n t , a n d c a r e o f “ T h e
H e r m i t a g e , ” i n D a v i d s o n C o u n t y , T e n n ., i n t e n d e d t o b e p r o ­
p o s e d b y h i m t o t h e s u n d r y c iv i l a p p r o p r i a t i o n b ill, w h i c h w a s
r e f e r r e d t o t h e C o m m i t te e o n A p p r o p r i a t i o n s a n d o r d e r e d t o b e
p r in te d .
M r . F R Y E s u b m i t t e d a n a m e n d m e n t p r o p o s i n g to a p p r o p r i a t e
$G 50,000 f o r t h e p u r c h a s e o r c o n d e m n a t i o n o f a l l t h e l a n d u o w
in p r i v a t e o w n e r s h i p o n C u s h i n g s I s l a n d , P o r t l a n d , M e ., i n ­
t e n d e d to b e p r o p o s e d b y h i m t o t h e s u n d r y c iv i l a p p r o p r i a t i o n
b ill, w h i c h w a s o r d e r e d t o b e p r i n t e d a n d , w i t h t h e a c c o m p a n y ­
i n g p a p e r s , r e f e r r e d t o t h e C o m m i t te e o n A p p r o p r i a t i o n s .
M r, I IE Y B U R N s u b m itte d a n a m e n d m e n t p ro p o s in g to a p p r o ­
p r i a t e $ 1 ,5 0 0 t o p a y C . E . A ld e n f o r s e r v i c e s r e n d e r e d a n d a s ­
s i s t a n c e e m p lo y e d in p r e p a r i n g a n i n d e x t o t h e c o m p i l a t i o n o f
r u le s a n d re g u la tio n s g o v e rn in g th e v a r io u s E x e c u tiv e D e ­
p a r t m e n t s , i n t e n d e d to b e p r o p o s e d b y h im t o t h e g e n e r a l d e f i­
c ie n c y a p p r o p r i a t i o n b ill, w h i c h w a s r e f e r r e d t o t h e C o m m i t te e
o n P r in tin g a n d o rd e re d to b e p rin te d .
H e a ls o s u b m i t t e d a n a m e n d m e n t p r o p o s i n g t o a p p r o p r i a t e
$ 2 5 ,0 0 0 f o r t h e e s t a b l i s h m e n t o f a f i s h - c u l t u r a l s t a t i o n i n t h e
S t a t e o f I d a h o , i n t e n d e d t o b e p r o p o s e d by h i m t o t h e sundry
c iv i l a p p r o p r i a t i o n b i ll , w h i c h w a s r e f e r r e d t o t h e C o m m i t te e
on A p p ro p ria tio n s a n d o rd e re d to b e p rin te d .
H e a ls o s u b m i t t e d a n a m e n d m e n t p r o v i d i n g f o r t h e p u r c h a s e
o f c e r t a i n p a r c e l s o f l a n d i n t h e D i s t r i c t o f C o lu m b ia , i n t e n d e d
to b e p r o p o s e d b y h im t o t h e s u n d r y c iv i l a p p r o p r i a t i o n b ill,
w h ic h w a s r e f e r r e d t o t h e C o m m i t te e o n A p p r o p r i a t i o n s a n d
o rd e re d to b e p rin te d .
H e a ls o s u b m itte d a n a m e n d m e n t p r o v id in g f o r th e s u rv e y ,
w ith o u t r e g a r d to s e ttle m e n t th e re o n , o f a ll p u b lic la n d s , r e ­
s e rv e d a n d u n re s e rv e d , o f th e U n ite d S ta te s n o w u n s u rv e y e d
w i t h i n t h e S t a t e s o f I d a h o , O r e g o n , M o n t a n a , C a l i f o r n i a , e tc .,
i n t e n d e d t o b e p r o p o s e d b y h i m t o t h e s u n d r y c iv i l a p p r o p r i a ­
t i o n b i ll , w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n A p p r o p r i a ­
tio n s a n d o rd e re d to b e p rin te d .
H e a ls o s u b m itte d a n a m e n d m e n t p ro p o s in g to a p p r o p r ia te
$ 2 5 ,0 0 0 f o r t h e a s c e r t a i n m e n t , s u r v e y , m a r k i n g , a n d p e r m a n e n t
e s t a b l i s h m e n t o f t h e b o u n d a r y l in e b e tw e e n t h e S t a t e o f I d a h o
a n d t h e S t a t e o f W a s h in g t o n , e tc ., i n t e n d e d t o b e p r o p o s e d b y
h i m to t h e s u n d r y c iv i l a p p r o p r i a t i o n b ill, w h i c h w a s r e f e r r e d
t o t h e C o m m i t te e o n A p p r o p r i a t i o n s a n d o r d e r e d t o b e p r i n t e d .
AMENDMENT TO OMNIBUS PUBLIC BUILDINGS BILL.

M r , F O R A K E R s u b m i t t e d a n a m e n d m e n t p r o p o s i n g t o a p p ro *
p r i a t e $ 1 9 0 ,0 0 0 to i n c r e a s e t h e l i m i t o f c o s t o f t h e p u b l ic b u i l d ­
i n g a t N e w a r k , O h io , i n t e n d e d t o b e p r o p o s e d b y h i m t o t h e
o m n i b u s p u b l ic b u i l d i n g s b ill, w h i c h w a s r e f e r r e d t o t h e C o m ­
m itte e o n P u b lic B u ild in g s a n d G ro u n d s a n d o rd e re d to be
p rin te d .
AMENDMENT TO OMNIBUS CLAIMS BILL.

M r. F R A Z I E R s u b m itte d a n a m e n d m e n t in te n d e d to b e p ro p o s e d t o H o u s e b i ll 1 5 3 7 2 , k n o w n a s t h e “ o m n ib u s c l a i m s b i ll ."
w h i c h w a s o r d e r e d t o l ie o n t h e t a b l e a n d b e p r i n t e d .
AIDS TO NAVIGATION.

M r. K E A N s u b m i t t e d a n a m e n d m e n t i n t e n d e d t o b e proposed
b y h i m t o t h e b i ll ( H . R . 2 0 7 8 4 ) t o a u t h o r i z e a d d i t i o n a l a i d s
to n a v ig a tio n in th e L ig h t-H o u s e E s ta b lis h m e n t, a n d fo r o th e r
p u r p o s e s , w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n C o m m e r c e
a n d o r d e r e d to b e p r i n t e d .
RAILROAD FREIGHT RATES.

T h e V IC E -P R E S ID E N T . I f th e r e a r e n o c o n c u rre n t o r o th e r
r e s o l u t i o n s t h e m o r n i n g b u s i n e s s i s c lo s e d .

5969

CONGRESSIONAL RECORD— SENATE.

1908.

zens of Dietz, Big Muddy, and Sheridan, all m the State of
monts to the so-called “ Sherman antitrust law
relating to
Wyoming, praying for the adoption of certain amendments to me
labor organizations, which were referred to the Committee on
so-called ~ Sherman antitrust law ” relating to labor organiza­
the Judiciary.
,
. .
, ' tions, which were referred to the Committee on the judicial j .
He also (for Mr. H ansbrough ) presented a memorial oi i
PENSIONS AND INCREASE OF PENSIONS.
sundry business firms of Aneta. X. Dak., remonstrating against .
Mr. McCUMBER. I am directed by the Committee on Pen­
the passage of the so-called “ rural parcels-post lull, n lia h i
was referred to the Committee on Po^t-Offices and Post-Loads. | sions, to whom was referred the bill (H . R. 1580) granting
lie also (for Mr. H anshrougii) presented petitions of sundry ; pensions and increase of pensions to certain soldiers and sai o citizens and labor organizations o f Enderlin and Jamestown, in of the civil war and to certain widows and dependent reiam
the State of North Dakota, praying for the adoption of certain of such soldiers and sailors, as amended bv the House, to sum­
amendments to the so-called “ Sherman antitrust law ^ minting mit a report (No. 635) thereon, and I move that the Senate con­
to labor organizations, whieli were referred to the Committee cur in the House amendment to the amendments ot the feei. .
The motion was agreed to.
on the Judiciary.
, , . T
,
He also (for Mr. H ansurough) presented a memorial of Local
REPORTS OF COMMITTEES.
Union No. 12018, American Federation of Labor, of Jamestown.
Mr. SMOOT, from the Committee on Claims, to whom were
X. Dak., remonstrating against the enactment of legislation to
referred the following bills, reported them severally without
extend the right of naturalization, which was referred to the
amendment, and submitted reports thereon j
Committee on Immigration.
A bill (S. 6373) waiving the statute of limitations as to the
He also (for Mr. H ansbrough ) presented a petition of the
claim of the Nestler Brewing Company, and authorizing the
American Society of Equity, of Manvel. N. Dak., and a lietitiou
Commissioner of Internal Revenue to adjudicate the same
of sundry citizens of Brazil, X . Dak., praying for the enactment
„
,„
, X
T
of legislation providing for the inspection and grading of gram (Report No. 6 3 3 ); and
A bill (S. 6923) for the relief of John M. Kelly. (Report No.
under Federal control, which were referred to the Committee on
Go-t)
Agriculture and Forestry.
__
Mr. FRYE, from the Committee on Commerce, to whom was
Mr. PLATT presented a petition of the Westchester W om ans
referred the amendment submitted by Mr. P u l t o n < n the 8th
>
Club, of Mount Vernon, N. V.. praying for the enactment of leg­
instant proposing to appropriate $3,000 for the construction of a
islation to conserve the natural resources of the 1 jilted . ta os.
which was referred to the Committee on Forest Reservations , launch for the use of the customs service at or in the vicinity
j of Portland, Oreg., intended to be proposed to the sundry civil
and the Protection of Game.
appropriation bill, reported favorably thereon, and moved that it
He also presented petitions of sundry citizens of Albany.
lie printed and, with the accompanying papers, referred to the
Brooklyn, and Green Island, ail in the State of New York, pray­
Committee on Appropriations, which was agreed to.
ing for the adoption of certain amendments to the so-called
Mr. NELSON, from the Committee on Public Lands, to whom
* “ Sherman antitrust law ” relating to labor organizations, winch
: was referred the amendment submitted by Mr. C arter on the
were referred to the Committee on the Judiciary.
Mr. DICK presented petitions of sundry citizens and labor sth instant, providing for a public land survey of the Fort
organizations of Massillon. Columbus, Canton, and Bel la ire. all Keogh Military Reservation, in Montana, intended to be pro­
p o s e d to tlie sundry civil appropriation bill, reported it with an
in the State of Ohio, praying for the adoption of certain amend­
amendment, and moved that it be printed and, with the accom­
ments to the so-called “ Shernmn antitrust law " relating to
panying paiiers, referred to the Committee'on Appropriations,
labor organizations, which were referred to the Committee oil
j which was agreed to.
the Judiciary.
b il l s in t r o d u c e d .
Ho also presented a memorial of the Jeffrey Manufacturing
Mr. BROWN introduced a bill (8. 7055) granting an increase
Company and the O hio Malleable Iron Company, of ( olumbus,
Ohio, remonstrating a g a in st the passage of the so-called "a n ti- of jiension to Janies M. Thomas, which was read twice y
injunction bill,” which was referred to the Committee on the tiiic and referred to the Committee on Pensmus.
Mr. OWEN introduced the fo llo w in g b ills * » *
Judiciary.
)
He also presented a memorial of the Merchants' Association ally read twice by their titles and refeiit
of New York, remonstrating against the passage of the so-called
"
X
unthortelns t ie Secretory of t ie Interior to'‘‘Aldrich currency bill,” which was ordered to lie on the table.
.il a certain' tract of la.,,1 for
f , ' I K S e o? OklaHe also presented a memorial of the Consolidated Hopewell C a
Company, of Cincinnati, Ohio, and the memorial of J. W\ Cree­ j A bill (S. 7057) granting certain lands to the State oi UKia
ling, of Cincinnati, Ohio, remonstrating against the enactment jhoma.
- ako'i trranting a pension to
of legislation to regulate the Interstate trans]>ortation of intoxi­
cating liquors, which were ordered to lie on the table.
Mr. W ARREN presented a petition of sundry citizens of Sher­
idan, Wyo., praying for the adoption of certain a m en d m en ts to
"\ lr r i R T I S introduced a bill (S. 7050) for tlie relief of
the so-called “ Sherman antitrust law ” relating to labor organ­
T lio m a s II r 'fr r" t! wliich was read twice by its title and reizations, which was referred to tlie Committee on the Judiciary.
Mr. DEI’E W presented petitions of sundry citizens and labor
organizations of Stapleton, Brooklyn, Syracuse, Lancaster, De1 itension to Joshua B. Shumate, which was read twice bj its
Pew, and Troy, all in the State of New York, ami of Allegheny,
™consolidate under
I'm, praying for the adoption of certain amendments refernjl tc. tbe a m n .il tee
to tlu* socalled “ Sherman antitrust la w ” relating to labor organizations,
which were referred to the Committee on the Judiciary.
Mr. W ETM ORE presented a i»otition of the congregation of
the Second Baptist Church of Newport, R. I., praying bn the
enactment of legislation to prohibit the manufacture and sale of
intoxicating liquors in the District of Columbia, which was in­ liile and, with the accompanying papers, lefened to the Comferred to the Committee on the District of Columbia.
He a lso presented sundry petitions of citizens of Providence, “ m
T McCLMBER (for Mr. H ansbrough ) introduced the folB. I., praying for the adoption of certain amendments to the so- luwinV W S.^ which were severally read twice by their titles
H
called * Shernmn antitrust la w ” relating to l a b o r organizations,
•
L i referred to the Committee on Pensions :
which were referred to the Committee on the Judiciary.
| A bill (S. 7063) granting an increase of pension to William
Mr. DIXON presented petitions of sundry citizens and labor
organizations of Billings, Great Falls, Missoula, KalisiMl. BTlliU (S. 7064) granting an increase of pension to Frederick
Helena, Rod Lodge, Butte, and Livingston, all in the State t
-Montana, praying for the adoption of certain a m e n d m e n t^ t e i * r
M
7005) granting an increase of pension to George
80-called “ Sherman antitrust la w ” relating to labor " 'J ” '1 2*
'
W. Sumpter;
.
. . . . . .
finim, which were referred to the Committee on the Jn» u • . * I
\ bill (S. 7000) granting an increase of pension to Albert
Mr. RAYNER presented a petition of Vestmakers Local Roberts; and
t ’ nlon, No. 117, United Garment Workers of America, of Ba t
A Dill (S. 7067) granting an increase of pension to William
hi'-re, Md„ praying for the adoption of certain amendment, t i w ., i /tl I IV 'I •
7
Harrow.
the so-called " Sherman antitrust law ” relating to labor organi
lie also (for Mr. H ansbrough) introduced a bill (S. 7068)
nations, which was referred to the Committee on
to pay Irvine Church for services rendered the United .States as
Mr. CLARK of Wyoming presented petitions of suudD

IS

X L I I ------ 371




S

E

S

r

a

r

r

s




5970

CONGRESSIONAL RECORD— SENATE.

May 9,

/
examiner of Chippewa Indian lands, which was read twice by
its title and referred to the Committee on Claims.
He also (for Mr. H ansbbough ) introduced a bill (S. 7069)
to establish a National Commission of Cooperative Service to
promote agricultural cooperative organization and to appro­
priate money therefor, which was read twice by its title and
referred to the Committee on Agriculture and Forestry.
He also (for Mr. H ansbbotjgh ) introduced a bill (S. 7070)
to provide for the utilization of State and Territorial lands in
connection with projects under the reclamation act, and for
other purposes, which was read twice by its title and referred
to the Committee on Irrigation.
Mr. NELSON (for Mr. K ittredge ) introduced a bill (S. 7071)
authorizing the Secretary of the Interior to lease land in Stan­
ley County, S. Dak., for a buffalo pasture, which was read
twice by its title and referred to the Committee on Public
Lands.
Mr. FLINT introduced a bill (S. 7072) granting a pension to
Annie E. Ripley, which was read twice by its title and referred
r
to the Committee on Pensions.
Mr. DANIEL (by request) introduced a bill (S. 7073) to
compensate H. D. Chapman and J. W . Hicks, patentees of cer­
tain improvements in sight adjustments for guns which were
used by the United States without their permission or consent,
which was read twice by its title and referred to the Committee
on Patents.
Mr. PENROSE introduced the following bills, which were
severally read twice by their titles and referred to the Commit­
tee on Military Affairs:
A bill (S. 7074) to grant an honorable discharge to John
Flaherty;
A bill (S. 7075) to grant an honorable discharge to Samuel
H. Knepley, alias Samuel Hunter;
A bill (S. 7076) to grant an honorable discharge to Isaac
Addis; and
A bill (S. 7077) to grant an honorable discharge to Timothy
A. Maher.
Mr. BULKELEY introduced the following bills, which were
severally read twice by their titles and, with the accompanying
papers, referred to the Committee on Pensions:
A bill (S. 7078) granting an increase of pension to Iphigenia
E. Crane; and
A bill (S. 7079) granting an increase of pension to Rowena
C. Lummis.
AMENDMENTS TO APPROPRIATION BILLS.
Mr. McCUMBER submitted an amendment proposing to ap­
propriate 31,000 to pay Robert W. Farrar for indexing and for
extra services as clerk to the Committee on Pensions, and 31,000
to pay Dennis M. Kerr for services as assistant clerk by detail
to the Committee on Pensions, intended to be proposed by him
to the general deficiency appropriation bill, which was re­
ferred to the Committee on Appropriations and ordered to be
printed.
Mr. KN O X submitted an amendment proposing to appropriate
352,000 for continuing improvements at Lock No. 2 by ex­
tending guide walls and guard walls, intended to be proposed
by him to the sundry civil appropriation bill, which was or­
dered to be printed and, with the accompanying papers, referred
to the Committee on Appropriations.
Mr. MONEY submitted an amendment proposing to appropri­
ate 3125,000 for improving and maintaining the harbors on the
Gulf coast of Mississippi, etc., intended to be proposed by him
to the sundry civil appropriation bill, which was referred to the
Committee on Commerce and ordered to be printed.
Mr. KN OX submitted an amendment providing that hereafter
all lawT fixing annual salaries of the United States attorney
s
for the southern district of New York and the assistants in
his office shall apply in all respects to and be construed as
fixing the annual salaries of the United States attorney for the
eastern district of Pennsylvania, etc., intended to be proposed
by him to the sundry civil appropriation bill, which was re­
ferred to the Committee on the Judiciary and ordered to be
printed.
Mr. OVERMAN submitted an amendment proposing to ap­
propriate 3115,0o0 for a light-ship on the Knuckle of the
Frjing Pan shoal, off Cape Fear, North Carolina, intended to
be proposed by him to the sundry civil appropriation bill,
w mch was referred to the Committee on Commerce and ordered
T
to be printed.
He also (fo r Mr. S im m o n s ) submitted an amendment pi
S S S ? t° appropriate $1,500 for post lights on Pasquotai
niver, North Carolina, between South Mills and the mouth
tne rner, etc., intended to be proposed by him to the sund
cn u appropriation bill, which was referred to the Committ
on Commerce and ordered to be printed.

AMENDMENT TO OMNIBUS PUBLIC BUILDINGS BILL.
Mr. KN O X submitted an amendment proposing to appro­
priate $10,000 for the purchase of a site to be used for a United
States post-office building in Ridgway, Pa., intended to be pro­
posed by him to the omnibus public buildings bill, which was
referred to the Committee on Public Buildings and Grounds
and ordered to be printed.
AMENDMENT TO OMNIBUS CLAIMS BILL.
Mr. D ICK submitted an amendment intended to be proposed
by him to House bill 15372, known as the “ omnibus claims
bill,” which was referred to the Committee on Military Affairs
and ordered to be printed.
BOUNDARY BETWEEN GEORGIA AND FLORIDA.
Mr. BACON. I desire to ask an order of the Senate to
print certain documents.
There are certain aueient docu­
ments and reports relating to the boundary between the State
of Georgia and the Territory of Florida, the location and mark­
ing of the same, which are almost entirely out of print I will
enumerate them:
Senate Document No. 55, Twentieth Congress, first session ;
Senate Document No. 204, Twentieth Congress, first sessio n ;
House Document No. 50. Twentieth Congress, second session ;
Senate Report No. 17, Twenty-first Congress, first session ;
House Document No. 152, Twenty-third Congress, first sessio n ;
Senate Document No. 90, Twenty-ninth Congress, first session ;
Senate Document No. 133, Twenty-ninth Congress, first session ; and
House Document No. 43, Twenty-second Congress, first session.
It will be readily recognized from the Congresses in which
those documents and reports were made that they were very
early in history of the Government. It is important that they
should be preserved. I ask that all may be printed as one Sen­
ate document.
There being no objection, the order was agreed to, as follows :
Ordered , That the ancient documents and reports relating to the
boundary between the State of Georgia and the Territory of Florida,
the location and marking of the same,
Senate Document No. 55, Twentieth Congress, first session ;
House Document No. 204, Twentieth Congress, first session ;
House Document No. 50, Twentieth Congress, second session ;
Senate Report No. 17, Twenty-first Congress, first sessio n ;
House Document No. 152, Twenty-third Congress, first sessio n ;
Senate Document No. 96. Twenty-ninth Congress, first session ;
Senate Document No. 133. Twenty-ninth Congress, first sessio n ; end
House Document No. 43, Twenty-second Congress, first session,
be printed.
STATE CONTROL OF LIQUOR TRAFFIC.
Mr. BACON. As a part of the minority of the Judiciary Com­
mittee of the Senate I made not a report, but an expression of
views in regard to legislation to regulate interstate commerce in
intoxicating liquors. It was a part of Report No. 499, known as
part 5. The edition published has been nearly exhausted, and I
ask that 1,000 copies of it may be again printed.
The VICE-PRESIDENT. Is there objection?
The Chair
hears none, and it is so ordered.
HOUSE BILL REFERRED.
II. R. 18618. An act fixing the status of the Porto Rico Provi­
sional Regiment of Infantry was read twice by its title and re­
ferred to the Committee on Military Affairs.
MESSAGE FROM THE HOUSE.
A message from the House of Representatives, by Mr. W . JB r o w n i n g , its Chief Clerk, announced that the House had dis­

agreed to the amendments of the Senate to the bill (H . R. 20343)
making appropriations for the diplomatic and consular s e r v i c e
for the fiscal year ending June 30,1909, asks a conference with
the Senate on the disagreeing votes of the two Houses thereon,
and had appointed Mr. L a n d i s , Mr. P e r k in s , and Mr. H ow ard
managers at the conference on the part of the House.
ENROLLED BILL SIGNED.
The message also announced that the Speaker of the House
had signed the bill (H . R. 17288) making appropriations for the
support of the Army for the fiscal year eudiug June 30, 1909,
and it was thereupon signed by the Vice-President.
DIPLOMATIC AND CONSULAB APPROPRIATION BILL.
The VICE-PRESIDENT laid before the Senate the action of
the House of Representatives disagreeing to the amendments of
the Senate to the bill (H. R. 20345) making appropriations for
the diplomatic and consular service for the fiscal year ending
June 30, 1909, and requesting a conference with the Senate on
the disagreeing votes of the two Houses thereon.
Mr. HALE. I move that the Senate Insist upon its amend­
ments, agree to the conference asked for by the House of Repre­
sentatives, and that the conferees on the part of the Senate be
appointed by the Chair.
The motion was agreed to, and the Vice-President appointed
Mr. H ale, Mr. Culiom , and Mr. Clay as the conferees on tlm
part of the Senate.

6023

CONGRESSIONAL RjseoRD—HOUSE.

1908

The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
The title was amended so as to read: “A bill to change the
name of V street, from Florida avenue to Nineteenth street
N W ., to California street.”
COMPANIES B, C, AND D, TWENTY-FIFTH INFANTRY.
Mr. FORAKER. I desire to change the notice I gave this
morning with respect to Senate bill 5729, namely, that I shal
ask the Senate to proceed to the consideration of it after the
agricultural appropriation bill is disposed of, subject, of course,
to appropriation bills.
POSTAL SAVINGS DEPOSITORIES.

On motion of Mr. Carter, it was
Ordered, That 15,000 copies of S. 6484, a bill to establish postal
savings banks for depositing savings at interest, with the security of
the Government for repayment thereof, and for other purposes, be
printed; also that 5,000 copies of Report No. 525, to accompany S.
6484, be printed.
stan d ard s

for

m i n e r a l -o i l

pro d u cts.

Mr. DICK. I ask unanimous consent for the present consid­
eration of Senate resolution No. 172, which is on the table.
There being no objection, the resolution submitted by Mr.
Dick on April 30, 1908, was considered by unanimous consent,

and agreed to as follows:
R esolved, That the Secretary of the Interior be directed to inform
the Senate as to any plans now in progress for international standards
jur testing mineral-oil products, and as to what legislation is advisable
to secure their adoption.
JAMES KANE.

Mr. BULKELEY. I ask unanimous consent for the present con­
sideration of the bill (S. 1159) to correct the military record of
James Kane. It is a short bill and will take but a moment
There being no objection, the Senate, as in Committee of the
M hole, proceeded to consider the bill, which had been reported
from the Committee on Military Affairs with an amendment on
page 1, line 7, after the words “ United States,” to insert “ ProThat no pay, bounty, or other emoluments shall accrue
by virtue of the passage of this act,” so as to make the bill
read:
flnfh i* enacted, etc., That the Secretary of War be, and he is hereby
lat or 7Cd anJ directed to correct the military record of James Kane,
fan* a meB,ber of Company C, Fourteenth Regiment Ohio Volunteer Inund to issue to said Kane an honorable discharge from the
«>r.ftCe of *be United S ta te s: P rovided , That no pay, bounty, or other
moiuments shall accrue by virtue of the passage of this act.
^he amendment was agreed to.
■The bill was reported to tbe Senate as amended, and the
Amendment was concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
BLADENSBURG ROAD, DISTRICT OF COLUMBIA.
Mr. CARTER. There is a District bill on the Calendar,
^hich I think should be passed. I therefore ask unanimous
«msent for the present consideration of the bill (S. 65S0) to
j'mend an act entitled “ An act for the widening of Bladeusb'G'g road, and for other purposes,” approved January 9, 1907.
'the Secretary read the bill, and, by unanimous consent, the
* unate, as in Committee of the Whole, proceeded to its conwaeration.
The PRESIDING OFFICER. The Chair would suggest that
be bill should be amended, in section 2, page 2, line 18, by
unking out the word " a r e ” and inserting the word “ is."
Mr. OALLINGER. Y es; let that amendment be made.
The P R E S ID IN G O F F IC E R . The amendment will be stated.
Die Secret awv- On page 2, section 2, line 18, after the
* 0r<l “ same,” it is proposed to strike out the word “ a re” and
to insert the word “ is,” so as to make the section read:
2. That the limitation of thirty days after the date of dedica) ,n within which condemnation proceedings are directed to be nstituted
i ot *be widening of said Hladensburg road be, and the same is hereby,

There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill, which had been reported
from the Committee on Indian Affairs with an amendment, on
page 1, line 5, after the word “ operations,” to strike out “ or
such other purposes as he may deem proper,” so as to make the
bill read:
B e it enacted, etc., That the Secretary of the Interior be, and he is
hereby, authorized, under such rules as he may prescribe, to sell, for
use in mining operations the timber, whether dead, standing or fallen,
or green and growing, on any of the lands of the Choctaw and Chicka­
saw nations segregated and reserved from allotment by written order
of the Secretary or the Interior of March 24, 1903, in accordance with
the provisions of the act of Congress approved on July I, 1902 (.31.
Stat. L., p. 641) ; and the funds accruing from such sale shall be de­
posited in the Treasury of the United States to the credit of the Choc­
taw and Chickasaw nations.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading,
Oread the third time, and passed.
N i ( r . GALLINGER. I move that the Senate adjourn.
The motion was agreed to; and (at 5 o’clock and 45 minutes
p. m.) the Senate adjourned until Monday, May 11, 1908, at
11 o’clock a. m.
___________________

HOUSE OF REPRESENTATIVES.
S aturday, M a y

The recess having expired, the House, at 11 o’clock and 30
minutes a. m., was called to order by the Speaker.
BOARD OF MANAGERS NATIONAL SOLDIERS’ HOMES.
The SPEAKER. The question is on suspending the rules and
passing House joint resolution 178.
The question was taken.
Mr. CLARK of Missouri. Yeas and nays.
Mr. PAYNE. Mr. Speaker, I make the point that no quorum
is present.
The SPEAKER. The Chair will count. [After counting.]
Sixty-seven Members present; not a quorum. The Doorkeeper
will close the doors; the Sergeant-at-Arms will notify absent
Members; as many as are in favor of agreeing to the motion
will, as their names are called, answer “ y ea ; ” those opposed
will answer “ n a y ;” those present and not voting will answer
“ present.” The Clerk will call the roll.
The question was taken, and there were— yeas 202, naya o,
answered “ present ” 10, not voting 170, as follow s:

YEAS—202.
Aeheson
Adair
Adamson
Aiken
Alexander, Mo.
Alexander, N. Y.
Allen
Ames

Ansberry

Barchfeld
Barclay
Beale, Pa.
Beall, Tex.
Bede
Bennet, N. Y.
Birdsall
Bonynge
Booher
Boutell
Boyd
Brantley
Brodhead
Brundidge
Burleigh
Burnett
Burton, Del.
Burton, Ohio
Calderhead
Caldwell
Candler
Capron
Chaney
Clark, Fla.
Clark, Mo.
Clayton
r ealed
t-P
.
Cockran
Conner
Die amendment was agreed to.
Cook, Colo.
Die bill was reported to tbe Senate as amended, and tbe Cook, Pa.
Amendment was concurred in.
„
, Cooper, Tex.
i he bin was ordered to be engrossed for a third reading, read Cooper. Wis.
Cox, Ind.
the third time, ami passed.
Craig
Crumpacker
SALE OF TIMBER ON CHOCTAW AND CniCKASAW LANDS.
Currier
Mr OWEN. I ask unanimous consent for the present con-' Cushman
^deration of the bill (S. 5001) to provide for the sale of timber Dalzell
Davenport
*61 the segregated coni and asphalt lands of tbe Choctaw and Davidson
t hickasaw nations for use In coal and asphalt mining opera- Davis, Minn.
Dawson
tious, and for other purposes.




5 , 1908.

[Continuation of the legislative day of Monday, May J 1908.]
f,

Denver
Dixon
Douglas
Draper
Edwards, Ga.
Ellis, Oreg.
Englebright
Esch
Fairchild
Favrot
Ferris
Finley
Floyd
Foss
Foster, 111.
Foster, Vt.
French
Fulton
Gaines, W. Va.
Garner
Garrett
Gillespie
G illett
Glass
Godwin
Gordon
Gregg
Griggs
Gronna
Hackett
Hackney
Hale
Hall
Hamilton, Iowa
Hamilton, Mich.
Hamlin
Hammond
Harding
Hardwick
Hardy
Haskins
Haugen
Hawley
Hay
Haves
Henry, Conn.
Henry, Texf
Hepburn
Higgins
Hinshaw
Hitchcock

Padgett
Holliday
Page
Houston
Parker, N. J.
Howell, N. J.
Parker, S. Dak,
Howland
Payne
Hubbard, Iowa
Hubbard, W. Va. Pearre
Perkins
Hull, Teun.
Humphrey, Wash. Pollard
Pray
James, Ollle M.
Pujo
Jenkins
Ransdell, La.
Johnson, S. C.
Rauch
Jones, Va.
Reid
Jones, Wash.
Rhinock
ivabn
Richardson
Kennedy, Iowa
Robinson
Kennedy, Ohio
Rothermel
Kinkaid
Rucker
Kipp
Kitehin, Claude Russell, Mo.
Russell, Tex.
Knopf
Scott
Know! and
Shackleford
Laning
Sheppard
Lassiter
Smith, Cal.
Lawrence
Smith, Iowa
Leake
Smith, Mich.
Lewis
Smith, Mo.
Littlefield
Snapp
Loudenslager
Sparkman
Lovering
Sperry
McCall
MeGavin
Spight
Steenerson
McGuire
Sterling
McKinlay, Cal.
Sturgiss
McKinney
McLain
Sulloway
McMorran
Tawney
Macon
Taylor, Ohio
Mondell
Thomas. Ohio
Tou Velle
Moon. Tenn.
Moore, Tex.
Underwood
Morse
Volstead
Mouser
Vreeland
Needham
Waldo
Nelson
Wanger
Nichoils
Wheeler
Norris
Williams
Nye
Wilson, Pa,
O’Connell
Wood
Olcott
Young
Olmsted
Overstreet




6024
Ashbrook
Harrison.

CONGRESSIONAL RECORD— HOUSE
Helm

NAYS— 5.
Johnson, Ky.

Stephens, Tex.

ANSWERED “ PRESENT ”— 10.
Cary
Hull, Iowa
Washburn
Cousins
Sherman
Hill, Miss.
Small
NOT VOTING— 170.
Andrus
Fitzgerald
Lamar. Mo.
Pratt
Anthony
Flood
Lamb
Prince
Bannon
Focht
Bainey
Landis
Bartholdt
Fordney
Langley
Randell, Tex.
Bartlett, Ga.
Fornes
Reeder
Law
Bartlett, Nev.
Foster, Ind.
Lee
Reynolds
Bates
Foulkrod
Riordan
Legare
Bell, Ga.
Fowler
Lenahan
Roberts
Bennett, Ky.
Fuller
Lever
Rodenberg
Bingham
Gaines, Tenn.
Ryan
LiUey
Bowers
Gardner, Mass.
Lindbergh
Sabath
Bradley
Gardner, Mich.
Lindsay
Saunders
Gardner, N. J.
Broussard
Livingston
Sherley
Brumm
Gilhams
Lloyd
Sherwood
Burgess
GUI
Longworth
Sims
Goebel
Burke
Lorimer
Slayden
Byrd
Goldfogle
Slemp
Loud
Calder
Goulden
Lowden
Smith, Tex.
Graff
Campbell
McCreary
Southwick
Carlin
Graham
McDermott
Stafford
Carter
Granger
McHenry
Stanley
Greene
Caulfield
McKinley, 111.
Stevens, Minn,
Chapman
Haggott
McLachlan, Cal. Sulzer
Cocks, N. Y.
Hamill
McLaughlin, Mich.Talbott
Cole
Heflin
Taylor, Ala.
McMillan
Cooper, Pa.
Hill, Conn.
Madden
Thistlewood
Coudrey
Hobson
Madison
Thomas, N. C.
Cravens
Howard
Malby
Tirrell
Crawford
Howell, Utah
Mann
Townsend
Darragh Huff
Marshall
Wallace
Davey, La.
Hughes, N. J.
Watkins
Maynard
Dawes
Hughes, W. Va.
Miller
Watson
De Armond
Humphreys, Miss. Moon. Pa.
Webb
Denby
Jackson
Moore. Pa.
Weeks
Diekema
James, Addison D. Mudd
Weems
Driscoll
Keifer
Murdock
Weisse
Dunwell
Keliher
Murphy
Wiley
Durey
Kimball
Parsons
W illett
Dwight
Kitehin, Wm. W. Patterson
Wilson, 111.
Edwards, Ky.
Knapp
Peters
Wolf
Ellerbe
Kiistermann
Porter
Woodyard
Ellis, Mo.
Lafean
Pou
Fassett
Lamar, Fla.
Powers
The following pairs were announced:
Until further notice:
Mr. Woodyabd with Mr. Wolf.
Mr. Watson with Mr. Weisse.
Mr. Thistlewood with Mr. Webb.
Mr. Stevens of Minnesota with Mr. Wallace.
Mr. Slemp with Mr. Thomas of North Carolina.
Mr. Reynolds with Mr. Taylor of Alabama.
Mr. Reed
er with Mr. Sulzer.
Mr. Prince with Mr. Stanley.
Mr. Moore of Pennsylvania with Mr. Saunders.
Mr. M
oon of Pennsylvania with Mr. Pou.
Mr. Miller with Mr. Peters.
Mr. Marshall with Mr. Patterson.
Mr. Malby with Mr. Murphy.
Mr. Madison with Mr. McDermott.
Mr. McLaughlin of Michigan with Mr. Lloyd.
Mr. Lowdex with Mr. Lindsay.
Mr. Loud with Mr. L egare.
Mr. Longworth with Mr. Lenahan.
Mr. Scott with Mr. Lever.
Mr. Langley with Mr. Lee.
Mr. Landis with Mr. Lamb.
Mr. Kustermann with Mr. Kimball.
Mr. Keifeb with Mr. Sabath.
Mr. Huff with Mr. Hill of Mississippi.
Mr. Hill of Connecticut with Mr. Hughes of New Jersey.
Mr. Gardner of Michigan with Mr. Livingston.
-Mr. 1 o w l e r w i t h Mr. H e f l i n ,
Mr. Foulkbod with Mr. Hamill.
Mr. Focht with Mr. Granger.
Mr. Fassett with Mr. Ryan.
Mr. Dwight with Mr. Goldfogle.
Mr. Denby with Mr. Gill.
Mr. Dabhagh with Mr. Fornes.
Mr. Co p r of Pennsylvania with Mr. Fitzgerald.
oe
Mr. Graff with Mr. E llerbe.
Mr. Cocks of New York with Mr. De Armond,
M Campbell with Mr. Crawford.
r.
Mr. Calder with Mr. Carter,
Mr. B ates with -Mr. Carlin.
-M Bannon with Mr. Burgess.
r,
Mr. Andrus with Mr, Bartlett of Nevada.
Mr. H ull of Iowa with Mr. S l ayde n .
Mr. SouTHWicx with Mr. Smith of Texas.
Mr. M ann w ith Mr. S i m s .
Brownlow
Burleson
Butler

May 9,

Graham with Mr. Randell of Texas.
Mr. Porter with Mr. Sherwood.
Mr. Fordney with Mr. Small.
Mr. Cary with Mr. Lamar of Missouri.
Mr. McCreary with Mr. Howard.
Mr. Coudrey with Mr. Hobson.
Mr. IIaggott with Mr. William W . Kuchin.
Mr. Powers with Mr. Pratt.
Mr. Dunwell with Mr. Watkins.
Mr. Fuller with Mr. Byrd.
Mr. Mudd with Mr. Talbott.
Mr. Madden with Mr. Burleson.
Mr. Diekema with Mr. Wiley.
Mr. Roberts with Mr. B roussard .
Mr.

Mr. B i n g h a m with Mr. L a m a r o f Florida.
Mr. Knapp with Mr. Davey of Louisiana.
Mr. McMillan with Mr. Willett.

For the session:
Butler with Mr. Bartlett of Georgia.
Mr. Sherman with Mr. Riordan.
Mr. Cousins with Mr. Flo d
o .
Mr. Lorimer with Mr, Humphreys of Mississippi.
Mr. Bradley with Mr. Gouldex.
For the balance of the day :
Mr. Giliiams with Mr. Gaines of Tennessee.
Mr. Chapman with Mr. Maynard.
Mr. Rodenberg with Mr. McHenry,
Mr. Babtiioldt with Mr. Rainey.
Mr. Washburn with Mr. Siierley.
Mr. Murdock with Mr. Keliher.
Mr. Anthony with Mr. Bowers.
Mr. Greene with Mr. Bell of Georgia.
Mr. Caulfield with Mr. Cravens.
Mr.

The SPEAKER. On this question the yeas are 202, the navs
5, present 10— a quorum. The Doorkeeper will open the doors;
the ayes have i t ; the motion is agreed to, and the resolution is
passed.
message from T E senate.
H
A message from the Senate, by Mr. Crockett, its
clerk, announced that the Senate had agreed to the
ment of the House to the amendment of the Senate to
(II. R. 1589) granting an increase of pension to Susan
man,

reading
am end­

the bill
M. Yeo­

CONSULAR AND DIPLOMATIC APPROPRIATION BILL.
The Speaker laid before the House the bill H. R. 20345, an
act making appropriation for the d i p lo m a t ic and consular serv­
ice for the fiscal year ending June 30, 1909, with Senate a m e n d ­
ments.
The Senate amendments were read.
The SPEAKER. The question is. Will the House disagree to
the Senate amendments en bloc and ask for a conference with
the Senate?
Mr. UNDERWOOD. And on that I demand the yeas and
n ays.
The yeas and nays were ordered.
The question was taken, and there were— v
answered “ present ” 8, not voting 17G, as folio
YEAS— 193.
Acheson
Cooper, Wis.
Hubbard, W. Ya.
Glass
Adair
Cox, Ind.
Godwin
Hull. Tenn.
Alexander, Mo.
Craig
Humphrey. Wash.
Goebel
Allen
Crumpacker
James, Ollie M.
Gordon
Ames
Currier
Jenkins
Griggs
Ashbrook
Cushman
Johnson, S. C.
Gronna
Barehfeld
Daizetl
Hackett
Jones, Wash.
Barclay
Darragh
Hackney
Kahn
Beale, Pa.
Davenport
Kennedy. Iowa
Hale
Beall, Tex.
Davidson
Kennedy, Ohio
Hall
Bede
Davis, Minn.
Hamilton, Iowa Kinkald
Bennet, N. Y.
Dawson
Hamilton, Mich. Kipp
Kitehin, Claude
Birdsall
Denby
Hamlin
Bonynge
Denver
Knopf
Hammond
Booher
Dixon
Harding
Lanfng
Boutell
Douglas
Lawrence
Hardy
Boyd
Lewis
Draper
Haskins
Littlefield
Brodhead
Driscoll
Haugen
Longworth
Dwight
Brownlow
Hawley
Loudenslager
Burgess
Ellis. Mo.
Hay
Burleigh
Lovering
Ellis, Oreg.
Hayes
Lowden
Burnett
Englebrlght
Helm
Burton, Ohio
Esch
McCall
Henry, Conn.
McDermott
Fairchild
Henry, Tex.
Calderbead
McGavIn
Caldwell
Fassett
Hepburn
McGuire
Higgins
Candler
Ferris
McKinlay, CaL
Capron
Finley
Hill. Miss.
McKinley. IllChaney
Foster, Vt.
Illnsbaw
McKinney
,
Clark, Mo.
French
Hitchcock
M Lachlan, C <
M
Clayton
Fulton
Holliday
McLain
Gaines, W. Va.
Cockran
Houston
Macon
Conner
Gardner, Mich.
Howell, N. J.
Maynard
Cook, Colo.
Garner
Ilowed, Utah
M d
on ell
Cook, Pa.
Gillespie
Howland
Moon, Tenn.
Gillett
Cooper, Tex.
llubbard, Iowa

1908.

CONGRESSIONAL RECORD— SENATE.

The PRESIDENT pro tempore. The Chair sustains the point
of order.
Mr. WARREN. I assume there 'will be no objection to the
amendment, and I ask that it may be again read.
Mr. GALLINGER. Let it be again read.
The PRESIDENT pro tempore. The Secretary will again
state the
The Se<
9, 10,11,
P r o v i d l d y f i b l U S ^ r h & r no part of this appropriation
or used for the/rf&rpose of paying for in whole or part the preparation
or publication/af any newspaper or magazine article, but this shall not
prevent theZprlng out to all persons without discrimination, including
newspapers^magazine writers, and publishers, of any facts or official
information of value to the public.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment which has been stated.
The amendment was agreed to.
Mr. DIXON . I offer the amendment I send to the desk.
The PRESIDENT pro tempore. The Senator from Montana
offers an amendment, which will be stated.
The S ecretary . On page 25, strike out the paragraph begin­
ning in line 16 and ending in line 21 and insert in lieu thereof
the following:
And there is hereby appropriated, out of any money in the Treasury
not otherwise appropriated, the sum of $1,000,000, to be expended as
the Secretary of Agriculture may direct for the construction and main­
tenance of roads, trails, bridges, fire lanes, telephone lines, cabins,
fences, and other permanent Improvements necessary for the proper
and economical administration, protection, and development of the
national forests.
Mr. DIXON . Mr. President, the purpose of this amendment
is twofold. The first is to increase the appropriation from
$500,000 to $1,000,000 in accordance with the recommendation
of the Secretary of Agriculture. In his letter transmitting
his estimates for the current year the Secretary asked for
$2,000,000 for the purpose of permanent improvements on the
forest reserves. The committee has cut that to 25 per cent of
the estimate. The amendment proposes to make it 50 per cent
of the estimate as made by Secretary Wilson.
The other part of the amendment is to meet the objection of
one or two Senators who seem to have some conscientious
scruples arising over the fact that the appropriation did not
specify with particularity the purposes for which it was to
be used. This amendment sets forth that it is for the perma­
nent construction of roads, bridges, fences, telephone lines, fire
lanes, foresters* cabins, etc.
The present appropriation of $500,000 is for the construction
° f permanent improvements on a territory composed of moun­
tain ranges and woods of over 260,000 square miles, an area
of country as long as from Washington to Chicago and as wide
as from here to Albany, N. Y.
There has been some criticisms running all through this de­
bate because of the fact that the forest reserves are not pro­
ductive institutions at this time. If the Chief Forester, Mr.
Rinchot, were so disposed he could to-morrow make the national
forests yield a revenue of 20 per cent. But in order to do so,
be would have to sacrifice the timber which is not at this time
ready for market purposes. All this appropriation gives him
the bare sum of less than $2 i>er G40 acres of mountainous
forest reserves. If the appropriation in its present form was
applied to the State of Massachusetts— and I have here the
figures taken from the official record— and if Massachusetts,
with an area of 8,315 square miles, was all in forest reserves,
a rough mountainous country, it would give that area of country
the magnificent sum of $16,000 to open up roads and bridges
and trails and build telephone lines, and for the permanent im­
provement of the State of Massachusetts so as to make that
mountainous woodland country a productive proposition on a
business basis.
I take the great State of New Hampshire. By the present
appropriation, based on a pro rata share, if the great State of
New Hampshire was all in a national forest, mountainous as
most of it is, the Congress would be giving the Secretary of
Agriculture $18,000 to open up nearly 10,000 square miles of
mountain woodland bo as to make it productive aud get your
matured timber ready for the market.
Within the national forests— 260,000 square miles— there are
to-day nearly 400,000,000,000 feet of standing timber. At a valu­
ation of $2 a thousand the present value of the national forests
for the timber alone is over $700,000,000, and yet we give the
Secretary of Agriculture, to oi>en up that country permanently,
containing over $700,000,000 worth of timber, one-fourteenth of
1 per cent of the value of the timber alone, to r fire protection,
for (Re payment of p r e m i u m s on fire insurance on jour h' use
or business block you pay from 1 to 2 per cent e\erj year. To
meet not only the ex cu ses necessary to protect that vast area




6075

against forest fires, but for the permanent opening up of this
great country, you give him only one-fourteenth of 1 per cent of
the value of the timber alone.
No Senator in this Chamber who, in good faith, is in favor of
giving Mr. Pinchot, as head of the Forest Reserve System, an
opportunity on the square to slmiv what he c ^ j ^ c a n find
any fault wj^tfTlie prow j^on ^tc inprease thiC ^PF^riatje
per cejR‘^ ^ h a L ^ ^ S $ c j ^ r r M Agriculifir<
do n otu ilC k 4i,^ ^ ^ ^ w y ^ T O ^ i ^ 6 r direct the aTTemtdfc of
the Senate to/w hat I^believe to be the great and important
feature of ftferer settling this annual discussion here, pro and
con, about national'rorests. Do not let us hamper the National
Forester in the administration of the national forests by deny­
ing him the necessary appropriations and then come into Con­
gress and criticise him because he has not accomplished what
you say he should have accomplished.
The extra appropriation called for in this amendment is only
one-half of the cost of maintaining one of the great battle ships
of the Navy for a period of twelve months. I did not vote for
the increased appropriation for four great battle ships because
I thought it was the better part of wisdom for the National
ongress to devote some of the national revenue to the purpose
ofcyleveloping the internal affairs of this great Republic,
sincerely hope the amendment will pervail.
r. WARREN. Mr. President, I wish to say a word in order
th it the Senate may know the attitude of the Committee on
Apiculture as to this or similar amendments which increase
propriations. That committee is a conservative body. W e
k under consideration this bill of nearly $12,000,000, and
after several days’ careful labor reported it to the Senate with
a total addition of only one hundred and thirty-three thousand
and odd dollars, as compared with what the bill represented as
it came from the House. I think that record has hardly been
equaled in late years— that so large a House bill, representing
so much money, should receive so little increase in a Senate
committee. It was the intention of the committee to bring in a
bill to which no one could take exception.
It was our belief that we could bring in a bill which would
pass in a few hours at the most, possibly in an hour or two,
without opposition, but we have been disappointed and have en­
countered fierce opposition extending over nearly a week’s time,
and the end is not yet. Therefore, it seems to me, we had better
appeal direct to the Senate.
A point of order of course, will not lie against the amend­
ment, because it was estimated fo r; and since there has been
so much talk here and such diverse opinions expressed, I am
willing that the Senate shall vote on the amendment without
opposition or advice from the committee.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment proposed by the Senator from Montana [Mi.
D ix o n ]
[Putting the question.] By the sound the 1 a yes”
1
have it.
,
.
Mr. IIEYBURN. Let us have the yeas and nays.
The PRESIDENT pro tempore. The yeas and nays are asked
for. Is there a second? In the opinion of the Chair there is
not a sufficient nomber up. The yeas and nays are refused.
Mr. BACON. Mr. President------The PRESIDENT pro tempore. The amendment is agreed to.
Mr. CLARK of Wyoming. Let the amendment be again
stated.
The PRESIDENT pro tempore. It has already been
agreed to.
Mr. CLARK of Wyoming. I know that, but I want the
amendment reported as a guide for future action.
The PRESIDENT pro tempore. The amendment will he
again stated.
,
^ .
The S e c r e t a r y . On page 25 strike out the paiagrapli begin­
ning m line 16 and ending in line 21 and insert in lieu thereof
the following:
vrui there is hereby appropriated, out of any money in the Treasury
t
appropriated, the sum of $1,000,000. to be expended as the
not otherwise Agriculture may direct for the construction and mainte-Tvtarv of
Sec re
roads, trails, bridges, fire lanes, telephone lines, cabins, fences,
nance
aiiri other permanent improvements necessary for the proper and eco­
nomical administration, protection, and development of the national
forests.
Mr. IIEYBURN, Mr. BACON, and Mr. FULTON addressed
the Chair.
The PRESIDENT pro tempore. The Senator from Idaho.
Mr. IIEYBURN. Mr. President, it seems to me a most aston­
ishing thing that the Senate should be ready to add $500,000 to
this already objectionable provision of the bill. Giving the
committee the credit for the conservatism expressed by the
acting chairman of the committee, in which they asked for an
appropriation of only $500,000, that, upon the single state-




6076

COiST
GKESSIOXAL RECORD— SENATE.

ment made to the Senate by the junior Senator from Montana
[Mr. D ix o n ], the Senate should, with such loud acclaim, double
the appropriation recommended by the committee, is indeed
astonishing. There can be no reasonable defense of the orig­
inal sum reported, $500,000, for building roads and telephone
and telegraph lines through a country which is never to be in­
habited at all, according to the declarations of those who have
favored the measure— through a country that is always to
remain a solitude. That you are going to equip it with streets
and roads and bridges and telephone and telegraph lines seems
so absurd, so beyond all bounds of reason, that I can not un­
derstand why the Senate should throw $500,000 in addition to
the $500,000 already proposed for such a measure as this.
If you want to make this measure or this system, or what­
ever you may call it, more obnoxious and to emphasize this con­
troversy in every recurring Congress, just pursue this policy.
You can make it so obnoxious that it will fall of its own
weight. I ask for a division.
Mr. CLARK of Wyoming. Mr. President, a parliamentary
Inquiry.
The PRESIDENT pro tempore. The Senator from Wyoming
will state his parliamentary inquiry.
Mr. CLARK of Wyoming. It is whether a motion to recon­
sider the last vote would be in order at this time.

The PRESIDENT pro tempore.

It would not.

A separate

vote can be demanded on the amendment in the Senate.
Mr. H EYBURN. I have asked for a division.
Mr. BACON. At the time the yeas and nays were called for
on that motion------Mr. BEVERIDGE. They were denied.
Air. BACON. They were called for at a time when we did
not know what the motion was. I addressed the Chair with a
view of asking what was the amendment on which the yeas
and nays were called for. I am certain that many Senators—
and that is true of myself— did not respond on the proposition
with respect to the yeas and nays because we did not know
what the amendment was. I addressed the Chair, but failed
to get recognition before the Chair announced that a sufficient
number had not voted to sustain the call for the yeas and nays.
I do not know whether a motion to reconsider is necessary
■where there is simply a call for a show of hands. But I think
the Senate would be willing, if it understood the proposition, to
go upon record with respect to the yeas and nays. I should
like in such way as the Chair may designate as the proper way
to reach it for the Senate to again have the opportunity to be
recorded as to the yeas and nays on the question of agreeing
to the amendment to increase the appropriation from $500,000
to $1,000,000.
The PRESIDENT pro tempore. The Senator from Idaho de­
manded the yeas and nays. The Chair will again put the ques­
tion. Is there a second?
The yeas and nays were ordered.
Air. BACON. I understand the question is on the adoption of
the amendment proposing to increase the appropriation from
$500,000 to $1,000,000.
The PRESIDENT pro tempore. It is. The Secretary will
call the roll.
The Secretary proceeded to call the roll.
Mr. DILLINGHAM (when his name was called). I have a
general pair with the senior Senator from South Carolina [Mr.
Tillman], who is detained from the Senate by illness. So I
withhold my vote.
Air. ELKINS (when his name was called.) I am paired with
the junior Senator from Texas [Air. Bailey],
Air. FOSTER (when his name was called). I have a general
pair with the junior Senator from North Dakota [Air. M cCum b e b ].
In his absence, I withhold my vote.
Air. FULTON (when his name was called). I have a gen­
eral pair with the junior Senator from Arkansas [Mr. Davis],
who is absent from the Chamber. Aly colleague [Mr. Bourne]
is also absent. I transfer my pair to him and will vote. I vote
“ yea.”
Air. MARTIN (when his name was called). I have a general
pair with the senior Senator from Illinois [Mr. Cullom]. In
his absence I withhold my vote. I f he were present I should
vote “ nay.”
Mr. OVERMAN (when his name was called). I have a gen­
eral pair with the junior Senator from Alissouri [Air. Wabkeb].
He not being present, I withhold my vote.
The roll call was concluded.
Air. PILES. I wish to announce that my colleague [Mr. A n ­
k e n y ] is ill and is unable to be present in the Chamber to-day.
Air. TALIAFERRO. I have been requested to announce that
my colleague [Air. A ilton] is paired with the Senator from
I

M ay 11, /

New York [Mr. Platt]. I make this announcement to stand for
all other votes on the pending bill.
Mr. CLARK of Wyoming (after having voted in the nega­
tive). I have a general pair with the senior Senator from
Missouri [Mr. Stone] and would be compelled to withdraw my
vote. I suggest to the Senator from Virginia [Mr. Mamin ]
that we, perhaps, could effect an exchange of pairs, so that both
could vote, if that is satisfactory to him.
Mr. MARTIN. It is entirely agreeable to me.
Mr. WARREN. I will ask if the Senator from Virginia is
paired with the Senator from Illinois [Mr. Cullom]?
Mr. MARTIN. I am paired with the Senator from Illinois
[Mr. Cullom], I vote “ nay.”
Mr. CLARK of Wyoming. I will allow my vote to stand.
Mr. CLAPP. My pair is absent I f he were present, I should
vote “ yea.”
Mr. MARTIN. My colleague [Mr. D a n i e l ] is unavoidably
absent from the city. He has a general pair with the senior
Senator from North Dakota [ M r . H a n s b b o u q h ] ,
Air. MONEY. My colleague [Mr. M cL a u b i n ] is absent, sick,
but he is on his way to the Senate to vote. I regret that he is
not present.
Mr. STONE. The senior Senator from Kentucky [Mr. McCbeaby ] has been called from the Senate by official business,
and he desired me to state that if present he would vote for this
amendment.
The result was announced, yeas 36, nays 23, as follows;
YEAS—36.
Depew
Allison
Hopkins
Perkins
Dixon
Bankhead
Johnston
Piles
Dol liver
Kean
Beveridge
Richardson
du Pont
Knox
Brandegee
Smith, of Mich.
Flint
Lodge
Briggs
Smoot
Frye
Nelson
Brown
Stephenson
Fulton
New lands
Burkett
Stewart
Gamble
Nixon
Carter
Sutherland
Guggenheim
Penrose
Curt la
Wetmore
NAYS—23.
Clay
Hale
Scott
Bacon
Heyburn
Davis
Borah
Stone
Long
Dick
Bulkeley
Taliaferro
Foraker
Martin
Burnham
Teller
Money
Gallinger
. Warren
Burrows
Qwen
Gary
Clark, of Wyo.
NOT VOTING— 33.
La Follette
Daniel
Rayner
Aldrich
McCreary
Dillingham
Simmons
Aukeny
Elkins
McCumber
Smith, of Md.
Bailey
Foster
McEnery
Taylor
Bourne
T1 liman
Frazier
McLaurin
Clapp
Warner
Milton
Gore
Clarke, of Ark.
Overman
Hansbrough
Crane
Pavnter
Hemenway
Culberson
Platt
Kittredge
Cullom

So Air. Dixon’s amendment was agreed to.
Air. BACON. I hope I may be pardoned for saying that it
I made a mistake in the vote I cast I was following the argu­
ments, as I understood them, o f some of the gentlemen who
voted on the other side.
Air. FULTON.

I offer the amendment I send to the desk.

The PRESIDENT pro tempore. The Senator from Oregon
offers an amendment, which will be stated.
The Secretary. On page 23, line 18, it is proposed to
strike out all that portion of the bill beginning with the worus
“ and hereafter” and including the word "s itu a te d ” in ijue
23, on the same page, as follows-— -

Mr. FULTON.

It should be “ and hereafter ” on line

PaMr.~W ARREN. The word “ hereafter” is not in the bill
under consideration.
Air. FULTON. I thought it was in. Let the Secretary s tr i^
out the words “ and hereafter” and say after the words ‘ and
ilio***

Mr. WARREN. I should like to hear the amendment re­
ported, but before it is read I should like to state that I u n d e r ­
stand that the word “ hereafter” was disagreed to when v
.
passed over that portion at an earlier date.
i(
The Secretary. On page 23, line IS, after the word *
ests,” It Is proposed to strike out the following words:
And the Secretary of Agriculture may, In his
[\?rber and other forest products cut or removed from the natiunai ^
ests except the Black H ills National I-orest in SouUi I> »ota,
^
exported from the State, Territory, or the district of Alaska in w
gald forests are respectively situated.
Air. FULTON. Air. President, the language proposed to bo
stricken out Implies that the Secretary of Agriculture may,
his discretion, prevent timber and other forest products
*
the national forests being removed from the State or lern
j
In which the forest is situated.

CONGRESSIONAL RECORD— SENATE.

1908.

6129

tation that seemed to be given to it, the amendment seemed to | pines, to Japan, to China, and to Australasia, 4,000 miles or more in
length,
rate
mile not exceeding
ap­
be far different from what the Senator from Alabama has ex­ plicable outward voyage, at a class per provided in said act, the rate vesto vessels of the first
as
and in
plained it to be.
| sels of the third class on said routes, at a rate per mile not exceeding
Air. BANKHEAD. I think that was the way it was ex­ ] the rate applicable to vessels of the second class, as provided in said
! a c t : Provided, That if no contract is made under the provisions of
plained by the Post-Office Department.
! this act for a line of ships between a port on the Atlantic coast south
Mr. CULBERSON. I will ask the Senator from Alabama, of Cape Charles and South American ports, the Postmaster-General
in view of his very clear explanation of the purpose of the shall, provided two or more lines are established from North Atlantic
orts, require that one of said lines shall, upon each outward and
amendment, whether he thinks the word “ traveling” ought
omeward voyage, touch at least two ports on the Atlantic coast
to remain in?
| south of Cape Charles, regard being had in the selection of such ports
Mr. BANKHEAD. That depends upon how you construe ! of call to geographical location and to the volume of the export and
import business of the ports so selected : And provided further, That
the word. I do not think it would make any difference whether the total expenditure of foreign mail service in any one year shall not
it remains in or goes out. I am sure the Post-Office Depart­ exceed the estimated revenue therefrom for that year.
ment will construe the amendment to mean just what I have
Mr. CLAY. I believe this amendment has passed the Senate.
said, because that was the statement made before the com­ I think it is the same measure that passed the Senate.
mittee, that the purpose, and the only purpose, ofUhe amend­
Mr. GALLINGER. Word for word.
ment was to pay these men while away froffi houi^ on actual
Air. CLAY. I think that is correct. I made no fight, so far
duty something like their actual expenses. It ‘was^explained ; as I am individually concerned, against its passage when it
that at these terminal points they had some sort
a dormitory went through the Senate. I believe the bill passed without
arrangement by which they could get lodging for 25 cents and ; any division or without any yea-and-nay vote being called.
a meal for 25 cents. Therefore it was said thas a dollar a day
I voted against this amendment in the Committee on Post" ’ouId meet their actual expenses, not traveling expenses, not Offices and Post-Roads for the reason that I did not believe it
tail road fare, or anything of that sort.
ought to be inserted in an appropriation bill. I believe it to be
The VICE-PRESIDENT. The question is "bn agreeing to the a bad practice to legislate generally on appropriation bills. W e
amendment of the Senator from Texas [Mr. C ulberson] to the have a fixed rule in the Senate which provides that you shall
amendment of the committee.
*
not insert any general legislation in appropriation bills, and I
-Mr. PENROSE, I hope tin*amendment will not be adopted. believe it to be a wise and a just rule.
The amendment was rejected
As a general thing, when appropriation bills come before the
The VICE-PRESIDENT. The question recurs on agreeing ; Senate they are simply considered in the Senate by the members
to the amendment of the comniifcoC
I of the committees from which they come, and other Senators are
The amendment was agnWl to\
! not expecting to have inserted in appropriation bills general
The reading of the bill wds continued. The next amendment provisions of law not relating to those bills. I f this rule was
was, on page 28, line 14, after thA word “ railroads,” to strike , not in force, the result would be that frequently most dangerous
° ut the following provide:
^
\
legislation would be inserted in appropriation bills which other* 'v iia c a , h ow ever, Thai nni t i exceed S30.000 of the amount hereby i wise would be carefully and critically examined by Senators.
how
appropriated may be exispiidoS, In uhe discretion of the Postmnstprcd
It is true that heretofore matters of this kind have been
where unusu.., (auditions t n .,. u. where duvu o^i
m .,
irhere unusual
e^ist or
such service w ill he
i inserted in appropriation bills, legislation of a more grave
ore expeditious and oIBcidot and at p o greater cost than otherwise.
! character than this, but I do not believe it to be a course that
The amendment was agreed to.
I ought to be pursued, except where it is of the utmost importance
The next ^mem|mout was, on page 28, line 17, to increase the
appropt-jatiok f()r rabsportat ion of foreign mails from $3,508,- to the country that such legislation shall be inserted and where
a
, Congress has not the time to enact it as a separate measure.
^ to $4,604,862. \ 1
Mr. President, this post-office appropriation bill contains more
Mr, CLAY* 1 do Vrotremember this amendment of the eomrenu
______
w
general legislation than any post-office appropriation bill has
508s/o 1 Se\ tbat\ tho amount is 608,862 instead of $3,- j contained in a number of years. It is true that in all prob­
ability the postal laws of the country ought to be revised, but
Wa^r ^ A IJ jIIv JER. I will explain to the Senator that that such needed legislation as is required to perfect our postal
ti‘ 8 u I)art of tyo ocean mail bill which passed the Senate, and
laws ought to be enacted outside of appropriation bills. I
tiie Cominlttee, gs I understand it, agreed to insert that bill in regret that this measure is here on account of the interest
tj, !lPI)r°priation bill as an ninendment. In preparing the bill felt in it by Senators. I say, when the Senate has taken the
bin aHmunt was separated from the other provisions of the matter up and debated and passed it, without practically a
ftinni * ,
he found on the next page, but the increased division, and it has gone to the House, the question ought to
Al nr8 a *,art °**
amendment which I offered to the hill. ! be left to the House, and we ought not to go out of the ordinary
\r'‘ (
- The amount provided in the amendment?
rule in order to enact this legislation on an appropriation bill.
;]r- CULBERSON. Adding $1,100,000?
Now, take the post-office appropriations and see how they
5* O ALU N G ER . Adding $1,100,000. That was the amend- have grown. It is remarkable. There is another thing that
0n j, " hich the Committee on Commerce sent to the Committee you will find. This bill will carry this year for this purpose
,
0fflccs an(i Post-Roads, which was agreed to, I uuder- about $1,000,000, next year probably $2,000,000, and the next
. a!ul waB to become a part of the bill.
year $3,000,000. These items ought not to be charged to the Postjj
j .A,
f-’EAY. I will state to the Senator I knew the ocean Office Department. Whether this be wise or unwise legislation,
the f rv*Ce measure was put on the bill. I was not aware of it ought not to be charged to the Post-Office Department.
I,... Iaot> however, that the amount of this appropriation had
The country’s attention will be called to the fact that the
-^'changed.
post-office appropriation bill is growing each year and becom­
\.r' BALLINGER. Yes; that increase became necessary.
ing larger than it ought to be. Items that do not belong to the
J f-C L A Y . I see into it now.
Post-Office Department are now gradually being charged to that
b'utr‘ , pALLINGER, It is precisely the amount that was Department. Let each appropriation bill carry its own burdens,
M
Senate.
and do not charge the Post-Office Department with $3,000,900
pgg r> ELLBERSON. I understand that the amendment on that belong to another Department of the Government.
^ and']QS
*° the adoption of the amendment on pages
Air. President, this hill will amount to about $229,000,000, and
the country will say that these are expenses incident to the PostUj* ,• 1 LAY'. Would it not he better to pass over this arnend- Office Department and not for the ocean mail service. If the
Uatil that is considered?
ocean mail service has merit, let it rest upon that merit, and
be w BALLINGER. If that course is desired, I think it would do not charge it to the Post-Office Department.
u
” iso.
I insist that this amendment is general legislation not pioThe VrcE-PRESIDENT. Without objection, the amendment vided by law, and I make the point of order against it.
Air. HOPKINS. I wish to ask the Senator from Georgia if
T . be Passed ovcr“ ri
»
» ext aniendment was, on page 29, line 6, after the word the amendment is not to provide that the American mails shall
i^ers, ’ t0 striite out the following proviso:
he carried in American bottoms and under the American flag?
carrY°in!?^*' Tllat no Part of sa,d sum R a11 be usecl to pay for tbe Is not that the purpose of the adoption of this amendment?
b
catin,,
n tbe mails any malt, vinous or spiritous liquors, or intoxiMr. CLAY. That is true; but it is not an ordinary expense
8 nquors of any kind, or any cocaine or derivative thereof.
incident to the Post-Office Department.
the {
Th<- uraei,(*ment was agreed to.
Mr. HOPKINS. It has not been up to date.
tiw i e noxt amendment was, on page 29, after line 9, to insert
Mr. CLAY, It never has been so considered, and it never has
I following proviso:
been placed in the post-office appropriation bill.
hert-IViW
e<t’ That the Postmaster-General Is hereby authorized to pay
Mr. HOPKINS. Does not every loyal American believe that
, °.r ovvan mall service under the act of March 3, 1891, In
8
the secoud class oil routes to South America, to the Philip* the American mail should be carried in American bottoms and

S

xlh—

384







6130

CONGRESSIONAL RECORD— SENATE

under the American flag? Is it not as much to the Interest of
the people of the country that this amendment should be adopted
and the mail be carried in the manner provided in the bill
as any other provision of the bill?
Mr. CLAY. I know of two or three or half a dozen bills on
different subjects pending before the Senate in committee of
paramount importance to the country that in all probability
ought to be enacted into legislation, but that is no reason why
we should place them in this or any other appropriation bill.
Mr. GALLINGER. Mr. President------Mr. CLAY. I withdraw tbe point of order, if the Senator
wants to discuss the amendment.
Mr. GALLINGER. Mr. President, I am quite willing that
the point of order shall be made, as I feel sure that it is not
well taken. First I wish to call the attention of the Senator
from Georgia to the fact that he is laboring under a misap­
prehension when he says that this appropriation does not be­
long in the post-ofHce appropriation bill.
He will observe, by turntng to page 28, line 11, the words
“ for transportation of foreign mails, $3,508,8G2.” That is the
appropriation made by the House for this purpose, and all
that is contemplated by the amendment Is to increase that
appropriation for the purpose of increasing the service. So the
contention that this item does not belong on the post-office
appropriation bill is a mistake on the part of the Senator from
Georgia.
Now, if the Senator has made his point of order, I want to
address myself for a moment to that. Did the Senator make
the point of order?
Mr. CLAY. Yes.
Mr. GALLINGER. The Senator from Georgia is unfortunate,
I think, in his contention that an appropriation bill ought not
to contain general legislation, in view of the fact that he had to
confess before he got through that this very bill contains more
general legislation than any post-office appropriation bill he had
any knowledge of. As we have gone along considering this bill
I regret that the Senator from Georgia did not feel it incumbent
upon him to make a point of order against several other provi­
sions in the bill that were undoubtedly obnoxious to the rule.
The Senator from Georgia has made a point of order against
a provision that is not obnoxious to the rule, as I shall endeavor
to show. The amendment was introduced by me and referred
to the Committee on Commerce. That committee, after full con­
sideration, instructed me to report it favorably to the Senate
and move its reference to the Committee on Post-Offices and
Post-Roads, which was done. Under the rule that effectually
disposes of the proposed increase of appropriation, it being pro­
vided in Rule X V I that if a standing committee recommends an
increased appropriation, and it is referred to the committee
having in charge the appropriation bill, it is in order. So the
point of order can not possibly lie against the proposed increase
in the appropriation.
Now, Mr. President, it has been decided over and over again
that when an appropriation is made for a special purpose Con­
gress has a right to define what use shall be made of that appro­
priation, and that is all that the provision on page 29 does.
The amendment provides, in the first place, that we shall in­
crease this appropriation $1,100,000. It then provides that we
shall establish additional mail routes for the purpose of ex­
pending that appropriation, and It provides nothing else in the
world.
On yesterday a very similar contention was raised in the
Senate when the distinguished President pro tempore was in
the chair. I will not take the trouble to read the debate. It
will be found in the R ecord of yesterday’s proceedings. The
Senator from Minnesota [Mr. N elson] made a point of' order
against an amendment that it was general legislation. The
President pro tempore ruled very promptly, and, in my judg­
ment, very properly, on that point of order, and he said:
It has been held several times in the Senate, when a matter like this
has been submitted to it, that it was in order; that the appropriation
Itself being in order, the disposition of the appropriation ia also in
order. Therefore the Chair overrules the point of order.
There are many precedents for that ruling. This amend­
ment comes directly in that class of amendments. W e have
made an additional appropriation; we have provided how that
additional appropriation shall be expended, and that is all there
is to it.
Mr. CULBERSON. Mr. President------lire A ICE PRESIDENT, Does the Senator from New Hamp­
shire yield to the Senator from Texas?
Mr. GALLINGER. Certainly.
Mr. CULBERSON. I should like to ask the Senator from
New Hampshire a question. The third subdivision of Rule
X\ I provides that—
t . x ^ a T i p ^ a tFr i u ? E“ era' ke,aiiu<"' “ “ u be tKei' ea
oK

Mat 12,

I will ask the Senator if the proviso at page 29 does not
change existing law?
Mr. GALLINGER. Well, Mr. President, so far as that is
concerned------Mr. CULBERSON. So that it will be general legislation
amending the act of March 3, 1891.
Mr. GALLINGER. I will suggest to the Senator the change
of existing law has no bearing upon the question, because we
have no rule on that point in the Senate. That is a House
rule.
Mr. CULBERSON. Does the Senator doubt that a provision
in an appropriation bill which changes existing law is general
legislation ?
Mr. GALLINGER. Well, that depends. I f it is connected
with an added appropriation and simply directs how that ap­
propriation shall be expended, I should say not; that when we
increase an appropriation we have a right to specifically define
what use shall be made of that added appropriation, and that
is all that this amendment contemplates.
Mr. CULBERSON. But the rule I submit to the Senator is
very broad:
No amendment which proposes general legislation shall be received
to any general appropriation bill.
Mr. GALLINGER. That would apply to an amendment not
connected with an appropriation contained in the bill, I will say
to the Senator, as I interpret the rule. If we had not increased
the appropriation in this bill, beyond a question tbe Senator’s
point of order would be well taken, but coupling it with the fact
that it is connected with an increased appropriation, the Sena­
tor’s point is not well taken.
N owt, Mr. President, I feel sure that if the Chair will examine
the precedents, and they are quite numerous, the Chair will
find that the contention as made to-day has been made over
and over again on similar occasions, and generally overruled
either by the Chair or the Senate. It was made yesterday and
was overruled, and I feel quite confident that the Chair will,
his wisdom, overrule the point of order which has been made
by the Senator from Georgia.
Mr. CLAY. Mr. President, the Senator from New Hampshire
did not intend to be unjust, I am sure. The Senator says that
I said that these were special amendments to this bill which
were general legislation and that I had simply selected this on®
to make the point of order against it.
Mr. GALLINGER. Well, Mr. President, what did I say?-----Mr. CLAY. One moment; I will go a little further, with the
Senator’s permission. I believe that one or two points of order
have already been made against general legislation in the pend­
ing bill, and if the Senator will turn over a little further he
will find four or five statutes that have been amended in
I doubt if that ought to have been done. You take a pe>ia*
statute and amend it, changing the penalty, and it sometimes
will slip through in an appropriation bill, when otherwise 1
1
would be most critically examined and carefully debated lD
the Senate.
..
Mr. GALLINGER. I quite agree, if the Senator will permit
me, with him on that point, and I have no disposition to criti­
cise the Senator at all.
Mr. CLAY. I know the Senator has not.
Mr. GALLINGER. What I did say was what the Senator
himself confessed, that the bill carries more general legislation
than any similar bill he had knowledge o f; and I meant to
express, as a matter of regret, that the Senator from Georgia
should select this most meritorious amendment, an amendment
that had the almost universal concurrence of the Senate tvbeu
it was here in the form of a bill, and which purposes great
public good. I regretted that the Senator had selected that
amendment against which to make a point of order.
Mr. CLAY. I intended to make two or three other
order. I will say to the Senator that we have passed upon tm*
question on a separate bill in the Senate; it Iuib gone to the
House, and if the House passes it or fails to pass it, the
is responsible for it. It is true that by putting a measure int®
an appropriation bill, whether Congress wants it or not,
times you can get it through. I do not desire to criticise to
measure. I simply say it is dangerous to place general leg
lation in an appropriation bill, especially when we expect* .
considering appropriation bills, that they contain only tn
items necessary to carry out existing law. Bnt I do not ca
to argue the merit o f it.
Mr. President, just a minute in regard to the rule, and I a
through. The rule contains three provisions. I refer to
first part of Rule X V I :
And no amendments shall be received to any general apotopr*3*
bill the effect of which w ill he to Increase an appropriation aireooj ba
tained In the bill, or to add a new Item of appropriation, unless ’ _
made to carry out the provisions of some existing law, or treaty so p 1
"
tion—

1908.

CONGRESSIONAL RECORD— SENATE.

Stopping there, if nothing else appeared, it would be objec­
tionable to the rule—
or act, or resolution previously passed by the Senate during that ses­
sion ; or unless the same be moved by direction of a standing or select
committee of the Senate, or proposed in pursuance of an estim ate of
the head of some one of the Departments.
I concede that the amendment is not objectionable to that
rule, because it was referred, I understand, to the Committee on
Commerce and the Committee on Commerce reported it back to
the Senate favorably and it then went to the Committee on PostOffices and Post-Roads, where it was adopted. I concede that it
is not objectionable to that part of the rule, but now take the
third subdivision:
No amendment which proposes general legislation shall be received to
any general appropriation bill, nor shall any amendment not germane
or relevant to. the subject-matter contained in the bill be received—
I am not prepared to say that this part of the rule would
exclude it—
nor shall any amendment not germane or relevant to the subject-matter
contained in the bill be received.
But in my judgment this provision of the rule does make it
objectionable:
No amendment which proposes general legislation shall be received to
any general appropriation bill.

6131

the Senate by other occupants of the chair. The Chair will
now submit the question to the Senate. Is the proposed amend­
ment in order?
Mr. CULBERSON. I call for a division, Mr. President.
The VICE-PRESIDENT. A division is demanded.
Mr. FRYE. W e had better have the yeas and nays.
Mr. GALLINGER. I will ask for the yeas and nays.
Mr. CLAY. W e have voted on this matter, and I hope we
will not have the yeas and nays.
Mr. CULBERSON. I ask for the yeas and nays on the point
of order.
The yeas and nays were ordered.
Mr. BAN KH EAD . Mr. President, may I inquire what is the
pending question?
The VICE-PRESIDENT. The question is whether the
amendment proposed by the committee is in order.
Mr. BAN KH EAD . That is submitted to the Senate?
The VICE-PRESIDENT. That question is submitted to the
Senate.
,
,
^
Mr. CULBERSON. I understand the question is one of order
merely.
The VICE-PRESIDENT. It is a question of order. _
Mr. KEA N . The question, as I understand, is, Is this amend­
ment properly in the bill?
, ,
The VICE-PRESIDENT. That is the effect of the question
submitted to the Senate.
Mr. PENROSE. All those who believe the amendment is in
order will vote “ yea,” as I understand?
The VICE-PRESIDENT. That is correct.
The Secretary proceeded to call the roll.
Mr. CLARK of Wyoming (when his name was called). I
have a general pair with the senior Senator from Missouri [Mr.
S t o n e ], but I will transfer that to the Senator from Nevada
[Mr. N ix o n ] and vote. I vote “ yea.”
Mr. D ILLIN GH AM (when his name was called). I have
a general pair with the senior Senator from South Carolina
[Mr. T il l m a n ], who is detained by illness. I will transfer that
pair to the senior Senator from Washington [Mr. A n k e n y ] and
vote. I vote “ yea.”
Mr. FOSTER (when his name was called). In the absence of
my pair, the senior Senator from South Dakota [Mr. K it tredge ], I withhold my vote.
Mr. FULTON (when his name was called). I have a general
pair with the junior Senator from Arkansas [Mr. D avis ], who
is absent. I will transfer that pair to the junior Senator from
Kansas [Mr. Curtis] and vote. I vote “ yea.”
Mr. TALIAFERRO (when Mr. M ilton’s name was called).
I understand my colleague [Mr. M ilton ] is paired vitli the
Senator from New York [Mr. P latt ].
Mr OVERMAN (when his name was called). I have a pair
with the junior Senator from Missouri [Mr. W a r n e r ]. I f he
were present, I should vote “ nay.”
The roll call was concluded.
.
.
Mr PILES. I desire to announce the illness of my col­
league [Mr. A n k e n y ], who is therefore detained from the Sen­

Now, what is the amendment? It is general legislation. It is
a bill to amend existing law, to change it, and to make mate­
rial changes in it. How it can be judged as being any other
than general legislation I confess I am not able to understand.
Mr. BURKETT. Mr. President------The VICE-PRESIDENT. Does the Senator from Georgia
yield to the Senator from Nebraska?
Mr. CLAY. Certainly.
Mr. BURKETT. I should like to ask the Senator a ques­
tion. As I understand the law it now provides that certain
rates can be paid to ships of the first class.
Mr. CLAY. Yes.
Mr. BURKETT. In short, if that class of vessels run to the
Ports of South America there would not be any question about
it; that would be just the law as it is, as I understand it. In
j-aet, all the change there is is adding “ second cla ss” after
“ first class.” That merely is a provision that in distributing
this money for carrying the mails to South America it can
fie used for second-class vessels just the same as it can be used
n°w for first-class vessels. So it does not change the law,
fint simply distributes the money in a different way to that
clnss of vessels.
Mr. CLAY. It does change the law. It provides a different
*hle of compensation.
j
Mr. BURKETT. Every appropriation bill provide fpr a dif­
ferent rule of compensation. That is the
existing
Mr. CLAY. Every appropriation bill
the statute
ia'v< and if this bill simply attempted to
It, but this
it now exists there would be no trou
ls an effort to amend and chang® the e; ting statute. I do
fiot care to consume the time of tho^enate, however, because
.
. . .
..
„
r
f know the chairman of theJcomiitfuee is anxious to complete ate to-day.
Mr. GAMBLE (after having voted In the affirmative). I
the bill.
I y T
have already voted, but I have discovered that the senior Sen­
Mr. FRYE. Mr. Prcsidenf, on yesterday there came up a ator from Nevada [Mr. N e w l a n d s ] has not voted. I have a
Question precisely like] this sin every regard. It was on the generaLpair with that Senator, but I will transfer it to the
amendment toucuittg ttfr wejighing of the malls, and it did change junior Senator from Nebraska [Mr. B r o w n ], and will let my
existing law yi ih:i »y g/espects. The point of order was
vote stand.
®ade by the SeilitprAtim Minnesota [Mr. N e l s o n ] that it was
The result was announced— yeas 46, nays 12, as follows:
general legislation/ I mad the honor at the time to be presidYEAS—46.
Jfid, (without any hesitation, I overruled the point of order
Penrose
Crane
Gamble
AIHsod
Perkins
, j.'y ly ini the ground that the appropriation In the bill was Bankhead
Cullom
Guggenheim
Tiles
Dick
Hale
a p m a t M m d that it was not general legislation to give the Borah
Richardson
Dillingham
Hemenway
Gemiigi ° f i)OW the appropriation should be expended. It has Bourne
Scott
Dolliver
Hey burn
Brandegee
Smith, Mich.
so lleId by the Senate at least four times, and never held Briggs
du Pont
Hopkins
Stephenson
Elkins
Kean
otBferwise but once. It was so held by a presiding officer of Bulkeley
Sutherland
F lint
Knox
llle Senate at one time when I offered an amendment to the Burkett
Warren
Foraker
L?n£
Burnham
Wetmore
Post-office appropriation bill appropriating a large sum of money Burrows
jTj'yg
Martin
Fulton
Nelson
for carrying the mails to South America. I do not see that Carter
Gallinger
Owen
is any distinction whatever between this amendment and Clark, Wyo.
NAYS^-12.
Jbo ease where I o v erru led the point of order made by the SenaPavnter
Frazier
McCreary
or from Minnesota
An appropriation is made here entirely in Bailey
Taliaferro
Gary
McLaurin
Teller
° r<b‘r and entirely legitimate relating to the carrying of the Clay
Gore
Money
Culberson
foreign mails. Then this provision simply prescribes how that
NOT VOTING— 34.
Smith, Md.
Additional money appropriated shall be expended. I can not Aldrich
Davis
McCumber
Smoot
Depew
McEnery
for the life of me see how that can be regarded as general leg* Ankeny
Stewart
Dixon
Milton
•Ration, and If I had been presiding to-day, without any hesita- Bacon
Stone
Foster
Newlands
Beveridge
Taylor
f|on at all I should have overruled the point of order made by Brown
Ilansbrough
Nixon
Tillman
.Tohnston
Overman
Clapp
t
Senator from Georgia [Mr. C l a y ].
.
Warner
Kittredge
P latt
The VICE-PRESIDENT. A similar question has been pre- Clarke, Ark.
La Follette
Rayner
Curtis
sontiHl t0 tjie Senate a number of times. The question as to
Lodge
Simmons
Daniel
^'bother an amendment substantially similar to the ora^chal
geueral rule been submitted to I So the amendment of the committee was decided to be in order.
ongod was in ordec has as

J







6132

CONGRESSIONAL RECORD— SENATE.

May 12,

The VICE-PRESIDENT. The question recnrs on agreeing nated for conducting money-order transactions with foreign countries,
and all coupons of issued international money orders now filed in
to the amendment of the committee.
the office of the Auditor for the Post-Office Department, or which may
The amendment was agreed to.
hereafter be filed therein, after three years shall have elapsed from
The reading of the bill was resumed. The next amendment the expiration of the period covered by such statements and l i s t s : Pro­
of the Committee on Post-Offices and Post-Roads was, under vided, That the Postmaster-General, upon evidence satisfactory to him,
and under such special regulations as he Bhall prescribe, may cause
the subhead “ Office of the Third Assistant Postmaster-General,” payment to be made in the manner prescribed in sections 4 and 11 of
on page 31, line 1, before the word “ envelopes,” to strike out the act approved January 27. 1894, of the amount of any domestic
“ and official; ” and in line 2, after the word “ agency,” to money order remaining unpaid after the lapse of three years from the
date of its Issue. And it shall hereafter be the duty of the Auditor
strike out “ at Dayton, Ohio, including expenses attendant on for the Post-Office Department to maintain a complete and permanent
inspection of manufacture of official envelopes at Cincinnati, record of all unpaid money orders Issued by postmasters In the United
States, or such of its insular possessions as are amenable to the au­
Ohio,” so as to make the clause read:
thority of the Postmaster-General for payment within its own territory,
For pay of agent and assistants to examine and distribute stamped such record to serve as a basis for adjudicating claims for payment by
envelopes and newspaper wrappers, and expenses of agency, $25,000.
warrant of the amounts of said orders.
The amendment was agreed to.
The amendment was agreed to.
The next amendment was, on page 31, line 8, to increase the
The next amendment was, on page 35, after line 11, to in­
appropriation for pay of agent and assistants to examine and sert:
distribute postal cards, and expenses of agency, from $6,000
That section 3893 of the Revised Statutes of the United States be,
to $6,500.
and the same is hereby, amended by adding thereto the follow in g:
And the term ‘ Immoral ’ within the intendment of this section
The amendment was agreed to.
shall include matter of a character tending to incite arson, murder, or
The next amendment was, on page 31, after line 10, to strike assassination; and the Postmaster-General is hereby authorized to ex­
out—
clude from the second-class mailing privileges any anarchistic publica­
For payment of limited indemnity for the loss of pieces of first- tion which contains matter that suggests, advocates, or approves the
class domestic registered matter, $25,000. That hereafter all moneys abolition, overthrow, or destruction of any and ail government, or the
recovered or collected on account of loss of first-class domestic regis­ commission of arson, murder, or assassination.”
tered matter which in the course of adjustment are not restored to
Hr. SUTHERLAND. Mr. President, I observe in line 19 the
the original owners, shall be covered Into the Treasury of the United
word “ publication ” is qualified by the word “ anarchistic.” It
States.
For payment of limited Indemnity for the loss of registered articles seems to me that that constitutes an unnecessary limitation
In the international mails, $10,000.
upon what follows in the section. The provision reads:
And the Postmaster-General is hereby authorized to exclude from
And in lieu thereof to insert:
the second-class mailing privileges any anarchistic publication which
For the payment of limited indemnity for the loss of first-class contains matter that suggests, advocates, or approves the abolition,
domestic registered matter and for the loss of registered articles in the overthrow, or destruction of any and all government, or the commis­
International mails, $25,000: P rovid ed , That all moneys now In the sion of arson, murder, or assassination.
hands of officers and agents of the Post-Office Department and all
moneys hereafter recovered, collected, or received from any source on
Manifestly a publication which contains matter of that kind
account of the loss of registered mail of any kind, either foreign or
domestic, shall he deposited in the Treasury for service of the Post- ought to be excluded from the mails whether it can be charac­
Office D epartm ent; and an appropriation is hereby created, to be terized as “ anarchistic ” or not. So I move to strike out the
denominated “ Indemnity for lost registered mail,” which shall he word “ anarchistic.”
credited with all such deposits. All appropriations made for the pay­
The VICE-PRESIDENT. The amendment to the amendment
ment of indemnity for the loss of registered mail, either foreign or
domestic, shall be available until expended, without regard to fiscal will be stated.
years, for the payment of indemnity for lost registered mail, either
The Secretary. On page 35, line 19, before the word “ publi­
foreign or domestic, and for the reimbursement to the owners of such
moneys as they may equitably be entitled to and which have previously cation,” it is proposed to amend the amendment of the com*
been deposited In the Treasury to the credit of this appropriation: mittee by striking out the word “ anarchistic.”
P rovid ed , That Senators, Representatives, and Delegates in Congress
The amendment to the amendment was agreed to.
are authorized to send by registered mail, free of charge, United States
The amendment as amended was agreed to.
maps and other especially valuable Government publications.
Mr. H ALE. I will ask what became of the provision on
The amendment was agreed to.
page 35?
The next amendment was, on page 32, after line 21, to strike
The VICE-PRESIDENT. It was amended and then agreed
out:
to.
For the employment of special counsel to be appointed by the At­
Mr. HALE. I will ask that that amendment be considered
torney-General, when requested by the Postmaster-General, and at
compensation to be fixed by the Attorney-General not exceeding this open.
temporary appropriation, to prosecute and defend, on behalf of the
The VICE-PRESIDENT. Without objection, the amendment
1‘ost-Office Department, all suits now pending or which may hereafter will be considered as open,
arise affecting the second-class mailing privilege, $10,000.
Mr. PENROSE. What amendment is that?
The amendment was agreed to.
Mr. H ALE. The amendment at the bottom of page 35.
The next amendment was, on page 33, after line 3, to insert:
Mr. FRYE. The first amendment or the last one?
Amend section 3847 of the Revised Statutes of the United States to
Mr. IIALE. The last one.
read as fo llo w s:
Now let the Secretary read the amendment beginning in lino
Any postmaster, having public money belonging to the Govern­
ment, at an office within a city or town where there is no Treasurer 15, page 35, and I ask the Senate to listen to it.
or assistant treasurer of the United States, or designated depositary,
The VICE-PRESIDENT. The Secretary will read as re*
may deposit the same temporarily, at his own risk and in his official
capacity, in any national bank in the State in which the said post­ quested.
The Secretary read as follow s:
master resides, or In which his office is located, or within a reasonable
radius of his post-office in an adjacent State, but no authority or per­
That section 3893 of the Revised Statutes of the United States be.
mission Is or shall be given for the payment to or receipt by a post­
master or any other person, of interest, directly or indirectly, on any and the same is hereby, amended by adding thereto the follow ing: , „
•’And the term ‘ Immoral’ w ithin the intendment of this section
deposit made as herein described.”
shall Include matter of a character tending to incite arson, murder,
The amendment was agreed J o .
or assassination; and the Postmaster-General Is hereby authorized,
The next amendment was, on page 33, after line 16, to Insert: exclude from the second-class mailing privUeges any publication wbicn
contains matter that suggests, advocates, or approves the abolltio0*
Amend sections 3G4G and 3G47 of the Revised Statutes of the United overthrow, or destruction of any and all government or the commis­
States (as amended by act of June 19, 1906) to read as follow s:
sion of arson, murder, or assassination.”
“ Whenever any original check or warrant of the Post-Office Depart­
Mr. H ALE. I hope the Senate will realize what the effect
ment has been lost, stolen, or destroyed, the Postmaster-General may
authorize the Issuance of a duplicate thereof within three years from of this will be.
the date of such original check or warrant, upon the execution by the
The VICE-PRESIDENT, The question is on agreeing to the
owner thereof of such bond or indemnity as the Postmaster-General
may prescribe: P rovided , That when such original check or warrant amendment as amended.
does not exceed in amount the sum of $50, and the payee is, at the
Mr. KEAN. I call the Senator’s attention to the fact that
date of the application, an officer or employee in the service of the as I understand, this provision proposes to amend section 3S93
Post-Office Department, whether by contract, designation, or appoint­
ment, the Postmaster-General may, in lieu of an Indemnity bond, of the Revised Statutes. I do not know what the section ot
authorize the Issuance of a duplicate check or warrant upon such an the Revised Statutes referred to is ; but as this is the on*/
affidavit as he may prescribe, to be made before any postmaster by the thing that is described as immoral, I should think this is de­
payee of an original check or warrant.
stroying existing law on the subject.
The amendment was agreed to.
Mr. H ALE. Undoubtedly it is.
The next amendment was, on page 34, after line 10, to In­
Mr. PEN R O SE I do not understand the objection and criti­
sert:
cism of the Senator from Maine to this section.
of £he. Trcaf U
I7 and the Postmaster-General shall
Mr. H ALE. I only said that I thought the Senate ought to
destroyed, in such manner as they may deem best, all
S
i rendered by postmasters and all paid money realize the effect of this amendment, amounting, as it does, w
‘
ternationfli ^ f y n S ^
.the 8a% a,3 wel1 ns a11 descriptive lis t s of in­ a practical censorship of the press by the Post-Office DeparC
ternational money orders certified to or by the exchange offices desig­ ment. It is a matter entirely for the Senate to decide.

CONGRESSIONAL RECORD— SENATE.

1908.

SENATE.
W

ed n esd ay,

M a y 1 3 , 1908.

Prayer by Rev. U l ysse s G. B. P ierce , of the city of Wash­
ington.
The Vice-President being absent, the President pro tempore
assumed the chair.
The Journal of yesterday’s proceedings was read and ap­
proved.
freedhen ’ s h o sp it al .
The PRESID EN T pro tempore laid before the Senate a com­
munication from the Secretary of the Treasury, transmitting
a letter from the Secretary of the Interior, submitting an es­
timate of reappropriation of the unexpended balance of the ap­
propriation for furnishing new building, Freedmen’s Hospital,
made by the sundry civil act of March 4, 1907, the same to re­
main available until expended, which, with the accompanying
paper, was referred to the Committee on Appropriations and
ordered to be printed.
TESTS OF PETROLEUM.
The PRESIDENT pro tempore laid before the Senate a com­
munication from the Secretary of the Treasury, transmitting a
letter from the Secretary of the Interior, submitting an esti­
mate of appropriation for expenses of making petroleum tests
and of meeting of the international commission for standardiz­
ing of methods of testing petroleum, etc., $10,000, which, with
the accompanying papers, was referred to the Committee on
Appropriations and ordered to be printed.
LIQHT-HOTJSE ESTABLISHMENT.
The PRESIDENT pro tempore laid before the Senate a com­
munication from the Secretary of the Treasury, transmitting a
letter from the Secretary of Commerce and Labor, submitting
estimates of appropriations for additional light-houses and other
Public works in the Light-House Establishment, $940,325, which,
with the accompanying papers, was referred to the Committee
°n Appropriations and ordered to be printed.
FINDINGS OF THE COURT OF CLAIMS.
The PRESIDENT pro tempore laid before the Senate com­
munications from the assistant clerk of the Court of Claims,
Transmitting certified copies of the findings of fact filed by the
c°urt in the following causes:
n the cause of William W . Dewhurst, as administrator, with
ae will annexed, of George Dewhurst, deceased, v. United
states; and
„ *n
r- f

cause of Herbert R. Green, administrator de bonis
Nathaniel Green, deceased, v. United States.
foregoing findings were, with the accompanying papers,
led to the Committee on Claims and ordered to be printed.

m essa g e FROM THE nOtJSE.
A message from the House of Representatives, by Mr. W . J.
a™°W? IXa’
Chief Clerk, announced that the House had
Lreed to the report of the committee of conference on the disTotes of the two Houses on the amendments of the
0a’ e t0
k1 1 (H . R. 20471) making appropriations for the
1
‘ 'ill service for the fiscal year ending June 30, 1909, and for
ot jmr purposes.

a i/* 10 amssage also announced that the House insists upon its
eitii ? i ?eut t0 tlle bill (S. 4812) to regulate the employment of
asl . i * 0r
District of Columbia, agrees to the conference
tlle Senate on the disagreeing votes of the two
Olii
tlereou> and had appointed Mr. O lcott , Mr. T aylob of
o, and Mr. J ohn son of Kentucky, managers at the confer­
e e on the part of the House.
ENROLLED BILL SIGNED.
I l r / lQ messa8e further announced that the Speaker of the
amh.
4 signed Cie enrolled bill (H .R . 20784) an act to
tul i i i ® aMtional aids to navigation in the Light-House Es(r ,
J
and for other purposes, and it was thereupon
sned by the Vice-President.
PETITIONS AND MEMORIALS.
ten r'.^ C A T T presented a memorial of Local Union No. 5, In| a atmnat Brotherhood of Paper Makers, Pulp, Sulphite, and
>
the r .
*1* Worliers, of Wadley, N. Y., remonstrating against
r i a l s * 681 °* the duty on white pai>er, wood pulp, and the matethti r.Used in the manufacture thereof, which was referred to
0 Committee on Finance.
tj ® also Presented petitions of sundry citizens of Albion,
th e o t
Poughkeepsie, Salamanca, Utica, and Yonkers, all in
ktate of New York, praying for the adoption of certain




6173

amendments to the so-called “ Sherman antitrust law ” relat­
ing to labor organizations, which were referred to the Com­
mittee on the Judiciary.
Mr. McCREARY presented a petition of sundry citizens of
the United States praying for the enactment of legislation to
prohibit any President, Cabinet officer, or assistant Cabinet of­
ficer to be nominated by any political party as a candidate for
the Presidency unless he shall have resigned his office at least
six months before such nomination is made, which was referred
to the Committee on Privileges and Elections.
Mr. GALLINGER presented a memorial of the East Washing­
ton and West Washington citizens’ associations, of the District
of Columbia, remonstrating against the enactment of legislation
changing the names of Georgia avenue SE. and Brightwood
avenue NW ., in the District of Columbia, which was referred
to the Committee on the District of Columbia.
He also presented a petition of the East Washington Citizens’
Association, of the District of Columbia, praying for the enact­
ment of legislation providing for the elimination of grade cross­
ings in the District of Columbia, including the tracks to the
navy-yard, which was referred to the Committee on the District
of Columbia.
Mr. H ALE presented a memorial of Local Union No. 27, Inter­
national Brotherhood of Paper Makers, Pulp, Sulphite, and
Paper Mill Workers, of Millinocket, Me., remonstrating against
the repeal of the duty on white paper, wood pulp, and the mate­
rials used in the manufacture thereof, which was referred to
the Committee on Finance.
He also presented a petition of Branch No. 29, Quarry Work­
ers’ International Union, of Hallowell, Me., praying for the
adoption of certain amendments to the so-called “ Sherman anti­
trust law ” relating to labor organizations, which was referred
to the Committee on the Judiciary.
He also presented a petition of the Athene Club, of Bangor,
Me., praying for the enactment of legislation for the conserva­
tion of the natural resources of the country, which was referred
to the Committee on Forest Reservations and the Protection of
Game.
Mr. SUTHERLAND presented a petition of sundry citizens of
Ogden, Utah, praying for the adoption of certain amendments to
the so-called “ Sherman antitrust law ” relating to labor organi­
zations, which was referred to the Committee on the Judiciary.
Mr. CULLOM presented petitions of sundry citizens of Chi­
cago, Breese, Urbana, Kewanee, Beardstown, Peoria, Freeport,
and Ottawa, all in the State of Illinois, praying for the adoption
of certain amendments to the so-called “ Sherman antitrust
law ” relating to labor organizations, which were referred to the
Committee on the Judiciary.
Mr. BROW N presented petitions of the Ladies’ Aid Society
of the First Presbyterian Church of Valentine; of the Equal
Suffrage Club of Rushvilie, and of Woman’s Relief Corps, No.
205, o f Rushville, all in the State of Nebraska, praying for the
adoption of an amendment to the Constitution to prohibit the
disfranchisement of citizens of the United States on account of
sex, which were referred to the Select Committee on Woman
Suffrage.
He also presented petitions -of sundry citizens and labor
organizations of Omaha and South Omaha, in the State of
Nebraska, praying for the adoption of certain amendments to
the so-called “ Sherman antitrust law ” relating to labor organ­
izations, which were referred to the Committee on the Judi­
ciary.
Mr. RICHARDSON presented a petition of sundry citizens
of Magnolia, Del., praying for the enactment of legislation to
regulate the interstate transportation of intoxicating liquors,
which was ordered to lie on the table.
Mr. HOPKINS presented petitions of sundry citizens and
labor organizations of Chicago Heights, Cairo, Kewanee, O’Fal­
lon, and Belleville, all in the State of Illinois, praying for the
adoption of certain amendments to the so-called “ Sherman
antitrust la w ” relating to labor organizations, which were
referred to the Committee on the Judiciary.
Mr. du PONT presented a petition of sundry citizens of
Wilmington, Deh, praying for the adoption of certain amend­
ments to the so-called “ Sherman antitrust law ” relating to
labor organizations, which was referred to the Committee on
the Judiciary.
Mr. GORE presented a petition of the board of county com­
missioners of Carter County, Okla., praying for the enactment
of legislation permitting the present United States jail at
Ardmore, in that State, to be used as a county jail for Carter
County, which was referred to the Committee on the Judiciary
Mr. STONE presented petitions of sundry citizens and labor
organizations of Springfield, Hannibal, Kansas City, Sedalia

6174

CONGRESSIONAL RECORD— SENATE.

St. Louis, St. Joseph, Joplin, Keota, Moberly, Poplar Bluff,
Connelsville, Clifton Hill, Novinger, Graniteville, Bevier, Cape
Girardeau, Marceline, De Soto, Charleston, Sikeston, Flat River,
all in the State of Missouri, praying for the adoption of cer­
tain amendments to the so-called “ Sherman antitrust law ”
relating to labor organizations, which were referred to the
Committee on the Judiciary.
Mr. PILES presented petitions of sundry citizens and labor
organizations of Franklin and Seattle, in the State of Wash­
ington, praying for the adoption of certain amendments to the
so-called “ Sherman antitrust law ” relating to labor organiza­
tions, which were referred to the Committee on the Judiciary.
He also (for Mr. A nkeny) presented petitions of sundry
citizens and labor organizations of Seattle and Spokane, in the
State of Washington, praying for the adoption of certain
amendments to the so-called “ Sherman antitrust law ” relating
to labor organizations, which were referred to the Committee
on the Judiciary.
He also (for Mr. Ankeny) presented a memorial of sundry
citizens of Walla Walla, Wash., remonstrating against the en­
actment of legislation to prohibit Sunday banking in post-offices
in the handling of money orders and registered letters, which
was referred to the Committee on Post-Offices and Post-Roads.
Mr. STEPHENSON presented petitions of sundry citizens and
labor organizations of La Crosse, Superior, Racine, Waukesha,
Madison, South Kaukauna, Marinette, and Milwaukee, all in the
State of Wisconsin, praying for the adoption of certain amend­
ments to the so-called “ Sherman antitrust law ” relating to
labor organizations, which were referred to the Committee on
the Judiciary.
Mr. CLAPP (for Mr. K ittbedge ) presented a petition of sun­
dry citizens of South Dakota, praying for the adoption of cer­
tain amendments to the so-called “ Sherman antitrust law ” re­
lating to labor organizations, which was referred to the Com­
mittee on the Judiciary.
Mr. CURTIS presented petitions of sundry citizens and labor
organizations of Weir and Leavenworth, in the State of Kan­
sas, praying for the adoption of certain amendments to the
so-called “ Sherman antitrust law ” relating to labor organiza­
tions, which were referred to the Committee on the Judiciary.
CHOCTAW INDIAN BOLLS.
Mr. CURTIS. I present the memorial of Green McCurtain,
principal chief of the Choctaw Nation, remonstrating against
the reopening of the tribal rolls of that nation. I move that it
be printed as a document and referred to the Committee on
Indian Affairs.
The motion was agreed to.
RETORTS OF COMMITTEES.

i
\

V




May 13,

Mr. FRYE, from the Committee on Foreign Relations, to
whom was referred the bill (S. 6641) to incorporate the Ameri­
can National Institute (Prix de Paris) at Paris, France, re­
ported it without amendment, and submitted a report (No. 647)
thereon.
Mr. PLATT, from the Committee on Naval Affairs, to whom
were referred the following bills, reported them severally with­
out amendment, and submitted reports thereon:
A bill (S. 6544) to remove the charge of desertion from the
record of William H. Atkins (Report No. 6 4 4 ); and
A bill (II. R. 5297) to complete the naval record of John
Shaughnessy (Report No. 645).
Mr. PENROSE, from the Committee on Post-Offices and PostRoads, to whom were referred the following bills, reported them
severaliy without amendment, and submitted reports thereon:
A bill (S. 1750) to reimburse Ella M. Collins, late postmaster
at Goldfield, Nev., for money expended for clerical assistance
and supplies (Report No. 6 4 S ); and
A bill (S. 66S2) to reimburse W . B. Graham, late postmaster
at Ely, Nev., for money expended for clerical assistance (Re­
port No. 649).
SCHOOL LANDS IN MISSISSIPPI.
Mr. McLATJRIN. I report back from the Committee on
Public Lands with an amendment the bill (S. 7091) to grant to
the State of Mississippi certain lands for the use of the com­
mon schools of that State, and I ask unanimous consent for its
present consideration.
Tlte Secretary read the bill, and there being no objection, the
Senate, as in Committee of the Whole, proceeded to its consid­
eration.
The amendments were, on page 1, line 12, after the word
“ canceled,” to insert the words “ the title to; ” and at the end
of line 12, after the w ord “ shall,” to strike out the words “ be
r
thereby granted to ” and insert “ thereupon vest in,” so as to
make the bill read:
B e i t e n a c te d , e t c ., That the public lands of the United States in the
State of Mississippi be. and are hereby, granted to the State of Mis­
sissippi, the proceeds of the sale thereof to be used in the support of
the common schools of said State.
Sec. 2. That the grant made in section 1 of this act shall not inter­
fere with the claim of any person who lias before the passage of this
act initiated a homestead of any of said public lands, but said home­
stead claim shall proceed as if this act had not been passed. If said
homestead shall for any cause be canceled the title to the laud included
therein shall thereupon -rest in said State of Mississippi.
S ec. 3. That this act shall take effect from and after its passage.
The amendments were agreed to.
The bill was reported to the Senate as amended, and the
amendments were concurred in.
The bill was ordered to be engrossed for a third reading, rend
the third time, and passed.

Mr. ALLISON. I am directed by the Committee on Appro­
HOWARD B. CABPENTF.B.
priations, to whom was referred the bill (II. R. 21200) making
Mr. FULTON. I am directed by the Committee on Claims, to
appropriations for sundry civil expenses of the Government for
the fiscal year ending June 30, 1909, and for other purposes, to whom was referred the bill (S. 3810) for the relief of Howard
report it with sundry amendments, and I submit a report (No. B. Carpenter, to report it favorably without amendment, and I
submit a report (No. 643) thereon. I call the attention of the
641) thereon.
This is a bill of considerable detail and its importance, of Senator from Wyoming [Mr. W a r r e n ] to the bill.
Mr. WARREN. I ask for the immediate consideration of the
course, is well known to the Senate. I need not call attention
to this fact or to the situation as respects the bill. Therefore, bill.
The Secretary read the bill, and tliere being no objection, tb®
without calling attention to the details, I wish to say that I
shall ask the Senate to-morrow morning, after the completion Senate, as in Committee of the Whole, proceeded to its consid­
of the routine business, to take up the bill, with the expectation eration. It proposes to pay to Howard B. Carpenter $2,446-" 6
the balance due him for survey of boundary line between the
that it can be passed with proper dispatch.
The PRESIDENT pro tempore. The bill will be placed on States of Idaho and Montana, under contract dated February
10, 1904,
the Calendar.
The bill was reported to the Senate without amendment, ° r'
Mr. FLINT. From the Committee on Pacific Islands and
Porto Rico, I report back favorably without amendment the bill dered to be engrossed for a third reading, read the third 4ini®»
(II. R. 11560) relating to unpaid Hawaiian Postal Savings and passed.
MILITARY POSTS.
Bank deposits, and I submit a report (No. 646) thereon, I ask
Mr. W ARREN, from the Committee on Military Affairs, to
for the immediate consideration of the hill.
Mr. TELLER. This in an important bill, and it ought to be wffioin was referred the following resolution, submitted by -'II:
Scott April 13, 1908, re[K>rted it with amendments and mov'c»
printed and lie over.
The PRESIDENT pro tempore. The bill will go to the C aK , that it be referred to the Committee to Audit and Control tu
Contingent Expenses of the Senate, which was agreed to :
endar, under the objection of the Senator from Colorado.
Mr. OWEN. From the Committee on Public Lands, I report jj R esolved , That the Committee on Military Affairs be. and It l# here
authorized and directed, by subcommittee or otherwise, to visit. < “ )u
*
back with an amendment the bill (S. 5164) to provide for the j the recess of the Senate, such military posts of the United States a*1
improvement of the Platt National Park, situated at Sulphur,/ the committee's judgment should be examined, in order to sscer - .
existing conditions at such posts, the necessities for legislation’
Okla., and I ask for its present consideration.
any other and further Information bearing upon military [Mists as
(
The Secretary proceeded to read the bill.
seem important and of value in the consideration of future prop - .
Mr. SCOTT. Let the bill go over.
military legislation. And the committee Is further authorized to
\
,
The PRESIDENT pro tempore. Objection is made and the for persons and papers, to subpeena witnesses and administer o a u »
to employ a stenographer to take notes or testimony and to do cm - *,
bill goes to the Calendar.
duties, the expenses incurred to be paid out of the contingent runu
Mr. OWEN, from the Committee on Public Lands, to whom the Senate.
MISSOURI RIVER BRIDGE.
was referred to the bill (S. 6246) authorizing the Secretary of
the Interior to set aside a certain tract of land for town site
Mr. MARTIN. I am directed by the Committee on Com­
purposes, reported it with an amendment.
merce, to whom was referred the bill (S. 6966) to extend th

1908

CONGRESSIONAL RECORD— SENATE.

Mr. WARREN. Possibly I could, if it were known when
we may adjourn this session. I will say that so far as I am
concerned I am at the present time a member of four different
conferences, some of which have not yet had a session and
others of which are in contention. I am a member of the Ap­
propriations Committee, which has yet to consider the sundry
civil appropriation bill and the deficiency bill. I am a mem­
ber of the Military Committee, that has yet to consider the Mili­
tary Academy bill, and as a member of Public Buildings and
Grounds Committee will soon, I expect, have to do duty on the
omnibus public-buildings bill. It does seem to me, if we are
to adjourn as early as next week, that I will not be ready within
that time. I f our session may extend some weeks longer, I will
endeavor to be prepared to proceed to its consideration.
Mr. FORAKER. Then, Mr. President, I ask unanimous con­
sent that this bill be made the unfinished business for the first
day of the December session, and that we take a vote on it on
the second Wednesday after the session convenes.
Mr. CULBERSON. So far as this question is concerned, this
side of the Chamber, I think, is ready to vote now or at any
time. There is no special reason for postponing it to the next
session. I object.
The VICE-PRESIDENT. Objection is made.
Mr. ALDRICH. Mr. President, I hope that the Senator from
Texas will not interpose an objection to this reasonable request
of the Senator from Ohio. I think that Senators upon the other
side are as desirous as Senators upon this side that the session
shall be brought to a close in the near future. It is very evi­
dent that it can not be brought to a close if we are to enter upon
a prolonged discussion of this question. I will say to the Sen­
ator from Texas that the request of the Senator from Ohio is
certainly a very moderate and reasonable request. I will also
to the Senator— Mr. CULBERSON. It occurred to me that the requests of the
Senator from Ohio— the two previous requests— were not alto­
gether unreasonable. There is no objection, so far as I know.
°n this side of the Chamber. Of course, this is not a party
Question. I trust it will not become such.
Mr. ALDRICH. It is not a party question, but the party-----Mr. CULBERSON. It occurs to me that we ought to dis­
pose of the matter; that it might be disposed of and gotten rid
and I must object to making it the unfinished business for
the next session.
Mr. ALDRICH. This is not a party question, and I hope
t never will become a party question. It evidently can not be
uisiKxsiyi of at this session if the session is not to be indefinitely
belonged. It will be disposed of at the next session. The
•euators sitting upon this side of the Chamber, having the re­
sponsibility of legislation, if objection is made, I am sure will
ote unanimously to take up the bill and proceed to its conjderation until it is disposed of at the next session. I hope,
ruerefore, with a view of harmonizing the various interests
‘‘ hd with a view of presenting an orderly disposition of busln&
ss, that the Senator from Texas will withdraw his objection,
to i FORAKER. Is tile objection of the Senator from Texas
0 the day named or simply to its going over at all?
Mr. CULBERSON. Mr. President, in view of what has been
md by the Senator from Rhode Island, I think It is proper to
tate that I recognize that the majority of this Chamber Is
esponsible for legislation and that it ought to take whatever
sponsibillty attaches either for legislating or a failure to
slate.
*his matter is one of great importance. It affects the disciof t f ° f ^ ie Aruiy °* tbe United States. It affects the safety
k
10 Public, tlie security of the public in their homes, and we
jieve that it ought to be disposed of at this session.
.^ • F O R A K E R . I did not hear the last w ords of the Senator
r
„
Texas, but I understand that his objection is to the matter
mg over until the next session; that he wants to have it disj JS,‘d of at the present session. Can the Senator say that if
cftlfove to Proceed with this business and fix a day, he or his
Ueagues on that side of the Chamber will vote with me to-day?
r' CULBERSON. Mr. President, this side of the Chamber
* ,* vote ns the motions are made. The statement stands which
tuUa' e uiade, that we object to postponing this matter until the
M session of Congress.
;.!'■• W ARREN. Mr. President------to
^ IC E-PR E SIDE NT. Does the Senator from Ohio yield
A le Senator from Wyoming?
r[r- FORAKER. I do.
t, Wr- W ARREN. I Wish to say that I make no objection to
!r 0 rvqnest of the Senator, and I wish that there might be some
^fu»iud ° f agreement and some day fixed in the next session
” *** Will be agreeable to all parties.




6185

Mr. FORAKER. I move that Senate bill 5729 be made the
special order for the second Wednesday after the beginning of
the next session in December.
Mr. BACON. I ask the Senator from Ohio if he prefers the
next session to the present session?
Mr. FORAKER. No, sir ; I do not. I will say to the Senator
that if I had my own preference about the matter, I would
vote this afternoon. But I recognize that the Senator from
Massachusetts was called away under circumstances that we
are bound to respect. I know that he was in the midst of the
preparation of a speech that he was very anxious to make. He
came to see me about it and told me of it before he knew of
his sister’s illness. When, yesterday morning, I learned that
he had been unexpectedly called away on that account, I recog­
nized I had a situation to deal with that I was bound to re­
spect, and I feared on that account I might not be able to get
a vote.
So far as the Senator from Wyoming [Mr. Warren] is con­
cerned, I know he has been busy and has not had an oppor­
tunity to prepare, but I would not give him a day, because he
is so familiar with this subject that he can speak at any time,
and I think the less time he has to get ready the better for
him and the cause of justice.
Mr. WARREN. The cause of justice?
Mr. FORAKER. And the cause of justice.
Mr. BACON. I desire to state in answer to the inquiry made
of this side of the Chamber that while I will undoubtedly vote
against either the hill proposed by the Senator from Missouri
[Mr. Warner] or the bill proposed by the Senator from Ohio
[Mr. Foraker], I think if any injustice has been done it ought
to be corrected speedily; and if no injustice has been done, it
ought to be ascertained. Therefore I am prepared to say to
the Senator that if he desires to move to take up his bill at
this session, I will vote with him to take it up.
Mr. FORAKER. I am very much gratified to have that as­
surance from the Senator from Georgia. I perhaps may make
that motion.
Mr. BACON. I hope the Senator will.
Mr. FORAKER. And I trust the colleagues of the Senator
from Georgia will act with him.
I now, if the Senate please, am simply trying to find out
what the possibilities of the situation are. I feel that it is my
duty, in view of the circumstances surrounding the Senator
from Massachusetts [Mr. Lodge], to show consideration to him,
and if we are to adjourn next week it will be impossible, in my
opinion, to get a vote on this measure. I was told that one of
my colleagues on the other side, who is a member of the com­
mittee, the Senator from Tennessee [Mr. Frazier], desired to
submit some remarks. All that requires time. W e have the
appropriation bills to deal with, and I am perfectly willing to
be considerate about this matter, as I try to be about every­
thing. Recognizing that we have a difficult situation to deal
with, one we have always heretofore respected wheu a brother
Senator sent word that he was called away unavoidably by a
command that he must obey and that he wants us to wait on
him uutil he can be heard, I think we ought to respect that,
but the Senator from Massachusetts, as all Senators know, is a
member of the Committee on Military Affairs. While I do not
agree with the view he entertains and which he will present
to the Senate, yet I recognize that he has as much right to be
heard as I have, and I feel I would be doing him an injustice
and be acting in violation of the spirit of our practice under
such circumstances if I were to insist upon taking up tills
measure and having a day fixed for a vote.
Therefore, Mr. President, I move, if I may state It again,
that this bill be made the special order for the third Wednesday
of December next. I can not make it later, and I can not make
it earlier. I have a calendar before me, according to which it
appears that the first Wednesday will be the second day of the
month. W e meet on the 7th of December. If we make it the
third Wednesday, that will be the 16th day of December.
Mr. BACON. I suppose the Senator from Ohio recognizes
the fact that the designation of a day in the next session very
happily removes this controversy beyond the date of the next
Presidential election.
Mr. FORAKER. Well, it was withheld when it originated
until the election was over, I believe.
Mr. ALDRICH. I should like to ask the Senator from
Georgia a question. Is that the reason the Senator and his
colleagues now proposes to vote against the motion of the Sena­
tor from Ohio [Mr. Foraker]?
Mr. BACON. I have not heard anything about how they are
going to vote; but I will say very frankly to the Senator that
the reason why I want the vote taken at this time, and not post-




6186

CONGRESSIONAL RECORD— SENATE.

poned until December, is that the Senators on the other side
might not have the opportunity of voting together upon this
question; whick is evidently th^purpose at this time. If the
measure awfieAip.now, Senator's on the other side of the aisle
would n w r a e ,
the reasom^Cey wish the

(

(

May 13,

Stone]. In his absence I will transfer that pair to the Senator
from Washington [Mr. Ankeny], who is absent on account of
illness, and vote. I vote “ yea.”
M j^C L A Y (when his name was called). I am paired with
tU^senior Senjihotjfrom MSssaehusetty-fMr. Lo g ]. I do not
d e
_____ t, and therefore I
is a very ingenious su r e st ion on the part of Senators that it
withhold my vote.
may be put 0££ e until December apd
Mr. DILLIN G HAM (when his name was called). I hare a
fixed, becauseJ± g iv e ^ i^ n B q r tu M fe ^ n d ^ th a t ajor
gf
^ e j^ T p « in ^ U * ^ e
S e e ^ ^ ^ u ^ g ^ k J J a r o l i n a [Mr.
it— for the
U^gefeef'wi this m
est
T il l s I n J ; w
W
jM
I iimkrsu u m ilm t an arrangement
of postponement. When it comes to the decision of the ques- has been made by which I can transfer that pair to the senior
tion itself they wilbjbe very badly divided.
Senator from Massachusetts Dir. L odge], which will release
Mr. A L D IU C U r I thinB^tne Sens
speak^ the S
from G ^ i a U M . C
lay] from his pair, and we
ing witho
l e d g ^ Ij'Jjjfll sa,
take a v
his question there w ilF be"a' solii
ON ( w t o ^ n a r i e w a ^ r a lm d tT ^ have a genvote for w
er proposition is before tbe Senate.
ith the junior Senator from Arkansas [Mr. D a vis ],
Mr. BA
hat may bp the case if the vote is taken in
absent from tkeOJ#?mber. I transfer that pair to my
Decern be:
e reason I JIave mentioned, tha^ft will be .after
e, the junior ^ n a t P L f M ^ Qre^on [Mj^ B ourne], who
the issues^ _
_
y £ x m ti not b ^
<
m
if the vote were taken now, and I ■ not sufficiently" iff favor'
Mr. NELSON (when Mr. Kittredge’s name was called). I
of harmony among t6e Republican to desijja that they should am authorized to say that if the Senator from South Dakota
have the opportunity to pro£#ce tha^harfmony. For that [Mr. Kj£Tjj£bGE] were here he would v o te '*y e a ” on this proporeason I ^ ^ j K ^ i ^ o r
easuro^pei]
order that wemia^see
y staled.
Mr. TALIAFERRO (when Mr. Milton’s name was called).
Mr. CULBERSON. I qzove to amend the motion of the Sena
My colleague [Mr. Milton] is unavoidably absent from the
tor from Ohio by strijsing out the date fixed and inserting Chamber. He is paired with the Senator from New York [Mr.
“ Saturday of this weei
Platt].
Mr. BACON. Now, you have got it.
Mr. OVERMAN (when his name was called). I have a gen­
The VICE-PRESIDENT. W ill the Senator from Ohio again eral pair with the junior Senator from Missouri [Mr. W arner].
state his motion?
I f he were present I should vote “ nay,” and he would vote
Mr. FORAKER. My motion is__£hat Senate bill 5I2Q be “ yea.”
made the special ord?V for Wednesday, thF lGth day of DecemThe roll call was concluded.
Mr. CLAY. I announced that I was paired with the senior
^ The VICE-PRESIDENT, The Senator from Ohio moves------- Senator fro m Massachusetts [Mr. L odge ], but by the arrange­
Mr. FORAKER. To be voted on at 4 o’clock on that day, ment suggested by the Senator from Vermont [Mr. D i l l i n g h a m ]
together with all amendments.
that pair has been transferred to the junior Senator from
The VICE-PRESIDENT. The Senator from Ohio moves that South Carolina [Mr. T i l l m a n ]. I am therefore at liberty
the bill named by him be made the special order for Wednes­ to vote. I vote “ nay.”
day, the 16th of December next, to be voted on at 4 o’clock
The result was announced— yeas 42, nays 27, as follows:*
I
of that day.
YEAS— 42.
Mr. FORAKER. I am told that there will perhaps be some
Cullom
Fulton
Kiron
parliamentary question as to fixing the hour, so I will simply Aldrich
Allison
Cnrtis
Gamble
Perkins
put it on that day.
Borah
Dick
Guggenheim
Piles
The VICE-PRESIDENT. The Senator from Ohio moves that Bran degee
Dillingham
Richardson
Hale
Dixon
Stephenson
Hemenway
the bill referred to by him be made the special order for Brown
Burkett
Dofliver
Stewart
Hevburn
Wednesday, December 16, next.
Burnham
du Pont
Sutherland
Hopkins
Elkins
Warren
Mr. CULBERSON. I move to amend the motion, Mr. Presi- Carter
Kean
Flint
Wetmore
Knox
dent, by striking out tfie~7Tatc name(Tana msertmF^ i t u r d a y Clapp
Clark, Wyo.
Foraker
Long
gi this wflcjfT’
Crane
Frye
Nelson
"T h e ^TCtl-PRESIDENT. The Senator from Texas moves to
NAYS— 27.
amend the motion of the Senator from Ohio by striking out
Ravner
Culberson
McCrearv
“ Wednesday, December 16,” and inserting “ Saturday, May 16, Bacon
Simmons
Foster
Bailer
McLaurin
instant.”
Smith. Mich.
Rankhead
Frazier
Martin
Taliaferro
Ballinger
Money
Mr. GORE. Mr. President, I merely wish to say that the Rrigga
Tavlor
Gary
Newlands
soldiers of the Twenty-fifth Infantry have been very fortunate Rulkeiey
Teller
Clarke, Ark.
Gore
Owen
in their champions and defenders in this Chamber. I assume Clay
Johnston
Faynier
that each and every Senator has made up his mind and is
NOT VOTING— 23.
ready to vote touching the fate of those soldiers. I f they Ankenv
Smith, Md.
Depew
MrEnery
Smoot
were wrongly discharged from the Army, and if they have a Beveridge
liansbrongh
Milton
Stone
Kitfredire
Overman
right to reinstatement, they ought to be restored now to the Bourne
Tillman
Burrows
I.a Foliette
Penrose
service, in order that the country may avail itself of the bene­ Daniel
Warner
Lodge
Platt
fit of their services and that those soldiers may enjoy their com­ Davis
McC umber
Scott
pensation. I f they are not to be restored to the service, then
So Mr. Culberson's amendment was laid on the table.
the sooner they know their fate the better. I am sure that
T h e V IC E -P R E S ID E N T . T h e question r ecu rs on the m
— ------—------ ——V
______ __________
they would welcome a decision of their destiny at this time.
The VICE-PRESIDENT. The question is on the amendmen
Mr. T W IX K K E ] UrTTLat I demand the yeas and nays.
of the Senator from Texas [Mr. C u l b e r s o n ] to the motion o:
The yeas and nays were ordered, and the Secretary proceed^*
the Senator from Ohio [Mr. F o b a k e b ] .
to call the roll.
Mr. CLAY (when his name was called). I announce my I “ ^
Mr. CULBERSON. On that I demand the yeas and nays.
Mr. ELKINS. I should like to inquire whether the motion, if with the senior Senator from Massachusetts [Mr. L o dge ], but
transfer it to the senior Senator from South C a rolin a l-u *
agreed to, will displace the unfinished business?
m
The VICE-PRESIDENT. It will not displace the unfinished T u x man] and vote. I vote “ yea.”
Mr. DILLINGHAM (when his name was called). I
business.
Mr. FORAKER. I move t# la j the amendment jofJtheSem announce my general pair with the senior Senator from K't
Carolina [Mr. T i l l m a n ] and the transfer o f It to the sen
ator_from Texas onJUe Table.
.
" M r . CULBERSON. “Upon that I demand the yeas and nays. Senator from Massachusetts [Mr, L o dge ] . I vote “ yea.”
Mr. TALIAFERRO (when Mr. Milton’s name was
The yeas and nays were ordered.
Mr. OVERMAN. I will inquire who made the motion to lay I again announce the absence of my colleague [Mr. Mn-Wand the fact that he is paired with the Senator from New
the amendment of the Senator from Texas on the table?
.rrti
The VICE-PRESIDENT. The motion was made by the Sen­ [Mr. Platt],
Mr. OVERMAN (when his name was called). I am pa» ator from Ohio [Mr. Foraker]. The Secretary will call the
roll.
with the junior Senator from Missouri [Mr. W a « w* » 1 ’
*
knowing that he would vote “ yea ” on this question, I wu
The Secretary proceeded to call the roll.
Mr. CLARK of Wyoming (when his name was called). I “ yea.”
The roll call was concluded.
have a general pair with the senior Senator from Missouri [Mr.

CONGRESSIONAL RECORD— SENATE.

1908.

Mr. PILES. I desire to state that my colleague
A nkeny ] is absent on account of illness.

[Mr.

Mr. NELSON. I desire to state that if the Senator from
South Dakota [Mr. K ittbedge], who is unavoidably absent, were
present, he would vote “ yea.”
The result was announced— yeas 62, nays 6, as follow s:
YEAS— 62.
Aldrich
Guggenheim
Paynter
Culberson
Allison
Perkins
Cullom
Hale
Piles
Bacon
Ilemenway
Curtis
Rayner
Bailey
Ileyburn
Dick
Richardson
Bankhead
Hopkins
Dillingham
Simmons
Borali
Johnston
Dixon
Stephenson
Brandegee
Dolliver
Kean
Stewart
Brown
du Pont
Knox
Sutherland
Burket
Elkins
Long
Taliaferro
McCreary
Flint
Burnham
Taylor
Carter
Martin
Foraker
Teller
Clapp
Foster
Money
Warren
Clark, Wyo.
Nelson
Frazier
Wetmore
Clarke, Ark.
Nixon
Frye
Clay
.Qwen_
Fulton
Overman
Crane
Gallinger
NAYS— 6.
Smith, Mich.
McLaurin
Briggs
Burrows
Gore
Bulkeley
NOT VOTING—24.
Scott
McCumber .
Gamble
Ankeny
Smith, Md.
McEnery
Gary
Beveridge
Smoot
Milton
Ilansbrough
Bourne
Stone
Newlands
Kit trudge
Daniel
Tillman
Penrose
Davis
La Follette
Warner
Platt
Depew
Lodge
The VICE-PRESIDENT. Two-thirds of the Senate having
voted in favor thereof, the motion of the Senator from Ohio to
make Senate bill 5729 the special order for Wednesday, Decem­
ber 16, 1908, is agreed to.
Mr. FORAKER. Mr. President, in view of the result of the
vote that has just been taken, I now announce that I shall not
make the motion which I gave notice yesterday I would make
to-day— that the Senate proceed to the consideration of this
business.
RAILROAD SIDING TO WASHINGTON NAVY-YARD.

Mr. CARTER. Mr. President-------Mr. ELKINS. I ask that the unfinished business be laid be­
fore the Senate.
Mr. CARTER. I am directed by the Committee on the Disffict of Columbia, to whom was referred the bill (H. It. 20120)
f° authorize the construction of a railroad siding to the United
States navy-yard, and for other purposes, to report it with an
amendment, and to submit a report (No. 650) thereon. I ask
Unanimous consent for the present consideration of the bill.
Mr. ELKIN S. Mr. President, I thought I had the floor.
The VICE-PRESIDENT. The Chair recognized the Senator
fpom Montana [Mr. Carter].
-Mr. CARTER. Mr. President, I have just presented, by direc­
tion of the Committee on the District of Columbia, a report on a
Mouse bill making provision for the construction of a connect*nS track to the Washington Navy-Yard. It is imperative that
Jhis measure, or something akin to it, should become a law at
this session of Congress. The Assistant Secretary of the Navy
Avisos me that under the present state of the law track con­
nections with the navy-yard must be cut off unless Congress
shall otherwise provide. The failure to pass some legislation
°h this subject will necessarily result in cutting off the fuel supBly and the material supply received by the railroads at the
JJvy-ynrd. I think it is an urgent matter, and it is only for
that reason that I ask unanimous consent for the present consideratlon of the bill.
The VICE-PRESIDENT. Is there objection?
Mr. ELKINS. W ill that displace the unfinished business?
The VICE-PRESIDENT. Temporarily the unfinished business will be laid aside. I f tliere Is no objection, it is so ordered.
1he Senator from Montana asks unanimous consent for the
Present consideration of the bill reported by him.
t fhere being no objection, the Senate, ns in Committee of the
hole, proceeded to consider the bill, which had been reported
from the Committee on the District of Columbia with an
ameudiuent, to strike out all after the enacting clause and in­
sert;

6187

Fifteenth street SE., Fourteenth street SE., Thirteenth street SE.,
Twelfth street SE., M and N streets SE., Thirteenth street SE.,
in a southwestwardly direction by curve or otherwise, as the Commis­
sioners of the D istrict of Columbia shall approve, crossing Twelfth
street SE., and square south of 1001. to the north abutment of the
Anacostia River bridge at the foot of Eleventh street S E .; thence pass­
ing under the north end of the said Anacostia River bridge, at such
point as may he determined by the Commissioners of the District of Co­
lumbia; thence across Eleventh street SE., square 979. Tenth street SE.,
square 955, and Ninth street SE., on a line generally parallel to the
north bulkhead line of the Anacostia River, as now approved, and be­
tween it and 100 feet distant therefrom, as may be determined by the
Commissioners of the D istrict of Columbia, to a connection with the
track system of the United States navy-yard.
S ec. 2. That the location of said track and the grade thereof and
the plans of construction outside of the United States navy-yard shall
be approved by the Commissioners of the District of Columbia, and the
said Commissioners are also authorized and empowered to make, from
time to time, all needful regulations for the movement of trains, cars,
and locomotives over the same.
The Philadelphia, Baltimore and Washington Railroad Company shall
also pave such crossings or other portions of public space occupied by
said track and 2 feet exterior to the rails thereof as the Commis­
sioners of the District of Columbia may require, and keep the same
in repair at all times.
.
, , __
Sec. 3. That it shall be the duty of the Commissioners of the D is­
trict of Columbia, and they are hereby authorized and empowered, upon
request of the railroad company, to grant the Philadelphia, Baltimore
and Washington Railroad Company permission to lay, maintain, and
use side tracks and sidings, from the branch track herein authorized,
south of said branch track between Twelfth and Fifteenth streets
east, and also into squares 955, 979, south of 1025, and east of 1025,
and south of 1001, and south of 1048: Provided, That such tracks or
sidings shall be laid and maintained under the direction of the said
Commissioners in such manner as to least interfere with the free and
unobstructed use of the public streets.
Sec. 4. That the entire cost and expense of obtaining the necessary
right of way, and the entire cost and expense of constructing the
branch track, herein authorized, to a connection with the track system
of the navy-yard, shall be paid and defrayed by the Philadelphia, Bal­
timore and’ Washington Railroad Company, but tne said Philadelphia,
Baltimore and Washington Railroad Company shall not acquire any
riparian rights by reason of the location of said track through public
space or through anv right of way necessary to be acquired: P r o v i d e d ,
That upon completion of the branch track herein authorized and di­
rected to be constructed within the time and in the manner herein required
the United States shall pay to the Philadelphia, Baltimore and Wash­
ington Railroad Company, its successors or assigns, the sum of $25,000,
or so much thereof as may
be
necessary, to
reimburse said company for
money paid by it for and
in
securing the
necessary rights of way in
confoVmiiv with this act; and for such purpose the sum of $25,000, or
so much thereof as may be necessary, is hereby appropriated out of any
moneys in the Treasury of the United States not otherwise appropri­
ated.
. .
Sec. 5. That where the line as approved by said Commissioners lies
within the bed of any public highway or through any public space, saul
company is hereby given the right to occupy such portion of said mg nway or’ public space as may be approved by said Commissioners, ana
where such approved line
crosses private
property, the said railroad
company is hereby authorized to acquire a sufficient right of way not
3 X " r J S can* not
rail­
road company, authority is hereby conferred upon said railroad c ^ p a n y
to condemn the land necessary for such ^ b t o f w a y . i n
and by the method and processes provided by sections. 048 to bb.L^oth
inclusive, of the Revised Statutes relating to the District of Columbia
which said sections, despite any repeal thereof, are nerepy reenaciea
in full force and effect, for the purposes contemplated by this act, and
ire1 esnecfallv enacted to like effect as if the same were incorporated
h e r e fn ^ tle n g th : P rovided , That in every case where an assessment
for damagea or an award shall have been returned by the appraisers,
H i ‘. V ^nv unon paving into court the amount so assessed or awarded,
i
L a V e Z r upon and tak! possession of the land covered thereby, irre­
spective of whether exceptions to such assessment or award shall be
filed or not and anv subsequent proceedings shall not interfere witn
or affect such possession, but shall only affect the amount of compensati0SEC°<!*T h a t'the construction of the track or siding herein provided
for shall be begun within six months from the date of the passage of
this act, and shall be completed within two years from said date, and
pending such construction the said Philadelphia, Baltimore and Wash­
ington Railroad Company is hereby authorized to maintain its present
connection with the United States navy-yard by means of a
single track on K street and Cenal street SE.. either as at present
located or as the same may hereafter be relocated^in whole or in part,
with the 'lnDroval of the Commissioners of the District of Columbia,

S

S

S

S

S

BaSE^0“ nT h a ta n 8acts or parts of acts inconsistent with the provisions
TbJtt C o n S s s arlservI^V
thee nght to alter, amend, or repeal
this act.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
‘ The amendment was ordered to be engrossed and the bill to
be read a third time.
The bill was read the third time and passed.
MESSAGE FROM TIIE HOUSE.

,u>e 8 B. and 1,000 feet westerly therefrom : thence extending l y
in a southwestwardly direction across
smiarc south
teentb street, e a s t : thence southwestwardly aciw * ^ u a re w m n
J- on a line generally parallel to the center line of \\ a ter streetcar
!l distance lietween the center line of Water « reel
P
^
r°ved north bulkhead line of the Anacostla B J™ M croMliw
"■oved by the Commissioners of the District of Columbia, crowing




K message from the House of Representatives, by Mr. W . J.
B rowning , its Chief Clerk, announced that the House had dis­
agreed to the amendments of the Senate to the bill (H. R.
19158) making appropriations for the Department of Agricul­
ture for the fiscal year ending June 30, 1909, asks a conference
with the Senate on the disagreeing votes of the two Houses




6188

CONGRESSIONAL RECORD— SENATE.

May 13,

charges,
fifteen days
thereon, and had appointed Mr. Scott, Mr. Haugen, and Mr. after but and exactions other than duties, shall, within of duties, as
not before sucb ascertainment and liquidation
L a m b managers at the conference on the part of the House..
well in cases of merchandise entered in bond as for consumption, or

The message also announced that the House insists upon its
amendments to the bill (S. 6155) to provide for an enlarged
homestead, agrees to the conference asked for by the Senate
on the disagreeing votes of the two Houses thereon, and had ap­
pointed Mr. M ondell, Mr. V olstead, and Mr. Gaines of Tennes­
see managers at the conference on the part of the House.
The message further announced that the House had disagreed
to the amendments of the Senate to the bill (H . R. 18347)
making appropriations for the service of the Post-Office Depart­
ment for the fiscal year ending June 30, 1909, and for other
purposes, asks a conference with the Senate on the disagreeing
votes of the two Houses thereon, and had appointed Mr. O
vebstbeet, Mr. Gabdneb of New Jersey, and Mr. Moon of Tennes­
see managers at the conference on the part of the House.
AGP.ICT7LTUBAL APPEOPEIATION BILL.
The VICE-PRESIDENT laid before the Senate the action of
the House of Representatives, disagreeing to the amendments of
the Senate to the bill (H . R. 19158) making appropriations for
the Department of Agriculture for the fiscal year ending June
30, 1909, and requesting a conference with the Senate on the
disagreeing votes of the two Houses thereon.
Mr. W ARREN . I move that the Senate insist upon its
amendments and agree to the conference asked for by the
House, and that the conferees on the part of the Senate be ap­
pointed by the Chair.
The motion was agreed to, and the Vice-President ap­
pointed as the conferees on the part of the Senate Mr.
W arren, Mr. D olliveb, and Mr. M oney.
pension appropriation bill.
Mr. SCOTT. It becomes necessary for the senior Senator
from Florida [Mr. T aliaferro] and me to leave the City to­
morrow, and as we are in a deadlock in the conference on the
pension appropriation bill, I ask that the Senator from Florida
and I be excused from further service, and that the Chair ap­
point two new conferees in our places.
The VICE-PRESIDENT. The Senator from W est Virginia
asks that the Senator from Florida [Mr. T aliaferro] and him­
self be excused from further service as conferees on the pension
appropriation bill, and that the Chair appoint new conferees.
Without objection, it is so ordered. Tbe Cbair appoints as
conferees in place of the Senators named the Senator from
Utah [Mr. S moot] and the Senator from Colorado [Mr. T eller],
post-office appropriation bell.

The VICE-PRESIDENT laid before the Senate the action of
the House of Representatives disagreeing to the amendments of
the Senate to the bill (H. R. 18347) making appropriations for
the service of the Post-Office Department for the fiscal year
ending June 30, 1909, and for other purposes, and requesting a
conference with the Senate on the disagreeing votes of the two
Houses thereon.
Mr. PENROSE. I move that tbe Senate insist upon its
amendments and agree to the request for a conference, and that
the conferees on the part of the Senate be appointed by the
Chair.
The motion was agreed to, and the Vice-President appointed
as the conferees on the part of the Senate Mr. Penrose, Mr.
B urrows, and Mr. Clay .
collection of revenue.
Mr. ALDRICH. I ask unanimous consent for the present
consideration of an important customs bill reported by the Com­
mittee on Finance, which ought to be passed in order that it
may go into conference. It comes with a unanimous report
from the committee. It is House bill No, 17506.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill (H . R. 17506) to amend
an act entitled “An act to simplify the laws in relation to the
collection of the revenues,” approved June 10, 1S90, as amended
by the act entitled “An act to provide revenues for the Govern­
ment and to encourage the industries of the United States,”
approved July 24,1897, which had been reported from the Com­
mittee on Finance with an amendment to strike out all after the
enacting clause and insert:
That section 14 of the act entitled “An act to simplify the laws in
relation to the collection of revenues,” approved June 10, 1800. as
amended by the act entitled “An act to provide revenues for the Gov­
ernment and to encourage the industries of the United States.” ap­
proved July 24, 1897, be, and the same is hereby, amended so as to read
as follows :
“ S ec. 14. That the decision of the collector as to the rate and
amount of duties chargeable upon imported merchandise, including all
dutiable costs and charges, and as to all fees and exactions of what­
ever character (except duties on tonnage), shall be final and conclusive against all persons Interested therein, unless the owner, importer,
consignee, or agent of such merchandise, or the person paying such fees,

w ithin fifteen days after tbe payment of such fees, charges, and ex­
actions, if dissatisfied with such decision, give notice in writing to the
collector, setting forth therein distinctly and specifically, and in respect
to each entry or payment, the reasons for bis objections thereto, and
If the merchandise" is entered for consumption shall pay the full
amount of the duties and charges ascertained to he due thereon. Upon
such notice and payment the collector shall transmit the invoice and
all the papers and exhibits connected therewith to the board of three
general appraisers, which shall be on duty at the port of New York,
or to a board of three general appraisers who may be designated by
the Secretary of the Treasury for such duty at that port or at any
other port, which board shall examine and decide the case thus sub­
mitted, and their decision, or that of a majority of them, shall be
final and conclusive upon all persons interested therein, and the record
shall be transmitted to the proper collector or person acting as such,
who shall liquidate the entry accordingly, except in cases where an
application shall be filed in the circuit court within the time and
in the manner provided for in section 15 of this act: P rovided , how­
ever, That tbe board of three general appraisers, or a majority of them,
who decided the case may, upon motion of either party, within thirty
days next after their decision, and not afterwards, grant a rehearing
of said case when, in their opinion, the ends of justice may require it,
“ The general board of nine general appraisers shall have power to
establish from time to time such reasonable rules of practice, not incon­
sistent with the law, as may be deemed necessary for the conduct of
their proceedings and of the proceedings of the said board of three general
appraisers, and to assign or reassign any case to any of such boards
of three at any time before promulgation of decision, in order to secure
uniformity of decision.”
S ec . 2. That section 15 of said act be, and the same Is hereby,
amended so as to read as follow s:
“ S ec. 15. That if the owner, importer, consignee, or agent of any
imported merchandise, or the collector, or the Secretary of the Treasury,
shall be dissatisfied with the decision of the board of general appraisers,
as provided for in section 14 of this act, as to the construction of the
law and the facts respecting the classification of such merchandise and
the rate of duty imposed thereon under such classification, they, or
either of them, may, within thirty days next after such decision, if a
rehearing has not been previously granted, or within thirty days next
after the decision of the board of general appraisers after such rehear­
ing, and not afterwards, apply to the circuit court of the United States
within the district in which the matter arises for a review of the
questions of law and fact involved in such decision. Such application
shall be made by filing in the office of the clerk of said circuit court a
concise statement of the errors of law and fact complained of, and a
copy of such statement shall be served on the collector, or on the im­
porter, owner, consignee, or agent, as the case may be. Thereupon the
court shall order the board o f general appraisers to return to said cir­
cuit court the record and the evidence taken by them, together with the
certified statement of the facts involved in the case, and their decision
thereon; and all competent evidence taken by and before said board of
general appraisers shall be evidence before said circuit court. The
parties litigant shall hereafter be required to introduce all of their evi­
dence before the said board of general appraisers prior to its decision
of the case. The return made by the board of general appraisers in
pursuance of the order of the circuit court shall constitute the record
upon which said circuit court shall give priority to and proceed to hear
and determine the questions of law and fact involved in such decision
respecting the classification of such merchandise and the rate of auty
imposed thereon under such classification: P rovided , That the saiu cir­
cuit court is further vested with the powder to remand any case Ponoms
before it on appeal from a decision of the board of general aPPrav eiM
when, in its opinion, such proceeding is just and proper, but this snai
not be ordered except upon motion duly made and after notice to t
opposite party. When such order is made the case shall then oe
manded to the board of general appraisers whose decision has been -ie
pealed from, and the said board shall hear such further testimony
shall be introdncod by either party, ami shall return to the circuit c
the additional evidence so taken, together with a further certifled s
ment of facts as supplemented or modified by such additionali
.
mony, and their decisions upon the whole case as thus supplement
or modified, which said additional return shall be added to a
^
part of the record upon which the case shall be heard and det®rflIJ o f
r
t
by the circuit court. When a case has been remanded to the ooaru
general appraisers as above provided, the United States attorney tor
district in which the appeal is pending may appear in the proceeu
had before the board under the order remanding the case.
“ The decision of such circuit court shall be final, and the pro.collector, or person acting as such, shall liquidate the entry ace
Ingly, unless such court shall be of the opinion that the fiae3vi!,uion
volved is of such importance as to require a review of such aeci
by the circuit court of appeals of the United States within the cir
which case said circuit court or
in which the matter arises,
judge making
appeal to said
on the part of m e u m iw OIIWJ wucunxr iuc
U
C
J
«
apply for it within thirty days after tbe rendition of such dect-m
On such original application and on any such appeal security for
ages and costs shall be given as In the case of other appeals ™ “„j3
in which the United States Is a party. Said circuit court o f *PP. aJ,
shall have jurisdiction and power to review such decision, anu • ^
give priority to such cases, and may affirm, modify, or reverse s
cision of such circuit court and remand the: case with such ora
^
may seem to it proper in the premises, which shall be execute
“ ThVdecislon of such circuit court of appeals may be J ^ n ^ u fid ed
the Supreme Court of the United States in any of the way* pro
^
in cases arising under the revenue laws by tbe act aPPro^H ','l 0q to
1891, entitled *An act to establish circuit courts o f a p p e a lsa n a of
define and regulate in certain cases the Jurisdiction of the cou
the United States, and for other purposes.
({».
“All final judgments, when in favor of the Importer, *n»n ^
t
fied and paid by the Secretary of the Treasury tr o w the P*™
indefinite appropriation provided for In section 24 of ttus acilte(j
“ For the Durposes of this section the clrcuItTOurts od t o e
^
States shall be deemed always open, and “ i d l?irCU‘« iM « m i re,
r
tively, may establish, and from time to time alter, rules
tbej
tions not inconsistent herewith for the procedure In sucb cases a
shall deem proper.

1908.

CONGRESSIONAL RECORD— SENATE.

“ Where cases arise at ports within any jurisdiction having no cir­
The bill was reported to the Senate without amendment,
cuit court, applications for review of the _decisions of the board of ordered to be engrossed for a third reading, read the third
general appraisers provided for in section 15 of this act shall be filed
with the clerks of the courts having cognizance of the same classes of time, and passed.
cases as circuit courts, and such cases shall be heard and determined
REMOVAL OF RESTRICTIONS FROM INDIAN ALLOTMENTS
by such courts, with the same powers and in like manner as herein
provided for the hearing and determination of such cases in circuit f Mr. OW EN. I ask the Senator from West Virginia, in charge
’gel
courts, and such decisions shall be subject to review in the manner of the unfinished business, to yield to me that the Senate may
provided by law.”
'y
Sec. 3. That said act be, and the 6ame Is hereby, further amended by conclude the consideration of Calendar No. 58S.
adding thereto, after said section 30 thereof, a new section, to read as
Mr. ELKINS. I have agreed to do so temporarily, provided
fo llo w s:
that the Senator who has it in hand will see that it does not
“ Sec. 31. That all of the general appraisers of merchandise hereto­
fore or hereafter appointed under the authority of said act shall hold take much time.
their office during good behavior, but may, after due hearing, be re­
The VICE-PRESIDENT. Without objection, the unfinished,
moved by the President for the following causes, and no o th e r: Neglect business will be temporarily laid aside.
of duty, malfeasance in office, or inefficiency.
“ That hereafter the salary of each of the general appraisers of mer ' Mr. OW EN. I ask unanimous consent for the present considchandise shall be at the rate of ?10,000 per annum.
f eration of the bill (H . R. 15641) for the removal of restrictions i
“ That the *
,ai(i b°ards of general appraisers and the members thereof! f rom pa r t 0f th e lands of allottees of the Five Civilized Tribes, |
___ ___________ _
’ |
all
powers of a circuit court of the U n it e
ehall have and possess all the p o w e r s----- --------------------— — -----------d ; __ A
States in preserving order, compelling the attendance of witnesses, and’ and for other purposes.
the production of evidence, and in punishing for contempt.”
There being no objection, the Senate, as in Committee of the
S ec. 4. That all laws and parts of law s inconsistent with this act Whole, resumed the consideration of the bill.
/
are hereby repealed.
Mr, OWEN. I propose the amendment I send to the desk.
S ec. 5. That this act shall take effect and be in force from and after
The VICE-PRESIDENT. The Senator from Oklahoma pro­
its passage.
Mr. BACON. I presume the bill is all right, but I do not poses an amendment, which will be stated.
The S e c r e t a r y . It is proposed to insert at the end of the bill
know much about it. I notice a clause which seems to make an
as a new section the following:
appraiser a life officer. It that correct?
S ec. 15. That for six months after the approval of this act the Sec­
Mr. ALD RIC H . It makes him hold office during good be­
retary of the Interior be, and he is hereby, authorized and directed to
havior, but he is removable for certain causes, which are enroll as members of either the Choctaw, Chickasaw, Cherokee, Creek,
or Seminole tribes such persons as the records in his office may show
stated.
were wrongfully omitted from the rolls of either of said tribes by reason
Mr. BACON. Has that been the case heretofore?
of error or law or of Inadvertence or because of want of time to prop­
Mr. ALD RICH . That has not been the case heretofore. erly consider their applications for enrollment, and he may consider
These officers have been removable at the pleasure of the Presi­ any evidence heretofore filed for or against such applicants, and the
said Secretary is further authorized, in any case where he is satisfied
dent for political or other reasons.
from the evidence and records in his office that a member was wrong­
Mr. BACON. Yes.
fully enrolled as a freedman and should have been enrolled as an In­
dian, to transfer said member from the approved freedman roll to the
Mr. ALD RICH . The bill provides that they shall hold their
offices during good behavior, and can only be removed for cer­ roll of citizens by blood of such trib e: P rovid ed , That in suits brought
to restore the names of persons struck from the final rolls of the Five
tain specified causes.
Civilized Tribes, the Secretary of the Interior, as defendant, may offer
Mr. BACON. The point that I desired information on was as a defense the record to show that such name had been erroneously
Whether the law as it now stands retains them in office during placed upon such roll, and the name of no person shall he restored to
such roll who was not originally entitled under the law to have been
good behavior.
enrolled, and the burden of proof in such cases shall be upon the Secre­
Mr. ALD IilC II. N o; the law as it now stands allows their tary of the Interior.
P rovid ed fu rth er, That the children of Choctaw freedmen entitled
femoral at the pleasure of the President.
under the act of April 26. 1906, to make application under that law,
Mr. BACON. Well, possibly I did not put my inquiry in the and who failed to apply for lack of proper notice, shall have ninety
fight shape. There is no fixed term, in other words, as I un­ days from and after the passage of this act within which to make such
application, and such application shall have the same effect as if it had
derstand now?
been made w ithin the time originally proposed by such law.
Mr. ALDRICH. There is no fixed term.
The amendment was agreed to.
Mr. BACON. And the only change then the bill makes is to
■"-Mr. OWEN. I move to strike out lines 17 to 25 on page 10. “ “
throw greater restrictions around their removal.
The VICE-PRESIDENT. The Senator from Oklahoma pro­
Mr. ALD RICH . Around their removal.
The VICE-PRESIDENT. The question is on agreeing to the poses an amendment, which will be stated.
The Secretary. On page 10 it is proposed to strike out lines
amendment reported by the committee.
17 to 25, Inclusive, as follows:
The amendment was agreed to.
S ec. 12. That the Secretary of the Interior may permit any lessee
The bill was reported to the Senate as amended, and the having a coal and asphalt lease covering segregated coal or asphalt
amendment was concurred in.
lands in the Choctaw ami Chickasaw
4 he amendment was ordered to be engrossed and the bill to hq3 been aonroved toy the Secretary of the Interior, to feu lender any
tra cto r0 part thereof and to substitute therefor subject to the terms of
he read a third time.
the lease and approval by the Secretary of the Interior, adjoining land
within said segregation substantially equal in area to the land surren­
Ih e bill was read the third time and passed.
dered.
MOTTO ON GOLD AND SILVER COINS.
The VICE-PRESIDENT. That amendment has heretofore
r v ^ r- 1A LD R IC H . There is another bill reported from the been agreed to. Without objection, the amendment will be re­
*
on Finance, in which, I think, Senators are all in- garded as open. The question is on agreeing to the amendment.
_ ested, providing for the restoration of the motto of “ In God
The amendment was rejected.
N
trust ” to certain gold and silver coins. I ask unanimous
Mr. OW EN. On page 2, I move to strike out beginning with V
J-onsent for the present consideration of the bill (H .R . 17296) the words “All restricted,” in line 23, to the end of the para- /
rb t « * *01’
restoration of the motto “ In God we trust ” on graph.
/
The S ecretary. In the committee amendment at the root or
8tate& tlenominations °* the gold and silver coins of the United
page 2 it is proposed to strike out, in line 23, all after the word
t he Secretary road the bill, and there being no objection, the “ lands ” to the end of the paragraph, in the following words:
enate, as In Committee of the Whole, proceeded to Its conAll restricted allotted land of allottees of the Five Civilized Tribes
Rieration. It provides that the motto “ In God we trust,” shall be subject to taxation where such land has been leased, but taxes
thus levied shall not become a lien against the land, but shall be paid
erotofore inscribed on certain denominations of the gold and by the lessee and shall be a lien against any crops or values produced
J ver coins of the United States of America, shall hereafter be from the land.
, . ‘'iked upon all such gold and silver coins ns heretofore.
The VICE-PRESIDENT. The amendment Is addressed to
Hie bill was reported to the Senate without amendment, an amendment already agreed to.
Without objection, the
ordered to a third reading, read the third time, and passed.
amendment will be regarded as open.
The a m en d m en t to the amendment was agreed to.
G O G Q. ALLEN.
ERE
The amendment as amended was agreed to.
Mr- CUI.LOM. I ask unanimous consent now for the present
/ “Mr. OWEN. After line 23, on page 8, I move to insert w hat")
consideration of tlle bill (g t 4435) for the relief of George Q.
A send to the desk.
J
Allen.
l The S ecretary . On page 8, after line 23, it is proposed to
There beIllSj no objection, the Senate, as in Committee of the
lhsert:
"h o le , proceeded to consider the bill. It proposes to pay to
The Secretary of the Interior shall be further authorized, at the re­
Jjeorge Q. Allen, of Chicago, 111., $528, in full compensation for quest of any allottee with restricted land, to bring suit on his behalf to
” !s services as crier of the United States circuit court of ap- remove cloud to the title thereto, without cost or charges to the said
S2J1 for the seventh circuit, at Chicago, 111., from October 5, allottees, and all necessary expenses incurred under this section shall be
*
until May 31, 1898, as per findings of fact made by the defrayed from the money herein appropriated as hereinafter provided.
The amendment was agreed to.
^ u r t of Claims.




K




6190

CONGRESSIONAL RECORD— SENATE.

Mat 13,

Mr. OWEN. I offer the amendment I send to the desk.
disclosed by the official record, beggars description. It is the
The Secretary. It is proposed to add as a new section at the result and product of fraud, mistake, and incompetencv on the
end of the bill the following:
part of administrative officers charged, by law, with the duty of
Sec. 16. That the provisions of section IB of the act of Congress ap­
proved April 26, 1906 (34 Stat. L., 137), shall not apply to town lots in
town sites heretofore established, surveyed, platted, and appraised under
the direction of the Secretary of the Interior. But nothing herein con­
tained shall he construed to authorize the conveyance of any interest in
the coal or asphalt underlying said lots.

dividing this estate among the legal and equitable beneficiaries.
“ I want to place before the Senate some of the salient and
indisputable facts with reference to the title by whieb this prop­
erty is held and the administration of this estate by the depart­
mental officers.
The amendment was agreed to.
“ By article 2 of a treaty negotiated September 27, 1S30, and
The bill was reported to the Senate as amended, and the ratified by the Senate of the Enited States and proclaimed as a
amendments were concurred in.
law on February 24, 1831 (7 Stats., 333), the United States
The amendments were ordered to be engrossed and the bill to agreed to specially convey certain lands west of the Mississippi
be read a third time.
Iiiver— and which are now being allotted— in fee-simple title to
The bill was read the third time and passed.
the Choctaw Nation in trust for the exclusive use and benefit
Mr. CLARKE of Arkansas subsequently said: I wish to make of a designated class of persons composed of all those persons
an announcement in connection with the bill for the removal comprising the Choctaw community on the day the treaty was
of restrictions. The Senate was engaged in the consideration ratified and their descendants.
of the committee amendments, and I presumed when amend­
“ 0 ° March 24, 1837, the Senate of the United States ratified
ments of that character had been disposed of there would be an a treaty entered into by the Choctaws and Chickasaws, by
opportunity for the consideration of individual amendments. the terms and provisions of Article I of which treaty those
My attention was distracted when those amendments were dis­ persons comprising the Chickasaw community on the day the
posed of, and I did not have an opportunity to call the attention treaty was ratified and their descendants acquired by purchase
of the Chair to the fact that my colleague had pending an an equal, undivided, individual interest in the property agreed
to be conveyed to the Choctaws by Article II of the treaty
amendment.
The VICE-PRESIDENT. The Chair put the question to the of 1830 on the same terms that the Choctaws held it, so that
Senate, stating that the bill was in the Senate as in Committee by this treaty the Chickasaws became a part of the designated
class of Choctaws for whose exclusive use and benefit the
of the Whole and open to amendment.
Mr. CLARKE of Arkansas. My attention was not diverted grant was to be made.
“ On February 24, 1843, the President of the United States
for more than a moment. I am not charging the Chair with
specially conveyed by patent the western lands in fee-simple
any unfairness. It is due to my own dereliction.
Mr. ELKINS. How long will the Senator from Arkansas title to the Choctaw Nation, to be held by said nation in trust
for the exclusive use and benefit of said designated class of
require?
Mr. CLARKE of Arkansas. There are a great many ways persons. Thus this was and is now trust property, owned ex­
in which I can get my statement before the Senate. The clusively by the Choctaws and Chickasaws, the legal title to
shortest way would be to permit me to make the statement now. which is held by the Choctaw Nation in trust.
“ In 1896 Congress, in response to an almost universal de­
Mr. ELKINS. W ill it take long?
Mr. CLARKE of Arkansas. It will not require over ten mand for the abolishment of these Indian governments, passed
an act, approved June 10, 1896, directing a Commission, known
minutes; perhaps not so long.
It may be that the request which I am about to make Is not as the “ Commission to the Five Civilized Tribes,” to receive,
consider, and determine applications of persons claiming citi­
permissible under the rules.
Mr. ELKINS. If it will take only a few minutes, I am willing zenship in the Choctaw and Chickasaw nations preparatory to
the preparation of final citizenship rolls, to be used as a basis
to yield.
Mr. CLARKE of Arkansas. My colleague [Mr. Davis] is a for the distribution in severalty of the tribal property. This
member of the Committee on Indian Affairs. He differs with act further provided that either the Indian nations— who were
the committee as to the disposition of the matters covered by represented by their officials and attorneys— or the applicants
the bill just considered. He offered an amendment, but in con­ could appeal from the decision of the Commission to the United
sequence of the necessity for his absence from the city at this States district courts. Only a comparative few of the Choc­
time he has not an opportunity to present the matter. Having taws and Chickasaws applied to said Commission under said
been offered and printed, I took it for granted it would be act, and of the number who applied appeals were taken to the
brought to the attention of the Senate. In connection with the United States district courts in cases involving the rights of
consideration of that amendment, he has prepared some re­ about 5,000 persons.
“ The United States district courts heard the cases and ren­
marks which he has reduced to writing, and he asked me to
read the same to the Senate when the consideration of the dered judgments admitting to citizenship approximately 4,000
amendment was reached in the regular course of the passage of persons. Appeals were taken in these cases from the judg­
the bill. That is the request which I now desire to make. But ments of the United States district courts to the Supreme Court
I do not know whether under the rules remarks prepared by an of the United States, which court affirmed said judgments.
(Stephens v. Cherokee Nation, 174 U. S., p. 476.) Thereafter
absent Senator can be submitted to the Senate.
The VICE-PRESIDENT. That is a matter for the determina­ by act approved July 1, 1902, a legislative commission, desigj
tion of the Senate.
uated therein as the * Choctaw-Chickasaw citizenship court,
Mr. CLARKE of Arkansas. Then I ask the judgment of the was created with authority to review, revise, and annul all ol
Senate upon the proposition.
said judgments entered by the United States district courts and
The VICE-PRESIDENT. The Senator from Arkansas may affirmed by the Supreme Court of the United States. The at­
read the remarks as a part of his own.
torneys who procured this legislation held inchoate contracts
Mr. CLARKE of Arkansas. I am not sufficiently advised with the officials of the Indian governments by which, in the
about the merits of the proposition involved in the bill to have event they could secure a reversal of said judgments rendered
any views about it. When I find my mind in that condition I by the Federal courts, they were to receive 9 per cent of the
usually accept the judgment of the committee. But as my col­ value of the property each such person was entitled to receive
league is not of the same mind, I will now present to the Sen­ under said judgment. This citizenship court rendered judg­
ate his views on some features of the bill, or rather some omis­ ments and decrees affirming the judgments of the Federal
courts in cases involving the rights of 156 persons and reversed
sions in the bill, which he sought to cover by an amendment.
What I read represents the views exclusively of my colleague. and rendered null and void the judgments of the Federal courts
I might or might not agree with him if I had investigated the in cases involving the rights of approximately 3,800 claimants.
matter sufficiently to have any views upon the subject. I dis­ This citizenship court, under Congressional act approved March
claim any responsibility for the statement.
3,1903, was authorized to fix the compensation of the attorneys
“ Mr. President, I am actuated in offering this amendment by who secured the legislation under which the court was created,
principles of justice and humanity. Never before, since the for their entire services rendered in these cases, both in procur­
establishment of this Republic, has it ever been seriously proposed ing the legislation and conducting said cases before said citizen­
by the National Congress to legislate American citizens out of ship court. This court, under that act, entered a decree award­
their own homes, to confiscate their property and to bestow it ing a fee of $750,000 to said attorneys, but did not state upon
upon other persons, and to render the legal owners thereof and what basis the allowance was made.
their wives and children destitute, mendicants, and paupers.
“ The charge has repeatedly been made, and, sir, it is gen*
Vet, sir, this bill, if unamended, will accomplish this frightful and erally believed to be true, that certain members of that court
inhuman purpose.
were improperly influenced to render judgments denying these
The situation existing in the Choctaw and Chickasaw na­ people their property and homes. Certain it is, sir, that a d tions, as the result of the work of administrative officers, as rect and specific charge that certain members of that court

1908.

CONGRESSIONAL RECORD-SENATE.

roads were holding up the interior points and charging them
the through rates plus the local rates back from the terminal
points to their cities. I am asked now, for the accommodation
o f this legislation, tajs*tffidraw the proposed amendment which
I have introduced in drder
regcfotion
may be hurried t
h
g
^
H
^
j
J
'
o
f
Congress. I can not see any justificatioi/for it.
I am inclined to let the Senators vote on it if I can get a
vote ^ n th ^ /ft
v°tc tQrfiSV. I

sideratJPn can not be offered until I do get a vote of the Senate,
and ley the people of the country know why they are being dis­
criminated against. So, if you do postpone it to-day, you do it
onlyffor to-day.
The people are going to know why the people in Utah and
Idaho and Washington and Oregon and Pennsylvania and New
York and Massachusetts and North Carolina and Virginia, who
have to live a little ways back from the seacoast, have to pay
through rates to the seacoast plus the local rates back to their
homes because, forsooth, they raise the ghost of water competi­
tion. There is no water competition between Chicago and Salt
Lake City or between Chicago and Boise or Spokane or between
St. Louis and those inland points, and there can be none. But
suppose there is. It was these discriminatory terminal rates that
drove our merchant marine from the sea. Why, merely because
they do not choose to live upon the seaboard of the countr
should not the people who live in interior points be entitled i
the geographical benefits which nature gives them because of
their proximity to the field of production or the markets of the
country? Can any Senator tell me?
Mr. FULTON. Mr. President------.
The VICE-PEESIDENT. Does the Senator from Idaho yie^d
to the Senator from Oregon?
Mr. H EYBURN. Certainly.
Mr. FULTON. I desire to inquire of the Senator if, unde
existing law, the Interstate Commerce Commission is not vested
with power to require, if they think it is just and reasonable,
exactly what the Senator1 proposes to compel them by rigid
law to do?
Mr. H EYBURN. The Interstate Commerce Commission Is
Riven many powers that it should not have. It is given many
Powers that it does not exercise. It Is given some others that
exercises unwisely. I am speaking in this body for the rights
° f the people. I am not speaking for their privileges. I am
Speaking for their rights under the law— equal rights.
Mr. FULTON. The Senator of course knows that if this pro­
posed amendment were enacted it would apply to every case of
tne long and short haul.
Mr. HEYBURN. I hope so.
Mr. FULTON. The Senator surely is not ready to say that
that should apply In all cases. There are many cases in which,
cn investigation, such a rule would be found to be unjust.
Therefore why is It not wiser to leave that power vested in the
Commission, to pass on it on the testimony and after an investi­
gation in each particular case? Hot each case stand upon its
testimony and the facts.
Air. HEYBURN. For the same reason that it is not wise
to go back to the times and conditions of government when an
®bsoIute monarch could decide every question without reference
to anybody else’s judgment or consideration.
. Mr. FULTON. Is not that exactly what the Senator proposes
to do?

trade and commercial bodies from one end of the country to
the other, and before November comes around the people will
know, and they will know what Congress thinks of it, too.
T1\&» will know why these discriminations arerp«ognized.
know it thij^year^ttiey w ilJ w i^ ^ n e x t.J ie of imposition, this kind of unfair disqfiniination. My voice is
as potent and the vote will be as'^bpxenUTp these empty seats
as though they were every one fq fl^eca d seth e day has gone by
1 shy*itheir ey($ H ^U & .l& l& W eg isla tion .
hratit tnrrariroacrnrompafi^tiie right to avoid the effect of this
penal statute, or which was intended to be a penal statute—
grant them what they ask and ask nothing of them? I hardly
think so. And I think when the Senate gives it more careful
consideration the Senate will be of the same opinion, and that
we will not vote to suspend the penalty, if there be one, of this
clause without first voting as to whether or not the people’s
right shall be recognized and this discrimination done away
with.
Mr. President, I insist on the amendment which I have of­
fered being reported and acted upon.
The VICE-PRESIDENT. The Secretary will state the
amendment proposed by the Senator from Idaho.
The Secretary. It is proposed to insert after the resolving
clause the following:
That section 4 of the act entitled “An act to regulate commerce,”
approved June 29, 1906, be amended by striking out the words “ under
substantially similar circumstances and conditions,” where the same
appear in said section 4, and further amend said section 4 of said act
by striking out all of said section 4 beginning with the words “Pro­
vided , h o w e v e r ; ” said section 4 when so amended to read as fo llo w s:
« S ec. 4. That it shall be unlawful for any common carrier subject to
the provisions of this act to charge or receive any greater compensation
in the aggregate for the transportation of passengers or of like kinds of
property for a shorter than for a longer distance over the same line in i
the same direction, the shorter being included in whole or in part w ithin
the longer d istan ce; but this shall not be construed as authorizing any
common carrier within the terms of this act to charge and receive as
great compensation for a shorter as for a longer distance.”
The VICE-PRESIDENT. The question is on agreeing to the
amendment proposed by the Senator from Idaho. fa ****
Mr. ELKINS. I move to lay the amendment-on the table.
The VICE-PRESIDENT. The question is on agreeing to the
motion of the Senator from West Virginia to lay on the table
the amendment offered by the Senator from Idaho.
Mr. HEYBURN. On that I call for the yeas and nays.
The yeas and nays were ordered.
Mr. BACON. Inasmuch as the yeas and nays have been
ordered, I will have to ask that the amendment be again stated,
in order that I may vote intelligently.
.
The VICE-PRESIDENT. The Secretary will again state the
amendment, at the request of the Senator from Georgia.
The Secretary again read the amendment.
Mr. BACON. I understand the act referred to there is what
is known as the “ rate law.”
The VICE-PRESIDENT. The Secretary will call the roll.
The Secretary proceeded to call the roll.
. _
Mr. CLAY (when his name was called). I am paired with
the senior Senator from Massachusetts [Mr. L odge], who is
absent. Therefore I withhold my vote.
Mr. FRAZIER (when his name was called). I have a gen­
eral pair with the junior Senator from South Dakota [Mr.
K ittbedge], and as he is not present I will withhold my ^ote,
Mr. FULTON (when his name was called). I have a general
pair with the junior Senator from Arkansas [Mr. Davis] who is
absent, and therefore withhold my vote.
Mr. OVERMAN (when his name was called). I am panea
with the junior Senator from Missouri [Mr. Wabnebj.
w ere nresent I should vote “ nay.”
Mr. FLIN T (when the name of Mr. T ebrins was called).
My colleague Is absent attending a meeting at^one of the De­
partments. If he were present, he would vote yea.
.Mr T\LIAFERIiO (when his name was called). I have a
general pair with the junior Senator from West ^ lrginia [Mr.
Scorr]. As he is not present, I withhold my vote.
The roll call was concluded.
Mr DOLLIVER. I desire to announce that my colleague
[Mr. A llison ] is paired with the Senator from Arkansas [Mr.
Of ABKE1
Mr FOSTER. I have a general pair with the Senator from
North Dakota [Mr. M cCumbeb ]. He is absent, and not know­
ing how he would vote, I withhold my vote.
Mr. DILLINGHAM .
Owing to my general pair with the
senior Senator from South Carolina [Mr. T illm an ], I withhold

Mr. H EYBU RN. N o ; I do n ot
Mr, FULTON. He proposes------Air. HEYBURN. I propose to give every person equal rights
fcnder the law.
Mr. FULTON. The Senator proposes to decide this matter
without reference to the evidence and without regard to the
^u ities in any particular case.
_
.
Mr. HEYBURN. I am astonished that the Senator should
**Rike that statement. W e are here under our sworn duty to
decide these matters. It does not follow that, because Congress
18 invested with the power and duty to decide a thing, that
®?ery Irresponsible board in the country should be invested witn
the. same power. This Is the legislative body of the country.
* am importuned to allow this matter to go through to-mg •
^hat Is the form the expression takes. I have here facts and
figures with reference to these discriminations which wou d
aPPalI this body if I could have its attention, which would
jaake the people of the country rise up in mutiny when t e.
mv vote.
*®0w It; and they will know it. They shall know it. In e\er>
’Mr. PILES. I again announce that
constituency in the United States they shall know It, because Ankeny] is absent, owing to sickness.
*t hag been taken up through the combination of boaid-




6199

my colleague

[Mr.




6200

CONGRESSIONAL RECORD— SENATE.

The result was announced— yeas 30, nays 23, as follows:
YEAS— 30.
Penrose
Gamble
Cullom
Aldrich
Piles
Gary
Bacon
Dolliver
Richardson
Guggenheim
du Pont
Brandegee
Taylor
Hale
Elkins
Briggs
Warren
•
Hopkins
Flint
Bulkeley
Wetmore
Johnston
Foraker
Burrows
Frye
Kean
Clapp
Long
Gallinger
Crane
NAYS— 23.
Smith, Mich.
Carter
Martin
Bailey
Smoot
Money
Bankhead
Dixon
Stephenson
Nelson
Gore
Borah
Sutherland
Newlands
Bourne
Heyburn
Teller
Paynter
Brown
McCreary
Simmons
McLaurin
Burkett
NOT VOTING— 39.
P latt
Knox
Davis
Allison
Rayner
La Follette
Depew
Ankeny
Scott
Lodge
Dick
Beveridge
Smith, Md.
McCumber
Dillingham
Burnham
Stewart
McEnery
Foster
Clark, Wyo.
Stone
Milton
Frazier
Clarke, Ark.
Taliaferro
Nixon
Fulton
Clay
Tillman
.Owen
Ilansb rough
Culberson
Warner
Overman
Ilemenway
Curtis
Perkins
Kittredge
Daniel
So Mr, H eybtjbn’s amendment was laid on the table.
Mr. FORAKER. I understand that the amendment prepared
by the Attorney-General and offered by the Senator from W est
Virginia has been adopted, so that the joint resolution now
stands as originally introduced with the change made by that
amendment in the proviso, which is, as I understand it, that
nothing in the joint resolution shall be construed to prevent a
suit in mandamus or by an injunction to test the validity of
this commodity clause of the rate act. I ask that the amend­
ment prepared by the Attorney-General may be read.
Mr. ELKINS. It has been agreed to.
Mr. FORAKER. I know it has been agreed to, but I should
like to have it read.
The VICE-PRESIDENT. The Secretary will read as re­
quested.
The Secretary. Add at the end of the joint resolution the
following proviso:
Provided, That nothing in this resolution shall be construed to pre­
vent the bringing of any civil suit or proceeding for the enforcement
of said provision, or the prevention of violations thereof; and the
Attorney-General is hereby authorized to institute, or cause to be in­
stituted, In the name of the United States and against any persons or
corporations failing to comply with said provision, such civil suit,
whether by application for mandamus, bill in equity for Injunction, or
other effective remedy in the premises, in any circuit court of the
United States which said courts shall have jurisdiction in the premises,
to secure the enforcement and observance of said provision; and the
respective parties to any such sutt herein authorized to be commenced
shall enjoy the right of appeal, as in suits of like character when in­
stituted by or on behalf of the Interstate Commerce Commission to
compel the observance of the interstate-commerce law.
Mr. FORAKER. Mr. President, the theory of this joint reso­
lution is, as I understand it, that if we postpone the imposition
of the penalty for noncompliance with the commodity clause,
the railroads will disregard the law and they will continue to
haul coal and other commodities which they own or mine or
produce or have an interest in, just as though there was no such
legislation.
In the first place, the joint resolution is wholly unnecessary
if the contention of Senators is correct that there is no penalty
applicable to a violation of this clause. I have not examined
the lawT since this point was raised with sufficient care to have
a satisfactory opinion on that subject, though I have supposed
there would be no difficulty in pointing out that a penalty has
been provided in the statute that would be applicable to a vio­
lation of this clause. I will assume there is a penalty that is
applicable, for I do not care to debate that. I understand that
the Interstate Commerce Commission makes that contention,
and I propose to take it as though there was no question about it.
I deem it unnecessary to pass the joint resolution in the form
in which it has been proposed for the further reason that the
roads are not observing it and no penalty is being imposed.
About that I want to make some remarks.
Mr. B AILE Y. Mr. President------The VICE-PRESIDENT. Does the Senator from Ohio yield
to the Senator from Texas?
Mr. FORAKER. Certainly.
Mr. B AILEY. I wish to suggest to the Senator from Ohio
that there is a general penalty clause in the act which contains
this provision, and under that general penalty clause a railroad,
if it is properly enforced, could be punished for violating that
particular prohibition. I had something to do with drawing
that amendment. No penalty was incorporated in that partic­
ular provision, but it was left for the punishment of those who
violated the law to be provided for in the general penalty

May 13,

clause of the a ct I am amazed to learn that the Interstate
Commerce Commission has expressed the opinion that there is
no penalty provided for the violation of the clause.
Mr. FORAKER. I understand it is just the reverse of that.
I say I do not care to argue that there is no penalty applicable,
for I understand that the Interstate Commerce Commission is of
the opinion that the penalty provided in the general clause, to
which the Senator from Texas refers, does apply.
Mr. B AILEY. Oh, I misunderstood the Senator. I am very
glad to know* that I did misunderstand him.
Mr. FORAKER. What I said was that Senators here have
co n ten d e d that there is no peualty that is applicable, but I
have not made any special examination to satisfy my mind
upon that point simply because for the purposes I have in view
in rising it is not necessary that I should.
Mr. DOLLIVER. Mr. President-----The VICE-PRESIDENT. Does the Senator from Ohio yield
to the Senator from Iowa?
Mr. FORAKER. Yes.
Mr. DOLRIVER. The Senator from Ohio will remember that
the amendments of 1906 were in the nature of a rewriting of
the section affected by the proposed amendments. So the inter­
state-commerce act as it now stands stands as it has been from
time to time amended; and section 10 of the original act as
amended by the act of March 2, 1889, contains the general
penalty clauses applicable to ail prohibitions of the whole act,
including all the amendments that have been made up to date.
So I think there will not be a sound legal conclusion that this
is a clause without a penalty.
Mr. FORAKER. As I intimated, what I was saying on that
point, in so far as it could be indicated that I have any do no
about it, was out of deference to the opinions of Senators who
have expressed themselves to the effect I mentioned, np.rneo >
that there is no penalty that applies. But I was careful to
say, without stopping to argue it, that I assume the penalties
do apply.
Now, notwithstanding they apply, the remark I made was
that I do not think the pending joint resolution ought to p ass,
because the railroads are not observing this law’ and there is
no effort, so far as I am aware, to impose any i>enalty upon
them.
I introduced a resolution asking the Interstate Commerce
Commission to inform the Senate whether this clause is being
observed by the railroads, and whether there was any arrange­
ment or understanding in accordance with which these penalties
were not to be enforced against the railroads if they did not
observe the law. Their answer was that they had no officia
knowledge, but that unofficially they have learned that tn
roads, with but two or three exceptions, are not observing *
law. I asked specifically about the Western Maryland La
road. I asked about that because that road is in the hands oi
receiver. That receiver is the officer of a United States couru
He is operating that railroad under the command of
'•
court, and I conceive it to have been the duty of that com
the 1st day of May to call the receiver's attention to the n
that this law went into operation on that day, and that in 4
cordance with this law he could not haul any coal in w b icn u
road was interested or which that road mined across the
line into any other State.
The Interstate Commerce Commission report that they ha
communicated with this receiver by telephone and that tn
receiver says he is not observing tbe law ; that in a few
he will make a report to the Interstate Commerce Commission
setting forth the reasons why he is not complying with tn
law ; and then the Interstate Commerce Commission will con
municate those reasons to the Senate. I have been waiting r‘
that supplementary report. I should like to have it before w
do anything here, for it seems to me, Mr. President, that
was absolutely compulsory upon the judge administering
receivership to decide on the 1st day of May the Q«eSt ,
whether or not the law in its application to that road is contutional, it being a road that owned these properties before
enacted tbe commoditr clause of 1006.
. t
It seems to me when we get that report, if it should w*
‘
the court has ordered the receiver to disregard the law, RJ
appear that the receiver is not obeying the law either bee
the judge has decided that the law is unconstitutional
,
application to that road or because the judge has been
by tbe Department of Justice that there is to be no
t0
ment of that law except on conditions that have been agree
by the Department of Justice.
ctr
Now, I think we ought to act intelligently when we do
and I do not think, therefore, that it is necessary to pa*joint resolution until we get this promised information,
may find that a case has been made and a decision rendereu.

CONGRESSIONAL RECORD— SENATE.

1908.

Mr. PLATT presented petitions of sundry citizens of the
United States, praying for the enactment of legislation to re­
strain Government officers and employees from political demon­
strations in favor of any candidate for the Presidency, which
were referred to the Committee on Privileges and Elections.
Mr. W ARN ER presented the petitions of Theodore Binderman,
Joseph J. Rodenique, J. A. Franklin, J. F. Miller, Edgar D.
Cooper, F. S. Holton, Charles B. Cowan, W . W . Wharton, W il­
liam Wehrle, John L. Rolf, Charles Birkman, A. P. Sovey, H.
Scherzer, H . Niemann, J. W . LaFever, J. W . Burch, E. Uhls,
S. 1». Doyle, J. A. Mayer. Joseph J. Summers, Fred R. Purdy,
Fred D. Martin, B. W . Nichols, E. J. Singen, Roy Havon, James
C. McCormick, Peter McCabe, A. Windisch, D. Enoch, C. L.
Reich, J. G. Burden, E. F. Hornbeck, R. Hartmann, John M. Callen, William O'Leary, F. Hener, N. Mager, Thomas N. Swift,
O. Koppen, Eugene Williams, and William Noll, all of St. Louis,
M o.; of Claud W. Collins, Benedict M. Smyth, Henry Ensmerger,
C. II. Douglass, Gust Maginson, R. A. Anderson, Albert Nelson,
John T. Smith, J. Haynes, T. D. Rucker, Harry Hull, J. H,
Smith, George A. West, George Lalley, H. B. Meek, Edward
Kbenbacke, William Hennens, Charles Henkle, Morriss Solomon,
L. R. Simison, W . D. Rainey, and E. W . Tuttle, all of Kansas
City, M o.; of George Unbellach, George Schmidt, Claud Graves,
Ceorge Sohn, ji\, George Solm, sr., P. Emblo, Peter Ivoob, Arch
Little, W . J. Lewis, Vincent Mudra, Luther M. Noll, C. G. Smith,
Samuel D. Peters, Robert Barns, Vincent Elder, Frank Cramer,
Edward Rogge, Pat McCarthy, W . W . Richardson, B. O.
Brooks, P. M. Josen, Clarence Elder, H . W . Nehrung, A. R. RipPlan, N. J. Tillquist, Mike Welmer, Samuel Watson, J. J. Denser,
Ed. c. Willey, Louis Becker, H. R. Deaton, Joe Mulhern, C. M.
Couch, George Campbell, Lester Tyroree, Basil Elder, Abe
Jotts, and F. W . Smith, all of Hannibal, M o.; of E. Z. Zoellig,
P- Bremnr, Ed. Rutledge, M. J. Donahue, Pat Clifford, B. F.
Parke, Clayton Dudding, H. 0 . R. Schwarz, Frank E. Capen,
Thomas Perrin, Fred Leuking, C. S. Driver, William Fraser.
D- E. Elliott, Lee Gantliert, and S. G. Wear, ail of Sedalia, Mo.;
of H. K. Glunt, E. G. Brandt, I). O. Craig, Charles W . WilliamJ°u. H, C. Patterson, Walter S. Eston, J. A. Kelly, H. T. Grundq rp gta]ieSj John W . Koehler, G. A. Johnson, E. W .
Gibson, j . I j Gray, W . F. Hagebusch, W . H . Stanfield, Thomas
,
McMahen, I,, h. Allen, S. G. Hendricks, W . E. Chenoweth,
*E Thompson, E. W . Kershaw, William J. Wyrsch, E. L. White,
//• E. Breshears, J. D. Payton, Charles F. Myers, John F.
^Partin, Charles Fisher, Fred C. Alsup, II. B. Warren, H. W .
|dompson, and J. A. Gehrs, all of Springfield, M o.; of W . S.
i°des, Henry Smith, C. A. Mabry, Sid Kirby, James Gott, and
John Beddow, all of Moheriy, M o.; of C. L. Kennedy, B. Charles
Lambert, V. K . Worcester, E. N. Bennett, jr., F. J. Meyer, John
"• Downes, C. J. Maloney, J. P. Scott, C. B. Ellis, F. Conyers,
2 ai‘Lv Angold, It. L. Eastwood, James McKee, J. II. OarkhulT.
D.
Weddle, and Louis E. Fetzner, ail of St. Joseph, M o.;
fo A ' • vers> F. E. Newkirk, Frank L. Myers, J. E. Briswalter,
''fCharles C. Carter, 0 . H . Gager, C. K. Dow, Ira B. Molin, N. D.
^kerm an, J. L. Power, Charles W . Fear, J. C. Schulte, J. E.
Logsdon, M. Bauer, Leona Humphrey, Joplin Trades Assembly,
II. Jalm, J. N. Phillips, and C. C. Jacobs, all of Joplin,
j ! 0; : of p . j . Hartmann, Ed. W . Evans, Mat Houck, William
*tams, and Miles Keane, all of Graniteville, M o.: of George It.
McGregor, R. T. Washburn, and Frank Teeter, all of Marceline,
JJ°*:
W . F. Lineback and II. W . Neecum, of Wellington, M o.;
Ed. McGarry, of Novinger, M o.; of Walter Keller, of DeSoto,
*0-; of H. C. Allen, A. B. Martin, and James Wilbur, of Sikeson, M o.; of E. J. Hitzemann, C. L. Kistner, and J. I. Kness, of
. ismarck, Mo.; of William Hughes, S. C. Snodgrass, and M. D.
hirns, of Bevier, M o.; of W . L. Simpson, Oliver Bagley, and
yA 'v - Buckner, of Charleston, M o,; of J. F. Knox, of Clifton
{V 1 Mo.; of E. J. H. Ulbrieh, of Connellsville, M o.; of E. T.
!'•‘L'higston, Charles Raabe, A. E. Biscliaff, J. H. Barrington,
A?” J. L. O’Brien, all of Springfield, M o.; of George Clarke,
F/'Patii C. Bush, and It. H. Greer, all of Poplar Bluff, Mo.,
W f l i ? for the adoption of certain amendments to the so-called
oherman antitrust la w ” relating to labor organizations,
which were referred to the Committee on the Judiciary.
v Ml BRANDEGEE presented petitions of sundry citizens of
Haven, Conn., praying for the adoption of certain amendr ! ‘Dt8 to the so-called “ Sherman antitrust la w ” relating to
° 1 organizations, which were referred to the Committee on
‘
l«e Judiciary.
_ Me also presented a petition of Mattabessett Grange, No. 42,
^atrons of Husbandry, praying for the enactment of legisla-

s*

ing for the enactment of legislation to prohibit women from
serving as clerks in saloons, clubs, wholesale houses, or any
place where intoxicating liquors are sold or dispensed in the
District of Columbia, which was referred to the Committee on
the District of Columbia.
,
He also presented a memorial of the Religious Liberty Bu­
reau of Takoma Park, in the District of Columbia, remonstrat­
ing against the passage of the so-called “ Johnson Sunday rest
bill,” which was ordered to lie on the table.
Mr. CULLOM presented a petition of the Western Society of
Engineers, of Chicago, 111., praying for the enactment of legis­
lation providing for the conservation of the natural resources
of the country, which was referred to the Committee on Forest
Reservations and the Protection of Game.
He also presented petitions of sundry citizens and labor or­
ganizations of Taylorville, Cairo, Chicago, Chicago Heights,
O'Fallon, Dundee, Kewanee, Girard, and Urbana, all in the
State of Illinois, praying for the adoption of certain amend­
ments to the so-called “ Sherman antitrust law ” relating to
labor organizations, which were referred to the Committee on
the Judiciary.
Mr. HOPKINS presented petitions of sundry citizens and
labor organizations of Urbana, Chicago Heights, Girard, and
Belleville, all in the State of Illinois, praying for the adoption
of certain amendments to the so-called “ Sherman antitrust
law ” relating to labor organizations, which were referred to the
Committee on the Judiciary.
Mr. H E YB U R N presented sundry petitions of citizens of
Boise, Idaho, praying for the adoption of certain amendments
to the soc-called “ Sherman antitrust law ’’ relating to labor
organizations, which were referred to the Committee on the
Judiciary.
He also presented a petition of sundry citizens of Coeur
d’Alene, Idaho, praying for the ratification of international
arbitration treaties, which was referred to the Committee on
Foreign Relations.
Mr. GUGGENHEIM presented petitions of sundry citizens of
Coal Creek, Grand Junction, Denver, Pueblo, Colorado Springs,
and La Junta, all in the State of Colorado, praying for the
adoption of certain amendments to the so-called “ Sherman anti­
trust law ” relating to labor organizations, which were referred
to the Committee on the Judiciary.
Mr. B U R K ETT presented a petition of sundry citizens of
Omaha, Nebr., praying for the adoption of certain amendments
to the so-called “ Sherman antitrust law ” relating to labor
organizations, which was referred to the Committee on the
Mr. CRANE (for Mr. L o d g e ) presented petitions of sundiy
citizens of Manchester, Woburn, Roslindale, Whitman, Springfield. Salem, and Athol, all in the State of Massachusetts, prayin‘r for the adoption of certain amendments to the so-called
of
• Sherman antitrust law ” relating to labor organizations, which
•
were referred to the Committee on the Judiciary.
Mr PILES presented a petition of sundry citizens of Cen­
tra lis Wash., praying for the passage of the so-called “ rural
parcels-post bill,” which was referred to the Committee on
Offices and Post-Roads.
He also presented petitions of sundry citizens of Everett,
Wash., praying for the adoption of certain amendments to the
so-called "Sherm an antitrust la w ” relating to labor organiza­
tions which were referred to the Committee on the Judiciary.
He also (for Mr. A n k e n y ) presented petitions of sundry c i t i ­
zens of Seattle, Wash., praying for the establishment of postal
savings banks, and also for the passage of the so-called pareei«-itost hill ” which were ordered to lie on the table.
He also (for Mr. A n k e n y ) presented petitions of sundry citi­
zens of Seattle, Franklin, lloquiam.and Everett, all in the State
of Washington praying for the adoption of certain amendments
to the' so-called “ Sherman antitrust la w " relating to labor
organizations, which were referred to the Committee on the
Judiciary.
F0BT CROOK MILITARY POST.

Mr W YR R EN . I am directed by the Committee on Military
Affairs to whom was referred the bill (S. 7113) making ap­
propriation for repairs and reconstruction of buildings de­
stroyed by cyclone at Fort Crook military post, to report it
favoVably'witli amendments, and I submit a report (No. 659)
thereon. I call the attention of the senior Senator from
Nebraska [Mr. B urkett ] to the hill.

; Mr'

' ' " " - A , , , .... ..
Lh 'icl to
oil ilie table.

and W liile Mountains,

6225

consent ttat tte um
the Senator from Iowa [Mr.

I A llison ] has charge of the sundry civil appropriation hill and
Mr. GALLIN GER presented a petition of the W om ans Inter^ “
huminatiounl Missionary Union of Washington, D. C., pray- I is very desirous of calling it up this morning, as he gave notice
X L II------ 390







CONGRESSIONAL RECORD— SENATE.

Mat 14,1

yesterday lie would d o ; and, therefore, I must object to any bill age the development of coal deposits in the Territory of Alaska,
and I submit a report (No. 655) thereon. I ask unanimous
being considered in the morning hour.
Mr. W ARREN . I understand fully the reasons why the Sen­ consent for its immediate consideration.
ator objects. I am sorry to know that he applies his objection
Mr. HALE. I must object, Mr. President.
to this measure, but I hope there will be an opportunity some
The VICE-PRESIDENT. Objection is made, and the bill
time during the consideration of the appropriation bill or will be placed on the Calendar.
Mr. FLINT, from the Committee on Public Lands, to whom
immediately following it, for the consideration of the bill which
the Senator from Nebraska desires to have passed, as it is to were referred the following bills, reported them each with an
cover a great loss that has occurred there by cyclone, where amendment and submitted reports thereon:
A bill (S. 641S) authorizing the sale of lands at the head of
the property is in danger and where the officers are -without
Cordova Bay, in the Territory of Alaska, and for other pur­
shelter.
poses (Report No. 6 5 6 ); and
Mr. HALE, Is it a short bill?
A bill (S. 6925) for the relief of the Alaska Terminal and
Mr. W ARREN. It is a short bill. I think it will not be
Navigation Company (Report No. 657).
discussed.
Mr. GAMBLE, from the Committee on Indian Affairs, to whom
Mr. BURKETT. It is a short bill, comprising only nine lines.
Mr. HALE. After this I must object, because the Sena­ was referred the bill (S. 6775) construing certain provisions of
tor from Iowa is very desirous of going on with the appropria­ an act of Congress entitled “An act to divide a portion of the
tion bill, and there are many reasons why the bill should be reservation of the Sioux Nation of Indians in Dakota into
separate reservations, and to secure the relinquishment of the
proceeded with.
The VICE-PRESIDENT. The bill reported by the Senator Indian title to the remainder, and for other purposes,” approved
from Wyoming from the Committee on Military Affairs will be March 2, 1S89, relating to Indian allotments, and for other pur­
poses, reported it with an amendment and submitted a report
read.
The Secretary read the bill, and there being no objection, the (No. 658) thereon.
Mr. W ARNER. From the Committee on Military Affairs I
Senate, as in Committee of the Whole, proceeded to its consid­
report back favorably without amendment the joint resolution
eration.
The amendments were, in line 3, to strike out the words “ and (II. J. Res. 178) for appointment of members of Board of Man­
fifty ” before “ thousand,” so as to read, “ one hundred thou­ agers of the National Home for Disabled Volunteer Soldiers. I
sand ; ” in line 4, to strike out the word “ required ” and insert ask the Senator from Maine to allow the immediate considera­
the word “ necessary; ” in line 9, after the word “ May,” to tion of the joint resolution. It will take but a moment.
Mr. H ALE. I have just made objection in two or three cases
insert the words “ nineteen hundred and e ig h t;” and at the
and I am obliged to object now.
end of the bill, after the word “ post,” to insert the words
The VICE-PRESIDENT. Objection is made, and the joint
“ in Nebraska,” so as to make the bill read:
resolution will be placed on the Calendar.
B e it enacted, etc., That $100,000, or go much thereof as may be
Mr. du PONT. From the Committee on Military Affairs 1
necessary, is hereby appropriated, out of any money in the Treasury
not otherwise appropriated, to be Immediately available for the repair report back favorably without amendment the bill (H . Rand reconstruction of the buildings and for the replacement of furni­ 18618) fixing the status of the Porto Rico Provisional Regi­
ture and equipment destroyed in whole or in part by cyclone on the ment of Infantry, and I ask for its present consideration for
12th day of May, 100S, at Fort Crook m ilitary post in Nebraska.
the reason------The amendments were agreed to.
Mr. HALE. I am obliged to object. I have been objecting
The bill was reported to the Senate as amended, and the all the time.
amendments were concurred in.
The VICE-PRESIDENT. Objection is made, and the bill will
The bill was ordered to be engrossed for a third reading, be placed on the Calendar.
read the third time, and passed.
Mr. du PONT. The term of the regiment will expire by
limitation of law on the 1st of July next, and if the bill be not
REFUND OF DUTIES ON ANTHRACITE COAL.
now passed the regiment will be mustered out of the service on
Mr. BURROW S. From the Committee on Finance I report that date.
back favorably with an amendment the bill (S. 6796) to refund
Mr. HALE. I must object.
„
certain duties inequitably collected on anthracite coal by the
The VICE-PRESIDENT. Objection is made, and the bill
collector of customs at Baltimore, Md. I call the attention be placed on the Calendar.
,
of the senior Senator from Maryland to the bill.
Mr, SIMMONS, from the Committee on Commerce, to who®
Mr. EAYNER. A similar bill passed the Senate last year. was referred the amendment submitted by himself for M*It is an urgent bill and it has been reported unanimously. It Overman on the 9th instant, proposing to appropriate
passed the Senate unanimously on a former occasion.
for post lights on Pasquotank River, North Carolina, etc., jj*'
Mr. HALE. If it gives rise to no debate, I shall not object. tended to be proposed to the sundry civil appropriation
Mr. RAYNER. It will give rise to no debate.
reported favorably thereon and moved that it lie on the tab<<->
The Secretary read the bill, and there being no objection,
vjiWeh was agreed to.
71
the Senate, as in Committee of the Whole, proceeded to its r Mr. O W EN submitted a report (No. 652) to accompany «n
consideration.
J bill (S. 5164) to provide for the improvement of the P‘a ,
The amendment was, in line 6, before the word “ dollars,” 14 National Park, situated at Sulphur, Okla., heretofore report® J
strike out “ one hundred and sixty-four ” and insert “ ani
by him.
... [
ninety-two,” so as to make the bill read:
He also submitted a report (No. 651) to accompany the *"* J
Be it ena cted , etc.. That the Secretary of the Treasury is beret* (S. G246) authorizing the Secretary of the Interior to set ast«v
authorized and directed to refund to the Consolidated Gas, Eleetr® a certain tract of land for town-site purposes, heretofore j*> J
Light and Power Company, of Baltimore, Md., $7,002.78, and to th l
'
Hazard Wharf Company, of Baltimore, Md., $0,873.61, these amount! ported by Mm.
having been inequitably collected by the collector of customs at Balti^
Mr. N EW LANDS, from the Committee on Commerce, v
more, Md., as duty on anthracite coal after the 6th day of October, "wfiom was referred the bill (S. 7112) providing for the api* ’l!l'
1902.
The sum of $14,038.39 is hereby appropriated, out of any money in ment of an Inland Waterways Commission with the view t o tt:
the Treasury not otherwise appropriated, to enable the Secretary of improvement and development of the inland waterways of tn
the Treasury to carry out this act.
United States, reported it with amendments.
The amendment was agreed to.
BILLS INTRODUCED.
The bill was reported to the Senate as amended, and the
Mr. BU RKETT introduced a bill (S. 7114) to correct the
amendment was concurred in.
military record of Stephen Feather, deceased, which
t -Vr
The bill was ordered to be engrossed for a third reading,
twice by its title and referred to the Committee on .Mihh'jj
read the third time, and passed.
Affairs.
REPORTS OF COMMITTEES.
Mr. CLARKE of Arkansas introduced a bill (S. 7115) f ° r T
“
Mr. SMOOT, from the Committee on Claims, to whom was relief of the estate of Wiley J. Davis, deceased, which w
referred the bill (S. 3723) for the relief of the Farmers and read twice by its title and referred to the Committee on Clam •
Mr. du PONT introduced a bill (S. 7116) granting a
Merchants’ Bank of Mandan, N. Dak., reported it without
to Margaret Bond, which was read twice by its title an®
amendment and submitted a report (No. 653) thereon.
Mr. WARREN, from the Committee on Military Affairs, to ferred to the Committee on Pensions.
Mr. CLAPP introduced a bill (S. 7117) for the relief or '
whom was referred the bill (S. 1526) to correct the military
record of Edward T. Lewis, reported it with an amendment and drew- A. Kelly, which was read twice by its title ami re ie
submitted a report (No. 654) thereon.
to the Committee on Military Affairs.
fhe
Mr. HOPKINS introduced a bill (S. 7118) providing for »
Mr. FLINT. From the Committee on Public Lands I report
back favorably with amendment the bill (S. 6805) to encour­ erection of an addition or extension to the post-office and c

CONGRESSIONAL RECORD— SENATE.

1908.

Mr. MONEY. I wish to make an Inquiry of the Chair. What
is the pending order now?
The VICE-PRESIDENT. The order is the presentation of
petitions and memorials.
Mr. NEW LAND S. Mr. President, I wish to say only a few
■words in regard to this bill. I trust that the Committee on
Finance will present the bill with certain amendments which I
shall suggest briefly.
One is an amendment requiring that national banks shall
keep at least three-fourths of their reserves in their bank vaults,
the change, however, to be made gradually, within a period of
five years, under the direction of the Comptroller of the Cur­
rency.
I also hope that the committee will submit another amend­
ment, and that is one preventing national banks from loaning
their depositors’ money to an amount exceeding five times their
capital and surplus, and that provision shall be made also for a
gradual change in this respect, under the direction of the Comp­
troller of the Currency, within a period of five years, the pur­
pose of the gradual change being not to accomplish an immediate
dislocation in the relation between the loans of the banks
and their capital and surplus, but to accomplish the reform
gradually,
I also trust that an amendment will be offered by the com­
mittee providing that State banks may become members of these
clearing-house associations, conditioned upon their complying
with the requirements of the national-bank act In these pro­
visions relating to the relations of reserves to deposits and bank
loans to capital.
I also trust that the committee will offer an amendment that
the presidents of the clearing-house associations shall meet an­
nually and select a banking commission of nine men, each
representing a section of the country corresponding to the judi­
cial circuits, who shall sit permanently at Washington as an
advisory commission to the President, the Secretary of the
Treasury, and to Congress, with a view to considering changes
jn the banking law and making recommendations regarding
interstate and international exchange, and also with a view of
bringing the Treasury Department Into immediate contact with
the selected representative of each section of the country, so
that we shall have at Washington the sentiment of each section
represented in such a commission, instead of compelling the
Secretary of the Treasury, as heretofore, to go to one place,
New York, for counsel and advice regarding the financial situ­
ation.
Now, if the Finance Committee will present brief amend­
ments in this direction— requiring changes in reserves to be
gradually brought about within a period of five years; pro­
viding that the amount of the capital and surplus and the bank
mans shall be fixed in a certain relation, the change to be ac­
complished in five years; providing that the State banks shall
become members of these clearing-house associations upon the
Audition that they shall subject themselves to the same rules
velating to reserves and to bunk loaus, and then establishing
J banking commission at Washington representing the best
‘ bought of the banking sentiment in each section and in direct
contact with Congress and the Executive in matters of advice
counsel— it seems to me that it will largely perfect this bill
to a very large extent do away with the necessity for the
currency commission which it is proposed to create.
The VICE-PRESIDENT. The bill will be referred to the
'-ommittee on Finance.
PETITIONS AND MEMORIALS.

6301

Mr. FR YE presented sundry petitions of citizens and labor
organizations of Madison, Me., praying for the adoption of cer­
tain amendments to the so-called “ Sherman antitrust law ”
relating to labor organizations, which were referred to the
Committee on the Judiciary.
Mr, W ETM O RE presented a petition of the Central Labor
Union, American Federation of Labor, of Newport, R. I., pray­
ing for the adoption of certain amendments to the so-called
“ Sherman antitrust law ” relating to labor organizations, which
was referred to the Committee on the Judiciary.
Mr. PLATT presented petitions of sundry citizens and labor
organizations of New York City and Yonkers, in the State of
New York, praying for the adoption of certain amendments to
the so-called “ Sherman antitrust law ” relating to labor organi­
zations, which were referred to the Committee on the Judiciary.
He also presented a petition of the National Convention for
the Unemployed, of New York City, N. Y., praying that an ap­
propriation be made for the improvement of national roadways
and for the deepening and improving of the waterways of the
country, which was referred to the Committee on Agriculture
and Forestry.
Mr. W A R R EN presented a petition of sundry citizens of
Rock Springs, Wyo., praying for the adoption of certain amend­
ments to the so-called “ Sherman antitrust law ” relating to
labor organizations, which was referred to the Committee on
the Judiciary.
Mr. PENROSE presented a petition of Corry Council, No. 425,
Order of Knights of Columbus, of Corry, Pa., praying for the
enactment of legislation making October 12, the anniversary of
the discovery of America by Christopher Columbus, a national
holiday, which was referred to the Committee on the Judiciary.
He also presented a petition of -Frackville Grange, No. 1225,
Patrons of Husbandry, of Frackville, Pa., praying for the pas­
sage of the so-called “ McHenry bill,” providing for the safety
of deposits in all banks, which was referred to the Committee
on Finance.
He also presented a memorial of sundry citizens of East
Downingtown, Pa., remonstrating against the enactment of
legislation to limit the effect of the regulations of commerce be­
tween the several States and with foreign countries in certain
cases, which was referred to the Committee on the Judiciary.
Mr. H ALE presented petitions of sundry citizens and labor
organizations of Bangor and Millinocket, in the State of Maine,
praying for the adoption of certain amendments to the socalled “ Sherman antitrust law ” relating to labor organizations,
which were referred to the Committee on, the Judiciary.
Mr. PERKINS presented a petition of the Chamber of Com­
merce of San Francisco, Cal,, praying for the enactment of legis­
lation to promote Rear-Admiral Robley D. Evans to the grade
of vice-admiral, which was referred to the Committee on Naval
A 'H e"also presented a petition of the San Joaquin Building
Trades Council, of Stockton, Cal., praying for the adoption of
certain amendments to the so-called “ Sherman antitrust law ”
relating to labor organizations, which was referred to the Com­
mittee on the Judiciary.
Mr. PILES presented a memorial of sundry citizens of Seat­
tle and Montesano, in the State of Washington, remonstrating
against the enactment of legislation to prohibit Sunday bank­
ing in post-offices in the handling of money orders and registered
letters, which was referred to the Committee on Tost-Offices
tnd Post-Roads.
He also presented petitions of sundry citizens and labor or­
ganizations of Seattle and Bellingham, in the State of W ashnsrton, praying for the adoption of certain amendments to the
so-called “ Sherman antitrust law ” relating to labor orgamzaions which were referred to the Committee on the Judiciary.
He also (for Mr. A n k e n y ) presented a petition of the Cenral Labor Council, American Federation of Labor, of Seattle,
Y ^ h craving for the adoption of certain amendments to the
n cali’ d "Sherm an antitrust la w ” relating to labor organizae
ions which was referred to the Committee on the Judiciary.
‘ Mr BROW N presented a petition of the Commercial Club of
C e a r n e v Nebr., praying for the enactment of legislation to
uthorize the Secretary of WT
ar to investigate and report a
,lan for the preservation of Old Fort Kearney, in that State,
s historical ground, which was referred to the Committee on
lilitary Affairs,

The VICE-PRESIDENT presented a memorial of the Indiana
* r^ncb of the National Rivers and Harbors Congress, of
uuianapolls, Ind., remonstrating against the enactment of
egislation permitting the construction of a dam for power or
jner purposes in White River at or near Williams, in that
»tate, which was referred to the Committee on Commerce.
He also presented sundry petitions of citizens and labor
cganizatlons of Seattle, Wash., praying for the adoption of
. n aruendments to the so-called “ Sherman antitrust law ”
_ ating to labor organizations, which were referred to the
mmittee on the Judiciary.
Me also presented a petition of the American WT
ater Works
fo tKiation’ Ik y in g for the enactment of legislation providing
i-8
'f tlie taking of the census of the water powers o f the United
rrr> k T iV T T T T TTT1? PTTTT T PTTC
TTT
P
TTS
ii /!*
the Census Bureau, which was referred to the ComMr. TELLER. Mr. President, I have here a paper touching
^d jee on the Census.
trade with the Philippines in sugar and tobacco, sent to me with
labor
TJ.OM presented petitions of sundry citizens and
the request that I should put it in the R ecord. In my judg­
of 11 .^Denizations of Taylorville and Urbana, In the State
,
tr,
nols, praying for the adoption of certain amendments ment It should not go in the R ecord; it is cheaper and better
* u‘ so-called "Sherm an antitrust la w ” relating to labor to publish it as a document. Therefore I ask unanimous con­
_
suinzatlons, which were referred to the Committee on the sent that it may be published as a document.
The VICE-PRESIDENT, Without objection, it is so ordered.







M ORIAL TO ABRAHAM LINCOLN.
EM
Mr. WETMORE. I am directed by the Committee on the
Library, to whom was referred the bill (S. 7110) to aid in build­
ing a memorial to Abraham Lincoln, on the site of the Lincoln
birthplace, in Kentucky, to report it favorably without amend­
ment, and I submit a report (No. 660) thereon. I ask for its
present consideration.
Mr. H ALE rose.
Mr. CULLOM. I hope the bill will be considered and passed
at this time.
The Secretary read the bill, and there being no objection, the
Senate, as in Committee of the Whole, proceeded to its consid­
eration. It authorizes the expenditure of $50,000 under the di4
rection of the Secretary of War, for the express purpose, and no
other, of aiding in the building of a suitable memorial upon thefarm, in the State of Kentucky, upon which Abraham _Lincoln
was bom, said memorial to be in process of construction f ‘ ;|
ruary 12, 1909, the centennial of Abraham Lincoln’s birth. But
authorization of expenditure is made upon the exptess coiy
dition that the Lincoln Farm Association of the State of Nej r
York shall first have raised the sum of $150,000, used, or to t b
used, for the purchase of the farm, building the memorial, ca ■
ing for the same, and acquiring relics characteristic of the li: e
of the period and locality in which Lincoln was born.
The bill was reported to the Senate without amendment or­
dered to be engrossed for a third reading, read the third tinD,
and passed.

CONSIDERATION O THE CALENDAR.
F
Mr. HALE. Mr. President, when the routine morning busi­
ness is ended I propose to ask the Senate, for the convenience cf
a great many Senators, to proceed to the consideration, unde
Rule V III, of bills on the Calendar to be passed by uaanimou
consent.
For several davs all bills have been held up by the appropria­
tion and other bills. A great many Senators are interested in
bills on the Calendar, and half an hour or an hour spent m tak­
ing up only those bills that will pass by unanimous consent ''il l
relieve a great many Senators. As soon as the morning busi­
ness is over I shall make the request. I will not interfere now
with the regular order.

REPO
RTS O COM ITTEES.
F
M
Mr. PLATT, from the Committee on Printing, reported an
amendment proposing to appropriate $800 to pay A. J. Halford
for compiling, editing, and indexing the third edition of the
r a n i o n a l Directory, nrsi session, ^uueux Congress, mCongressional
first
Sixtieth vjuugics®, ^

tended'to be proposed to the general deficiency appropriation
. . .

*

-« .

a m utAtifioHATic

bill, which was referred to the Committee on Appropriations
and ordered to be printed.
Mr CARTER
Mr. CARTER, from the Committee on me ui^iriei of c.uthe District ui Columbia, to whom « . .referred the bill1 (S. 6087, authorizing
the extension of P, Volta, Q, and Dent streets NW., reported ad
yerseiy thereon, and the bill was postponed indefinitely.
Mr. PILES. From the Committee on Commerce I report
hack favorably with an amendment the bill (S. 6840) to amend
the laws concerning transportation between ports of the Terri­
tory of Hawaii and other ports of the United States, and I sub­
mit a report (No. 661) thereon. I ask for the present consid­
eration of the bill.
Mr. HALE. There are Senators who desire to look at that
bill.
Mr. PERKINS. I desire, on the part of the minority of the
committee, to submit a minority report.
Mr. HALE. Yes; there is a minority report. Of course it
^ The°VICE-PRESIDENT. The Senator from California sub­
mits the views of the minority. The bill will go to the Cal
,UOJ..
endar.
Mr ALDRICH I am directed by the Committee on Finance
iu r. A L u n m n . x a
■
.....................
•
to report back the bill (II. R. 21871) to amend the national
banking law, with a recommendation to strike out all after the
enacting clause and to substitute the bill which I send to the
desk. I will say that this is a unanimous report of the Com­
mittee on Finance.
Mr. BAILEY. I simply in this connection wish to say that
the report is unanimous in the sense that I very much prefer
the bill reported by the Senate committee as against the bill
which passed the House. In that sense it is unanimous.
The VICE-PRESIDENT, The bill will be placed on the
Calendar.
Mr. ALDRICH, from the Committee on Finance, to whom was
referred the bill (H. R. 21003) fixing the compensation of cer­
tain officials in the customs service, and for other purposes, re­
ported it with an amendment.

Mr. GALLTNGER, from the Committee on the District of Co­
lumbia, to whom was referred the bill (S. 6919) to establish a home for feeble-minded, imbecile, and idiotic children in the
District of Columbia, and for other purposes, reported it with­
out amendment, and submitted a report (No. 662) thereon.
Mr. CLAPP, from the Committee on Indian Affairs, to whom
the subject was referred, reported a joint resolution (S. R. 88)
to provide for an accounting of certain funds held in trust for
the Chippewa Indians in Minnesota, which was read twice by
its title.
.....
f Mr. OWEN, from the Committee on Indian Affairs, to whom
*
were referred the following bills, reported adversely thereon,
and the bills were postponed indefinitely:
A bill (S. 4290) providing for the extension of time within
which purchasers of lands in the Kiowa, Comanche, and Apache
reservations and the Fort Sill Wood Reservation may make
payment;
A bill (S. 3995) extending time of payment on town-site lots
in that part of Oklahoma formerly comprising the Indian Ter­
ritory ;
A bill (S. 6720) for the removal of restrictions from part of
the lands of allottees of the Five Civilized Tribes, and for other
purposes; and
A bill (S. 6721) for the removal of restrictions from part of
the lands of allottees of the Five Civilized Tribes, and for other
purposes.
He also, from the Committee on Indian Affairs, to whom
was referred the bill (S. 5310) to authorize the Kaw tribe of
Indians residing in the State of Oklahoma to bring suit in the
Court of Claims, and for other purposes, reported it without
amendment.
He also, from the same committee, to whom was referred the
bill (S. 4292) for the relief of Clarence W . Turner, reported i y
with an amendment.
''—Mr. BEVERIDGE, from the Committee on Territories, to
whom was referred the amendment submitted by Mr. G o r e on
the 8th instant, proposing to appropriate $214,335.25 to pay the
unpaid expenses of the constitutional convention of Oklahoma,
intended to be proposed to the general deficiency appropriation
bill, reported it with an amendment, submitted a report (N°663) thereon, and moved that it be printed and referred to the
Committee on Appropriations, which was agreed to.

MENOMINEE INDIAN RESERVATION, WIS.
Mr. CLAPP. From the Committee on Indian Affairs I re­
port a joint resolution to amend an act entitled “An act to au­
thorize the cutting v-. timber, the manufacture and sale of himof
~
Uui, and the JJlcOvl VallvLI of the IU1 Colo un the -ucuv***
her, tlllU lUL preservation v*- Ulc forests on urv Menominee1 d io n
inn in the State of Wisconsin,” JlI)I)rO\ 0(1 M a r c
dian Reservation, in th n SJtnlo n f W
approved
28, 1908, and I ask for its present consideration. It is to P® .
feet an act that has already passed at this session, and to
leu, ru
ium uaa aucauj yiiaocu
i Joint resolution
j jo in t resolution is le p o n e u a i u ic icqucov vj^
from Wisconsin [Mr. L a Follette], who is unable to be pre»tu .
Mr. HALE. It will give rise to no debate?
Mr. CLAPP. Oh. to no debate.
„. n
The joint resolution (S. R. 87) to amend an act entiUefl
act to authorize the cutting of timber, the manufacture
sale of lumber, and the preservation of the forests on the
nominee Indian Reservation, in the State of Wisconsin,
»
proved March 28, 1908, was read the first time by its title a ^
the second time at length, as follows:
M.rchM, I M S .,3
R esolved, etc., That the act of Congress approved M
titled “An act to authorize the cutting of timoer, m e “ * ; “, S 2 £ i l n »
"An
me
or timber, the
s-ilp of lumber and the preservation of the forests on the Men'
Indian Reservation, in the State of Wisconsin,” be. and the
by, amended to authorize the Secretary of the Interior to n,a.n'" of0re
into lumber any logs now remaining on hand which have liereiv ^
been cut under the provisions of the act of Congress e n title d -™ , o0
to authorize the cutting, sawing into lumber, and sale; OI tinn
^
certain lands reserved for the use of the Menominee trif-e or » ■
>
^
In
of Wisconsin, approvea
in the State or Wisconsin,” approved June 28, i w o , or “‘"‘A * sale of
-o . 1000,
oi
•,
. a the ..Ai. „ P /Aamvnnnn
v
at
visions of i La act of Congress entitled Ul n onf fr\ oUHlArilRP luv ** . 0f
“An act to authorize toe
timber on certain lands reserved for the use of the M«n°minee » dis1 Indians. In the State of Wisconsin,” approved June IA
pose of the same in accordance with the provisions of either
of the two acts of Congress last aforesaid.
There being no objection, the joint resolution was consider
as in Committee of the Whole,
without
The joint resolution was reported to the S e n a t e " ^
amendment, ordered to be engrossed for a third readme
the third time, and passed.
BILLS INTRODUCED.
Mr. PENROSE introduced a bill (S. 7120)
on
Lettie
sion to ------- A. Dunn, which was read twice by its
ferred
referred to the Committee on Pensions
Mr. D IXON introduced a bill (S. 7121) for the rt ‘•
7121,
' ' *
u read twice dj
estate of James W . Manila, which was ronil tWlCG Vj
and referred to the Committee on Claims.

and
of tb«
titie

CONGRESSIONAL RECORD— SENATE.

1908.

Mr. T E IL E R . I know that one or two Senators want to be
heard ou the bill. 1 think it is rather important whether or
not we shall adopt the policy therein announced, and if we are
going to do it, we should take up the bill at some other time. I
am compelled under the circumstances to object.
Mr. CULLOM. W e can not take it up at this session unless
we do so pretty soon. Of course the Senator has a right to
object.
The VICE-PRESID EN T. The Senator from Colorado objects,
and the bill will go over.
PUBLIC HEALTH AND MARINE-HOSPITAL SERVICE.

The bill (S. 6102) to further protect the public health, and
imposing additional duties upon the Public Health and MarineHospital Service, was considered as in Committee of the Whole.
The bill had been reported from the Committee on Public
Health and National Quarantine with amendments. The first
amendment was, on page 3, section 3, line 3, after the word
“ school,” to Insert “ without compensation to or from the
United States and,” so as to read:
S ec. 3. That to facilitate cooperation between State and Territorial
boards of health or departments of health, including the District of
Columbia, and the Public Health and Marine-Hospital Service, there
shall be established a school of hygiene, for which the facilities of the
hygienic laboratory shall be available. Regulations for admission to
Bnd for the conduct of said school shall be made by the Surgeon-Genoral with the approval of the Secretary of the Treasury. There shall
be received in this school, without compensation to or trom the united
States and with such lim itations as may be deemed necessary,

6315

The VICE-PRESID EN T. The Senator from Delaware pro­
poses an amendment, which will be stated.
The S ecretary . A t the end of section 1 i t is proposed to in­
sert:
P rovid ed , That the total number of the commissioned medical officers
of the Public Health and Marine-Hospital Service shall not exceed loO.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendments were concurred in.
The bill was ordered to be engrossed for a third reading,
read the third time, and passed.
INJURIOUS DEPOSITS IN NEW YORK WATERS.
The bill (S. 7023) to amend section 3 of the act of August
18, 1894, entitled “An act making appropriations for the con­
struction, repair, and preservation of certain public works on
rivers and harbors, and for other purposes,” so as to provide
safeguards to life on boats and scows, was considered as in
Committee of the Whole.
Mr. KEAN. I should like to ask the Senator from New York
whether he thinks the bill will prevent the State of New York
from creating a nuisance along the whole coast of New Jersey.
Mr. D EPEW . W ith the exception of an amendment contained
in the bill, the measure is existing law.
Mr. KEAN. I trust the bill will prevent the city of New
York from destroying property along the Jersey coast, and
therefore I hope everything has been put into the bill that
should be there to compel the city of New York to do its duty.
The VICE-PRESIDENT. Does the Senator from New Jersey
object to the consideration of the bill?
Mr. KEAN. I do not.
Mr. D EPEW . The object of the bill is particularly to take
care of the Jersey coast.
The bill was reported to the Senate without amendment, or­
dered to he engrossed for a third reading, read the third time,
and passed.
COLLECTION DISTRICTS IN OREGON.

The amendment was agreed to.
The next amendment was, on page 4, section 4, line 15, after
the word “ annum,” to strike out:
r There shall also be appointed in like manner a solicitor of the Public
Health and Marine-Hospital Service, who shall be familiar with the
Public health laws of the National Government, States, and munici­
palities, to aid iu establishing uniform measures for the protection of
Jhe public health and to perform such service of a legal nature as may
”e required. The salary of the solicitor shall be fixed by the Surgeongeneral, with the approval of the Secretary of the Treasury, and shall
not eiceed $5,000 per annum.
The amendment was agreed to.
The hill (S. 67SS) to amend sections 2586 and 2587 of the Re­
The next amendment was, on page 5, section 5, line 12, after
vised Statutes of the United States, as amended by the acts of
the word “ days,” to insert:
April 25, 3*82, and August 28, 1890, was considered as in Comdud provided fu rth er, That the health authorities of all the other
in. ,
and Territories shall be notified of said special conference, and j mittee of the Whole.
rj their discretion may send delegates, one from each State or Territory,
The bill had been reported from the Committee on Commerce
c their own expense.
with an amendment on page 3, line 23, after the word “ fees ”
The amendment was agreed to.
to strike out “ and,” and after the word “ commissions” to in­
The bill was reported to the Senate as amended, and the sert “ storage, and all perquisites of every name and nature,”
“ fiieudments were concurred iu.
so as to read:
The bill was ordered to be engrossed for a third reading,
Fourth. In the district of Portland a collector, who shall receive a
salarv of $0,000 a year, including fees, commissions, storage, and all
cad the third time, and passed.
perquisites of every name and nature; and an appraiser, who snail
■tj he bill (S. 6101) to promote the efficiency of the Public receive a salary of $3,000 a year, both of whom shall reside at I ortTealth and Marine-Hospital Service was considered as in land, Oreg.
committee of the Whole.
The amendment was agreed to.
HrT
^ ad been reported from the Committee on Public
The bill was reported to the Senate as amended, and the
^ it h and National Quarantine with amendments.
amendment was concurred in.
.
The first amendment was, in section 1, page 1, line 10, after
The bill was ordered to be engrossed for a third reading, read
word “ surgeons-general,” to insert “ or colon el;’’ in line the third time, and passed.
t, after the word “ surgeons-general,” to insert “ or lieutenantThe title was amended so as to read: “A bill to amend sec­
j-monel; ” on page 2, line 1, after the word “ surgeons,” to insert tions 2586 and 2587 of the Revised Statutes of the United
* mfijor,” so as to read:
States, as amended by the acts of April 25, 1882, and August
comm;1 ;
: llereafter the pay and allowances, including longevity, of the | 28, 1890, relating to collection districts in Oregon.”
Pit-ii v!s , ed medical officers of the Public Health and Marine-HosPROOF OF SIGNATURES AND HANDWRITING.
W ‘ it f rvice shall be the same as the pay and allowances, Including
M edi'ny ant* excepting forage, of the commissioned officers of the
The bill (S. 60S) relating to proof of signatures and hand­
of twA i} I)artment of the Army, as follow s: Surgeon-General, that
of a , urgeon General of the Arm y; assistant surgeons-general, that writing was considered as in Committee of the Whole. It pro­
directs
surgeons-general or colonel of the A rm y; ten medical vides that in any court of the United States where the genu­
Atmv • ’ “ rat of deputy surgeons general or lieutenant-colonel of the ineness of the signature or handwriting of any person may be
y . surgeons, that of surgeons or major of the Army.
involved, any admitted or proved signature or handwriting of
amendment was agreed to.
such person shall he competent as a basis for comparison to
tawipineXt ameilllllleut was to insert as a new section the fol: prove or disprove such genuineness.
i The bill was reported to the Senate without amendment^ or­
P ltan ii?' That when any officer of the Public Health and Marine-IIos- dered to be engrossed for a third reading, read the third time,
of th» v V
i* s,ia11 be detailed for duty with the m ilitary or naval forces
1 irw.W^ted States, under the provision of section 4 of the act of July |and passed.
of tho v , f i t t e d “An act to increase the efficiency and change the name
ROBERT V. BELT AND JOSEPH P. MULLEN.
du t v , United States Marine Hospital Service," he shall when on such
i The bill (S. 42SS) to empower the Court of Claims to hear
* M subject to the Rules and Articles of War.
I and determine the claims of Robert V. Belt and Joseph P. MulT'jie amendment was agreed to.
leu for services and expenses for the Choctaw and Chickasaw
Ttie next amendment was, on page 2, section 3, line 21, after
freedmen was considered as in Committee of the Whole.
o word “ promotion," to insert “ according to seniority,” so as
The bill had been reported from the Committee on Indian
lu read:
! A ffa ir s with amendments. The first amendment was, on page
RegiFu
when any commissioned medical officer In the Public
be Bh«ii !u* Marine-Hospital Service has reached the age of 64 years |2, section 2, line 13, after the word “ freedmen,” to strike out
be r,!,."’ ,uPon bis own application or in the discretion of the President, j “ and the United States;” in line 14, after the word “ freedmen,”
accoi-ui..
bis place ou the active list shall be tilled by promotion 1 to strike out “ and the United States;” and in line 17, after the
uiaing to seniority.
I word “ who,” to insert “ with such attorney as said freedmen
■iJ/ amendment was agreed to.
I may select and employ,” so as to make the section read:
eim ' V 1 P^ N T . 1 offer an amendment, to be inserted at the
1
S ec. 2. That the suits in said cases shall he begun by filing petitions
of section 1.
I In the Court of Claims within sixty days after the approval of this act.







6316

CONGRESSIONAL RECORD— SENATE.

wherein shall be set out such facts and in the manner as prescribed
P.
by the rules of that court, by the said Robert V. Belt and
Mullen, against the Choctaw freedmen in the one case and against the
Chickasaw freedmen in the other case; service of said petitions shall
be had by delivery of two copies of each to the Attorney-General, who,
with such attorney as said freedmen may select and employ, shall ap­
pear and defend for all of the defendants in each of said cases.
Tb < amendment was agreed to.
3
The next amendment was, in section 3, page 3, line 3, after
the words “ against the,” to strike out “ United States in the
respective cases, said judgments to be certified to Congress as
in other cases provided ” and insert “ individuals to whom such
services were rendered,” so as to make the section read;
Sec. 3. That the court may receive and consider all papers, docu­
ments, records, depositions, or other evidence offered by any of the
parties to said su its ; and for such amount, if any, as the court shall
adjudged to be justly and equitably due to said attorneys, Robert V.
Belt and Joseph P. Mullen, as the value of the services rendered and
expenses incurred by them for and on behalf of the said Choctaw and
Chickasaw freedmen upon the evidence submitted it shall render judg­
ment or decree against the individuals to whom such services were
rendered.
The amendment was agreed to.
JVIr. KEAN. Is there a report accompanying the bill?
/ Mr. OWEN. The bill was reported from the Committee on
‘ipdian Affairs, and the report is No. 624.
— *
”
Mr. KEAN. I do not seem to have it here. I wish the Sen­
ator from Oklahoma would explain the bill. It seems to be
pretty broad.
-n
Mr. OWEN. The bill is to provide a hearing in the case of
Robert V. Belt aud his associate, Mullen. Mullen was formeriy
I Assistant Commissioner of Indian Affairs, and afterwards
l served these people and procured a consideration of their claims
i| which led to their being allowed an allotment from the Chicka| saw Nation. They have never been compensated, and have had
d
nothing in the way of expenses or other considerations for the
I services rendered. The bill simply permits the court to consider
; their claim and find what, if anything, is due to them.
1
\ Mr. KEAN. It also provides for the finding of judgment,
<mes it not?
OWEN. Certainly.
Mr. KEAN, And the report of the claim to Congress.
r. OWEN. N o ; that was stricken out. It was amended so
s to read “ the individuals to whom such services were*

Mat 15,

praised shall be paid from the proceeds of the sale of town lots
of the nation in which such town is situated.
The bill was reported to the Senate without amendment,
ordered to be engrossed for a third reading, read the third
time, and passed.

PAYMENT TO CERTAIN CHEROKEE CITIZENS.
The bill (S. 6930) to pay to certain Cherokee citizens moneys
to which they have been found entitled by the Supreme Court
was considered as in Committee of the Whole. It directs the
Secretary of the Interior to pay, out of any funds in the Treas­
ury belonging to the Cherokee tribe of Indians, to those inter*
married white citizens of the said Cherokee tribe placed oh
the final approved rolls of the said Cherokee tribe by the Secre­
tary of the Interior pursuant to an opinion of the Supreme
Court of the United States in the case of Daniel Red Bird
against The United States, the share or shares to which they
are entitled in the funds of the Cherokee Nation on account bf
payments heretofore made out of said Cherokee funds to mem­
bers of the Cherokee Nation, but in which payments said inter­
married white Cherokee citizens did not participate and to
which they were entitled in accordance with the findings of tha
Supreme Court in the said case of Daniel Red Bird against The
United States, said intermarried white Cherokee citizens hav-j
ing married into the Cherokee Nation prior to November l,j
1875, and not having since abandoned their citizenship. In
case any of said intermarried Cherokee white citizens have died \
since final enrollment their share or shares in the money dis-i
tributed shall be paid to their heirs or legal representatives,
but the Cherokee Nation shall have authority to contest before
the Secretary of the Interior the right of any person whose
enrollment was made under the decree o f the Supreme Court
of the United States in the case of Daniel Red Bird to receive
such payments, and if said. Secretary becomes convinced that
such person was improperly enrolled he is hereby authorized
to deny him the right to receive such back payments.
The bill was reported to the Senate without amendment,
ordered to be engrossed for a third reading, read the third time,
and passed.
—
FUNDS OF OSAGE INDIANS.
The joint resolution (S. R. 67) empowering the Court of
Claims to ascertain the amount of the “ civilization fu n d” paid
Mr. KEAN. I have no objection, of course, to the individuals by the Osages and applied to the benefit of other Indians, ana
s for other purposes, was considered as in Committee of tue
Jlr.^OWEN. That is all it provides. The words “ the Uni ted \ Whole. It confers jurisdiction upon the Court o f C la im s to
States ” were stricken out. The bill as first presented contained \ ascertain and determine the amount received by the U
F
that provision, but it was amended.
p a t e s from the sale of lands belonging to the OageMndum
The bill was reported to the Senate as amended, and the hinder a treaty between the United States and the Grea
amendments were concurred in.
/Little Osage tribe of Indians, proclaimed January 21,
■ The bill was ordered to be engrossed for a third reading, r e a d / credited to the “ civilization fund,” that has been expen
the third time, and passed.
— ^ any other Indians, or for any purpose other than the bene t ^
the Osaee Indians, and the amount so ascertained snan
CHICKASAW l a n d s for t o w n s it e s .
Jtacedto the credit of the Osage tribe of Indians in the C m J *
f The bill (S. 5163) to authorize the Secretary of the Interior gtates Treasury; less fee for attorneys representing said trio®
to segregate for town sites certain lands belonging to the
j n(jjaiis cmployed by virtue of the resolution of the OsaS
Chickasaw tribes, and for other purposes, was considered as j natlonaI council, passed on the 7th day of December, 190 1
,
in Committee of the Whole. It provides that in addition to the sucll amoQnt as’ the court shall ascertain and fix after proper
towns heretofore segregated, surveyed, and scheduled in ac- f a r in g 0f the services rendered and expenses incurred in
cordance with law the Secretary of the Interior is authorized proseeution of the claim aforesaid, and the amounts found « «
to segregate and survey, within that part of the territory of I by tlie C urt for the purposes hereinbefore stated are beret y
O
the Choctaw and Chickasaw nations, State of Oklahoma, hereto- ; appropriated out of said fund.
,*
fore segregated as coal and asphalt land, such other towns, parts 1 r
ptic joint resolution was reported to the Senate wltnou
of towns, or town lots as are now in existence or which he may amen(iment ordered to be engrossed for a third reading, » l1
‘W
deem it desirable to establish. He shall cause the surface of j the th5 time> ana passed
r(j
the lots in such towns or parts of towns to be appraised, sched' taw arTinn
INDIAN SCHOOL IN ARIZONA TERRITORY.
uled, and sold at the rates, on the terms, and
with the same |
I ndian schoo
caters
character of estate as is provided in section 29 of the act of 1 The bill (S. G523) granting a patent for land to
■ • &
Congress approved June 28, 1898 (30 Stat. L.,
p. 495), under j of the Blessed Sacrament for Indians
and Colorw l le . i .
regulations to be prescribed by him.
; charitable
corporation organized umler the av, s o
^ l0]e.
Section 2 provides that the provisions of section 13 of the j Pennsylvania, was considered as in Committee
t tn
act of Congress approved April 26, 1906 (34 Stat. L., p. 137), ! It authorizes the Secretary of the Interior to issue aMw (>Ior* i
cT
shall not apply to town lots appraised and sold as provided “ The Sisters of the Blessed Sacrament fo r Indiak »
f
People,” a charitable corporation organized under — herein.
the State of Pennsylvania, for and w w r i n ^ e fo llo ^ n g
d
Section 3 provides that the Secretary of the Interior shall
to 1 ^ 1 ^ 1 4 ^ 1 280 acre^u ow ^
approximately
~ ■ scribed lands,
1 . ^ 1 ,,,
cause the lots in the town of Hartshorne, Choctaw Nation, State scriDcu lanus, amounting
The Sisters
the
of Oklahoma, to be reappraised as of the date of original appraise­ for many years occupied by tbe said ‘ The Stetj n. 01 Jn.
■
^
ment made by the town-site commission; that payments already Blessed Sacrament for Indians and Colored leoplt
dian school, to w it: The southwest quarter of the s»uu»
f
made on lots therein shall be credited on the basis of reap­
praisement, and that payments not heretofore made on install­ quarter of section 13, the south half of the northeas 1 *
ments due or past due under the original appraisement shall section 14, and the east half of the northwest qunrter
oU
be superseded by the amounts fixed under the new appraise­ south half of the northeast quarter of section -4 , all m
ment; and payments shall be due and date from thirty days ship 26 north, range 30 cast, Gila and Sait River mtruiu
the Navajo Indian reservation in Arizona Territory.
or
after the service of notice of appraisement.
The bill was reported to the Senate without amendma
Section 4 provides that all expenses incurred in surveying,
platting, and selling the lots in any town or parts of towns dered to be engrossed for a third reading, read the tima
or the reappraisement of any lots in any town heretofore ap­ and passed.

6319

CONGRESSIONAL RECORD— SENATE.

1908.

b y p u rc h a s e , c o n d e m n a tio n , o r o th e rw is e ,
s i t e a n d c a u s e to
b e e re c te d th e r e o n a s u ita b le b u ild in g , in c lu d in g f iie p io o f
v a u lts , h e a tin g a n d v e n tila tin g a p p a r a tu s , e le v a to r s , a n d a p ­
p r o a c h e s , f o r t h e u s e a n d a c c o m m o d a tio n o f g o v e r n m e n ta l
o ffic e s in t h e c i t y o f M a r s h a l l a n d S t a t e o f M i s s o u r i , t h e c o s t
o f th e s ite a n d b u ild in g , in c lu d in g s a id v a u lts , h e a tin g a n d v e n t il a t i n g a p p a r a tu s , e le v a to r s , a n d a p p r o a c h e s , n o t to e x c e e d
t h e s u m o f $ 7 5 ,0 0 0 .
T h e b ill w a s r e p o r te d to t h e S e n a te w it h o u t a m e n d m e n t,
o rd e re d to b e e n g ro sse d fo r a th ir d re a d in g , r e a d th e th ir d
tim e , a n d p a s s e d .

D C B T N AND D
E O A IO
IPLO A T M C D W W C X
M O AJ, , E , IL O .

p a g e 3 , i n l i n e 4, a f t e r t h e w o r d “ a l l o t m e n t , ” t o i n s e r t “ f o r u s e
a s a h o m e s te a d , w h ic h s a id h o m e s te a d i s ; ” in lin e 6, a f t e r th e
w o r d “ a n d , ” t o s t r i k e o u t “ file ” a n d i n s e r t “ a d e s c r i p t i o n o f
t h e r e s e r v e d l a n d s h a l l b e f i l e d ; ” a n d I n l i n e 8, a f t e r t h e w o r d
“ a g e n c y ,” to s t r i k e o u t “ a d e s c r ip tio n th e r e o f ,” so a s to m a k e
th e s e c tio n r e a d :

Sec. 2. That within sixty days after the passage of this act each
allottee of the Quapaw Agency, except members of the M
odoc trine,
the father, and in case of no father then the mother, and in case or
] no father or mother then the legal guardian, acting for the minor cniicu
shall select the portion of each allotment for use as a homestead, wnicn
; said homestead is hereby reserved from sale, incumbrance, or taxation,
and a description of the reserved land shall be filed with the Secretary
of the Interior, the Commissioner of Indian Affairs, or the officer in
charge of said agency: P r o v i d e d , That if no such selection shall be
made as above provided then the Secretary of the Interior is hereby
and in behalf of any
; authorized to make such selection for be conclusive evidence that suen
and such selection when so made shall
innd is reserved from alienation, incumbrance, or taxation.

T h e b ill ( S . 5 9 8 9 ) a u th o r iz in g t h e D e p a r tm e n t o f S ta te to
d e l i v e r t o C a p t. C . D e W . W il c o x d e c o r a t i o n a n d d i p l o m a p r e s e n te d b y G o v e rn m e n t o f F r a n c e w a s c o n s id e re d a s in C om ­
m i t t e e o f t h e W h o le .
T h e b ill h a d b e e n r e p o r te d f r o m th e ;
T h e a m e n d m e n t w a s a g r e e d to .
C o m m itte e o n F o r e ig n R e la tio n s w i t h a n a m e n d m e n t, in lin e j
T h e n e x t a m e n d m e n t w a s , i n s e c t i o n 3 , p a g e 3, l m e 2 4 , a t t e r
3, a f t e r t h e w o r d “ T h a t , ” t o s t r i k e o u t “ C a p t a i n ” a n d i n s e r t t h e w o r d “ p u r p o s e s , ” t o i n s e r t “ a n d n o t o t h e r w i s e d i s p o s e d
“ M a jo r ,” so a s to m a k e th e b ill r e a d :
o f ,” s o a s t o m a k e t h e s e c t i o n r e a d ;
B e i t e n a c t e d , e t c ., That M
aj. C. De W Wilcox, United States Army,
.
be, and he is hereby, authorized to accept the decoration and diploma
of Officier d’Acaddmie tendered to him, through the Department of
State of the United States, by the Government of the French Republic;
and the Department of State is hereby authorized to deliver to him the
said decoration and diploma.

j

Sec. 3. That the Secretary of the Interior be, and he is hereby.author­
ized to sell all the tribal lands within the jurisdiction of the Quapaw
Agency, and all agency, school, or other Government buildings on any
reservation within the jurisdiction of said agency, at public auction
or bv sealed bids, under such regulations as he may prescribe; and he
is hereby authorized to convey all lands so sold to the purchaser thereof
; by patents in fee. And all lands within such agency which have here­
tofore been reserved for agency, school, or other purposes, and not
i otherwise disposed of, shall, on approval of this act, revert to the tribe
within whose reservation the lands are located and be sold as tribal
; lands as herein provided.

T h e a m e n d m e n t w a s a g r e e d to .
T h e b ill w a s r e p o r te d to t h e S e n a te a s a m e n d e d , a n d th e
a m e n d m e n t w a s c o n c u r r e d in .
T h e b ill w a s o r d e r e d to be e n g r o s s e d f o r a t h i r d r e a d in g ,
r e a d th e t h i r d tim e , a n d p a s s e d .
T h e a m e n d m e n t w a s a g r e e d to .
T h e t i t l e w a s a m e n d e d so a s to r e a d : “ A b i ll a u th o r i z i n g t h e :
T h e n e x t a m e n d m e n t w a s , o n p a g e 4, a f te r lin e 9, to a d d a s
D e p a r t m e n t o f S t a t e t o d e l i v e r t o M a j . C . D e W . W il c o x d e c o r a ­ a n a d d i t i o n a l s e c t i o n t h e f o l l o w i n g ;
tio n a n d d ip lo m a p r e s e n te d b y G o v e r n m e n t o f F r a n c e .”
Sec. 5. That the Secretary of the Interior be, and he Is hereby, au­

thorized and directed to restore to the rolls of the Klamath Agency, in
Oregon, those Modoc Indians now enrolled at the Quapaw Agency, in
T h e b i l l ( H . I t . 1 6 7 4 3 ) f o r t h e r e m o v a l o f t h e r e s t r i c t i o n s o n Oklahoma, formerly Indian Territory, together with their descendants
a l i e n a t i o n o f l a n d s o f a l l o t t e e s o f t h e Q u a p a w A g e n c y , O k l a ., living at the date of the passage of this act, and that upon the re­
moval of any of said Indians to the Klamath Reservation, in Oregon,
a n d t h e s a l e o f a l l t r i b a l l a n d s , s c h o o l , a g e n c y , o r o t h e r b u i l d - they shall be allotted as other Indians on said reservation, and that
f o g s o n a u y o f t h e r e s e r v a t i o n s w i t h i n t h e j u r i s d i c t i o n o f upon the passage of this act they be accorded all the rights and privisueh a g e n e v , a n d f o r o t h e r p u r p o s e s , w a s c o n s i d e r e d a s i n C o m - j leges o f other Indians enrolled at the Klamath Agency., I r o m d e d ,
■nrimin
I That for the purposes of such removal the Secretary of the Interior
t e t o r t h e \v hole.
, „ . i be, and he is hereby, authorized to sell, under such rules and regula1 he bill w a s r e p o r t e d f r o m t h e C o m m i t t e e o n I n d i a n A f f a i r s i tions as he may prescribe, all lands Inherited and otherwise heretofore
^ith a m e n d m e n t s . T h e f i r s t a m e n d m e n t w a s , i n s e c t i o n 1, p a g e ' a llo tte d to the members of said tribe in Oklahoma, a n d he is author~
TOnrf1
r.
?n c p r t
nd u t
in n e u m p in I 126(3 ]a ^ s> a d a ll r e ln tio s a s
Ple th e sa le , in a s m ra Pa lia f ta a
1 , l i n 0 o , a, l t e r t i l e w o r d u t to ,„ t o i n s e r t “ a c in li t ,•” i n tflip ssa m e llin eo, > gai(J to n issu e na Patents tr ic feen s3m to to th e p u rc h c u e r b o rn c e ,rca n d eJ®x ®r
D r. , f l p r
tA land shall thereupon be removed : Pra'Dd e d l U a t i
d.
a f t e r tnf* w n r /l 41 t h e , ” t o s t r i k e n n r *' v n n in n fs ” firm ln sperfr “ TAN 1 tion of said innd «v»r.n th ^ o im n n Iia famAVP/i • P r o v iidG ,.That no a c tu m
te r th e w o rd “ th e , ™
o u t “ v a r o u t ” a n d in s rt
fo l
f o w i n g ; ” i n l i n e 7, a f t e r t h e w o r d “ e x c e p t , ” t o s t r i k e o u t “ a s t o shall be taken under this section until a majority of theadultmem
bers of said Modoc tribe shall consent to such action said consent to
4 0 a c r e s ” a n d i n s e r t “ a h o m e s t e a d o f 1 2 0 a c r e s ; ” i n l i n e 8, be given in an open council, at a meeting called forthe piirpcise of
a f t e r t h e w o r d “ M i a m i , ” t o s t r i k e o u t “ O t t a w a ;” i n l i n e 1 0 , passing upon the terms of this section, the date and place of such
a f t e r t h e w o r d “ t o , ” t o s t r i k e o u t “ t w e n t y - f o u r ” a n d i n s e r t “ a council to be fixed by the Secretary of the Interior.
INDIAN LANDS IN O LAH M
K O A.

h o m e s te a d o f 4 0 o n p a g e 2, lin e 2 , b e f o r e t h e w o r d “ R e s e r ­
v a t i o n , ” t o s t r i k e o u t “ in t h e M o d o c ” a n d i n s e r t “ f o r e a c h
M e m b e r o f t h e O t t a w a t r i b e o n t h e O t t a w a ;” i n l i n e 3 , a f t e r t h e
w o r d “ m a y ,” t o i n s e r t “ u p o n a p p lic a tio n o f a n y a d u l t m e m b e r
e ith e r o f s a id t r i b e s ; ” in lin e 14, a f t e r t h e w o r d “ a llo tte e ,”
fo in s e r t “ fo r a n y p a r t o f h is s u r p lu s l a n d s ;" a n d in t h e sa m e
f in e , a f t e r t h e w o r d “ t o , ” t o s t r i k e o u t “ t h e e x p i r a t i o n o f s i x t y
fro m th e p a s s a g e o f th is a c t ” a n d in s e r t “ J a n u a r y 1,
. *9>” a n d a t t h e e n d o f t h e s e c t i o n t o i n s e r t t h e f o l l o w i n g p r o ­
v is o ;

That the Secretary of the Interior is hereby authorized and
tim e< to issue patents in fee to all religious societies and organlza>= *
raR 86Veral*> for the lands occupied by them within any of said
.
y
, 8 and heretofore reserved to such societies as shown on apn
* °ved schedules of allotments.

A \ l ,r< v^ c &
l
>

S o a s to m a k e t h e s e c tio n r e a d :

T h e a m e n d m e n t w a s a g r e e d to .
T h e b ill w a s r e p o r te d to th e S e n a te

a s am ended, an d

th e

amendments were concurred in.
T h e a m e n d m e n ts w e re o r d e re d to b e e n g ro s s e d , a n d th e b ill

to be read a third time.
T h e b ill w a s r e a d th e t h i r d tim e a n d p a s s e d .

C PT. C A LES E, M K O .
A
HR
OTN
T h e b i ll ( H . R . 1 7 0 5 6 ) f o r t h e r e l i e f o f C a p t . C h a r l e s E .
M o rto n S ix te e n th U n ite d S ta te s I n f a n t r y , w a s c o n s id e re d a s
in C o m m i t te e o f t h e W h o le . I t d i r e c t s t h e S e c r e t a r y o f t h e
T r e a s u r y to p a y to C a p t. C h a r le s E . M o rto n , S ix te e n th U n ite d
S t a te s i n f a n t r y , $186, to r e im b u r s e h im f o r t h e s u m o f $186
U n ite d S ta te s c u r r e n c y s to le n f r o m h im , w ith o u t f a u l t o r n e g ­
le c t o n h is p a r t, w h ile h e w a s f ir s t lie u te n a n t, S ix te e n th U n ite d
S t a t e s I n f a n t r y , a n d a c t i n g d i s b u r s i n g o f fic e r a t E c h a g u e , p r o v ­
in c e o f I s a b e l a , L u z o n , P h i l i p p i n e I s l a n d s , a n d whLCh sum h e
h a s s in c e p a id in to th e T r e a s u r y o f th e U n ite d S t a te s in d is ­
c h a r g e o f h i s l i a b i l i t y a s s u c h d i s b u r s i n g o ffic e r.

T&t fr°m and after sixty days from the passage of this act all re­
ad,,uons as t0 sale> incumbrance, or taxation on lands allotted to
6r» V Members of the following tribes of the Quapaw Agency, Okla.,
lntA,rcre!)y removed, except a homestead of 120 acres of each alThe bill was reported to the Senate without amendment, oranH
nlnt in the Quapaw, Peoria, Miami, Eastern Shawnee, Wyandot,
e-ips eaeca reservations and except as to a homestead of 40 acres for '■dered to a third reading, read t h e third time, and p a s s e d .
Thi*. member of the Ottawa tribe on the Ottawa Reservation : P r o v i d e d , |
AM
ENDM
ENT O N
F ATIO
NAL BANKING LAWS.
m . the Secretary of the Interior may, upon application of any adult i
“”5
member of either of said tribes, In his discretion, and he is hereof j M r A L D R I C H . I a s k u n a n i m o u s c o n s e n t f o r t h e p r e s e n t
avon z
.eA whenever he shall be satisfied that any allottee of saJB '
tirnS^ ,s competent and capable of managing his or her affairs at ajy c o n s i d e r a t i o n o f t h e bill ( I I . R . 2 1 8 7 1 ) t o a m e n d t h e n a t i o n a l am't’ t0 cailse t0 he issued to such allottee a patent in fee simple for
Portion of his or herII. ____ .11 i reservedno +A Colo ■ ln/*l
allotment hereby , I- n - from sale, incr*™ • ^ T b e r e b e i n g n o o b j e c t io n , t h e S e n a t e , a s i n C o m m i t t e e o f t h e
urancp
„ .
,
UllPP *
•
_
i
j^a n ce ! or taxation1o f1sa id land covered by’sucl/fee-simple patent a /L il | W h o le , p r o c e e d e d t o c o n s i d e r t h e b i ll , w h i c h h a d b e e n r e p o r t e d
fm ? a
P
f u r t h e r a h a i a n y sale, in c u m b ra w e o r
f
tl)e C i i i i e e o n F alkalix v vvawu a n
fo r.rtraiIo v e a :i 1 r o v i d e d jutuwt, T iiu t niijr e aic, u iiu m u iaun co , v* contract j r o i l l 1116 t uo m m u tite u u u aj i n a n c-e w i t h u u a m e n d m e n t , t o s t r i k e
,o r in c u m b ra n c e m ad e o r e n te re d In to by o r on b e h a lf oil a n y
,,
f lip p n n e t i n " c l a u s e a n d i n s e r t '
Drlnl f*,r any Part of
°
surplus land8 Prl°r t0 ^ u n r y 1, 10p#. or out all after tne enacting Clause anu lu eu
_
U ? r fo the Issuance of such fee-simple patent shall be absolutely1null
That _ _.BP; banking assoc ation which has circulating notes
any national
h
deposit T "U" States bonds to an
'1
rho ™id: P r o v i d e d , That the Secretary of the Interior Is berebf au- *outstanding, secured by the” J T of United !
" “ ------ J
amount of not less than 50 per cent of its capital stock, and which
nnrt „» aa< directed to Issue patents in fee to all religious societies
3
urbanizations, severally, for the lands occupied by them within has a surplus of not less than 20 per cent, may make application to
1
Ea‘d reservations and heretofore reserved to such societies as the Comptroller of the Currency for authority to issue additional cir­
culating notes to be secured by the deposit of bonds other than bonds
'n on approved schedules of allotments.
of the United States. The Comptroller of the Currency shall transO a “ l6U (3nieilt was a g r e e d t o .
'l!®
„ ^
,,
, j mit immediately the application, with his recommendation, to the Sec\T h e n e x t amendment w a s , in section 2, page 2 , a f t e r t h e w o r d r ?
ext
<tary of the Treasury, who shall,
if in his judgmentbusiness con'agency, t o I n s e r t “ e x c e p t m e m b e r s o f t h e M o d o c t r i b e ; " o n | ditions in the locality demand additional circulation, approve the same,







6320

CONGRESSIONAL RECORD— SENATE

and shall determine the time of issue and fix the amount, within the
limitations hereinafter imposed, of the additional circulating notes to
be issued. In order that the distribution of notes to be issued under
the provisions of this act shall be made as equitable as practicable
between the various sections of the country, the Secretary of the Treas­
ury shall not approve applications from associations in any State in
excess of the amount to which such State would be entitled of the ad­
ditional notes herein authorized on the basis of the proportion which
the unimpared capital and surplus of the national banking associations
in such State bears to the total amount of unimpaired capital and sur­
plus of the national banking associations of the United States: P r o ­
v id e d , h o w e v e r , That in case the aplications from associations in any
State shall not be equal to the amount which the associations of such
State would be entitled to under this method of distribution, the Sec­
retary of the Treasury may, in his discretion, to meet an emergency,
assign the amount not thus applied for to any applying association or
associations in States in the same section of the country. Whenever
after receiving notice of such approval any such association shall de­
posit with the Treasurer or any assistant treasurer of the United States
such of the bonds described in section 2 of this act as shall be ap­
proved in character and amount by the Treasurer of the United States
and the Secretary of the Treasury, it shall be entitled to receive, upon
the order of the Comptroller of the Currency, circulating notes in
blank, registered and countersigned as provided by law, equal in amount
to D per cent of the market value, but not in excess of the par value
O
of any bonds so deposited, such market value to be ascertained and
determined under the direction of the Secretary of the Treasury,
such additional circulating notes to be used, held, and treated in the
same way as circulating notes of national banking associations here­
tofore issued and secured by a deposit of United States bonds, and
shall be subject to all the provisions of law affecting such notes: P r o ­
v id e d , That the total amount of circulating notes outstanding of any
national banking association, including notes secured by United States
bonds as now provided by law, and notes secured by other bonds as
provided by this act, shall not at any time exceed the amount of its
unimpaired capital and surplus : A n d p r o v id e d f u r t h e r , That there shall
not be outstanding at any time additional circulating notes issued un­
der the provisions of this act to an amount of more than $500,000,000,
Sbc. 2. That the Treasurer of the United States, with the approval
of the Secretary of the Treasury, shall accept as security for the addi­
tional circulating notes provided for in the preceding section, bonds or
other interest-bearing obligations of any State of the United States,
or any legally authorized bonds issued by any city, town, county, or
other legally constituted municipality or district in the United States
which has been in existence for a period of ten years, and which for
a period of ten years previous to such deposit has not defaulted in the
payment of any part of either principal or interest of any funded debt
authorized to be contracted by it. and whose net funded indebtedness
does not exceed 10 per cent of the valuation of its taxable property,
to be ascertained by the last preceding valuation of property for
the assessment of taxes. The Treasurer of the United States, with
the approval of the Secretary of the Treasury, shall accept, for the
purposes of this act, securities herein enumerated in such proportions
as he may from time to time determine, and he may with such approval
at any time require the deposit of additional securities, or require any
association to change the character of the securities already on deposit.
It shall be the duty of the Secretary of the Treasury to obtain infor­
mation with reference to the value and character of the securities au­
thorized to be accepted under the provisions of this section, and he
shall from time to time furnish information to national banking asso­
ciations as to such bonds as would be acceptable as security under the
provisions of this act.
Sec. 3. That the legal title of all bonds, whether coupon or regis­
tered, deposited to secure circulating notes issued in accordance with
the terms of this act shall be transferred to the Treasurer of the United
States in trust for the association depositing them, under regulations
to be prescribed by the Secretary of the Treasury. A receipt shall be
given to the association by the Treasurer or any assistant treasurer
of the United States, stating that such bond is held in trust for the
association on whose behalf the transfer is made, and as security for
the redemption and payment of any circulating notes that have been
or may be delivered to such association. No assignment or transfer
of any such bond by the Treasurer shall be deemed valid unless counter-■ P.
wr
the Comptroller of the Currency. The provisions of sections
s
5166, 5167, and sections 5224 to 5234, inclusive, of
the Revised Statutes respecting United States bonds deposited to secure
circulating notes shall, except as herein modified, be applicable to all
bonds deposited under the terms of this act.
Sec. 4. That section 5214 of the Revised Statutes, as amended, be
further amended to read as follows:
“ Sec. 5214. National banking associations having on deposit bonds
of the United States, bearing interest at the rate of 2 per cent per
annum, including the bonds issued for the construction of the Panama
Canal, under the provisions of section 8 of ‘An act to provide for the
construction of a canal connecting the waters of the Atlantic and
Pacific oceans,’ approved June 28. 1902, to secure Its circulating note<s,
shall pay to the Treasurer of the United States, in the months of Janu­
ary and July, a tax of one-fourth of 1 per cent each half year upon the
average amount of such of its notes in circulation as are based upon
the deposit of such bonds; and such associations having on deposit
bonds of the United States bearing interest at a rate higher than 2
per cent per annum shall pay a tax of one-half per cent each half year
upon the average amount of such of its notes in circulation as are
based upon the deposit of such bonds. National banking associations
having on deposit bonds to secure their circulating notes other than
bonds of the United States shall pay for the first four months a
monthly tax of one-half of 1 per cent upon the average amount of such
of their notes in circulation as are based upon the deposit of such
bonds, and afterwards a monthly tax of three-quarters of 1 per cent
upon the average amount of said notes in circulation. Every national
banking association having outstanding circulating notes secured by a
deposit of bonds other than bonds of the United States shall make
monthly returns, under oath of its president or cashier, to the Treas­
urer of the United States, in such form as the Treasurer may prescribe,
or the average monthly amount of its notes so secured in circulation,
1he taxes received on circulating notes secured by bonds other than
bonds of the United States shall be paid into the Division of Redemp­
tion of the Treasury and credited to the reserve fund held for the redemption of United States and other notes.”
Sec. 5. That section 9 of the act approved July 12, 1882, as amended
by the act approved M
arch 4, 1907, be further amended to read as
follows:
“ Sec. 9 That any national banking association desiring to withdraw
its circulating notes, secured by deposit of United States bonds in the

Mat 15,

manner provided in section 4 of the act approved June 20, 1874; Is
h e r e b y authorized for that purpose to deposit lawful money with the
Treasurer of the United States and, with the consent of the Comptroller
of the Currency and the approval of the Secretary of the Treasurv, to
withdraw a proportionate amount of bonds held ns security for ita
circulating notes in the order of such deposits: P r o v id e d , That not
more than $9,090,000 of lawful money shall be so deposited during any
calendar mouth for this purpose.
“Any national banking association desiring to withdraw any of its
Circulating notes, secured by the deposit of bonds other than bonds of
the United States, may make such withdrawal at any time in like
manner and effect by the deposit of lawful money or national bank
notes with the Treasurer of the United States, and upon such deposit
a proportionate share of the bonds so deposited may be withdrawn:
t r o t i d e d . That the deposits under this section to retire notes secured
by the deposit of bonds other than bonds of the United States shall
not be covered into the Treasury, as required by section 6 of an act
entitled ‘An act directing the purchase of silver bullion and the issue
?£nhrevS y rl?tF thereon, and for other purposes,’ approved July 14,
F ^
1890, but shall be retained in the Treasury for the purpose of redeem­
ing the notes of the bank making such deposit.”
S e c . 6. That section 5172 of the Revised Statutes be, and the same
Is hereby, amended to read as follows :
“ Sec. 5172. In order to furnish suitable notes for circulation, the
Comptroller of the Currency shall, under the direction of the Secre­
tary of the Treasury, cause plates and dies to be engraved, in the best
manner to guard against counterfeiting, and fraudulent alterations, and
shall have printed therefrom, and numbered, such quantity of circulat­
ing notes, in blank, of the denominations of $5, $10, $20, $50, $100,
$500, $1,000, and $10,000, as may be required to supply the associa­
tions entitled to receive the same. Such notes shall state upon their
face that they will be redeemed by the United States in lawful money
upon presentation at the Treasury. This pledge shall be certified by
the written or engraved signatures of the Treasurer and Register, and
by the imprint of the seal of the Treasury. They shall also express
upon their face the promise of the association receiving the same to
pay on demand, attested by the signature of the president or vicepresident and cashier. The Comptroller of the Currency, acting under
the direction of the Secretary of the Treasury, shall as soon as practi­
cable cause to be prepared circulating notes in blank, registered
and countersigned, as provided by law, to an amount equal to 50 per
cent of the capital stock of each national banking association; such
notes to be deposited in the Treasury or in the subtreasury of the
I nited States nearest the place of business of each association, and
to be held for such association, subject to the order of the Comptroller
of the Currency, for their delivery as provided by law.”
S e c . 7. That circulating notes of national banking associations,
when presented to the Treasury for redemption, ns provided in section
3 of the act approved June 20, 1874, shall be redeemed in lawful money
of the United States.
S e c . 8. That the provisions of section 5101 of the Revised Statutes,
with reference to the reserves of national banking associations, shall
not apply to deposits of public moneys by the United States In desig­
nated depositaries.
9-Jrhat a 1 acts an(1 orders of the Comptroller of the Currency
1
and the Treasurer of the United States authorized by this act shall
have the approval of the Secretary of the Treasury.
S e c . 1 0 . That all national banking associations designated as r e g u ­
lar depositaries of public money shall pay upon all special and addi­
tional deposits made by the Secretary of the Treasury in such deposi­
taries, and all such associations designated as temporary depositaries
of public money shall pay upon all sums of public money deposited in
such associations interest at such rate as the Secretary of the Treas­
ury may prescribe, not less, however, than 1 per cent per annum upon
the average monthly amount of such deposits; P r o v i d e d , h o w e v e r ,
That nothing contained in this act shall be construed to change or
modify the obligation of any association or any of its officers for U
'e
safe keeping of public money: P r o v i d e d fu r t h e r , That the rate of in­
terest charged shall be equal and uniform throughout the United
States.
S e c . 11. That a commission is hereby created, to lie called the ” Na­
tional Monetary Commission,” to be composed of nine members or the
Senate, to be appointed by the Presiding Officer thereof, and nine M ­
em
bers of the House of Representatives, to be appointed by the Speaker
thereof.
S e c . 12. That it shall be the duty of this Commission to inquire
into and report to Congress what changes are necessary or deslrnbie in
the monetary system of the United States or in the laws relating t°
banking, and for this purpose they are authorized to sit during the
sessions or recess of Congress, at such times and places as they may
deem desirable, to send for persons and papers, to administer oaths, to
summons and compel the attendance of witnesses, and to employ such
secretaries, experts, stenographers, messengers, and other assistants
as shall be necessary to carry out the purposes for which said Commis­
sion was created. The Commission shall have the power, through sub­
committee or otherwise, to examine witnesses and to make such inves­
tigations and examinations, in this or other countries, of the subjects
committed to their charge as they shall deem necessary.
Sec. 13. That a sum sufficient to carry out the purposes of sections
II and 12 of this act, and to pay the necessary expenses of the Com­
mission, is hereby appropriated out of any money in the Treasury not
otherwise appropriated.
M r . M c C R E A R Y . M r. P r e s i d e n t , I w i l l a s k i f i t i s p r o p o s e d
t o h a v e a c t i o n t h i s a f t e r n o o n o n t h e a m e n d m e n t w h i c h h a s jt*s t
been re a d ?
M r . A L D R I C H . I t is.
T h e P R E S I D I N G O F F I C E R ( M r . Perkins in the c h a i n T h e b i ll i s b e f o r e t h e S e n a t e a s in C o m m i t te e o f t h e W h ° le *
a n d th e q u e s tio n is o n th e a m e n d m e n t r e p o rte d b y tb e C o m ­
m itte e o n F in a n c e .
h
M r. M c C R E A R Y . I s t h a t a h i ll w h i c h w a s r e p o r t e d f r o m t o e
C o m m i t te e o n F i n a n c e t o - d a y ?
M r. A L D R I C H . I t w a s r e p o r t e d to - d a y .
.
M r. M c C R E A R Y . A n d d o e s t h e S e n a t o r f r o m R h o d e D i a n a
p r o p o s e t o h a v e a c t i o n n o w , w i t h o u t h a v i n g t h e b ill p r i n t e d 0|t
g i v in g u s t i m e t o k n o w w h a t is c o n t a i n e d in t h e a m e n d m e n t ;
M r . A L D R I C H . The a m e n d m e n t i s in p r i n t a n d i t h a s he* |
4
r e a d . The action of the F i n a n c e C o m m i t te e in r e p o r t i n g i vi
b i ll this m o r n i n g was unanimous.

CONGRESSIONAL RECORD— SENATE.

1908.

M r . M c C R E A R Y . I s t h i s a s u b s t i t u t e f o r t h e H o u s e b i ll
w h ic h p a s s e d t h a t b o d y y e s te r d a y ?
M r. A L D R IC H . I t is a s u b s titu te f o r th e H o u s e b ill, a n d i t
is a b s o lu te ly n e c e s s a r y t h a t i t s h o u ld b e p a s s e d p ro m p tly , u n le s s
t h i s s e s s io n i s t o b e p r o l o n g e d .
M r . M c C R E A R Y . I w a s g o in g t o a s k w h y t h i s u n u s u a l h a s t e
in p u s h i n g t h e b i l l t h r o u g h ?
M r. A L D R IC H . I t is d e s ire d to g e t th e b ill p a s s e d so t h a t
i t c a n g o in to c o n fe re n c e to s e e w h e th e r i t is p o s s ib le to s e c u re
a n y a c t i o n a t t h i s s e s s io n o f C o n g r e s s .
M r. C U L B E R S O N .
I s h o u ld lik e to a s k th e S e n a to r fro m
R h o d e I s la n d if i t w a s th e u n d e r s ta n d in g o f th e c o m m itte e t h a t
a c tio n w o u ld b e t a k e n to -d a y ?
M r. A L D R IC H .
I t w a s u n d e r s to o d t h a t a c tio n to -d a y w a s
n e c e s s a r y t o b e t a k e n i f w e w e r e t o A n a lly d i s p o s e o f t h e m a t ­
t e r a t t h i s s e s s io n . T h e s t a t e o f t h e p u b l ic b u s i n e s s i s s u c h
t h a t i t is a b s o lu te ly n e c e s s a ry t h a t p ro m p t a c tio n s h a ll be
ta k e n .
M r. C U L B E R S O N .
W a s i t a s s e n te d to b y th e m in o r ity o f
t h e c o m m i tt e e ?
M r. A L D R IC H . I t w a s a s s e n te d to b y t h e m in o r ity m e m b e rs
o f t h e c o m m i tt e e .
.M r. M O N E Y . I c a n s p e a k f o r t h e m e m b e r s o f t h e m i n o r i t y ,
M r. P r e s i d e n t , i f n e c e s s a r y .
T h is b ill is a s u b s titu te f o r th e
V re e la n d b ill.
I t i s r e a l l y t h e A l d r i c h b ill, w i t h s o m e s l i g h t
A m e n d m e n ts . T h e a c t i o n w a s a s s e n t e d t o b y t h e D e m o c r a t s
on t h e c o m m i tt e e , t h e m i n o r i t y , w h o v o t e d u n a n i m o u s l y t o r e ­
p o r t t h e b i ll t o - d a y a n d a l s o t o a s k f o r p r o m p t a c t i o n , w h i c h i s
N e c e s s a r y in o r d e r t o g e t t h e b i ll i n t o c o n f e r e n c e . I t i s a m a t t e r
t h a t c a n b e c o n s i d e r e d in c o n f e r e n c e .
T h e r e is n o th iu g h e r e
" 'I n c h h a s n o t b e e n p r i n t e d .
, M r. M c C R E A R Y . I s h o u l d l i k e t o a s k t h e S e n a t o r f r o m M is ­
s i s s ip p i a q u e s t i o n . I s i t u n d e r s t o o d t h a t t h e D e m o c r a t s o n t h e
c o m m itte e , t h e m i n o r i t y o f t h e C o m m i t t e e o n F i n a n c e , w e r e in
fa v o r o f t h is b ill?
M r, M O N E Y . T h e m i n o r i t y o f t h e c o m m i t t e e v o t e d in f a v o r
r e p o rtin g i t o u t, a n d I s u p p o s e th e m in o rity o f th e S e n a te —
f k n o w I w ill— w ill v o te to s u b s titu te th e A ld r ic h b ill f o r th e
'f t 'c l a n d b i l l ; a n d t h e n , i f i t c o n ie s t o a v o t e , I s h a l l v o t e
a g a i n s t t h e A l d r i c h b ill o r a n y o t h e r b i ll o f t h e s o r t .
I h e P R E S I D I N G O F F I C E R . T h e q u e s tio n is o n a g r e e in g to
No a m e n d m e n t r e p o r t e d b y t h e C o m m i t t e e o n F i n a n c e .
£ h e a m e n d m e n t w a s a g r e e d to ,
b i il w a s r e i)01' t e d t o t h e S e n a t e a s a m e n d e d , a n d t h e
m e n d m e n t w a s c o n c u r r e d in .
w h i C U L B E R S O N . M r . P r e s i d e n t , I s i m p ly r i s e t o s t a t e t h a t
y ? 1 , 1 r e g a r d th e s o -c a lle d “ A ld r ic h b ill ” a s p r e f e r a b le to th e
0
_ a n<l b ill, a n d I m a k e n o o b j e c t i o n t o t h e s u b s t i t u t i o n , I a m
P P o se d t o t h e p a s s a g e b y t h e S e n a t e o f t h e A l d r i c h b i ll a s
i c iu le d in t h i s r e p o r t f r o m t h e C o m m i t t e e o n F i n a n c e , b e c a u s e
R e g a rd i t a s f a r m o r e o b j e c t i o n a b l e t h a n t h e o r i g i n a l A l d r i c h
i ts e l f .
3 h e P R E S I D I N G O F F I C E R . T h e q u e s t i o n n o w is , S h a l l t h e
“ N ieiid x n e n t b e o r d e r e d t o b e e n g r o s s e d a n d t h e b i l l t o b e r e a d a
f h ir d tim e ?
M r. N E W L A N D S . M r . P r e s i d e n t . I s h o u l d l i k e t o i n q u i r e o f
S e n a to r fro m R h o d e I s la n d w h e th e r a n y a m e n d m e n t p ro P°s<M r e a c h e s t h e question o f t h e r e s e r v e s o f n a t i o n a l b a n k s ?
M r. A L D R I C H .
I t d o e s n o t, M r. P r e s id e n t.
T h is b ill p r o ­
v e s fo r th e a p p o in tm e n t o f a c o m m issio n to t a k e u p a ll q u e so ns p e r ta in in g to b a n k in g ; a n d th e u n d e r s ta n d in g o f th e com U te e i s t h a t t h a t c o m m i s s i o n w i l l t a k e u p t h a t q u e s t i o n a n d
P o rt so m e m e a s u r e r e g u la tin g it in th e s h a p e o f a n a m e n d *Cht to t h e p r e s e n t la w . T h e a c t i o n t o h e t a k e n n o w m e r e ly
■ads t h e b ill t o c o n f e r e n c e .
Uni ' E L A N D S . M r. P r e s i d e n t , a s I u n d e r s t a n d , t h e o r i g ia * A l d r i c h b i ll d i d c o n t a i n a p r o v i s i o n r e g a r d i n g r e s e r v e s ,
b ill ‘ A L D R I C H - T h a t h a s n o t b e e n i n c l u d e d in t h e p r e s e n t
M r. N E W L A N D S .
T h e n I w a n t to a s k th e S e n a to r fro m j
R h o d e I s l a n d w h e t h e r t h e c o n f e r e n c e b e t w e e n t h e S e m it e a n d
H |e H o u s e w o u l d e m b r a c e a n y q u e s t i o n r e g a r d i n g r e s e r v e s , so
t h e c o n f e r e n c e c o m m i tt e e m a y r e p o r t t o b o t h b o d i e s a s u b - j
■ U tiite f o r e i t h e r b ill c o v e r i n g t h e q u e s t i o n o f r e s e r v e s ?
M r. A L D R I C H . I t c e r t a i n l y w o u ld . T h e H o u s e b i ll c o n - j
a p r o v i s i o n r e g u l a t i n g t h e r e s e r v e s o f a l l n a t i o n a l b a n k s ,®Nd i t w ill b e p e r f e c t l y c o m p e t e n t f o r the m a n a g e r s of t h e
i n f e r e n c e to r e p o r t bucIi a p r o v i s i o n if t h e y s h a l l s e e lit to

no go#

M r. C U L B E R S O N . M r . P r e s i d e n t ------.. n ie P R E S I D I N G O F F I C E R . D o e s t h e S e n a t o r f r o m N e v a d a j
to th e S e n a to r fro m T e x a s ?
M r, N E W L A N D S . C e r t a i n l y .
M r. C U L B E R S O N . I w i l l a s k t h e S e n a t o r f r o m R h o d e I s l a n d j
* h e w o u ld n o t r e g a r d t h e a c t i o n o f t h e S e n a t e i n p a s s i n g t h e '
X U I ------ 3 0 0




6321

A l d r i c h b i l l i n t h e m o d iA e d f o r m n o w p r o p o s e d a s a p r a c t i c a l
in s tr u c tio n f ro m th e S e n a te n o t to in s is t u p o n th e r e s e r v e
c l a u s e i n t h e o r i g i n a l b i ll ?
M r. A L D R IC H . T h e c o n fe re e s o n th e p a r t o f th e S e n a te
w o u l d n o t c o n s i d e r t h e m s e l v e s i n s t r u c t e d a t a ll , u n l e s s t h e r e
s h o u ld b e s u c h a n e x p r e s s io n o f o p in io n o n th e p a r t o f th e
S e n a te .
M r. C U L B E R S O N . P ro b a b ly , M r. P r e s id e n t, I o u g h t n o t to
u s e th e w o rd “ i n s t r u c t ,” b u t w o u ld n o t th e S e n a to r a n d th e
o th e r c o n fe re e s o n th e p a r t o f th e S e n a te r e g a r d th is l a s t s u g ­
g e s t i o n a s t h e a u t h o r i t a t i v e e x p r e s s i o n o f t h e S e n a te , w h i c h
d o e s n o t in c lu d e a re s e rv e p ro v is io n ?
M r. A L D R IC H . N o t th e A n al a n d a u th o r ita tiv e a c tio n o f
| th e S e n a te b y a n y m a n n e r o f m e a n s . T h is a c tio n s e n d s th e
i w h o le q u e s tio n to c o n fe re n c e . I th in k th e S e n a te c a n c e r ta in ly
I t r u s t th e c o n fe re e s w h o w ill b e a p p o in te d , a n d th e S e n a te w ill
c e r ta in ly h a v e a n o p p o r tu n ity to a c t u p o n th e m a t t e r l a t e r o n.
M r. N E W L A N D S . M r. P r e s id e n t, I r e g a r d t h e q u e s tio n o f
j t h e r e l a t i o n o f r e s e r v e s t o d e p o s i t s a n d o f c a p i t a l a n d s u r p l u s to
j lo a n s a s o f v e ry m u c h m o re im p o rta n c e t h a n th e c r e a tio n o f a n
I e m e rg e n c y c u rre n c y , a n d I t r u s t t h a t th e c o m m itte e o f c o n fe rj e n e e w ill ta k e u p th e s e tw o q u e s tio n s f u lly a n d e x h a u s tiv e ly ,
j T h e g r e a t d i f f ic u l ty w i t h t h e b a n k i n g s i t u a t i o n o f t h r e e o r f o u r
m o n t h s a g o w a s t h a t t h e b a n k s d i d n o t h a v e o n h a n d a s u A ic ie n t
a m o u n t o f c a s h r e s e r v e s to m e e t th e c h e c k s o f t h e i r d e p o s ito rs .
! T h e d i f f ic u l ty w a s w i t h t h e S t a t e b a n k s , r a t h e r t h a n w i t h t h e
I n a tio n a l b a n k s. T h e s ta tis tic s sh o w th a t, on th e a v e ra g e , th e
n a tio n a l b a n k s h a d a c a s h r e s e rv e o f a b o u t 18 p e r c e n t, w h ils t
t h e S t a te b a n k s o f t h e c o u n tr y h a d o n h a n d a c a s h r e s e r v e .n o t
| e x c e e d i n g 5 p e r c e n t . I t i s u t t e r f o l ly , M r . P r e s i d e n t , i n m y
! ju d g m e n t, to a tt e m p t to i n a u g u r a te a s a f e s y s te m o f b a n k in g
u n le s s w e b r in g th e S ta te b a n k in g s y s te m in to h a r m o n y w ith th e
n a tio n a l b a n k in g s y s te m so f a r a s th e r e q u ir e m e n ts r e g a r d in g
re s e r v e s a n d c a p ita l a r e c o n c e rn e d . I h a v e c o n te n d e d th r o u g h j o u t t h a t i t w a s th e d u ty o f C o n g re s s n o t o n ly to s e e to i t t h a t
i th e n a tio n a l b a n k s k e p t w ith in t h e ir v a u lts a n a d e q u a te p ro | p o r tio n o f th e c a s h r e s e r v e s r e q u ir e d b y la w , b u t t h a t , in th e
i n te r e s t o f i n t e r s t a t e a n d fo re ig n c o m m e rc e , c le a r ly w i t h in t h e
r e g u l a t i o n a n d c o n t r o l o f t h e n a t i o n , w e s h o u l d so l e g i s l a t e a s
to p re v e n t S ta te b a n k s e n g a g e d in in te r s ta te a n d fo re ig n co m ­
m e rc e fro m m a in ta in in g a s y s te m w h ic h n o t o n ly im p e rile d th e
| s a f e ty o f t h e i r b a n k s a s fin a n c ia l in s titu tio n s , b u t im p e rile d
i t h e s a f e t y o f t h e e n t i r e n a t i o n a l b a n k i n g s y s te m o f t h e c o u n t r y ,
| f o r w e m a y p e r f e c t o u r n a tio n a l b a n k in g s y s te m to th e h ig h e s t
; d e g r e e , y e t i f t h e S t a t e b a n k i n g s y s te m b e i n s u f f i c i e n t i n t h e se ! c u r it y o ffe re d to d e p o s ito rs , th e d a n g e r o f th e S ta te b a n k s w ill
a ffe c t t h e n a tio n a l b a n k s , f o r d e p o s ito rs d o n o t d is c r im in a te a s
b e tw e e n t h e m — a p a n i c i s n e v e r lo g ic a l — and^ w h e n d e p o s i t o r s
i n S t a t e b a n k s b e c o m e a l a r m e d , t h e d e p o s i t o r s in n a t i o n a l
b a n k s , h o w e v e r s e c u re th e y m a y be, a ls o b e c o m e a la r m e d .
T h e d if f ic u lty w i t h t h e m e a s u r e t h u s f a r c o n s i d e r e d b y t h e
S e n a t e h a s b e e n t h a t i t s i m p ly p r o v i d e s a n e m e r g e n c y c u r r e n c y
t o m e e t t h e c o n ti n g e n c y o f a p a n i c w h e n t h e p a n i c i s o n a n d
p u b lic a p p r e h e n s io n is a ro u s e d .
O u r a tte n tio n o u g h t to b e
d i r e c t e d t o s o s e c u r i n g d e p o s i t o r s in t h e m a t t e r o f t h e c a p i t a l
o f th e b a n k s a n d in th e m a tte r o f re s e rv e s a s a g a in s t th e ir
d e p o s i t s a s t o m a k e a p a n i c a b s o l u t e l y im p o s s ib le .

N
ATIO AL CLEARIN -H U ASSOCIATIONS.
N
G O SE
M r . P r e s i d e n t , t h e b i ll c o m in g f r o m t h e o t h e r H o u s e a d o p t s
o n e w i s e p r o v i s i o n , w h i c h h a s b e e n t h e e v o lu t i o n o f e x p e r i e n c e ,
a n d t h a t i s t h e l e g a l i z a t i o n o f c le a r i n g - h o u s e a s s o c i a t i o n s a s a
p a r t o f t h e n a t i o n a l - b a n k s y s te m .
T h e s e c le a r i n g - h o u s e a s s o ­
c ia tio n s h a v e th u s f a r been v o lu n ta ry a ss o c ia tio n s c re a te d by
th e b a n k s th e m s e lv e s , p a r tly n a tio n a l a n d p a r tly S ta te . T h e y
h a v e b e e n o r g a n i z e d f o r m u t u a l c o n v e n ie n c e a n d f o r m u t u a l
p r o t e c t i o n . W e h a v e f o u n d t h a t i t is a b s o l u t e l y n e c e s s a r y f o r
th e s e b a n k s to g e t to g e th e r in tim e s o f p a n ic th r o u g h t h e i r
c l e a r i n g - h o u s e a s s o c i a t i o n s , a n d t h u s r e s t o i e p u b l ic c o n f id e n c e
b y g i v in g a i d t o i n d i v i d u a l b a n k s w h o s e f i n a n c i a l s a f e t y w a s
i m p e r i le d . T h e H o u s e b i l l v e r y w is e ly , i t s e e m s t o m e , c r e a t e s
t h e s e a s s o c i a t i o n s , l e g a l iz e s t h e m , a n d m a k e s t h e m t h e i n s t r u ­
m e n ta litie s th ro u g h w h ic h th e e m e rg e n c y c irc u la tio n is d is ­
tr ib u te d .
T h a t p ro v is io n is th e r e s u lt o f a n e x p e rie n c e o f
y e a rs , a n d it h a s b e e n d e m o n s tr a te d t h a t i t is a w is e m e th o d o f
m e e t in g t h e s e g r e a t e m e r g e n c i e s .
T h e S e n a t e C o m m i t te e o n F i n a n c e h a v e a n o p p o r t u n i t y t o
a p p ro v e o f th is p ro v is io n le g a liz in g th e n a tio n a l- b a n k c le a r in g ­
h o u se a s s o c ia tio n s , a n d th e y c a n m a k e s u c h a s s o c ia tio n s th e
a g e n c y f o r s e c u r i n g s a f e t y i n t h e S t a t e h a n k s a s w e l l a s iu
th e n a tio n a l b a n k s.
T h e r e i s n o t a S t a t e b a n k in t h e c o u n t r y t h a t w ill n o t w a n t
t o b e c o m e a m e m b e r o f a n a t i o n a l c le a r i n g - h o u s e a s s o c i a t i o n
if t h a t a s so c ia tio n h a s th e p o w e r o f issu in g e m e rg e n c y m o n ey .
I f i t a p p l i e s f o r a d m i s s io n , t h e n a t i o n , t h e c r e a t o r 'o f t h e s e




6322

CONGRESSIONAL RECORD— SENATE

c le a r i n g - h o u s e a s s o c i a t i o n s , c a n a t t a c h c o n d i t i o n s t o t h e a d m i s ­
s io n , a n d t h o s e c o n d i t i o n s s h o u l d b e t h a t t h e S t a t e b a n k s s h o u l d
k e e p th e s a m e r e s e rv e s in t h e ir v a u lts t h a t a r e r e q u ir e d o f th e
n a tio n a l b a n k s a n d t h a t th e ir c a p ita l sh o u ld h a v e th e s a m e r e ­
la tio n to t h e i r lo a n s a s is re q u ir e d o r s h o u ld b e r e q u ir e d u n d e r
p r o p e r l a w — a n d I h o p e t h e F i n a n c e C o m m i t te e w i l l c o v e r
t h a t — a s is r e q u ir e d o r s h o u ld b e r e q u ir e d o f th e n a tio n a l b a n k s .
S u c h m e a s u r e i s s im p ly p e r s u a s i v e ; i t i s n o t c o e r c iv e o f t h e
S t a t e ; t h o u g h , b e li e v in g a s I d o , i n t h e f u l l p o w e r o f t h e n a t i o n
o v e r i n t e r s t a t e a n d f o r e i g n c o m m e rc e , I w o u l d n o t h e s i t a t e t o
s u p p o r t a b i ll t h a t w o u l d c o m p e l S t a t e b a n k s , in t h e i n t e r e s t
o f i n t e r s t a t e a n d f o r e i g n c o m m e rc e , t o p r o v i d e s u c h s a f e t y
a p p l i a n c e s f o r f in a n c e a s t h e n a t i o n a p p l i e s t o S t a t e r o a d s r e ­
g a rd in g in te r s t a te tr a n s p o r ta tio n . B u t h e r e w e h a v e a n o p p o r­
t u n i t y b y s i m p le p e r s u a s i o n t o i n d u c e S t a t e b a n k s t o c o m p ly
w ith th e n a tio n a l- b a n k r e q u ir e m e n ts a s to r e s e r v e s a n d a s to
c a p ita l.
B u t i t m a y b e s a id t h a t i t w ill n o t do to m a k e th is c h a n g e
s u d d e n l y , b e c a u s e t h e n a t i o n a l b a n k s w i l l t h e n b e c o m p e lle d
e i t h e r t o l a r g e l y i n c r e a s e t h e i r r e s e r v e s o f g o ld a n d o f l a w f u l
m o n e y , o r t h e y w i l l b e c o m p e lle d t o d i m i n i s h t h e i r l o a n s in
o r d e r to b r in g " th e ir lo a n s w ith in t h e le g a l r e q u ir e m e n ts o f th e
p ro v is io n s re g a r d in g t h e i r r e la tio n to re s e rv e s .
I t w o u ld , o f
c o u r s e , b e i m p o s s i b le i n a d a y o r i n a w e e k o r i n a m o n t h o r in
a y e a r to s e c u re to a ll th e b a n k s o f th e c o u n try a n a c tu a l re ­
s e r v e , a n a v e r a g e o f e v e n 2 0 p e r c e n t , f o r , in o r d e r t o s u s t a i n
th e v o lu m e o f b a n k lo a n s w h ic h p r e v a ile d a t th e tim e o f th e
p a n ic , i t w o u l d b e n e c e s s a r y t o h a v e a c a s h r e s e r v e o f a t l e a s t
$ 2 ,(XX),0 0 0 ,0 0 0 i n a l l o f o u r b a n k s , n a t i o n a l a n d S t a t e , w h e r e a s ,
a s a m a t t e r o f f a c t , w e h a d o n ly $ 1 ,0 0 0 ,0 0 0 ,0 0 0 .
B u t th is c h a n g e c a n b e b ro u g h t a b o u t g ra d u a lly , a n d i t c a n
be b ro u g h t a b o u t b y p ro v id in g in t h is la w t h a t th e b a n k s s h a ll
b e c o m p e lle d t o k e e p a c e r t a i n p r o p o r t i o n o f t h e i r c a s h r e s e r v e s
in t h e i r o w n v a u lts — a n in c re a s e d a m o u n t— a n d t h a t th e S ta te
b a n k s t h a t b e co m e m e m b e rs o f th e s e a s s o c ia tio n s s h a ll s im i­
l a r l y c o m p ly w i t h t h a t p r o v i s i o n ; a n d w e s h o u l d p r o v i d e t h a t
i t s h a l l b e g r a d u a l l y b r o u g h t a b o u t , w i t h i n a p e r i o d o f fiv e
y e a rs , u n d e r th e d ire c tio n o f th e C o m p tro lle r o f th e C u rre n c y ,
so t h a t th e b a n k s w ill h a v e a m p le tim e la r g e ly to in c r e a s e t h e i r
re s e r v e s in o r d e r to s u s ta in th e e x is tin g v o lu m e o f b a n k lo a n s
a n d to m e e t t h e r e q u i r e m e n t s o f t h e f u t u r e w i t h r e f e r e n c e to
i n c r e a s e d b a n k lo a n s .

IN R A D U O SILVER
C E SE
SE F
.
M r. P r e s i d e n t , t h e r e i s a n o t h e r q u e s t i o n w h i c h p r e s e n t s i ts e l f ,
a n d t h a t i s t h a t t h o u g h w e m a y g i v e t h e s e b a n k s fiv e y e a r s ,
o r ev en te n y e a rs, to b rin g th e ir re s e rv e s u p to th e re q u ire ­
m e n t s o f t h e la w , t h e y w i l l f in d i t d if f ic u lt t o a c c o m p l i s h i t i f
t h e y a r e c o m p e lle d t o r e s o r t o n ly t o t h e e x i s t i n g s t o c k o f g o ld
o r t h e p r o d u c t i o n o f g o ld in t h e f u t u r e . T h e w o r l d i s s t r u g g l i n g
f o r g o ld t o - d a y in a l m o s t a s g r e a t a d e g r e e a s i t d i d t e n y e a r s
a g o , b e c a u s e a l l t h e a g e n c ie s o f b u s i n e s s a n d o f e n t e r p r i s e h a v e
b e e n m u l t i p l i e d . P r o p e r t i e s h a v e l a r g e l y I n c r e a s e d in q u a n t i t y
a n d v a lu e . S u b j e c t s o f e x c h a n g e s h a v e l a r g e l y i n c r e a s e d in
v a lu e a n d n u m b e r, a n d a g r e a te r n u m b e r o f u n its o f m o n ey is
re q u ir e d b e c a u se o f th e in c re a s in g p o p u la tio n o f th e w o rld a n d
th e in c re a s e d d e m a n d s o f b u s in e s s .
I t w o u ld b e w i s e t h e r e f o r e t o p r o v i d e t h a t t h e n a t i o n a l b a n k s
s h o u l d u t i l i z e s o m e th i n g e ls e t h a n g o ld i n t h i s e n d e a v o r t o i n ­
c re a se th e ir re s e rv e s to a n a m o u n t n e c e ssa ry to th e ir se c u rity
a n d t h e i r s a f e t y . T o - d a y w e h a v e o n ly o n e b i ll i o n a n d a h a l f
o f g o ld in t h e e n t i r e c o u n t r y , a n d o n e b i ll i o n o f t h a t i s i n t h e
b a n k s . I n o r d e r to s u s ta in th e e x is tin g v o lu m e o f b a n k lo a n s ,
t h e b a n k s o u g h t t o h a v e $ 2 ,0 0 0 ,0 0 0 ,0 0 0 o f g o ld i n t h e i r v a u l t s .
A t a l l e v e n t s , w e c a n g r a d u a l l y d r a w t h e e x t r a h a l f b ill i o n
o f g o ld f r o m t h e p o c k e t s o f t h e p e o p le , w h e r e i t i s u s e d a s c u r ­
r e n t m o n ey o f e x c h a n g e , in to th e re s e rv e s o f th e b a n k s , w h e re
i t w ill s ta n d a s th e b a s is o f b a n k lo a n s . T h a t w e c a n a c c o m ­
p lis h . H o w ? B y s im p ly a u th o r iz in g th e b a n k s to t a k e s ilv e r
b u l li o n t o t h e T r e a s u r y a n d r e c e iv e i n r e t u r n f o r i t l i m i t e d - t e n ­
d e r n o t e s f o r a n a m o u n t n o t e x c e e d i n g $ 5 0 , a n d t h e s e l im i te d t e n d e r n o t e s w h e n s u b s t i t u t e d f o r t h e g o ld t h a t i s n o w i n t h e
p o c k e t s o f t h e p e o p le a n d in t h e t i l l s o f s h o p s a n d b u s i n e s s
h o u s e s o f th e c o u n try w o u ld s e rv e j u s t a s u s e f u l a p u rp o s e a s
m o n e y o f m e r e e x c h a n g e i n o r d i n a r y t r a n s a c t i o n s in l i f e w h e r e
m o n e y a c t u a l l y p a s s e s f r o m m a n t o m a n a s g o ld i t s e l f . A n d
t h u s g r a d u a l l y t h e b a n k s c a n d r a w i n t o t h e i r r e s e r v e s $ 5 0 0 ,0 0 0 ,0 0 0 o f g o ld , n o w a m o n g s t t h e p e o p le , a n d u s e d a s t h e c o m ­
m o n m o n e y o f e x c h a n g e , a n d m a k e i t th e b a s is o f b a n k lo a n s .
F i v e h u n d r e d m il l i o n s m o r e o f g o ld t a k e n o u t o f t h e p o c k e t s
o f t h e p e o p le a n d o u t o f t h e t i l l s o f t h e c o m m e r c i a l h o u s e s o f
t h e c o u n t r y a n d p u t in t h e b a n k s w i l l h a v e a n e ffic ie n c y in e x ­
c h a n g e o f fiv e t i m e s t h a t a m o u n t , b e c a u s e f o r e v e r y d o l l a r o f
g o ld t h e b a n k s c a n i s s u e fiv e d o l l a r s o f c r e d i t , t h o s e c r e d i t s
b e in g m a d e e ffic ie n t, b e in g w r i t t e n u p o n t h e b o o k s o f t h e b a n k s
a n d c h e c k e d a g a in s t b y th e n e w d e p o s ito rs .

May 15,

TH R U H O G LEG
O O G G IN
ISLATIO N E S.
N ED
M r. P r e s i d e n t , t h e t r e a t m e n t o f t h i s q u e s t i o n b y t h e F i n a n c e
C o m m i t te e h a s b e e n s i m p ly s k in - d e e p . T h e y h a v e n e v e r r e a c h e d
th e r e a l q u e s tio n . I t is p a llia tiv e tr e a tm e n t. I t is n o t a r a d ic a l
c u re . T h e r e is b u t o n e w a y o f m a k in g th e s e b a n k s s a fe , a n d
t h a t is to p ro v id e f o r a n a v e ra g e re s e rv e o f a ll th e b a n k s , n a ­
t i o n a l a n d S t a t e , o f a t l e a s t 2 0 p e r c e n t, b u t p r o v i d in g f o r i t
g r a d u a l l y a n d w i t h o u t w r e n c h i n g to o s e r i o u s l y e x i s t i n g c o n d i ­
t i o n s o f f in a n c e .
T h e b a n k i n g s y s t e m c a n n e v e r b e s a f e u n t i l b y la w t h e r e l a ­
tio n o f c a p ita l a n d lo a n s is e s ta b lis h e d so t h a t th e r e c a u n o t
e x i s t s u c h a c o n d it i o n o f t h i n g s t h a t a b a n k w i t h $ 1 ,0 0 0 ,0 0 0 o f
c a p i t a l c a n a c c e p t $ 5 0 ,0 0 0 ,0 0 0 o f d e p o s i t s a n d l o a n t h e $ 5 0 ,0 0 0 ,0 0 0 —a l m o s t t h e e n t i r e m o n e y — t o c u s t o m e r s , t h e s e c u r i t y i n
c a p i t a l t h u s b e in g o n ly 2 p e r c e n t .
T h e S e n a t o r f r o m R h o d e I s l a n d , in a n s w e r t o a n i n t e r r o g a t o r y
t h a t I p u t to h im w h e n th e q u e s tio n w a s l a s t b e fo re th e S e n ­
a t e , s a i d t h a t t h e o ld S t a t e b a n k s r e g a r d e d t h e s a f e r e l a t i o n o f
c a p ita l to lo a n s a s o n e to tw o a n d a h a lf . T h e re s h o u ld b e a
p r o v i s i o n o f l a w t h a t n o b a n k s h o u l d b e p e r m i t t e d t o lo a n i t s
d e p o s i t o r s ’ m o n e y to a n a m o u n t m o r e t h a n fiv e t im e s e x c e e d i n g
its c a p ita l a n d s u r p lu s . W h e n e v e r i t re a c h e s t h a t p o in t, it
s h o u l d c e a s e lo a n i n g , a n d i t m u s t k e e p i t s d e p o s i t o r s ’ m o n e y i n
i ts v a u lts , w h e r e i t w ill b e re s p o n s iv e to t h e i r d e m a n d s . I f
y o u p ro v id e t h a t th e b a n k s s h a ll h a v e a n a v e ra g e re s e rv e o f
20 p e r c e n t in la w fu l m o n ey a n d a c a p ita l o f a t le a s t 20 p e r
c e n t o f t h e i r p e r m itte d lo a n s , th e n y o u h a v e , in a d d itio n to th e
s e c u r i t i e s i n w h i c h t h e d e p o s i t o r s ’ m o n e y i s i n v e s te d , t h e a c t u a l
c a s h re s e rv e o n h a n d s u b je c t to th e ir ch eck , a n d y o u h a v e an
a d d itio n a l s e c u rity o f 20 p e r c e n t in th e sh a p e o f b a n k c a p ita l
a n d s u rp lu s . T h u s th e d e p o s ito r h a s a s e c u rity o f 4 0 p e r c e n t
i u a d d i t i o n t o t h e s e c u r i t y i n w h i c h h i s m o n e y i s in v e s te d *
W h e n e v e r y o u o r g a n i z e a b a n k i n g s y s t e m o f t h i s k in d , i t w ill
s i m p ly f o l lo w t h e r u l e s o f s a f e f i n a n c in g a u d s a f e b a u k in g
th r o u g h o u t th e w o rld , r u le s w h ic h u n til re c e n t y e a r s p re ­
v a i l e d i n t h i s c o u n t r y a n d i n t h e s a f e s t S t a t e s in t h e U n io n ,
a n d n o t a b l y i n N e w Y o r k S t a t e . U n t i l y o u d o t h a t , y o u w ill
n e v e r h a v e a s a f e s y s t e m o f b a n k in g , h o w e v e r y o u m a y i n c r e a s e
t h i s p a n i c m o n e y , t h i s e m e r g e n c y m o n e y , t h a t i s i n t e n d e d s im ­
p ly t o r e li e v e , a f t e r a n u n n e c e s s a r y p a n i c h a s b e e n c r e a t e d , t h e
a p p re h e n s io n o f d e p o s ito rs a s to t h e i r s e c u rity . S u c h a p p r e ­
h e n s io n s h o u ld b e g u a r d e d a g a in s t n o t b y G o v e rn m e n t g u a r ­
a n t y o f d e p o s i ts , b u t b y c o m p e l li n g t h e b a u k s to h a v e s u f f ic ie n t
c a p i t a l a n d s u f f ic ie n t r e s e r v e s t o g iv e t h e d e p o s i t o r s a b s o l u t e
s e c u r i t y , s o t h a t t h e i r a p p r e h e n s i o n s a n d f e a r s w i l l n o t bn
a ro u se d .
I h o p e t h e F i n a n c e C o m m i t te e w i l l t a k e u n d e r c o n s i d e r a ­
t io n , w h e n t h i s m a t t e r g o e s i n t o c o n f e r e n c e , c e r t a i n r e s o l u t i o n s
w h ic h I h a v e p r e s e n te d to -d a y a n d w h ic h I in te n d e d to p r e s e ^ j
a s i n s t r u c t i o n s t o t h e F i n a n c e C o m m i t te e i n r e p o r t i n g t h i s m i
to th e S e n a te . I t w a s m y p u rp o s e to c o v e r th e s e q u e s tio n s a n
t o h a v e a v o t e o f t h e S e n a t e , i f p o s s ib le , i n s t r u c t i n g t h e Finance
C o m m i t te e t o s h a p e t h e s e a m e n d m e n t s w h i c h I h a v e s u g g e s t
a n d to p r e s e n t th e m to th e S e n a te f o r i ts a c tio n u p o n i
H o u s e b ill.
S o f a r a s I a m c o n c e r n e d , I w o u l d r a t h e r b u i ld m
o n th e H o u s e b ill w ith i ts c le a rin g -h o u s e p ro v is io n s th a n
w o u l d o n t h e S e n a t e b i ll .
f
I a s k t h a t t h e r e s o l u t i o n p r e v i o u s l y s u b m i t t e d b y m e to-d* J
e a p p e n d e d to m y re m a rk s .
T h e re s o lu tio n is a s f o llo w s :
R e s o l v e d , T h a t the Finance Committee he instructed to report am^L.
aents to House bill No. 21871, amending the banking act, as
“ First. An amendment providing that three-fourths of the
,be
n reserve city and country banks shall be kept In tlielr vaults,
hange to be made gradually within a period of five years unaer
irection of the Comptroller of the Currency.
0f
“ Second. An amendment providing that no bank shall make
nnd
ts depositors' money to an amount exceeding live times Its capm ‘ r3
**
urplus, the change to be made gradually within a period of
m the direction of the Comptroller of the Currency.
efer
to be•»Third. An amendment permitting State commercial banks «
•
ome members of national clearing-house associations, proviueu J
r
ubmit to the regulations of the national-bank act regard n- l!l0
apital and reserves and subject themselves to examination uno
lational-bank act
/.lAarinf“Fourth. An amendment providing a method by * k,c“ n 0f the
c
louse associations may avail themselves, under the directio
lecretary of the Treasury, of the use of additional slUcr , tjtuting
egal tender for debts not exceeding $50. with a view to
‘tt.!1
(ler
uch silver or the certificates representing It for fu‘‘ dle|®tsuie
aoney, gold or United States notes, now In circulation and oire ap
tank reserves, In order to Increase the amount of ,sold and ful\ ^
ender notes in such reserves as a basis for bank credits, me
sent to limit the amount of such issue of silver.
rlearffiS;
“ Fifth. An amendment providing that the P«fidents
gfiaii ^ \ e c t
io sg associations shall meet annually In * ash "S1
u
™
, he cJnJted
line commissioners, one from each of t h e ^
ns members " *
1
Gates, who shall represent them at
S j
'b5

CONGRESSIONAL RECORD— SENATE.

1908

dent, to the Secretary of the Treasury, and to Congress; and such
commission to be charged with the duty of considering and recom­
mending changes In the banking act and methods for promoting and
improving interstate and International exchange.’'
M r. B A C O N . I d e s ire to m a k e a n in q u ir y o f th e S e n a to r
f r o m R h o d e I s l a n d . I f I u n d e r s t a n d h i m c o r r e c t l y , t h e r e i s in
th e s u b s titu te r e p o rte d b y th e c o m m itte e a p r o v is io n f o r t h e a p ­
p o in tm e n t o f a c o m m is s io n .
M r. A L D R IC H . A c o m m is s io n o f n in e S e n a to r s a n d n in e
M e m b ers o f th e H o u se.
M r. B A C O N . T h a t is th e p o in t. T h e c o m m is s io n is lim ite d
to m e m b e rs o f th e S e n a te a n d o f t h e H o u s e .
M r. A L D R IC H . M e m b e rs o f th e S e n a te a n d o f th e H o u s e .
T h e a m e n d m e n t w a s o r d e r e d to b e e n g ro s s e d a n d th e b ill to
b e r e a d a t h i r d tim e .
M r . G O R E . M r . P r e s i d e n t ------M r . B A I L E Y . T h e S e n a t o r f r o m T e n n e s s e e [ M r . Taylor]
d e s ire s to a d d r e s s th e S e n a te o n t h is q u e s tio n ; b u t I ta k e i t
t h e c h a ir m a n o f th e c o m m itte e in c h a r g e o f th e b ill w ill a ffo rd
t h a t o p p o r t u n i t y w h e n t h e b i ll c o m e s b a c k o n t h e c o n f e r e n c e
re p o rt.
M r. A L D R I C H . U n d o u b te d ly .
M r. B A IL E Y . W ith t h a t u n d e r s ta n d in g , I a m r e a d y f o r t h e
v o te .
M r. G O R E . A r e a m e n d m e n ts to t h e b ill in o r d e r ?
M r. A L D R IC H . T h e q u e s tio n is o n t h e t h i r d r e a d in g o f t h e
b i ll . T h e a m e n d m e n t s h a v e b e e n a g r e e d to , I t h i n k . T h e b i l l
h a s p a s s e d th e s ta g e o f a m e n d m e n t.
T h e V I C E - P R E S I D E N T . T h e b ill h a s p a s s e d b e y o n d th e
P o in t w h e r e a m e n d m e n ts a r e in o rd e r.
M r. G O R E . W ill i t r e a c h t h a t p o in t a g a in ?
M r. A L D R I C H . N o t n o w .
M r. G O R E .
I a s k u n a n i m o u s c o n s e n t ------M r. A L D R IC H . I d o n o t t h i n k t h a t c a n b e d o n e .
M r. G O R E . I a s k u n a n im o u s c o n s e n t to p r e s e n t a n a m e n d ­
m e n t.
T h e V IC E -P R E S ID E N T . T h e S e n a to r fro m
u n a n im o u s c o n s e n t to p r e s e n t a n a m e n d m e n t.
tio n ?

is.

M r. A L D R IC H .

O k la h o m a a s k s
I s t h e r e o b je c ­

I s h o u ld lik e to k n o w w h a t th e a m e n d m e n t

M r. G O R E . I w i l l s t a t e t h a t i t i s t h e b o d y o f t h e b i l l ( S .
to e s ta b lis h a s y s te m o f p o s ta l s a v in g s b a n k s , a n d f o r
o th e r p u rp o se s, in tro d u c e d b y th e S e n a to r fro m P e n n s y lv a n ia
IM r. K n o x ] .
^ tr- A L D R I C H . I s h a ll h a v e to o b je c t to t h a t ,
t h e b i ll w a s r e a d t h e t h i r d t im e .
.e y I C E - P R E S I D E N T . T h e q u e s t i o n Is, S h a l l t h e b i l l p a s s ?
C U L B E R S O N . O n t h e q u e s t i o n o f t h e p a s s a g e o f t h e b i ll
r e p o rte d fro m th e C o m m itte e o n F in a n c e I a s k f o r t h e y e a s
a n d n ay s.
\

t

a

T he y e a s a n d n a y s w e re o rd e re d , a n d th e S e c re ta ry p ro ­
v e d t o c a l l t h e r o l l.
In. r ' P I L E S ( w h e n M r. Ankeny’s n a m e w a s c a l l e d ) . M y c o lis t i l a n d Is u n a b l e t o b e p r e s e n t .
M r. p E P E W ( w h e n h is n a m e w a s c a l l e d ) . I h a v e a g e n e r a l
Pan* w i t h t h e S e n a t o r f r o m L o u i s i a n a [ M r . McE nery], I t r a n s e r t h e p a i r t o t h e S e n a t o r f r o m N e w J e r s e y [ M r . B riggs]
a n d v o te . I v o t e “ y e a . ”
A r * D IL L IN G H A M (w h e n h is n a m e w a s c a lle d ). I h a v e a
’I
g e n e ra l p a i r w i t h t h e s e n io r S e n a to r f r o m S o u th C a r o lin a [M r.
t r L r^ AN] ’ w h 0 is n e c e s s a r ily d e ta in e d fro m th e C h a m b e r.
I
ansfer i t to t h e S e n a t o r f r o m W a s h i n g t o n [ M r . Ankeny] and
v o t e ' I v o te “ y e a .”
• F O S T E R (w h e n h is n a m e w a s c a lle d ). I h a v e a g e n e ra l
w ith th e s e n io r S e n a to r fro m N o r th D a k o ta [M r, M cC u m Jn
, I u h i s a b s e n c e I w i t h h o l d m y v o te . I f h e w e r e p r e s e n t I
s n o m a v o te “ n a y .”

a s i t h a s b e e n r e c o rd e d , b u t, o w in g to t h e a b s e n c e o f t h e S e n ­
a to r , I w ith d r a w it.
M r. B A C O N . M y c o lle a g u e [M r. C l a y ] is a b s e n t f r o m th e
C h a m b e r , s e r v i n g u p o n a c o n f e r e n c e c o m m i tt e e . H e i s p a i r e d
w i t h t h e s e n i o r S e n a t o r f r o m M a s s a c h u s e t t s [M r . L odge ] .
W e r e h e p r e s e n t a n d a t l i b e r t y t o v o t e m y c o ll e a g u e w o u l d v o t e
“ n a y .”
I d e s ire f u r th e r m o r e to a n n o u n c e b y r e q u e s t t h a t th e s e n io r
S e n a t o r f r o m F l o r i d a [ M r . Taliaferro] i s n e c e s s a r i l y a b s e n t
fro m th e C h a m b e r, a n d is p a ir e d w ith th e S e n a to r fro m W e s t
V i r g i n i a [ M r . Scott]. I f t h e S e n a t o r f r o m F l o r i d a w e r e p r e s ­
e n t a n d a t lib e r ty to v o te h e w o u ld v o te “ n a y .”
M r. A L D R IC H . I w ill s ta te , o n th e a u th o r ity o f th e S e n a to r
f ro m F lo r id a , t h a t i f h e w e re p r e s e n t h e w o u ld v o te “ y e a .”
T h a t i s t h e w a y h e i n f o r m e d m e t h i s m o r n in g . H o w e v e r , i t
w ill m a k e n o d iffe re n c e in t h e r e s u lt.
M r. B A C O N . N o t a t a ll, b u t I w is h to s ta te to t h e S e n a to r
th e g r o u n d u p o n w h ic h I m a d e th e a n n o u n c e m e n t.
T h e S e n a to r fro m F lo r id a , w h e n h e le f t th e C h a m b e r, a s k e d
m e t o m a k e t h e a n n o u n c e m e n t , a n d w h i l e n o t s p e c if i c a l ly m e n ­
t i o n i n g t h e b i ll , h e d i d p u t h i m s e l f i n a p o s i t i o n w h e r e I w a s
a u th o r iz e d h e r e to m a k e th e a n n o u n c e m e n t I d id . I w a s in ­
f o r m e d b y o n e o f h i s c o ll e a g u e s o n t h e F i n a n c e C o m m i t t e e t h a t
i f p r e s e n t h e w o u ld v o te “ n a y .” B u t iu v ie w o f th e s t a te m e n t
m a d e b y th e S e n a to r fro m R h o d e I s la n d , I fe e l so m e d e lic a c y
about i t
M r. A L D R IC H . T h e S e n a to r f ro m F lo r id a h im s e lf is m y
a u th o r ity fo r th e s ta te m e n t I m ad e .
M r . B A C O N . V e r y w e ll.
M r. B A IL E Y . I s u g g e s t, a lth o u g h I h a v e h a d n o c o n fe re n c e
w ith th e S e n a to r f r o m F lo r id a , t h a t b e tw e e n t h i s m e a s u r e a n d
t h e H o u s e b i l l t h e S e n a t o r f r o m F l o r i d a w o u l d f a v o r t h i s b i ll
M r. B A C O N . Y es.
M r. B A IL E Y . A ll th e D e m o c r a ts o n th e c o m m itte e d id th a t .
B u t a s to th e b ill its e lf I im a g in e t h e S e n a to r f r o m G e o rg ia is
r i g h t a b o u t th e p o s itio n o f t h e S e n a to r f r o m F lo r id a .
M r. M O N E Y . I w is h to m a k e o n e w o rd o f e x p la n a tio n , a s
p e rh a p s I a m re sp o n sib le f o r th e s itu a tio n . I u n d e rs to o d t h a t
t h e S e n a t o r f r o m F l o r i d a h a d v o t e d f o r t h e A l d r i c h b i ll , b u t
t h a t h e w o u ld v o te a g a i n s t th e w h o le b u s in e s s . I m u s t h a v e
m a d e a m is ta k e . I a m q u ite s u r e th e c h a ir m a n o f th e c o m m it­
te e h a s a b e tte r u n d e rs ta n d in g o f it th a n I h a v e.
M r. B A C O N . H is v o te is n o t r e c o r d e d in a n y e v e n t, a n d I
w ill s im p ly c h a n g e t h e a n n o u n c e m e n t to th e e x te n t o f s a y in g
h e is p a ir e d .
I d e s i r e t h a t t h e c o ll o q u y s h a l l s t a n d j u s t a s i t
h a s b een u tte re d h e re .
M r. B O R A H . I h a v e b e e n r e q u e s t e d t o a n n o u n c e t h a t t h e
S e n a t o r f r o m W i s c o n s i n [ M r . L a F o l l e t t e ] i s ill, a n d t h e r e f o r e
is a b s e n t f ro m th e C h a m b e r. H e w o u ld v o te “ n a y ,” i f p re s e n t.
M r. N E L S O N . I d e s ir e to s t a t e t h a t t b e j u n i o r S e n a to r f r o m
S o u t h D a k o t a [ M r . K it t b e d g e ] is u n a v o i d a b l y a b s e n t
W e re h e
p r e s e n t h e w o u ld v o te “ y e a .”
T h e r e s u lt w a s a n n o u n c e d — y e a s 47, n a y s 20, a s f o llo w s :

Aldrich
Allison
Beveridge
Brandegee
Bulkeley
Burkett
Burnham
Burrows
Carter
Clapp
Crane
CuJlom

h .

n . r - P U L T O N (w h e n h is n a m e w a s c a lle d ). I h a v e a g e n e ra l
w i t h t h e j u n i o r S e n a t o r f r o m A r k a n s a s [ M r . Davis]. I
a n s f e r i t to t h e S e n a t o r f r o m O h io [ M r . F P r a k e b ] a n d w i l l
I? ’ 1 v o te “ y e a .”
J * I r - C U L B E R S O N ( w h e n Mr. Milton’ name was called).
s
S e n a t o r f r o m F l o r i d a [ M r . Milton] i s p a i r e d w i t h t h e
a e h a t o r f r o m N e w Y o r k [ M r . Platt].
T h e ro ll c a ll w a s c o n c lu d e d .
M r. D I C K .
I d e s i r e to a n n o u n c e t h e u n a v o i d a b l e a b s e n c e
m y c o ll e a g u e [ M r . F o r a k e r ] . I f b e w e r e h e r e h e w o u l d v o te
y e a .”
^ Ir. B A IL E Y ( a f t e r h a v in g v o te d in th e n e g a tiv e ) .
I have
'M e d , b u t I d e s i r e t o inquire w h e t h e r t h e S e n a t o r f r o m W e s t
mgiuia [ M r . Elkins] is r e c o r d e d .
T h e V IC E -P R E S ID E N T .
H e is n o t re c o rd e d .
a f r. B A IL E Y . I h a v e a g e n e r a l p a i r w ith t h a t S e n a to r , a n d
J4 h i s a b s e n c e I t h i n k I o u g h t t o w i t h d r a w m y v o t e . I v o t e d
n
n a y , " a u d i f m y v o t e c o u ld s t a u d , o f c o u r s e I w o u l d l e a v e I t




6323

Bacon
Bankhead
Borah
Bourne
Brown
Ankeny
Bailey
Briggs
Clark, Wyo.
Clay
Davis
du Pont

YEAS—47.
Guggenheim
Hale
Hemenway
Hopkins
Johnston
Kean
Knox
Long
Nelson
Nixon
Owen
Penrose
NAYS—20.
Clarke, Ark.
Heyburn
McCreary
Culberson
McLaurin
Frazier
Gary
Money
Newlands
Gore
NOT VOTING—25.
M
cCumber
Elkins
McEnery
Foraker
Martin
Foster
Milton
Hansbrough
Platt
Kittredgc
Scott
La Foiiette
Smoot
Lodge
Curtis
Daniel
Depew
Dick
Dillingham
Dixon
Dolliver
Flint
Frye
Fulton
Gallinger
Gamble

Perkins
Piles
Richardson
Smith, Mich,
Stephenson
Stewart
Sutherland
Teller
Warner
W
arren
Wetmore
Overman
Paynter
Rayner
Simmons
Smith,Md.
Stone
Taliaferro
Taylor
Tillman

S o t h e b i ll w a s p a s s e d .
M r. A L D R I C H . I m o v e t h a t t h e S e n a t e i n s i s t u p o n i t s
a m e n d m e n t, a n d a s k f o r a c o n fe re n c e w ith th e H o u s e o f R e p re ­
s e n ta tiv e s on th e d is a g r e e in g v o te s o f th e tw o H o u s e s th e re o n ,
a n d t h e c o n f e r e e s o n t h e p a r t o f t h e S e n a te , t o c o n s i s t o f fiv e
S e n a to r s , b e a p p o in te d b y th e C h a ir.
T h e m o ti o n w a s a g r e e d to .
T h e V IC E -P R E S ID E N T a p p o in te d a s th e c o n fe re e s o n t h e
p a r t o f t h e S e n a t e M r . Aldrich, M r . Allison, M r . H ale M r
D aniel, a n d M r . Teller.
’




6324

CONGRESSIONAL RECORD— SENATE.

M r. B A C O N . A s t h e r e w a s n o r e c o r d v o t e o n t h e q u e s t io n o f
s u b s t i t u t i o n , I d e s i r e t o s a y f o r m y s e l f t h a t a s b e tw e e n t h e
H o u s e b ill a n d t h e s u b s titu te I v e ry m u c h p r e f e r th e s u b s titu te ,
a lth o u g h I v o te d a g a in s t i t w h e n i t h a d b e co m e th e s u b s titu te .
I w a n t to s ta te t h a t b e c a u se I th o u g h t so f a r a s I w a s c o n ­
c e r n e d — a n d I b e li e v e m a n y o t h e r s h e r e a r e o f t h e s a m e v i e w —
th e c o n fe re e s s h o u ld n o t go b e fo re th e c o u n try a n d in to co n ­
f e r e n c e w i t h t h e a s s u m e d o p p o s i t io n o n t h e p a r t o f a l a r g e
n u m b e r o f th o s e o f u s w h o v o te d a g a in s t th e p a s s a g e o f th e
b i ll . B e tw e e n t h e t w o , w e f a v o r t h e s u b s t i t u t e .
M r. H E Y B T J R N .
I d e s i r e i t t o a p p e a r i n t h e R ecord t h a t I
d id n o t v o te a g a in s t th e s u b s titu te o f th e A ld ric h b ill b e c a u s e I
w a s i n fa v o r o f t h e b i ll a s i t c a m e f r o m t h e H o u s e . I w o u l d
v o te a g a in s t b o th o f th e m .
M r . M O N E Y . I s h o u l d l ik e t o h a v e o n e t h i n g g o o n t h e
r e c o r d a ls o . I b e li e v e e v e r y D e m o c r a t v o t e d f o r t h e s u b s t i ­
t u t e — t h e A l d r i c h b i ll .
CHARLES H. DICKSON.

T h e V I C E - P R E S I D E N T . T h e S e c r e ta r y w ill r e p o r t th e n e s t
c a s e on th e C a le n d a r u n d e r R u le V I I I .
T h e b i ll ( S . 6 6 6 5 ) f o r t h e r e l i e f o f C h a r l e s H . D i c k s o n w a s
a n n o u n c e d a s t h e n e x t b u s in e s s in o r d e r o n th e C a le n d a r ; a n d
t h e S e n a t e , a s i n C o m m i t te e o f t h e W h o le , p r o c e e d e d t o i t s
c o n s i d e r a t i o n . I t p r o p o s e s t o p a y t o C h a r l e s H . D i c k s o n $ 2 5 6 .7 2 ,
t o r e i m b u r s e h i m f o r m o n e y t a k e n b y b u r g l a r s f r o m t h e s a f e in
t h e o ffice o f t h e F o r t L a p w a i I n d i a n S c h o o l, in I d a h o .
T h e b i ll w a s r e p o r t e d t o t h e S e n a t e w i t h o u t a m e n d m e n t , o r ­
d e r e d t o b e e n g r o s s e d f o r a t h i r d r e a d i n g , r e a d t h e t h i r d t im e ,
a n d p assed .
WILLIAM H. ATKINS.

T h e b i ll ( S . 6 5 4 4 ) t o r e m o v e t h e c h a r g e o f d e s e r t i o n f r o m t h e
r e c o r d o f W i l l i a m H . A t k i n s w a s c o n s i d e r e d a s i n C o m m i t te e
o f t h e TV h o le . I t d i r e c t s t h e S e c r e t a r y o f t h e N a v y t o r e m o v e
th e c h a rg e o f d e s e rtio n fro m th e re c o rd o f W illia m H . A tk in s ,
w h o s e r v e d o n t h e U . S . S. Princeton a n d Powhatan, a n d t o i s ­
s u e to h im a n h o n o r a b le d is c h a rg e .
M r. K E A N . O u g h t n o t t h e b ill to b e a m e n d e d so a s to p ro ­
v id e t h a t n o p a y , b o u n t y , o r o t h e r a l l o w a n c e s h a l l a c c r u e ?
M r. B A C O N . I s t h e r e a r e p o r t a c c o m p a n y in g th e b ill?
T h e V I C E - P R E S I D E N T . T h e r e i s a r e p o r t a c c o m p a n y i n g i t.
M r. C U L B E R S O N . I w ill re lie v e th e s itu a tio n b y o b je c tin g
t o t h e f u r t h e r c o n s i d e r a t i o n o f t h e b ill.
M r. F R Y E . I h o p e t h e S e n a t o r w i l l n o t d o t h a t . T h i s is
t h e o n l y b i ll I h a v e l e f t o n t h e C a l e n d a r , a n d t h e c h a i r m a n ____ M r. C U L B E R S O N . M r. P re s id e n t, I s u r r e n d e r .
M r. B A C O N . I s im p ly a s k t h a t th e r e p o r t be r e a d . I s u p ­
p o se t h e S e n a to r w ill n o t o b je c t to th a t .
M r . F R Y E . T h e c h a i r m a n t o l d m e i t Is t h e m o s t m e r i t o r i o u s
b i ll o f t h i s k i n d t h a t w a s b e f o r e t h e c o m m i tt e e .
M r. C U L B E R S O N . W h a t a tt r a c t e d m y a tte n tio n a n d o b ­
s e rv a tio n w a s t h a t th e m a n is c h a rg e d w ith d e s e rtio n , a n d I do
n o t l i k e a c h a r g e ------M r. F R Y E . B u t h e im m e d ia te ly re e n lis te d a n d s e rv e d
th ro u g h th e e n tir e w a r.
M r. B A C O N . V e ry w e ll; I d o n o t in s is t o n h a v in g th e r e p o rt
read .
T h e b i ll w a s r e p o r t e d t o t h e S e n a t e w i t h o u t a m e n d m e n t , o r ­
d e re d to b e e n g ro s s e d f o r a t h ir d re a d in g , r e a d th e t h ir d tim e
a n d passed.
JOHN SHAUGHNESSY.

T h e b i ll ( H . R . 5 2 9 7 ) t o c o m p l e te t h e n a v a l r e c o r d o f J o h n
S h a u g h n e s s y w a s c o n s i d e r e d a s i n C o m m i t te e o f t h e W h o le
It
d ire c ts th e S e c re ta ry o f th e N a v y to so a m e n d th e n a v a l re c o rd
o f J o h n S h a u g h n e ssy , la te la n d s m a n , U n ite d S ta te s N av y , on
U . S . S . Brooklyn, a s t o s h o w h i m h o n o r a b l y d i s c h a r g e d t o d a t e
f r o m O c to b e r 9, 1864,
T h e b i ll w a s r e p o r t e d t o t h e S e n a t e w i t h o u t a m e n d m e n t , o r ­
d e r e d t o a t h i r d r e a d i n g , r e a d t h e t h i r d t im e , a n d p a s s e d .
PLATT NATIONAL PARK, SULPHUR, OKLA.

T h e b ill ( S . 5 1 6 4 ) to p ro v id e f o r th e im p r o v e m e n t
P l a t t N a t i o n a l P a r k , s i t u a t e d a t S u l p h u r , O k la ., w a s
e r e d a s in C o m m i t te e o f t h e W h o le .
T h e b ill w a s r e p o rte d f r o m th e C o m m itte e on P u b lic
w i t h an a m e n d m e n t , o n p a g e 1 , l i n e 3 , b e f o r e t h e w o r d
san d ,
to s tr ik e o u t “ tw o h u n d r e d a n d f i f t y ” a u d
tw e n ty ,” so a s to m a k e t h e b ill r e a d :

o f th e
c o n s id ­
L ands
“ th o u ­
In se rt

That the sum of $20,000 Is hereby appropriated
ic the United States Treasury not otherwise appro^
f2I,the improvement of the Platt National Park, situated at
vision o’ ?hiaSeemar?0 > ifteffi!
f
ofe the0
thC SUper’
a

e n a c te d , e tc .,

Thl
J ™ ^ e r e a r e p o r t a c c o m p a n y in g th e b ill?
° J ^ ^
R k ^ I D E N I . T h e r e i s a r e p o r t w i t h t h e b ill.
M r. K E A N . I t h in k th e b ill h a d b e tt e r g o o v e r.

May 15,

M r. B E V E R ID G E . I d o n o t w a n t i t to g o o v e r, a s f a r a s I
a m c o n c e r n e d , b u t I s h o u l d l ik e t o h a v e t h e r e p o r t r e a d .
M r . O W E N . T h e b i ll h a s a l r e a d y b e e n d i s p o s e d o f i n a n
a m e n d m e n t t o t h e s u n d r y c iv il a p p r o p r i a t i o n b ill.
T h e V IC E -P R E S ID E N T . T h e n th e b ill h a d b e tte r b e in ­
d e f i n i t e l y p o s tp o n e d .
A i r . O W E N . I m o v e t h a t t h e b i l l b e i n d e f i n i te ly p o s t p o n e d .
T h e m o ti o n w a s a g r e e d to .
TOWN SITES IN OKLAHOMA.

T h e b i ll ( S . 6 2 4 6 ) a u t h o r i z i n g t h e S e c r e t a r y o f t h e I n t e r i o r
to s e t a s i d e a c e r t a i n t r a c t o f l a n d f o r t o w n - s i t e p u r p o s e s w a s
c o n s i d e r e d a s i n C o m m i t te e o f t h e W h o le .
T h e b i ll w a s r e p o r t e d f r o m t h e C o m m i t te e o n P u b l i c L a n d s
w ith a m e n d m e n ts .
T h e f i r s t a m e n d m e n t w a s , in s e c ti o n 1, p a g e 1 , l i n e 7, a f t e r
t h e w o r d “ q u a r t e r , ” t o i n s e r t i n p a r e n t h e s e s “ ( l e s s 6 .2 S a c r e s
r i g h t o f w a y o f t h e M i s s o u r i, K a n s a s a n d Oklahoma R a i l w a y ) , ”
so a s t o m a k e t h e s e c ti o n r e a d :

That the Secretary of the Interior is hereby authorized to set aside
ror town-site purposes at Dewey, Okla., the south half of the north­
west quarter of the northwest quarter, and the northeast quarter of the
northwest quarter of the northwest quarter (less G.28 acres right of
way of the Missouri, Kansas and Oklahoma Railway) of section 28,
township 27 north, range 13 east, formerly allotted to Julia Lewis, who
failed to establish her citizenship in the Cherokee Nation.
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , in s e c ti o n 2, p a g e 2, l i n e 4 , a f t e r
t h e w o r d “ o f ,” t o s t r i k e o u t “ f o r t y ” a n d i n s e r t “ t w o h u n ­
d r e d ; ’’ a n d i n l i n e 6 , a f t e r t h e w o r d “ t h e r e o f , ” t o s t r i k e out
“ f r o m t h e s a i d J u l i a L e w i s ” a n d i n s e r t “ a n d s e l li n g a l l o t h e r
l o t s t h e r e i n , ” s o a s t o m a k e t h e s e c ti o n r e a d :

That the Secretary of the Interior is directed to subdivide these lands
In accordance with the present streets and alleys laid out on such lands
and to dispose of such lands to the credit of the Cherokee Nation at
not exceeding thp price of $200 per acre, giving the right of purchasing
the lots heretofore acquired in good faith and for valuable considera­
tion to the purchasers thereof and selling all other lots therein at public
auction to the highest bidder for cash, depositing the same to the
credit of the Cherokee Nation.
T h e a m e n d m e n t w a s a g r e e d to .
T h e b ill w a s r e p o rte d to th e S e n a te a s a m e n d e d , a n d th e
a m e n d m e n t s w e r e c o n c u r r e d in .
T h e b i ll w a s o r d e r e d t o b e e n g r o s s e d f o r a t h i r d r e a d i n g , r e n d
t h e t h i r d t im e , a n d p a s s e d .

HAW
AIIAN PO L SAVING BANK.
STA
S
T h e b i ll ( H . R . 1 1 5 6 0 ) r e l a t i n g t o u n p a i d H a w a i i a n P o s t a l
S a v in g s B a n k d e p o s its w a s c o n s id e re d a s in C o m m itte e o f th e
W h o le . I t p r o v i d e s t h a t w h e n e v e r , b y r e a s o n o f t h e d e a t h o f
a n y p e rs o n a n d th e w a n t o f a n e x e c u to r o r a d m in is tr a to r , a n y
d e m a n d f o r m o n e y s d e p o s ite d in th e H a w a iia n P o s ta l S a v in g s
B a n k c a n n o t b e c e r t i f i e d t o b y t h e g o v e r n o r o f H a w a i i a s p ro v
i n s e c ti o n 1 0 2 o f “ A n a c t t o p r o v i d e a g o v e r n m e n t f o r t h e
T e r r i t o r y o f H a w a i i , ” a p p r o v e d A p r i l 3 0 ,1 0 0 0 , t h e g o v e r n o r m a y ,
u p o n w r itte n a p p lic a tio n , c e r tif y to s u c h d e m a n d a s d u e to th e
p e r s o n s s a t i s f a c t o r i l y p r o v e d t o h i m to b e t h e p e r s o n s w h o w o u ld
b e e n t i t l e d to t h e p e r s o n a l e s t a t e o f t h e d e c e d e n t b y t h e t e r m s o f
th e la w s o f H a w a ii r e la tin g to th e d is tr ib u tio n o f e s ta te o f in te s ­
t a t e s , a n d h i s c e r t i f i c a t e s o m a d e , w h e n s e a le d , c o u n te r s i g n e d ,
a n d a p p r o v e d a s p r o v i d e d i n t h a t s e c ti o n f o r o t h e r c e r t i f i c a t e s
s h a ll h a v e th e s a m e f o rc e a n d e ffe c t a s s u c h o th e r c e rtific a te s .
T h e b ill w a s r e p o rte d to t h e S e n a te w ith o u t a m e n d m e n t, o r­
d e r e d to a t h i r d re a d in g , r e a d th e t h ir d tim e , a n d p a s s e d .
AMERICAN NATIONAL INSTITUTE, PARIS, FRANCE.

T h e b ill ( S . 6 6 4 1 ) t o i n c o r p o r a te t h e A m e r ic a n N a tio n a l I d*
s titu te ( P r ix d e P a r is ) a t P a ris , F ra n c e , w a s a n n o u n c e d a s n e x t
in o r d e r .
M r . C U L B E R S O N . U n l e s s t h e r e i s s o m e t h i n g s p e c i a l l y u rg e® ^
a b o u t t h e b i ll , I o b j e c t t o i t s p r e s e n t c o n s i d e r a t i o n .
M r. F R Y E . O n e m o m e n t. I th o u g h t th e o t h e r b ill w a s m y
l a s t o n e , but I s e e t h a t t h i s i s m in e . T h i s b ill h a s b e e n reported
t h r e e t i m e s u n a n i m o u s l y f r o m t h e C o m m i t t e e o n F o r e i g n R e la ‘
t i o n s . I t h a s t w i c e p a s s e d t h e S e n a t e w i t h o u t o p p o s i t io n .
M r. C U L B E R S O N .
I t i s s u g g e s t e d a r o u n d m e t h a t t h i s >»
p o s s ib l y t h e l a s t b i l l t h e S e n a t o r f r o m M a i n e h a s o n t h e C a l e n *
d a r , a n d I w i t h d r a w t h e o b j e c t io n .
M r. F R Y E . T h a n k s to t h e S e n a to r fro m T e x a s .
T h e r e b e i n g n o o b j e c t io n , t h e S e n a t e , a s in C o m m i t t e e o f th e
W h o le , p r o c e e d e d t o c o n s i d e r t h e b i ll .
T h e b ill w a s r e p o r te d t o th e S e n a te w i t h o u t a m e n d m e n t, o r­
d e r e d t o b e e n g r o s s e d f o r a t h i r d r e a d i n g , r e a d t h e t h i r d tim e*
a n d passed .
ELLA M. COLLINS.

T h e b i ll ( S . 1 7 5 0 ) t o r e i m b u r s e E l l a M . C o llin s , l a t e p o s t '
m a s t e r a t G o ld f ie ld , N e v ., f o r m o n e y e x j> c n d e d f o r c l e r i c a l a®*
s i s t a n c e a n d s u p p l i e s , w a s c o n s i d e r e d u s i n C o m m i t te e o f tlw
W h o le . I t p r o p o s e s t o p a y t o E l l a M . C o llin s , i a t e p o s t m a s t e r

1908.

CONGRESSIONAL RECORD— SENATE

6329

a l l o f t h e l a n d s in a S t a t e . I f i t c a n b u y 1 a c r e f o r t h i s p u r ­ ! t h e G o v e r n m e n t w o u l d b e c o m p e lle d t o k e e p a l o t o f l a n d t h a t
p o s e , i t c a n b u y 2 0 ,0 0 0 ,0 0 0 a c r e s f o r t h i s p u r p o s e . C a r e f u l l e g i s ­ 1 w a s v a l u a b l e a n d t b e p r o c e e d s f r o m t h e s a l e o f w h i c h c o u ld
la tio n f o r tb e c r e a tio n o f t h is r e s e r v e s h o u ld p ro v id e t h a t th e ; go to w a r d p r e s e r v in g th e n a v ig a b ility o f s tr e a m s . I t w o u ld b e
G o v e r n m e n t w o u l d o n l y b u y s u c h l a n d s a s i t i n t e n d e d t o k e e p I o b lig e d t o k e e p i t . T b e S e n a t o r 's t h e o r y w o u l d r e s u l t i n t h i s ,
p e r m a n e n tly f o r t h is p u rp o s e . T h a t w o u ld b e c a r e f u l le g is la ­ a s i t s e e m s to m e, t h a t w h ile t h e G o v e rn m e n t h a s th e r i g h t to
tio n . I f w e h a v e n o t tim e to c o n s id e r a n d m a k e c e r ta in th o s e ; b u y u n if o r m s f o r its s o ld ie r s a n d a m m u n itio n a n d g u n s, i t h a s
p r o v i s i o n s , w e s h o u l d n o t l e g i s l a t e a t a l l . U n t i l i t i s d e f i n i t e l y n o r i g h t t o s e ll w h a t i t d o e s n o t n e e d a f t e r i t h a s b o u g h t i t.
M r. H O P K I N S . I d e s ir e to c a ll t h e a tt e n ti o n o f t h e S e n a to r
d e te rm in e d w h a t la n d s th e G o v e rn m e n t w ill n e ed , w a iv in g th e
q u e s t i o n o f i t s r i g h t t o p u r c h a s e t h e m , t h e r e s h o u l d b e n o l e g i s ­ j f r o m C o n n e c t i c u t to a n i n s t a n c e i n A m e r i c a n h i s t o r y w h e r e a
v e ry la rg e t r a c t o f la n d w a s p u rc h a s e d b y tb e G o v e rn m e n t o f
la tio n u p o n th e s u b je c t.
t h e U n i t e d S t a t e s a n d s u b s e q u e n t l y c o n v e y e d t o i t s c it i z e n s . I
I h a v e h e a r d i t s ta te d a n d I h a v e se e n i t in p r i n t t h a t th e r e
w i l l b e a v e r y l a r g e p r o p o r t i o n o f t h e s e l a n d s t h a t w i l l b e s o ld r e f e r t o t h e L o u i s i a n a p u r c h a s e , w h e r e w e p a i d m a n y m i l l i o n s o f
a g a in b y th e G o v e rn m e n t to p e rso n s fo r th e p u rp o se o f f a r m ­ d o lla rs fo r tb e p u rp o se o f in c re a s in g th e te r r ito r y o f th e U n ite d
S ta te s a n d s u b s e q u e n tly d is p o s e d o f i t — la n d o n w h ic h w e n o w
in g t h e m , s u b j e c t t o t h e r u l e s a n d r e g u l a t i o n s t h a t t h e F o r e s t r y
S e r v i c e m a y m a k e i n r e g a r d t o t h e c o n d i t i o n s u n d e r w h i c h t h e y h a v e a n u m b e r o f s p l e u d i d S t a t e s o f t h e U n io n .
M r. B A C O N . I s h o u l d l i k e t o i n q u i r e o f t h e S e n a t o r f r o m
m a y b e f a rm e d . T h a t is th e a v o w e d p u rp o s e a n d in te n t o f
! Illin o is i f th e S ta te o f I d a h o w a s n o t c a rv e d o u t o f t h a t v e ry
t h is le g is la tio n .
I a m a s m u c h in f a v o r o f c o n s e r v i n g a n d p r e s e r v i n g t o t h e p r o p e r t y ?
-Mr. G A L L I N G E R . P a r t o f i t, a t l e a s t .
u s e o f t h e p e o p le t h e n a t u r a l r e s o u r c e s o f t h e c o u n t r y a s a n y
M r. H E Y B U R N . W h a t t h e G o v e r n m e n t b o u g h t w a s t h e r i g h t
m a n in t h i s b o d y o r a s a n y o n e e l s e w h e r e , b u t i t d o e s n o t f o l ­
I t d id n o t b u y th e la n d a t so m u c h a n a c re .
lo w b e c a u s e y o u a r e in f a v o r o f t h e G o v e r n m e n t s o d o i n g t h a t o f s o v e r e i g n t y .
I t b o u g h t the* r i g h t o f g o v e r n m e n t a n d t h e r i g h t o f s o v e r e i g n t y
y o u a r e to m a k e a re c k le s s p ro v is io n o f t h is k in d w h e re b y th e
G o v e r n m e n t s p e n d s $ 5 ,0 0 0 ,0 0 0 t o a c q u i r e a n i n d e f i n i t e t r a c t o f in t h e L o u i s i a n a p u r c h a s e .
.Mr. B A C O N . H o w d i d i t a c q u i r e t h e t i t l e t o t h e p r o p e r t y ?
la n d o r a v e ry la r g e t r a c t o f la n d — a n d th e r e is n o lim it p la c e d
u p o n 't h e a m o u n t in t h i s b ill— w ith th e u n d e r s ta n d in g e x ­
M r. H E Y B U R N . T h e p r o p e r ty p a s s e d b y r e a s o n o f t h e so v ­
p r e s s e d in t h e l e g i s l a t i o n i t s e l f t h a t t h e G o v e r n m e n t i s t o r e s e l l e r e i g n t y .
it. T h a t is a p la in le g a l p r o p o s itio n in v o lv in g th e p o w e r o f
M r. B A C O N . T h e t i t l e p a s s e d .
t h e G o v e r n m e n t t o d o t h i s t h i n g . W a i v i n g t h e q u e s t i o n o f p o l­
M r. H E Y B U R N . T h e s o v e re ig n ty p a s s e d .
M r . B A C O N . A n d t h e t i t l e a ls o .
ic y , i t i n v o lv e s t h e p o w e r o f t h e G o v e r n m e n t , a n d C o n g r e s s
s h o u l d n o t , t h e S e n a t e o f t h e U n i t e d S t a t e s ------M r. H E Y B U R N . I w i l l a s k t h e S e n a t o r h o w m u c h a n a c r e
M r . H O P K I N S . M r . P r e s i d e n t ------d id w e p a y f o r th e L o u is ia n a p u r c h a s e ?
M r. H E Y B U R N . I w i l l y i e l d in a m o m e n t . T h e S e n a t e o f
Mr. B A C O N . If I k n e w t h e n u m b e r of acres and d i v i d e d it
t h e U n i t e d S t a t e s s h o u l d n o t l o s e s i g h t o f t h e q u e s t i o n o f i t s i n t o $ 1 5 ,0 0 0 ,0 0 0 , I c o u ld t e l l t h e S e n a t o r .
p o w e r in d e a lin g w ith t h i s q u e s tio n o u t o f s y m p a th y w ith a
M r. H E Y B U R N . T h e r e i s n o a n a l o g y w h a t e v e r b e t w e e n t h e
P o lic y o r a s a m a t t e r o f s e n t i m e n t . W e a r e a l l l a w m a k e r s in m o n e y p a i d t o t h e F r e n c h G o v e r n m e n t f o r t h e L o u i s i a n a p u r t h is b o d y , a n d w e a r e b o u n d to c o n s id e r t b e q u e s tio n a s to th e , c h a s e a n d th e p ro p o s itio n b e fo re t b e S e n a te .
e x te n t o f th e p o w e r w h ic h w e m a y e x e rc is e .
M r. B A C O N . T h e S e n a t o r i s a v e r y a b l e l a w y e r . D o e s n o t
M r. H O P K I N S . M r . P r e s i d e n t , b e f o r e t h e S e n a t o r f r o m
th e S e n a to r re c o g n iz e th e f a c t t h a t w e n o t o n ly p u r c h a s e d th e
Id a h o ta k e s h is s e a t, I d e s ire to c a ll to h is a tte n tio n th e f a c t p ro p e rty , b u t t h a t w e a c tu a lly p u r c h a s e d th e id e n tic a l la n d ?
t h a t th e b ill d o e s n o t p r o v id e f o r th e c o n d e m n a tio n o f la n d ,
M r. H E Y B U R N . T h e r e i s n o w o r d o f m e n t i o n i n t h e i n s t r u ­
h u t t h a t th e G o v e rn m e n t is to a c q u ir e th e la n d b y p u r c h a s e o r m e n t b y w h ic h w e a c q u ir e d tb e L o u is ia n a p u r c h a s e w ith r e f e r ­
S if t. I n a c q u i r i n g l a n d i n t h i s m a n n e r i t s e e m s t o m e t h a t e n c e to t h e l a n d t h a t c a m e t o u s b v v i r t u e o f t h a t s o v e r e i g n t y .
s e c ti o n G i s a v e r y w i s e p r o v i s i o n , b e c a u s e i t w i l l u n d o u b t e d l y
M r . G A L L I N G E R . M r . P r e s i d e n t ------h e c u r in m a n y i n s t a n c e s t h a t t h e o w n e r s o f t h e r e a l e s t a t e t h a t
T h e V IC E -P R E S ID E N T . D o e s th e S e n a to r fro m Id a h o y ie ld
i s s o u g h t t o b e b o u g h t w i l l n o t s e ll t h e n e c e s s a r y p a r t t h a t t h e i t o t h e S e n a t o r f r o m N e w H a m p s h i r e ?
G o v e rn m e n t m u s t h a v e in o r d e r to c o n se rv e th e in te r e s ts o f
M r. H E Y B U R N . C e r t a i n l y .
m s b ill u n l e s s t h e e n t i r e f a r m i s t a k e n , w h i l e a p o r t i o n o f i t
M r . G A L L I N G E R . I s h o u l d l ik e t o a s k t h e S e n a t o r in t h e
n o t b e n e e d e d b y th e G o v e rn m e n t. U n d e r s u c h c o n d itio n s m a t t e r o f th e L o u is ia n a p u r c h a s e a s w e ll a s th e G a d s d e n p u r ­
l u c r e o u g h t t o b e a p r o v i s i o n i n t b e b ill, s o t h a t t h e l a n d t h a t i s c h a s e a n d o t h e r p u r c h a s e s w h i c h w e h a v e m a d e w h a t t h e s o v ­
n o t n e e d e d f o r t h e p u r p o s e s p r o v i d e d i n t h e b i l l c a n b e r e d is - e r e i g n t y w o u l d h a v e b e e n w o r t h i f w e h a d n o t g o t t h e l a n d .
P °se d o f b y th e G o v e rn m e n t.
M r. H E Y B U R N . W e d id n o t p u r c h a s e i t a s a la n d p u rc h a s e .
M r. I I E Y B U R N .
M r. P r e s id e n t, c o n d e m n a tio n i s p u r c h a s e . ; I f w e p u r c h a s e d i t f o r t h e p u r p o s e o f o w n e rs h ip , w e p u r c h a s e d
I h e r e i s n o d i f f e r e n c e in l a w .
I t is o n ly o n e m e th o d o f I i t fro m a fo re ig n c o u n tr y . T h e G o v e rn m e n t h a s n e v e r c la im e d
P u rc h a se .
i o r e x e rc is e d th e r i g h t to p u r c h a s e th e la n d o f its o w n c itiz e n s ,
M r, H O P K I N S .
T h e S e n a t o r w i l l a g r e e w i t h m e in t h i s , a n d I t h i n k I w i l l n o t b e d i v e r t e d t o t h e c o n s i d e r a t i o n o f t h e
t h a t u n d e r c o n d e m n a t i o n p r o c e e d i n g s t h e G o v e r n m e n t c o u ld g o L o u i s i a n a p u r c h a s e i n e x p r e s s i n g m y o b j e c t i o n s t o t h e l e g a l
r ig h t o f th e G o v e rn m e n t to p u r c h a s e la n d f r o m p r iv a te c itiz e n s
0 u t a n d c o n d e m n j u s t s u c h l a n d , a n d s u c h o n ly , a s i t n e e d e d ,
a i Rl c o u ld t a k e i t ; b u t i f t h e G o v e r n m e n t p u r c h a s e s t h e l a n d i t f o r t h i s p u r p o s e .
M r . C U L B E R S O N . M r . P r e s i d e n t ------^ u s t t a k e w l i a t t h e s e l l e r w i l l a g r e e t o d i s p o s e o f.
T h e V I C E - P R E S I D E N T . D o e s th e S e n a to r f r o m I d a h o y ie ld
M r. H E Y B U R N .
M r . P r e s i d e n t , t h i s b i ll p r o c e e d s u p o n t h e
to th e S e n a to r fro m T e x a s ?
d e a t h a t th e G o v e rn m e n t w ill b e a b le to o b ta in tit l e to th is
M r. H E Y B U R N . C e r ta in ly .
f h ° d f o r t h e p r i c e o f $ 5 ,0 0 0 ,0 0 0 . Y o u c a n n o t g e t a w a y f r o m
M r. C U L B E R S O N . I s h o u ld lik e to a s k , b e fo re t h e S e n a to r
h a t p ro p o s itio n .
Y ou d o n o t n e e d to n a m e th e p ro c e s s .
We
g o e s e n tir e ly fro m t h is p ro p o s itio n , i f t h a t q u e s tio n is n o t
® re a p p r o p r i a t i n g $ 5 ,0 0 0 ,0 0 0 f o r t h e p u r p o s e o f a c q u i r i n g l a n d s ,
r a th e r a m ix e d o n e ? D id n o t th e i n h a b ita n ts w ith in t h a t se c ­
h u u p le d w i t h a p r o v i s i o n t h a t t h e G o v e r n m e n t s h a l l o r m a y
t io n a t t h e t i m e o f t h e L o u i s i a n a p u r c h a s e t h e m s e l v e s o w n l a n d
a p a r t o f th e m if it a c q u ire s th e m .
I f i t a c q u ir e s th e m ,
w h ic h th e G o v e rn m e n t d id n o t ta k e b y p u r c h a s e ? T h e r e m a in ­
a c q u ir e s th e m u n d e r th e p ro v is io n o f th is a c t, a n d w h e th e r
: . h e l>y p u r c h a s e o r g i f t o r b y t b e l e g a l m e t h o d o f c o n d e m n a - d e r o n l y t h e G o v e r n m e n t g o t ?
M r. H E Y B U R N .
Y es.
T h e G o v e rn m en t d id n o t p u rc h a s e
l l ° n m a k e s n o t th e s lig h te s t d iffe re n c e . I t is a q u e s tio n o f th e
I* n v e r o f t h e G o v e r n m e n t t o a c q u i r e l a n d s f o r t h e p u ri> o s e o f t h e p r i v a t e o w n e r s h i p o f l a n d s t h a t w e r e i n c l u d e d w i t h i n t h e
a i s l> o sin g o f t h e m , e i t h e r b y g i f t o r b y s a l e o r b y a n y o t h e r L o u i s i a n a c e s s io n . I t d i d n o t d e a l w i t h p r i v a t e t i t l e s a t a l l . I t
p u rc h a s e d w h a te v e r w e n t w ith th e so v e re ig n ty o v e r t h a t d o ­
Method.
M r. B R A N D E G E E . O f c o u r s e I c a n n o t a d m i t t h a t t h e S e n - m a i n - n o t h i n g m o r e .
M r. H O P K IN S .
W h e re d id th e G o v e rn m e n t o f th e U n ite d
a t o r c o r r e c t l y s t a t e s t h e p u r p o s e o f t h e b i ll . T h e p u r p o s e o f
S ta te s g e t th e le g a l tit l e w h ic h i t s u b s e q u e n tly g a v e to th e
* u e b i l l a s is* p e r f e c t l y p l a i n t o m y m in d a n d a s i t s t a t e s i n s o
n ia n y w o r d s i s t o p r e s e r v e t h e n a v i g a b i l i t y o f n a v i g a b l e s t r e a m s . v a r i o u s c i t i z e n s w h o a c q u i r e d t i t l e f r o m t h e G o v e r n m e n t ?
M r . C U L B E R S O N . T h a t w a s t o t h e p u b l ic l a n d i n t h a t t e r ­
•
n o t f o r t h e p u ri> o s e o f b u y i n g l a n d f o r t h e p u r p o s e o f s e l l i n g
rito ry .
a g a in a t a ll. I t p ro p o se s* to b u y s o m e f o r e s t s to a c t a s a
M r. H E Y B U R N .
I t n e v e r d id g e t t itle to a n a c r e o f la n d
•r o u s e r v a t o r o f t h e w a t e r , t o d e l i v e r i t u n d e r c o n t r o l t o t h e
t h e r e in p r i v a t e o w n e r s h i p .
s t r e a m s ; a n d in m y ju d g m e n t th e G o v e rn m e n t o f th e U n ite d
s t a te s h a s j u s t a s good a u th o r ity to b u y a fo r e s t a n d c o n se rv e
PLA NATIO A PA K SULPHUR, O L .
TT
NL R,
KA
u ie w a t e r a t t h e s o u r c e o f a n a v i g a b l e r i v e r a s i t w o u l d h a v e t o
M r . O W E N . I w i s h t h e S e n a t o r f r o m I d a h o would yield
u u i ld a d a m o r c a n a l in t h e i n t e r e s t o f n a v i g a t i o n .
A s to s e llin g th e s u r p lu s p a r t s o f th e la u d t h a t a r e n o t r e ­ to m e f o r j u s t o n e m o m e n t.
M r HEYBURN. I yield for a moment.
q u i r e d f o r t h a t p u r p o s e , i f t h e S e n a t o r 's c o n t e n t i o n w e r e t r n a







6330

CONGRESSIONAL RECORD— SENATE.

May 15,

M r. O W E N . I m o v e t o r e c o n s i d e r t h e a c t i o n o f t h e S e n a te
M r . S U T H E R L A N D . M r. P r e s i d e n t ------i n p o s t p o n i n g i n d e f i n i te ly t h e b i l l ( S . 5 1 6 4 ) t o p r o v i d e f o r t h e ! T h e V I C E - P R E S I D E N T . D o e s t h e S e n a t o r f r o m I d a h o
im p ro v e m e n t o f th e P l a t t N a tio n a l P a r k , s itu a te d a t S u lp h u r, y ie ld to th e S e n a to r fro m U ta h ?
M r. H E Y B U R N . C e rta in ly .
O k la ., a n d t h a t i t b e r e s t o r e d t o i t s p l a c e o n t h e C a le n d a r , y
M r. S U T H E R L A N D .
I q u ite a g re e w ith w h a t th e S e n a to r
w is h i t to r e ta in i ts p la c e o n th e C a le n d a r.
T h e m o tio n w a s a g r e e d to .
fro m I d a h o s a y s to th e e ffe c t t h a t th e G o v e rn m e n t o f th e
M r . B A C O N . M r. P r e s i d e n t , I a m n o t s u r e t h a t t h a t w a s U n i t e d S t a t e s h a s n o p o w e r to e n g a g e in t h e b u s i n e s s o f b u y i n g
a n i n f r a c t i o n o f t h e r u l e w h i c h t h e S e n a t e h a s a d o p t e d to p r e ­ a n d s e l li n g l a n d . T h e G o v e r n m e n t h a s n o r i g h t t o p u r c h a s e a
v e n t a v e r y c o m m o n a n d v e r y o b j e c t i o n a b l e p r a c t i c e w h ic h p ie c e o f l a n d f o r t h e e x p r e s s p u r p o s e o f s e l li n g i t a g a i n . I
o b ta in e d v e ry la r g e ly in th e S e n a te o f in te r r u p tin g S e n a to rs a g re e w ith h im a b o u t t h a t . B u t th e G o v e rn m e n t o f th e U n ite d
u p o n t h e flo o r f o r t h e p u r p o s e o f a s k i n g t h e S e n a t e t o g iv e S t a t e s h a s t h e r i g h t , f o r e x a m p le , t o a c q u i r e l a n d f o r t h e p u r ­
a t t e n t i o n t o o t h e r b u s i n e s s . I o n ly c a l l a t t e n t i o n t o i t n o w — p o s e o f a m i l i t a r y p o s t. T h e S e n a t o r w i l l a g r e e w i t h m e a b o u t
I d i d n o t d o so a t t h e t im e — i n o r d e r t h a t i t m a y n o t a p p e a r t h a t .
t h a t w e h a v e beco m e in d iffe re n t o r fo r g e tf u l o f t h a t ru le . I
M r. H E Y B U R N . T h e C o n s t i t u t i o n g iv e s i t t h a t r i g h t .
a m n o t s u r e i t w a s a v i o l a t i o n . I t w a s in s p i r i t , i f n o t i n l e t t e r .
M r. S U T H E R L A N D .
Y es.
N ow , su p p o se th e G o v e rn m e n t
T h e V I C E - P R E S I D E N T . T h e S e n a t o r f r o m G e o r g ia i s q u i t e h a d u n d e r a n a c t o f C o n g r e s s p u r c h a s e d a l a r g e t r a c t o f l a n d
r i g h t . I n t h e l a t e r d a y s o f t h e s e s s io n , w h e n t h e S e n a te is f o r a m i l i t a r y p o s t, a n d t h a t i t s h o u l d t h e r e a f t e r t u r n o u t t h a t
p r e s s e d w i t h t h e c o n s i d e r a t i o n o f a p p r o p r i a t i o n b i ll s , a n d w h e n c e r t a i n s m a l l a r e a s w e r e n o t n e c e s s a r y f o r m i l i t a r y u s e s ,
m a n y a m e n d m e n t s m u s t b e o f f e r e d t o b e p r i n t e d , a n d w h e n w o u ld t h e S e n a t o r s a y t h a t C o n g r e s s c o u ld n o t a u t h o r i z e a s a l e
m a n y S e n a t o r s a r e n e c e s s a r i l y a b s e n t f r o m t h e C h a m b e r o n o f t h o s e s m a ll a r e a s ?
c o n f e r e n c e c o m m i tt e e s , t h e C h a i r i s i n c l i n e d t o b e l i b e r a l i n t h e
M r. H E Y B U R N . N o , M r . P r e s i d e n t , I w o u l d n o t s a y so , b e ­
i n t e r p r e t a t i o n o f t h e r u l e , i f t h e S e n a t e d o e s n o t o b je c t.
c a u s e C o n g r e s s m a y u n d e r t h e l a w d i s p o s e o f p r o p e r t y t h a t is
M r. B A C O N . I th in k th e C h a ir is q u ite c o r re c t in t h a t
n o lo n g e r n e e d e d f o r g o v e r n m e n t a l p u r p o s e s .
N TIO A FO
A N L EESIS.
M r. S U T H E R L A N D . O n e o t h e r q u e s t io n .
M r. H E Y B U R N . A ll r i g h t .
T h e S e n a te , a s i n C o m m i t te e o f t h e W h o le , r e s u m e d t h e c o n ­
M r. S U T H E R L A N D . I f C o n g r e s s h a s t h e p o w e r , a f t e r t h e
s i d e r a t i o n o f t h e b i ll ( S . 4 8 2 5 ) f o r a c q u i r i n g n a t i o n a l f o r e s t s
i n t h e S o u t h e r n A p p a l a c h i a n M o u n t a i n s a n d W h i t e M o u n t a in s . p r o p e r t y h a s b e e n a c q u i r e d f o r a s p e c if ie d p u r p o s e , t o d is p o s e
o f s m a ll a r e a s t h a t a r e n o t n e e d e d f o r t h a t p u rp o se , m a y i t n o t
M r. H E Y B U R N . I th in k th e s u g g e s tio n o f t h e S e n a to r fro m
T e x a s i s v e r y m u c h i n p o i n t, a s I u n d e r s t o o d h i s s u g g e s ­ l e g a l l y p r o v i d e i n a d v a n c e t h a t i f i t s h a l l t u r n o u t b y i n a d ­
v e r t e n c e o r in a n y o t h e r w a y t h a t c e r t a i n s m a ll p o r t i o n s o f t h e
t io n , t h a t w e d i d n o t u n d e r t a k e t o a c q u i r e p r o p e r t y i n p r i v a t e
t r a c t to b e a c q u i r e d f o r a l e g i t i m a t e p u r p o s e a r e n o t n e e d e d f o r
o w n e r s h i p u n d e r t h e L o u i s i a n a p u r c h a s e . W e s im p ly a c q u i r e d
t h e r i g h t w h ic h th e G o v e rn m e n t h a d , w h ic h c a r r ie d w ith i t th e t h a t p u rp o s e , th e y m a y b e d isp o se d o f?
M r. H E Y B U R N . A r e w e t o a c t o n t h e a s s u m p t i o n t h a t w e
r i g h t t o d i s p o s e o f t h e p u b l ic la n d s .
a r e a c t i n g i n a d v e r t e n t l y ? T h a t i s t h e c o n c lu s io n w h i c h n a t u r a l l y
M r . F U L T O N . M r. P r e s i d e n t ------T h e V IC E -P R E S ID E N T . D o e s th e S e n a to r fro m I d a h o y ie ld a r is e s fro m th e su g g e s tio n o f th e S e n a to r fro m U ta h . I t is a n
a s s u m p t i o n a n d a t a c i t a d m i s s io n t h a t a t t h e t i m e o f t h e e n a c t ­
to th e S e n a to r fro m O re g o n ?
i n g o f t h e l e g i s l a t i o n w e a r e p r o b a b ly a c t i n g i n a d v e r t e n t l y .
M r. H E Y B U R N . C e rta in ly .
M r . F U L T O N . T h e S e n a t o r w i l l a ll o w m e t o m a k e a s u g ­ A r e w e in t h e h a b i t o f e n a c t i n g l a w s w h i c h a t t h e t im e o f t h e i r
g e s t io n w h i c h p r o b a b l y h e h a s c o v e r e d b y h i s a n s w e r . I t s e e m s e n a c t m e n t a r e p r o b a b ly i n a d v e r t e n t ?
M r. S U T H E R L A N D . I a m n o t s p e a k in g o f t h e le g is la tio n a s
t o m e t h a t t h a t w a s a c e s s io n o f s o v e r e i g n t y o v e r t h i s t e r r i t o r y
t o t h i s G o v e r n m e n t b y t h e G o v e r n m e n t o f F r a n c e . W e to o k b y b e in g s e e m ly , b u t I a m s p e a k in g o f i t f r o m t h e s t a n d p o i n t o f
c e s s i o n t h e s o v e r e i g n t y t h a t F r a n c e e x e r c is e d , a n d b y v i r t u e b e in g le g a l. W e h a v e t h e p o w e r t o d o t h a t ; a n d I u n d e r s t o o d
t h e S e n a t o r f r o m I d a h o w a s a t t a c k i n g s e c ti o n G u p o n t h e g r o u n d
o f t h e s o v e r e i g n t y o f c o u r s e w e h e l d t h e p u b l ic l a n d s w i t h i u
th e te rrito ry .
t h a t w e h a d p o w e r t o p a s s i t ; n o t t h a t i t w a s n o t s e e m ly
l e g i s l a ti o n .
M r. B A C O N . I th in k i f th e S e n a to r w ill e x a m in e -—
M r . H E Y B U R N . T h e c o n d it i o n s c i t e d b y t h e S e n a t o r f r o m
M r. F U L T O N . B u t I w a n t to s a y t h i s : I t o c c u rs to m e t h a t
a d i f f e r e n t q u e s t io n , f o r o t h e r r e a s o n s , is p r e s e n t e d h e r e , a n d U t a h w i t h r e f e r e n c e to t h e p u r c h a s e o f l a n d f o r m i l i t a r y r e s e r ­
t h a t i s t h e r i g h t t o a c q u i r e l a n d w i t h i n a S t a t e u n d e r t h e C o n ­ v a t i o n s o r l i k e p u r p o s e s h a v e n o a p p l i c a t i o n w h a t e v e r t o a b i ll
s t i t u t i o n f o r a n y p u r p o s e o t h e r t h a n t h e p u r p o s e s f o r w h i c h t h e w h i c h p r o p o s e s t o p u r c h a s e l a n d f o r t h e p u r p o s e s m e n t i o n e d to
t h i s b i ll . I t i s a c o n s t i t u t i o n a l p o w e r e s p e c i a l l y g iv e n t o C o n ­
C o n s t i t u t i o n p r o v i d e s w e m a y a c q u i r e it.
M r. B A C O N . I t h in k i f t h e S e n a to r w ill e x a m in e th e h is ­ g re s s t o a c q u ir e la n d s f o r n e c e s s a ry m ilita r y p u rp o s e s . T h e
t o r i c a l f a c t s h e w i l l b e c o m e s a t is f ie d h e is m i s t a k e n i n s a y i n g l a n g u a g e o f t h e C o n s t i t u t i o n r e s t r i c t s t h e p o w e r t o a c q u i r i n g l a n d
t h e G o v e rn m e n t o f F r a n c e tr a n s f e r r e d to u s th e s o v e re ig n ty . f o r n e c e s s a ry p u r p o s e s ; n o t f o r s p e c u la tiv e p u rp o s e s — fo r th e
T h e f a c t o f th e b u s in e s s is t h a t a t th e tim e o f th e p u rc h a s e p u rp o s e o f d e te rm in in g a f te r w a r d s w h e th e r w e m a y o r m a y n o t
F r a n c e w a s n o t i n p o s s e s s io n o f t h e p r o p e r t y . S p a i n w a s . W e n e e d t h e m — b u t f o r n e c e s s a r y p u r p o s e s .
s i m p ly b o u g h t a c o n t r a c t .
T h e S e n a t o r w i l l n o t c la i m f o r o n e m o m e n t t h a t t h e d o c tr i n e
M r. H E Y B U R N . T h e f a c t is t h a t t h e r e h a d b e e n , a fe w
s u g g e s te d b y h im m ig h t b e e x te n d e d to th e c a s e w h ic h I h a v e
m o n th s p r io r to th e n e g o tia tio n s w ith th e F r e n c h G o v e rn m e n t
c ite d o f th e G o v e rn m e n t p u rc h a s in g la n d , b e c a u s e in i ts ju d g ­
a n a r r a n g e m e n t b e tw e e n S p a i n a n d t h e F r e n c h G o v e r n m e n t m e n t t h e l a n d m a y b e d i s p o s e d o f b y t h e G o v e r n m e n t t o p e r s o n s
w h i c h h a d n o t r e a l l y b e e n c o n s u m m a t e d a t t h a t t im e .
w h o w i l l m a k e a b e t t e r u s e o f i t o r a m o r e p r o f i ta b l e u s e , e i t h e r
M r. B A C O N . T h a t is w h a t I sa y . W e b o u g h t a c o n tr a c t
in t h e i n t e r e s t o f i n d i v i d u a l s o r i n t h e i n t e r e s t o f t h e G o v e rn *
M r . H E Y B U R N . Y e s.
r n e n t. T h e r e i s n o a n a l o g y b e tw e e n t h e c a s e s .
M r. F U L T O N . I s h o u l d l i k e t o m a k e t h e f u r t h e r s u g g e s tio n ,
M r . S U T H E R L A N D . I d o n o t u n d e r s t a n d t h a t t h e S e n a to r
th o u g h , t h a t M r . J e f f e r s o n , u n d e r w h o s e b a n n e r t h e S e n a t o r f r o m I d a h o , i n a t t a c k i n g t h e p r o v i s i o n s c o n t a i n e d i n s e c tio n 6.
f r o m G e o r g ia , I b e lie v e , m a r c h e s , d o u b t e d , i n d e e d d e n ie d , t h a t i s c l a i m i n g t h a t t h e g e n e r a l p u r p o s e o f t h e b i l l i s b e y o n d th e
w e h a d th e c o n s titu tio n a l a u th o r ity to d o th a t.
p o w e r o f C o n g re ss. T h a t is a n e n tire ly d iffe re n t m a tte r.
M r . B A C O N . T h a t i s a s i d e q u e s t io n w h i c h I d o n o t w a n t
M r . H E Y B U R N . I r e s e r v e d t h a t p o i n t, b e c a u s e I d i d n °
t o s t o p to d is c u s s . I t h a s b e e n d i s c u s s e d a g o o d m a n y t im e s . c a r e t o c o n f u s e t h e c o n s i d e r a t i o n o f t w o l e g a l p r o p o s i t io n s — 01
I p l e a d g u i l t y t o m a r c h i n g u n d e r t h e b a n n e r o f J e f f e r s o n , f t h e r i g h t t o p u r c h a s e f o r t h e p u r p o s e s o f t h i s b ill.
a m o n ly s o r r y t h e S e n a t o r f r o m O r e g o n d o e s n o t.
M r. S U T H E R L A N D . T h e n t h e S e n a t o r in m a k i n g b i s a r g u ­
M r. F U L T O N . I k n e w t h e S e n a t o r w a s p r o u d o f i t . T h a t m e n t w i t h r e f e r e n c e t o s e c tio n 6 i s a t l e a s t c o n c e d in g , f o r
is w h y I m e n tio n e d it.
s a k e o f a r g u m e n t , t h a t t h e b i l l i s v a l i d in i t s g e n e r a l purpose*.
M r. H E Y B U R N . M r . P r e s i d e n t , I d o n o t i n te n d , s o f a r a s
M r. H E Y B U R N . I s o s t a t e d .
m y a c tio n is c o n c e rn e d , to p r o tr a c t t h e c o n s id e ra tio n o f th is
M r. S U T H E R L A N D . Y es.
,
q u e s t io n f u r t h e r t h a n to c a l l a t t e n t i o n t o t h i s q u e s t i o n o f p o w e r ,
M r. H E Y B U R N . B u t I c o n c e d e I t o n l y f o r t h e p u r p o s e o
m o r d e r t h a t i t m a y n o t be s a id h e r e a f te r t h a t th e a tte n tio n o f th e a rg u m e n t.
t h e S e n a te w a s n o t d i r e c t e d t o t h a t q u e s t io n .
M r . S U T H E R L A N D . S o c o n c e d in g , w h a t d if f e r e n c e In Pr i n *
I f t h e G o v e r n m e n t c a n p u r c h a s e t h i s l a n d f o r t h i s p u r p o s e c ip le i s t h e r e b e tw e e n t h e c a s e p r e s e n t e d b y t h i s b i ll a n d t h e
a n d d is p o s e o f i t a s p r o v i d e d b y s e c ti o n 6 o f t h e p e n d in g b ill, i l l u s t r a t i o n I g a v e t h e S e n a t o r w i t h r e f e r e n c e to t h e p u r c h a s e
t h e n , i f i n t h e j u d g m e n t o f t h e G o v e r n m e n t a c o m m u n i ty o f o f l a n d f o r m i l i t a r y r e s e r v a t i o n s ?
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U n io n a r e n o t m a k i n g t h e b e s t u s e
’ *.h e G o v e r n m e n t m a y p u r c h a s e i t f o r t h e p u r p o s e
b u t l ? n * \ o t h e r s w h 0 < i n t o e o p i n io n o f t h e G o v e r n ­
m e n t, m a y m a k e b e t t e r u s e o f i t.

M r. H E Y B U R N . T h e d i f f e r e n c e is f o u n d in t h e la n g u a g e o i
s e c ti o n 6.
M r . S U T H E R L A N D . I n o t h e r w o r d s , t h e p r o p o s i t io n to
w h i c h I i n v i t e t h e a t t e n t i o n o f t h e S e n a t o r Is t h i s : A s s u m in g ’

1908.

CONGRESSIONAL RECORD— SENATE.

I I . R . lTOOu. A n a c t a u t h o r i z i n g t h e S e c r e t a r y o f t h e I n t e r i o r
t o i s s u e p a t e n t s i n f e e t o t h e B o a r d o f M i s s io n s o f t h e P r o t ­
e s t a n t E p is c o p a l C h u r c h f o r c e r t a i n l a n d s i n t h e S t a t e o f I d a h o ;
and
H . J . R e s. 178. J o i n t r e s o lu tio n f o r a p p o in tm e n t o f m e m b e rs
o f B o a rd o f M a n a g e rs o f th e N a tio n a l H o m e f o r D is a b le d
V o lu n te e r S o ld ie rs .

PETITIO S AND M M R LS.
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T h e V I C E - P R E S I D E N T p r e s e n te d s u n d r y p e titio n s o f c itiz e n s
o f S e a t t l e , W a s h ., p r a y i n g f o r t h e a d o p t i o n o f c e r t a i n a m e n d ­
m e n ts to th e so -c a lle d “ S h e r m a n a n t i t r u s t la w ” r e la tin g to
l a b o r o r g a n i z a t i o n s , w h i c h w e r e r e f e r r e d t o t h e C o m m i t te e o n
th e J u d ic ia r y .
M r. P L A T T p r e s e n te d th e m e m o ria l o f J . W . W u p p e rm a n n ,
o f N e w Y o r k C i ty , N . Y ., r e m o n s t r a t i n g a g a i n s t t h e e n a c t m e n t
o f le g is la tio n to p r o h ib it th e m a n u f a c tu r e a n d s a le o f in to x ic a t­
i n g l i q u o r s in t h e D i s t r i c t o f C o l u m b i a , w h i c h w a s o r d e r e d t o
lie o n th e ta b le .
H e a ls o p r e s e n te d a m e m o ria l o f th e C o lla r a n d S h i r t M a n u ­
f a c t u r e r s ’ A s s o c i a t i o n o f T r o y , N . Y ., r e m o n s t r a t i n g a g a i n s t
t h e a d o p t i o n o f c e r t a i n a m e n d m e n t s t o t h e s o - c a lle d “ S h e r m a n
a n t i t r u s t l a w ” r e la tin g to la b o r o rg a n iz a tio n s , w h ic h w a s r e ­
f e r r e d t o t h e C o m m i t te e o n t h e J u d i c i a r y .
l i e a ls o p r e s e n te d a m e m o ria l o f t h e N a tio n a l B r ic k M a n u ­
f a c t u r e r s ’ A s s o c i a t i o n o f C o r n i n g , N . Y ., a n d a m e m o r i a l o f t h e
H o r s e h e a d s B r i c k C o m p a n y , o f H o r s e h e a d s , N . Y ., r e m o n s t r a t ­
i n g a g a i n s t a n a p p r o p r i a t i o n b e in g m a d e f o r t h e d e v e l o p m e n t
o f th e u s e o f c o n c re te a s a b u ild in g m a te r ia l, w h ic h w a s r e ­
f e r r e d t o t h e C o m m i t te e o n M a n u f a c t u r e s .
l i e a l s o p r e s e n t e d a p e t i t i o n o f s u n d r y c i t i z e n s o f B u f f a lo ,
N . Y „ p r a y in g f o r th e a d o p tio n o f c e r ta in a m e n d m e n ts to th e
s o - c a lle d “ S h e r m a n a n t i t r u s t l a w ” r e l a t i n g t o l a b o r o r g a n i z a ­
t io n s , w h i c h w a s r e f e r r e d t o t h e C o m m i t t e e o n t h e J u d i c i a r y .
H e a l s o p r e s e n t e d a p e t i t i o n o f t h e B u s i n e s s M e n ’s A s s o c i a ­
t io n o f A u b u r n , N . Y ., p r a y i n g f o r t h e r a t i f i c a t i o n o f a r e c i p r o c a l
t r a d e t r e a t y b e tw e e n t h e U n i t e d S t a t e s a n d F r a n c e , w h i c h w a s
r e f e r r e d to t h e C o m m itte e on F o r e ig n R e la tio n s .
H e a ls o p r e s e n te d a p e titio n o f L o c a l L o d g e N o. 99, B r o th e r ­
h o o d o f L o c o m o tiv e E n g i n e e r s , o f R o c h e s t e r , N . Y ., a n d p e t i ­
t i o n o f t h e I n t e r n a t i o n a l C o n v e n ti o n , B r o t h e r h o o d o f L o c o m o t iv e
E n g i n e e r s , o f C o lu m b u s , O h io , p r a y i n g f o r t h e e n a c t m e n t o f
l e g i s l a t i o n r e q u i r i n g r a i l r o a d c o m p a n i e s t o e q u i p t h e i r lo c o m o ­
tiv e s w ith a u to m a tic se lf-d u m p in g a n d s e lf-c le a n in g a s h p a n s,
W h ic h w a s r e f e r r e d t o t h e C o m m i t te e o n I n t e r s t a t e C o m m e r c e .
M r, O W E N p r e s e n te d a c o n c u r r e n t r e s o lu tio n o f th e le g is la p j r«?i-0 f O k l a h o m a , w h i c h w a s r e f e r r e d t o t h e C o m m i t t e e o n
p u b lic H e a lth a n d N a tio n a l Q u a r a n tin e a n d o r d e re d to b e
p r i n t e d in t h e Record, a s f o l l o w s :

6381

W y o m in g , p r a y i n g f o r t h e a d o p t i o n o f c e r t a i n a m e n d m e n t s t o
t h e s o - c a lle d “ S h e r m a n a n t i t r u s t l a w ” r e l a t i n g t o l a b o r o r g a n i ­
z a t i o n s , w h i c h w e r e r e f e r r e d t o t h e C o m m i t te e o n t h e J u d i c i a r y .
M r. M c L A U R IN p r e s e n te d a p e titio n o f s u n d r y c itiz e n s o f
W a s h i n g t o n C o u n t y , M is s ., p r a y i n g f o r t h e e n a c t m e n t o f l e g i s l a ­
tio n f o r th e r e lie f o f H e n r y L . B la k e a n d o th e rs , w h ic h w a s
r e f e r r e d t o t h e C o m m i t te e o n C l a i m s .
M r. M c C R E A R Y p r e s e n te d a p e titio n o f s u n d r y c itiz e n s o f
O w e n s b o r o , K y ., p r a y i n g f o r t h e a d o p t i o n o f c e r t a i n a m e n d ­
m e n ts to th e s o -c a lle d “ S h e r m a n a n t i t r u s t la w ,” r e la tin g to
l a b o r o r g a n i z a t i o n s , w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n
th e J u d ic ia r y .
M r . S U T H E R L A N D p r e s e n t e d a p e t i t i o n o f L o c a l U n io n N o .
3, B r i c k l a y e r s a n d M a s o n s ’ U n i o n o f A m e r ic a , o f O g d e n , U t a h ,
a n d a p e titio n o f L o c a l U n io n N o . 184, U n ite d B ro th e r h o o d o f
C a r p e n t e r s a n d J o i n e r s o f A m e r ic a , o f S a l t L a k e C i ty , U t a h ,
p r a y i n g f o r t h e a d o p t i o n o f c e r t a i n a m e n d m e n t s t o t h e s o - c a lle d
“ S h e r m a n a n t i t r u s t la w ” r e la tin g to la b o r o r g a n iz a tio n s , w h ic h
w e r e r e f e r r e d t o t h e C o m m i t te e o n t h e J u d i c i a r y .
M r. F R Y E p r e s e n te d p e titio n s o f s u n d r y c itiz e n s o f A n so n
a n d M a d is o n , i n t h e S t a t e o f M a in e , p r a y i n g f o r t h e a d o p t i o n o f
c e r t a i n a m e n d m e n t s t o t h e s o - c a lle d “ S h e r m a n a n t i t r u s t l a w ”
r e la tin g to la b o r o r g a n iz a tio n s , w h ic h w e re r e f e r r e d to th e
C o m m i t te e o n t h e J u d i c i a r y .
M r. P I L E S p r e s e n te d p e titio n s o f J o u r n e y m e n P lu m b e r s ’
U n io n N o. 32, o f S e a tt l e ; o f L o c a l U n io n N o. 300, B r o th e r h o o d
o f P a in te r s , D e c o ra to rs , a n d P a p e r h a n g e r s o f A m e ric a , o f S e ­
a t t l e ; o f L o c a l U n i o n N o . 2 6 1 0 , U n i t e d M in e W o r k e r s o f
A m e r ic a , o f R a v e n s d a l e ; o f P a t t e r n M a k e r s ’ U n io n , o f T a c o m a ,
a n d o f L o c a l U n io n N o. 71, J o u r n e y m e n T a ilo r s ’ U n io n o f
A m e r ic a , o f S e a t t l e , a l l i n t h e S t a t e o f W a s h i n g t o n , p r a y i n g f o r
th e a d o p tio n o f c e r ta in a m e n d m e n ts to th e s o -c a lle d “ S h e r m a n
a n t i t r u s t la w ” r e la tin g to la b o r o rg a n iz a tio n s , w h ic h w e re r e ­
f e r r e d t o t h e C o m m i t te e o n t h e J u d i c i a r y .

H e a ls o ( f o r M r. A n k e n y ) p r e s e n te d p e titio n s o f th e A m e r i­
c a n L e a g u e o f I n d e p e n d e n t W o r k m e n , o f T a c o m a , W a s h ., a n d
o f s u n d r y c i t i z e n s o f B e l l i n g h a m a n d S e a t t l e , W a s h ., p r a y i n g
f o r th e a d o p tio n o f c e r ta in a m e n d m e n ts to th e so -c a lle d “ S h e r ­
m a n a n t i t r u s t la w ” r e la tin g to la b o r o r g a n iz a tio n s , w h ic h w e re
r e f e r r e d to th e C o m m itte e o n th e J u d ic ia r y .
H e also (for M r . A nk en y ) p r e s e n t e d a m e m o r i a l o f t h e V u l ­
c a n I r o n W o r k s , of S e a t t l e , W a s h ., r e m o n s t r a t i n g a g a i n s t t h e
a d o p t i o n o f c e r t a i n a m e n d m e n t s t o t h e s o - c a lle d “ S h e r m a n
a n t i t r u s t l a w " r e la tin g to la b o r o rg a n iz a tio n s , w h ic h w a s r e ­
f e r r e d to th e C o m m itte e o n t h e J u d ic ia r y .
M r . P E N R O S E p r e s e n t e d a p e t i t i o n o f L o c a l U n i o n N o . SC,
I n t e r n a t i o n a l T y p o g r a p h i c a l U n io n , o f R e a d i n g , P a . , p r a y i n g
f o r t h e r e p e a l o f t h e d u t y o n w h i t e p a p e r , w o o d p u lp , a n d t h e
...
House concurrent resolution 13.
m a te r ia ls u se d in th e m a n u f a c tu r e th e re o f, w h ic h w a s r e f e r r e d
eomm«I1as.
Sr°wth an(l spread of consumption or tuberculosis—
0 <■ *®
y own as the “ white plague’’—in some parts of the United t o t h e C o m m i t te e o n F i n a n c e .
l i e a ls o p r e s e n t e d a p e t i t i o n o f t h e T r a d e s A s s e m b l y o f
acts is becoming prevailingly prevalent; and
n nereas it Is now generally accepted as a fact that this dread disease W a s h i n g t o n , P a ., p r a y i n g t h a t a t l e a s t o n e o f t h e n e w b a t t l e
j P , e conimiiniented from one person to another, by the healthy person s h i p s b e c o n s t r u c t e d a t a G o v e r n m e n t n a v y - y a r d , w h i c h w a s
diseased breath of the consumptive and also by inhaling
o r d e r e d t o l ie o n t h e t a b l e .
expectorations carried by the wind; and
V > hereas separation of the consumptively afflicted from the well and
H e a ls o p r e s e n te d a m e m o ria l o f I n g h a m P o s t, N o. 91, D e ­
th
is 0De of the best ways and means of preventing the spread of p a r t m e n t o f P e n n s y l v a n i a , G r a n d A r m y o f t h e R e p u b li c , o f
uw disease, ond to benefit the ailing; Therefore be it
C a n to n , P a ., r e m o n s t r a t i n g a g a i n s t p l a c i n g a s t a t u e o f G e n .
bp the senate and house o f representatives of the legislative
a s s e m b l y o f the S t a t e o f O k la h o m a , That the Government of the United
R o b e r t E . L e e , l a t e o f t h e S o u t h e r n C o n f e d e r a c y , in S t a t u a r y
e-in‘s be r<
e luestod, and the United States is hereby requested, to take
any action looking toward the procurement by purchase or cession H a l l , in t h e N a t i o n a l C a p it o l , W a s h i n g t o n , D . C ., w h i c h w a s r e ­
rom the State of Texas, in the arid regions thereof, or Territory of f e r r e d t o t h e C o m m i t te e o n t h e L i b r a r y .
-^nzona, a tract of land at least 18 miles square, to be used for a conM r . H A L E p r e s e n t e d a p e t i t i o n o f s u n d r y c i t i z e n s o f M a d is o n ,
n^Ptives' homo and sanitarium; that the United States is hereby ren»nt**?L*0 reclaim said tract of land by wells or otherwise, so as to M e ., p r a y i n g f o r t h e a d o p t i o n o f c e r t a i n a m e n d m e n t s t o t h e
turilr # same productive, thereby affording the unfortunate an oppor- s o - c a l l e d “ S h e r m a n a n t i t r u s t l a w ” r e l a t i n g t o l a b o r o r g a n i ­
ln., ty i PrefhRble outdoor employment in the way of gardening, rais- z a t i o n s , w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n t h e J u d i c i a r y .
_ " Poultry, and engaging in otner light enterprises to assist them in
M r. P E R K I N S p r e s e n te d t h e m e m o ria l o f J . D . S p re c k e ls &
thn
a comPetencJ an< as an aid to mind employment at the same
' l
B r o s . C o m p a n y o f S a n F r a n c i s c o , C a l., r e m o n s t r a t i n g a g a i n s t t h e
. 1 hat the United States be requested to cut said reserve into small e n a c t m e n t o f l e g i s l a t i o n a m e n d i n g t h e l a w s r e l a t i n g t o t r a n s ­
ivT iii5nd to improve the same, ami to place the same in a cheerful, p o r t a t i o n b e tw e e n p o r t s o f t h e T e r r i t o r y o f H a w a i i a n d o t h e r
r,,
t»i* « j condition, as far as possible, in order that the unfortunate
hrjL
ii
relief that is awaiting him in the dry, recuperating, p o r t s o f t h e U n i t e d S t a t e s , w h i c h w a s r e f e r r e d t o t h e C o m ­
, giving atmosphere of the dry regions above named.
Tv.-, ! a copy of these resolutions be forwarded to the President of the m i t t e e o n C o m m e r c e .
M r. R I C H A R D S O N p r e s e n t e d a p e t i t i o n o f t h e W o m a n ’s
• hlted States, to the President of the United States Senate, and to the
speaker of the House of Representatives.
C h r i s t i a n T e m p e r a n c e U n i o n o f M ilto n , D e l., p r a y i n g f o r t h e
W . H. M B A ,
M
tT R T
e n a c tm e n t o f le g is la tio n to r e g u la te th e in te r s t a te t r a n s p o r ta ­
Speaker o f t h e H o u s e o f R e p r e s e n t a t i v e s .
t i o n o f i n t o x i c a t i n g l iq u o r s , w h i c h w a s o r d e r e d t o l i e o n t h e
G eo. W . B ellam y ,
P r e s i d e n t o f t h e S e n a te .
ta b le .
M r. H O P K IN S p r e s e n te d p e titio n s o f s u n d r y c itiz e n s a n d
M r. O W E N p r e s e n t e d p e t i t i o n s o f s u n d r y c i t i z e n s o f A r d m o r e
l a b o r o r g a n i z a t i o n s o f G r a n i t e C i ty , C h ic a g o , P e o r i a , C e n t r a l i a ,
* lld S h a w n e e , a n d o f L o c a l U n io n N o . 3 0 2 , I n t e r n a t i o n a l H o d
C a r r i e r s a n d B r i c k L a y e r s ’ U n i o n o f A m e r ic a , o f T u l s a , a l l in a n d E d w a r d s v l l l e , a l l i n t h e S t a t e o f I l l i n o i s , p r a y i n g f o r t h e
a d o p ti o n o f c e r t a i n a m e n d m e n t s t o t h e s o - c a lle d “ S h e r i n a n
th e S ta te o f O k la h o m a , p r a y in g f o r th e a d o p tio n o f c e r ta in
a n t i t r u s t la w ” r e la tin g to la b o r o r g a n iz a tio n s , w h ic h w e re r e ­
a m e n d m e n ts to th e so -c a lle d “ S h e rm a n a n t i t r u s t la w ” r e la tin g
to l a b o r o r g a n i z a t i o n s , w h i c h w e r e r e f e r r e d t o t h e C o m m i t te e o n f e r r e d to t h e C o m m i t te e o n t h e J u d i c i a r y .
H e a ls o p r e s e n t e d a p e t i t i o n o f t h e c o n g r e g a t i o n o f t h e A f r i ­
th e J u d ic ia ry .
M r. C L A R K o f W y o m i n g p r e s e n t e d p e t i t i o n s o f s u n d r y c i t i ­ c a n M e t h o d is t E p i s c o p a l C h u r c h , o f N o r m a l, 111., p r a y i n g f o r
z e n s o f H a n n a , R o c k S p rin g s , a n d E v a n s to n , in th e S ta te o f th e e n a c tm e n t o f le g is la tio n to lim it th e e ffe c t o f th e re g u la -







CONGRESSIONAL RECORD—SENATE.
t i o n s o f c o m m e rc e b e tw e e n t h e s e v e r a l S t a t e s a n d w i t h f o r e i g n
c o u n t r i e s i n c e r t a i n c a s e s , w h i c h w a s r e f e r r e d t o t h e C o m m itte e
on th e J u d ic ia ry .
H e a ls o p r e s e n t e d a m e m o r i a l o f s u n d r y c i t i z e n s o f G r a n i t e
C ity , 111., r e m o n s t r a t i n g a g a i n s t t h e e n a c t m e n t o f l e g i s l a t i o n
t o e x t e n d t h e r i g h t o f n a t u r a l i z a t i o n , w h i c h w a s r e f e r r e d to
t h e C o m m i t te e o n I m m i g r a t i o n .
H e a ls o p r e s e n t e d a p e t i t i o n o f t h e C iv ic I m p r o v e m e n t A s s o ­
c i a t i o n o f U p p e r A lto n , 111., p r a y i n g f o r t h e e n a c t m e n t o f l e g i s ­
la tio n p ro v id in g f o r th e c o n s e rv a tio n o f th e n a tu r a l re s o u rc e s o f
t h e c o u n tr y , w h i c h w a s r e f e r r e d to t h e C o m m i t te e o n F o r e s t
R e s e rv a tio n s a n d th e P ro te c tio n o f G am e.
M r. G A L L I N G E R p r e s e n t e d p e t i t i o n s o f s u n d r y c i t i z e n s o f
T h o r n t o n a n d \Y o o d s to c k , in t h e S t a t e o f N e w H a m p s h i r e , p r a y ­
i n g f o r t h e p a s s a g e o f t h e s o - c a lle d “ r u r a l p a r c e ls - p o s t b i l l , ”
w h i c h w e r e r e f e r r e d to t h e C o m m i t te e o n P o s t-O ffic e s a n d P o s tR o ad s.
H e a ls o p r e s e n t e d p e t i t i o n s o f s u n d r y c i t i z e n s o f R o c h e s te r ,
N . H ., p r a y i n g f o r t h e a d o p t i o n o f c e r t a i n a m e n d m e n t s t o t h e
s o - c a lle d “ S h e r m a n a n t i t r u s t l a w ” r e l a t i n g t o l a b o r o r g a n i z a ­
t i o n s , w h i c h w e r e r e f e r r e d t o t h e C o m m i t te e o n t h e J u d i c i a r y .
H e a ls o p r e s e n t e d a p e t i t i o n o f J . E . I r v i n e , o f W a s h in g t o n ,
D . C ., p r a y i n g f o r t h e e n a c t m e n t o f l e g i s l a t i o n p r o v i d i n g f o r t h e
s u p p r e s s i o n o f u s u r y i n t h e D i s t r i c t o f C o lu m b ia , w h i c h w a s
r e f e r r e d t o t h e C o m m i t te e o n t h e D i s t r i c t o f C o lu m b ia .
H e a ls o p re s e n te d a m e m o ria l o f th e S u r e ty L o a n C o m p a n y ,
th e R e lia n c e L o a n a n d T r u s t C o m p a n y , a n d th e M e tro p o lita n
L o a n a n d T r u s t C o m p a n y , o f W a s h in g t o n , D . C ., r e m o n s t r a t i n g
a g a in s t th e e n a c tm e n t o f le g is la tio n to a m e n d th e C o d e o f L a w
f o r t h e D i s t r i c t o f C o lu m b ia w i t h r e g a r d t o t h e r e c e i p t o f u s u r i ­
o u s i n t e r e s t , w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n t h e D i s ­
t r i c t o f C o lu m b ia .
A ir. D E P E W p r e s e n t e d m e m o r i a l s o f s u n d r y c i t i z e n s a n d
b u s i n e s s f ir m s o f N e w Y o r k C ity , B r o o k l y n , R o c h e s te r , S y r a c u s e ,
B u f f a lo , W a t e r t o w n , B i n g h a m t o n , O g d e n s b u r g , U t i c a , L o c k p o r t ,
T r o y , a n d O n e o n t a , a l l in t h e S t a t e o f N e w Y o r k , r e m o n s t r a t i n g
a g a i n s t t h e a d o p t i o n o f c e r t a i n a m e n d m e n t s t o t h e s o - c a lle d
l> S h e r m a n a n t i t r u s t l a w ” r e l a t i n g t o l a b o r o r g a n i z a t i o n s , w h i c h
w e r e r e f e r r e d t o t h e C o m m i t te e o n t h e J u d i c i a r y .
H e a ls o p r e s e n t e d p e t i t i o n s o f s u n d r y c i t i z e n s a n d l a b o r o r ­
g a n i z a t i o n s o f Y o n k e r s , A lb io n , E l m i r a , B r o o k l y n , H a d l e y ,
U tic a , A lb a n y , S y ra c u s e , S a la m a n c a , a ll in th e S ta te o f N ew
Y o rk , p r a y in g f o r th e a d o p tio n o f c e r ta in a m e n d m e n ts to th e
s o - c a lle d “ S h e r m a n a n t i t r u s t l a w ” r e l a t i n g t o l a b o r o r g a n i z a ­
t io n s , w h i c h w e r e r e f e r r e d t o t h e C o m m i t te e o n t h e J u d i c i a r y .
REPORTS OF COMMITTEES.

M r . P L A T T , f r o m t h e C o m m i t te e o n P r i n t i n g , t o w h o m w a s
r e f e r r e d t h e a m e n d m e n t s u b n u t t e d b y A ir. H eyburn o n t h e T th
i n s t a n t , p r o p o s i n g t o a p p r o p r i a t e $ 1 ,5 0 0 t o p a y C . E . A ld e n f o r
s e r v i c e s r e n d e r e d a n d a s s i s t a n c e e m p lo y e d in p r e p a r i n g a n
i n d e x t o t h e c o m p i l a t i o n o f r u l e s a n d r e g u l a t i o n s g o v e r n in g t h e
v a r i o u s E x e c u t i v e D e p a r t m e n t s , e tc ., i n t e n d e d t o b e p r o p o s e d
t o t h e g e n e r a l d e f ic ie n c y a p p r o p r i a t i o n b ill, r e p o r t e d f a v o r a b l y
t h e r e o n a n d m o v e d t h a t i t b e r e f e r r e d t o t h e C o m m i t te e o n
A p p r o p r i a t i o n s a n d p r i n t e d , w h i c h w a s a g r e e d to .
M r . D I L L I N G H A M , f r o m t h e C o m m i t te e o n t h e D i s t r i c t o f
C o lu m b ia , t o w b o m w e r e r e f e r r e d t h e f o l lo w in g b i ll s , r e p o r t e d
th e m s e v e ra lly w ith o u t a m e n d m e n t a n d s u b m itte d r e p o r ts
th e re o n :
A b ill ( S . 6 4 9 5 ) to p r o v i d e f o r t h e i n c o r p o r a t i o n o f b a n k s
w i t h i n t h e D i s t r i c t o f C o lu m b ia ( R e p o r t N o . 6 6 4 ) ; a n d
A b ill ( S . 6 4 1 3 ) t o l i m i t t h e p e r io d f o r r e f u n d i n g t a x e s a n d
a s s e s s m e n ts e rro n e o u s ly p a id ( R e p o r t N o. 6 6 5 ).
M r . C U R T I S , f r o m t h e C o m m i t te e o n I n d i a n A f f a ir s , t o w h o m
w a s r e f e r r e d t h e b i ll ( S . 4 4 8 2 ) t o a m e n d s e c ti o n 1 8 o f a n a c t ,
a p p r o v e d A p r i l 2 6 ,1 9 0 6 . e n t i t l e d “ A n a c t t o p r o v i d e f o r t h e f in a l
d i s p o s i t i o n o f t h e a f f a i r s o f t h e F i v e C i v il i z e d T r i b e s in t h e
I n d ia n T e r r ito r y , a n d f o r o th e r p u r p o s e s ,” r e p o r te d a d v e r s e ly
t h e r e o n a n d t h e b ill w a s p o s t p o n e d i n d e f i n i te ly .
M r. T E L L E R , f r o m t h e S e l e c t C o m m i t te e o n t h e F i v e C i v i ­
l iz e d T r ib e s , r e p o r t e d a n a m e n d m e n t p r o v i d i n g f o r t h e t r a n s ­
m is s io n b y t h e S e c r e t a r y o f t h e T r e a s u r y a n d t h e S e c r e t a r y o f
th e I n te r io r to th e P u b lic P r i n t e r e ith e r th e o rig in a l o r a tr u e
a n d c o rre c t copy o f th e o rig in a l o f e a c h a n d e v e ry ro ll o f th e
C h o c ta w a n d C h i c k a s a w I n d i a n s n o w in t h e p o s s e s s io n a n d c u s ­
t o d y o f e i t h e r o f t h e s e D e p a r t m e n t s , e tc ., i n t e n d e d t o b e p r o ­
p o s e d t o t h e g e n e r a l d e f ic ie n c y a p p r o p r i a t i o n b i ll , a n d m o v e d
t h a t i t b e p r i n t e d a n d r e f e r r e d t o t h e C o m m i t te e o n A p p r o p r i a ­
t io n s , w h ic h w a s a g r e e d to .
in v e s t ig a t io n s b y c o m m it t e e o n f i n a n c e .

M r. A L D R I C H , f r o m t h e C o m m i t te e o n F i n a n c e , r e p o r t e d t h e
f o l lo w in g r e s o l u ti o n , w h i c h w a s c o n s i d e r e d b y u n a n i m o u s c o n ­
se n t a n d a g ree d to :

That the Committee on Finance are authorized, in connec­
tion witn investigations heretofore ordered hy the Senate, with the

M a y 16,

view of promptly securing the information necessary fo r an intelligent
revision of the customs laws of the United States, to call to their as­
sistance experts in the Executive Departments of the Government and
to employ such other assistants as they shall require; and they are
especially directed to report what further legislation Is necessary to
secure equitable treatment for the agricultural and other products
or the United states in foreign countries; and they shall also, in the
consideration of changes of rates, secure proof of the relative cost of
production in this and in principal competing foreign countries of the
various articles affected by the tariff upon which changes in rates
of duty are desirable.
BILLS INTRODUCED.

A ir. D I L L I N G H A M i n t r o d u c e d a b ill ( S . 7 1 2 8 ) t o g iv e t h e
C o u r t o f C l a i m s j u r i s d i c t i o n to h e a r a n d d e t e r m i n e c la i m s f o r
t h e p a y m e n t o f m e d i c a l e x p e n s e s o f s ic k o ffic e rs a n d e n ­
lis te d m e n o f th e A rm y w h ile a b s e n t fro m d u ty w ith le a v e o r o n
fu rlo u g h , w h ic h w a s r e a d tw ic e by i ts t i t l e a n d r e fe r r e d to th e
C o m m itte e o n t h e J u d i c i a r y .
A ir. C R A N E i n t r o d u c e d a b ill ( S . 7 1 2 9 ) f o r t h e r e l i e f o f t h e
h e i r s a n d le g a l r e p r e s e n t a t i v e s o f T h o m a s F . N o r to n , d e c e a s e d ,
w h ic h w a s r e a d t w i c e b y i t s t i t l e a n d r e f e r r e d t o t h e C o m m itte e
o n C la im s .
A ir. O W E N i n t r o d u c e d t h e

following b i ll s , w h i c h w e r e s e v -

A b ill ( S . 7 1 3 0 ) g r a n t i n g a p e n s i o n t o G e o r g e B o n d ; a n d
A b ill ( S . 7 1 3 1 ) g r a n t i n g a p e n s io n t o T h o m a s M ile s .
A ir. G U G G E N H E I M i n t r o d u c e d a b ill ( S . 7 1 3 2 ) g r a n t i n g a
p e n s io n to J o h n G . S c h e m p p , w h i c h w a s r e a d t w i c e b y i t s t i t l e
a n d , w i t h t h e a c c o m p a n y i n g p a p e r s , r e f e r r e d t o t h e C o m m i t te e
on P e n s io n s .
_____
M r . S A I I T H o f M a r y l a n d i n t r o d u c e d a b i ll ( S . 7 1 3 3 ) f o r t h e
r e l i e f o f t h e e s t a t e o f G e o r g e L lo y d R a le y , w h i c h w a s r e a d t w i c e
b y i t s t i t l e a n d r e f e r r e d to t h e C o m m i t te e o n C la im s .
M r. D I C K i n t r o d u c e d t h e f o l lo w in g b ills , w h i c h w e r e s e v e r a l l y
r e a d t w i c e b y t h e i r t i t l e s a n d r e f e r r e d t o t h e C o m m i t te e o n
P u b lic B u ild in g s a n d G ro u n d s ;
A b i ll ( S . 7 1 3 4 ) p r o v i d i n g f o r t h e e r e c ti o n o f a p u b l ic b u i l d i n g
a t N o rw a lk , O h io ; a n d
A b i ll ( S . 7 1 3 5 ) p r o v i d i n g f o r t h e p u r c h a s e o f a s i t e a n d t h e
e r e c t i o n t h e r e o n o f a p u b l ic b u i l d i n g a t D e f ia n c e , in t h e S t a t e
o f O h io .
A ir. A IO N E Y i n t r o d u c e d a b i ll ( S . 7 1 3 6 ) f o r t h e r e l i e f o f t h e
e s t a t e o f P b e r e b y R . S h e p p a r d , d e c e a s e d , w h ic h w a s r e a d t w i c e
b y i t s t i t l e a n d r e f e r r e d to t h e C o m m i t te e o n C la im s .
A ir. C U R T I S ( f o r A ir. AIc C u m b e r ) i n t r o d u c e d a b i ll ( S . 7 1 3 7 )
f o r th e r e lie f o f J a m e s W . B ro w n a n d o th e rs , w h ic h w a s r e a d
tw ic e b y i ts tit l e a n d , w ith th e a c c o m p a n y in g p a p e rs , r e f e r r e d
t o t h e C o m m i t te e o n C la im s .
A ir. G A R Y i n t r o d u c e d a b i l l ( S . 7 1 3 8 ) f o r t h e r e l i e f o f W in y a h L o d g e , N o . 40, A n c i e n t F r e e a n d A c c e p te d A la s o n s , o f S o u t h
C a ro lin a , w h ic h w a s r e a d tw ic e b y i t s t it l e a n d r e f e r r e d to
t h e C o m m i t te e o n C la im s .
M r. P E N R O S E i n t r o d u c e d a b i ll ( S . 7 1 3 9 ) f o r t h e p u r c h a s e
o f a s i t e f o r a F e d e r a l b u i l d i n g f o r t h e U n i t e d S t a t e s p o s to ffice a t K i t t a n n i n g , P a ., w h i c h w a s r e a d t w i c e b y i t s t i t l e a n d
r e f e r r e d t o t h e C o m m i t te e o n P u b l i c B u i l d i n g s a n d G r o u n d s .
A rr, A L L I S O N i n t r o d u c e d t h e f o l lo w in g b ills , w h i c h w e r e s e v ­
e r a l l y r e a d t w i c e b y t h e i r t i t l e s a n d r e f e r r e d t o t h e C om m ittee
o n P e n s io n s :
A b ill ( S . 7 1 4 0 ) g r a n t i n g a n i n c r e a s e o f p e n s i o n t o W i l l ia m
N . W a ts o n ;
A b ill ( S . 7 1 4 1 ) granting an increase o f p e n s i o n t o John
M. R y a n ;
A b i ll ( S . 7 1 4 2 ) granting a pension to H a r r i e t B . Duncan;
A b ill ( S . 7 1 4 3 ) gran tin g an in crease o f p e n s i o n t o C h arles
A lo ritz ; a n d
A bill ( S . 7 1 4 4 ) granting an increase o f pension t o William
A . Y o rk .
A ir. O V E R M A N i n t r o d u c e d a bill ( S . 7 1 4 5 ) g r a n t i n g a n i n ­
c r e a s e o f p e n s i o n t o J o h n S m i th , w h i c h w a s r e a d t w i c e by it3
t i t l e a n d r e f e r r e d t o t h e C o m m i t te e o n P e n s i o n s .
M r. F O S T E R i n t r o d u c e d t h e f o l lo w in g b i ll s , w h ic h w e r e
w e re s e v e ra lly r e a d tw ic e b y t h e i r t it l e s a n d r e f e r r e d to th e
C o m m i t te e o n C l a i m s :
A b i l l ( S . 7 1 4 6 ) f o r t h e r e l i e f o f A irs. M a r i a B a r r o n ; a n d
A b ill (S . 7 1 4 7 ) f o r th e r e lie f o f L e o n id a s P . H e b a r t.
M r. M c L A U R I N i n t r o d u c e d a b i ll ( S . 7 1 4 8 ) f o r t h e r e l i e f o f
t h e e s t a t e o f C a lv i n T il l e y , w h i c h w a s r e a d t w i c e b y i t s t i t l e
a n d r e f e r r e d t o t h e C o m m i t te e o n C la im s .
M r . S M O O T i n t r o d u c e d a b i ll ( S . 7 1 4 9 ) g r a n t i n g a p e n s io n
to N a n n ie M . L o w e, w h ic h w a s r e a d tw ic e b y i ts t it l e a n d r e ­
f e r r e d t o t h e C o m m i t te e o n P e n s i o n s .
AMENDMENTS TO DEFICIENCY APPROPRIATION BILL.

M r . C U R T I S s u b m i t t e d a n a m e n d m e n t p r o p o s i n g to a p p r o ­
p r i a t e $ 1 ,0 0 0 t o p a y N . M . W a k e f ie ld f o r s e r v i c e s r e n d e r e d in
p r e p a r in g a t r a c e r o f le g is la tio n a n d n o tif y in g th e m e m b e rs o r
t h e S e n a t e o f t h e m o v e m e n ts o f t h e S e n a t e b ills , i n t e n d e d to

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1908.

6383

be proposed b y him to the general deficiency appropriation bill, r
d i s b u r s e m e n t of I n d i a n f u n d s .
which was referred to the Committee on Appropriations and f Mr. OWEN submitted the follow ing resolution, which was
o r d e r e d to b e p r in te d .
considered by unanimous consent and agreed to:
M r. H E Y B U R N s u b m itte d a n a m e n d m e n t p ro p o s in g to a p p r o ­
R e s o lv e d , That the Secretary of the Interior be, and he is hereby,
p r i a t e $ 1 5 0 t o p a y J o h n K . W h i t e f o r e x t r a s e r v i c e s r e n d e r e d directed to cause to be prepared and to transmit to the Senate a de­
tailed statement showing all revenues of every kind and character i
a s c l e r k a n d s t e n o g r a p h e r t o t h e C a p i t o l p o l ic e b o a r d , i n t e n d e d
collected and all funds from all sources received and credited to each]
t o b e p r o p o s e d b y h i m t o t h e g e n e r a l d e f ic ie n c y a p p r o p r i a t i o n of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes since!
b i ll , w h i c h w a s r e f e r r e d t o t h e C o m m i t t e e o n A p p r o p r i a t i o n ^ June 28, 1898, and the disbursements made from the funds of said
tribes, severally, with the authority therefor since said date.
a n d o r d e re d to b e p r in te d .
EMPLOYMENT OF STENOGRAPHER.
M r. S M O O T s u b m itte d a n a m e n d m e n t p ro p o s in g to a p p ro ­ — —
p r ia te $300 to p a y C h a rle s M . M o rris f o r e x tr a c le ric a l s e rv ic e
Mr. FLIN T submitted the follow ing resolution, which was
f o r e d i t i n g a n d c o m p i l i n g t h e t e s t i m o n y t a k e n b e f o r e t h e J o i n t referred to the Committee to Audit and Control the Contingent
C o m m i t t e e o n P a t e n t s , e tc ., i n t e n d e d t o b e p r o p o s e d b y h i m
Expenses o f the Senate:
to t h e g e n e r a l d e f ic ie n c y a p p r o p r i a t i o n b i ll , w h i c h w a s r e f e r r e d
R e s o lv e d , That the Committee on Irrigation be, and the same is
to t h e C o m m i t t e e o n A p p r o p r i a t i o n s a n d o r d e r e d t o b e p r i n t e d . hereby, authorized to employ a stenographer from time to time, as
AMENDMENTS

TO OMNIBUS

PUBLIC-BUILDINGS BILL.

may
other matters pending ____ ___ _
rapher be paid out of the contingent fund of the Senate.
CH
ARLES C W A E .
. EVR

M r. N IX O N s u b m itte d tw o a m e n d m e n ts in te n d e d to b e p ro ­
p o s e d b y h i m t o t h e o m n i b u s p u b l i c - b u i l d i n g s b i ll , w h i c h w e r e
r e f e r r e d to th e C o m m itte e o n P u b lic B u ild in g s a n d G ro u n d s
The VICE-PRESID EN T laid before the Senate the amend­
a n d o rd e re d to b e p rin te d .
ment o f the House o f Representatives to the amendment o f the
M r. B A C O N s u b m itte d a n a m e n d m e n t in te n d e d to b e p r o ­
Senate to the bill (H . It. 1062) granting an increase of pen­
p o se d b y h im to t h e o m n ib u s p u b lic -b u ild in g s b ill, w h ic h w a s r e ­
sion to Charles C. Weaver, which, on motion o f Mr. Smoot, was
f e r r e d to th e C o m m itte e o n P u b lic B u ild in g s a n d G ro u n d s a n d
with the bill referred to the Committee on Pensions.
o rd e re d to b e p rin te d .
JERRY MURPHY.
M r. P A Y N T E R s u b m itte d tw o a m e n d m e n ts in te n d e d to b e
P ro p o s e d b y h im to th e o m n ib u s p u b lic - b u ild in g s b ill, w h ic h
The VICE-PRESID EN T laid before the Senate the amend­
w e re r e f e r r e d to th e C o m m itte e o n P u b lic B u ild in g s a n d
ment o f the House o f Representatives to the amendments o f
G ro u n d s a n d o rd e re d to b e p rin te d .
the Senate to the bill (H . R. 1991) granting an increase o f
M r. D IC K s u b m itte d a n a m e n d m e n t in te n d e d to b e p ro p o s e d
pension to Jerry Murphy, which, on motion o f Mr. Smoot, was
b y h i m t o t h e o m n i b u s p u b l i c - b u i l d i n g s b i ll , w h i c h w a s r e f e r r e d
with the bill referred to the Committee on Pensions.
to th e C o m m itte e o n P u b lic B u ild in g s a n d G r o u n d s a n d o r d e re d
SUNDRY CIVIL APPROPRIATION BILL.
to b e p r i n t e d .
/T 'M r. O W E N s u b m i tt e d a n a m e n d m e n t in te n d e d to b e p ro p o s e d
The VICE-PRESIDEN T laid before the Senate the action o f
/ by h im to t h e o m n ib u s p u b lic - b u ild in g s b ill, w h ic h w a s r e f e r r e d
the House o f Representatives disagreeing to the amendments o f
l t o t h e C o m m i t t e e o n P u b l i c B u i l d i n g s a n d G r o u n d s a n d o r d e r e d ; the Senate to the bill (H . R. 21260) making appropriations for
l t o be p rin te d .
f sundry civil expenses o f the Government for the fiscal year
M r. S U T H E R L A N D s u b m itte d a n a m e n d m e n t in te n d e d to b e
ending June 30, 1909, and for other purposes, and requesting a
P ro p o s e d b y h im to t h e o m n ib u s p u b iic - b u ild in g s b ill, w h ic h w a s
conference with the Senate on the disagreeing votes o f the two
r e f e r r e d to t h e C o m m itte e o n P u b lic B u ild in g s a n d G ro u n d s a n d
Houses thereon.
o rd e re d to be p rin te d .
Mr. ALLISON. I move that the Senate insist upon its
M r. M A R T IN s u b m i tt e d a n a m e n d m e n t i n te n d e d t o b e p ro amendments, agree to the conference asked for by the House
p o s e d b y h i m t o t h e o m n i b u s p u b l i c - b u i l d i n g s b i l l , w h i c h w a s o f Representatives, and that the conferees on the part o f the
r e r r e d to th e C o m m itte e o n P u b lic B u ild in g s a n d G ro u n d s a n d
Senate be appointed by the Chair.
o rd e re d to b e p r in te d .
The motion was agreed to, and Mr. Allison , Mr. H ale, and
C U R T IS s u b m itte d a n a m e n d m e n t in te n d e d to b e p ro Mr. T eller were appointed as the conferees on the part o f the
L Sed, b y b im to t h e o m n ib u s p u b lic - b u ild in g s b ill, w h ic h w a s re te d to th e C o m m itte e o n P u b lic B u ild in g s a n d G ro u n d s a n d
o r d e r e d to b e p r i n t e d .
i. , r - L O N G s u b m i t t e d a n a m e n d m e n t i n t e n d e d t o b e p r o p o s e d
to
* ° t b e o m n i ^ u s p u b l i c - b u i l d i n g s b i ll , w h i c h w a s r e f e r r e d
J t h e Committee o n P u b l i c B u i l d i n g s a n d G r o u n d s a n d o r d e r e d
*o h e p r i n t e d .
M r. P E N R O S E s u b m i t t e d a n a m e n d m e n t i n t e n d e d t o b e p r o ­
p o se d b y h im t o t h e o m n ib u s p u b lic - b u ild in g s b ill, w h ic h w a s re r r e d to t h e C o m m itte e o n P u b lic B u ild in g s a n d G r o u n d s a n d
o r d e r e d to b e p r i n t e d .
i ; I r - O V E R M A N (for M r . Taylor) submitted an amendment

proposed to the omnibus public-buildings bill,
u<-n was referre(j t0 tjje Committee on Public Buildings and
*mnds and ordered to be printed.

Senate.
RAILROAD SIDING AT WASHINGTON NAVY-YARD.

The VICE-PRESID EN T laid before the Senate the action
o f the House o f Representatives disagreeing to the amendment
o f the Senate to the bill (H . R. 20120) to authorize the con­
struction o f a railroad siding to the United States navy-yard,
and for other purposes, and requesting a conference with the
Senate on the disagreeing votes o f the two Houses thereon.
Mr. CARTER. I move that the Senate insist upon its amend­
ment, agree to the conference asked for by the House o f Repre­
sentatives, and that the conferees on the part o f the Senate be
appointed by the Chair.
The motion was agreed to, and Mr. C a r t e r , Mr. B u r k e t t ,
and M r. M a r t i n were appointed as the conferees on the part o f
the Senate.

*7 F L I v E L E Y s u b m i t t e d a n a m e n d m e n t i n t e n d e d t o b e p r o c o l l e c t io n o f r e v e n u e .
o y h i m t o t h e o m n i b u s p u b l i c - b u i l d i n g s b i ll , w h i c h w a s
The VICE-PRESID EN T laid before the Senate the action
®r r e d t o t h e C o m m i t t e e o n P u b l i c B u i l d i n g s a n d G r o u n d s
o f the House o f Representatives disagreeing to the amendment
d o r d e re d to b e p r in te d .
o f the Senate to the bill (H . R. 1750G) to amend an act entitled
n l r : M A R T IN s u b m itte d a n a m e n d m e n t in te n d e d to b e p ro “ An act to simplify the laws in relation to the collection o f
j
,
o y h im to t h e o m n ib u s p u b lic - b u ild in g s b ill, w h ic h w a s
revenues,” approved June 10, 1890, as amended by an act en­
!;rp e d t o t h e C o m m i t t e e o n P u b l i c B u i l d i n g s a n d G r o u n d s
titled “ An act to provide revenues for the Government and to
a n d o rd e re d to b e p rin te d .
encourage the industries o f the United States,” approved July
D IC K s u b m itte d tw o a m e n d m e n ts in te n d e d to b e p ro 24, 3897, and requesting a conference with the Senate on the
i * ' b y h im to t h e o m n ib u s p u b lic - b u ild in g s b ill, w h ic h w e re
disagreeing votes o f the two Houses thereon.
‘t a r r e d t o t h e C o m m i t t e e o n P u b l i c B u i l d i n g s a n d G r o u n d s
Mr. ALD RICH . I move that the Senate insist on its amend­
n J r o rd e re d to b e p rin te d .
ment, agree to the conference asked for by the House o f Repre­
M r. N E L S O N s u b m itte d a n a m e n d m e n t in te n d e d to b e p ro sentatives, and that the conferees on the part o f the Senate be
POHvi by. h i m t o t h e o m n i b u s p u b l i c - b u i l d i n g s b i l l , w h i c h w a s
appointed by the Chair.
r e f e r r e d to th e C o m m itte e o n P u b lic B u ild in g s a n d G ro u n d s
Tlie motion was agreed to, and Mr. A l d r ic h , Mr. A l l i s o n ,
^ o rd e re d to b e p rin te d .
and Mr. D aniel were appointed as the conferees on the part o f
M r. D E P E W s u b m i tt e d t h r e e a m e n d m e n ts in te n d e d to b e p r o ­
the Senate.
p o se d b y h im to t h e o m n ib u s p u b lic - b u ild in g s b ill, w h ic h w e re
DIPLOMATIC AND CONSULAR APPROPRIATION BILL.
R e r r e d to th e C o m m itte e o n P u b lic B u ild in g s a n d G r o u n d s a n d
° r d e re d to b e p rin te d .
Mr. H ALE submitted the following report:
! ,

W
ITHDRAW O PAPERS—FRANCES B L W
AL F
IQ O .

O n m o ti o n o f M r . A l l i s o n , I t w a s

The committee o f conference on the disagreeing votes o f the

there may be withdrawn from the flies of the Senate two Houses on the amendments o f the Senate to the bill (H R
P
.aPera in the case of S. 3118, Fifty-ninth Congress, first session,
ranting a pension to Francis Biglow, there h a v in g b e en no adverse 20325) making appropriations for the diplomatic and consular
"Port thereon.
service for the fiscal year ending June 30, 1909, having met,
th ^ 1







CONGRESSIONAL RECORD— SENATE.

6384

a f t e r f u ll a n d f r e e c o n fe re n c e h a v e a g r e e d to re c o m m e n d a n d
d o re c o m m e n d to t h e i r r e s p e c tiv e H o u s e s a s f o llo w s :
T h a t th e S e n a te re c e d e fro m i ts a m e n d m e n ts n u m b e re d 3
a n d 8.
T h a t th e H o u se re ce d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t s o f t h e S e n a t e n u m b e r e d 1, 4, 5, 6 , 7, 9 , 1 1 , a n d 12.
A n d a g re e to sa m e.
T h a t th e H o u s e re c e d e fro m i ts d is a g re e m e n t to th e a m e n d ­
m e n t o f th e S e n a te n u m b e re d 2, a n d a g r e e to th e s a m e w ith a n
a m e n d m e n t a s f o llo w s : S tr ik e o u t th e m a t t e r in s e r te d b y s a id
a m e n d m e n t a n d s trik e o u t th e a m e n d e d p a ra g ra p h a n d in s e rt
in lie u th e r e o f th e f o llo w in g :
“ S e c r e ta r y o f le g a tio n to S a lv a d o r a n d c o n s u l-g e n e ra l to S a n
S a lv a d o r, tw o th o u s a n d d o lla r s ; a n d th e p ro v is io n in th e a c t
o f M a y 1 1, 1 9 0 8 , f o r a c o n s u l - g e n e r a l a t S a n S a l v a d o r i s h e r e b y
re p e a le d .”
A n d th e S e n a te a g r e e to t h e sa m e .
T h a t th e H o u s e re c e d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f th e S e n a te n u m b e re d 10, a n d a g re e to th e s a m e w ith
a n a m e n d m e n t a s fo llo w s : I n lie u o f th e m a t t e r in s e r te d b y
s a id a m e n d m e n t in s e r t th e fo llo w in g :
“ F o r s a la r ie s o f c o n s u ls -g e n e ra l a n d c o n s u ls , a s p ro v id e d in
t h e a c t a p p r o v e d M a y 1 1 , 1 9 0 8 , e n t i t l e d ‘A n a c t t o a m e n d a n
a c t e n t i t l e d “ A n a c t to p r o v i d e f o r t h e r e o r g a n i z a t i o n o f t h e c o n ­
s u l a r s e r v i c e o f t h e U n i t e d S t a t e s , ” a p p r o v e d A p r i l 5, 1 9 0 6 ,’ a s
fo llo w s : C o n s u ls -g e n e ra l, th r e e h u n d r e d a n d th r e e th o u s a n d
d o l la r s ; c o n s u ls , se v e n h u n d r e d a n d t h ir t y - t h r e e th o u s a n d d o l­
l a r s ; in a ll, o n e m illio n a n d th ir t y - s i x th o u s a n d d o lla rs .
“ F o r s a l a r i e s o f fiv e c o n s u l a r i n s p e c t o r s , a t f iv e t h o u s a n d
d o l l a r s e a c h , t w e n ty - f i v e t h o u s a n d d o l l a r s . ”
A n d th e S e n a te a g re e to th e s a m e .

E ugene H ale,
S. M .

CULLOil,

A. S. Cl a y ,
Managers on the part of the Senate.
C . B. L andis ,
J . B. Perkins ,
W illiam M . H oward,

Managers on the part of the House.
T h e r e p o r t w a s a g r e e d to .

PO L savings banks.
STA
M r . B R A N D E G E E . I m o v e t h a t t h e S e n a t e p r o c e e d to t h e
c o n s id e ra tio n o f th e b ill (S . 4825) f o r a c q u ir in g n a tio n a l f o r e s ts
in th e S o u th e r n A p p a la c h ia n M o u n ta in s a n d W h ite M o u n ta in s .
M r. C A R T E R . M r. P r e s id e n t, y e s te r d a y e v e n in g I g a v e
n o t ic e t h a t I w o u l d r e s e r v e t h e r i g h t t o m o v e t o t a k e u p t h e
b i ll ( S . 6 4 8 4 ) t o e s t a b l i s h p o s t a l s a v i n g s b a n k s f o r d e p o s i t i n g
s a v in g s a t in te r e s t, w ith th e s e c u r ity o f th e G o v e rn m e n t f o r
re p a y m e n t th e re o f, a n d f o r o th e r p u rp o s e s . I a m v e ry a n x io u s
t h a t t h a t b ill s h a ll b e a c c o rd e d c o n s id e r a tio n .
S in c e y e s t e r d a y e v e n i n g ’s s e s s io n I h a v e b e e n a d v i s e d b y
s e v e ra l S e n a to r s o f t h e i r d e s ir e to b e h e a r d o n th e b ill, a n d I
r e a liz e t h a t a t le a s t tw o o f th e S e n a to r s d e s ir in g to a d d r e s s
th e S e n a te o n th e b ill d u r in g i ts c o n s id e r a tio n a r e so s itu a te d
w ith re fe re n c e to th e b u s in e s s o f th e S e n a te a s to r e n d e r it
q u i t e d i f f ic u l t i f n o t i m p o s s i b le t o p r e p a r e o r t o t a k e t h e t i m e t o
a d d r e s s th e S e n a te o n th e s u b je c t d u r in g t h e fe w r e m a in in g
d a y s o f t h e p r e s e n t s e s s io n .
I fe e l, h o w e v e r, t h a t t h e S e n a te is e n title d to th e p riv ile g e
o f v o t i n g o n t h i s m e a s u r e . A c c o r d i n g t o m y v ie w , t h e r e i s a
d is tin c t m a jo r ity in th e b o d y in fa v o r o f it. I d o n o t a t th e
s a m e tim e d e s ire to w o rk a h a r d s h ip o n a n y S e n a to r n o r seek
to v io la te a u s a g e w h ic h h a s b eco m e s a c re d in th e C h a m b e r
o f a llo w in g S e n a to r s a re a s o n a b le tim e to p r e p a r e f o r a n a d ­
d r e s s o r s p e e c h o n a n y b ill.
T o th e e n d t h a t a m p le tim e m a y b e a llo w e d to a ll S e n a to r s
w h o d e s ir e to s tu d y th e b ill a n d to a d d r e s s th e S e n a te u p o n it,
a n d a t th e s a m e tim e m a k e so m e p ro g re s s , I a s k u n a n im o u s
c o n s e n t t h a t t h e 1 1 t h d a y o f J a n u a r y b e f ix e d f o r a v o t e o n a l l
a m e n d m e n t s t h e n p e n d in g a n d o n t h e b i ll , t h e f i n a l v o t e t o b e
ta k e n b e fo re a d jo u r n m e n t on t h a t d a y .
M r. H O P K IN S .
M r. P r e s id e n t, t h e S e n a to r f r o m M o n ta n a
th e o th e r d a y m a d e a v e ry c le a r e x p la n a tio n o f th e v a r io u s
p r o v i s i o n s o f t h e b i ll . T h e s u b j e c t - m a t t e r o f t h e b i ll h a s b e e n
b e f o r e t h e p u b l ic a n d b e f o r e C o n g r e s s f o r s e v e r a l s e s s io n s .
I s in c e re ly h o p e t h a t th e S e n a to r w h o h a s c h a r g e o f th e b ill
c a n m a k e s o m e a r r a n g e m e n t w i t h S e n a t o r s w h o d e s i r e to
sp e a k u p o n i t to h a v e th o s e sp e e c h e s m a d e a t th e p r e s e n t
s e s s io n , s o t h a t a v o t e c a n b e t a k e n b e f o r e C o n g r e s s a d j o u r n s .
M r. H A L E .
M r. P r e s i d e n t , I t h i n k t h e S e n a t o r f r o m M o n ­
t a n a i s p r o c e e d in g in t h e r i g h t w a y t o g e t a v o t e o n h i s b ill
d u r in g th e p r e s e n t C o n g re ss. W h a te v e r m a y b e th e fe e lin g o f
a m a j o r i t y o f t h e S e n a te , t h e r e a r e a g o o d m a n y S e n a t o r s

May 16,

w h o a r e o p p o se d to th e b ill w h o d e s ir e to d e b a te it, a n d w ill
d e b a te i t to th e b e s t o f t h e ir f a c u lty w h e n e v e r i t c o m e s u p.
I t is a l it e r a l im p o s s ib ility to c a r r y o u t th e s u g g e s tio n o f
th e S e n a to r fro m I llin o is a n d g e t a v o te u p o n th is m o s t im ­
p o r t a n t a n d c o n t e s t e d m e a s u r e a t t h e p r e s e n t s e s s io n .
If
C o n g re ss is to a d jo u r n , a s I h o p e w e m a y , on o n e o f th e la te r
d a y s o f n e x t w eek , w e c a n n o t p r e c ip ita te in to th e b u s in e s s o f
th e S e n a te a n y s u c h c o n te s te d m e a s u r e a s t h is a n d g iv e i t
a n y th in g lik e f a i r c o n s id e ra tio n .
I d o n o t s p e a k f o r m y s e lf
a lo n e , b u t f o r o t h e r S e n a t o r s w h o a r e o p p o s e d to t h e m e a s u r e
a n d w h o w ill d e b a te i t w h e n i t co m es up.
B u t th e S e n a to r is e n title d to b rin g th e m a tte r b e fo re th e
S e n a te d u r in g t h is C o n g re ss, a n d I th in k h is s u g g e s tio n is a
w i s e o n e . I s h a l l n o t o b j e c t f o r o n e t o a d a y b e in g f ix e d — t h e
d a y t h e S e n a t o r f ix e s o r a n y d a y t h a t s u i t s h i m — w h e n t h e m a t ­
t e r s h a ll b e ta k e n u p a n d d is p o s e d o f a f t e r d is c u s s io n b y th e
S e n a te . B u t I t h in k I a m e n title d to sa y , k n o w in g s o m e th in g
a b o u t th e c o n d itio n o f th e b u s in e s s a n d th e d e s ir e s gf S e n ­
a t o r s t o a d j o u r n , t h a t i t w o u l d b e i m p o s s i b le t o g i v e t h i s
m e a s u r e a n y p r o p e r c o n s id e r a tio n in th e r e m n a n t t h a t is le f t
u s o f t h e p r e s e n t s e s s io n .
M r . B R A N D E G E E . M r. P r e s i d e n t , I w i s h t o m a k e a p a r l i a ­
m e n t a r y i n q u i r y . I h a d m a d e a m o ti o n t o p r o c e e d t o t h e c o n ­
s i d e r a t i o n o f S e n a t e b i l l 4 8 2 5 , a n d d o u b t l e s s t h a t m o ti o n i s n o t
d e b a t a b l e . I f t h e S e n a t o r f r o m M o n t a n a w i l l a ll o w m y m o ti o n
to b e p u t , I w i l l t h e n y i e l d t o h i m f o r t h e p u r p o s e o f m a k i n g
h is re q u e s t.
M r. C A R T E R . I t r u s t th e S e n a to r fro m C o n n e c tic u t w ill
b e a r i n m i n d ------M r. T E L L E R . M r . P r e s i d e n t , i f t h e r e i s t o b e a n y g e n e r a l
a g r e e m e n t a b o u t t h e b i ll , I h o p e i t w i l l b e s o s t a t e d t h a t w e o n
t h i s s i d e o f t h e C h a m b e r m a y k n o w w h a t i t is . I d o n o t b e ­
lie v e a n y o n e o n t h i s s id e k n o w s w h a t th e S e u a to r fro m M o n ta n a
is a s k in g .
T h e V I C E -P R E S ID E N T . D o e s th e S e n a to r fro m C o n n e c tic u t
o b je c t to th e r e q u e s t o f th e S e n a to r fro m M o n ta n a ?
S i r . B R A N D E G E E . I w i l l w i t h h o l d m y m o ti o n f o r t h e p r e s ­
e n t a n d s e e i f t h e r e q u e s t c a n b e a g r e e d to .
M r. M A R T IN . M r. P r e s id e n t, I t h in k i t r e q u ir e s v e ry e x ­
c e p t i o n a l c i r c u m s t a n c e s t o j u s t i f y t h e S e n a t e in f i x in g a t o n e
s e s s io n w h a t b u s i n e s s i t w i l l t a k e u p a t a n o t h e r s e s s io n . T h i s
i s a v e r y i m p o r t a n t m e a s u r e , a n d i t i s i m p o s s i b le f o r u s t o f o r e ­
see n o w w h e th e r i t c a n h a v e p ro p e r c o n s id e ra tio n a n d th e S en ­
a te w ill b e r e a d y f o r a v o te u p o n i t a t th e tim e m e n tio n e d . 1
a m c o n s tr a in e d , u n d e r th e c irc u m s ta n c e s , to o b je c t.
T h e V IC E -P R E S ID E N T . O b je c tio n is m a d e to th e req u est
o f th e S e n a to r fro m M o n ta n a .
M r. H A L E . L e t m e s u g g e s t t o t h e S e n a t o r f r o m M o n t a n a
t h a t h e m o v e t h a t t h e b i ll s h a l l b e m a d e a s p e c i a l o r d e r f o r t h e
d a y n a m e d . T h e n w h e n t h a t tim e c o m e s th e S e n a te c a n d e a l
w i t h i t a s i t d o e s w i t h a l l m a t t e r s , a n d w h e n t h e S e n a t e wants
a v o te , i t i s t h e p r i d e o f t h e S e n a t e t h a t i t c a n s a y i t a l w a y
g e t s a v o te . T h e S e n a t o r in t h a t w a y w i l l a v o i d t h e objection
r a is e d b y t h e S e n a to r f r o m V irg in ia .
M r. C A R T E R .
I w o u l d p r e f e r m a k i n g t h e s p e c i a l o r d e r aP*
p lic a b le to a n e a r l ie r d a te .
I , t h e r e f o r e , m o v e t h a t t h e p o s ta ^
s a v i n g s - b a n k b i ll b e m a d e t h e s p e c i a l o r d e r f o r t h e s e c o n d M o n ­
d a y in D e ce m b er.
M r . H A L E . T h a t d o e s n o t i n t e r f e r e w i t h t h e s p e c ia l o r d e
a lre a d y m a d e ?
M r. C A R T E R . N o.
T h e V IC E -P R E S ID E N T . T h e S e n a to r fro m M o n ta n a m oves
t h a t t h e b i l l ( S . G 4 S 4) t o e s t a b l i s h p o s t a l s a v i n g s b a n k s f o r
d e p o s itin g s a v in g s a t in te r e s t, w ith th e s e c u rity o f th e G o v e rn ­
m e n t f o r r e p a y m e n t th e re o f, a n d f o r o th e r p u rp o s e s , b e m a d e
a s p e c ia l o r d e r f o r t h e s e c o n d M o n d a y i n D e c e m b e r .
...
M r. C U L B E R S O N . I a s k w h a t d a y o f th e m o n th t h a t w in
be?
T h e V I C E - P R E S I D E N T . T h e 1 4 th o f D e c e m b e r.
M r. H A L E . T h a t is a w e e k a f t e r C o n g re s s m e e ts .
.
M r . O V E R M A N . W h a t i s t h e e f f e c t o f a s p e c ia l o r d e r ? *
m e a n s t h a t th e b ill is to b e ta k e n u p f o r c o n s id e r a tio n , b
n o v o t e i s to b e h a d a t t h a t t im e , I u n d e r s t a n d .
T h e V I C E - P R E S I D E N T . T h a t i t i s s i m p ly t o b e m a d « * *
s p e c ia l o r d e r f o r t h a t d a y , a n d th e n i t is in th e c o n tro l o f
S e n a t e . T h e q u e s t i o n i s o n a g r e e i n g t o t h e m o ti o n o f j
S e n a to r fro m M o n ta n a .
[ P u ttin g th e q u e s tio n .!
T h e m o tio
i s a g r e e d to , t w o - t h i r d s o f t h e S e n a t o r s p r e s e n t h a v i n g v o te d
in fa v o r th e re o f.

NATIONAL FORESTS.
M r . B R A N D E G E E . I r e n e w m y m o ti o n .
, t
T h e V IC E -P R E S ID E N T . T h e S e n a to r fro m
Connecticut
moves that the S e n a t e p r o c e e d to the c o n s i d e r a t i o n of the m 1
( S . 4 S 2 5 ) for a c q u i r i n g n a t i o n a l forests in t h e Southern A P I311'
l a c l i i a n M o u n t a i n s a n d W h i t e M o u n t a in s .

6449

CONGRESSIONAL RECORD— SENATE.

1908

DISBURSEM
ENT O INDIAN FUNDS.
F
y . M r. O W E N

s u b m i t t e d t h e f o l lo w in g r e s o l u t i o n ,
c o n s id e re d b y u n a n im o u s c o n s e n t a n d a g re e d t o :

w h ic h

w as

R e s o l v e d , That the Secretary of the Treasury be. and he is hereby,
directed to transmit to the Senate a statement showing the amounts
In the Treasury of the United States to the credit of the Choctaw,
Chickasaw, Cherokee, Creek, and Seminole tribes of Indians on June
28, 1808, and what amounts, if any, have been added to and disbursed
'feom the said funds severally since said date.
LISTS O CLAIM JUDG ENTS, A D A A D
F
S,
M
N W R S.

was read twice by its title and, on motion of
referred to the Committee on the Judiciary.

M r.

Depew, was

H . R . 21899. A n a c t p ro v id in g f o r th e a p p o in tm e n t o f a n
I n l a n d W a t e r w a y s C o m m is s io n , w i t h t h e v i e w t o t h e i m p r o v e ­
m e n t a n d d e v e lo p m e n t o f th e in la n d w a te r w a y s o f th e U n ite d
'S t a t e s , w h i c h w a s r e a d t w i c e b y i t s t i t l e a n d r e f e r r e d t o t h e
C o m m i t te e o n C o m m e r c e .

C M N B, C A D D TW
O PA IES
, N ,
ENTY-FIFTH INFANTRY.

M r. B U L K E L E Y . M r. P r e s id e n t, s e v e ra l d a y s a g o I g a v e
n o t ic e t h a t a t t h e c lo s e o f t h e m o r n i n g b u s i n e s s t o - d a y I w o u l d
M r. H A L E s u b m i t t e d t h e f o l lo w in g r e s o l u t i o n , w h i c h w a s a s k t h e S e n a t e t o t a k e u p f o r c o n s i d e r a t i o n S e n a t e b i ll 6 2 0 6 ,
c o n s id e re d by u n a n im o u s c o n s e n t a n d a g r e e d t o :
a n d i f i t i s p r o p e r to d o s o , I w i l l a s k t h a t i t b e l a i d b e f o r e t h e
S e n a te .
R e s o l v e d , That the Secretary of the Treasury be, and he is hereby,
directed to transmit to the Senate the following schedule and lists of
T h e V I C E - P R E S I D E N T . T h e C h a i r l a y s t h e b i ll b e f o r e t h e
claims, judgments, and awards requiring appropriations by Congress S e n a t e . I t w i l l b e r e a d b y t i t l e .
not heretofore reported to Congress at the present session, namely:
T h e Secretary. U n d e r R u l e I X , a b i ll ( S . 6 2 0 6 ) f o r t h e
First. Schedule of claims allowed by the accounting officers of the
Treasury under appropriations the balances of which have been ex­ r e l i e f o f c e r t a i n f o r m e r m e m b e r s o f t h e T w e n t y - f i f t h R e g i m e n t
hausted or carried to the surplus fund under the provisions of section o f U n i t e d S t a t e s I n f a n t r y .
5 of the act of June 20, 1874.
,
. ,
T h e V I C E - P R E S I D E N T . I s t h e r e o b j e c t io n t o t h e r e q u e s t
Second. List of judgments rendered by the Court of Claims against
the United States.
„
, ,
o f th e S e n a to r fro m C o n n e c tic u t?
Third. List of judgments rendered by the Court of Claims in favor
M r . W A R R E N . I h a v e n o o b j e c t i o n t o file a t t h i s t i m e . I
of claimants and against the United States under the act to provide
for the adjudication and payment of claims arising from Indian depre­ r e s e r v e t h e p r i v il e g e .
dations, approved March 3, 1891.
.
M r. M c L A U R IN . W h a t is t h e re q u e s t?
Fourth. List of judgments rendered against the United States by
T h e V IC E -P R E S ID E N T . T h e re q u e s t is t h a t th e b ill m a y
the circuit and district courts of the United States under the act to
Provide for bringing suits against the Government of the United States, b e n o w c o n s i d e r e d .
approved March 3, 1887.
, m
„
M r. B U L K E L E Y . I w i l l s a y t o t h e S e n a t o r f r o m M i s s i s ­
. Fifth. List of awards made by the Spanish Treaty Claims Commis­
sion under the act to carry into effect the stipulations of Article \II s i p p i t h a t I a m n o t e x p e c t i n g t o h a v e a n y p a r t i c u l a r c o n s i d e r ­
of the treaty between the United States and Spain, concluded on the a t i o n o f t h e b i ll to - d a y . I w a n t t o m a k e s o m e r e m a r k s i n e x ­
10th day of December, 1898, approved M
arch 2, 1901.
p la n a tio n o f th e n o tic e I g a v e t h a t I w o u ld c a ll i t u p to -d a y
f o r c o n s id e ra tio n .
INDIAN D FR D T N C
E E A IO LAIM
S.
M r. M c L A U R I N .
So i t is c a lle d u p fo r th e p u rp o s e o f e n ­
M r. B A I L E Y s u b m i t t e d t h e f o l l o w i n g r e s o l u t i o n , w h i c h w a s
a b lin g th e S e n a to r to m a k e so m e r e m a r k s on i t?
c o n s id e r e d b y u n a n i m o u s c o n s e n t a n d a g r e e d t o :
M r. B U L K E L E Y . T h a t i s t h e p u r p o s e .
„ R e s o lv e d , That the Attorney-General be directed to transmit to the
T h e V I C E - P R E S I D E N T . W i t h o u t o b j e c t io n , t h e b i l l i s b e ­
Senate a list of judgments rendered by the Court of Claims in favor of
Claimants in Indian depredation cases requiring an appropriation by f o r e t h e S e n a t e .
Congress not heretofore reported.
M r. B U L K E L E Y . M r . P r e s i d e n t , o n t h e I 3 t h o f M a y I g a v e
THE H UE C N R N E
AG
O FE E C .
n o t i c e t h a t I w o u l d t h i s m o r n in g , a f t e r t h e c o n c l u s i o n o f t h e
M r. C U L L O M . I a s k t h a t S e n a t e d o c u m e n t N o . 4 4 4 , S Ix V .e th m o r n i n g b u s i n e s s , a s k t h e S e n a t e t o g i v e c o n s i d e r a t i o n t o
C o n g r e s s , f i r s t s e s s io n , b e in g t h e r e p o r t o f t h e S e c o n d I n t e r ­ t h i s b i ll , w h i c h w a s r e p o r t e d f r o m t h e C o m m i t t e e o n M i l i t a r y
n a t i o n a l P e a c e C o n f e r e n c e h e ld a t T h e H a g u e f r o m J u n e 1 5 A f f a i r s a d v e r s e l y , t h e r e b e in g a n o t h e r b i ll in r e g a r d t o t h e
s a m e s u b j e c t r e p o r t e d a d v e r s e l y f r o m t h e c o m m i tt e e . S e n a t o r s
^ O c t o b e r 18, 1907, b e r e p r in te d .
T h e V I C E - P R E S I D E N T . W i t h o u t o b j e c t io n , i t i s s o o r d e r e d . w i l l r e c a l l t h a t a f e w d a y s s i n c e b y a v e r y l a r g e v o t e t h e c o n ­
s id e r a tio n o f o n e o f th e s e b ills w a s p o s tp o n e d u n til D e c e m b e r
NATIONAL FOREST IN MINNESOTA.
n e x t.
I a m e m b a r r a s s e d s o m e w h a t t h is m o rn in g b y th e f a c t
T h e V I C E - P R E S I D E N T l a i d b e f o r e t h e S e n a t e t h e a m e n d ­ t h a t t h e S e n a t o r o n w h o s e m o tio n o n e o f t h e b i l l s w a s p o s tp o n e d ,
m e n ts o f t h e H o u s e o f R e p r e s e n t a t i v e s t o t h e b i l l ( S . 4 1 8 6 )
t h e s e n i o r S e n a t o r f r o m O h io [ M r . Foraker], i s s t i l l a b s e n t
c r e a t i n g in t h e S t a t e o f M i n n e s o t a a n a t i o n a l f o r e s t c o n s i s t i n g
fro m th e C h a m b e r th r o u g h in d is p o s itio n , a n d th e S e n a to r fro m
° f c e r ta in d e s c rib e d la n d s , a n d fo r o th e r p u rp o s e s .
M a s s a c h u s e t t s [ M r . Lodge], w h o I, u n d e r s t a n d d e s i r e s t o s p e a k
. T h e a m e n d m e n t s w e r e , o n p a g e 5, l i n e 7, a f t e r “ q u a r t e r , ” to o n t h i s q u e s t io n , i s s t i l l d e t a i n e d f r o m t h e C h a m b e r b y r e a s o n s
m s e r t “ q u a r t e r ; ” p a g e 8, l i n e 2, a f t e r “ t h e , ” t o i n s e r t “ s a i d ; ” w e ll k n o w n t o a l m o s t e v e r y S e n a t o r .
8, l in e 6 , a f t e r “ c o m m i s s i o n ,” t o i n s e r t “ o f t h r e e p e r I c o n t e n t e d m y s e l f t h e o t h e r d a y b y s i m p ly v o t i n g a g a i n s t t li e
“° h s ; ” p a g e
i iu e 12> s t r i k e o u t “ a n a g e n t ” a n d i n s e r t " a
p o s t p o n e m e n t o f t h e b i ll t h e n u n d e r c o n s i d e r a t i o n , S e n a t e b i ll
re p re s e n ta tiv e w h o s h a ll s e rv e w ith o u t c o m p e n s a tio n ; ” p a g e 5729. I t se e m e d to m e t h a t th e c o u rs e s u g g e s te d a n d t a k e n w a s
J." H u e 1 6, t o s t r i k e o u t “ M a y ” a n d i n s e r t “ J u n e ; ” p a g e 12, o n e t h a t w o u ld n o t c o m m e n d i t s e l f t o t h e p e o p le o f t h e c o u n t r y ,
llu e U a f t e r “ s a l e s , ” to i n s e r t “ m a d e b y t h e S e c r e t a r y o f t h e
a n d t h e m o r e I h a v e g iv e n i t c o n s i d e r a t i o n a n d s e e n i t c o m ­
i n t e r i o r a s ; ” p a g e 1 2 , l i n e 1 9 , a f t e r “ a p p r o p r i a t e d , ” t o i n s e r t m e n t e d u p o n in t h e p r e s s o f t h e c o u n t r y t h e m o r e I h a v e b e c o m e
a n d n o c o m m i s s i o n e r s h a l l b e p a i d f o r m o r e t h a n t e n d a y s ’ c o n v in c e d , in v ie w o f a l l t h e c i r c u m s t a n c e s a n d t h e i n v e s t i g a ­
s e r v i c e ; ” t o s t r i k e o u t a l l o f s e c ti o n 8 a n d i n s e r t :
t i o n s t h a t h a v e g o n e o n f o r t h e p a s t t w e l v e o r e ig h t e e n m o n t h s
b in T r . 8. That nothing in this act contained shall in any manner in r e g a r d t o t h i s m a t t e r , t h a t , w i t h o u t c r i t i c i s i n g t h e a c t i o n o f
exou i S Doited States to purchase any of the land in said reservations
lan,i od Irom the reserve created by this act, or to dispose of said t h e S e n a te , t h e p r o p e r c o u r s e f o r t h i s b o d y to p u r s u e w a s t o
LeiCi pt as Provided by the act of January 14, 1889, entitled “An t a k e s o m e a c t i o n a t t h e p r e s e n t s e s s io n .
C
I w o u ld c a l l t o t h e a t t e n t i o n o f t h e S e n a t e o n e o r tw o f a c t s .
of \t-r tae relief and civilization of the Chippewa Indians in the State
an n?n#sotaj” and an act of June 27, 1902, entitled “An act to amend T h e C o m m i t te e o n M i l i t a r y A f f a i r s o f t h i s b o d y h a v e h a d t h i s
St-2.ct . . tae relief and civilization of the Chippewa Indians in the s u b j e c t u n d e r i n v e s t i g a t i o n f o r a b o u t e i g h t e e n m o n th s . T h e y
to
i Minnesota." or the provisions of this act; or to guarantee
Inton.i Purchasers for said lands or any portion thereof, It being the h a v e g iv e n t h e m a t t e r m o s t c a r e f u l c o n s i d e r a t i o n , a n d o n s o m e
sail i o f th is act t h a t the United States shall act as trustee for t h i n g s in m a k i n g t h e i r r e p o r t t h e y e n t i r e l y a g r e e . T h e e n t i r e
to i, n lians to dispose of the said lands and the timber thereon, and c o m m i tt e e a g r e e o n a t l e a s t o n e p o i n t, w h i c h I w i l l c a l l t o t h e
<
recu • ?se °* the proceeds thereof, as provided in said acts, only when
"ea from the sale of the timber and the lands, as herein provided. a t t e n t i o n o f t h e S e n a t e . O n p a g e 2 4 o f t h e r e p o r t n i n e m e m ­
b e r s o f t h e c o m m i tt e e f o u n d a s f o l l o w s :
a ^ ,U1 t o a m e n d t h e t i t l e s o a s t o r e a d : “ A n a c t a m e n d i n g t h e
That the testimony fails to identify the particular soldier or soldiers
o f J a n u a r y 1 4, 1 8 8 9 , a n d a c t s a m e n d a t o r y t h e r e o f , a n d f o r
who participated in the shooting affray at Brownsville, Tex., on the
O th e r p u r p o s e s . ”
night of August 13-14, 1906.
M r- C L A P P . I m o v e t h a t t h e S e n a t e c o n c u r i n t h e H o u s e
A n d o n p a g e 29 o f th e r e p o r t th e o th e r f o u r m e m b e rs o f th e
a m e n d m e n ts.
c o m m i tt e e f o u n d t h e s a m e c o n d it i o n , a s f o l l o w s :
T h e m o tio n w a s a g r e e d to .
1 The testimony wholly fails to identify the particular individuals,

FINANCIAL C M ISSIO
O M
N.
M r. d n P O N T . M r . P r e s i d e n t , I g i v e n o t ic e t h a t o n T h u r s k , f . m o r n in g n e x t , a f t e r t h e c o n c l u s i o n o f t h e r o u t i n e m o r n in g
■ •ness, I w i l l a d d r e s s t h e S e n a t e o n S e n a t e b i l l G465, t o c re o a f i n a n c ia l c o m m is s io n ,

or any of them, who participated in the shooting affray that occurred
a- Brownsville, Tex., on the night of August 13-14, 190G
*
.

th e

S o on th is f a c t o f a n a b s o lu te I n a b ility to id e n tify a n y in ­
d i v i d u a l c o n n e c te d w i t h t h e a f f r a y t h e e n t i r e C o m m i t te e o n
M ilita ry A ffa irs a r e a g re e d , a s fo u n d in t h is re p o rt.
E i g h t m e m b e r s o f t h e c o m m i tt e e a g r e e o n a n o t h e r f in d in g ,
w h ic h I w ill a ls o r e a d . T h e f in d in g b y f o u r m e m b e r s o f t h e
c o m m i tt e e i s f o u n d o n p a g e 26, a s f o l l o w s :

tn i1 .
S t a t o s t i l e r i &] lt t0 r e c e iv e f r o m i t c o m p e n s a ti o n f o r
J u rie s s u s ta in e d in th e c o u rs e o f t h e i r e m p lo y m e n t, w h ic h

In the present case, however, it would seem but justice to restore to
ail the innocent men of these companies the rights and p riv ile g es (vbjcb

HOUSE BILLS REFERRED.

v

J R . 21844. A n

act




g ra n tin g

to

c e rta in

e m p lo y e e s

of

I 41* I
S

6450

CONGRESSIONAL RECORD— SENATE.

had accrued to them by reason of their previous service In the Army,
and of which they will be permanently deprived unless their former
status shall be restored by legislation, for the reason that under exist­
ing statutes the time has already expired in which they could have reenlisted and secured the benefits of their prior service had they been
honorably discharged because of the expiration of their several terms
of enlistment.

6'0\n v ong.j

A n d o n p a g e 2 9 f o u r o t h e r m e m b e r s o f t h e c o m m i tt e e f o u n d
t h e s a m e c o n d it i o n , i n t h e f o l lo w in g l a n g u a g e :




Whereas the testimony shows beyond a reasonable doubt that what­
ever may be the fact as to who did the shooting, many of the men so
discharged were innocent of any offense in connection therewith; there­
fore it is, in our opinion, the duty of Congress to provide by appro­
priate legislation for the correction of their record and for their re­
enlistment and reinstatement in the Army, and for the restoration to
them of all the rights of which they have been deprived, and we so
recommend.
T h e P r e s id e n t, w h o is s u e d th e o r ig in a l o r d e r d is c h a r g in g th e
tro o p s , o r by w h o se o r d e r th e tro o p s w e re d is c h a rg e d by th e ir
c o m m a n d in g o ffic e r, s t a t e s i n h i s m e s s a g e t o C o n g r e s s u n d e r
d a te o f M a rc h 1 1 :

The Senate committee intrusted with the work has now completed its
investigation, and finds that the facts upon which my order of dis­
charge of November 9, 1906, was based are substantiated by the evi­
dence. The testimony secured by the committee is therefore now avail­
able, and I desire to revive the order of December 12, 1906, and to
have it carried out in whatever shape may be necessary to achieve the
purpose therein set forth ; any additional evidence being taken which
may be of aid in the ascertainment of the truth. The time limit during
which it was possible to reinstate any individual soldier in accordance
with the terms of this order has, however, expired. I therefore recom­
mend the passage of a law extending this time limit, so far as the sol­
diers concerned are affected, until a year after the passage of the law.
So S e n a to r s w ill see t h a t e v e n th e P r e s id e n t, w h o is s u e d th e
o r i g i n a l o r d e r o f d i s c h a r g e , h a s p e r h a p s b e c o m e c o n v in c e d t h a t
t h e r e a r e m e n in t h e b a t t a l i o n w h o w e r e d i s m is s e d b y h i s o r d e r
w h o a r e e n title d to so m e c o n s id e ra tio n , f o r I c a n se e n o o th e r
r e a s o n w h y t h e P r e s i d e n t in h i s m e s s a g e t o C o n g r e s s s h o u l d
r e c o m m e n d t h e e x te n s i o n f o r a y e a r o f t h e c o n s i d e r a t i o n o f t h e
re s to ra tio n o f a n y o f th e m en.
E i g h t m e m b e r s o f t h e c o m m i tt e e , a f t e r h e a r i n g a l l t h e e v i ­
d e n c e p ro d u c e d in th is m a tte r , h a v e p r a c tic a lly jo in e d w ith th e
P r e s i d e n t in r e c o m m e n d i n g l e g i s l a t i o n o f t h e c h a r a c t e r i n d i ­
c a te d , a n d , if I a m c o rre c tly in fo rm e d , th e o th e r m e m b e rs o f
t h e C o m m i t te e o n M i l i t a r y A f f a i r s w e r e n o t i n f a v o r o f a n y le g ­
i s l a t i o n w h a t e v e r . I f I a m i n c o r r e c t i n t h a t , I s h o u l d l ik e to
be c o rre c te d , b u t t h a t is m y u n d e r s ta n d in g .
M r , P r e s i d e n t , i t s e e m s to m e t h e r e i s e v e r y r e a s o n w h y C o n ­
g r e s s a t t h i s s e s s io n o u g h t t o h a v e t a k e n u p a n d d i s p o s e d o f
th is m a tte r.
J u s t i c e d e l a y e d u n n e c e s s a r i l y lo n g l o s e s a l l i t s
e ffic ie n c y a n d v i n d i c a t i o n p o s t p o n e d l o s e s a l l i t s c h a r m s . A f t e r
a ll th e in v e s tig a tio n s , w h ic h h a v e b e e n th o r o u g h a n d h a v e
p ro b e d th e m a tte r to th e d e e p e s t e x te n t, i t s e e m s to m e t h a t th e
S e n a t e i s a s w e ll p r e p a r e d t o - d a y a s i t e v e r w i l l b e t o p a s s u p o n
t h is m a t t e r a n d to fin a lly d is p o s e o f it. I c a n see m y s e lf no
q u e s t io n e v e n o f e x p e d ie n c y , o r w h a t e v e r y o u m a y c a l l i t, t h a t
s t a n d s i n t h e w a y o f j u s t i c e t o m a n y i n n o c e n t m e n b e in g r e n ­
d e r e d w i t h o u t f u r t h e r d e la y .
I d o n o t l i k e t o a s k a t t h i s t im e , a n d I s h a l l n o t t h i s m o r n in g
a s k t h a t t h e b i l l b e t a k e n u p f o r c o n s i d e r a t i o n . I f t h e s e s s io n
s h o u l d b e p r o lo n g e d t o a n o t h e r w e e k a n d t h e S e n a t o r f r o m
O h io , o n w h o s e m o tio n t h e m a t t e r w a s p u t o v e r , s h o u l d r e t u r n
t o t h e S e n a te , a n d i f t h e S e n a t o r f r o m M a s s a c h u s e t t s s h o u l d
b e h e r e in t i m e t o d i s c u s s t h e m e a s u r e a s h e p r o p o s e s , I s h a l l
ta k e th e lib e r ty a t a la te r d a y to a s k th e S e n a te to g iv e th e
m a t t e r f u r t h e r c o n s id e ra tio n .
CONSIDERATION OF THE CALENDAR.
M r. N E L S O N . I m o v e t h a t t h e S e n a te p ro c e e d to t h e c o n ­
s id e ra tio n o f th e C a le n d a r u n d e r R u le V I I I .
M r. P A Y N T E R . M r . P r e s i d e n t ------M r. N E L S O N . I t h i n k t h e S e n a t o r f r o m K e n t u c k y c a n
b r i n g u p h i s m o ti o n a f t e r w e g o t o t h e C a l e n d a r , a n d I s u g g e s t
t h a t h e w i l l d e f e r i t n n t i l t h a t tim e .
M r. P A Y N T E R . T h e S e n a to r s u g g e s ts t h a t I w a it u n til th e
C a l e n d a r i s c a l l e d b e f o r e m o v in g t o t a k e u p t h e b i ll f r o m t h e
J u d i c i a r y C o m m itte e ?
M r. N E L S O N . W h e n w e a r e o n t h e C a le n d a r t h e S e n a to r
c a n m a k e t h e m o ti o n t h e n . I s u g g e s t t o h i m t h a t h e p o s tp o n e
i t u n t i l t h e b i ll i s r e a c h e d o n t h e C a l e n d a r .
M r. P A Y N T E R . I w o u l d p r e f e r t o m a k e t h e m o ti o n n o w ,
b u t I w ill w a it.
T h e V I C E - P R E S I D E N T . W i t h o u t o b je c tio n , t h e S e c r e t a r y
w ill a n n o u n c e t h e f i r s t b i ll o n t h e C a l e n d a r u n d e r R u l e V I I I .
M r. M c C R E A R Y . I d i d n o t h e a r t h e m o ti o n o f t h e S e n a t o r
f r o m M in n e s o ta . W a s i t t h a t w e s h o u l d p r o c e e d t o t h e c o n s i d ­
e ra tio n o f b ills u n d e r R u le V I I I ?
T h e V IC E -P R E S ID E N T . Y e s; u n d e r R u le V I I I .
M r. M cC R E A R Y . T h a t e m b ra c e s b ills n o t o b je c te d to ?
T h e V IC E -P R E S ID E N T . I t e m b ra c e s b ills n o t o b je c te d to .

Mat 18,

BILLS PASSED OVER.

T h e b i ll ( I I . R . 1 5 3 7 2 ) f o r t h e a ll o w a n c e o f c e r t a i n c la i m s
r e p o rte d b y th e C o u rt o f C la im s u n d e r th e p ro v is io n s o f th e
a c t s a p p r o v e d M a r c h 3, 1SS3, a n d M a r c h 3, 1 8 8 7 , a n d c o m m o n ly
k n o w n a s th e ' ‘ B o w m a n a n d T u c k e r a c ts ,” w a s a n n o u n c e d a s
f i r s t i n o r d e r o n t h e C a le n d a r ,
M r. N E L S O N . L e t t h e b i ll g o o v e r . I t w o u l d l e a d t o d i s ­
c u s s io n .
T h e V IC E -P R E S ID E N T . T h e b ill w ill g o o v e r a t th e r e ­
q u e s t o f th e S e u a to r fro m M in n e s o ta .
T h e j o in t r e s o lu tio n (S . R . 9 3 ) r e la tin g to th e re o rg a n iz a tio n
o f t h e N o r t h e r n P a c if i c R a i l r o a d C o m p a n y w a s a n n o u n c e d a s
n e x t in o rd e r.
M r. K E A N . L e t t h e j o in t re s o lu tio n go o v e r.
T h e V IC E -P R E S ID E N T . I t w ill go o v e r a t th e r e q u e s t o f
th e S e n a to r fro m N ew J e rs e y .
T h e b ill (S . 9 1 5 ) to p r e v e n t th e s a le o f in to x ic a tin g liq u o rs
i n b u i ld i n g s , s h i p s , n a v y - y a r d s , a n d p a r k s a n d o t h e r prem ises
o w n e d o r u se d b y th e U n ite d S ta te s G o v e rn m e n t w a s a n n o u n c e d
a s n e x t in o rd e r.
M r . N E L S O N . L e t t h e b ill g o o v e r .
T h e V I C E - P R E S I D E N T . T h e b i l l w ill g o o v e r a t t h e r e q u e s t
o f th e S e n a to r fro m M in n e s o ta .
COUBTS IN KENTUCKY.
T h e b i l l ( H . R . 1 4 3 8 2 ) to e s t a b l i s h a U n i t e d S t a t e s c o u r t a t
J a c k s o n , in t h e e a s t e r n d i s t r i c t o f K e n t u c k y , w a s a n n o u n c e d a s
n e x t in o r d e r.
M r . M c C R E A R Y . I o b j e c t t o t h e c o n s i d e r a t i o n o f t h e b ill.
I a s k t h a t i t m a y g o o v e r.
T h e V IC E -P R E S ID E N T . T h e se n io r S e n a to r fro m K e n tu c k y
o b j e c t s t o t h e p r e s e n t c o n s i d e r a t i o n o f t h e b ill.
M r. P A Y N T E R . T h e b i ll h a s been called on t h e C alen d ar
re g u la r ly , a n d I d e s ir e to h a v e i t c o n s id e re d . I a s k t h a t i t
b e c o n s i d e r e d n o t h w i t h s t a n d i n g t h e o b je c tio n .
M r. N E L S O N . W il l t h e S e n a t o r f r o m K e n t u c k y a l l o w m e to
su g g e st t h a t h e c a n m ove to ta k e it up ?
M r . P A Y N T E R . I m o v e t o t a k e u p t h e b i ll f o r c o n s i d e r a ti o n .
T h e V IC E -P R E S ID E N T . T h e j u n io r S e n a to r fro m K e n tu c k y
m o v e s t h a t t h e S e n a t e p r o c e e d t o t h e c o n s i d e r a t i o n o f t h e b ill.
M r. M c C R E A R Y . M r. P r e s i d e n t , t h i s i s a n i m p o r t a n t b ill.
I a s k t h e j u n i o r S e n a t o r f r o m K e n t u c k y to p l e a s e s t a t e t o t h e
S e n a t e w h a t h e r e l i e s o n to j u s t i f y t h e p a s s a g e o f t h e b ill. A
a m o p p o se d to a c tio n u p o n i t n o w , a n d I h a v e b e e n re q u e s te d by
th e U n ite d S ta te s c ir c u it ju d g e a n d th e U n ite d S ta te s d is tr ic t
a t t o r n e y t o s a y t h a t t h e r e i s n o n e c e s s i t y f o r a n o t h e r c o u r t in
th e e a s te r n d i s t r ic t o f K e n tu c k y . P e r h a p s th e ju n io r S e n a to r
c a n e n l i g h t e n u s o n t h i s p o i n t. I w o u ld b e g l a d t o h a v e h im
s t a te to th e S e n a te w h a t h e r e lie s u p o n to ju s tif y th e p a s s a g e
o f t h e b i ll .
.. . .
M r . P A Y N T E R . I u n d e r s t a n d t h e m o tio n t o t a k e u p t h e b i u
f o r c o n s id e ra tio n is n o t d e b a ta b le .
, T h e V IC E -P R E S ID E N T . I t is n o t d e b a ta b le .
M r . P A Y N T E R . r w i l l t a k e p l e a s u r e i n g i v i n g t h e S e n a te
t h e r e a s o n s w h y t h e b i ll o u g h t t o b e c o m e a l a w w h e n i t r e a c h e s
th e s ta g e w h e r e i t c a n b e d e b a te d .
T h e V IC E -P R E S ID E N T . T h e q u e s tio n is o n a g re e in g to tn e
m o ti o n o f t h e S e n a t o r f r o m K e n t u c k y [ M r . P a y n t e r ].
T h e m o ti o n w a s a g r e e d to , a n d t h e S e n a te , a s in C o m m itte e
o f t h e W h o le , p r o c e e d e d t o c o n s i d e r t h e b i ll , w h i c h w a s r e a d .
M r. B U R K E T T . M r . P r e s i d e n t , I c o u ld n o t e x a c t l y c a t c h
t h e m e a n i n g o f t h e b i ll b y h e a r i n g i t r e a d , a n d I s h o u l d v e r y
m u c h l ik e t o h a v e t h e S e n a t o r f r o m K e n t u c k y [ M r . P a y n t e b J.
w h o h a s m o v e d i t s c o n s i d e r a t i o n , e x p l a i n t h e b i ll .
^
«
M r. P A Y N T E R . I t is a b i ll p r o p o s i n g t o e s t a b l i s h a U n i t e d
S ta te s c o u rt a t Ja c k so n , K y.
M r. M c C R E A R Y . M r. P r e s id e n t, I s h o u ld lik e to h a v e th e
S e n a to r fro m K e n tu c k y g iv e h is re a s o n s f o r w a n tin g to e s ta b ­
l i s h a n o t h e r U n i t e d S t a t e s c i r c u i t c o u r t In K e n t u c k y . W e h a v e
n i n e p l a c e s n o w w h e r e U n i t e d S t a t e s c o u r t s a r e h e ld .
Ah
U n ite d S ta te s c ir c u it ju d g e f o r th e e a s te r n d i s t r ic t o f K e n tu c k y
h a s w r itte n m e t h a t h e d o e s n o t th in k a n o th e r U n ite d S ta tw
c o u r t i s n e c e s s a r y in t h e e a s t e r n d i s t r i c t o f t h a t S t a t e , a n d tu
U n ite d S ta te s d is tr ic t a tto r n e y f o r th e s a m e d is tr ic t h a s a
w r i t t e n m e t h a t h e d o e s n o t t h i n k a n o t h e r c o u r t is n e c e s s a r y
in t h a t d is tric t.
I s h o u l d l ik e , t h e r e f o r e , t o h a v e t h e J UI*
S e n a to r fro m K e n tu c k y sh o w t h a t th e e s ta b lis h m e n t o f sa c b
c o u rt is n e c e s s a ry .
I s h o u l d l i k e t o h e a r f r o m h im o n t n
p o i n t. I d e s i r e t o d o w h a t i s r i g h t r e g a r d i n g t h e s e c o u r t s
K e n tu c k y , a n d t h a t is th e r e a s o n I d e s ir e to h e a r fro m
J
c o ll e a g u e o n t h a t s u b j e c t .
, t0
M r . P A Y N T E R , M r. P r e s i d e n t , I a m v e r y g la d , in d e e d . ‘
h a v e t h e o p p o r t u n i t y t o g iv e t h e s e n i o r S e n a t o r f r o m K e n , . ij
[Mr. McCreary] a n d a l s o t h e S e n a t e t h e r e a s o n s w h y t l 115
s h o u l d b e c o m e a la w . J a c k s o n i s t h e c o u n ty s e a t o f B r e a t n

1908.

CONGRESSIONAL RECORD— SENATE.

B u t th e jo k e r in t h is s e c tio n — If I m a y u s e s u c h a te r m — is
to b e fo u n d h e re , a n d I w a n t th e a tte n tio n o f th e S e n a to r fro m
U t a h to t h i s c o n s i d e r a t i o n o f t h e a m e n d m e n t ------M r. N E L S O N . M r . P r e s i d e n t ------T h e V IC E -P K E S ID E N T . D o e s th e S e n a to r fro m Id a h o y ie ld
to t h e S e n a t o r f r o m M i n n e s o t a ?
M r . H E l 'B U R N . C e r t a i n l y .
M r. N E L S O N . I w o u ld s u g g e s t to t h e S e n a to r fro m U ta h
[ M r . Smoot] t h a t t h e c o n f e r e n c e r e p o r t b e w i t h d r a w n , i n o r d e r
t h a t h e a n d th e S e n a to r fro m Id a h o m a y c o n fe r a b o u t th is
m a tte r, if t h a t is s a tis fa c to ry .
M r. H E Y B U R N . I d o n o t c a r e w h a t b e c o m e s o f I t, s o t h a t
i t is n o t a d o p te d .
*
M r. N E L S O N . I t m a y b e t h a t t h e S t a t e o f I d a h o c o u ld b e
e li m in a t e d , a n d I p r f p i u u e i f t h a t i s t h e c a s e ------M r. H E Y B U R N . T h a t w i l l t e r m i n a t e t h e d i s c u s s i o n so f a r
a s I a m c o n c e rn e d .
M r. N E L S O N . I s u g g e s t t h a t p r o p o s i t i o n t o t h e S e n a t o r f r o m
Id a h o .
M r. S M O O T . I m o v e t h a t t h e r e p o r t b e w ith d r a w n te m ­
p o ra rily .
M r. K E A N . T h e r e p o r t c a n o n ly b e w i t h d r a w n b y u n a n i ­
m ous c o n se n t
M r. H E Y B U R N . I t t a k e s u n a n i m o u s c o n s e n t.
M r. S M O O T . W e ll, I a s k u n a n i m o u s c o n s e n t, M r . P r e s i d e n t ,
th a t th e r e p o rt be w ith d r a w n te m p o ra rily .
T h e V IC E -P R E S ID E N T . T h e S e n a to r fro m U ta h a s k s u n a n i­
m ous c o n se n t th a t th e c o n fe re n c e re p o rt b e te m p o ra rily w ith ­
d ra w n .
M r. H E Y B U R N . W i t h t h e u n d e r s t a n d i n g t h a t i t w i l l n o t b e
c a lle d u p a g a i n t o - d a y .
M r. S M O O T . W i t h t h e u n d e r s t a n d i n g t h a t i t w i l l n o t b e
c a lle d u p a g a i n t o - d a y , u n l e s s t h a t c o u r s e i s s a t i s f a c t o r y t o t h e
S e n a to r .
T h e V IC E -P R E S ID E N T . T h e r e p o r t is te m p o r a r ily w ith ­
d ra w n .

6461

LANDS A C R O A R Y ALA A
T OD V A ,
SK .
M r. N E L S O N . I a s k f o r t h e p r e s e n t c o n s id e ra tio n o f a n ­
o t h e r b i l l r e l a t i n g t o A l a s k a , b e in g t h e b i l l ( S . 6 4 1 8 ) a u t h o r i z ­
in g th e s a le o f la n d s a t th e h e a d o f C o rd o v a B a y , in th e T e r r i­
to r y o f A la s k a , a n d f o r o th e r p u rp o se s.
M r. K E A N . I s h a l l h a v e t o o b j e c t t o t h a t b ill.
T h e V IC E -P R E S ID E N T . O b je c tio n is m a d e .
MESSAGE FROM THE HOUSE.

A m e s s a g e fro m t h e H o u s e o f R e p r e s e n ta tiv e s , b y M r. W . J .
Browning, i t s C h i e f C l e r k , a n n o u n c e d t h a t t h e S p e a k e r o f t h e
H o u s e h a d a p p o i n t e d M r. Sims o f T e n n e s s e e a c o n f e r e e o n
th e p a r t o f th e H o u s e o n t h e d is a g r e e in g v o te s o f th e tw o
H o u s e s o n th e a m e n d m e n ts o f th e S e n a te to th e b ill ( H . R .
2 0120) to a u th o r iz e th e c o n s tr u c tio n o f a r a ilr o a d s id in g to th e
U n ite d S ta te s n a v y -y a rd , a n d f o r o th e r p u rp o se s, in p la c e o f
M r . Murphy, r e li e v e d .
T h e m e s s a g e a ls o a n n o u n c e d t h a t t h e H o u s e h a d p a s s e d th e
b i ll ( S . 5 6 1 7 ) a u t h o r i z i n g t h e S e c r e t a r y o f t h e N a v y t o a c c e p t
a n d c a r e f o r g if ts p r e s e n te d to v e s s e ls o f th e N a v y o f th e U n ite d
S ta te s .
T h e m essag e f u r th e r a n n o u n ce d th a t th e H o u se h a d d is ­
a g re e d to th e a m e n d m e n ts o f th e S e n a te to th e b ill ( H . R .
15641) f o r th e re m o v a l o f re s tr ic tio n s fro m p a r t o f th e la n d s
o f a l l o t t e e s o f t h e F i v e C i v il i z e d T r ib e s , a n d f o r o t h e r p u r ­
p o s e s ; a s k s a c o n fe re n c e w ith th e S e n a te o n th e d is a g re e in g
v o t e s o f t h e t w o H o u s e s t h e r e o n , a n d h a d a p p o i n t e d M r . S her­
man, M r . Knapp, a n d Mr. Stephens o f T e x a s m a n a g e r s a t t h e
c o n fere n ce o n th e p a r t o f th e H o u se.
T h e m e s s a g e a ls o a n n o u n c e d t h a t th e H o u s e h a d p a s s e d t h e
f o l lo w in g b i l l s a n d j o i n t r e s o l u t i o n , i n w h i c h i t r e q u e s t e d t h e
c o n c u rre n c e o f th e S e n a te :
II. R . 21884. A n a c t g r a n tin g a n a n n u ity to J e n n ie C a rro ll
a n d to M ab el H . L a z e a r ;
I I . R . 21927. A n a c t to r e im b u rs e c e r ta in D e p a r tm e n ts o f th e
G o v e r n m e n t f o r e x p e n s e s i n c u r r e d i n c i d e n t t o t h e r e c e n t f ir e
COAL LANDS IN ALASKA.
in C h e ls e a , M a s s ., a n d f o r o t h e r p u r p o s e s ; a n d
H . J . R e s . 176. J o i n t re s o lu tio n p r o v id in g f o r th e p r i n ti n g o f
M r. A L D R I C H . I m o v e t h a t t h e S e n a t e a d j o u r n .
M r. N E L S O N . I s h o u l d l i k e t o h a v e t h e S e n a t o r w i t h h o l d i t h e S p e c ia l R e p o r t o n t h e D i s e a s e s o f C a t t l e .
h a t m o tio n f o r a m o m e n t i n o r d e r t h a t I m a y a s k f o r t h e c o n - ■
HOUSE BILLS REFERRED.
d e r a t i o n o f a b ill w h ic h w ill n o t o c c a sio n d e b a te ,
H . R . 21884. A n a c t g r a n tin g a n a n n u ity to J e n n ie C a r r o ll a n d
a h u i’ A L D R T C H . T h e S e n a t o r f r o m M i n n e s o t a s a y s h e h a s : t o M a b e l H . L a z e a r w a s r e a d t w i c e b y i t s t i t l e a n d r e f e r r e d to
an
^ **€ < le s lre s
h a v e c o n s i d e r e d w h i c h w i l l n o t g i v e r i s e t o t h e C o m m i t te e o n P e n s i o n s .
y d e b a t e , a n d I t h e r e f o r e w i t h d r a w t h e m o ti o n t o a d j o u r n .
H . R . 2 1 0 2 7 . A n a c t to r e i m b u r s e c e r t a i n D e p a r t m e n t s o f t h e
\r
E E A N- I f w i l l n o t b e o b j e c t e d t o ?
G o v e r n m e n t f o r e x p e n s e s i n c u r r e d i n c i d e n t t o t h e r e c e n t f ir e
r , r * N E L S O N . I d o n o t t h i n k so . I t i s a b i l l r e l a t i n g t o t h e
i n C h e ls e a , M a s s ., a n d f o r o t h e r p u r p o s e s , w a s r e a d t w i c e b y
c° a l d e p o s i t s i n A l a s k a .
its title .
m if’ K E A N . V e r y w e ll.
M r, K E A N . M r . P r e s i d e n t , t h e S e n a t o r f r o m M a s s a c h u s e t t s
i h e V IC E -P R E S ID E N T . T h e S e n a to r fro m R h o d e Is la n d
[ M r . Crane ] i s v e r y m u c h i n t e r e s t e d i n t h a t b ill, a n d I s h o u l d
u n d r a w s h i s m o ti o n .
l i k e t o h a v e i t r e f e r r e d t o t h e C o m m i t te e o n A p p r o p r i a t i o n s .
M r. A L D R I C H . I w i t h d r a w t h e m o ti o n f o r t h a t p u r p o s e .
T h e V I C E - P R E S I D E N T . T h e b i ll w i l l b e r e f e r r e d t o t h e
M r. N E L S O N . I a s k u n a n i m o u s c o n s e n t f o r t h e p r e s e n t c o n - C o m m i t te e o n A p p r o p r i a t i o n s .
d e r a tio n o f th e b ill ( S . 6 8 0 5 ) to e n c o u ra g e th e d e v e lo p m e n t o f
H . J . R e s . 176. J o i n t r e s o l u t i o n p r o v i d i n g f o r t h e p r i n t i n g o f
®hl d e p o s i ts i n t h e T e r r i t o r y o f A l a s k a .
I w i s h t o s a y t h a t t h e S p e c ia l R e p o r t o n t h e D i s e a s e s o f C a t t l e w a s r e a d t w i c e b y
“ a t b i ll h a s b e e n p r e p a r e d b y t h e D e p a r t m e n t o f t h e I n t e r i o r i t s t i t l e a n d r e f e r r e d t o t h e C o m m i t te e o n P r i n t i n g .
n u m e e ts w ith th e a p p r o v a l o f th e S e c r e ta r y o f th e I n te r io r .
LANDS OF THE FIVE CIVILIZED TRIBES.
M r. K E A N . I w a n t t o s a y , M r . P r e s i d e n t , t h a t I t h i n k t h e
‘M r d s e c tio n o f t h a t b i l l s h o u l d h a v e n o p l a c e i n a n y l a w e n - i / T h e V I C E - P R E S I D E N T l a i d b e f o r e t h e S e n a t e t h e a c t i o n
a c te d b y C o n g r e s s .
A o f th e H o u s e o f R e p re s e n ta tiv e s d is a g re e in g to th e a m e n d m e n ts
i h e V l C E - P R E S f D E N T . I s t h e r e o b j e c t io n t o t h e p r e s e n t o f t h e S e n a t e t o t h e b i ll ( H . R . 1 5 6 4 1 ) f o r t h e r e m o v a l o f r e ­
s tr ic tio n s fro m p a r t o f th e la n d s o f a llo tte e s o f th e F iv e
c° h s id e r a tio n o f th e b ill?
/
■Liiore b e in g n o o b j e c t io n , t h e S e n a t e , a s in C o m m i t t e e h i t h e C i v il i z e d T r i b e s , a n d f o r o t h e r p u r p o s e s , a n d r e q u e s t i n g a c o n ­
f e re n c e w ith th e S e n a te o n th e d is a g r e e in g v o te s o f th e tw o
d o le , p r o c e e d e d t o c o n s i d e r t h e b i ll .
/
i h e V I C E - P R E S I D E N T . T h e p e n d in g q u e s t i o n i s o n t h e H o u s e s t h e r e o n .
M r. C L A P P . I m o v e t h a t t h e S e n a t e i n s i s t u p o n i t s a m e n d ­
* ® e n d m o n t r e p o r t e d b y t h e C o m m i t te e o n P u b l i c L a n d s i n t h e
m e n ts , a g r e e to th e c o n fe re n c e a s k e d f o r b y th e H o u s e o f R e p ­
m a tu r e o f a s u b s t i t u t e , w h i c h h a s h e r e t o f o r e b e e n r e a d ,
r e s e n ta tiv e s , a n d t h a t th e c o n fe re e s o n th e p a r t o f th e S e n a te
i h e a m e n d m e n t w a s a g r e e d to .
i h e b ill w a s r e p o r t e d t o t h e S e n a t e a s a m e n d e d a n d t h e , b e a p p o i n t e d b y t h e C h a i r .
T h e m o tio n w a s agreed to , a n d M r. Owen, M r Clapp, a n d M r.
l e n d m e n t w a s c o n c u r r e d in .
Curtis w e r e a p p o i n t e d a s t h e c o n f e r e e s o n t h e p a r t o f t h e
a n i e 1)111 w a s o r d e r e d t o b e e n g r o s s e d f o r a t h i r d r e a d i n g .
S e n a te .
6 r e n d t h e t h i r d t im e .
POWER OP CONGRESS OVER TREATIES.

M r. T E L L E R . I w i l l I n q u i r e i f t h a t i s t h e b i l l w h i c h p a s s e d
M r. T E L L E R . M r . P r e s i d e n t , t h e q u e s t i o n h a s b e e n r a i s e d
® ° f h e r d a y a n d w a s re c o n s id e re d ?
I h e V I C E - P R E S I D E N T . T h i s b i l l w a s p a s s e d a n d r e c o n - ] a s t o t h e p o w e r o f C o n g r e s s to a b r o g a t e t r e a t i e s b y a n a c t i n ­
c o n s is te n t w ith th e tr e a ty .
I w o u ld lik e to s u b m it a b r ie f
4 ® e d o n a p r e v i o u s o c c a s io n .
M r. T E L L E R . I w a n t to k n o w w h e t h e r t h e h i l l i s s a t i s - , c o n t a i n i n g s o m e e x t r a c t s o f d e c i s i o n s o n t h a t s u b j e c t , a n d a s k
r ^ 't o r y t o t h e S e n a t o r f r o m C a l i f o r n i a { M r. F l i n t ] , w h o j t o h a v e i t p r i n t e d a s a d o c u m e n t , a n d a l s o t h a t i t b e p r i n t e d
in the Record.
“ ovw l t h a t th e v o te b y w h ic h i t p a s s e d b e re c o n s id e re d ?
T h e V I C E - P R E S I D E N T . W i t h o u t o b j e c t io n , i t i s s o o r d e r e d
M r. N E L S O N . T h e b i ll i s a s r e p o r t e d b y t h e S e n a t o r w i t h T h e m a t t e r r e f e r r e d to i s a s f o l l o w s :
a n y a m e n d m e n t.
M r. T E L L E R . T h e n I t i s a l l r i g h t .
That Congress can repeal a treaty with a foreign power by an a c t
I h e V I C E - P R E S I D E N T . T h e q u e s t i o n is , S h a l l t h e b ill can not be questioned, considering the many decisions of cases to that
effect. Such proceedings on the part of the courts can also be X
P ass?
I h e b i ll w a s p a s s e d .




fended upon the theory that a treaty is the supreme Jaw of the Inm
i
no more than that of a statute.
e lana

.




CONGRESSIONAL RECORD—SENATE.
In case of a conflict between the treaty and the statute the same
rule of interpretation is adopted that would be between statutes appar­
ently in conflict. The courts have no discretion and will not consider
whether the statute ought to have been enacted or not. The question
simply for the court is, Does a fair construction of the statute conflict
with the treaty?
, , , „, „
, ..
A court will not inquire what Congress intended by the act if the
words plainly import a conflict between the statute and the treaty.
Of course it is the duty of the court to reconcile a difference_ between
the statute and the treaty if that is consistent with the plain words
of the statute and treaty.
Repeals of statutes and abrogation of treaties are not favored by
implication, but where the language of the statute needs no explana­
tion or interpretation the court must enforce its meaning.
In the case of Chew Heong v . United States, in 112 United States,
page 549, speaking of a repeal by statute, the court says:
“ There must be a positive repugnancy between the provisions of the
new laws and those of the old, and even then the old law is repealed
by implication only pro tanto, to the extent of the repugnancy. ’
Again the court says:
“ It must appear that the later provision is certainly and clearly
in hostility to the former.”
In this case there was no controversy in the court as to the power
of Congress to repeal the treaty, but the question was whether Congress
had by its act repealed certain features of the treaty.
In the case of Ropes et al. v . Clinch (8th Blatchford, 304), the syl­
labus reads:
“ Congress may pass any law, otherwise constitutional, notwithstand­
ing it conflicts with an existing treaty with a foreign nation.
“ If an act of Congress is plainly in such conflict, a court can not
inquire whether, in passing such act, Congress had or had not an
intention to pass a law inconsistent with the provisions of the treaty.
“M
odes specified in which Congress may destroy the operative effect
of a treaty,” etc.
____
In the case of United States v . Lee Yen Tal (185 U. S., 221), the
court quotes from Whitney v . Robertson (124 U. S., 190, 194), as
follows:
“ By the Constitution a treaty is placed on the same footing and
made of the like obligation with an act of legislation. Both are de­
clared by that instrument to be the supreme law of the land, and no
superior efficacy is given to either over the other.”
In the case of W v. Race Horse (163 U. S., 511), M Justice
ard
r.
White, in delivering the opinion of the court, says:
“ That ‘ a treaty may supersede a prior act of Congress and an act
of Congress supersede a prior treaty,’ is elementary.” (Fong Yue
Ting v . United States, 149 U. S., 698; The Cherokee Tobacco, 11 W
all.,
616.)
In the cases of Thomas v . Gay and Gay v. Thomas (169 U. S.,
p. 271) M Justice Shlras, delivering the opinion of the court, says:
r.
“ It is well settled that an act of Congress may supersede a prior
treaty and that any questions that may arise are beyond the sphere of
judicial cognizance and must be met by the political department of the
Government.
“ ‘ It need hardly be said that a treaty can not change the Consti­
tution or be held valid if it be In violation of that instrument. This
results from the nature and fundamental principles of our Government.
The effect of treaties and acts of Congress when in conflict is not set­
tled by the Constitution. But the question is not involved in any
doubt as to its proper solution. A treaty may supersede a prior act of
Congress, and an act of Congress may supersede a prior treaty. (Fos­
ter v. N
’eilson, 2 Pet., 253, 314 ; Taylor v . M
orton, 2 Curtis, 454.)
“ ‘ In the cases referred to these principles were applied to treaties
with foreign nations. Treaties within Indian nations within the juris­
diction of the United States, whatever considerations of humanity and
good .faith may be involved and require their faithful observance, can
not be more obligatory. * * * In the case under consideration the
act of Congress must prevail as if the treaty were not an element to
be considered.’ (The Cherokee Tobacco, 11 Wall., 616.)
“ The President and two-thirds of the Senate assenting may make a
valid treaty, and it becomes the supreme law of the land, always pro­
vided that it is within the limit of the Constitution, but, although the
supreme law of the land, it is subject to be abrogated by an act of
Congress directly or by the enactment of a statute utterly inconsistent
with the treaty. (Note from Story.)
“Although a treaty Is the supreme law of the land, it is as much sub­
ject to repeal as any legislative act, and a subsequent act of Con­
gress conflicting with it has the effect to repeal it pro tanto. (Taylor
v . Martin, 2 Curtis C C., 454; Ropes v . Clinch, 8 B la tc h f o r d , 304;
.
Gray v. Clinton Bridge Co., 1 Woolworth, 150; United States v To­
bacco Factory, 11 Wall., 264.)
“A treaty expires with the death of the king who made it. (Yattell
pp. 203 to 216.)
In the Chinese Exclusion case (130 U. S., 589) Justice Field, deliver­
ing the opinion of the court, says:
“ The validity of the act is assailed as being in effect an expulsion
from the country of Chinese laborers, in violation of existing treaties
between the United States and the Government of China, and of rights
vested in them under the laws of Congress.”
«
•
*
*
*
•
*
O page 600 the court says:
n
“ Here the objection made is that the act of 1888 impairs a right
vested under the treaty of 1880, as a law of the United States and the
statutes of 1882 and of 1884 passed in execution of it. It must be
conceded that the act of 1888 is in contravention of express stipulations
of the treaty of 1868 and of the supplemental treaty of 1880, but it is
not on that account invalid or to he restricted in its enforcement. The
treaties were of no greater obligation that the act of Congress. By the
Constitution, laws made in pursuance thereof and treaties made under
the authority of the United States are both declared to be the supreme
law of the land, and no paramount authority is given to one over the
other. A treaty, it is true, Is in its nature a contract between nations
and is often merely promissory in its character, requiring legislation to
carry its stipulations into effect. Such legislation will be open to future
repeal or amendment. If the treaty operates by its own force and
relates to a subj'ect within the power of Congress, it can be deemed
in that particular only the equivalent of a legislative act, to be re­
pealed or modified at the pleasure of Congress. In either case the last
expression of the sovereign will must control.”
In the case of .1. Ribas y Hijo t> United States (vol. 194, p. 324)
.
the court (by Justice Harlan) says:
“ W may add that even if the act of M
e
arch, 1887, standing alone,
could be construed as authorising a suit of this kind, the plaintiff must
fail; for, it is well settled that in case of a conflict between an act

M a y 18,

of Congress and a treaty—each being equally the supreme law of the
land—the one last in date must prevail in the courts. (The Cherokee
Tobacco, 11 Wall., 616, 621; Whitney v . Robertson, 124, U. S.f 190,
194; United States v . Lee Yen Tai, 185 U. S., 213, 221.)
In the case of Grin v . Shine (vol. 187, p. 191) Justice Brown, deliver­
ing the opinion of the court, says:
“ But there is another consideration in this connection which should
not be overlooked. While the treaty contemplates the production of a
copy of a warrant of arrest or other equivalent document, issued by a
magistrate of the Russian Empire, it Is within the power of Congress
to dispense with this requirement, and we think it has done so by
Revised Statutes, section 5270, hereinbefore cited. The treaty is un­
doubtedly obligatory upon both powers, and, if Congress should pre­
scribe additional formalities than those required by the treaty, It might
become the subject of complaint by the Russian Government and of
further negotiations. B u t , n o tw i t h s t a n d i n g s u c h t r e a t y , C o n g r e s s h a s a
p e r f e c t r i g h t to p r o v i d e f o r t h e e x t r a d i ti o n o f cr im in a ls in i ts o ic n w a y ,
w it h o r icith o fit a t r e a t y to t h a t e f f e c t , a n d to d e c la r e t h a t f o r e i g n
c r im in a ls sh a ll b e s u r r e n d e r e d u p o n s u c h p r o o f s o f c r im in a lity as i t
m a y ju d g e s u f f i c i e n t
v.

(Castro De Uriarte, lfl Fed. Rep., 93.)
(Quotations from court s opinion in Castro v. De Uriarte cited above.
16 Fed. Rep., 97.)
“ Treaties duly ratified under the Constitution (Article VI) are doubt­
less a part of the supreme law of the land, and their stipulations and
obligations will not be deemed annulled by acts of mere general legisla­
tion which can be reasonably construed otherwise. (The Cherokee
Tobacco, 11 Wall., 616, 623; Taylor v. Morton, 2 Curt., 454; Ropes v.
Clinch. 8 Blatchf., 304. 309.)
“ But the mere fact that a treaty provides a mode of carrying out its
provisions in the absence of legislation can not make it incompetent for
Congress t o pass laws in aid of the treaty, and, in order to f a c i l i t a t e
the extradition of criminals, to dispense with a part of those prelimi­
naries which otherwise it might be necessary for the foreign government
to resort to.”
In the case of the Cherokee Tobacco (II Wallace, 616) M Justice
r.
Swayne, delivering the opinion of the court, said :
“ But conceding these views to be correct, it is insisted that the sec­
tion can not apply to the Cherokee Nation because it is In conflict with
the treaty. Undoubtedly one or the other must yield. The repug­
nancy is clear and they can not stand together.
“ The second section of the fourth article of the Constitution of the
United States declares that *this Constitution and the laws of toe
United States which shall be made In pursuance thereof, and all treaties w h ic h shall be made under the authority of the United States, snau
be the supreme law of the land.’
“ It need hardly be said that a treaty can not change the Constitu­
tion or be held valid if it be in violation of that instrument. This re­
sults from the nature and fundamental principles of our Government.
The effect of treaties and acts of Congress, when in conflict, is not set­
tled by the Constitution. But the question is not involved in any
doubt as to Its proper solution. A treaty may supersede a prior act o t
Congress (Foster & Elam v. Neilson, 2 Peters, 314) and an act of Con­
gress may supersede a prior treaty (Taylor v . Morton, 2 Curtis, 454 ;
The Clinton Bridge. 1 Wolworth, 155). In the cases referred to these
principles were applied to treaties with foreign nations. Treaties with
Indian nations within the jurisdiction of the United States, whatever
considerations of humanity and good faith may be involved and requur®
their faithful observance, can not be more obligatory, etc.”
United States Statutes at Large, volume 1, page 578. Chapter LXVII*
An act to declare the treaties heretofore concluded with France, no
longer obligatory on the United States.
W
hereas the treaties concluded between the United States and France
have been repeatedly violated on the part of the French Government*
and the just claims of the United States for reparation of tbeH’te
juries so committed have been refused, and their attempts to negotu
an amicable adjustment of all complaints between the two nations ha
been repelled with indignity; and
W
hereas, under authority of the French Government, there is .
pursued against the United States a system of predatory violence. *
fracting the said treaties and hostile to the rights of a free ana m
dependent nation:
Uc ft e n a c te d b y th e S e n a t e a n d H o u s e o f R e p r e s e n t a ti v e s ' OT
U n ite d S t a t e s o f A m e r ic a in Congress a s s e m b le d . That the United
are of right freed and exonerated from the stipulations of the trea
and of the consular convention heretofore concluded between
United States and France, and that the same shall not hencerortn regarded as legally obligatory on the Government or citizens oi
United States.
Approved, July 7, 1798.
mnrt
In the case of Taylor v . Morton, reported in Curtis’s Circuit
h0
Reports, volume 2, pages 454 to 464, M Justice Curtis, delivering
r.
opinion of the court, said:
n .
flJ
"* * • Several questions involved in this position require
.
ination. One of them, when stated abstractly, is this: If an 8C ,r.
*
Congress should levy a duty upon Imports, which an existing
cial treaty declares shall not be levied, so that the treaty is in c ,n a
with the act, does the former or the latter give the rule of decision i
judicial tribunal of the United States in a case to which one rule or
other must be applied.
“ The second section of the Fourth Article of the Constitution
‘ This Constitution, and the laws of the United States which snau
made in pursuance thereof, and all treaties made or which sna‘
made, under the authority of the United Slates, shall be rhe sUI hlcij
law of the land.* There is nothing in the language of this clause■» ^
enables us to say that in the case supposed the treaty and not to ^
of Congress is to afford the rule. Ordinarily treaties are not r”
scribed by sovereigns for the conduct of their subjects, but coni * ^
by which they agree to regulate their own conduct. This p r o v i j t
our Constitution has made treaties part of our municipal law. * uoU
r
has not assigned to them any particular degree of authority *
municipal law, nor declared whether laws so enacted shall or shaun n
paramount to laws otherwise enacted. No such declaration is
jjh
in respect to the Constitution itself. It is named iu conjunction gU
.
treaties and acts of Congress as one of the supreme laws, nut i » B
je
premacy is In terms assigned to one over the other. And when it ° ^
necessary to determine whether an act of Congress repugnant
^
Constitution could be deemed by the Judicial power an operative .
the solution of the question was found by considering th e nat" flted
objects of each species of law, the authority from which em* tJje
and the consequences of allowing or denying the paramount eneci o
Constitution. It is only by a similar course of inquiry that «
determine the question now under consideration.

f
4

*

CONGRESSIONAL RECORD— SENATE.

1908

m p n t. o f t h e S e n a t e n u m b e r e d 5 2 , a n d a g r e e t o t h e s a m e w i t h
a n a m e n d m e n t a s f o l l o w s : I n lie u o f t h e s u m i n s e r t e d b y s a i d
a m e n d m e n t in s e r t “ o n e h u n d re d a n d th ir ty - n in e th o u s a n d
se v e n h u n d r e d a n d te n d o l l a r s ; ” a n d th e S e n a te a g re e to th e
sa m e.
T h a t th e H o u s e re c e d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f th e S e n a te n u m b e r e d 54, a n d a g r e e to th e s a m e w ith
a n a m e n d m e n t a s f o llo w s : I n lie u o f th e s u m in s e r te d b y s a id
a m e n d m e n t i n s e r t “ o n e h u n d r e d a n d s e v e n ty -n in e th o u s a n d
se v e n h u n d r e d a n d te n d o l l a r s ; ” a n d th e S e n a te a g r e e to th e
sam e.
T h a t th e H o u s e re c e d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f t h e S e n a t e n u m b e r e d SO, a n d a g r e e t o t h e s a m e w i t h a n
a m e n d m e n t a s f o l l o w s ; I n l ie u o f ’ t h e s u m i n s e r t e d b y s a i d
a m e n d m e n t i n s e r t “ e le v e n m i l l i o n s i x h u n d r e d a n d s e v e n ty - t w o
th o u s a n d o n e h u n d r e d a n d s ix d o l l a r s ; ” a n d th e S e n a te a g re e
to t h e s a m e .

F. E. Warren,
Jonathan P. Dollivek,
H . D . M onet,

Managers on the part of the Senate.

Charles F. Scott,
Gilbert N. Haugen,
John Lamb,
Managers on the part of the House.
T h e r e p o r t w a s a g r e e d to .
REAR-ADMIRAL C. H. DAVIS.

M r. L O D G E .
I a m d ir e c te d b y th e C o m m itte e o n F o r e ig n
•H a la tio n s, t o w h o m w a s r e f e r r e d t h e b i ll ( S . 7 0 0 6 ) g r a n t i n g
P e r m is s io n t o R e a r - A d m i r a l C . H . D a v i s , U n i t e d S t a t e s N a v y , to
acc ep t a s ilv e r c u p a n d s a lv e r a n d a s ilv e r p u n c h b o w l a n d c u p s,
te n d e re d to h im b y th e B r itis h a n d R u s s ia n a m b a s s a d o r s , r e ­
s t i v e l y , in th e n a m e o f t h e ir G o v e rn m e n ts , to r e p o r t it fa v o rwithout a m e n d m e n t , a n d I s u b m i t a report ( N o . 0 7 6 ) there­
on 1 a s l i *o r
P r e s e n t c o n s i d e r a t i o n o f t h e b i ll ,
t h e S e c r e t a r y read the bill, and, t h e r e b e i n g n o o b j e c t io n ,
6 S e n a te , a s in C o m m i t t e e o f t h e W h o le , p r o c e e d e d t o i t s c o n a e r a tio n .
h i ll w a s r e p o r t e d t o t h e S e n a t e w i t h o u t a m e n d m e n t , o r t 0 b e e n g r o s s e d f o r a t h i r d r e a d i n g , r e a d t h e t h i r d t im e ,

n

U u passed.
Q

BRIDGES IN ALASKA.

to rt ^ ^ E S .
i a m d i r e c t e d b y t h e C o m m i t te e o n C o m m e r c e ,
A h S JOtn w a s f u r r e d t h e b i l l ( S . 7 1 1 1 ) f o r t h e r e l i e f o f t h e
a !,;.. a . T e r m i n a l a n d N a v i g a t i o n C o m p a n y , t o r e p o r t i t f a v o r I
a m e n d m e n ts , a n d I s u b m it a r e p o r t (N o . 6 7 7 ) th e re o n .
S t fo r its p r e s e n t c o n s id e ra tio n .
• u ie r e b e in g n o o b j e c t io n , t h e b i l l w a s c o n s i d e r e d a s i n C o m n h t t e e o f t h e W h o le .

6525

T h e c o m m i t t e e r e p o r t e d t o a m e n d t h e t i t l e so a s t o r e a d : “ A
b ill to a u th o r iz e th e c o n s tr u c tio n o f f o u r b rid g e s a c r o s s n a v ig a ­
b le w a t e r s in th e T e r r ito r y o f A la s k a .”
M r. K E A N . I t o u g h t t o r e a d : “ d i s t r i c t o f A l a s k a . ”
T h e V I C E - P R E S I D E N T . W i t h o u t o b j e c t io n , t h e t i t l e w i l l b e
s o a m e n d e d a n d t h e t i t l e a s a m e n d e d w i l l b e a g r e e to .

INLAND W TER A S CO M
A WY
M ISSIO
N.
M r . N E W L A N D S . I a m d i r e c t e d b y t h e C o m m i t te e o n C o m ­
m e r c e , t o w h o m w a s r e f e r r e d t h e b i ll ( H . R . 2 1 8 9 9 ) p r o v i d i n g
f o r t h e a p p o i n t m e n t o f a n I n l a n d W a t e r w a y s C o m m is s io n w i t h
t h e v ie w t o t h e i m p r o v e m e n t a n d d e v e l o p m e n t o f t h e i n l a n d
w a te r w a y s o f th e U n ite d S ta te s , to r e p o r t i t fa v o ra b ly w ith a n
a m e n d m e n t, s tr ik in g o u t a il a f t e r t h e e n a c tin g c la u s e a n d in ­
s e r tin g S e n a te b ill 7112, c o v e rin g th e s a m e s u b je c t- m a tte r . I
a s k u n a n im o u s c o n s e n t f o r th e c o n s id e ra tio n o f th e s u b s titu te
b i ll .
M r. B A C O N . I s u g g e s t to t h e S e n a to r t h a t t h i s is a n im ­
p o r ta n t m e a s u re a n d i t h a d b e tte r b e p r in te d . I p re s u m e th e r e
w ill b e n o o b s tru c tiv e m o v e m e n t o n th e p a r t o f a n y o n e , b u t I
w a n t t o lo o k i n t o t h e m e a s u r e .
M r. H O P K IN S . W e c a n n o t h e a r w h a t t h e S e n a to r s a y s .
M r, B A C O N . I t c a n n o t b e n o w d is c u s s e d , a s t h e S e n a to r
f r o m T e n n e s s e e [ M r . T aylor] has g i v e n n o t i c e t h a t h e w i l l
s p e a k t h i s m o r n in g .
M r. N E W L A N D S . I w is h to s a y t h a t tim e is o f t h e u tm o s t
im p o rta n c e in th e c o n s id e ra tio n o f t h is m e a s u re . T h e a m e n d ­
m e n t to H o u s e b ill 21899, in t h e n a t u r e o f a s u b s titu te , is
e m b r a c e d in S e n a t e b i ll 7 1 1 2 , w h i c h h a s b e e n p r e v i o u s l y r e ­
p o r te d to t h is b o d y a n d is o n th e C a le n d a r . So, b y th e in s p e c tio n
o f t h o s e t w o b i l l s i t w i l l b e e n t i r e l y p o s s ib l e f o r t h e S e n a t e t o
u n d e r s ta n d th e b ill w h ic h p a s s e d th e H o u s e ; a ls o th e b ill w h ic h
th e C o m m itte e o n C o m m e rc e p ro p o s e s to s u b s ti t u te f o r th e
H o u s e b ill. I a m e x c e e d i n g l y a n x i o u s t h a t t h i s m a t t e r s h o u l d
b e c o n s i d e r e d a s s o o n a s p o s s ib le , a s i t w i l l h a v e t o g o t o c o n ­
f e re n c e a n d tim e w ill b e r e q u ir e d f o r i t s d is p o s a l.
T h e V I C E - P R E S I D E N T . I s th e r e o b je c tio n to t h e p r e s e n t
c o n s id e ra tio n o f th e b ill?
M r. B A C O N . I t is im p o s s ib le to k n o w t h e c o n te n ts o f t h e
j m e a s u r e u n til i t h a s b e e n p r in te d . C o n s e q u e n tly I c a n n o t
c o n s e u t to its c o n s id e ra tio n .
T h e V I C E - P R E S I D E N T . T h e b ill w ill b e p la c e d o n t h e C a l­
e n d ar.
M r. G A L L IN G E R . I s u g g e s t to th e S e n a to r fro m N e v a d a
i
t h a t a s h e h a s s u b s titu te d th e H o u s e b ill a n d i t is n o w o n th e
C a le n d a r, h e sh o u ld a s k u n a n im o u s c o n s e n t t h a t th e S e n a te
h ill b e in d e fin ite ly p o s tp o n e d , so t h a t t h e tw o b ills w ill n o t r e ­
m a in o n th e C a le n d a r .
M r. N E W L A N D S . 1 w ill s p e a k to t h e S e n a to r l a t e r o n r e ­
!
g a rd in g th e m a tte r.
M r . G A L L I N G E R . A ll r i g h t .

t h p 116 f l r s t a m e u d m e n t w a s , i n s e c ti o n 1, p a g e 1 , l i n e 7, b e f o r e
DONATION OF ORDNANCE.
f ° s t r i k e o u t “ T e r r i t o r y ” a n d i n s e r t “ D is i a n d in l i n e 1 5 , a f t e r t h e w o r d “ l a n d , ” t o s t r i k e o u t t h e ;
M r. W A R R E N . I r e p o r t b a c k fa v o ra b ly w ith a m e n d m e n ts
S r /f a s +" 811c h b r i d g e s t o b e a p p r o v e d b y t h e S e c r e t a r y o f W a r , ”
f r o m t h e C o m m i t te e o n M i l i t a r y A f f a i r s t h e b i l l ( H . R . 2 1 4 1 0 )
a s to m a k e th e s e c tio n r e a d :
g r a n tin g c o n d em n ed o rd n a n c e to c e r ta in in s titu tio n s , a n d I
the Alaska Terminal and Navigation Company, a corporation
Pieces* and eiIstinf? under the laws of the State of Washington, its s u b m i t a r e p o r t ( N o . 6 7 3 ) t h e r e o n . I a s k f o r t h e i m m e d i a t e
and assif?ns>be. aud they are hereby, authorized to construct, c o n s i d e r a t i o n o f t h e b i ll .
bisti-Gf’
operate four bridges and their approaches thereto in the
T h e r e b e i n g n o o b j e c t io n , t h e S e n a t e , a s in C o m m i t te e o f t h e
Kanak ti jhiska, located as follows: First, from the north end of
tpoller r ana to the mainland at or near Strawberry Point, on Con- W h o le , p r o c e e d e d t o c o n s i d e r t h e b ill.
land
*,y ' 8econd, from the east Bide of Kanak Island to the mainT h e f i r s t a m e n d m e n t w a s t o a d d a s s e c ti o n 1 3 t h e f o l l o w i n g :

or
west sl(le of Controller Bay; third, across Bering Lake at
Sec.
cannon
articles
River L.the “ outh of Beriug ltiver, and, fourth, across the Katalla property13. That the various foregoing and other of this of ordnance
furnished under the
provisions
*ast m ?r ?ear Hs mouth connecting the town of Katalla with the be required to be accounted for to the Chief of Ordnance. act shall not
!,i
act to ™ i ’ 1 accordanee with the provisions of the act entitled “An
,1
Provo,, vv^'ate the construction of bridges over navigable waters,” apT h e a m e n d m e n t w a s a g re e d to .
M
arch 23, 1000,
T h e a m e n d m e n t w a s a g re e d to .
inn.
n e x t a m e n d m e n t w a s t o s t r i k e o u t s e c ti o n 2 i n t h e f o llo w - I
W o rd s •

of wa»2' .That the said company shall have the right to locate Its right
m
ay along the navigable waters of Alaska, and as near thereto as
and r necessary for the safe, economical, and efficient construction
vatinn raH°u of its line of railway, any restriction, condition, reserthft ~;L,or easement provided In, by, or under any act of Congress to
^ contrary notwithstanding.
T h e a m e n d m e n t w a s a g r e e d to .
-Uie n e x t a m e n d m e n t w a s t o s t r i k e o u t s e c ti o n 3 in t h e fo l*°vylng WOr d s ;

fallriv! That said company shall be exempt from license tax on its
TlinttK an * terminals during the period of construction: P r o v i d e d ,
<
Passaof°tbi perJ of exemi)tlon slia11 D t excecd flvc years from the
od
O
T j le a m e n d m e n t w a s a g r e e d to ,
16 h i l l w a s r e p o r t e d t o t h e S e n a t e a s a m e n d e d , a n d t h e
w m d m e n t s w e r e c o n c u r r e d In .
^ !e b i ll w a s o r d e r e d to b e e n g r o s s e d f o r a t h i r d r e a d i n g , r e a d
0 0 t h i r d t im e , a n d p a s s e d .

a,




T h e n e x t a m e n d m e n t w a s t o a d d a s s e c ti o n 1 4 t h e f o l l o w i n g :

Sec. 14. That the Chief of Ordnance is hereby authorized to sell
without advertisement to patriotic organizations for military purposes
surplus obsolete small arms and their equipments and ammunition at
tuch prices as be may deem reasonable and just: P r o v i d e d , That here­
after obsolete small arms and their equipment and ammunition shall
not be disposed of to such organizations except as provided for in
this act.
T h e a m e n d m e n t w a s a g r e e d to .
M r. H O P K IN S . I a s k t h e S e n a to r i f t h e R o c k I s l a n d p ro p o ­
s i t i o n i s i n c o r p o r a t e d in t h e b i ll ?
M r. W A R R E N . T h a t is in t h e b i ll a n d a l s o a p r o v i s i o n f o r
t h e E lg i n ( I I I . ) A c a d e m y . N o t h i n g i s s t r i c k e n o u t t h a t t h e
H o u s e p u t in . T h e S e n a t o r c a n e x a m i n e t h e b ill a t t h e d e s k .
T h e b ill w a s r e p o r t e d t o t h e S e n a t e a s a m e n d e d , a n d t h e
a m e n d m e n t s w e r e c o n c u r r e d in .
T h e a m e n d m e n ts w e re o rd e re d to b e e n g ro s s e d a n d th e h ill to
b e r e a d a t h i r d tim e .
T h e b i ll w a s r e a d t h e t h i r d t i m e a n d p a s s e d .
M r. W A R R E N . I a s k t h a t t h e r e p o r t o f t h e c o m m i tt e e b e
p r i n t e d i n the Record.




6526

COBTGEESSIONAL RECORD— SENATE.

Mat 19,

There being no objection, the report was ordered t o be printed s e v e r a l l y r e a d t w i c e b y t h e i r t i t l e s a n d , w i t h t h e a c c o m p a n y i n g
in the Record, as follows:
p a p e r s , r e f e r r e d t o t h e C o m m i t te e o n P e n s i o n s :
A b i ll ( S . 7 1 7 9 ) g r a n t i n g a p e n s i o n t o E d w a r d G . D a n f o r t h ;
The Committee on Military Affairs, to which was referred the bill
(II. R. 21410) granting condemned ordnance to certain institutions,
A b i ll ( S . 7 1 8 0 ) g r a n t i n g a n i n c r e a s e o f p e n s i o n t o H e n r y
reports the same to the Senate favorably and recommends that it be Dean; a n d
passed, amended as follows:
A b ill (S . 7 1 8 1 ) g r a n tin g a n in c r e a s e o f p e n s io n to M a tth e w
After line 3 on page 6 add the following:
“ Sec. 13. That the various cannon and other articles of ordnance M . S m i th .
property furnished under the foregoing provisions of this act shall not
M r. M A R T IN in tro d u c e d a b ill ( S . 7 182) f o r th e r e lie f o f
be required to be accounted for to the Chief of Ordnance.
“ Sec. 14. That the Chief of Ordnance is hereby authorized to sell, D a v i s & R o p e r & C o ., w h i c h w a s r e a d t w i c e b y i t s t i t l e a n d r e ­
without advertisement, to patriotic organizations, for military pur­ f e r r e d t o t h e C o m m i t te e o n C l a i m s .
poses, surplus obsolete small arms and their equipments and ammuni­
M r. N E W L A N D S i n t r o d u c e d a b i ll ( S . 7 1 8 3 ) f o r t h e a p ­
tion, at such prices as he may deem reasonable and just: P r o v i d e d ,
That hereafter obsolete small arms and their equipment and ammuni­ p o i n t m e n t o f a n a t i o n a l c o m m i s s i o n f o r t h e c o n s e r v a t i o n o f
tion shall not be disposed of to such organizations except as provided n a t u r a l r e s o u r c e s , a n d d e f in in g i t s d u t i e s , w h i c h w a s r e a d t w i c e
for in this act.”
The legislation granting condemned cannon referred to in sections b y i t s t i t l e .
T h e V I C E - P R E S I D E N T . T o w h a t c o m m i tt e e d o e s t h e S e n ­
1, 2, 3, 4 , and o of the within bill has heretofore been remarked upon
by the W Department, as will be seen in the various House reports a t o r f r o m N e v a d a d e s i r e t o h a v e t h e b i l l r e f e r r e d ?
ar
upon the individual cases contained in this omnibus ordnance bill.
M r. N E W L A N D S . L e t i t l ie o n t h e t a b l e f o r t h e p r e s e n t .
That referred to in sections 6 and 7 has not been reported upon. The
T h e V I C E - P R E S I D E N T . T h e b i ll w i l l lie o n t h e t a b l e .
same statement can be made in regard to all of the sections, however,
that the guns called for are on hand in the W Department, are obso­
ar
AM
ENDM
ENTS T D
O EFIC C A O IA IO BILL.
IEN Y PPR PR T N
lete, and are useful to the Department only as old material, for which
their value is about 12 cents per pound. The bronze guns on hand are
M r. P E N R O S E s u b m i t t e d a n a m e n d m e n t p r o p o s i n g t o a p ­
of three general classes, namely, 12-pounder heavy, 12-pounder light,
and 6-pounder, weighing, respectively, about 1,750 pounds, about 1.200 p r o p r i a t e $ 1 ,0 0 0 t o p a y D e B . R a n d o l p h K e iin f o r c o m p ilin g ,
pounds, and about 880 pounds each. In some cases the sections of the p r e p a r i n g , a n d i n d e x i n g a n a c c o u n t o f t h e p r o c e e d in g s a t t e n d ­
bill call for guns of a particular class, In others they do not; if the i n g t h e l a y i n g o f t h e c o r n e r s to n e , c o m p l e ti o n , a n d o c c u p a ti o n
lightest gun should be given in all of the cases in which the class is o f t h e O ffice B u i l d i n g o f t h e H o u s e o f R e p r e s e n t a t i v e s , e tc ., in*
not specified, the total weight of those called for by the bill would be
about 21,000 pounds, corresponding to a value of about $2,520; if t e n d e d to b e p r o p o s e d b y h i m t o t h e g e n e r a l d e f ic ie n c y a p p r o ­
light 12-pounders should be given in all such unspecified cases, the p r i a t i o n b i l l , w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n A p p r o ­
total weight would he about 36,000 pounds, corresponding to a value
of about $4,320. The guns have no special historical value, and their p r i a t i o n s a n d o r d e r e d t o b e p r i n t e d .
M r. W E T M O R E s u b m itte d a n a m e n d m e n t p ro p o s in g t o a p ­
donation is merely a question of giving away material of the money
value mentioned.
p r o p r i a t e $ 2 ,5 0 0 t o p a y W i l l i a m T y l e r P a g e f o r c o m p ilin g , iu The Department has also remarked upon the legislation contained in d e x in g , a n d p r e p a r i n g f o r p u b l i c a t i o n a l l l a b o r l e g i s l a t i o n b y
section 9, and upon the principle of that contained in section 12, to the
following effect: At the low prices secured for these obsolete arms and C o n g r e s s , e tc ., i n t e n d e d t o b e p r o p o s e d b y h i m t o t h e g e n e r a l
equipments, it would, in the opinion of the Department, be more ad- d e f ic ie n c y a p p r o p r i a t i o n b ill, w h i c h w a s r e f e r r e d to t h e C o m ­
vantageous for the Government in its general policy of encouragement m i t t e e o n A p p r o p r i a t i o n s a n d o r d e r e d t o b e p r i n t e d .
of military instruction and drill of youth to issue the arms to institu­
M r. T E L L E R s u b m itte d a n a m e n d m e n t p ro p o s in g to a p p ro ­
tions other than those mentioned in the laws now authorizing such
issues than to sell these arms, equipments, etc., provided that these in- p r i a t e $ 1 3 ,6 0 3 .5 1 t o p a y c e r t a i n p e r s o n s n a m e d in S e n a t e Docu­
ns coul<1 be regularly inspected by Army officers, as are the in­
stitutions to which such issues may now be lawfully made, in order to m e n t N o . 4 0 1 , f i r s t s e s s io n F i f t y - n i n t h C o n g r e s s , f o r t h e i r s e r v ­
insure that the Government is obtaining a proper return for the use of ic e s a s p o s t m a s t e r s a t c e r t a i n p l a c e s i n C o lo r a d o , e tc ., i n t e n d e d
the property. In view, however, of the present lack of officers avail­ t o b e p r o p o s e d b y h i m t o t h e g e n e r a l d e f ic ie n c y a p p r o p r i a t i o n
able for the purpose, such inspections would probably not be practicable. b ill, w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n A p p r o p r i a t i o n s
The Department has not remarked upon legislation such as that con­
tained in sections 8. 10. and 11. The organizations mentioned in these sec­ a n d o r d e r e d t o b e p r i n t e d .
tions probably desire the guns for parade purposes, and there are a large
M r . C U L B E R S O N s u b m i t t e d a n a m e n d m e n t p r o p o s i n g to
number of such organizations in the country who would probably desire a p p r o p r i a t e $ 2 1 ,3 9 5 .9 5 t o r e i m b u r s e t h e S t a t e o f T e x a s in f u l l
Similar donations to such an extent as to make a drain of which it
would be difficult to estimate the magnitude upon the supply of obsolete s e t t l e m e n t o f a l l c l a i m s o f a n y n a t u r e w h a t e v e r o n a c c o u n t o f
guns which the Government now either sells for a considerable aggre­ m o n e y s a c t u a l l y e x p e n d e d b y t h a t S t a t e a f t e r J u n e 2 0 , 1SC0,
gate amount or issues to institutions of certain classes. The Depart­ e tc ., i n t e n d e d t o b e p r o p o s e d b y h i m t o t h e g e n e r a l d e f ic ie n c y
ment now sells obsolete Springfield rifles with bayonets at as low a price
as $2 for each rifle, and sells gun slings and cartridge belts for 20 a p p r o p r i a t i o n b i ll , w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n
cents each. In consideration of the easy possibility of thus obtaining A p p r o p r i a t i o n s a n d o r d e r e d t o b e p r i n t e d .
these arms, and of the great demand for them which would probably
M r. D IC K s u b m itte d a n a m e n d m e n t r e la ti v e to t h e s e ttle ­
result if the practice were inaugurated of donating them to organiza­
tions whose use of them would not be such as to promote military m e n t o f t h e c la i m o f P r o f . W i l l i a m H . H . H a r t , p r i n c i p a l o f t h e
training of the youth of the country, neither the Department nor your H a r t F a r m S c h o o l a n d J u n i o r R e p u b l i c f o r D e p e n d e n t C h i l d r e n
committee favors legislation making such donations, which, although a g a i n s t t h e D i s t r i c t o f C o lu m b ia , e tc ., i n t e n d e d t o b e p r o p o s e d
unimportant in the few cases within mentioned, would, as instances of
a policy deprive the Government of a source of considerable income. b y h i m t o t h e g e n e r a l d e f ic ie n c y a p p r o p r i a t i o n b i ll , w h i c h w a s
•H
ence the amendment proposed by section 14 of the bill as reported.
r e f e r r e d t o t h e C o m m i t te e o n A p p r o p r i a t i o n s a n d o r d e r e d t o b e
BILLS INTRODUCED,

M r. G A L L IN G E R in tr o d u c e d a b ill (S . 7 171) to p ro v id e fo r
p a r t i c i p a t i o n b y t h e U n i t e d S t a t e s in c e r t a i n i n d u s t r i a l e x p o s i ­
tio n s o f p ro d u c ts a n d m a n u f a c tu r e s o f th e U n ite d S ta te s exc iu s iv e l y , t o b e h e l d i n t h e p r i n c i p a l c i t i e s o f S o u t h A m e r ic a ,
w h ic h w a s r e a d tw ic e b y i ts t i t l e a n d , w ith t h e a c c o m p a n y in g
p a p e r s , r e f e r r e d to t h e S e l e c t C o m m i t t e e o n I n d u s t r i a l E x p o s itio n s .
1
M r . P I L E S i n t r o d u c e d a b i ll ( S . 7 1 7 2 ) c o n c e r n i n g t h e t r a n s p o r t a t i o n o f p a s s e n g e r s c o a s tw is e , w h i c h w a s r e a d t w i c e b y i t s
t i t l e a n d r e f e r r e d t o t h e C o m m i t te e o n C o m m e r c e .
M r . L O D G E i n t r o d u c e d a b i ll ( S . 7 1 7 3 ) g r a n t i n g a n
o f p e n sio n to F r e d e r ic S ta n h o p e H ill, w h ic h w a s r e a d
I ts t itle a n d r e f e r r e d to th e C o m m itte e o n P e n s io n s .
M r . C U R T I S i n t r o d u c e d a b i ll ( S . 7 1 7 4 ) f o r t h e
A . I t . W i l l ia m s , w h i c h w a s r e a d t w i c e b y i t s t i t l e a n d
t o t h e C o m m i t te e o n M i l i t a r y A f f a ir s .

in c re a s e
tw ic e b y
r e lie f o f
re fe rre d

H e a ls o i n t r o d u c e d t h e f o l lo w in g b i ll s , w h i c h w e r e s e v e r a l l y
r e a d t w i c e b y t h e i r t i t l e s a n d r e f e r r e d t o t h e C o m m i t t e e on
P e n sio n s:
A b ill ( S . 7 1 7 5 ) g r a n t i n g a n i n c r e a s e o f p e n s i o n t o L e w
T hom as; and
E e n t ^ 11
/

S c a n tin g a n in c r e a s e o f p e n s io n to W illia

M r. O W E N i n t r o d u c e d a b i l l

(S . 7177)

fo r th e re lie f o f :

/ * " e n ® W l,1 Is ’ w h i c h w a s r e a d t w i c e b y i t s t i t l e a n d r e f e r n
j t o t h e C o m m i t te e o n C la im s .
\ t o 1J u , a « T . i n t r ,0d^ C, <l Jl b iH ( S * 7 1 7 8 ) a n t i n g c e r t a i n I a r
e
V „
, k t a t e o f O k la h o m a , w h ic h w a s r e a d tw ic e b y i t s t i t
\ n d r e f e r r e d t o t h e C o m m i t te e o n P u b l i c L a n d s .
^
M r . F O R A K E R i n t r o d u c e d t h e f o l lo w in g b i ll s , w h i c h w e

p rin te d .
M r . D E P E W s u b m i t t e d a n a m e n d m e n t p r o p o s i n g t o a p p r 0"
p r i a t e $ 2 6 ,9 5 0 t o c lo s e t h e a c c o u n t o f t h e D o r e m u s Machine
C o m p a n y f o r c a n c e l i n g m a c h i n e s f u r n i s h e d d u r i n g t h e fis c a l
i y e a r 1 9 0 3 , e tc ., i n t e n d e d t o b e p r o p o s e d b y h i m t o t h e g e n e r a 1
I d e f ic ie n c y a p p r o p r i a t i o n b i ll , w h i c h w a s r e f e r r e d t o t h e Com*
I m i t t e e o n A p p r o p r i a t i o n s a n d o r d e r e d to b e p r i n t e d .
M r. L O D G E s u b m i t t e d a n a m e n d m e n t p r o v i d i n g t h a t h e re "
I
! a f te r th e s a la r y o f th e a p p r a is e r o f m e rc h a n d is e a t th e p o rt o f
! B o s t o n s h a l l b e a t t h e r a t e o f $ 5 ,0 0 0 p e r a n n u m , e tc ., i n te n d e d
t o b e p r o p o s e d b y h i m t o t h e g e n e r a l d e f ic ie n c y a p p r o p r i a t i o n
b i ll , w h i c h w a s r e f e r r e d t o t h e C o m m i t te e o n A p p r o p r i a t i o n s
i a n d o rd e re d to b e p r in te d .
1 M r. B U R N H A M s u b m i t t e d a n a m e n d m e n t to e n a b l e t h e S e c ­
r e t a r y o f t h e S e n a t e t o p a y f o r e x t r a s e r v i c e s r e n d e r e d in t r a n s ­
f e r r i n g , r e a r r a n g i n g , r e m a r k i n g , c le a n i n g , a n d r e f i l i n g t h e p a p e r 3
!
o f t h e S e n a t e , e tc ., i n t e n d e d t o b e p r o p o s e d b y h i m t o t h e g e ° '
e r a l d e f ic ie n c y a p p r o p r i a t i o n b i ll , w h i c h w a s o r d e r e d t o b e
p r i n t e d a n d , w i t h t h e a c c o m p a n y i n g p a p e r , r e f e r r e d t o t h e C om "
m itte e o n A p p ro p ria tio n s .

PATENTS T PURCH
O
ASERS O INDIAN LANDS.
F
M r. F U L T O N s u b m itte d a n a m e n d m e n t in te n d e d to b e Pr0 *
p o s e d b y h i m to t h e b ill ( H . R . 2 1 7 3 5 ) t o a u t h o r i z e t h e S c o re t a r y o f t h e I n t e r i o r t o i s s u e p a t e n t s in f e e t o p u r c h a s e r s o 1
I n d i a n l a n d s u n d e r a n y l a w n o w e x i s t i n g o r h e r e a f t e r enacted,
a n d f o r o t h e r p u r p o s e s , w h i c h w a s r e f e r r e d t o t h e C o m m itte e
o n I n d ia n A f f a ir s a n d o r d e re d to b e p r in te d .

JAM H. O EN
ES
W .
Clapp, i t w n s
O r d e r e d , That the papers referred to the Committee on Indian
in connection with a proposed amendment to the Indian appropriable
bill for the relief of James H. Owen be rereferred to the Commit1
on Appropriations.
O n m o ti o n o f M r .

CONGRESSIONAL RECORD— SENATE

1908.

6527

of the Treasury, of the use of additional silver as a limited legal tender
for debts not exceeding $50, with a view to substituting such silver
or the certificates representing it for full legal-tender money, goid or
United States notes, now in circnlation and outside of bank reserves,
in order to increase the amount of gold and full legal-tender notes in
R e s o l v e d , That the Secretary of the Interior be, and he hereby is,
such reserves as a basis for bank credits; the amendment to limit the
directed to cause an investigation to be made of the claims of the amount of such issue of silver.
Tonkawa Indians of Oklahoma as set forth in their memorial to Con- j Fifth. An amendment providing that the presidents of
: press, printed in Senate Document No. 200, Sixtieth Congress, first house associations shall meet annually in Washington andthe clearing­
select
session, and to report thereon to the Senate at the beginning of the j nine commissioners, one from each of the judicial circuits of shallUnited
the
* next session thereof.
States, who shall represent them at Washington as members of a hank­
\
M r . O W E N . I a s k f o r t h e p r e s e n t c o n s i d e r a t i o n o f t h e r e s o - / ing commission, of which the Secretary of the Treasury and the
Comptroller of the Currency shall be, respectively, the chairman and
itrtton.
^
secretary; the duties of the commission to be advisory to the President,
M r . C U L B E R S O N . I do n o t o b j e c t t o t h e p r e s e n t c o n s i d e r a ­ to the Secretary of the Treasury, and to Congress; and such commission
t i o n o f t h e r e s o l u t i o n , b u t a f t e r t h i s I s h a l l o b j e c t t o t h e c o n s i d ­ to be charged with the duty of considering and recommending changes
in the banking act and methods for promoting and improving interstate
e r a t i o n o f s u c h m a t t e r s , i n v i e w o f t h e n o t i c e g i v e n b y t h e S e n a - j and international exchange.
CLAIMS OF TONKAWA INDIANS.

/

M r. O W E N
f re a d :

s u b m itte d

th e

fo llo w in g

re s o lu tio n , w h ic h

w as

tor f r o m T e n n e s s e e [ M r . T aylor].
T h e re s o lu tio n
a g r e e d to .

w as

c o n s id e re d

by

u n a n im o u s

co n sen t

and

LANDS FOR IDAHO.
T h e V I C E -P R E S ID E N T la id b e fo re th e S e n a te th e a m e n d m e n t o f th e H o u s e o f R e p r e s e n ta tiv e s to th e j o in t r e s o lu tio n
(S . R . 5 1 ) p ro v id in g f o r a d d itio n a l la n d s f o r I d a h o u n d e r th e
P r o v i s i o n s o f t h e C a r e y A c t, w h i c h w a s t o s t r i k e o u t a l l a f t e r
th e r e s o lv in g c la u s e a n d i n s e r t :

That an additional 1,000,000 acres of arid lands within the State of
maho be made available and subject to the terms of section 4 of an act
Congress entitled “An net making appropriations for sundry civil
Expenses of the Government for the fiscal year ending June 30, 1895,
■ d for other purposes,” approved August 18, 1894, and by amendm
®ents thereto, and that the State of Idaho be allowed, under the pro­
visions of said acts, said additional area, or so much thereof as may
1 necessary for the purposes and under the provisions of said acts.
)6
M r. H E Y B U R N ,
I m ove
A m endm ent o f th e H ouse.
T h e m o ti o n w a s a g r e e d to .

th a t

th e

S e n a te

concur

in

th e

SUBPORTS O ENTRY,
F
T h e V I C E - P R E S I D E N T la id b e fo re th e S e n a te th e a m e n d ® e n ts o f th e H o u s e o f R e p r e s e n ta tiv e s to t h e b ill ( S . 3 1 5 3 ) to
™ ake M o n te re y a n d P o r t H a r f o r d , in t h e S t a t e o f C a lif o r n ia ,
“im p o rts o f e n tr y , a n d f o r o t h e r p u rp o s e s .
T h e a m e n d m e n ts o f th e H o u s e w e re , o n p a g e 2, to s tr ik e o u t
o f s e c tio n 2.

u 9 11 P a g e 2 , l i n e 7 , t o s t r i k e o u t " a n y s u b p o r t ” a n d i n s e r t
e ith e r o f s a id s u b p o rts .”
T o c h a n g e s e c tio n 3 to s e c tio n 2.
T o c h a n g e s e c tio n 4 to s e c tio n 3.
P a g e 2, a f t e r lin e 17, to i n s e r t :

the privileges of the first section of the act approved
lm M i
iniw
entitled "An act to amend the statutes in relation to
be «„ i t transportation of dutiable goods, and for other purposes,"
thi t?u the same arc hereby, extended to the port of Port Arthur, in
!
me state of Texas.
sutm ".^' That Petoskey, in the State of Michigan, is hereby made a
rT
cut, r
entry in the district of Grand Rapids, and the necessary
be
°®W may, in the discretion of the Secretary of the Treasury,
frs
r ®ati°ned at said subport with authority to enter and clear vessels,
.t
8am e mercbandise shipped in bond, collect duties and make delivery of
receive duties, fees, and other moneys, and perform such other
sniJilce as’ ln bis judgment, the interest of commerce may require, and
aid officers shall receive such compensation as he may allow.
sec. e. That the privileges of the seventh section of the act aptin
June 10> 1880, entitled “An act to amend the statutes in relatp immediate transportation of dutiable goods, and for other purF«ses, be, and the same are hereby, extended to the subport of
*etoskey, in the State of Michigan.
sec. 7. That the privileges of the first section of the act approved
lm e ,10, 188°- entitled "An act to amend the statutes in relation to
m
a peoiate transportation of dutiable goods, and for other purposes,” be,
ua the same are hereby, extended to the subport of St. Vincent, in the
“late of Minnesota.
M r. P E R K I N S . I m o v e t h a t t h e S e n a t e c o n c u r i n t h e a m e n d ttb r its m a d e b y th e H o u s e o f R e p r e s e n ta tiv e s .
T h e m o ti o n w a s a g r e e d to .

PROPOSED FINANCIAL LEGISLATION.
M r. T A Y L O R . I a s k t h a t S e n a t e r e s o l u t i o n N o . 1 8 4 b e l a i d
^ f o r e th e S e n a te .
T he V IC E -P R E S ID E N T . T h e S e n a to r fro m T e n n e ss e e a s k s
r o r th e p r e s e n t c o n s id e r a tio n o f a r e s o lu tio n , w h ic h w ill be re a d .
T h e S e c r e t a r y r e a d t h e r e s o l u t i o n s u b m i t t e d b y M r . N ewlands
t h e 1 5 th i n s t a n t , a s f o l l o w s :

Resolced, That the Finance Committee he Instructed to report amendto House bill No. 21871, as follows:
, *>rst. An amendment providing thnt three-fourths of the reserves
in reserve city and country banks shall be kept In their vaults, the
£bange to be made gradually within a period of five years under the
"b-ectlon of the Comptroller of tho Currency.
, 8econd. An amendment providing that no bank shall make loans of
* fiepoaitors' money to an amount exceeding five times its capital and
ts
•un>lus, the change to be made gradually within a period of five years
under the direction of the Comptroller of the CurrencyThird. An amendment permitting State commercial banks to become
Sobers of national clearing-house associations, provided they submit
J the regulations of tho nntional-bnnk act regarding their capital and
,®
[“serve* and subject themselves to examination under the nationalbank act.
Fourth. An amendment providing a method by which clearing-house
•delations may avail themselves, u n d e r the d ire c tio n of the Secretary




T h e V I C E - P R E S I D E N T . I s t h e r e o b je c tio n ?
T h e C h a ir
h e a r s n o n e a n d t h e r e s o l u t i o n i s b e f o r e t h e S e n a te .
M r . T A Y L O R . M r . P r e s i d e n t , I h a v e D een p a t i e n t l y o b e d i e n t
to t h a t u n w r i t te n la w in t h is a u g u s t b o d y w h ic h im p o s e s
! sile n c e u p o n n e w S e n a to r s u n t il t h e i r s e n io r s h a v e e x h a u s te d
a l l s u b j e c t s o f p u b l i c c o n c e r n , a n d I f in d m y s e l f t o - d a y r e m i t t e d
to th e c ru m b s t h a t h a v e fa lle n fr o m th e ta b le , w ith o u t m u c h
h o p e t h a t w h a t I s h a ll s a y w ill d is tu r b th e s e r e n ity o f th e
p a r t y in p o w e r a n y m o r e t h a n t h e a p p e a l s o f L a z a r u s d i s t u r b e d
t h e b a n q u e t o f D iv e s .
N e v e rth e le s s , i t is m y p u r p o s e to m a k e s o m e c o m p a r is o n s a n d
] to d r a w so m e c o n c lu s io n s , n o t o n ly w i t h r e f e r e n c e to th e s h a k y
f i n a n c i a l p o l ic y o f t h a t p a r t y , b u t t o t h e a l a r m i n g c o n d i t i o n s
w h ic h h a v e g ro w n o u t o f t h e i r t a r i f f s y s te m , a s a w a r n in g to
m y f r ie n d s o n th e o th e r sid e o f t h is C h a m b e r to b e w a re o f th e
f a te o f D iv e s .
I d o n o t th in k , M r. P r e s id e n t, t h a t th e r e c o u ld b e a b e tte r tim e
f o r S e n a to r s to p a u s e a n d c o n te m p la te th e s o w in g a n d t h e r e a p ­
in g o f t h e p a r ty in p o w e r t h a n in th e d y in g h o u r s o f a C o n g re s s
\ w h i c h h a s a p p r o p r i a t e d a b i l l i o n d o l l a r s i n a s i n g l e s e s s io n t o
p a y th e e x p e n s e s o f o n c e a d e m o c ra tic , b u t n o w a n im p e ria l,
| R e p u b li c .
I h a v e n o t p r e p a r e d a n e la b o r a te d is c u s s io n o f th e t a r if f o r
t h e f i n a n c i a l q u e s t i o n o r a n y o t h e r q u e s t i o n , b u t s h a l l f ir e a
s in g le s c a tt e r i n g s h o t o n t h e s t a t e o f t h e U n io n .
AVe a r e t o l d b y t h e s c i e n t i s t s t h a t t h e t w o g r e a t f o r c e s w h i c h
c o n tro l o u r p l a n e t a r y s y s te m a r e th e c e n tr if u g a l fo rc e , w h ic h is
t h e t e n d e n c y o f t h e p l a n e t s t o l e a v e t h e i r o r b i t s a n d fly a w a y
fro m t h e s u n , a n d t h e c e n tr ip e ta l fo rc e , w h ic h is t h e te n d e n c y o f
th e s u n to d r a w th e p la n e ts to i ts bosom .
A n d so p e r f e c tly a r e th e s e tw o f o r c e s b a la n c e d t h a t th e y h o ld
o u r e n tir e s y s te m in e x a c t e q u ilib r iu m .
I f th e c e n tr if u g a l fo rc e s h o u ld o v e rc o m e t h e c e n tr ip e ta l, th e
p l a n e t s w o u l d fly o ff a t a t a n g e n t f r o m t h e s u n a n d t h e s y s t e m
w o u ld b e b ro k e n u p a n d d e s tro y e d .
I O n th e o th e r h a n d , if th e c e n tr ip e ta l fo rc e s h o u ld o v e rco m e
i
| th e c e n tr if u g a l, th e p la n e ts w o u ld b e d r a w n in to th e b o so m o f
I th e s u n a n d t h e s y s te m w o u ld b e b lo tte d f r o m th e h e a v e n s .
M r. P r e s id e n t, a r e n o t th e la w s w h ic h g o v e rn th e p la n e ta r y
j s y s te m a b e a u tif u l ill u s t r a ti o n o f t h e f u n d a m e n ta l p r in c ip le s
w h ic h u n d e r lie o u r G o v e rn m e n t?
A n d a r e n o t th e s e v e ry p r in c ip le s la id d o w n in o u r w r itte n
C o n s titu tio n , w h ic h e s ta b lis h e s th e e q u ilib riu m o f p o w e r b e ­
tw e e n th e S ta te s a n d th e N a tio n a l G o v e rn m e n t, so t h a t th e
S t a t e s a r e i n t e n d e d t o r e v o lv e a b o u t a c o m m o n F e d e r a l c e n t e r ,
| h e l d in t h e i r t r u e o r b i t s b y t h e t w o m i g h t y r e c i p r o c a l f o r c e s o f
S ta te so v e re ig n ty a n d F e d e r a l su p re m a c y ?
I t w a s th e d re a m o f Je ffe rso n a n d o u r fa th e rs th a t th e p e rfe c t
I e q u i p o i s e o f t h e s e t w o f o r c e s o f t h e R e p u b li c s h o u l d b e m a i n ­
ta in e d u n d is tu r b e d , a n d t h a t o u r f r e e in s titu tio n s m ig h t th u s
b e h a n d e d d o w n t o c o m i n g g e n e r a t i o n s . B u t e a r l y in t h e l i f e
o f t h e R e p u b li c t h e r e w a s d e v e l o p e d a s t r o n g t e n d e n c y o f t h e
c e n tr if u g a l fo rc e to o v e rc o m e th e c e n tr ip e ta l fo rc e , a n d in th e
I w a r o f 1 S 6 1 -1 S 6 5 t h e S o u t h e r n S t a t e s u n d e r t o o k t o l e a v e t h e i r
o r b i t s a n d b r e a k u p t h e s y s te m . B u t t h e c e n t r i p e t a l f o r c e
I tr iu m p h e d in t h a t m e m o ra b le s tr u g g le w h ic h p u t Y a n k e e D o o d le
I o n th e p e n s io n l is t a n d D ix ie on c r u tc h e s , a n d in s te a d o f r e s t o r ­
j in g th e e q u ilib riu m th e s u n h a s b e en d r a w in g th e p la n e ts to its
i b o s o m e v e r s in c e .
I M r. P r e s i d e n t , t h e s y s t e m i s a s s u r e l y o u t o f b a l a n c e t o - d a y
a s i t w a s in 1861. A n d w h a t i s th e d iffe re n c e to u s, w h e th e r w e
\ le a v e o u r o rb it a n d go c a v o rtin g a m o n g th e s t a r s to fre e z e
to d e a th on th e o u ts k ir ts o f c r e a tio n , o r w h e th e r w e a r e d r a w n
i th e o th e r w a y to b e c o n v e rte d in to f u e l f o r th e s u n ?
W h a t is t h e d i f f e r e n c e w h e t h e r w e g o t h e s e c e s s i o n r o u t e o r
th e c e n tr a liz a tio n r o u te ?
T h e y b o th m e a n th e d e s tr u c tio n o f
t h e s y s te m .
I do n o t p re te n d to b e a g r o a t c o n s titu tio n a l la w y e r , b u t if
t h a t i n s t r u m e n t m e a n s a n y t h i n g a t a ll , i t i s t h a t a l l p o w e r n o t
e x p r e s s l y c o n f e r r e d u p o n t h e F e d e r a l G o v e r n m e n t is reserved
I to th e S ta te s .




CONGRESSIONAL RECORD— SENATE.
B u t , M r . P r e s i d e n t , in t h e s e i m p e r i a l d a y s , w h e n c o n c e n ­
t r a t e d w e a lth is in tr e n c h e d u n d e r th e D o m e o f th e C a p ito l a n d
c e n tr a liz e d p o w e r is e n th r o n e d in th e W h ite H o u s e , w h a t c a n
b e e x p e c te d b u t t h e g r a d u a l e n c r o a c h m e n t o f t h e F e d e r a l G o v ­
e rn m e n t u p o n th e re s e rv e d rig h ts o f th e S ta te s ? H o w c a n th e
e q u ilib riu m b e p re s e rv e d u n d e r th e re ig n o f a b ig s tic k a n d a
b a g o f g o ld ?
A re n o t c o n c e n tra te d w e a lth a n d c e n tra liz e d p o w e r d ic ta tin g
t h e p o l ic i e s o f t h e G o v e r n m e n t a n d c o n t r o l l i n g t h e l e g i s l a t i o n
o f C o n g re ss?
T h e v e n e r a b l e S e n a t o r f r o m C o l o r a d o [Mr. Teller], whom
I h a v e l e a r n e d t o r e v e r e n c e a n d lo v e s i n c e I e n t e r e d t h e S e n a te ,
a n d w h o m I h o n o r e d a n d r e s p e c t e d e v e n b e f o r e I k n e w h im ,
s t r u c k t h e k e y n o t e i n a s p e e c h d e l i v e r e d not long ago in t h i s
b o d y , in w h ic h h e s a id :

May 19,

a s w o rs e th a n h e re s y , fo r i t b o rd e rs u p o n tr e a s o n its e lf a n d fo rb o d e s t h e d o w n f a l l o f t h e R e p u b li c .
S ir, I k n o w i t is n o t p o p u la r h e r e to ta l k a b o u t e ith e r S ta te
r ig h ts o r th e C o n s titu tio n , f o r th e id e a s o f J e ffe rs o n h a v e b e e n
e c lip s e d b y th e id e a ls o f H a m ilto n , a n d F e d e r a lis m is in p o w e r.
A n e w s y s t e m h a s b e e n b u i l t u p o n t h e a s h e s o f t h e o ld , a n d t a r i f f
is its p a tr o n s a in t. P r o te c tio n is th e s h ib b o le th o f F e d e ra lis m ,
a n d F e d e r a l i s m i s t h e a r c h e n e m y o f d e m o c r a t i c g o v e r n m e n t.
I t i s t h e m o t i v e p o w e r b e h in d t h e l e g i s l a t i o n o f C o n g r e s s ; i t i s
th e in s p ir a tio n o f a ll th e d r e a m s o f th e P re s id e n t, ev en w h ile
h e w i n s t h e p l a u d i t s o f t h e p e o p le b y p r o c l a i m i n g t h e b e a u t y
o f d e m o c r a t i c p o lic ie s .
B u t, s ir, I c a n n o t u n d e r s ta n d th e c o n s is te n c y o f b a ttlin g f o r
th e p e r p e tu a tio n o f a t a r i f f s y s te m w h ic h h a s c r e a te d th e s tu ­
p e n d o u s p ro b le m s t h a t d a n c e lik e th e w ild t e r r o r o f th e s to rm
There is no time in our history, not even at the close of our great o n t h e h o r i z o n o f o u r f u t u r e a n d t h e n r e g a l i n g C o n g r e s s w i t h
war, when the relations between the States and the General Govern­ l u r i d m e s s a g e s d e n o u n c i n g t h e s t o r m .
ment were so critical and so dangerous as they are to-day.
I c a n n o t u n d e r s t a n d t h e c o n s i s t e n c y o f c lu b b i n g t h e t r u s t
M reading of history leads me to believe that encroachments of
y
power have always come insidiously. They have rarely come openly. o v e r t h e h e a d a n d a t t h e s a m e t i m e f i g h ti n g f o r t a r i f f , t h e
You may keep State lines, you may have a distinction between the m o t h e r o f t h e t r u s t .
sections of the country, but when you disregard the rights of those
I w o u ld n o t re fle c t u p o n th e C h ie f E x e c u tiv e o f th e n a tio n .
States and commence to legislate for them, you will not be a very great
way from a disruption of this Republic and the breaking up of it into O n t h e c o n t r a r y , I w o u l d p r a i s e h i m f o r t h e n o b le t h i n g s h e
several republics or something worse.
h a s d o n e d u r i n g h i s in c u m b e n c y , c h i e f o f w h i c h w a s t u r n i n g o n
T h i s g r a n d o l d m a n i s a p r o p h e t . T h e d e w s o f l i f e 's e v e n i n g t h e l i g h t a n d r e v e a l i n g t h e e n o r m i t y o f t h e c r i m e s h i s p a r t y
a r e c o n d e n s in g o n h i s b r o w , a n d t h e s h a d o w s o f t h e lo n g , lo n g h a s c o m m i tt e d .
I h o n o r h im f o r t h e r e f o r m s h e h a s d e m a n d e d , b e c a u s e t h e y
n i g h t a r e f a l l i n g a r o u n d h i m , b u t w i t h a h e a r t f u l l o f d e v o ti o n
a r e D e m o c r a tic re fo rm s , a n d th e fe w t h a t h a v e b e e n e n a c te d
to h is c o u n tr y h e s ta n d s h e r e in o u r m id s t in h is d e c lin in g y e a r s
to p le a d f o r th e p r e s e r v a tio n o f th e U n io n i n a u g u r a te d b y o u r in to la w s a r e D e m o c ra tic la w s a s w e ll a s th e la s h in g s h e h a s
g iv e n h is p a r ty le a d e r s f o r f a ilin g to e n a c t th e m .
f a t h e r s , a n d t o p r o t e s t a g a i n s t t h e e v e r - i n c r e a s i n g t e n d e n c y to
T h e in te r s ta te - c o m m e r c e la w , c o n tr o llin g th e r a ilr o a d s o f th e
d i s r u p t i t b y t h e w h o l e s a le d i s r e g a r d o f t h e r i g h t s o f t h e S t a t e s
c o u n t r y , i s a D e m o c r a t i c p o lic y . T h e g r e a t I s t h m i a n C a n a l w a s
g u a r a n te e d b y th e C o n s titu tio n .
th o u g h t o u t a n d p r e s s e d f o r y e a r s b y a g r a n d o ld D e m o c r a tic
M r. P r e s id e n t, “ T h e M a n o n H o r s e b a c k ” is a g a in s ilh o u e tte d
S e n a to r fro m A la b a m a . B u t o u r p e e rle s s P r e s id e n t re a c h e d
a g a in s t th e h o riz o n a t th e o th e r e n d o f th e A v e n u e . G e n e ra l
th e lim it w h e n h e s e iz e d a ll th e b e s t re fo r m p la n k s o f a ll th e
G r a n t , a s o m in o u s a s h e s e e m e d , n e v e r d r e a m e d o f t h e p o w e r
t h a t is n o w a s s u m e d . T h e d a n g e r o f i t a ll lie s in t h e c o m p la ­ D e m o c ra tic p la tf o r m s o f th e p a s t a n d p la n te d h im s e lf s q u a re ly
u p o n th e m .
c e n c y o f t h e p e o p le . W h a t a f a r c r y i t i s f r o m t h e s p l e n d id
W a s t h e r e e v e r a g r a n d e r s p e c t a c l e o f c o u p d ’e t a t t h a n t h i s
p o p u la r ity o f G r a n t to th e e v e r-in c re a s in g a s s u m p tio n s o f r u le r s
in t h e h i s t o r y o f A m e r i c a n p o l i t i c s ?
w h o n o w h o ld th e r e in s o f p o w e r !
T h e q u e s t i o n f o r y o u o n t h e o t h e r s i d e o f t h i s Chamber to
A n d r e w J o h n s o n w a s i m p e a c h e d f o r a ll e g e d u s u r p a t i o n s
w h ic h to -d a y w o u ld b e a c c o u n te d c o n s e rv a tiv e . W h e n h is to r y
s e t t l e is , A r e y o u g o i n g t o p u t h i s r e f o r m p o l ic i e s in y o u r p l a t ­
fo rm a t C h ic a g o ?
I f y o u a r e , w h y d o n 't y o u i n d o r s e B r y a n
i s f a i r l y w r i t t e n i t w ill r e c o r d t h e l i v i n g t r u t h t h a t h e w a s
s t r u g g l i n g t o c a r r y o u t L i n c o l n ’s p o l ic i e s a n d h e w i l l s t a n d o u t a n d b e d o n e w i t h i t ?
I f y o u a r e n o t, y o u w ill r e p u d ia te y o u r
P re s id e n t.
a s o n e o f th e g r e a te s t P r e s id e n ts th is c o u n try e v e r h a d .
H e d e m a n d e d t h e r e f o r m o f t h e t a r i f f s y s te m in t h e b e g in ­
I lis te n e d th e o th e r d a y w ith v iv id i n te r e s t to th e p o r te n to u s
s p e e c h o f t h e S e n a t o r f r o m M a r y l a n d [ M r . Banner], p r e g n a n t n i n g o f h i s A d m i n i s t r a t i o n , b u t o f l a t e h e h a s c o n t e n t e d h i m ­
s e l f w i t h s t o r m i n g t h e c i t a d e l s o f w e a l t h c r e a t e d b y t h e ta r if f w i t h m o n i t o r y w is d o m a n d w a r n i n g , a s h e p o i n t e d o u t t h e
l i e h a s n o t l a i d t h e a x a t t h e r o o t o f t h e t r e e , b u t h a s o n ly
s lo w a n d e a s y g r a d a t i o n s b y w h i c h g o v e r n m e n t a l p o w e r i s b e in g
th u n d e re d a t th e r ic h rip e f r u i t t h a t h a n g s u p o n its b o u g h s.
c e n t r a l i z e d a n d h o w t h e p e o p le , y i e l d i n g a l i t t l e h e r e a n d a
M r. P r e s i d e n t , t h e g r e a t l e a d i n g s p i r i t s o f t h e D e m o c r a c y , a n d
l i t t l e th e r e , g ro w c a re le s s , a n d e n c ro a c h m e n t ta k e s c o u ra g e f o r
t h e i r f o l l o w e r s a s w e l l, h a v e e a r n e s t l y a n d p e r s i s t e n t l y p r ° f u r t h e r a g g re s s io n .
t e s t e d a g a i n s t t h e p r e s e n t h i g h p r o t e c t i v e s y s te m t h r o u g h a l l
S i r , t h e a r m y o f c e n t r a l i z a t i o n i s e v e n n o w j u s t m o v in g in t o
t h e p a s s i n g y e a r s , b e c a u s e i t i s i n d i r e c t t a x a t i o n o f t h e p e o p le - o c c u p y p o s i t i o n i n t h e “ T w i l i g h t Z o n e ,” a n d i t s v i d e t t e s a r e
th e m o s t in s id io u s a n d d e s tr u c tiv e fo rm o f ta x a tio n e v e r con­
w a tc h in g th e p a s s e s t h a t le a d to w a r d th e S ta te s , r e a d y to
c e iv e d b y th e b r a in o f m a n .
s e iz e a n d o c c u p y a d v a n c e d p o s i t i o n . T h e S t a t e s a r e m e r e
T h e y h a v e p ro te s te d a g a in s t i t b e c a u se th e y sa w w ith p ro ­
t w i n k l i n g s t a r s in t h i s “ T w i l i g h t Z o n e ,” a n d t h e i r i n e f f e c t u a l
p h e t i c v i s i o n t h e a w f u l r e s u l t s w h i c h w o u l d f o l lo w — a n e n d le s s
fire s a r e p a lin g g r a d u a lly a s th e lig h t b r e a k s o v e r th e m o u n ta in
w a r b e tw e e n c a p i t a l a n d l a b o r a n d t h e c o n c e n t r a t i o n o f
to p fro m t h e c e n tr a l lu m in a r y a t W a s h in g to n .
W e h a v e h a d a d d e d r e c e n t l y t o t h a t o t h e r j u d i c i a l m o n ­ w e a l t h in t h e c e n t e r s . A n d n o t o n l y t h e s e , b u t t h e c e n t r a l i z a ­
s tr o s ity , “ g o v e rn m e n t b y in ju n c tio n ,” a n e w m e n d a c ity , to b e
tio n o f p o w e r a t th e N a tio n a l C a p ita l, s tr ip p in g th e S ta te s o f
c a lle d “ g o v e rn m e n t b y i n te r p r e t a ti o n ,” a n d w h e re , d o y o u im ­ th e p o w e r th e y o n c e e n jo y e d u n d e r th e C o n s titu tio n — th e p o w e r
a g in e , a b e t t e r p l a c e c o u ld b e f o u n d t o i n c u b a t e t h a t m o n s t r o u s
to g o v e rn th e m s e lv e s .
id e a th a n in th e la n d o f c e a s e le s s r e v o lu tio n s a n d d ic ta to r s ?
T h e ta r if f s y s te m h a s d o n e it a ll, a n d m o re . I t h a s d riv e n
T h e n e w d o c t r i n e i s e n u n c i a t e d b y n o le s s a p e r s o n a g e t h a n
A m e ric a n s a ils f r o m t h e h ig h s e a s a n d g iv e n o u r c a r r y in g tr a d e
th e S e c r e ta r y o f S ta te , w h o , a f t e r tr a v e r s in g th e c o u n trie s
to th e s h ip s o f o th e r n a tio n s .
.
w h e r e c o n s t i t u t i o n s a r e n o t h e ld i n m u c h r e g a r d , im b ib e d t h e
I t h a s d e liv e re d A m e ric a n c o n s u m e r s o v e r to th e m e rc y 0
A m e ric a n m a n u f a c tu r e r s , a n d th e A m e ric a n m a n u f a c tu r e r s
n e w id e a a n d c a m e b a c k to d e c la r e t h a t if th e S t a te s s h a ll
lo n g e r f a il o r r e fu s e to e x e rc is e t h e i r r e s e r v e d p o w e rs , m e a n s
h a v e l o s t n o t i m e i n c o n s u m i n g t h e c o n s u m e r s ; i t h a s s h i f te<J
w o u l d b e f o u n d to i n t e r p r e t i n t o t h e C o n s t i t u t i o n t h e p o w e r o f t h e g r e a t b u l k o f o u r w e a l t h i n t o t h e h a n d s o f a f e w m e n u n d e r
th e F e d e r a l G o v e rn m e n t to e x e rc is e th e m .
t h e f o r m s o f l a w , a n d g i v e n t h e m t h e p o w e r t o c o n t r o l t h e le g is ­
T o m y m in d , t h e m o s t d a n g e r o u s h e r e s y t h a t h a s e v e r t h r e a t la tio n n o t o n ly o f S ta te s , b u t o f th e F e d e r a l G o v e rn m e n t.
e n e d f r e e g o v e rn m e n t is t h a t v e ry m o d e rn n o tio n t h a t i n te r ­
I t i s t h e s t r o n g r i g h t a r m o f F e d e r a l i s m u p o n w h i c h le a n t h
p r e ta tio n c a n ta k e th e p la c e o f fo rm a l a m e n d m e n t
g r e a t m o n o p o li e s o f i n d u s t r y a n d t r a d e w h i c h h a v e b e e n e.x ac ^
E v e n o u r S e c r e t a r y o f S t a t e , t h e h i g h p r i e s t i n t h e t e m p l e o f i n g t r i b u t e m o n e y f o r m o r e t h a n f o r t y y e a r s f r o m t h e nilllujf*
l i b e r t y , h a s g i v e n v o ic e t o a f a l s e d o c t r i n e t h a t h o l d s in i t t h e j w h o t o i l i n t h e f ie ld s a n d a t t h e w o r k b e n c h a n d in t h e s h o p *
s e e d s o f d i s i n t e g r a t i o n in d e c l a r i n g t h a t t h e C o n s t i t u t i o n m u s t b e \ t h e i r d a i l y b r e a d , a n d w h i c h h a v e b e e n d r a i n i n g t h e w h o l e c o u *
i n t e r p r e t e d t o f i t c o n d i t i o n s i n s t e a d o f c o n d i t i o n s b e i n g f o r c e d I t r y o f i t s s u b s t a n c e in t h e n a m e o f l i b e r t y a n d f r e e G o v e r n m e ’1 •
t o c o n f o r m t o t h e C o n s t i t u t i o n . S u c h d o c t r i n e i s d o w n r i g h t 1 W e h a v e f r e t t e d t h e c o n t i n e n t w i t h 2 0 0 ,0 0 0 m il e s o f r a i i r o a ^
a p o s ta s y fro m th e f a it h d e liv e re d to u s b y th e f a th e r s .
b u t th e y h a v e b e e n c o n s o lid a te d a n d c o n ju r e d in to th e h a n u > *
M e c a n n o t a f f o r d t o c u t lo o s e f r o m t h e s a f e m o o r i n g s o f t h e
a f e w r e p r e s e n t a t i v e s o f a g g r e g a t e d w e a l t h , w h o fix a l l t h e ra
C o n s titu tio n a n d d r i f t w ith th e tid e o f e v e r-v a ry in g c h a n g e .
o f tr a n s p o r ta tio n a n d th e r e f o r e th e p ric e s o f a ll th e w h e a t a
W e h a v e a s a fe a n d s u r e s ta n d a r d in it, a n d i t is f a r b e tte r to c o rn a n d c o tto n a n d c o a l a n d iro n a n d h o r s e s a n d n i u l e s ^ n .
e n d u r e i t s l i m i t a t i o n s , e v e n w h e n t h e y e n t a i l i n c o n v e n ie n c e , c a t t l e a n d a l l t h e o u t p u t o f i n d u s t r y b e tw e e n t h e tw o g r
t n a n to b r e a k d o w n t h e o l d s a f e g u a r d s .
o c e a n s t h a t d iv id e th e w o rld . I s t h is n o t th e c o n c e n tr a tio n
I d e n o u n c e th e d o c trin e t h a t th e C o n s titu tio n c a n b e s tr e tc h e d
w e a lth a n d th e c e n tra liz a tio n o f p o w e r?

CONGRESSIONAL RECORD— SENATE.

1908.

s i o n . T h e c o m p a n y b e g a n t h e w o r k a n d e x p e n d e d o v e r $ 7 0 0 ,0 0 0
In c o n s t r u c t i n g a d a m .
I t s tim e is a b o u t o u t, a n d u n le s s a n
e x te n s io n o f tim e is g iv e n i t c a n n o t s e c u re m o re m o n e y to
c o m p l e te t h e d a m .
T h e p a s s a g e o f t h e b i l l o v e r t h e P r e s i d e n t ’s v e t o i s s a t i s f a c ­
to r y to th e P r e s id e n t, a n d t h e H o u s e h a s a c c o r d in g ly p a s s e d it,
a n d I a s k t h e S e n a t e t o p a s s t h e b i ll .
M r . H A L E . M r . P r e s i d e n t ------T h e V IC E -P R E S ID E N T .
D o e s th e S e n a to r f r o m M in n e s o ta
y ie ld to th e S e n a to r f r o m M a in e ?
M r. N E L S O N . C e r ta in ly .
M r . B E V E R I D G E . I h a v e t h e f lo o r . I y i e l d t o S e n a t o r s .
HOUR OF MEETING MONDAY.

6823

M r. C L A Y . D o e s t h a t c h a n g e t h e r u le o f p ro c e d u re a s h e r e ­
t o f o r e f ix e d b y t h e S e n a t e u n d e r t h e u n a n i m o u s - c o n s e n t a g r e e ­
m e n t?
M r. A L D R IC H . N o t a t a ll.
M r. H A L E . I t d o e s n o t i n te r f e r e w ith t h a t a t a ll.
M r . C L A Y . W h e n w e m e e t a t 1 1 o ’c lo c k o n M o n d a y w e c a n
c o n s id e r n o th in g e x c e p t c o n fe re n c e r e p o r t s o r m a t t e r s p e n d in g
b e tw e e n t h e tw o H o u s e s , a n d s u c h m a t t e r s a s m a y b e ta k e n
u p b y u n a n i m o u s c o n s e n t.
M r. B E V E R I D G E . W a s t h a t t h e u n a n im o u s -c o n s e n t a g re e ­
m e n t th is a f te r n o o n ?
T h e V I C E - P R E S I D E N T . T h e r e w a s n o u n a n im o u s -c o n s e n t
a g r e e m e n t t o t h a t e f f e c t.
M r. C L A Y . I so u n d e rs to o d .
M r. H A L E . T h a t a p p lie d to t h i s e v e n in g .
M r. C U L B E R S O N . I s im p ly w a n t to c a ll t h e a tt e n ti o n o f
t h e S e n a to r f r o m M a in e , in r e p ly to t h e s u g g e s tio n o f th e
S e n a to r f r o m G e o rg ia , to t h e f a c t t h a t th e u n a n im o u s c o n s e n t
d o e s n o t a p p ly to M o n d a y . I t a p p lie s o n ly to t h i s e v e n in g .
M r . H A L E . O n ly t o t h i s e v e n i n g .
T h e V IC E -P R E S ID E N T . T h a t is c o r r e c t
M r . B E V E R I D G E . I h a v e t h e f lo o r , a n d I y i e l d t o t h e
S e n a to r fro m M in n e s o ta .
T h e V IC R -P R E S ID E N T . T h e S e n a to r fro m M in n e s o ta r is e s
to a p r iv ile g e d q u e s tio n .
M r. N E L S O N . I y ie ld f o r a v o te o n t h e m o tio n o f t h e
S e n a t o r f r o m M a in e .
M r . H A L E . T h e n l e t u s h a v e a v o t e o n m y m o ti o n .
T h e V I C E -P R E S ID E N T . T h e S e n a to r f r o m M a in e m o v e s
t h a t w h e n t h e S e n a t e a d j o u r n s t o - d a y i t b e t o m e e t a t 1 1 o ’c lo c k
o n M o n d a y n e x t.
T h e m o ti o n w a s a g r e e d to .
M r. H A L E . I a m v e ry s o r r y to s a y t h a t th e h o p e w e h a d
o f f in a l a d j o u r n m e n t h a s , u n d e r t h e a c t i o n o f t h e H o u s e , d i s ­
a p p e a re d . W e c a n n o t a d jo u rn o n M o n d a y .

M r. H A L E . I d e s ir e to m a k e a s ta te m e n t a s to th e o r d e r o f
b u s in e s s .
T h e c o n f e r e n c e c o m m i t t e e o n t h e d e f ic ie n c y b i l l w a s e n g a g e d
in p e r f e c t i n g t h a t r e p o r t , e x p e c t i n g t o b r i n g i t i n t h i s e v e n i n g ,
a n d t h a t t h e H o u s e w o u ld ta k e u p th e c o n fe re n c e r e p o r t o n th e
s u n d r y c iv il b ill a n d p a s s i t to -n ig h t, so t h a t w e m ig h t p a s s
b o th o f th o s e b ills . I t h in k I m a y s a y , to t h e s u r p r i s e o f th e
c h a ir m a n o f t h e C o m m itte e o n A p p r o p r ia tio n s , t h a t w o r d h a s
ju s t co m e t h a t th e H o u s e h a s a d jo u r n e d to m e e t M o n d a y m o rn iu g a t 1 1 o ’c lo c k , s o t h a t n o p r o g r e s s c a n b e m a d e w i t h t h e a p ­
p r o p r ia tio n b ills t h i s e v e n in g . T h e r e f o r e I m o v e to r e c o n s id e r
t h e v o t e w h e r e b y t h e S e n a t e a g r e e d t o m e e t a t 1 0 o ’c lo c k o n
M o n d ay , b e c a u s e i t w o u ld b e to n o p u rp o s e to m e e t a t t h a t
tim e , f o r t h e r e a s o n t h a t u n d e r t h e a c t i o n o f t h e H o u s e n o t h ­
in g c a n b e d o n e t h i s e v e n i n g t o e x p e d i t e t h e a p p r o p r i a t i o n b i l l s .
M r. B E V E R I D G E . C o u ld n o t o t h e r b i l l s b e p a s s e d i n t h a t
tim e ?
M r. H A L E . T h e a g r e e m e n t w a s t h a t n o b i l l s s h o u l d b e p a s s e d
e x c e p t b y u n a n i m o u s c o n s e n t.
M r. B E V E R I D G E . N o w a n d M o n d a y a ls o ?
M r. H A L E . M o n d a y a ls o .
M r . N E W L A N D S . M r . P r e s i d e n t ------/'
RAIKY RIVER DAM— VETO MESSAGE.
T he V IC E -P R E S ID E N T .
D o e s t h e S e n a to r fro m M a in e
T h e V IC E -P R E S ID E N T . T h e C h a ir la y s b e fo re th e S eny ie ld to th e S e n a to r f r o m N e v a d a ?
■a t e a m e s s a g e f r o m t h e H o u s e o f R e p r e s e n t a t i v e s , w h i c h w i l l b e
M r. H A L E . C e r t a i n l y .
M r. N E W L A N D S . I w is h to a s k w h e t h e r t h e S e n a to r fr o m / r e a d .
T h e S e c re ta ry re a d a s f o llo w s :
jm d i a n a h a s n o t a l r e a d y s e c u r e d u n a n i m o u s c o n s e n t f o r t h e !
I n th e H ouse o r R epresentatives ,
c o n s id e ra tio n o f t h e b ill r e g a r d in g th e T e r r i to r i e s ?
M a y 12, 1908.
M r. B E V E R I D G E . I b e g p a r d o n .
The President of the United States having returned to the House of
M r. N E W L A N D S . I w i s h t o a s k w h e t h e r t h e S e n a t o r f r o m j Representatives, in which it originated, the bill H. R. 15444, “An act
u d i a n a h a s n o t a l r e a d y s e c u r e d u n a n i m o u s c o n s e n t f o r t h e ! extending the time for the construction of a dam across Rainy RiveU
with his objections thereto, the House proceeded in pursuance of the
o n s id e r a tio n o f t h e b ill r e g a r d in g th e T e r r i to r i e s ?
Constitution to reconsider the same; and
Retolved, That the said bill pass, two-thirds of the House of Repre­
■ur. B E V E R I D G E . I a m n o w o c c u p y i n g t h e f lo o r u p o n t h e
. ,, _
,
C o g n i t i o n o f t h e C h a i r a s k i n g f o r t h a t u n a n i m o u s c o n s e n t, sentatives agreeing to pass the same.
Attest:
A. M c D owell , C le r k .
®U(1 i h a v e ^ a (j a c o ll o q u y w i t h t h e S e n a t o r f r o m G e o r g i a
I certify that this act originated in the House of Representatives.
I M r. C l a y ] , w h i c h I t r u s t Is s u f f i c ie n tl y s a t i s f a c t o r y t h a t t h e
A. McDowell, C le r k .
S e n a te m a y g o o n w ith i t s c o n s id e r a tio n .
T h e V I C E - P R E S I D E N T . T h e q u e s t i o n is , S h a l l t h e b i l l
M r. H A L E .
M r. P r e s id e n t, I h a v e m a d e t h e m o tio n .
I p a s s , th e o b je c tio n s o f th e P r e s id e n t to th e c o n tr a r y n o tw ith ­
Jb o u u i n o t h a v e a s k e d th e S e n a te to d o th is , e x c e p t u p o n th e
s ta n d in g ?
lfiw t h a t d u r i n g t h i s lo n g e v e n i n g w e s h o u l d p a s s b o t h o f t h e s e
M r. N E L S O N . I h a v e s t a t e d to t h e S e n a te , a n d I w a n t to
a p p r o p ria tio n b ills .
W e c a n p a s s n e ith e r o f th e m , a n d th e re s t a t e a g a in , t h a t t h i s is s a t is f a c to r y to th e P r e s id e n t. T h e
J ? re th e c o n d itio n s d o n o t o b ta in w h ic h e x is te d w h e n I m a d e P r e s id e n t o f th e U n ite d S ta te s , th r o u g h t h e S e c r e ta r y o f th e I n ­
j h e m o tio n . T h e r e f o r e I m o v e t o r e c o n s i d e r t h e v o t e b y w h i c h
t e r i o r , M r . G a r f ie l d , h a s w r i t t e n a l e t t e r t o t h a t e f f e c t. T h e S e c ­
S e n a t e a g r e e d t o m e e t a t 1 0 o ’c lo c k o n M o n d a y .
r e ta ry o f th e I n te rio r s a y s :
M r. N E W L A N D S . M r . P r e s i d e n t ------These conditions having been fulfilled, the President feels that i t is
The V IC E -P R E S ID E N T .
D o es th e S e n a to r fro m
M a i n e safe, from the viewpoint of the public interest, and equitable to the
Rainy River Improvement Company, to enact the bill into law.
y p 'ld t o t h e S e n a t o r f r o m N e v a d a ?
T h e V I C E -P R E S ID E N T . T h e q u e s tio n o f th e p a s s a g e o f th e
M r. H A L E . C e r t a i n l y .
M r. N E W L A N D S .
I w o u ld a s k t h e S e n a to r w h e th e r th e b ill, n o tw ith s ta n d in g th e v e to o f th e P r e s id e n t, m u s t be ta k e n
b y y e a s a n d n a y s . T h e S e c r e t a r y w i l l c a l l t h e r o l l.
v e n in g c a n n o t b e w e l l s p e n t ------T h e S e c r e t a r y p r o c e e d e d t o call the r o l l , and M r . A ldrich
M r. H A L E . I a m n o t s p e a k in g a b o u t t h e e v e n in g .
re sp o n d e d to h is n a m e .
M r. B E V E R I D G E . A n d M o n d a y m o r n in g , to o .
M r. N E W L A N D S . M r. P r e s id e n t, I w is h to m a k e a n in q u ir y
M r. N E W L A N D S .
I u n d e r s t o o d t h e S e n a t o r ’s ------of the Senator from Minnesota.
M r. H A L E , I a m n o t t a l k i n g a b o u t t h e e v e n in g .
Mr. GALLINGER and others. Too late.
, M r. N E W L A N D S .
I u n d e r s t o o d t h e S e n a t o r ’s m o t i o n t o j

The VICE-PRESIDENT. The Senator from Nevada rose in

mvolve-_ .
_
„ M r. H A L E .

T h e s e s s io n f o r t o - n i g h t i s In t h e h a n d s o f t h e

senate.

M r. N E L S O N .

T h e S e n a to r fro m N e v a d a is o u t o f o rd e r, a s

th e ro ll c a ll h a s b e g u n .
M r. A L D R I C H . U n d e r t h e u n a n i m o u s - c o n s e n t a g r e e m e n t .
T h e VICE-PRESIDENT. T h e S e n a t o r f r o m N e v a d a r o s e to
+. ■Jr* H A L E . U n d e r t h e u n a n i m o u s - c o n s e n t a g r e e m e n t . B u t
a d d r e s s th e C h a ir b e fo re th e ro ll c a ll c o m m en ced .
i s n o p o i n t i n m e e t i n g a t 1 0 o ’c lo c k M o n d a y w h e n w e
M r. N E W L A N D S . T h e S e n a to r fro m M in n e s o ta m a d e a
a JJ n o t p r o c e e d w i t h t h e a p p r o p r i a t i o n b i l l s .
I
s t a t e m e n t r e g a r d i n g t h e P r e s i d e n t o f t h e U n i t e d S t a t e s in c o n ­
D ie V I C E - P R E S I D E N T . T h e q u e s t i o n i s o n a g r e e i n g t o t h e
n e c tio n w ith th is m a tte r . M a y I a s k h im to r e p e a t w h a t i t w a s ?
jn o tio n o f t h e S e n a t o r f r o m M a i n e t o r e c o n s i d e r t h e v o t e b y
I d id n o t u n d e r s ta n d it.
P c h t h e S e n a t e a g r e e d t o m e e t a t 1 0 o ’c lo c k o n M o n d a y n e x t .
M r. N E L S O N . I t i s t o t h i s e f f e c t : T h a t t h e P r e s i d e n t o f t h e
J h e m o ti o n t o r e c o n s i d e r w a s a g r e e d t o .
U n ite d S t a te s m a k e s k n o w n th r o u g h th e S e c r e ta r y o f th e I n ­
M r. H A L E . I t h a s b e e n s u g g e s t e d t h a t w e m i g h t a g r e e t o
t e r i o r , t h a t u n d e r t h e c i r c u m s t a n c e s , h a v i u g v e to e d t h e b i ll
J r‘e t a t 11 o ’c l o c k - f o r g e n e r a l b u s i n e s s . I d o n o t o b j e c t t o t h a t .
u n d e r a m is a p p re h e n s io n , i t is s a tis f a c to r y to h im to h a v e th e
f> I m o v e t h a t w h e n t h e S e n a t e a d j o u r n s t o - d a y , i t b e t o m e e t a t
b i ll p a s s e d o v e r h i s v e to ,
l o ’c lo c k o n M o n d a y .







6824

CONGRESSIONAL RECORD— SENATE.

T h e V IC E -P R E S rD E N T . T h e S e c re ta ry w ill p ro c e e d w ith
t h e c a l l i n g o f t h e r o ll.
T h e S e c r e t a r y r e s u m e d t h e c a l l i n g o f t h e r o l l.
M r. C L A R K o f W y o m in g (w h e n h is n a m e w a s c a l l e d ) . I
h a v e a g e n e ra l p a ir w i t h th e s e n io r S e n a to r fro m M is s o u ri [M r.
Stone]. I w i l l t r a n s f e r t h a t p a i r t o t h e S e n a t o r f r o m N e v a d a
[ M r . Nixon] a n d v o te . I v o t e “ y e a . ”
T h e r o l l c a l l w a s c o n c lu d e d .
M r. W A R R E N . I w is h to a n n o u n c e m y p a ir w ith th e s e n io r
S e n a t o r f r o m M i s s is s i p p i [Mr. Money],
M r. C L A Y ( a f t e r h a v in g v o te d in th e a f fir m a tiv e ) . H a s th e
s e n i o r S e n a t o r f r o m M a s s a c h u s e t t s [ M r . Lodge] voted?
T h e V I C E - P R E S I D E N T . H e h a s n o t.
M r . C L A Y . I n o r d e r t o m a i n t a i n a q u o r u m I w i l l l e t m y v o te
sta n d .
T h e r e s u l t w a s a n n o u n c e d — y e a s 49, n a y s 0 , a s f o l l o w s :
T E A S — 49.

Aldrich
Ankeny
Bacon
Bankhead
Beveridge
Brandegee
Briggs
Brown
Burkett
Burnham
Carter
Clapp
Clark, W
yo.
Allison
Bailey
Borah
Bourne
Bulkele.v
Burrow's
Clarke, Ark.
Cullom
Daniel
Davis
Depew

Ilopkins
Clay
Crane
Johnston
Culberson
Kean
Curtis
Long
Dick
Nelson
Flint
Newlands
Frazier
Owen
Fulton
Overman
Gallinger
Paynter
Gore
Penrose
Guggenheim
Perkins
Ilemenway
Piles
Ileyburn
Scott
NOT VOTING—43.
Dillingham
Ilansbrough
Dixon
Kittredge
Dolliver
Knox
du Pont
La Follette
Elkins
Lodge
Foraker
M
cCreary
Foster
M
cCumber
Frye
McEnery
Gamble
McLaurin
Gary
Martin
Hale
Milton

Simmons
Smith, M
d.
Smith, M
ich.
Smoot
Stephenson
Stewart
Sutherland
Taliaferro
Warner
W
etmore

Money
Nixon
Platt
Rayner
Richardson
Stone
Taylor
Teller
Tillman
W
arren

T h e V I C E - P R E S I D E N T . S e n a to rs , o n t h is q u e s tio n th e
y e a s a r e 49 a n d th e n a y s a r e 0. T w o - th ir d s o f th e S e n a te h a v ­
i n g v o t e d in t h e a f f i r m a t i v e , t h e b i ll i s p a s s e d , n o t w i t h s t a n d i n g
t h e o b j e c t io n s o f t h e P r e s i d e n t , a n d t h e t i t l e w i l l b e a g r e e d to ,
i f t h e r e b e n o o b je c tio n .
AFFAIRS IN THE TERRITORIES.

M r. B E V E R I D G E . I n o w r e n e w m y r e q u e s t f o r u n a n i m o u s
c o n s e n t f o r t h e i m m e d i a t e c o n s i d e r a t i o n o f t h e b i ll ( H . R .
21 9 5 7 ) r e la tin g to a f f a ir s in th e T e r r ito r ie s .
T h e V I C E - P R E S I D E N T . I s t h e r e o b j e c t io n t o t h e r e q u e s t
f o r th e p r e s e n t c o n s id e r a tio n o f th e b ill?
M r. H O P K I N S . T h e b ill, I fin d , h a s b e e n o n t h e C a l e n d a r
o n ly t w o d a y s .
M r. B E V E R ID G E . T h a t is tr u e .
M r. H O P K IN S . M y a tte n tio n w a s n o t c a lle d to i t u n t il to ­
d a y , a n d i n d e e d t h e f e a t u r e o f t h e b i ll t o w h i c h I d e s i r e t o h a v e
a lit t le tim e fo r in v e s tig a tio n w a s n o t c a lle d to m y a tte n tio n
u n til t h is e v e n in g . I w ill s a y to th e S e n a to r fro m I n d ia n a t h a t
i t r e l a t e s t o t h e p r a c t i c e o f m e d i c in e i n t h e d i s t r i c t o f A l a s k a .
A b i ll o f t h i s c h a r a c t e r w a s b e f o r e C o n g r e s s a t t h e l a s t s e s s io n ,
a n d b e fo re th e S e n a te e m b a r k s u p o n th e c o n s id e r a tio n o f th e
b i ll I d e s i r e t o h a v e a l i t t l e t i m e t o i n v e s t i g a t e t h e v a r i o u s p r o ­
v i s i o n s o f i t . F o r t h a t r e a s o n I s h a l l b e c o m p e lle d t o o b j e c t t o
i t s c o n s i d e r a t i o n t o - n ig h t .
M r . B E V E R I D G E . M r. P r e s i d e n t ------M r . H O P K I N S . I w i l l s a y to t h e S e n a t o r f r o m I n d i a n a t h a t I
h a v e n o o b j e c t io n t o t a k i n g u p t h e b i l l o n M o n d a y o r a t a n y
t im e , b e c a u s e b e tw e e n t h i s a n d M o n d a y I c a n e x a m i n e t h e p r o ­
v i s i o n s o f t h e b i l l r e l a t i n g t o t h e p r a c t i c e o f m e d ic in e , a n d i f I
t h i n k a n y a m e n d m e n t s a r e n e c e s s a r y I w i l l s u b m i t t h e m to t h e
S e n a to r fro m I n d ia n a .
M r . B E V E R I D G E . I w i s h t o s t a t e to t h e S e n a t o r b e f o r e h e
ta k e s h is s e a t th e s itu a tio n a s I u n d e r s ta n d it, so t h a t h e w ill
k n o w w h a t h i s o b j e c t io n m e a n s . T h i s i s t h e t h i r d t i m e I h a v e
m a d e t h e e x p l a n a t i o n t o S e n a t o r s w h o h a v e c o m e in l a t e r .
F i r s t o f a ll , t h i s b i l l p a s s e d t h e H o u s e in t h e f o r m o f a n
o m n ib u s b ill, b e c a u s e o f t h e p a r l i a m e n t a r y s i t u a t i o n e x i s t i n g
t h e r e a t t h i s t im e . M o s t o f t h e b i l l s h a d a l r e a d y p a s s e d t h e
S e n a te s e p a ra te ly , a f t e r h a v in g b e e n c o n s id e re d b y th e c o m m it­
te e a n d h a v in g b e e n s e n t to th e H o u s e . T h a t is th e w a y i t h a p ­
p e n s to b e in a n o m n ib u s f o r m .
N o w , a t t h e r a t e a t w h i c h t h i n g s a r e s p e e d in g f o r w a r d , u n ­
le s s t h e b i ll is p a s s e d t o - n i g h t i t i s q u i t e l i k e l y t h a t i t w ill f a i l .
I t h a s e n c o u n t e r e d o n e o b j e c t i o n a f t e r a n o t h e r , a n d a ll * o f t h e m
h a v e b e e n o v e r c o m e w h e n i t w a s e x p la i n e d . I w ill s t a t e t h a t
t i n s l e g i s l a ti o n in v o lv e s e x c e e d i n g l y n e c e s s a r y l e g i s l a t i o n f o r
th e d is tr ic t o f A la s k a , w h ic h th e g o v e rn o r o f A la s k a h a s b e e n
h e r e a lo n g t i m e u r g i n g , a n d w h i c h t h e D e p a r t m e n t h a s v e r y

May 23 ,

c a r e f u l l y c o n s i d e r e d a n d r e c o m m e n d e d , a s w e ll a s s e v e r a l b i l l s
f o r T e r r ito r ie s , f o r in s ta n c e , so m e b ills f o r a b s o lu te ly n e c e s s a ry
c o u rt-h o u s e b u ild in g s in o n e o r tw o c o u n tie s o f A riz o n a .
M r. H O P K I N S . I w i l l s a y t o t h e S e n a t o r I a m n o t g o in g t o
a n ta g o n iz e th e b ill o n th e p ro p o s itio n h e u rg e s . I f th e S e n a to r
w i l l e l i m i n a t e t h e p r o v i s i o n i n t h e b i ll r e l a t i n g t o t h e p r a c t i c e
o f m e d ic in e in t h e d i s t r i c t o f A l a s k a , I w i l l h a v e n o o b j e c t io n
to it.
M r. B E V E R I D G E .
I h o p e t h e S e n a t o r w i l l n o t a s k m e to
do th a t, b e c a u se th e r e is n o w n o r e g u la tio n w h a te v e r o f th e
p r a c t i c e o f m e d i c in e in A l a s k a , a n d t h i s i s a n e x c e e d i n g l y m ild
p ro v is io n .
M r. H O P K I N S , I w ill s a y t o t h e S e n a t o r t h a t in D e c e m b e r
w e c o u ld t a k e i t u p a s a s e p a r a t e b i ll a n d c o n s i d e r i t .
M r. B E V E R I D G E . T h e n , i f t h e S e n a t o r w i l l m o v e a n a m e n d ­
m e n t s t r i k i n g o u t t h a t p r o v i s i o n , I w i l l a c c e p t i t.
M r. H O P K IN S . I f I c a n h a v e a n a s s u r a n c e t h a t i t w ill n o t
g o o u t, I w i l l h a v e n o o b j e c t io n .
M r. B E V E R ID G E . I w ill a c c e p t th e a m e n d m e n t.
M r . H O P K I N S . V e r y w e ll.
M r. B E V E R I D G E . T h a t w i l l p u t i t i n c o n f e r e n c e .
M r. H O P K I N S . T h e S e n a t o r w i l l n o t —

Keep the word of promise to our ear,
And break it to our hope.
M r. B E V E R I D G E . I c a n n o t s p e a k f o r t h e c o n f e r e e s o f th e
o t h e r H o u s e , I w i l l s a y . B u t I w i l l s a y t h i s t o t h e S e n a to r :
H e o u g h t n o t to a s k m e o r a n y o t h e r m e m b e r o f t h e c o m m i tt e e
t o s a y w h a t i t i s o u r d u t y t o d o , f o r w h e n e v e r a s u b j e c t l ik e t h i s
g o e s i n t o c o n f e r e n c e i t b e c o m e s t h e d u t y o f t h e c o n f e r e e s to
s t a n d b y t h e a c t i o n o f t h e S e n a t e s o f a r a s t h e y m a y ; a n d in
c a s e s w h e r e S e n a t o r s h a v e b e e n d e f e a t e d a n d w e r e a p p o in t e d
o n t h e c o n f e r e n c e t h e y h a v e , a g a i u s t t h e i r o w n c o n v ic tio n s ,
s t o o d b y t h e a c t i o n o f t h e S e n a te . T h e S e n a t o r o u g h t n o t to
a s k f o r s u c h a n a s s u r a n c e a s th a t . I c a n n o t a n s w e r fo r th e
H o u se c o n fere es.
F u r th e r , I w ill s ta te w h a t I th in k th e p ro c e s s w ill be. 1
t h i n k , i n v ie w o f t h e n e c e s s i t y o f g e t t i n g t h i s l e g i s l a ti o n
th ro u g h , t h is w ill p ro b a b ly b e th e c o u rs e . T h e S e n a to r c a n
g u e s s a b o u t i t a s m u c h a s I c a n , b u t t h e H o u s e w i l l p r o b a b ly
p a s s t h e b i ll w h e n i t g e t s t h e r e , a n d i t p r o b a b ly w i l l n o t g o to
c o n fe re n c e . I c a n n o t a n s w e r f o r th a t, b u t I th in k t h a t c o u rse
i s l ik e ly .
M r. H O P K I N S . A ll I d e s i r e u p o n t h e p a r t o f t h e S e n a to r
f r o m I n d i a n a is, a s I s a i d , t h a t t h e w o r d o f p r o m is e s h a l l not
b e b r o k e n w i t h m e o n t h i s p r o p o s i t i o n in t h e c o n f e r e n c e b y
p u t t i n g b a c k t h i s p r o v i s i o n i n t h e b i ll .
M r. B E V E R I D G E . T h e S e n a t o r o u g h t n o t t o u s e q u i t e t h a t
la n g u a g e . I t to u c h e s o n e p r e tty d e lic a te ly . I s a y i t b ecom es
th e d u ty o f th e c o n fe re e s o n th e p a r t o f th e S e n a te a m i th e
H o u s e to s ta n d b y th e a c tio n o f t h e i r r e s p e c tiv e H o u s e s .
,
M r. H O P K I N S . I r e c o g n iz e t h a t .
I u n d e r s t a n d , a ls o , a n d
s o d o e s t h e S e n a t o r , t h a t in l e g i s l a t i o n o f t h i s k i n d i t d e I)0U<\
la rg e ly u p o n th e s p i r i t w ith w h ic h th e S e n a te c o n fe re e s a d h e re
to t h e i r a m e n d m e n t s .
I f e e l t h a t i f I w e r e in t h e S e n a to r ®
p l a c e a n d o n e o f t h e c o n f e r e e s t h e b i ll w o u l d p a s s w i t h t m
p ro v is io n e lim in a te d .
.M r. B E V E R I D G E . C e r t a i n l y ; a n d I a m p e r f e c t l y w i l li n g
t h a t i t s h a ll b e ta k e n o u t. T h e S e n a to r m u s t k n o w t h a t th is
i s t h e c a s e w h e r e a p r o v i s i o n p l a c e d o n a b i ll i s s e r i o u s l y con*
te s te d b y th e c o n fe re e s . S o w h e re I w a s o n e o f th e c o n fe re e
a n d w e w e re b e a te n , a s o n e o f th e c o n fe re e s I w ith th e o th e
m e m b e r s o f m y c o m m i t t e e s t o o d o u t f ir m ly f o r t h e a c t i o n o f th
S e u a t e a g a i n s t o u r o w n c o n v ic t io n .
M r . H O P K I N S . T h a t i s w h a t I w a n t t h e S e n a t o r t o a g r e e toM r. B E V E R ID G E . N o ; th e S e n a to r h a s n o r ig h t to a sk
a n d I d o n o t w a n t h im to d o it. I w ill a c c e p t th e a m e n d m c u *
a n d h e c a n d e p e n d u p o n t h e m e m b e r s o f t h e c o m m i tt e e d o ih o
th e ir d u ty .
M r . H O P K I N S . T h a t Is a l l I w a n t .
,
M r. B E V E R I D G E . T h e y w i l l d o t h a t w i t h o u t a n y b o d y 8
re q u e s t.
.
a
M r. H O P K I N S . I m o v e o n p a g e 11, c o m m e n c in g w i t h lm
. , „g
t o s t r i k e o u t a l l o f p a g e 11 a n d ------M r . C U L B E R S O N . I s h o u l d l ik e t o i n q u i r e i f t h e b ill
been read ?
M r. B E V E R ID G E . Y e s ; I s h o u ld s a y it b a d .
T h e V I C E - P R E S I D E N T . T h e b i ll w a s re-ad in f u l l, b u t
s e n t t o i t s c o n s i d e r a t i o n h a s n o t y e t b e e n g iv e n .
M r . C U L B E R S O N . T h a t i s t h e n e x t q u e s t i o n I w as
to a s k .
D o es th e S e n a to r fro m I llin o is o b je c t to its
s id e ra tio n ?
M r. B E V E R I D G E . H e d o e s n o t .
.h a t
M r. H O P K I N S . I s t a t e d t o t h e S e n a t o r f r o m Indiana.
f
l w o u ld n o t o b je c t if th e p ro v is io n s r e la tiu g to th e p r a c tic e
m e d i c in e in t h e d i s t r i c t o f A l a s k a s h o u l d b e s t r i c k e n o u t , a n u

1908.

CONGRESSIONAL RECORD— SENATE.

T h e n e x t a m e n d m e n t w a s , o n p a g e 71, a f t e r lin e 5, to in s e r t
a s a n e w s e c tio n th e f o llo w in g :

Sec. 28. That the Secretary of the Interior be, and he is hereby,
directed to acquire, by purchase or condemnation, for the purpose of
providing a reservation for a public park, the several parcels of ground
In the District of Columbia included between Euclid street, Columbia
avenue or Fifteenth street, W street or Florida avenue, and Sixteenth
street extended, in Hall & Elvan’s subdivision of Meridian Hill, con­
taining in the aggregate 487,000 square feet, more or less; and to pay
for the said land and premises so taken, and the improvements thereon,
the sum of $550,000, or so much thereof as may be necessary, is
hereby authorized, out of any money in the Treasury of the United
States not otherwise appropriated: P r o v i d e d , That one-half of the said
sum of §550,000, or so much thereof as may be expended, shall be re­
imbursed to the Treasury of the United States out of the revenues of
the District of Columbia, in four equal annual installments, with
interest at the rate of 8 per cent per annum upon the deferred pay­
ments : A n d p r o v i d e d f u r t h e r , That one half of the sum that shall be
annually appropriated and expended for the maintenance and improve­
ment of said lands as a public park shall be charged against and paid
out of the revenues of the District of Columbia, in the same manner
ftow provided by law in respect to other appropriations for the District
°f Columbia, and the other half shall be appropriated out of the Treas­
ury of the United States. In case said parcels of ground can not be
obtained by purchase at a price satisfactory to said Secretary of the
Interior the same shall be condemned in the manner hereinafter pre­
scribed.
That the Attorney-General, upon request of the Secretary of the In­
ferior, is authorized and directed to make application to the supreme
oourt of the District of Columbia, by petition, at a general or special
term of said court, for an assessment of the value of said parcels of
jttound, and said petition shall contain a particular description of the
Property required, with the name of the owner or owners thereof, and
her, or their residence, as far as the same can be ascertained, and
:ae said court is hereby authorized and required, upon such applica­
tion. without delay, to notify the owners and occupants of each such
Parcel, and to ascertain nnd assess the value of the same by appointing
three commissioners to appraise the values thereof and to return the
assessment to the court; and when the values of such parcels are thus
ascertained and the said Secretary of the Interior shall deem the same
reasonable the sum or sums so ascertained shall be paid into said
rjaat for their use. That the fee simple of all premises so appropriat°d for public use under the provisions hereof, and of which an
appraisement shall have been made under the order and by direction
i said court, shall upon payment into the said court as aforesaid of
^ amount so ascertained and assessed as to each parcel be thereupon
tk
1° thc United States and the right of possession thereof.
*"at the said court may direct the time and manner in which
mi* ?Jon of tlie Pr°P°rty condemned shall be taken or delivered, and
n0.v' necessary, enforce any order or Issue any process for giving
shaM K
°S ,on' f he cost occasioned by the said condemnation proceedings
not ' u
*rom the Treasury of the United States, out of any money
shnii0 i rwise appropriated: P r o v i d e d , That one-half of the said cost
oo reimbursed to the Treasury of the United States out of the
W
ith01!68 ot the district of Columbia, in four equal annual installments,
Pavt n* '
eres* the rate of 3 per cent per annum upon the deferred
be
Othor costs which may arise in the said proceedings shall
paiq as the court may direct.
shall i wConover and as title to the several parcels of sneh real estate
am
i
ac(llllrp(I as aforesaid and the same snail be ready for delivery,
“ the sufficiency thereof shall be certified by the Attorney-General
ize< United States, the Secretary of the Treasury is hereby author­
i
ingdirected, upon the requisition of the said Secretary of the
fin !Tor. to pay into court the condemnation price of such property,
by parcel.
n at ,llc Pul)H Park authorized and established by this act shall be
riri
c
hia ' r
Julut control of the Commissioners of the District of Colum* and the Chief of Engineers of the United States Army.
a
S C O T T . I n s e c tio n 28, p a g e 71, lin e 17, I m o v e to a m e n d
‘A m e n d m e n t b y s t r i k i n g o u t t b e w o r d “ a u t h o r i z e d ” a n d iu " e rtin g th e w o rd “ a p p r o p r ia te d .”
]'h e V I C E - P R E S I D E N T . T h e a m e n d m e n t p r o p o s e d b y t h e
S e n a to r fro m W e s t V ir g in ia to tlie a m e n d m e n t o f t h e c o m m itte e
W11J h e s t a t e d .
. T h e Secretary. I n s e c ti o n 2 8 , p a g e 7 1 , l i n e 1 7 , a f t e r t h e w o r d
h e r e b y ” in th e c o m m itte e a m e n d m e n t, i t is p ro p o s e d to s tr ik e
° h t “ a u th o riz e d ” a n d to in s e r t “ a p p r o p ria te d ,” so a s to r e a d :
. The sum of $550,000, or so much thereof a s may be necessary, is

“ereby appropriated, etc.

The amendment t o the amendment was agreed
The amendment as amended was agreed to.

to .

T h e r e a d i n g o f t l i e b i ll w a s r e s u m e d . T h e n e x t a m e n d m e n t
,
o n p a g e 74, a f t e r lin e 9, to in s e r t a s a n e w s e c tio n th e f o l­
lo w in g ;

.. Sk . 29. That the Commissioners of the District of Columbia be, and
c
are hereby, authorized aud directed to purchase, for the purpose of
n? a reservation for a public park, the several parcels of ground
ITjhe District of Columbia lying near the intersection of Branch avenue
Pennsylvania avenue SE., known as the “ Carpenter tract" and the
I *ennsylvania Avenue Heights tract,” more particularly described as fol*ows: Beginning at a point on the east line of Branch avenue 363 feet,
{uore or less, from the point of intersection of said line with the north
IIS* 01 Bowen road, said point being the northwest corner of the propof D. c . Fountain, and running thence with said east line of
“ranch avenue. in a northerly direction, 2,185 feet, more or less, to the
uth line of Pennsylvania avenue, and thence south b^ oO east with
Une of Pennsylvania avenue 1,870 feet, more or less, to the
line of the property of John A. Baker; thence with said west
if* of Baker’s property south 11° 21* east 040 feet, more or less, to
} 4 north line of the Bowen road; thence south O 19 west 137.07
o
: thence south 58“ 21' west 148.3 feet; thence north 47 39
1°, west 567.4 feet; thence north 72" 38' west 272.25 feet, thence
south 65* 30' west 07.92 feet; thence south 6 lo east 41.25
thence south 88* 45' west 433.3 feet; thence south 6 l o east
^ more or less, to (he land o t D. C Fountain, and thence with
eet*
.
“* north lini of said Fountain’s land in a westerly direction 215 feet,
*




6585

more or less, to the point of beginning; also all that property known
as “ Pennsylvania Avenue Heights ” lying north of Pennsylvania
avenue, and the E. C Carpenter tract, beginning on the north line of
.
Pennsylvania avenue where said line is intersected by the line of
division between Pennsylvania Avenue Heights subdivision and the
property of John A. Baker, and running thenCe with said line north
11° 21' west 2,612 feet, more or less; thence north 83° 1' west 198
feet; thence south 13° 53' west 602.74 feet; thence north 78° 23'
west 582.78 feet; thence north 52°53' west 145.52 feet; thence north
04" 53’ west 144.5 feet; thence north 56" 53’ west 145.52 feet;
thence north 48° 38' west 151.8 feet; thence north 60° 53' west
166.32 feet; thence north 49° 59' west 148.5 feet; thence north 74°
58’ west 78.56 feet; thence south 87° 7' west 66 feet; thence south
66° 37' west 140.58
feet; thencenorth87° 22'west 120.78feet;
thence north 62° 53' west 219.12 feet; thence north 45° 53' west 153
feet, more or less, to the east line of Thirtieth street, and thence with
said east line of Thirtieth street in a southerly direction 972 feet,
more or less, to the north line of Pennsylvania avenue, and thence with
the north line of Pennsylvania avenue south 62° 30' east 3,202 feet,
more or less, to the place of beginning, containing In all 140 acres,
more or less, exclusive of the land comprised in the extension of Q
and R streets from Pennsylvania avenue to the west line of Pennsyl­
vania Avenue Heights subdivision and Thirty second street from Penn­
sylvania avenue northward to Q street; and to pay for the said land
so taken the sum of $210,000, or so much thereof as may be necessary,
is hereby authorized out of any money in the Treasury of the United
States not otherwise appropriated : P r o v i d e d , That one half of the said
sum of $210,000, or so much thereof as may be expended, shall be re­
imbursed to the Treasury of the United States out of the revenues of
the District of Columbia, in four equal annual installments, with in­
terest at the rate of 3 per cent per annum upon the deferred pay­
ments : A n d p r o v i d e d f u r t h e r , That one-half of the sum that shall be
annually appropriated and expended for the maintenance and improve­
ment of said lands as a public park shall be charged against and paid
out of the revenues of the District of Columbia, in the same manner as
now provided by law in respect to other appropriations for the District
of Columbia, and the other half shall be appropriated out of the
Treasury of the United States. If said Commissioners shall be unable
to purchase said tracts of land at a price not exceeding the sum of
$210,000, then they shall proceed to acquire said land in the manner
prescribed for providing a site for an addition to the Government
Printing O
ffice in so much of the act approved July 1, 1898, as is set
forth on pages 648 and 649 of volume 30 of the Statutes at Large, and
for the purpose of said acquisition the Commissioners of the District of
Columbia shall have and exercise all powers conferred upon the Public
Printer in said act.
That the public park authorized and established by this act shall
be under the joint control of the Commissioners of the District of
Columbia and the Chief of Engineers of the United States Army.
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s, o n p a g e 79, a f t e r lin e 6, to in s e r t
a s a n e w s e c tio n th e f o llo w in g :

Sec. 30. For the purchase by the Commissioners of the District of
Columbia of that part of the tract of land formerly known as Graceland Cemetery, situated at the intersection of Maryland avenue, H
street, and Fifteenth street NE., consisting of all of parcel 151, sub 2,
as recorded in the office of the surveyor of the District of Columbia,
and containing 25 acres, more or less, $150,000 is authorized, or so
much thereof as may be necessary, payable one-half out of the revenues
of the District of Columbia and one-half out of any money in the
Treasury not otherwise appropriated. After the said land has been
conveyed to the United States it shall be dedicated to the uses of a
public park and be improved and cared for under the same regulations
that govern the care and improvement of other parks in the District of
Columbia.
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e 79, a f t e r lin e 21, to in s e r t
a s a n e w s e c ti o n t h e f o l l o w i n g :

Sec. 31. That the Secretary of War or other officer having charge
of the filtration plant and tbe Government reservation on which it is
situated in the District of Columbia be, and he hereby is, authorized
and directed to purchase, or cause to be taken for public use, by con­
demnation or otherwise, as an addition to said reservation for the
purpose of extending its boundaries, any land embraced in square 3126,
in the city of Washington. D. C.t not now owned by the United States
or the District of Columbia.
That for the purpose of carrying into effect the provisions of this
act the Secretary of War be. and he hereby is, authorized to expend
the sum of $8,000, or so much thereof as may be necessary, out of the
amounts heretofore appropriated by Congress for a slow sand filtration
plant, and for each and every purpose connected therewith.
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e SO, a f t e r l i n e 13, t o i n s e r t
a s a n e w s e c ti o n t h e f o l l o w i n g ;

^fc 32. For the erection of a fireproof addition to the court-house
f the District of Columbia, for the use of the court of appeals of said
listrict including such fireproof vaults as may be necessary to protect
•om destruction the papers and records of said court, and proper hcatiz and ventilating apparatus, to be constructed under the supervision
f and on plans to be furnished by the Superintendent of the Capitol
uiiding and Grounds, and approved by the Attorney-General, §200,000

T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e 80, a f t e r lin e 22, to in s e r t
a s a n e w s e c tio n th e f o llo w in g :
S ec 33. That the Secretary of State is authorized to purchase a site
and erect a building thereon, in the city of Paris, France, for the use
of the embassy and for the residence of the ambassador at that capital,
and for furnishing the same and, if necessary, otherwise adapting it to
the needs of the service, $400,000, or so much thereof as may be
necessary.

M r . C U L B E R S O N . M r . P r e s i d e n t ------M r. S C O T T . I a s k t h e S e n a to r f r o m T e x a s to a llo w t h is
a m e n d m e n t t o g o o v e r u n t i l a f t e r w e h a v e f i n is h e d t h e “ e n d in g




6586

CONGRESSIONAL RECORD— SENATE.

Mat 20,

payments: A n d p r o v i d e d f u r t h e r , That one-half of the sum that shall
be annually appropriated and expended for the maintenance and im­
provement of said lands as a public park shall be charged against
M r . C U L B E R S O N . V e r y w e ll. I a m w i l l i n g t h e s e c ti o n
and paid out of the revenues of the District of Columbia, in the same
manner now provided by law in respect to other appropriations for
s h a l l b e passed o v e r f o r t h e p r e s e n t w i t h t h e u n d e r s t a n d i n g
the District of Columbia,' and the other half shall be appropriated out
t h a t I reserve the p b i n t o f o r d e r u p o n i t.
of the Treasury of the United States. If said Commissioners shall be
T h e V IC E -P R E S ID E N T . T h e a m e n d m e n t w ill b e p a s s e d
unable to purchase said land at a price not exceeding the sum of
$150,000, then they shall proceed to acquire said land in the manner
o v e r.
prescribed for providing a site for an addition to the Government
T h e r e a d i n g o f t h e b i l l w a s r e s u m e d . T h e n e x t a m e n d m e n t Printing Office In so much of the act approved July 1, 1898, as is set
o f t h e C o m m i t te e o n P u b l i c B u i l d i n g s a n d G r o u n d s w a s , o n p a g e forth on pages 648 and 649 of volume 30 of the Statutes at Large,
and for the purpose of said acquisition the Commissioners of the Dis­
8 1 , a f t e r l i n e 4 , t o i n s e r t a s a n e w s e c ti o n t h e f o l l o w i n g :
trict of Columbia shall have and exercise all powers conferred upon
Sec. 35. That for the purpose of beginning the construction of a the Public Printer in said act: P r o v i d e d , That the public park author­
suitable and commodious fireproof building for the accommodation of ized and established by this act shall he under the joint control of the
the United States Departments of State and Justice at Washington, Commissioners of the District of Columbia and the Chief of Engineers
D. C., $100,000: P r o v i d e d , That this authorization shall not be con­ of the United States Army.
strued as fixing the limit of cost of said building at the sum hereby
M r. C U L B E R S O N . I s h o u l d l i k e t o a s k t h e S e n a t o r f r o m
named, but the building hereby provided for shall be constructed or
planned so as to cost, complete, including fireproof vaults, heatiDg and W e s t V i r g i n i a , t h e c h a i r m a n o f t h e C o m m i t t e e o n P u b l i c B u i l d ­
ventilating apparatus, and approaches, but exclusive of site, not ex­ i n g s a n d G r o u n d s , w h o i s i n c h a r g e o f t h i s b ill, i f w e a d o p t t b e
ceeding $2,500,000.
The Secretary of the Treasury, the Secretary of State, and Attorney- a m e n d m e n t w h i c h h e n o w p r o p o s e s , w h i c h I u n d e r s t a n d t o b e
General be, and are hereby, authorized and directed to enter into con­ t h e G e o r g e t o w n P a r k p r o p o s i t i o n , s h a l l w e n o t h a v e t h e n a c ­
tracts for the construction of a suitable building for said purposes, to
be designated by said Department, within the ultimate limit of cost c e p t e d in t h i s b i l l p r o v i s i o n s f o r f iv e d i f f e r e n t p a r k s — t h e R o c k
above mentioned: P r o v i d e d , That of the amount fixed as the ultimate C r e e k P a r k $ 1 0 0 0 0 0
limit of cost not to exceed $100,000 may be expended during the fiscal
M r . S C O T T . R o c k C r e e k P a r k i s n o t i n t h i s b ill, I w i l l s a y
year ending June 30, 1909.
to th e S e n a to r.
the bill, and then w e shall c o m e b a c k
Senator desires to m a k e objection t o i t .

of

t o t h e s e c tio n , I f t h e

T b e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s, a t th e to p o f p a g e 82, to in s e r t a s a
n e w s e c ti o n t h e f o l l o w i n g :

M r. C U L B E R S O N . I w a s a s k i n g t h e S e n a t o r f r o m W e s t
V i r g i n i a t h e q u e s t io n .
M r . S C O T T . N o , s i r ; I t i s n o t i n t h i s b ill.
S e c . 35. That for the purpose of beginning the construction of a
M r . C U L B E R S O N . T h e n h a v e w e n o t p r o v i d e d f o r t h e S ix ­
suitable and commodious fireproof building for the accommodation of t e e n t h - s t r e e t P a r k , $ 5 5 0 ,0 0 0 ; G r a c e l a n d C e m e t e r y P a r k , $150,the United States post-office, United States courts, and other govern­
mental offices at Denver, Colo., $50,000: P r o v i d e d , That this authori­ 0 0 0 ; G e o r g e t o w n P a r k , $ 1 5 0 ,0 0 0 , a n d P e n n s y l v a n i a A v e n u e
zation shall not be construed as fixing the limit of cost of said building H e i g h t s , $ 2 1 0 ,0 0 0 ?
at the sum hereby named, but the building hereby provided for shall be
I t l i a s b e e n s u g g e s t e d b y a S e n a t o r n e a r m e — t h e S e n a to r
constructed or planned so as to cost, complete, Including fireproof vaults,
heating and ventilating apparatus, and approaches, but exclusive of f r o m N o r t h C a r o l i n a [ M r . O v e r m a n ] — t h a t R o c k C r e e k P a r k is
site, not exceeding $1,800,000.
n o t in t h i s b i l l ; t h a t I t i s i n a n o t h e r b i l l w h i c h t h e S e n a t e h a s
The Secretary of the Treasury be, and he is hereby, authorized and
directed to enter into contracts for the construction of a suitable build­ p a s s e d ; a n d t h a t i s m y r e c o l l e c t i o n a ls o . S o w e s h a l l h a v e
ing for said purposes, to be designated by said Department, within the a d o p t e d a t t h i s s e s s io n p r o v i s i o n s f o r t b e p u r c h a s e o f fiv e d i f ­
ultimate limit of cost above mentioned: P r o v i d e d , That of the amount f e r e n t p ie c e s o f p r o p e r t y f o r p u b l i c p a r k s i n t h i s D i s t r i c t . *
fixed as the ultimate limit of cost not to exceed $50,000 may be ex­ w i l l a s k t h e S e n a t o r i f t h a t i s t h e f a c t ? I n t h e c o n f u s i o n in th e
pended during the fiscal year ending June 30, 1909.
C h a m b e r I c o u ld n o t b e c e r t a i n a s t o b o w m a n y o f t h o s e p a r k s
T h e a m e n d m e n t w a s a g r e e d to .
w e h a v e in t h i s b i ll .
T h e n e x t a m e n d m e n t w a s , o n p a g e 82, a f t e r lin e 19, to in s e r t
M r. S C O T T . I t h i n k t h e S e n a t o r f r o m T e x a s I s a b s o l u te l y
a s a new section the following:
c o r r e c t i n h i s s t a t e m e n t , b u t i n t h i s b i ll t h e G e o r g e t o w n P a r k
Sec. 36. That the sum of $10,000 be, and the same is hereby, au- w a s I n a d v e r t e n t l y l e f t o u t . A b i ll f o r t h a t p u r p o s e h a s p a s s e d
.thorized, out of any money in the Treasury not' otherwise appropriated,
to be expended under the direction of the Secretary of W to aid t h e S e n a te , i f I r e c o l l e c t a r i g h t , t h r e e t i m e s . T h i s i s a v e r y
ar,
in the erection and completion of a monument or memorial at Point h i s t o r i c p i e c e o f g r o u n d i n G e o r g e to w n , w i t h b e a u t i f u l t r e e s on
Pleasant, W Va., to commemorate the battle of the Revolution fought • it , a n d i t w o u l d c o n n e c t w i t h R o c k C r e e k P a r k , a s c o n te m p la te d
.
at that point between the colonial troops and Indians October 10,
1774: P r o v i d e d , That no part of said appropriation shall be expended i n t h e o t h e r b i l l t o w h i c h t h e S e n a t o r r e f e r s , a n d w o u l d m a k e if
until the site and plans for said monument or memorial shall D ap­ v i r t u a l l y a l l o n e p a r k . I t h i n k t h a t i f w e a r e g o i n g t o h a v e
e
proved by the Secretary of W and the grounds on which said monu­ t h e s e p a r k s — o f c o u r s e t h e S e n a t o r k n o w s t h e s e t h i n g s g o in to
ar
ment or memorial Is to be located shall he dedicated to the use of the
public and provision is made for opening and maintaining an open c o n f e r e n c e — c e r t a i n l y t b e G e o r g e t o w n P a r k s h o u l d g o in , b e ­
highway thereto.
c a u s e t h e y h a v e n o p a r k I n G e o r g e to w n . W e h a v e p a i d l i t t l e
T h e a m e n d m e n t w a s a g r e e d to .
o r n o a t t e n t i o n t o t h a t h i s t o r i c o ld ’ c i t y o v e r t h e r e , a n d I thin**
T h e n e x t amendment was, o n p a g e 8 3 , a f t e r l i n e 8, t o i n s e r t t h i s i s a v e r y d e s e r v i n g r e q u e s t t h a t t h e p e o p le t h e r e m a k e .
a s a n e w s e c ti o n t h e following:
M r. C U L B E R S O N . W h a t I w a n t e d t o c a l l a t t e n t i o n to ,
Sec. 37. That the Secretary of the Treasury he, and he Is hereby, P r e s i d e n t , w a s t h e n u m b e r o f p a r k s w e a r e p u r c h a s i n g , a n d d u
authorized and directed, in his discretion, to dispose of the site for a I n g t h e r e m a r k s o f t h e S e n a t o r f r o m W e s t V i r g i n i a I h a v e ta b
public building at Lawton, Okla., at such time and in such manner and
upon such terms as he may deem for the best interests of the United l a t e d t b e t o t a l a n d f in d i t a m o u n t s t o $ 1 ,4 6 0 ,0 0 0 .
M r. S C O T T . M r. P r e s id e n t, I t h in k t h a t w o u ld b e m oney
States, and the proceeds of such sale shall be held to be applied for
the purchase of a new site as may hereafter be directed by law.
v e r y w e l l s p e n t in d e e d , a n d I t h i n k t h a t t b e M e m b e r s o f C o
T h e a m e n d m e n t w a s a g r e e d to .
g r e s s i n b o t h H o u s e s s h o u l d t u r n t h e i r e y e s i n w a r d a n d loo
T h e r e a d i n g o f t h e b i l l w a s c o n c lu d e d .
a t th e n u m b e r o f l i t t l e c itie s a ll o v e r t b e c o u n tr y t h a t h a v e bee
M r. S C O T T . I w ill s t a te t h a t b y o v e r s ig h t p ro v is io n f o r th e
p r o v i d e d f o r , a n d n o t o b j e c t t o g o in g a h e a d w i t h t h e b e a u tifie s *
G e o r g e t o w n H e i g h t s P a r k w a s l e f t o u t o f t h e b i ll . I t h e r e f o r e t i o n a n d i m p r o v e m e n t o f t h i s g r e a t c i t y o f o u r s . I a m s u r e t
a s k , o n p a g e 7 9, a f t e r l i n e 6 , t h a t w h a t I n o w s e n d t o t h e d e s k
S e n a t o r f r o m T e x a s i s o n e w h o w i l l s t a n d w i t h m e i n t h i s co
b e in s e r te d a s a c o m m itte e a m e n d m e n t.
f e r e n c e . I f e e l c o n f id e n t o f t h a t .
T h e V IC E -P R E S ID E N T . T h e a m e n d m e n t p ro p o sed b y th e
T h e V I C E - P R E S I D E N T . T b e q u e s tio n is o n th e a m e n d m e n t
S e n a t o r f r o m W e s t V i r g i n i a o n b e h a l f o f t h e c o m m i tt e e w i l l b e p r o p o s e d b y t b e S e n a t o r f r o m W e s t V i r g i n i a [ M r . S c o r r ] 0
s ta te d .
b e h a l f o f t h e c o m m i tt e e .
M r. G A L L I N G E R . L e t i t b e n u m b e r e d s e c ti o n 3 0 , a n d t h e n
T h e a m e n d m e n t w a s a g r e e d to .
tQ
r e n u m b e r t h e f o l lo w in g s e c tio n s .
M r. S C O T T . N o w , M r. P r e s i d e n t w e a r e r e a d y to g o b a c k
T b e V I C E - P R E S I D E N T . I t w i l l b e s o o r d e r e d in t h e a b s e n c e t h e i te m in r e l a t i o n t o t h e P a r i s e m b a s s y .
T h e V I C E -P R E S ID E N T . T h e S e c r e ta r y w ill r e tu r n to se t
o f o b j e c t io n .
T h e a m e n d m e n t p ro p o s e d by tb e S e n a to r fro m
W e s t V irg in ia w ill n o w b e s ta te d .
tio n 33.
nvR/ M r . S C O T T . I h o p e t h e S e n a t o r f r o m T e x a s [ M r . CunB®1
1
T h e Secretary. I t i s p r o p o s e d t o I n s e r t a s a n a m e n d m e n t
o f t h e C o m m i t te e o n P u b l i c B u i l d i n g s a n d G r o u n d s , t o b e k n o w n bon] w i l l n o w s t a t e h i s p o i n t o f o r d e r .
g
a s s e c ti o n 3 0 , t b e f o l l o w i n g :
/ T h e V I C E - P R E S I D E N T . T h e p o i n t o f o r d e r w a s made »
S e c . 30. That the Commissioners of the District of Columbia be, and ' t o t h e a m e n d m e n t i n s e r t i n g a n e w s e c ti o n t o b e k n o w n a s s e t
they are hereby, authorized and directed to acquire for a park bv t io n 3 3 , w h i c h w a s p a s s e d o v e r . T b e s e c ti o n w i l l n o w b e r e a
purchase or condemnation, the tract of land known as “ Montrose,1
’
,w
Iyin»- immediately north of Road or R street and east of Lovers lane I T h e S e c r e t a r y r e a d a s f o l l o w s :
Sec. 33. That the Secretary of State is authorized to parch*** * £
,be
on Georgetown Heights, containing 16 acres, more or less, at an ex-

feeding $150,000; and for that purpose the sum of
50,000 is hereby appropriated, payable one half out of the revenues
of the District of Columbia and one-half out of any money in the
™ «ry
appropriated: P r o v i d e d , That one-half of the
£
°*J150,2P0'*or 80 much tbereof as States expended, reveReimbursed * the Treasury of the United may beout of the shall
to
with
0ff of 3 per cent per annum upon the deferred
with interest at the rateCoiu“lbla- In four equal annual Installments, ’

and erect a building thereon in the city of l ’aris, France, *^ tlx** *
use of the embassy and for the residence of the ambassador ai
t.
capital, and for furnishing the same and. If necessary, otherwise a
ing it to the needs of the service, $400,000, or so much tbereoi a»
be necessary
j
Mr. C U L B E R S O N . W i t h great c o n f id e n c e , Mr. Presidentm a k e t h e p o i n t o f o r d e r again st t h i s a m e n d m e n t , because i t

1908.

CONGRESSIONAL RECORD— SENATE.

h e r e to f o r e b e e n s u s ta in e d b y t h e C h a ir in a g e n e r a l a p p r o p r i a ­
tio n b ill o n th e g r o u n d t h a t i t w a s in th e n a t u r e o f g e n e r a l le g is ­
la tio n .
M r. L O D G E . M r. P r e s id e n t, I m a k e t h e p o in t t h a t t h i s is n o t
a g e n e r a l a p p r o p r i a t i o n b ill, b u t a b i l l s p e c i f i c a l l y p r o v i d i n g f o r
p u b lic b u ild in g s .
v
T h e V IC E -P R E S ID E N T . T h e C h a ir f o rm e rly s u s ta in e d th e
p o in t o f o r d e r o n a s im ila r a m e n d m e n t w h e n p ro p o s e d to a g e n ­
e r a l a p p r o p r ia tio n b ill, a n d f o r t h e r e a s o n s s t a te d b y t h e S e n ­
a t o r from T e x a s [ M r . Culberson], T h i s a m e n d m e n t , h o w e v e r ,
is p r o p o s e d t o a b i l l w h i c h i s n o t a g e n e r a l a p p r o p r i a t i o n b i ll ,
a n d th e r e f o r e th e C h a ir is c o n s tr a in e d to o v e r ru le th e p o in t o f
p ix le r .
( M r. C U L B E R S O N . I m o v e to a m e n d th e a m e n d m e n t b y
I s t r i k i n g o u t “ $ 4 0 0 ,0 0 0 ” a n d i n s e r t i n g “ $ 2 0 0 ,0 0 0 .”
V T h e V IC E -P R E S ID E N T . T h e a m e n d m e n t p ro p o se d by th e
S e n a to r fro m T e x a s w ill b e s ta te d .
/
T h e Secretary. I n s e c tio n 3 3 , p a g e 81 , b e f o r e t h e w o r d
/ “ th o u s a n d ,” i t is p ro p o s e d to a m e n d th e c o m m itte e a m e n d m e n t
[ by s tr ik in g o u t “ f o u r h u n d r e d ” a n d in s e r tin g “ tw o h u n d r e d ,”
\ 8 o a s t o r e a d “ $ 2 0 0 ,0 0 0 .”
v T h e V I C E - P R E S I D E N T . T h e q u e s tio n is o n a g r e e in g to th e
a m e n d m e n t to th e a m e n d m e n t.
M r. L O D G E . M r. P r e s i d e n t, t h i s s u b je c t w a s th o r o u g h ly
d i s c u s s e d w h e n t h e d i p l o m a t i c a n d c o n s u l a r a p p r o p r i a t i o n b i ll
tt'a s b e f o r e t h e S e n a t e . T h i s a p p r o p r i a t i o n i s b a s e d o n t h e o p ­
p o r tu n ity w h ic h n o w e x is ts , a n d w h ic h w ill so o n p a s s , o f p u r ­
c h a s in g a s u i t a b l e e m b a s s y i n P a r i s , w h i c h w i l l p r o b a b l y c o s t
s o m e w h a t l e s s t h a n $ 4 0 0 ,0 0 0 , b u t c e r t a i n l y m o r e t h a n $ 2 0 0 ,0 0 0 .
To re d u c e th e a p p r o p r ia tio n w o u ld k ill th e p r o je c t.
M r . C L A Y . M r . P r e s i d e n t , f o r o n e I d o n o t b e li e v e t h a t t h i s
a m e n d m e n t o u g h t to b e a d o p te d .
I t h a s b een s ta te d th a t th e
R eason f o r b u y in g a h o m e f o r o u r r e p r e s e n t a t i v e in P a r i s is t h a t
R is i m p o s s i b l e f o r h i m t o l i v e t h e r e o n t h e s a l a r y t h a t h e i s p a i d .
* l a y d o w n t h e p r o p o s i t i o n t h a t a h o m e t h a t c o s t s $ 4 0 0 ,0 0 0 c a n
o t b e m a i n t a i n e d o n a s a l a r y o f $ 1 7 ,0 0 0 p e r y e a r , a n d t h e i d e a
w e a r e p a s s in g t h i s le g is la tio n in th e i n te r e s t o f th e p o o r
m a n to m y m in d is a b s u r d .
M r. W A R R E N . M r . P r e s i d e n t ------L e V I C E - P R E S I D E N T . D o e s t h e S e n a to r fro m G e o rg ia
to t h e S e n a to r f r o m W y o m in g ?
M r. C L A Y . C e r t a i n l y .
M r W A R R E N . T h e S e n a to r o v e rlo o k s th e f a c t t h a t in a p la c e
w h n a r i s t l i e n if lin GXI ,o n 8 e Ss t h e l a n d i t s e l f .
T h e s tru c tu re
nofr hL g00<^ o n o iJ^ 11
s till n o t la rg e , a n d th e r u n n in g o f it w o u ld
t be e x p e n s iv e n o r t r e n c h u p o n th e f o r tu n e o f t h e a m b a s s a d o r .
- • C L A Y . T h a t m ay be tru e .
I t m a y re q u ire a good d e a l o f
ahr
i t 0 p a y r e u t *o r s u i t a b l e h o m e s f o r o u r r e p r e s e n t a t i v e s
Y r<?a d* b u t , M r . P r e s i d e n t , I m a i n t a i n n o w r t h a t a h o m e I n N e w
co st
° r a h ° m e in W a s h i n g t o n o r a h o m e i n C h i c a g o t h a t
‘ ts tw o o r th r e e o r f o u r h u n d r e d th o u s a n d d o lla r s c a n n o t b e
“ i n t a i n e d o n f i f te e n o r t w e n t y t h o u s a n d d o l l a r s a y e a r .
A poor
c an n o t on su c h a s a la r y a ffo rd to h ire th e s e rv a n ts nee‘ JD y t o k e e p i t in o r d e r a n d t a k e c a r e o f i t.
T h e a rg u m e n t th a t
n s l e g i s l a t i o n i s i n t h e i n t e r e s t o f t h e p o o r m e n w h o wra n t t o g o
Xf ad* * ° n iT m i u d i s a b s o l u t e l y a b s u r d .
M r. P r e s i d e n t , t h e c h a r a c t e r a n d r e p u t a t i o n o f o u r r e p r o s e n t a ves a b ro a d d o e s n o t d e p e n d e n tir e ly u p o n th e k in d o f h o u se s
b o y may 0C U
C py_ B e n j a m i n F r a n k l i n m a d e a g r e a t e r r e p u t a .0 n a b r o a d t h a n p r o b a b l y a n y p u b l i c m a n t h a t w e e v e r s e n t
b ro a d ,
i t is th e h ig h - c la s s s ta te s m a n s h ip a n d th e h ig h c lia ra c “r o f t h e s e g e n t l e m e n t h a t r e f l e c t c r e d i t o n t h e G o v e r n m e n t o f
l bo U n ite d S ta te s .
M e h a v e b e en e x tr e m e ly e x tr a v a g a n t, M r. P r e s id e n t, d u r in g
>o p r e s e n t s e s s io n . A p p r o p r i a t i o n s h a v e r e a c h e d s u c h a p o i n t
B
e**. *
n ° t k n o w w h e r e w e s h a ll la n d a f te r a w h ile . L e t u s
“bo- T a k e t h e a g r i c u l t u r a l a p p r o p r i a t i o n b i ll . T h e a g r i c u l t u r a l
L p r o p r i a t i o n b i l l f o r t h e f is c a l y e a r 1 9 0 7 - 8 c a r r i e d $ 9 ,4 5 7 ,8 1 0 ,
d i e t h e b i l l f o r t h i s y e a r a p p r o p r i a t e s $ 1 2 ,1 5 2 ,4 0 0 . I f m y c a l u a tio n s a r e c o r re c t, th e to ta l a p p r o p r ia tio n s f o r th is y e a r in th e
D io r e n t a p p r o p r i a t i o n b i l l s w i l l a m o u n t t o $ 1 5 8 ,0 0 0 ,0 0 0 m o r e
>an t h e t o t a l f o r l a s t y e a r — a n u n p r e c e d e n t e d i n c r e a s e in t h e
‘s t o r y o f t h i s G o v e r n m e n t . L e t u s g o f u r t h e r . T a k e t h e n a v a l
a p p r o p r i a t i o n b i ll . T h e r e i s a n i n c r e a s e i n t h a t b i l l o v e r t h e
o f l a s t y e a r o f $ 2 2 ,0 0 7 ,0 5 2 .8 8 . T a k e t h e f o r t i f i c a t i o n s a p ­
p r o p r i a t i o n b i ll .
T h e r e i s a n i n c r e a s e o f $ 4 ,7 0 2 ,5 9 0 in t h a t
b 1 o v e r t h e b ill o f l a s t y e a r . T a k e th e A rm y a p p r o p r ia tio n
2 1J1- T h e r e i s i n t h a t b i ll a n i n c r e a s e o f $ 1 7 ,0 5 2 ,7 9 0 . T a k e t h e
r e s t r i c t o f C o lu m b ia a p p r o p r ia tio n b ill. T h e r e is a n in c r e a s e
ln t h a t b ill, w h i c h w a s a p e r f e c t l y n a t u r a l i n c r e a s e , o f $ 8 0 9 ,0 0 0 .
. 1 m a in ta in th a t if w e a d o p t th is a m e n d m e n t a n d th a t if w e
t h e p o l ic y o f b u i l d i n g h o m e s f o r o u r r e p r e s e n t a t i v e s i n
J’R b ig n c o u n t r i e s , in l e s s t h a n a d o z e n y e a r s i t w i l l c o s t t h e
G o v e r n m e n t o f t h e U n i t e d S t a t e s m o r e t h a n $ 2 0 ,0 0 0 ,0 0 0 .




6587

I h o l d in m y h a n d a s t a t e m e n t o f o u r a p p r o p r i a t i o n s i n 1 8 9 6 97, 1 9 0 7 -8 , a n d 1 9 0 8 -9 . I a m n o t g o in g to ta k e tim e to r e a d
i t , b u t I s e n d i t t o t h e S e c r e t a r y ’s d e s k a n d a s k t h a t i t m a y b e
i n s e r t e d i n t h e R ecord a s a p a r t o f m y r e m a r k s . I t s h o w s t h e
g r a d u a l in c re a s e o f o u r a p p r o p ria tio n s .
T h e P R E S I D I N G O F F I C E R ( M r . N elson in t h e c h a i r ) .
In
th e a b s e n c e o f o b je c tio n , p e r m is s io n is g r a n te d .
T h e s t a te m e n t r e f e r r e d to is a s f o l lo w s :

As passed the Senate.
Agriculture______________
Army__________________
Diplomatic and consular_____
District of Columbia_______
Fortification_____________
Indian_____ __________
Legislative, etc___________
Military Academy_________
Navy_________________
Pension________________
River and harbor__________
Post-office______________
Sundry civil________ _____
Total-------------------------

1896-97.
$3,333,652.00
23,279,402.73
1,642,558.76
7,285,139.42
10.763.888.00
7,657,596.79
21,627,794.71
449,525.61
30,062,739.95
141,378,580.00
93,171,564.22
12.690.550.00
36,406,149.29
389,749,141.48

1907-8.

1906-9.

$9,457,810.00 $12,152,406.00
81,787,610.54 98.840,409.12
3,597,230.01
3,071,277.72
10,766,562.63 11,575,513.85
7,453,589.00 12,116,187.01
12,876,110.76 10,532,826.87
30,847,533.80 32,905,031.00
826,337.87
1,947,383.42
101,108,007.50 123,115,659.88
146,143,000.00 163,053,000.00
212,234,393.00 229,706,367.00
40,123,908.00
115,416,161.30 118,791,275.72
773,233,347.67

M r. C L A Y . A s w a s s a id b y t h e S e n a to r f r o m T e x a s [M r.
w e h a v e in s e r te d in t h is b ill ite m s a p p r o p r ia tin g
n e a r l y o n e m il l io n d o l l a r s f o r p a r k s .
M r. C U L B E R S O N . O n e m illio n f o u r h u n d r e d a n d s ix ty th o u ­
s a n d d o lla rs .
M r . C l A Y . W e h a v e p a s s e d o t h e r b i l l s ------M r. C U L B E R S O N . T h e S e n a to r is c o rre c t.
T h is b ill c a r ­
r i e s a l i t t l e o v e r a m il l io n d o l l a r s f o r p a r k p u r p o s e s .
M r. C L A Y . Y e s.
N o w , M r. P r e s id e n t, in m y o p in io n , w e
o u g h t n o t t o h a v e in t h i s b i l l a n y a p p r o p r i a t i o n s e x c e p t f o r p u b ­
l i c b u i l d i n g s o f t h e U n i t e d S t a t e s . I f 5^e d e s i r e p a r k s i n t h e
c ity o f W a s h in g to n — a n d w e o u g h t to h a v e th e m to a r e a s o n a b le
e x te n t— th e b ills p ro v id in g f o r th e m o u g h t t o h a v e b e e n r e f e r r e d
to th e C o m m itte e o n th e D i s t r i c t o f C o lu m b ia ; t h a t c o m m itte e
o u g h t to h a v e c o n s id e re d t h e m e a s u re s , a n d e a c h o n e s h o u ld
p a s s u p o n its m e r its . O b s e rv a tio n te a c h e s m e t h a t d u r in g th e
c l o s i n g h o u r s o f a s e s s io n o f C o n g r e s s , w h e n w e o n l y h a v e a
fe w a p p r o p r ia tio n b ills to p a s s , th e r e c o m e in to th e S e n a te a n d
a r e r e f e r r e d t o t h e A p p r o p r i a t i o n s C o m m i t te e , t o t h e C o m m i t ­
t e e o n P o s t- O f f ic e s a n d P o s t - R o a d s , a n d t o t h e C o m m i t t e e o n
P u b lic B u ild in g s a n d G ro u n d s , a ll k in d s o f p r o p o s itio n s f o r
le g is la tio n w h ic h h a s f a ile d e ls e w h e re to b e in s e r te d in a p p r o ­
p r i a t i o n b i ll s .
T h is a m e n d m e n t, if i t is a p ro p e r m e a su re , o u g h t to h a v e
b e e n r e f e r r e d to th e C o m m itte e o n F o r e ig n R e la tio n s . I t o u g h t
to h a v e b e e n c o n s i d e r e d b y a n d p a s s e d u p o n b y t h a t c o m m i t t e e .
T h e C o m m itte e o n P u b lic B u ild in g s a n d G ro u n d s n e v e r h a s
c o n s id e re d a m e a s u r e o f t h is k in d b e fo re .
M r. L O D G E . M r. P r e s id e n t, i f t h e S e n a to r w ill a llo w
m e ------M r. C L A Y . C e r t a i n l y .
M r. L O D G E . T h e s u b j e c t h a s b e e n f u lly c o n s id e re d b y t h e
C o m m itte e o n F o r e ig n R e la tio n s , a n d th e y w e r e u n a n im o u s in
th e ir re p o rt.
T h e y re p o rte d i t firs t a s a n a m e n d m e n t to th e
d ip lo m a tic a n d c o n s u la r a p p r o p r ia tio n b i ll ; th e n th e y r e p o rte d
it a seco n d tim e a s a n a m e n d m e n t to th is b i l l ; a n d th e y h a v e
r e p o rte d i t a ls o a s a n in d e p e n d e n t b ill.
T h e c o m m itte e h a v e
g i v e n i t t h e m o s t t h o r o u g h c o n s i d e r a t i o n p o s s ib l e .
M r. C L A Y . I u n d e r s t a n d t h i s m e a s u r e w a s in tr o d u c e d a n d
r e f e r r e d to th e C o m m itte e o n F o r e ig n R e la tio n s ; t h a t tlie C o m ­
m itte e o n F o r e ig n R e la tio n s r e f e r r e d i t b a c k to t h e C o m m itte e
i o n A p p r o p r ia tio n s ; a n d t h a t t h e C o m m itte e o n A p p r o p r ia tio n s
i n s e r t e d i t i n a n a p p r o p r i a t i o n b i ll , I t h i n k , t h e s u n d r y c i v i l

Culberson]

i b i ll .
M r. L O D G E . T h e c o m m itte e a g a in c o n s id e re d it a n d r e p o r te d
i t b a c k a s a n a m e n d m e n t t o t h e s u n d r y c iv i l b i l l a n d a s a n
! a m e n d m e n t t o t h i s b ill.
M r . C L A Y . B u t t h i s b i ll i s n o t t h e p r o p e r p l a c e w h e r e i t
! o u g h t to b e in s e r te d , in m y ju d g m e n t, if it is to b e p a s s e d a t a ll.
I d o n o t b e li e v e w e o u g h t t o p a y $ 4 0 0 ,0 0 0 f o r a r e s i d e n c e f o r
| o u r r e p r e s e n ta tiv e in P a r is . I t o u g h t to b e b o u g h t f o r le s s
t h a n t h a t i f w e a r e g o in g i n t o t h a t b u s i n e s s a t a l l .
M r. L O D G E . I f t h i s b i ll i s n o t a s u i t a b l e b i l l u p o n w h i c h
t o p u t a n a p p r o p r i a t i o n f o r a p u b l ic b u i l d i n g , I r e a l l y d o n o t
k n o w w b a t w o u ld be.
M r. C L A Y . W h y d i d n o t t h e S e n a t o r r e f e r i t t o t h e c o m ­
m i t t e e in t h e f i r s t i n s t a n c e ?
T li e S e n a t o r i n t r o d u c e d t h i s b i l l
a m i h a d it r e f e r r e d to th e C o m m itte e o n F o r e ig n R e la tio n s ,
! a n d a f t e r th e C o m m itte e o n F o r e ig n R e la tio n s a c te d u p o n th e
1 m e a s u r e i t w a s r e f e r r e d to th e C o m m itte e o n A p p r o p r ia tio n s .




6588

CONGRESSIONAL RECORD— SENATE

T h e C o m m i t te e o n A p p r o p r i a t i o n s r e p o r t e d i t t o t h e S e n a t e in
a n a p p r o p r i a t i o n b ill, a n d i t w e n t o u t o n a p o i n t o f o r d e r .
N o w , tw o d a y s b e fo re w e a d jo u r n , t h is s a m e a m e n d m e n t c o m e s
f r o m t h e C o m m i t te e o n P u b l i c B u i l d i n g s a n d G r o u n d s t o b e
i n s e r t e d i n t h i s b ill.
M r . G A L L I N G E R . M r . P r e s i d e n t ------T h e V I C E - P R E S I D E N T . D o e s t h e S e n a t o r f r o m G e o r g ia
y ie ld to th e S e n a to r f r o m N e w H a m p s h ir e ?
M r. C L A Y . C e rta in ly , w ith p le a s u re .
M r . G A L L I N G E R . F o r t h e p u r p o s e o f k e e p i n g t h e R ecord
r ig h t in r e g a r d to p a r k s , w h ic h th e S e n a to r d is c u s s e d a m o ­
m e n t a g o , a n d in a n s w e r t o a s u g g e s t i o n t h a t t h e s e b i l l s o u g h t
t o h a v e b e e n r e f e r r e d t o t h e C o m m i t te e o n t h e D i s t r i c t o f C o ­
lu m b ia , I w ill s a y to th e S e n a to r t h a t b ills p r o v id in g f o r th e
p a r k s n a m e d i n t h i s b i ll — a n d I a m n o t g o i n g t o a r g u e t h e
m e r i t s o f t h e m n o w — w e r e a l l r e f e r r e d t o t h e C o m m i t te e o n t h e
D i s t r i c t o f C o lu m b ia , a n d e a c h o n e h a s b e e n e i t h e r t w i c e o r
th r e e tim e s f a v o r a b ly r e p o rte d fro m t h a t c o m m itte e a n d h a s
p a s s e d t h e S e n a t e . S o t h a t , s o f a r a s t h e C o m m i t te e o n t h e
D is t r i c t o f C o lu m b ia is c o n c e rn e d , th e S e n a te i ts e l f s e e m s to
c o n c u r i n t h e v ie w t h a t t h e y o u g h t t o b e p u r c h a s e d . I s im p ly
m e n t i o n t h i s t o k e e p t h e R ecord r i g h t o n t h a t p o i n t.
M r. C L A Y . T h e S e n a to r c a n se e th e d a n g e r o f in s e r tin g
n u m e r o u s b i l l s in a p u b l ic b u i l d i n g s b i ll . M y o b s e r v a t i o n ------M r . G A L L I N G E R . M r. P r e s i d e n t ------M r . C L A Y . J u s t o n e m o m e n t , w i t h t h e S e n a t o r ’s p e r m i s s io n .
M r. G A L L IN G E R . C e r ta in ly .
M r. C L A Y . M y o b s e r v a tio n te a c h e s m e t h a t w h e n a m e a s u r e
c o m es b e fo re th e S e n a te u p o n i ts o w n m e r its a n d is c o n s id e re d
s e p a r a te ly fro m o th e r m e a s u re s , i t re c e iv e s m o re c a r e f u l a n d
c r itic a l a tte n tio n a t t h e h a n d s o f th e S e n a te t h a n i t o th e rw is e
w o u l d r e c e iv e .
M r. G A L L IN G E R . U n d o u b te d ly .
M r. C L A Y . S e n a to r s a r e d e e p ly i n te r e s te d in t h e p a s s a g e o f
t h e p e n d in g b i l l a n d S e n a t o r s w o u l d b e e v e n w i l l i n g t o s e e a
m a t t e r o b j e c t i o n a b l e * i n s e r t e d i n i t r a t h e r t h a n t o h a v e t h e b i ll
f a i l . A p u b l ic b u i l d i n g s b i l l i s a b s o l u t e l y n e c e s s a r y .
M r. G A L L IN G E R . B u t, M r. P r e s id e n t, I w ill f u r t h e r sa y
r e g a r d i n g t h e p a r k s , t h a t i n t h e l a s t C o n g r e s s a c o m m is s io n
w a s a p p o in te d to in v e s tig a te th e s e m a tte r s , c o m p o s e d o f th e
m e m b e r s o f t h e C o m m i t te e o n P u b l i c B u i l d i n g s a n d G r o u n d s
a n d t h e C o m m i t te e o n t h e D i s t r i c t o f C o lu m b ia , a n d t h a t c o m ­
m is s io n u n a n im o u s ly r e p o rte d in f a v o r o f e s ta b lis h in g th e s e
p a r k s . I w ill go f u r t h e r a n d s a y , M r. P r e s id e n t, t h a t a t t h is
s e s s io n t h e C o m m i t te e o n t h e D i s t r i c t o f C o lu m b ia , b e in g o v e r ­
w h e lm e d w ith w o rk , h a v in g h u n d r e d s a n d h u n d r e d s o f b ills
b e f o r e i t , a t m y s u g g e s t i o n s e n t t h e s e b i l l t o t h e C o m m i t te e o n
P u b lic B u ild in g s a n d G ro u n d s , a n d th e y h a v e b e e n c o n s id e re d
i n t h i s C o n g r e s s b y t h a t c o m m i tt e e .
M r. W A R R E N . I w i l l a s k i f t h e y h a v e n o t a l r e a d y p a s s e d
th e S e n a te ?
M r. G A L L I N G E R . E a c h o n e o f t h e m , t w o o r t h r e e t i m e s ;
c e r t a i n l y t w ic e .
M r . C L A Y . T a k e t h e p e n d i n g b i ll r e p o r t e d f r o m t h e C o m m i t ­
te e on P u b lic B u ild in g s a n d G ro u n d s . I t c a r r ie s a b o u t th ir ty t w o o r t h i r t y - t h r e e m il l io n d o l l a r s , a n d t h a t l a r g e a m o u n t in
t h e e y e s o f t h e p u b l ic i s c h a r g e d t o p u b l i c b u i l d i n g s .
T h e r e is i n s e r t e d i n t h i s b i l l $ 2 ,5 0 0 ,0 0 0 f o r a b u i l d i n g f o r t h e
D e p a r tm e n t o f J u s tic e . I h a v e n o o b je c tio n to it, a n d th in k it
o u g h t t o b e b u i l t , b u t I b e li e v e m y s e l f i t w o u l d h a v e b e e n f a r
b e t t e r t o h a v e p r o v i d e d a s e p a r a t e b i l l i n o r d e r t h a t t h e p u b lic
b u i l d i n g s b i ll m i g h t r e s t o n i t s o w n m e r i t s .
T h e r e is , in t h i s m e a s u r e , a n i t e m o f $ 2 ,5 0 0 ,0 0 0 f o r a b u i l d ­
i n g f o r t h e D e p a r t m e n t o f J u s t i c e , r e a l l y c h a r g e a b l e t o p u b l ic
b u i l d i n g s a n d g r o u n d s . H e r e i s a n i t e m o f $ 4 0 0 ,0 0 0 f o r P a r i s ,
c h a r g e d t o p u b l i c b u i l d i n g s a n d g r o u n d s . H e r e i s $ 1 ,4 0 0 ,0 0 0
f o r p a r k s in t h e c i t y o f W a s h i n g t o n , c h a r g e d to p u b l ic b u i l d i n g s
a n d g ro u n d s . T h e s e t h r e e p a r k s a n d th e n e w b u ild in g to be
b o u g h t in P a r is a n d th e b u ild in g f o r th e D e p a r tm e n t o f J u s tic e
c a r r y a l a r g e r a m o u n t t h a n e v e r y S t a t e i n t h e A m e r i c a n U n io n .
I p r e d i c t t h a t i f y o u i n s e r t t h i s $ 4 0 0 ,0 0 0 , t h i s p i t i f u l s u m f o r a
h o m e f o r a p o o r m a n to r e p r e s e n t u s a b r o a d , in l e s s t h a n t w e n t y
y e a r s — in l e s s t h a n a d o z e n y e a r s — y o u w i l l h a v e s p e n t m o r e
th a n tw e n ty tim e s t h a t su m , se n d in g th e m o n ey a b r o a d to b e
in v e s te d in s te a d o f k e e p in g i t a t h o m e . W e a r e o v e r 125 y e a r s
o f age. W e h a v e b een re p re se n te d a b ro a d by F r a n k lin a n d by
Je ffe rso n a n d by A d a m s— m en w h o h a v e m a d e h is to ry a t hom e
a n d a b r o a d o n re a s o n a b le s a la r ie s , a n d th e y g a v e th is c o u n try
a n a m e a n d c h a r a c te r a b r o a d o f w h ic h t h e i r d e s c e n d a n ts a r e
p r o u d , a n d t h e y d i d n o t h a v e a $ 4 0 0 ,0 0 0 h o m e in w h i c h t o d o
i t , M r. P r e s i d e n t . F o r m y p a r t I a m a g a i n s t t h e a m e n d m e n t .
M r. S C O T T . W il l t h e S e n a t o r f r o m G e o r g ia a ll o w m e t o s u g ­
g e s t t o h im t h a t i t t a k e s m o r e c l o t h n o w to m a k e h im a p a i r o f
p a n ta lo o n s th a n i t d id w h e n h e w a s a b o y ? T h is c o u n tr y is

May 20

n o w 1 2 5 y e a r s o ld , a n d i t r e q u i r e s m o r e b u i l d i n g s a n d b e t t e r
o n es th a n w h en i t w a s a n in fa n t.
I th in k th e S e n a to r d id n o t in te n d to s a y t h a t th e a m o u n t
a p p r o p r i a t e d f o r p u b l ic b u i l d i n g s i n t h e c i t y o f W a s h i n g t o n a n d
t h e p a r k s a m o u n t e d t o m o r e t h a n a l l t h e S t a t e s g o t. T h e S e n a ­
t o r d i d n o t m e a n t h a t , d i d h e , b e c a u s e t h e l a r g e s t a m o u n t ------M r. C L A Y . N o ; I m e a n t m o r e t h a n n e a r l y h a l f t h e a m o u n t
t h e S e n a t e a d o p t e d . W e p u t a b o u t $ 9 ,0 0 0 ,0 0 0 o n t h i s b i l l i n t h e
S e n a te . T h a t i s m y r e c o l le c ti o n .
M r . S C O T T . Y e s.
M r . C L A Y . W e p u t o n $ 2 ,5 0 0 ,0 0 0 f o r a b u ild iD g f o r t h e D e ­
p a r t m e n t s o f J u s t i c e a n d S t a t e ; w e p l a c e d o n t h e b i ll $1,400,000
f o r t h e p a r k s . T h a t i s $ 3 ,9 0 0 ,0 0 0 . W e p u t o n $ 4 0 0 ,0 0 0 f o r
th e h o u s e in P a r is , m a k in g f o u r m illio n s a n d n e a r ly a h a lf o f
a m e n d m e n t s a d o p t e d b y t h e S e n a t e t o t h e b i ll . C o n s e q u e n tly ,
th e a m e n d m e n ts w e h a v e a d o p te d — I m e a n f o r th e D is tr ic t of
C o l u m b i a a n d f o r t h e h o u s e i n t h e c i t y o f P a r i s — a m o u n t to
n e a r ly a s m u c h a s a ll th e a m e n d m e n ts w e h a v e a d o p te d f o r th e
S ta te s .
M r. S C O T T . I a m v e ry s o r r y t h a t a m e m b e r o f m y com ­
m i t t e e s h o u l d b e s o v e r y h o s t i l e t o t h i s b i ll .
M r . C L A Y . I a m n o t h o s t i l e t o t h e b i ll , I a m to t h e s e tw o
i te m s .
M r. S C O T T . I th o u g h t t h e c o m m itte e h a d tr e a te d th e S e n ­
a t o r fro m G e o rg ia v e ry lib e r a lly , w h e n t h e a p p r o p r ia tio n s fo r
t h e S t a t e o f G e o r g i a a r e n e a r l y $ 6 0 0 ,0 0 0 .
I am v e ry so rry
in d e e d ------_
M r . C L A Y . O n e m o m e n t , w i t h t h e S e n a t o r ’s p e r m i s s io n . I
p u t o n t h i s b i l l f o r G e o r g ia l e s s t h a n a h u n d r e d t h o u s a n d . 1
h a v e n o t o b j e c t e d t o a s i n g l e i t e m i n t h i s b i ll e x c e p t t h e tw o
i t e m s I h a v e r e f e r r e d to .
M r. S C O T T . L e t u s h a v e a v o te . I s h o u ld lik e to g e t th e
b ill p a s s e d .
T
M r . C U L B E R S O N . M r . P r e s i d e n t , o n a n o t h e r o c c a s io n I
s u g g e s t e d , w i t h r e f e r e n c e t o t h i s i t e m o f $ 4 0 0 ,0 0 0 f o r a n e m ­
b a s s y a t P a r i s , t h a t i t w a s s u c h a d e p a r t u r e f r o m t h e p r a c t ic e
o f th e G o v e rn m e n t t h a t C o n g re s s o u g h t to h a v e a n o p p o rtu n ity
to g iv e th e m a t t e r g e n e r a l c o n s id e ra tio n .
I n v ie w o f t h a t
s u g g e s t i o n I m a d e t h e p o i n t o f o r d e r w h e n t h e i te m w a s pr°*
p o s e d o n a n o th e r b i ll ; a n d th e p o in t o f o r d e r w a s s u s ta in e d .
M r. P r e s id e n t, n o tw ith s ta n d in g t h a t , n o tw ith s ta n d in g t h a t
I u n d e r s t o o d t h a t t h e r e w a s a g e n e r a l c o n s e n s u s o f o p i n io n t h a t
th e m a t t e r o u g h t to be c o n s id e re d , t h i s ite m is p la c e d o n w h a t
I b e li e v e t o b e a g e n e r a l a p p r o p r i a t i o n b ill. I t i s in s u b s ta n c e
a n d e ffe c t a t le a s t. B u t t h e V ic e -P re s id e n t h a s h e ld t h a t i t w a s
n o t a g e n e r a l a p p r o p r i a t i o n b i l l . T h e i t e m h a s b e e n p u t oh
h e r e a s a n a m e n d m e n t a t t h e c lo s in g h o u r s o f t h e s e s s io n w h e n
i t w i l l b e i m p o s s i b le f o r t h e o t h e r b r a n c h o f t h e le g i s l a ti v e
g o v e rn m e n t to g iv e i t c o n s id e ra tio n a t a ll. A p o in t o f o r d e r — "
M r . W A R R E N . D o e s n o t t h e S e n a t o r f r o m T e x a s k n o w tb fl
t h e m a t t e r o f t h e U n i t e d S t a t e s o w n i n g p u b l ic b u i l d i n g s a b r o a d
h a s b e e n c o n s id e re d in th e H o u s e , a n d t h a t b ills h a v e b e e n re ­
p o rte d fa v o ra b ly f o r s e v e ra l o f th e m ?
M r . C U L B E R S O N . M y i n f o r m a t i o n Is t h a t t h i s m e a s u r e
n o t b e e n c o n s id e re d b y th e o th e r b r a n c h o f C o n g re ss, a n d tb
t h e g e n e r a l s u b j e c t h a s n o t 'b e e n g i v e n a n y c o n s i d e r a t i o n .
I m a d e th e p o in t o f o r d e r u p o n th is a p p ro p ria tio n on t
g r o u n d t h a t i t o u g h t t o r e c e iv e g e n e r a l c o n s i d e r a t i o n , b e c a u
i t I s a n e n t i r e c h a n g e o f p o lic y o n t h e p a r t o f t h e G o v e r n m
a n d w i l l f o r c e u s t o e x p e n d a n y w h e r e f r o m tw e n ty - f i v e to o
h u n d r e d m il l io n d o l l a r s b e f o r e w e c o n c l u d e i t
s
T h e S e n a t o r f r o m M a s s a c h u s e t t s [ M r . L o d g e ], w h e n h e 'v ‘
o n t h e f lo o r a m o m e n t a g o , s u g g e s t e d t h a t t h e r e i s a n u r g e n ^
a b o u t t h i s m a t t e r b e c a u s e w e h a v e a k i n d o f o p t io n o n a h ° u .
in P a r is . I p re s u m e i t is th e h o u s e n o w o c c u p ie d b y th e A m o r
c a n a m b a s s a d o r th e r e a n d a b o u t w h ic h w e h a v e h e a r d a
d e a l o n t h i s flo o r. B u t u n d e r t h i s a m e n d m e n t , a s i t a PPe a m
i n t h e p e n d in g b i ll , i t i s i m p o s s i b le to b u y t h a t b o u s e . I a
g la d o f it, b e c a u s e I th in k i t is a n o u tra g e o u s p ric e fo r 1
G o v e rn m e n t o f th e U n ite d S t a te s to p a y f o r a re s id e n c e f ° r ° r
o f i t s c it i z e n s , a n d w i l l m a k e i t a b s o l u t e l y i m p o s s i b le f o r a P w
m a n to re p re s e n t u s th e re .
.
M r . W A R R E N . O f c o u r s e t h e S e n a t o r understands tjj* *
i s n o t o n l y f o r a r e s i d e n c e , b u t f o r t h e o ffic e s o f t h e e m M j '
M r . C U L B E R S O N . I u n d e r s t a n d t h a t . S e c ti o n 3 3 r e a d s
That the Secretary of State is authorized to purchase a 8*t®#

erect a building thereon, In the city of Paris, France, for the ust
and
embassy and for the residence of the ambassador at that eapu < tjjC
fo r furnishing the same and, if necessary, otherwise adapting ” ^.rt.
needs of the service, $400,000, or so much thereof as may be oece
So, u n d e r th is a m e n d m e n t, if a d o p te d , w e m u s t b u y n
a n d e r e c t a b u i ld i n g , a u d t h e f a c t t h a t t h e r e i s a s o f “ o p t i o n ” u p o n a p ie c e o f p r o p e r t y i n P a r i s n o w o c c u p ie i
A m b a s s a d o r W h ite is n o r e a s o n fo r th e a d o p tio n o f th e a m
m e u t.

.
•

1908.

i

i
I

CONGRESSIONAL RECORD— SENATE.

As tbe point of order has been overruled, and as I believe
that if we enter upon this policy at all $400,000 is too much
money, the amendment pending is the one I have offered to
reduce it from $400,000 to $200 ,000 . I believe, instead of fol­
lowing royalty and aping the ways of royalty in snobbery, the
American ambassador to Paris and our ambassadors to other
capitals ought to set examples of frugality and simplicity.
Mr. OVERMAN. Mr. President, this matter was brought
here on another appropriation bill, and was ruled out on a point
of order. It then came here as a separate proposition—as a
bill. That bill has not been before the Senate. It has not been
called up. As I understand, it is on the Calendar. It ought to
be brought forward and discussed as a separate proposition.
If we are to enter upon the policy of erecting houses abroad
for our ministers, I should not oppose it, provided we have
Modest residences abroad in accord with the simplicity of our
Republic.
Some one has sent me an editorial from a paper in the State
°f Massachusetts, which I desire the Secretary to read. It is
short and expresses my sentiments upon this matter. I think if
are going to enter upon this policy we ought to do so on a
SeParate measure, and not have it brought forward here at
this late hour on an appropriation bill in order to force it
through. I ask the Secretary to read the editorial from the
Massachusetts paper.
Jhe PRESIDING OFFICER. The Secretary will read as
re9uested, in the absence of objection.
The Secretary read as follows:

[From the Newburyport (Mass.) Dally News, Tuesday, May 5, 190S.]
AK H H U F B AP O MN
IC O SE O
OR A.
Senator O
verman, of North Carolina, asked a pertinent and slg
u rt nt question In the Senate a day or two ago, when there was
n
denr $°nsi(Jeration the appropriation of $400,000 for an official resitHiiS:,. r the American ambassador at Paris. “ Does the Senator
houso’v. sar ,ie’ “ that a I)00r man could afford to live in a $400,000
ld
in itB < This seems to us to be a question which is more far-reaching
that tk ^ than would appear at first blush. It is undeniably true
hot nf .wrosldences °f “ any of our ambassadors at foreign capitals are
of th1 1 v character which at all comports with the proper facilitation
resiri.?^pul) c business or the dignity which should attach to the official
AtcPHooa representative of the United States abroad. No good
lh-e i« n wants the representative of his country in a foreign land to
q ” . &tenement lim A nr in n hn nll^vr T xrnnfa him
,
iR
fn
IIva
all thi i j
«wuvau ^uucuiau auu tuc ui&uuy U ni» uuice.
i
®re E rl LDl8 , s , in im m in ent danger o f exaggeration.
O ur am bassadors
°r to rv ^ e n . a ° r,o ad to “ m ake a spread ” or to " dazzle tlie n a tives,”
it. if ™ Pete w ith roy a lty , and lea st o f a ll to toady to it or Im itate
the V i i *
P®0Pia ° f G erm any, for instance, are con tent to fu rn ish
bnxin
^ . 0 0 0 , 0 0 0 fo r his personal liv in g expenses th a t is their
. A . 1 °,ffcrs no, reason or excuse for the housing o f our
of havino.0r„ 5 .
! ° a palace or fo r h avin g him under the necessity
a ttached to nis office a large retinue o f useless serva n ts.
Plieftv sr 8 . uld characterize a representative A m erican, not the sim of self.roo sevare. as to partake o f cheeseparing or boorishness or lack
Itself K
the sim p licity sufficiently unpretentious to stam p
S p e t i I . Ahe 8eaI o f Pure Am erican dem ocracy,
hot
O verman ' s inquiry seem s to us to he w ell tim ed. W e do
the biiRinVe th at, even in P a ris, a $ 4 0 0 ,0 0 0 palace is requisite to either
ambaoeoA 88 ° t the em bassy or to th e m ainten ance o f the d ign ity o f the
With
B u t a ll th is aside, there is the larger question, recurring
•PecM n^ii“ t®tit frequency In our ow n com m u nities, and involved
fiav iqLa y and forcibly In Senator O verman ’ s query, o f w hether the
This iR° l er w lien a poor m an shall he able to hold a public station,
can n o t \ matter of 8upreme and em ph atic Im portance and one w hich
attention
°*te n discussed or too largely enforced upon public
trite T o t K
i e ^ le g a t io n bag been m ade so frequ ently th at it is as
gres's
D ecalogue th a t “ a poor m an can n ot afford to go to Conthen
. s ls hardly susceptible o f denial.
I t is true th at poor
f’fcrsi.noi 8 ® et|mes go there, bu t It Is Invariably a t the cost o f their
p
late T h iJ .ort,iP es- T h is w as true o f the late Senator U oar and o f the
l»m n ” ?™ 118 R- Itecd, both distingu ish ed fo r a royal qu ality o f patrlotto provp %.vW lc s P,r lt and u n sw ervin g honesty.
T h e exception is said
serve in
rule' an<l their cases are a proof th at a poor m an can
i* Invnri»V?n" ress’ hut w R h the h igh fa lu tin tendencies o f our tim es it
•hblip i!?«
l a 5a<*rlflce.
And if th is be true here in our com m onest
*u->. eatlii ’ , at would be the predicam ent, ns Senator
verm
an has
Up a
foreign am bassador from this country w ho had to keep
anrl
h ouse?
Are high a ttain m en t and distinguished ability
altar . f ss
, *he delicate du ties o f diplom acy to be sacrificed on the
\Ve I a Ta,n* lo rious toadyism ?

ahtW ,
sv>H

O

I

I

r°yaltv
ou.r representatives abroad to be royal. But not with the
from iki Aft e and pomp and vain show, tlie symbols of the things
but thn cn . others sought escape when they founded the Republic;
Just t> irof a'ty of high and Independent ideals of life and action, of
ri
W
hlchT t .Dm true essence of American citizenship; the royalty with
the cnnrt e ams was clothed when in a plain suit of black lie entered
of
James as the first American ambassador, between lines
globe •
^ked and bedizened diplomats from every quarter of tbe
J.oyalty which Samuel Adams proclaimed in F&neuil lia.ll and
Utija ,, ‘ ranklin and Thomas Jefferson and Abraham Lincoln have
Dgiit J r <'r * v . and which gives every American who possesses It the
h r* paraphrase the old Homan tind say with pride which lifts the
r:U
Am
er.
v^ry m who utters it into supernal atmosphere, “ I am an
ai1
but »n a cR'2 1 • ” Not a serf ; not an imitator ; not an apologist;
01
C u
an
in citizen clad in a civic righteousness and dignity which
God’n r-,the P noply of the citizen of no other nation on the face of
®
/ 8 green earth.
to t |10 [RESIDING OFFICER. The question is on agreeing
t0 ,e htnendiiMait of the Senator from Texas rMr. Culhehson],
" four " aU(i Risert “ two,” in line 3, on page 81




6589

Mr. CULBERSON. On that I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. CLAPP (when his name was called). In the absence of
my pair, I withhold my vote.
Mr. CLARK of Wyoming (when his name was called). I
have a general pair with the Senator from Missouri [Mr.
Stone], As he is not present, I withhold my vote. If at liberty
to vote, I should vote “ nay.”
Mr. CULLOM (when his name was called). I have a gen­
eral pair with the junior Senator from Virginia [Mr. Martin],
In his absence, I withhold my vote. If he were present, I
should vote “ nay.”
.
Mr. DILLINGHAM (when his name was called). I have a
general pair with the senior Senator from South Carolina [Mr.
Tillman], who is absent. I transfer it to the Senator from
Connecticut [Mr. Bulkeley] and will vote. -I vote “ nay.”
Mr. FOSTER (when his name was called). In the absence
of my pair, I withhold my vote.
Mr. FULTON (when his name was called). I have a gen­
eral pair with the junior Senator from Arkansas [Mr. Davis].
He is not present. I transfer the pair to my colleague, the
junior Senator from Oregon [Mr. Bourne] and will vote. I
vote “ nay.”
Mr. GAMBLE (when his name was called). I have a general
pair with the senior Senator from Nevada [Mr. Newlands].
I transfer it to the junior Senator from Maine [Mr. F rye] and
I will vote. I vote “ nay.”
The roll call was concluded.
Mr. CLARK of Wyoming. I transfer my pair with tlie Sena­
tor from Missouri [Mr. Stone] to the Senator from Ohio [Mr.
Foraker], and will vote. I vote “ nay.”
The result was announced—yeas 18, nays 37, as follow s:
TEAS—18.

Bailey
Bankhead
Borah
Clay
Culberson
Aldrich
Ankeny
Bacon
Briggs
Brown
Burkett
Burnham
Carter
Clark. W
yo.
Curtis
Allison
Beveridge
Bourne
Hrnndegee
Bulkeiey
Burrows
Clapp
Clarke, Ark.
Crane
Cullom

Frazier
Hale
Johnston
Knox
McCreary

McLaurin
Money
Nelson
Overman
Paynter
NAYS—37.
Dick
Hopkins
Dillingham
Kean
Dixon
Lodge
Long
du Pont
Flint
Perkins
Fulton
Piles
Gallinger
Rayner
Gamble
Scott
Gujrsenhelm
Smith, M
d.
Heyourn
Smith, Mich.
NOT VOTING—37.
Hansbrough
Daniel
Hemenway
Davis
Kittredge
Depew
La Follette
Dol liver
Elkins
M
cCumber
McEnery
Foraker
Martin
Foster
Milton
Frye
Gary
Newlands
Nixon
Gore

Richardson
Taliaferro
Teller

Smoot
Stephenson
Stewart
Sutherland
Warner
Warren
Wetmore

-ftY.en,
Penrose
Platt
Simmons
Stone
Taylor
Tillman

So Mr. Culberson’s amendment to the amendment was re­
jected.
Mr. BACON. Mr. President, I desire to say one word before
the vote is taken on the amendment.
Mr. LODGE. I merely wish to modify the amendment.
Mr. BACON. Mr. President, I voted against the proposition
to strike out $400,000 and insert $200,000. It occurred to me,
when I was considering which way I should vote, that if in my
town, Macon, a place of thirty-five or forty thousand inhabi­
tants, the Congress of the United States considered that it re­
quired $300,000 to put up a suitable building, conformable to
the dignity and standing of the United States Government, in
which there should be a post-office and a court room—that
building is about completed, and that is the amount it will c o s t ill view of that expenditure of $300,000, it seemed to me that
$200,000 certainly was not enough in the city of Paris, where,
I presume, the price of property is fully twenty or thirty times
as high, for the purpose of erecting a building in which thereshould be accommodations not only for a residence for the
American ambassador, but for all the offices connected with the
embassy.
Mr. President, when the matter was before the Senate here­
tofore I expressed my views in regard to it, and I do not intend
to repeat them at length. This matter has been before the For­
eign Relations Committee twice, and upon full consideration
there was not a dissenting vote in that committee as to the adop­
tion of the measure providing this amount of money for the em­
bassy in Paris-




6590

CONGRESSIONAL RECORD— SENATE

As we are talking about a change of policy, there is a change
of policy which I most decidedly favor. The present policy of
the Government is one under which nobody, unless he is a mil­
lionaire, can represent this Government as ambassador at a
court in Europe. I want to change that policy. Mr. President,
the best class of public men are those who have not been able
to give their time to the accumulation of riches. They have
considered something more important than the accumulation of
riches, and have given their time with assiduity to the accom­
plishment of higher aims.
Under the present policy that class of men is absolutely de­
barred from representing the Government abroad. The propo­
sition that they are debarred is proven by the fact that we have
no other thftn that class of men in the public service repre­
senting the Government abroad, and no other class of men can
accept or fill one of these appointments under our present policy.
It takes all of the salary of an American ambassador to pay
his house rent. That is a policy I want to see changed in the
interest of men of moderate means.
What I want, Mr. President, is this: I am not particular
about the amount, although I am not afraid to vote the amount
that I think is the proper amount, but it does become the Con­
gress of the United States to determine what shall be the class
of buildings which shall be occupied by our representatives
abroad, and when we have determined upon the class of build­
ings as the proper class, to make provision for them and compel
our representatives abroad to live in them. Not only am I op­
posed to the policy which limits the holding of the office of am­
bassador to millionaires, but I am opposed to a policy which
will make it a matter of extreme mortification for- a man to go
as a representative abroad and have to succeed some multimil­
lionaire who has lived In a palace and who has been given to a
mode of life that no man, unless he is a multimillionaire, can
in anywise follow.
I want it so that if a man who is a multimillionaire goes to
London, or Paris or Berlin he will not be permitted to live in a
palace, but he shall be required to live in the building which
the Government furnishes, and that he shall not be able to live
in a style which will make it a matter of mortification to his
successor to have to live in a very much more humble style.
If the Senate of the United States had seen proper to adopt
$200 ,000 , I should have been content with the judgment of the
Senate. If $400,000 is, in the judgment of Congress, the proper
amount, I will also be content. But whatever is the amount,
let us determine upon it, and let us not only provide a place
where our ambassadors may live, but a place in which they
shall be compelled to live, and not let one man live in a different
style from the style of another who may go there to succeed
him and who can not live as his predecessor did.
I have illustrated it by my own town, a small place of thirtyfive or forty thousand inhabitants—probably, with the suburbs,
50,000. But we have numerous illustrations in the bill before
us. Four hundred thousand dollars is proposed as the proper
amount to be included in this bill for the purpose of an em­
bassy in Paris, or for the purchase of grounds and the
erection of an embassy, and yet in this public-buildings bill now
before us little villages are provided with over $100,000 to erect
post-office buildings. Then let us compare and consider the dif­
ference in the price of land and of buildings and of the charac­
ter of building which is required. Compare that expenditure
in 100 different instances in this bill with the provision of
$400,000 for an embassy in Paris, which is not only to be the
home of the ambassador, but to provide all the offices for the
transaction in Paris of the diplomatic business of the Govern­
ment of the United States with the Republic of France, and
including a large proportion of the business arising out of the
commercial relations of the two countries.
Mr. President, I will not stop to illustrate, as I did before, by
the fact that we live here, we who are now talking about econ­
omy, in a building that cost $15,000,000, when, if we were simply
considering matters of utility, we could be accommodated in a
building that cost $100,000. That is not the way we do busi­
ness. It is not the consideration by which we were influenced
when we erected the building for the House of Representatives
.on the south side of this square. It is not the way the Sen­
ators did when they provided a building costing $4,000,000
across the way for the offices of Senators. Why did we not
provide for a building of $100,000 if we wished to be so
plain and unostentatious? We could have very easily built
one for $100,000 which would have been comfortable and
which would have answered every practical purpose for Sen­
ators’ offices; but it is not considered as consistent with the
dignity and importance of the Government of the United States
that any such parsimony should control us in making these ex­
penditures. Therefore instead of $100,000, which would have

Mat 20f

been sufficient for office buildings for Senate and House, we
appropriated three or four millions for each of them. The peo­
ple of the United States are justly proud of this Capitol building
and of the other public buildings In Washington and throughout
the country. The people in every community are proud of the
public buildings which the Government is erecting in the cities
and towns throughout the country, and there is abundant evi*
deuce of their approval of such expenditures as are found
in this very public-buildings bill now before us. The people
who wish these creditable buildings at home would be ashamed
for us to have a mean and disreputable embassy building
abroad. My main desire is, however, that we may own our
embassies, in order that millionaires may no longer enjoy a
monopoly, as they now do, of representing the United States as
ambassadors to foreign courts.
Mr. MONEY! Mr. President, I did not care to say anything
about this matter, but I feel compelled to do so. I am a mem­
ber of the Committee on Foreign Relations and I have had tha*
honor for some time.
I did not vote for this proposed amendment in c o m m i t t e e .
On t h e contrary, I repeatedly dissented from i t I r e p e a t e d l y
said that I had been advocating for twenty years or more this
policy of providing residences for our ambassadors and minis­
ters abroad, but I did object to the sum.
Now, I do not know what houses are worth in Paris or any­
where else, but I do know that you can rent in every capital ol
Europe for half what you can rent in the capital of Washington,
and I presume that the price of property has some sort of rela­
tion to its rent, to its Income-earning power.
I entirely concur in what was so well said by my friend fro®
Georgia [Air. Bacon], in the policy of allowing these places to
be open to men who have brains and capacity and character to
represent this country abroad. I would be very glad of
opportunity to rescue it from that class who seem now to ha^
the monopoly—the millionaires; but we, by building these pal'
aces abroad and decorating European capitals with fine houses,
are preparing for the certain lease for all future time of D
3"'
lionaires upon these ambassadorships, because I would like t®
see a poor man or a man of moderate means go to Paris aaa
maintain a $400,000 house on his salary or on double or treble o
quadruple his salary. These kind of houses are simply seen*"
ing in perpetuity the sole monopoly of ambassadorships
millionaires, for no poor man could keep up such an e a ta b le
ment as we are providing for.
.
I have believed that $200,000 was quite sufficient in any caIif
tal of the world for the residence of our ambassadors or o
ministers. In Seoul, I believe, we paid $2,500 for a house. a j
in Tokyo, with over a million population, we paid $15^000- ,
felt perfectly certain that with an expenditure of $200,000 s
ficient and ample accommodation could be had for our min18
abroad to appear in the most respectable manner.
.
When Benjamin Franklin was at the politest court i d y
world, the most courteous and the most ostentatious in m*■ *
and fashion, he did not wear a cocked hat and gold lacei
,
orders all over his coat, nor a gold-hilted diamond-mo - .
sword. He went about in the plain black clothes of a n can citizen, with a plain walking stick; and the Frank i ^
and the Franklin stick became the fashion of Paris. 11 ^
send men of sufficient character abroad it need not v e . ^
that their character can be enhanced by the house in * fl.
they live. I recollect that when Mr. Jefferson succeeded,
jamin Franklin and was presented to the King be
have come to take the place of Doctor Franklin.” ”
igu”
Mr. Jefferson, "no man can take his place, but I succeed - ^
Tbe illustration which my friend from Georgia drew o
public building in his town I do not think is a very
There is a public building within 6 miles of my house, »
I secured here by the kindness of the Senate, and wbicu
t
$125,000. It is in a little town of 10,000 inhabitants.
that building accommodates tbe Federal court, which h aC
.
exclusive admiralty jurisdiction of the district. It a
commodates the internal-revenue offices and the custom ^
lections for that district, and it accommodates tbe P ^ (b|lt
for that town. There is a multitude of clerks ° ^ P f ln ,lSe lt
building. It is not there because it is a luxury, but
is a necessity. I think you will find that all the public
ings are very much of that character.
;t£lple
Now, when it comes to decorating this town with su ^
buildings, this ought to be the finest capital in the world- ^
first time I visited Washington, that is, since the war
f
here when it did not amount to anything, when a ^ ofe
thought that this square here ought to have all around
0f
public buildings, and I would be very sorry, for tbe .jjjjjf
tbe great Republic and its magnificent capital, to see a
tjj0de
that was less ornate, less substantial, less imposing, th*

'

1908.

CONGRESSIONAL RECORD— SENATE.

6597

Mr. LONG. This amendment is in the form in which it was
The S ecretary. It is proposed to add at the end of the bill
as a new section the follow ing:
! reported from the Committee on Claims o f the House o f Kep-

Sec. 32. That all claims of whatsoever nature which the Omaha tribe resentatives.
Mr. CLAY. It strikes me that we are inserting all the Inof Indians may have or claim to have against the United States shall be
submitted to the Court of Claims with the right of appeal to the Su­
claims f every nature,
as
preme Court of the United States by either party, for determination |dian bill. I f o these are properclass, and kindthey amendments in
amendments
ought to have
of the amount, if any, due said Omaha tribe from the United States this
under the treaty between the United States and the said Omaha tribe been inserted in the bill when it was before the committee, but
of Indians, ratified and affirmed March 16, 1854. or any other treaties j they have simply been placed upon the bill since it came to the
or laws, or for the misappropriation of any funds of said Omaha tribe
for purposes not for its material benefit, or for failure of the United ; Senate, aud it would seem that the Committee on Indian A f­
states to pay said Omaha tribe any money due; and jurisdiction is fairs did not desire to insert these amendments when the bill
hereby conferred upon the Court of Claims'to hear and determine all came from that committee.
iegal or equitable claims, if any, of said Omaha tribe against the United
Mr. CLAPP. Mr. President-----states, and also any legal or equitable defense, set-off, or counterclaim
»mch the United States may have against said Omaha tribe of Indians,
The VICE-PRESID EN T. Does the Senator from Kansas
‘“'u to enter judgment thereon. The Court of Claims shall advance
?aw_cause upon the docket. If any question is submitted to said court, yield to the Senator from Minnesota?
Mr. LONG. Certainly.
Jt Bhall settle the rights, both legal and equitable, of both the Omaha
moe of Indians and the United States, notwithstanding lapse of time
Mr. CLAPP. The situation is th is: Most o f these matters
^ 8 , ,utes of limitation, and the final judgment and satisfaction thereof ; have already passed the Senate or have passed the House o f
T
ca,jse shall be deemed a final settlement of all claims of said
. *n(lians against the United States. Such action in the Court |Representatives.
n j ms s^ali he presented by a single petition, subject, however, to
rn
Mr. KEAN. This has not.
nendment, to be filed within one year after the passage of this act;
Mr. CLAPP. I w ill get to that in a moment. All o f these
inu such action shall make the Omaha tribe of Indians party plaintiff
on
Siatcs party defendant, and shall set forth all the facts matters have either been reported by the House or Senate
thcA ’Y . Pmaha tribe of Indians bases its claim for recovery; and Committee on Indian Affairs. In the House they prepared this
1
, petition may i* verified by the attorney employed by the said
dnTT? Indians under the contract filed in the Indian Office on the 4th bill and left off some o f the matters that had been reported in
on"
•'/arch, 1898, and reported upon to the Secretary of the Interior the House, the Members interested, I presume, being engaged in
1st day of May, 1901, upon information and belief as to the other matters. These are the amendments that are now being
npf: ^ ce of such facts, aud no other statements or verification shall be offered.
'''■rsadry,
Mr. CLAY. With the Senator’s permission, I w ill ask if this
attorneys of record shall he furnished with official letters, paw
hin’h J?or ■ d°cuments, and public records, or certified copies thereof, House bill has been referred to the Senate Committee on In­
Court
^ used in eyidcnce if competent under the rules of said dian Affairs, or are we acting on it without its having been
n ittk n B8i P r o v i d e d , That upon the final determination of such
abip
ourt, °* Claims snail have jurisdiction to decree such reason- I referred?
tor
as, the. court shall find shall be paid to the attorney or atMr. CLAPP. No, s ir ; the bill was passed, I think, day before
be nnu eoiPl°yed by the Omaha tribe of Indians, and the same shall
d ia n « .D ,S * JaPy 8U or 8uras found due said Omaha tribe of In- ! yesterday, but owing to the fact that we are near adjournment
m
horm !>rI°K^v f urtr>, c r > That the Otoe and Missouri Indians, of Okla- the Senate Committee got the blueprint o f the bill, held their
and hVvl h ?reby. authorized to intervene in the said action and set up meeting, and went over these items. W ith the exception o f
have ore<
.u.«~r? in,ed an? rlght or interest they or either of them may
fr-rred upon “ il /? Pniir t * said claim; and jurisdiction _is ,hereby con- the amendments which are now being offered by Senators indi“
S 1 kavet nf Plnirm f/v
(1
i
__ . n .I,
efiultablePe?nlmid .#ourt °* Cla
to hear and determine all legal and : viduaUy-----sourer mfnrn ' Jf
of said ° toe and M
tssouria Indians, of whatMr. CLAY. Then I misunderstood the Senator.
or claim' inh* wh,ch either or both of said tribes of Indians may have
Mr. CLAPP. This is a report o f the Indian Committee, who
the hWeme o a
>'ain8t T United States, with the right ofJlrJ ^.1__
appeal to
mt..supreme M of tbe in ted States
hildation^'nf Court of the United states by either party, for the deter- went over the subject and added these other measures to the
?urt
UnitS BtSe^hnn?w0Unt’ any< due either of 8a‘d tribes from the House bill.
ecutec] gtlmiie
*«J5?fe any treaties or laws of Congress or the unex«#
Mr. CLAY. You mean the amendments that have been
of the fundq eV
f®
?y
or for th® misappropriation of anv
said tnbes for purposes not for their material adopted?
Mr. CLAPP. I say all the amendments, except those that
kibes an" money dS.
°£ the Lnitcd States t0 Pay cither of said
have been offered individually by Senators, were offered as a
part o f the report by the chairman o f the committee, were
considered by the committee, and placed in the report and
1 ii(' amendment was agreed to.
| placed in the House bill.
Mr. CLAY. The reason o f my objection to the amendments
B en /’t
^Ir< President, I o
offer the amendment wlubh I
to the desk.
was simply because I thought the bill had been referred to
the Committee on Indian Affairs o f the Senate, and had been
Tho lE -P B B S I D E N T . The amendment will be stated,
as * n bECRET^BY- Tt Is proposed to add at the end of the bill considered by that committee and reported to the Senate. I
i Q
a new section the follow in g :
was not aware o f the fact that it was a House bill being con­
piin^d ?5h t H , C . Linn and Samuel Powell be, and are hereby, per- sidered without having gone to the Committee on Indian Affairs.
^
Mr. CLAPP. I say it has been considered by the Senate
be rea^orni iiD B vln the Court of Claims for whatever amount may
5 uI
October
th?m- lf any> under their contract ln writing, dated Committee on Indian Affairs, and all the amendments, except
Indians
Lick, as attorney for certain Cherokee
C is h
ourt
?s Eastern or “ Emigrant ” Chorokees. The said some o f the later ones, which are being offered by Senators
Judgment t K i Rven Jurisdiction to entertain said suit and render final individually, were considered by the Senate committee and were
of
inerem payable out of tho amount appropriated by the act reported by the chairman.
ci e n c e s n 6^ „
ified " A n a ct m akin g approp riation s to supply defiMr. CLAY. Then I am correct. The amendments offered
f ° r prior0 ro n M °p r iations fo r the fiscal year en ding June 3 0 , 1906 . and
on the floor which we have adopted have not been considered
Pay the iin«rs\
for o tk er purposes,” approved June 30, 19o 8, to
causes latni* J,'“ dw nent rendered by said court in the consolidated
by the Committee on Indian Affairs.
* u‘ t the sam
t,horcin- ,N o s- 2 3 1 0 5 , 2 3 2 1 4 . and 2 3 2 1 2 .
In said
Mr. CLAPP. Some o f them have not been considered since
colipctivelv*
h Uick and the said Eastern or E m igra n t Cherokees,
the bill came from the House. Many o f them are bills; some
*Uch other ’ uopbI I be named as defendants, and the court m ay require
B ,,ri D r o n p or h(\t? ° u 8 to be made parties a s m ay to the court
(
are even matters that have passed the Senate at this session
a«ul f
f
M
“ ^
ul t^ le a d ju stm en t o f the m atter in controversy
in the shape o f bills.
Uon o f 8ucc h p 4 [ pu8 e a9 the court m ay designate.
h
Upon the institu Mr. CLAY. The Committee on Indian Affairs did not, in
^-hcrokefa
iL w r itte n notice thereof to said E astern or E m igra n t
kersonall v n r f / ^ J 1 by 8orvice on the Secretary o f the Interior
making its report, insert these amendments in the bill?
“ball be \dven
ku Si) ! d su lt t o , the other defendant or defendants
Mr. CLAPP. No.
1 • udiij.r fin l?n4 y
publication or otherw ise, a s the court m av direct
The VICE-PRESIDENT. The question is on agreeing to the
*‘PproDrln^ , K
1U? l m ent in 8aid 8uit 80 m u ch o f the am ou nt heretofore
amendment submitted by the Senator from Kansas [Mr.
^
to D ^ .0 , f e a ct o f June 30, 1 900 , as aforesaid, a« iS iy ta S
bZ
,

at^ 0 m en tE^-PHESIDENT.

The question is on agreeing to the

10 Pay said judgm ent shall be w ithheld from

distribution.

Long],
The amendment was agreed to.
—.
amm,nJ^AN’ 1 w il1 nsk tlle Senator is there any limit to the
Mr T
tlie lawyers may collect for their fee in this case? / M r . OWEN. I offer the amendment which I send to tho desk.1
traiV u
Whatever the court finds is due under their con- I In the shape o f a bill it has been passed upon by the Indian)
» Committee o f the Senate.
Js***
Mr t-t> re *s a certain percentage.
^ The VICE-PRESIDENT. The amendment w ill be stated.
‘
There is a contract?
rrr- LONG. Certainly.
The Secretary. It is proposed to add at the end o f the bill
as a new section the following:
Z
J^t a N. I think it Is a bad bill----E
rV ' c LAY. Mr. President----,
sec. —. a cat jurisdiction oe, and the same is hereby, conferred
51, , , v ICE-PRESIDENT. Does the Senator from Kansas the Court of Claims, with right of appeal to either party to the Supreme
court of the Lnlted States to hear and adjudicate any and all claims
, the Senator from Alabama.
m law or equity of the Kaw tribe of Indians residing in Oklahoma
r> LONG. Certainly.
against the United States relating to lands under anv of the treats
C r* CLAY. Has this amendment ever been referred to any between the United States and said tribe; that suit under thu - !
(M
shall be filed in said court within six months from the dlte o? ?C
„‘
“Dilutee aud considered by it?
approval hereof, and no compromise or settlement heretofore made b|







CONGRESSIONAL RECORD— SENATE.
the United States with the said Kaw tribe of Indians or with individual
members thereof shall be pleaded in satisfaction of any such claim or
claims or in estoppel thereof; but such amount as may have been paid,
if any, in compromise or settlement of any claim or claims sued for
hereunder may be pleaded as a set-off In any such suit or suits; and
in heating said suit or suits the Court of Claims shall exercise
equitable as well as legal jurisdiction and apply to the transaction be­
tween the United States and said Indians the rules of equity applicable
to the relations of guardian and ward and of trustee and cestui que
trust.
The suit or suits herein authorized shall be brought by attorney or
attorneys employed by the legal representative of Henry C Dooley,
.
deceased, in accordance with the terms of a contract entered into be­
tween the said Henry C Dooley and the Kaw tribe of Indians, dated
.
April 26, 1898, approved by the Secretary of the Interior February 7,
1899, and by the Commissioner of Indian Affairs February 10, 1899;
and the term of said contract is extended until the final conclusion and
settlement of all matters growing out of the suit or suits herein author­
ized.
If the court shall ascertain and adjudge that the Kaw tribe of
Indians have been deprived by the United States of any lands to which
said tribe were or are justly entitled, the court shall enter judgment in
favor of said tribe against the United States for an amount equal to
$1.25 per acre for the land so found by them to be due said tribe, less
the amount of the fee due the attorneys of said tribe, in said suit or
suits as herein provided.
And said court shall enter a separate judgment in favor of the
attorney or attorneys for the said tribe in said suit or suits for 10 per
cent of the amount of the recovery, which shall be paid direct to said
attorney or attorneys, and the sum necessary to pay the same is hereby
appropriated out of any funds in the United States Treasury not other­
wise appropriated.
The VICE-PRESIDENT. The question is on agreeing to the
amendment.
Mr. KEAN. Is it proposed to appropriate money out of the
Treasury of the United States?
Mr. OWEN. It simply authorizes suit. It has been reported
by the Indian Committee.
Mr. KEAN. Do I understand the money will come out of the
Treasury of the United States?
Mr. OWEN. If there is a recovery, of course that would be
the consequence.
Mr. KEAN. I thought this was to be paid out of funds that
belong to the Indian tribe.
Mr. OWEN. No, sir; if the court finds anything is due at
all, it will be paid by the United States and not by the Kaw

Indians.
Mr. KEAN. What is the amount of the claim?
Mr. OWEN. I do not know just what the amount is. They
made a settlement with the United States some time ago for, I
believe, $100 ,000 .
Air. KEAN. This is setting aside----Mr. OWEN. This is intended to give them a rehearing on it.
Mr. KEAN. Setting aside the entire settlement?
Mr. OWEN. Yes, sir.
Mr. KEAN. Leaving everything open?
Mr. OWEN. Yes, sir.
Mr. KEAN. And allowing the whole claim to be opened as
if not settlement had ever been made?
Mr. OWEN. Yes, sir.
Mr. LODGE. Mr. President, it makes a perfectly indefinite
charge on the Treasury, and no such indefinite charge on the
Treasury ought to be permitted.
Mr. CLAPP. Mr. President----- The VICE-PRESIDENT. Does the Senator from Oklahoma
yield to the Senator from Minnesota?
Mr. OWEN. I yield to the Senator from Minnesota.
Mr. CLAPP. Mr. President, I do not think there is any ques­
tion at all but what this amendment ought to pass Congress as a
law. The only question that would be involved here is that we
have sought so far to keep matters off of this hill that involved,
in a sense, appropriations. In view of the fact that the House
put no such provisions on, while I should heartily support this
bill and have gone over it in committee, and believe it should be
passed as a law, I rather think it ought not to go onto this bill.
Mr. NELSON. I want to suggest to the Senator that if this
amendment is put on it will make it subject to a point of order
that may defeat the passage of the bill.
Mr. CLAPP. That is the point exactly. I feel constrained
to suggest that it should not go on the bill for that reason.
The VICE-PRESIDENT. The question is on agreeing to the
amendment submitted by the Senator from Oklahoma [Mr.

Owen].
The amendment was rejected.
Air. GORE. I submit the amendment I send to the desk.
The VICE-PRESIDENT. The Senator from Oklahoma pro­
poses an amendment, which will be stated.
The S e c r e ta r y . It is proposed to add at the end of the bill
the following:

Sec. 34. That all persons who made entry or settlement on vacant
lands belonging to the United States Government in Oklahoma on or
before October 6, 1901, shall be entitled to an extension of time for
final payment thereon from October 6, 1908, until February 15, 1909.
The amendment was agreed to.

May 20,

Mr. CARTER. I offer the amendment I send to the desk,
to be inserted at the end of the bill.
The Secretary. It is proposed to insert at the end of the bill
the following:

Sec. 35. That hereafter no commission, counsel, or attorney’s fee
shall be paid on any Indian claim adjudicated by the Court of Claims
until the same shall have been by said court approved as reasonable and
just, and in no case shall a fee be allowed in excess of the amount pro­
vided by the contract.
The amendment was agreed to.
Air. OWEN. I move to reconsider the vote by which the Kaw
amendment was rejected, and that it be left without prejudice.
I should like to withdraw the amendment.
The motion to reconsider was agreed to.
The VICE-PRESIDENT. Without objection, the amendment
is withdrawn.
The bill was reported to the Senate as amended, and the
amendments were concurred in.
The amendments were ordered to be engrossed and the bill to
be read a third time.
The bill was read the third time and passed.
REMOVAL OF RESTRICTION'S FROM INDIAN ALLOTMENTS.

. .

Air. OWEN submitted the following report:
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H. R15641) for the removal of restrictions from part of the lands of
allottees of the Five Civilized Tribes, and fo r other purposes,
having met, after full and free conference have agreed to recom­
mend and do recommend to their respective Houses as fo llo w s :
That the Senate recede from its amendments numbered 2,
5, 19, 27, 36, and 41.
That the House recede from its disagreement to the am end­
ments of the Senate numbered 10, 11 , 13, 15, 16, 17, 18, 20, 22,
23, 25,-26, 28, 29, 31, 32, 33, 34, 39, and 42, and agree to the
same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 1, and agree to the same with an
amendment as follows: Strike out all of the proposed amend­
ment, and on page 1, line 8, after the word “ white,” strike out
“ shall be free from all restrictions. All lands, including hom^
steads, of said allottees enrolled as freedmen shall be free from
all restrictions. All lands, including homesteads, of said allot'
tees enrolled as of,” and insert, after the word “ whites,” “ aS
freedmen, and as mixed-blood Indians having less than half.”
On page 2, line 1, after the word “ blood,” insert the words
“ including minors; ” and the Senate agree to the same.
That the House recede from its disagreement to the amendmerit of the Senate numbered 3, and agree to the same with a°
amendment as follows: Strike out all of the proposed amend­
ment and insert in lieu thereof: “ half and less than threequarters;” and the Senate agree to the same.
,
That the House recede from its disagreement to the amend­
ment of the Senate numbered 6 , and agree to the same with a
amendment as follows: In line 2 of the proposed amendmen
change the word “ degree” to “ degrees.”
On page 2, line 4 of the bill, after the word “ enroll^0*
strike out the word “ living,” and in line 5, after thewofl*
“ full-bloods,” insert “ and enrolled ndxed-bloods of tnre*\
quarters or more Indian blood;” and the Senate agree to t
same.
amend­
That the House recede from its disagreement to the
ment of the Senate numbered 7, and agree to the same «
an amendment as follows: In line 2 of the proposed a'ne
ment change the word “ degree ” to “ degrees,” and the Sena
agree to the same.
. n*.
That the House recede from its disagreement to the firin' ^
ment of the Senate numbered 8 , and agree to the same with - ^
amendment as follows: After the word “ lands,” in line *
the proposed amendment, change the period to a comm* ‘ .
add: “ and for such purposes sections thirteen t0
three, inclusive, of an act entitled ‘An act to grant the ” »
of way through Oklahoma and the Indian T erritory 1
»
Enid and Anadarko Railway Company, and for other I>ur.*
approved February 28, 1902 ( 32 Stat. L., p. 43) are
te
continued in force in the State of Oklahoma,’ and the
agree to the same.
. nffiendThat the House recede from its disagreement to the
ment of the Senate numbered 9, and agree to the same m 1 ,
amendment as follows: Strike out all of the proposed
ment and insert in lieu thereof:
H i to
“ S ec . 2. That all lands other than homesteads al'^ irtloosi
members of the Five Civilized Tribes from which r t>
have not been removed may be leased by the allottee i *
^ te
or by guardian or curator under order of the proper ii tjve
court if a minor or Incompetent, for a i>erlod not to ex
ge3
years, without the privilege of renewal: P r o v i d e d , m

I

1908.

CONGRESSIONAL RECORD— SENATE.

6599

*amendment as follows: Strike out all of the proposed amendIment and insert in lieu thereof:
i “ S ec . 11. That the Secretary of the Interior is hereby au­
thorized and directed to pay, out of any moneys in the Treasury
of the United States belonging to the Choctaw or Chickasaw
?nations, respectively, any and all outstanding general and
school warrants dfily signed by the auditor of public accounts
of the Choctaw and Chickasaw nations, and drawn on the
national treasurers thereof prior to January first, nineteen bundred and seven, with six per cent interest per annum from the
respective dates of said warrants: P r o v i d e d , That said warrants be presented to the United States Indian agent at the
Union Agency, Muskogee, Okla., within sixty days from the
passage of this act, together with the affidavits of the respective
holders of said warrants that they purchased the same in good
faith for a valuable consideration, and had no reason to sus­
pect fraud in the issuance of said warrants: P r o v i d e d f u r t h e r ,
That such warrants remaining in the hands of the original
payee shall be paid by said Secretary when it is shown that
the services for which said warrants were issued were actually
performed by said payee.”
And the Senate agree to the same.
That the House recede from its disagreement to the amendment of the Senate numbered 38, and agree to the same with
an amendment as follows: Strike out all of the proposed
amendment and insert in lieu thereof:
“ Sec. 12. That all royalties arising on and after July
first, nineteen hundred and eight, from mineral lenses of
allotted Seminole lands heretofore or hereafter made, which
are subject to the supervision of the Secretary of the
Interior, shall be paid to the United States Indian Agent,
Union Agency, for the benefit of the Indian lessor or his
proper representative, to whom such royalties shall there­
after belong; and no such lease shall be made after said date
except with the allottee or owner of the land: P r o v i d e d , That
the interest of the Seminole Nation in leases or royalties arising
_ ent of the Senate numbered 30, and agree to the same with an thereunder on all allotted lands shall cease on June thirtieth,
i, leil<lment, as follow s: Strike out all of the proposed ainend- nineteen hundred and eight.”
Jit and insert in lieu thereof:
And the Senate agree to the same.
j . A ° y suit brought by the authority of the Secretary of the
That the House recede from its disagreement to the amend­
against the vendee KJL JU &
of I M
W eri°r —^
hn
o ..***-,*,
»V U or mortgagee ui a town lot, against ment of the Senate numbered 40, and agree to the same with an
U tU
LV
S
A>
no f« ,„ ,eh ? £ tary °f S ,e J n,terlor T y J d 1
®
f
Sn Up0? investigation Knniendniont as ToTlo"ws7 Strikeout" a f r o f t t e proposed amendquieS . i l been established, may be dismissed and the title ^ ent and insert ln Heu tfierof:
ann i u^°n Payffient of the full balance due on the original |
Sec. 14. That the second paragraph of section eleven of an
ITtaisement of such lot: P r o v i d e d , That such investigation act entitled ‘An act to provide for the final disposition of the
act be concluded within six months after the passage of this affairs of the Five Civilized Tribes in the Indian Territory, and
for other purposes/ approved April twenty-sixth, nineteen hun­
ri.,w
in th *8 act shall be construed as a denial of the dred and six, Is hereby amended to read as follow s:
sar- ° f tbe- ^ nited States to take such steps as may be neces- - “ That every officer, member, or representative of the Five
a y* deluding the bringing of any suit and the prosecution and Civilized Tribes, respectively, or any other person, having in
d l a i tbcreo* *° acquire or retain possession of restricted In- his possession, custody, or control any money or other property,
’’
an lands, or to remove cloud therefrom, or clear title to the including the books, documents, records, or any other papers of
me, in cases where deeds, leases, or contracts of any other
m y of said tribes shall make full and true account and report
ad or character whatsoever have been or shall be made eon- tfcereof to the Secretary of the Interior, and shall pay all money
thary
law with respect to such lands prior to the removal of the tribe in his possession, custody, or control, and shall de­
erefrom of restrictions upon the alienation thereof; such
liver all other tribal properties so held by him to the Secretary!
tfi1 r t0 be brov,KHt on the recommendation of the Secretary of of the Interior, and if any person shall willfully and frauduj
[c Interior, without costs or charges to the allottees, the neceslently fail to account for all such money and property so helc
mr
oxPcnses incurred in so doing to be defrayed from the by him, or to pay and deliver the same as herein provided,
money appropriated by this act.”
prior to July thirty-first, nineteen hundred and eight, he s h a l
And the Senate agree to the same.
be deemed guilty
thereoi
aa* the House recede from its disagreement to the amend- Shall be punished of embezzlement, and upon conviction dollars
by fine of not exceeding five thousand
^ ent of the Senate numbered 35 , and agree to the same with
or by imprisonment not exceeding five years, or by both such fiiu
L amen(lment as follows: At the end of the proposed amend- cud imprisonment, according to the laws of the United States re
“^rot>ided f u r t h e r , That if any member of the Five Jating to such offense, and shall be liable in civil proceedings to
j
12ed Tribes of one-half or more Indian blood shall die leav- l»e prosecuted in behalf of and in the name of the tribe or tribes
_ ® 1S^ue surviv 5ng> born since March fourth, nineteen hundred •In interest for the amount or value of the money or property
j (1 Pir* the homestead of such deceased allottee shall remain
naiienable, unless restrictions against alienation are removed •so withheld.”
And the Senate agree to the same.
inerefrom by the Secretary of the Interior in the manner proRobert L. Owen,
in section one hereof, for the use and support of such
Moses E. Clapp,
sue, during their life or lives, until April twenty-sixth, nineC harles C ubits ,
l( en hundred and thirty-one; but if no such issue survive, then
M a n a g e r s o n t h e p a r t o f th e S e n a te .
^uch allottee, if an adult, may dispose of his homestead by will
JJ"ee from all restrictions; if this be not done, or in the event
J. S. Sherman,
ino iSBU0 hereinbefore provided for die before April twentyBird McGuire,
Slxth, nineteen hundred and thirty-one, the land shall then deJohn H. Stephens,
J^od to the heirs, according to the laws of descent and distriM a n a g e r s o n th e p a r t o f t h e H o u s e .
bution of the State of Oklahoma, free from all restrictions:
1 r o v id e d f u r t h e r , That the provisions of section twenty-three
The report was agreed to.
of the act of April twenty-sixth, nineteen hundred and six, as
D SE R T N O THE FL G
E C A IO P
A.
amended by this act, are hereby made applicable to all wills
Mr. LODGE. I desire to call up the bill (S. 565) to prevent
executed under this section; ” and the Senate agree to the same.
nd punish the desecration, mutilation, or improper use of the
That the House recede from its disagreement to the amendof the Senate numbered 37, and agree to the same with an i rflag of the United States of America. The bill was taken up

'of restricted lands for oil, gas, or other mining purposes, leases
of restricted homesteads for more than one year, and leases of
restricted lands for periods of more than five years may be madewith the approval of the Secretary of the Interior, under rules
and regulations provided by the Secretary of the Interior, and
not otherwise: A n d p r o v i d e d f u r t h e r , That the jurisdiction of
the probate court of the State of Oklahoma over lands of minors
and incompetents shall be subject to the foregoing provisions,
and the term 4 minor * or ‘ minors/ as used in this act, shall in­
clude all males under the age of twenty-one years and all fe-;
males under the age of eighteen years/'
And the Senate agree to the same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 12, and agree to the same with an
amendment as follow s: Strike out all of the proposed amend­
ment and insert in lieu thereof:
i
“And the enrollment records of the Commissioner to the Fi\®e
Civilized Tribes shall hereafter be conclusive evidence as to tils
age of said citizen or freedman.”
And the Senate agree to the same.
j
That the House recede from its disagreement to the amend­
ment of the Senate numbered 14, and agree to the same with an
amendment as follows: On page 3, in line 6 , change “ and" to
. or,” and in the same line strike out the word “ leases ” and
hisert the word “ lease; ” and the Senate agree to the same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 21, and agree to the same with an
amendment as follows: At the end of the proposed amendment
aud the words “ or now domiciled therein;” and the Senate
the same.
That the House recede from its disagreement to the amend-*
ment of the Senate numbered 24, and agree to the same with an
amendment, as follows: In line 11, of page 5, strike out the
^ord “ guardians” and insert the word “ guardian;” and tho
e£ate agree to the same.
That the House recede from its disagreement to the amend-




j
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6600

CONGRESSIONAL RECORD— SENATE.

during my absence. There is no objection to it, I believe, from
anyone. I think the bill was read and the amendment adopted.
The VICE-PRESIDENT. The bill has been read.
Mr. LODGE. Some question was raised whether the bill
would not exclude organizations like the Grand Army from car­
rying banners with inscriptions. I do not myself think it would
cover anything of that sort at all or reach .them in any way,
but I have talked the matter over with the Senator from
Georgia, and I desire to offer an amendment to the bill.
By unanimous consent, the Senate, as in Committee of the
Whole, resumed the consideration of the bill.
Mr. LODGE. I offer the amendment I send to the desk.
The S e c r e t a r y , i t is proposed to add at the end of the bill
the following:

Provided f u r t h e r , This act shall not apply to banners or flags carried
by military or patriotic organizations authorized by law.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendments were concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.

EFFIC C O TH M
IEN Y F E ILITIA.
Mr. HEMENWAY. I desire to call up the bill (S. 4316) to
further amend the act entitled “An act to promote the effi­
ciency of the militia, and for other purposes,” approved Janu­
ary 2 1 , 1903.
The VICE-PRESIDENT. The Senator from Indiana asks
unanimous consent for the present consideration of a bill, which
will be read for the information of the Senate.
The Secretary read the bill, which had been reported from
the Committee on Military Affairs with amendments.
Mr. BACON. Mr. President, I consented to the reading of
the bill upon conference with the Senator in charge of it, in­
tending to object to its consideration when the reading had been
completed, in order that I may have an opportunity to examine
the bill. I therefore hope the amendments will not be acted
upon at this time. I ask that the bill go over. It is a very im­
portant measure.
The VICE-PRESIDENT. The Senator from Georgia asks
that the bill go over.
Mr. HEMENWAY. I would be glad if the Senator from
Georgia would examine the bill, as I should like to call it up
to-morrow, if by that time the Senator shall have had time to
look it over.
Mr. BACON. I will try to look over it. I do not know how
that may be.
Mr. HEMENWAY. The bill was unanimously reported from
the Committee on Military Affairs, and a similar measure from
the Committee on Military Affairs of the House.
Mr. BACON. I will look at it, Mr. President.
The VICE-PRESIDENT. The bill will go over without preju­
dice.

May 20,

M ED K R C A A IO PR JE T
IN O A E L M T N O C .
Mr. BORAH. I ask unanimous consent for the present con­
sideration of the bill (S. 6018) providing for the disposition of
town sites in connection with reclamation projects, and for other
purposes.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill, which had been reported
from the Committee on Irrigation and Reclamation of Arid
Lands with an amendment, to strike out all after the enacting
clause and insert:

, That the Secretary of the Interior Is hereby authorized, in connec­
tion with town sites established within or in the vicinity of the M
inedoka reclamation project in Idaho under the provisions of the act of
April 16. 1906, and June 27, 1906, in fixing the terms of sale for lots
to provide, in his discretion, for payments in cash or in not exceeding
ten annual installments, with interest at G per cent per annum on de­
ferred payments. He is further authorized to expend from the pro­
ceeds of the sales of town lots in any town site heretofore or hereafter
established under said act on said project such sums as in his discre­
tion may be necessary for the construction of schoolhouses, water and
sewer systems, and other municipal improvements, and for the opera­
tion and maintenance thereof, the expenditures herein provided for to
be made through the Reclamation Service. The installments paid on the
purchase of lots shall be available for such purposes to their entire ex­
tent as received.
Sec. 2. That the Secretary of the Interior is further authorized to
reserve from entry under the public-land laws such lands as may be
necessary for cemetery purposes, either adjacent to such town sites or
at locations convenient for the purpose. He is further authorized to
make appropriate regulations for the subdivision and sale of lots in
said cemeteries at an appraised value through the Reclamation Serv­
ice. The proceeds of such sales by the Reclamation Service shall be
covered into the reclamation fund and be available for cemetery and
general municipal improvements, subject to the provisions of section
1 hereof.
Sec. 3 . That the survey, subdivision, and sale of lots for cemeteries
and town sites heretofore and hereafter established under said acts
shall be conducted by the Secretary of the Interior through the Reclama­
tion Service. The proceeds of such sales shall be turned over to the
receiver of the local land office, and patents for the lots shall be issued in
the usual manner through the General Land O
ffice.
Mr. MONEY. I shall have to object to the further considera­
tion of the bill.
The VICE-PRESIDENT. Objection is made.

LY IA P. W
D
INT.
Mr. CT RTIS. I am directed by the Committee on Pensions,
to whom was referred the bill (S. 1508) granting an increase
of pension to Lydia P. Wint, to report it favorably with an
amendment. I call the attention of the senior Senator from
Pennsylvania to the bill.
Mr. PENROSE. I ask unanimous consent for the present
consideration of the bill.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill, which had been reported
from the Committee on Pensions with an amendment in line g
after the word “ brigadier-general,” to insert “ United States
Army,” so as to make the bill read :

B e it e n a c te d , e t c ., That the Secretary of the Interior be. and he is
hereby, authorized and directed to place on the pension roil, sut,Je^
to the provisions and limitations of the pension laws, the name o
C IM F R D M G S.
LA S O A A E
Lydia I* Wint, widow of Theodore J. Wint, late brigadier-genera ■
.
Mr. FULTON. I am directed by the Committee on Claims, United States Army, and pay her a pension at the rate of
month in lieu of that she Is now receiving.
to whom was referred the bill (S. 7184) for the relief of citizens

of the United States and the Philippine Islands, to report it
The amendment was agreed to.
favorably without amendment. I call the attention of the Sen­
The bill was reported to the Senate as amended, and the
ator from Wyoming [Mr. Warren] to the bill.
amendment was concurred in.
Mr. WARREN. Mr. President, the bill is a very short one
The bill was ordered to be engrossed for a third reading, read
and it is important that it should be passed to-day. I ask for the third time, and passed.
its immediate consideration.
E E U IV SESSIO
XCT E
N,
The VICE-PRESIDENT. The bill will be read for the in­
Mr. CULLOM. I move that the Senate proceed to the con­
formation of the Senate.
sideration of executive business.
The Secretary read the bill.
Mr. CULBERSON. From what committee does the bill come 1 T m moi ton 7 “ Lgrf,ed '°’ "nd ,ll<! Senate proceeded t# the
r President-?
UJue’ | consideration of executive business. After twenty-five minuwMr. President?
The VICE-PRESIDENT. The bill was reported from the spent in executive session the doors were reopened and (at
4 o’clock and 55 minutes p. m.) the Senate adjourned until to­
Committee on Claims.
. Mr. WARREN. I may say to the Senator from Texas that morrow, Thursday, May 21, 1908, at 12 o’clock meridian.
these are claims for damages on account of live stock or poultry
killed, or growing crops or other property destroyed by the
NOMINATIONS.
Army where the maneuvers were held in the past few years in E x e c u ti v e n o m in a tio n s r e c e iv e d b y th e S e n a t e M a y 20, 100%>
the United States, and I think perhaps there is one or more
M M E S O E E U IV C U C .
E B R F X C T E O N IL
claims from the Philippines. They have all been passed upon
Martin Trnvieso, jr., of Porto Rico, to be a member of tn®
by a board of survey, and have been certified to Congress bv
the War Department in the regular estimates for the j-ear’s executive council of Porto Rico for a term of four years fro®
May 20, 1908, vice Hermlnio Diaz y Navarro, whose term ha
appropriations.
There being no objection, the Senate, as in Committee of the I expired*
,
- the
Whole, proceeded to consider the bill. It proposes to pay for
Juan F- Vias °choteco, of Porto Rico, to be a member oi u*
settlement of twenty-five approved claims for damages to and executive council of Porto Rico for a term of four years, vie
loss of private property belonging to citizens of the United Francisco de Paula Acufia, resigned.
States and of the Philippine Islands, $4,705.45.
j
collector of customs.
d e r r e p o r t e d to the Senate without amendment, or- | William F. McGregor, of Oregon, to be collector of customs
and passed ngrosse^ tor a third reading, read the third time, j for the district of Oregon, In the State of Oregon, in place
'
' Clark W. Carnahan, deceased.

o

1908.

CONGRESSIONAL RECORD— SENATE.

facture and sale of intoxicating liquors in the District of Co­
lumbia, which was ordered to lie on the table.
He also presented a petition of sundry cittizens of Gentry
County, Mo., praying for the enactment of legislation to regu­
late the interstate transportation of intoxicating liquors, which
was ordered to lie on the table.
Mr. SCOTT presented petitions of sundry labor organizations
of Bluefield and Huntington, in the State of West Virginia, and
of Columbus, Ohio, praying for the passage of the so-called
“ Rodenberg anti-injunction ” and “ Hemenway-Graff safety ashpan ” bills, which were referred to the Committee on the Judi­
ciary,
He also presented petitions of sundry citizens and labor or­
ganizations of Grafton, Clarksburg, and Wheeling, all in the
Slate of West Virginia, praying for the adoption of certain
amendments to the so-called “ Sherman antitrust law ” relating
to labor organizations, which were referred to the Committee
°n the Judiciary.
He also presented a petition of sundry citizens of Wheeling
and Benwood, in the State of West Virginia, praying for the
enactment of legislation providing for the investigation and the
development of the methods of the treatment of tuberculosis,
which was referred to the Committee on Public Health and
national Quarantine.
Hr. ANKENY presented a petition of Lynden Grange, No. 170,
atfons of Husbandry, of the State of Washington, praying for
e passage of the so-called “ rural parcels post” and “ postal
p ' mgs bank ” bills, which was referred to the Committee on
‘ Wt-Offlces and Post-Roads.
A u" ^ k S O N (for Mr. K it t b e d g e ) presented the petition of
til
^ rcinhart, of Huron, S. Dak., praying for the passage of
Gr ®°'called “ Rodenberg anti-injunction ” and “ Hemenway^ toty ash-pan” bills, which was referred to the CoinA °n
r
Judiciary.
o rp n -D IX 0N presented petitions of sundry citizens and labor
Kantzations of Anaconda and Stockett, in the State of Monp a y in g for the adoption of certain amendments to the
tioiw .1 Sherman antitrust la w ” relating to labor organizaMr m m uore referred to the Committee on the Judiciary.*
bin
pre ^ I)re^nted sundry affidavits to accompany the
Worn
^ granting a pension to Catherine Mastick, which
e referred to the Committee on Pensions.
of p u ,
Presented petitions of sundry labor organizations
d u » w Ve j
Columbus, Toledo, Cincinnati, .Chillicothe, Sanpas«.; ’ anl1 Canton, all in the State of Ohio, praying for the
“ Hon?^ . tae S0*
ca^e^ “ Rodenberg nnti-injnnction” and the
tho f.J<nway'Craff safety ash-pan” bills, which were referred to
Committee on the Judiciary.
Clevoi*118? Presented memorials of sundry business firms of
and T f Columbus> Toledo, Warren, Springfield, Fostoria,
the n 1*<y?n'a, all in the State of Ohio, remonstrating against
?
antltr f i of cortaiu amendments to the so-called “ Sherman
ferr< i * aw ” relating to labor organizations, which were reto the Committee on the Judiciary,
lab ' N E w LANDS presented petitions of sundry citizens and
in th orf anizati°ns of Rhyolite, Ely, Tonopah, and Goldfield, all
aim. i State of Nevada, praying for the adoption of certain
to
to the so-called “ Sherman antitrust law ” relating
tho , f organizations, which were referred to the Committee on
“ e Judiciary.

SonH l 5RANDEGEE presented petitions of sundry citizens of
Coin 1 , , orwalk, Bridgeport, and Bristol, all in the State of
tho
iUt’ Pray*ng for the adoption of certain amendments to
- * called “ Sherman antitrust la w ” relating to labor organiU 18' which were referred to the Committee on the Judiciary.
Conn a 80 Preseated a petition of sundry citizens of Bridgeport,
tho h Praytog for tho enactment of legislation providing for
tfo;,f lvesCgation and the development of the methods of the
o
of tuberculosis, which was referred to the Committee
and National ^11111^1111^*.
\r ubiic Health iiuu i>U
'*v
LIU U Quarantine.
Ul
prt - BEVERIDGE presented a memorial of Post V, Travelers’
hion-^H'6 Association of America, of La Porte, Ind., reW L io at,ns a?atost the repeal of the duty on leaf tobacco,
tr "“a
rT w-as referred to the Committee on Finance.
ciat'' a ^ PresenWd resolutions of the Shelbyville Civic AssoS0
a!n aud of the Indiana State Federation of Clubs, approvgov,
act,°n of the President in calling a conference of the
h a / ln° rs *° consbtor the question of the conservation of the
the r-11 rosources of the United States, which were referred to
Gaii C°himittee on Forest Reservations and the Protection of

6643

ment of the methods of the treatment of tuberculosis, which
was referred to the Committee on Public Health and National
Quarantine.
He also presented a petition of Boilermakers’ Union No.
10, of Indianapolis, Ind., praying for the adoption of certain
amendments to the so-called “ Sherman antitrust law ” relating
to labor organizations, which was referred to the Committee on
the Judiciary.
He also presented memorials of sundry citizens of Frankfort
and Middletown, in the State of Indiana, remonstrating against
the enactment of legislation to prevent Sunday banking in postoffices in the handling of money orders and registered letters,
which were referred to the Committee on Post-Offices and PostRoads.
He also presented a petition of West Grove Grange, No. 2117,
Fatrons of Husbandry, of Pennville, Ind., and a petition of
Union Grange, No. 938, Patrons of Husbandry, of Pimento, Ind.,
praying for the passage of the so-called “ rural parcels-post
bill," which were referred to the Committee on Post-Offices
and Post-Roads.
He also presented resolutions adopted by the Commercial
Club of Goshen, Ind., indorsing the action of the President in
calling a conference of the governors on the conservation of the
natural resources of the United States, which were referred to
the Committee on Forest Reservations and the Protection of
Game.

D PO T O C M ITTEES.
E RS P O M
Mr. HALE. I report back from the Committee on Appropria­
tions with sundry amendments the bill (II. R. 21946) making
appropriations to supply deficiencies in the appropriations for
the fiscal year ending June 30, 1908, and for prior years, and
for other purposes, and I submit a report (No. 684) thereon.
I wish to say to the Senate that I have asked the Printing
Office to expedite the printing and send the bill to the Senate
some time this afternoon, and when it reaches here, in order to
expedite business, I shall ask the Senate, when it has possession
of copies of the bill, to take it up to-day and, I hope, pass it.
The 1 ICE-PRESIDENT. The bill will be placed on the
Calendar.
Mr. WARNER, from the Committee on Military Affairs, to
whom was referred the bill (S. 7114) to correct the military
record of Stephen Feather, deceased, reported it with amend­
ments and submitted a report (No. 6 8 6 ) thereon.
Mr. BAILEY. I am directed by the Joint Select Committee
on the Disposition of Useless Papers in the Executive Depart­
ments, to whom was referred the letter of the Secretary of Com­
merce and Labor transmitting a schedule of documents and
papers in the Department of Commerce and Labor not necessary
for the transaction of the public business, to submit a report
(No. 6 S8 ) thereon.
The VICE-PRESIDENT. The report will be printed and lie
on the table.
Mr. SCOTT. I am directed by the Committee on Military
Affairs, to whom was referred the bill (H. R. 21S75) making
appropriations for the support of the Military Academy for the
fiscal year ending June 30, 1909, and for other purposes, to re­
port it with amendments, and I submit a report (No. 687)
thereon. I give notice that I shall call up the bill at the very
earliest moment.
The VICE-PRESIDENT. The bill will be placed on the Cal­
endar.
Mr. BEVERIDGE, from the Committee on Territories, to
whom was referred the bill (S. 5329) to provide for an appro­
priation to defray the expenses of the constitutional convention
and State election of Oklahoma, and for other purposes, re­
ported it with an amendment and submitted a report (No.
6S9) thereon.
He also, from the same committee, to whom was referred the
bill (H. R. 21957) relating to affairs in the Territories, re­
ported it with amendments and submitted a report (No. 690)
thereon.

FIBE IN CH
ELSEA, M
ASS.

Mr. ALLISON. From the Committee on Appropriations I
report back favorably without amendment the bill (H. R
21927) to reimburse certain Departments of the Government for
expenses incurred incident to the recent fire in Chelsea, Mass
and for other purposes, and as it is a brief bill and local in its
object, I ask unanimous consent for its immediate consideration
The Secretary read the bill, and there being no objection the
Senate, as in Committee of the Whole, proceeded to its consid­
£
a*so presented a petition of sundry citizens of Howell and eration.
anavHle, in the State of Indiana, praying for the enactment
The bill was reported to the Senate without amendment or
k-gislation providing for the investigation and the develop­ dered to a third reading, read the third time, and passed ’







6644

CONGRESSIONAL RECORD— SENATE.
BILLS INTRODUCED,

Mr. BURKETT introduced a bill (S. 7197) granting an in­
crease of pension to Luther C. Wright, which was read twice
by its title and referred to the Committee on Pensions.
Mr. BERKELEY introduced a bill (S. 7198) granting an in­
crease of pension to James M. Perkins, which was read twice
by its title and, with the accompanying papers, referred to the
Committee on Pensions.
Mr. KRANDEOEE introduced a bill (S. 7199) for the relief
of the heirs of Jenkins & Havens, which was read twice by its
title and referred to the Committee on Claims.
Mr. DICK introduced a bill (S. 7200) granting an increase of
pension to Fenton Bagley, which was read twice by its title and
referred to the Committee on Pensions.
He also introduced a bill (S. 7201) to establish a Board of
Visitors to the Lnited States Naval Academy, which was read
twice by its title and referred to the Committee on Naval
Affairs.
Mr. FOSTER introduced a bill (S. 7202) for the relief of the
heirs of Dr. T. H. Maddox, deceased, which was read twice by
its title and referred to the Committee on Claims.
Mr. TALIAFERRO introduced the following bills, which were
severally read twice by their titles and referred to the Com­
mittee on Claims:
A bill (S. 7203) for the relief of the estate of Alfred L. Shotwell; and
A bill (S. 7204) for the relief of the estate of Nathan A.
Davis.
Mr. DANIEL introduced a bill (S, 7205) for the relief of
Willoughby L. Wilson, administrator of the estate of Wil­
loughby Wilson, deceased, which was read twice by its title
and referred to the Committee on Claims.
Mr. ON EN introduced the following bills, which were sev­
erally read twice by their titles and referred to the Committee
on Claims:
A bill (S. 720G) conferring jurisdiction on the Court of Claims
to adjudicate the rights of persons who formerly held town lots
in the city of Sulphur, in the Chickasaw Nation, Ind. T., which
have been taken for a United States reservation, and for other
purposes; and
A bill (S. 7207) for the refunding of certain moneys.
He also introduced a joint resolution (S. R. 91) proposing an
amendment to the Constitution of the United States, which was
read twice by its title.
OWEN. I ask that the joint resolution lie on the table.
The VICE-PRESIDENT. The joint resolution will lie on the
table.

----/
I

U C SAM O C M N .
N LE
IL O PA Y

Mr. OWEN submitted the following resolution, which was
read:

That.,tLeuCommittee on Post-Offices and Post-Roads be
fnd hem ^ri«i’ ^ereby; dirfect. d
thto pm
e
investigate the matters set fortli
nnnr
? or al Presented to the Senate by the Uncle Sam Oil Com
andy thed
lts ^ndi^'svand conclusions with reference theretc
,
before the said committee. Said com
fe .
be?aby directed to inquire into and Investigate the whole
m
memorial, and particularly the following matters:
pany sutfe
!Lany’ ha7e public press in favor of the Oil C
om
Rii
ldize or influence the bet°, used by the Standard Standard
i n Pu®PaaF aild afloat the Uncle Sam Oil Company or to prevent the
,^ l,Com in competition the the Standard O Comrefln
^
me. and marketing oilny paging in withbusinels of p rM n F pany,
il
J* 1 what connection or relation, if anv. existe hptu-ppn
■
an, /% ra‘iroad companies doing business iu the
d be
^
of Kansas and Oklahoma and what discriminations have been
made by any of said railroad companies against the Uncle Sam O
il
Company and In favor of the Standard Oil Company, and what e^om
any of said railroad companies have made to influence or prejudice the
Jd
u
United -2tates d‘strict 00urt tor the district of K a S
.. if?
X means, if any, have been used to Influence the officers of
the Post-Office Department to interfere with the officers of the Unde
Sara Oil Company by withholding the mail from said company and ?ts
officers and refusing to pay to said company or its officers postal money
orders payable to said company or its officers and to circulate untrue
reports concerning said company.
ue
nt (T,L-V
ba.t ffieans’ ? aDy- aave been used to influence the Department
e t0 Pr08ecuje an7 officer of said Uncle Sam Oil Company, and
* “y the manager of said company was three times indict^ bv the
giand jury in the Lnited States district court for the district of KanEas ™ a charge of which he was innocent.
V ,; bac m ’
h«
ean/
have been used to secure the Incarceration
said LncL Sam 011 Company in a common Jail for
e
t, •oiPi rL
e
0d thrw months for making an application for a change of
i,n the United States circuit court for the district of ^an
mtkns'x f a,ny- were used to pardon the Apartment of
Ju^!.ce to advise the president to refuse to influencesaid officer.
Oklahoma niirefipuu e«n^8 f°ir th low|PrlceJof crude oil In the Kansas.£
k M
0
d3' aDj , by the price of refined oil in the United
w
M crude oil * dl*reased ln Proportion with the decrease in the price
n.TI'* 8ald .committee is hereby authorized to send for persons and
p I rs, administer oaths to the witnesses, and sit during the reces«e
ir k^nk39 at such places as shall be most accessible to the witness^Senate' ^ the tC3tim “ ^ ted in full fortoe^tXmatto?Tu!
ony
n v fi et ? i Ced’

May 21,

- “ Mr. OWEN. I ask that the resolution may lie on the table.
The VICE-PRESIDENT. The resolution will lie on the table.
Mr. OWEN submitted the following resolution, which was
read:
R e s o l v e d , That the Postmaster-General, the Department of Justice,
and the President be, and they are hereby, requested to lay before
the Senate all information in their possession concerning the issuance
of a fraud order against H. H Tucker, jr. or the Uncle Sam O
.
il
Company, the prosecution of said H H. Tucker, jr., in the United
.
States district court for the district of Kansas, his incarceration in
jail for making an application for a change of trial judges in the
United States circuit court for the district of Kansas, and the printing
and circulation of a report by R P, Goodwin to the Postmaster-General
.
as a basis for said fraud order, and why said fraud order has not
been revoked since the acquittal of said H. H. Tucker, jr.

Mr. OWEN. I ask that the resolution may lie on the table.
-Tire VICE-PRESIDENT. The resolution will lie on the tabier
Mr. CARTER. I wish to inquire if the resolutions just read
go over, under the rule, or whether it is intended to call them
up during the day?
The VICE-PRESIDENT. The resolutions were ordered to
lie on the table. The Senator from Oklahoma made no further
request
Mr. CARTER. I suggest that the resolutions be referred to
the Committee on Post-Offices and Post-Roads.
The VICE-PRESIDENT. The Senator from Montana moves
that the resolutions be referred to the Committee on Post-Offices
and Post-Roads.
-M r. OWEN. That course will be agreeable to me.
The VICE-PRESIDENT. Without objection, it is so ordered.
Mr. OWEN subsequently said: I present a memorial of tbe
Uncle Sam Oil Company requesting that the conduct of the
Post-Office Department and the other official offices touching
iiu g c iu u u auu auairs oi mat company do investigated u j
Congress, I ask that the memorial be printed as a document
for the information of the Senate.
J E h e \ ICE-PRESIDENT. Is there objection to the requent for
the printing of the memorial as a document? The Chair hears
none, and that order is made.
/ ■ r• OWEN. I ask that the memorial when printed be re­
M
ferred to the Committee on Post-Offices and Post-Roads.
vThe VICE-PRESIDENT. That reference will be made, in tbe
absence of objection.
QUAPAW AGENCY, OKLA.

Mr. CURTIS submitted the following resolution, which was
considered by unanimous consent and agreed to:
R e s o lv e d , That the Secretary of the Senate be directed to request tb«
House of Representatives to return to the Senate the bill (II. It- 1 6 M
M
f2 r * e amoral of the restrictions on alienation of lands of allottees <*
5
the Quapaw Agency. Okia., and the sale of all tribal lands, school,
agency, or other buildings on any of the reservations within the juris
diction of such agency, and for other purposes.

CHOCTAW AND CHICKASAW INDIAN BOLLS.

Mr. CLAPP. On January 20 I submitted a resolution calling
on the Secretary of the Interior to transmit to the Senate a h6*
of the rolls which have been prepared since 1830 of the Choc­
taw and Chickasaw Indians, and so forth. Since that time
have received a number of communications from the Department
of the Interior relative to this matter. I move that these com*
munications be printed as a document.
The motion was agreed to.
CRIMINAL, PAUPER, AND DEFECTIVE CLASSES.

Mr. CLAPP. I present a paper by Arthur M cD onald , be|n|
hearings on bills to establish a laboratory for the study °f *
criminal, pauper, and defective classes. I move that the pal’0
be printed aB a document.
The motion was agreed to.
BEPORT ON DISEASES OF CATTLE.

Mr. DANIEL. Mr. President, there is in the Senate at t
time House joint resolution 176, which provides for printm&
the Special Report on Diseases of Cattle. It provides for Pr,ul
ing 100,000 copies of this excellent work.
. .g
I will state in this connection that there only three memo
of the Committee on Printing, and all three are absent, «
>
unless the process is taken which I shall suggest the j o i n t re­
lation is likely to fail, while there is a very general d^'fe
its passage. I move to discharge the Committee on Frin
from the further consideration of the joint resolution (H* *
Res. 176) providing for the printing of the Special Report
the Diseases of Cattle, and I shall then ask unanimous con ^
to put the joint resolution on its passage. I have talker
members of the Committee on Agriculture and F o r e s t r y ,
eluding the acting chairman [Mr. WabbenJ, whom I d° n m in his seat at the moment, and they have e x p r e s s e d t°
selves----Mr. KEAN. What is the Joint resolution?

CONGRESSIONAL RECORD— SENATE.

1908

6659

The next amendment was, in the item “ Public printing and
The next amendment was, in the item “ Legislative,” on page
62, after line 2 , to insert:
binding,” on page 70, after line 8 , to insert:

To pay William S. Rossiter, for services in conducting, by direction
SE A E
NT.
To pay Sara Alice Latimer, widow of lion. Asbury C Latimer, late of the President, an investigation of the affairs and operations of the
.
Government Printing Office, and reporting thereon, $1,000.
a Senator from the State of South Carolina, $7,500.

The amendment was agreed to.
The next amendment was, in the item “ Judgments, Court
of Claims,” on page 70, line 17, after the words “ eight hun­
To pay Emily .T Froctor, widow of Hon. Redfleld Proctor, late a dred and eighty-eight,” to insert “ and Senate Document No.
.
Senator from the State of Vermont, $7,000.
49S,” so as to make the clause read:
The amendment was agreed to.
For the payment of the judgments rendered by the Court of Claims,
The next amendment was, on page 62, after line 9, to insert: reported to Congress at its present session in House Document No. 88$
The amendment was agreed to.
The next amendment was, on page 62, after line 6 , to insert:

To pay Janet G A. Bryan, widow of Hon. William James Bryan, and Senate Document No. 498.
.
•ate a Senator from the State of Florida, $7,500.
The amendment was agreed to.

The next amendment was, on page 70, line 20, after the word
The amendment was agreed to.
The next amendment was, on page G , after line 12 , to insert: “ Department,” to strike out “ $54,368.52 ” and insert “ $77,2
To pay to Joseph Whyte and Clymer W
T
hyte, sons, and to William 3S9.86,” so as to make the clause read:

I inkney Whyte, Charles G Whyte, Mary T. Wallbrecht, and William
.
Hollingsworth Whyte, grandchildren, of Hon. William Pinkney Whyte,
*ate a Senator from the State of Maryland, $7,500.
The amendment was agreed to.
The next amendment was, on page 62, after line 18, to insert:

.T o pay to Ida Mallory, Stephen R. Mallory, Kathleen Mallory, Ruby
Mallory Fisher, Cora Mallory, Nellie Mallory Pasco, and Stephen R.
Mallory Kennedy, nephews and nieces of lion. Stephen R. Mallory, late
a Senator from the State of Florida, $7,500.
The amendment was agreed to.
The next amendment was, at the top of page 63, to insert:
For salaries and mileage of Senators, $8,440.62.
The amendment was agreed to.
The next amendment was, on page G3, after line 2, to insert:

For miscellaneous items, exclusive of labor, $25,000.
The amendment was agreed to.
The next amendment was, on page 63, after line 4, to insert:

t),p 1 reimburse the official reporters of the proceedings and debates of
foifor expenses Incurred from M
arch 4, 1907, to M
arch 4, 1908,
t clura hire and other extra clerical services, $4,740.

Under War Department $77,389.86.

The amendment was agreed to.
The next amendment was, on page 70, line 24, after the word
“ Department,” to strike out “ $27,462.67” and insert “ $28,154.14,” so as to make the clause read:

Under Navy Department $28,154.14.
The amendment was agreed to.
The next amendment was, on page 71, line 4. after the word
“ and,” to strike out “ $7,203.77 ” and insert “ $7,258.20,” so as
to make the clause read:

Under Post-Office Department, $7,258.20.
The amendment was agreed to.
The next amendment was, on page 71, line 7, before the word
“ dollars,” to strike out “ one hundred and thirty-three” and
insert “ two hundred and fifty-eight,” so as to make the clause
read:

Under Department of Justice, $2,258.75.

The amendment was agreed to.
The next amendment was, on page 71, line 16, after the
word "all,” to strike out “ $S94,465.84,” and insert “ $918,William M Malloy for reporting hearings before the Com 358.08,” so as to make the clause read:
.
-

Fhe amendment was agreed to.
Fhe next amendment was, on page 63, after line 9 , to insert:

* itt°
biH $ 1 8 7 T 0reign Relations on wireless telegraph treaty and consular
,
Q
The amendment was agreed to.
Fne next amendment was, oil page 63, after line 13, to insert:

clerk'

Under Department of Interior, $788,866.87; in all, $918,358.08: P r o ­
That none of the judgments herein provided for shall be paid
until the right of appeal shall have expired.
v id ed ,

The amendment was agreed to.

The next amendment was, in the item “ Judgments in Indian
Robert W Farrar, for indexing and for extra services as
.
depredation claims,” on page 71, line 20, after the words
10 Hie Committee on Pensions, $1,000.

“ eight hundred and seventy-eight,” to insert “ and Senate Docu­
ment No. 500,” and on page 72, line 1, after the word “ hun­
dred,” to strike out “ $114,449,” and insert “ $144,094,” so as to
the r?m™ P.enn^
s
Kerr> f°r services as assistant clerk by detail to read:
committee on Pensions, $1,000.
For payment of judgments rendered by the Court of Claims In Indian
he amendment was agreed to.
depredation eases, certified to Congress at its present session in House
^ e next amendment was, on page 63, after line 18, to insert: Document No. 878 and Senate Document No. 500, $144,094 ; said
The amendment was agreed to.
bhe next amendment was, on page 03, after line 1G to insert:
,

to be paid after the deductions required to be made under the
A f f a ir for extra services rendered to the Committee on Military judgments of section 6 of the act approved M
arch 3, 1891.
arv *>? ? E .* . the investigation of the Brownsville affray, from Janu- provisions
■
>
as an+i,J-r 'i coring the recess of the Senate, and until March 11, 1908,
The amendment was agreed to.
J zed by Senate resolution No. 208, Fifty-ninth Congress, second
10™
The next amendment was, in
Judgments, United
to o ": aT follows: To L. M Wells, $2,000; to J. A. Breckons, $1,200; States courts,” on page 73, line 4,the item “ word “ session,” to
8
.
after the
«11, |4 000 C
’
to Ray Colwell, $100; to Joseph Carter, $100; in
jj.* p IIa l e . Mr. President, as an amendment to that amendTv 1
what I send to the desk,
xt-iii i ' ICE-PRESIDENT, The amendment to the amendment
Wl> be stated.
!
w] h° P icketa r y . On page 64, line 4, after the word “ dollars,”
linur c - first occnrs' it is proposed to insert. “ to E. L. Corneon ii 000 ’ reter
$100; John R. Williams, $100;” and
<Wi»'e
after the word “ thousand,” to insert “ eight hunrp, 80
to make the total $4,800.
amendment to the amendment was agreed to.
Ro amendment as amended was agreed to.
of th r, > ding of the bill was resumed. The next amendment
<a
4 , . Committee on Appropriations was, on page 64, after line
to insert:

strike out “ by the Attorney-General,” and in line 5, after the
words “ eight hundred and eighty-four,” to insert “ and Senate
Document No. 499,” so as to make the clause read:

For payment of the final judgments and decrees, including costs of
suit, which have been rendered under the provisions of the act of M
arch
3. 1887, entitled “An act to provide for the bringing of suits against
the Government of the United States.” certified to Congress at its pres­
ent session in House Document No. 884 and Senate Document No. 499,
and which have not been appealed.
The amendment was agreed to.
The next amendment was, on page 73, after line 7, to insert:

Under the W Department, $222.54.
ar
The amendment was agreed to.
The next amendment was, on page 73, line 11, after the word
“ dollars,” to insert “ in all, $1,267.54,” so as to make the
clause read:

Under the Navy Department. $1,045; in
c To r 11 tl. Jones for extra services in the care of the Senate such additional sum as may be necessary all, $1,267.54, together with
h
to pay interest on the re­
L * and for the work in connection therewith S100 for the spective judgments at the rate of 4 per cent per annum from the date
)m !ter
1 session of tlie Sixtieth Congress.
thereof until the time this appropriation is made: P r o v i d e d , That none
of the judgments herein provided for shall be paid until the right of
The amendment was agreed to.
xhe next amendment was, on page 64, after line 8 , to insert: appeal shall have expired.
The amendment was agreed to.
]p_T Pay N. M W
".
. akefield for service rendered in preparing a tracer of
vasiatlon, and notifying the members of the Senate of the movements
The next amendment was, on page 73, line 22, after the word
01
Senate bills, $1,000.
“ session,” to strike out “ by the Attorney-General; ” and in line
The amendment was agreed to.
24, after the word “ principal,” to strike out “ for ” and insert
The next amendment was, u n d e r the head of “ House of Itep^sentatlvas,” on page 65, line 23, after the word “ for,” where
,, Occurs the second time, to strike out “ first” and insert
asV ’ so as to make the clause read:
For telephone service for House O
ffice Building for last half of the

uscal year 1»08, $2,760.

The amendment was agreed to.




“ of,” so as to make the clause read:

For the payment of Interest at the rate of 4 per cent per annum In
accordance with section 10 of the act of M
arch 3, 1887 upon the fimi
judgments and decrees, including costs of suit, certified to Comn-oss-it
iis present session in Senate Document No. 195, the principal of xvhich
was provided for in the deficiency act approved February 15 lo n e J t
much money therefor as may be necessary.
’
’
The amendment was agreed to.




6860

CONGRESSIONAL RECORD— SENATE

The next amendment was, on page 74, after line 9, to strike
out:

May 21 ,

CLAIMS ALLOWED BY THE AUDITOR FOR THE INTERIOR DEPARTMENT.

For surveying the public lands, $14,571.81.
For incidentals in New Mexico, 1907, $21.01.
Sec. 2. After June 30, 1908, where the salary or compensation of
For payment to estate of Wyatt Gilchrist, deceased, for stock stolen
any officer, agent, clerk, or employee in the service of the United States from him by Comanche Indians in 1866, $300.
is at an annual or monthly rate the following rules shall be followed
N
in computing the amount due: An annual salary or compensation shall CLAIMS ALLOWED BY THE AUDITOR FOR THE STATE A ’D OTHER DEPART­
be divided into twelve equal installments, one of which shall be the
MENTS.
pay for each calendar month; and in making payment for a fractional
Treasury Department: To pay the State of Oklahoma the amount
part of any calendar month there shall be paid such proportion of one found due by the accounting officers as interest at 3 per cent per annum
of such installments, or of the amount of the monthly salary or com­ on the sum of $5,000,000 appropriated by section 7 of the act approved
pensation. as the number of days in the fractional part of that month June 16, 1906 (34 Stats., p, 267), from June 16, 1906, to December 17,
hears to the actual number of days in that month.
1907, in accordance with the decision of the Comptroller of the Treas­
ury dated May 11, 1908, $225,409.84.
The amendment was agreed to.
Department of Agriculture: For protection of forest reserves, $60.
The next amendment was, on page 74, after line 21, to strike
Department of Commerce and Labor: For repairs and incidental ex­
penses of light-houses, $42.75.
out:
Department of Justice: For fees of clerks, United States courts,
Sec. 3. Hereafter all supplies of fuel, ice, stationery, and other mis­ 1907, $263.63,
For fees of commissioners, United States courts, $31.40.
cellaneous supplies for the Executive Departments and other Govern­
ment establishments in Washington, when the public exigencies do not
For prosecution of Indians in Arizona, act of March 4, 1907 (Apache
require the immediate delivery of the article, shall be advertised and County), $3,626.06.
contracted for by the Secretary of Commerce and Labor, instead of by
The fftnendment was agreed to.
the several Departments and establishments, upon such days as he may
The reading of the hill was concluded.
designate. There shall be a general supply committee in lien of the
board provided for in section 3709 of the Revised Statutes as
Mr. NELSON. I offer the amendment which I send to the
amended, composed of officers, one from each such Department and
other Government establishment in Washington, designated by the head desk, to come in at the end of line 12 , on page 64.
The VICE-PRESIDENT. The amendment will be stated.
thereof, the duties of which committee shall be to make, under the
direction of the said Secretary, an annual schedule of required miscel­
The Secretary. On page 64, after line 12, it is proposed to
laneous supplies, to standardize such supplies, eliminating all unnec­
essary grades and varieties, and to aid said Secretary in soliciting bids insert:
To enable the Secretary of the Senate to pay for extra services ren­
based upon formulas and specifications drawn up by such experts in
the service of the Government as the committee may see fit to call dered in transferring, rearranging, remarking, cleaning, and refiling
upon, who shall render whatever assistance they may require. The the papers of the Senate: To Bayard C. Ryder, $700; Ansel W old,
committee shall aid said Secretary in securing the proper fulfillment $400; R. R. Dutton, $300; George Payne, $50; Christopher W oodlen,
of the contracts for such supplies, for which purpose the said Secre­ $60.
tary shall prescribe, and all Departments comply with, rules providing
Mr. HALE. I make the point of order that the amendment
for such examination and tests of the articles received as may be nec­
essary for such purpose; in making additions to the said schedule; in is not recommended by any standing committee of the Senateopening and considering the bids, and shall perform such other sim­
The VICE-PRESIDENT. The Chair will inquire if that
ilar duties as he may assign to them: P r o v i d e d , That the articles in­
tended to be purchased in this manner are those in common use by or is so?
Mr. NELSON. I think it is.
suitable to the ordinary needs of two or more such Departments or
establishments; but the said Secretary shall have discretion to amend
The VICE-PRESIDENT. The Chair is of the opinion that
the annual common supply schedule from time to time as to any articles the point of order is well taken, and therefore sustains the
that, in his judgment, can as well be thus purchased. In all cases
only one bond for the proper performance or each contract shall be point of order.
required, notwithstanding that supplies for more than one Department
Mr. GALLINGER. I offer the amendment which I send to
or Government establishment are Included in such contract. Every tlio desk.
purchase or drawing of such supplies from the contractor shall be im­
The VICE-PRESIDENT. The amendment will be stated.
mediately reported to said committee. No disbursing officer shall be a
member of such committee. No Department or establishment shall
The Secretary. On page 48, after line 23, it is proposed to
purchase or draw supplies from the common schedule through more insert the following:
than one office or bureau, except in case of detached bureaus or offices
To enable the Secretary of the Interior to continue negotiations
having field or outlying service, which may purchase directly from the
0
contractor with the permission of the head of their Department or es­ the establishment of international methods of testing petroleum a®
for making the necessary tests, $5,000.
tablishment: A n d p r o v i d e d f u r t h e r , That telephone service, electric
light and power service purchased or contracted for from companies or
Mr. HALE. I will ask if that is recommended by any stand­
individuals shall be so obtained by him. All laws and parts of laws
ing committee?
.
inconsistent with this section are hereby repealed.

The amendment was agreed to.
The next amendment was, in the item “ Claims allowed by
the Auditor for the Navy Department,” on page 79, after line
24, to strike out:
For payment of certain claims approved by the Auditor of the War
Department for damages done to private property by the firing of
heavy guns at Forts Heath and Banks, Winthrop, Boston Harbor,
Massachusetts, 51,250.

The amendment was agreed to.
The next amendment was, on page 83, after line 14, to insert
as a new section the following:

Sec. 3. That for the payment of the following claims, certified to be
due by the several accounting officers of the Treasury Department
under appropriations the balances of which have been exhausted or
carried to the surplus fund under the provisions of section 5 of the
act of June 20, 1874, and under appropriations heretofore treated a3
permanent, being for the service of the fiscal year 1905 and prior years,
unless otherwise stated, and which have been certified to Congress under
section 2 of the act of July 7. 1884, as fully set forth in Senate Docu­
ment No. 497, reported to Congress at its present session, there is
appropriated as follows:

Mr. GALLINGER. The Senator from Maine inquires if that
is recommended by any standing committee. I do not know
that it is necessary for it to be recommended by a standins
committee. It is a matter that the Senate is familiar w»n*
There was in the last bill a small appropriation for this P°*'
pose. It is a very important matter, as it deals with an inte "
national conference on this great question. Other government
have discriminated against our Government in this imporum
matter, and it is of exceeding consequence that we should hav
representative to protect the interests of the United Stat
That is all there is to it.
The VICE-PRESIDENT. The question Is on agreeing tow*
amendment submitted by the Senator from New Hampshir •
The amendment was agreed to.
Mr. OWEN. I offer the amendment which I send to
desk, to come in on page 48, after line 8 .
.
The VICE-PRESIDENT. The amendment will be statedThe Secretary. On page 48, after line 8 , it is proposed
insert the following:
,ft.
That the sum of $215,393.28 be, and the same Is hereby. "Pp^not

ed,
ated, out of any money in the Treasury of the United
otherwise appropriated, to pay the unsettled
t etherCfor
For payment of judgments against internal-revenue officers, $2,610.49. tutional convention of Oklahoma and for the expenses of IP to , j,v
elections hela
and thereunder; said deficit to be paid upon vouchersi appro s)](. ,
CLAIMS ALLOWED BY THE AUDITOR FOR THE W R DEPARTMENT.
A
the governor and secretary of state of the State of Oklahoma. 1 sury.
For pay, etc., of the Army, $695.34.
manner and form as may be prescribed by the Secretary of the Ar “ j
For encampment and maneuvers, organized militia, $253.35.
CLAIMS ALLOWED BY THE AUDITOR FOR THE TREASURY DEPARTMENT.

For subsistence of the Army, $77.
Mr. HALE, I make the point of order that the amendm
For transportation of the Army and its supplies, $388.23.
. f3ct
For pay, transportation, services, and supplies of Oregon and Wash­ proposes general legislation.
r .M r . OWEN. I call the attention of the Senate to
ington volunteers in 1855 and 1856, $86.69.
CLAIMS ALLOWED BY THE AUDITOR FOR THE NAVY DEPARTMENT.

For pay of the Navy, $4,705.14.
For pay, miscellaneous, $3,52.
For contingent. Navy, $76.
For pay, Marine Corps, $381.65.
For contingent, Marine Corps, $742.95.
For gunnery exercises, Bureau of Navigation, $21.75.
For equipment of vessels, Bureau of Equipment, $6,234.62.
For construction and repair, Bureau of Construction and Repair,
$2,933.56.
^indemnity for lost property, naval service, act March 2, 1895,
$o0-«.29:
For destruction of clothing and bedding for sanitary reasons, $6.95,
tor enlistment bounties to seamen, $308.34.

1 that

this has been reported by one of the standing conm
of the Senate—the Committee on Territories—it has bee> 1 fl3
on by the Senate itself, and the Committee on Approp
, ^
last year reported on this bill $135,000 for this purpose *
passed the Senate. I call attention to the fact that m
^
of Wyoming the appropriations were made for the cm ^
of the constitutional convention and for the
^v ye
thereof and thereunder; that in the case of Utah the id
un­
appropriated in like manner for paying the expenses o therestitutional convention and for elections held thereor <
sUju
under. So we have the precedents of Congress; anu

CONGRESSIONAL RECORD— SENATE.

1908.

proposed to be appropriated for Oklahoma for this purpose is
not an excessive amount, judged by the precedents, because in
Wyoming the sum for holding the convention amounted to C
O
cents per capita, and on that basis for Oklahoma it would
amount to $720,000. I think, therefore, the Senate ought to
follow the precedents, ought to follow the report of the Comniittee on Territories, ought to follow the action of the Com­
mittee on Appropriations of last year, and ought to follow the
action of the Senate of last year.
I hope the Senator from Maine will not insist upon the point
of order.
""Mr. HALE. The committee has had no opportunity to ex­
amine this matter, and I must insist upon the point of order.
The VICE-PRESIDENT. The Chair sustains the point of
order.
Mr. GUGGENHEIM. I propose the amendment I send to the
desk, to be inserted on page 5, after line 2.
The Secretary. On page 5, after line 2, it is proposed to
insert:

6661

State, Territory, or District such troops may be called,” so as
to read:
Sec. 4. That whenever the United States Is invaded or in danger of
invasion from any foreign nation, or of rebellion against the authority
of the Government of the United States, or the President is unable
With the regular forces at his command to execute the laws of the
Union, it shall be lawful for the President to call forth such number
of the militia of the State or of the States or Territories or of the
District of Columbia as he may deem necessary to repel such invasion,
suppress such rebellion, or to enable him to execute such laws, and to
issue his orders for that purpose, through the governor of the re­
spective State or Territory, or through the commanding general of
the militia of the District of Columbia, from which State, Territory,
or District such troops may be called, to such officers of the militia
as he may think proper.

The amendment was agreed to.
The next amendment was, on page 7, line 4, after the word
“ procure,” to insert “ by purchase or manufacture,” so as to
read:
That the Secretary of War is hereby authorized to procure, by pur­
chase or manufacture, and issue from time to time to the organized
militia.

TRANSPORTATION OP STANDARD SILVER DOLLARS.

And so forth.
For transportation of standard silver dollars, by registered mail or
The amendment was agreed to.
otherwise, Sio.OOO; aiul in expending this sum the Secretary of the
The next amendment was, on page 8 , line 14, after the words
treasury is authorized and directed to transport from the Treasury or
^treasuries, free of charge, standard silver dollars, to June 30, 1908, “ and the,” to strike out “ governor thereof ” and insert “ gov­
when requested to do so: P r o v i d e d , That an equal amount in com or ernors of the States and Territories and the commanding gen­
°hrrency shall have been deposited in the Treasury or such subtreasy
’ties by the applicant or applicants; and the Secretary of the Treasury eral of the militia of the District of C o lu m b ia a n d in line 17,
“hall report to Congress the cost arising under this appropriation.
before the word “ returns,” to strike out “ h is ” and insert
Mr. HALE. I make the point of order that the amendment
Proposes general legislation.
The VICE-PRESIDENT. The Chair is of opinion that the
aoiendment proposes general legislation, and therefore is in
Contravention of paragraph 3 of Rule XVI. The Chair sustains
rho point of order.
Mr. HALE. To establish a basis of appropriations for public
buildings, I report from the committee the amendment I send
the desk.
. The Secretary. On page 9, after line 22 , under “ Public
hidings,” it is proposed to insert:
rr.F'11 acquisition of sites and additions to sites for and to begin the
H
,“Uructi°n of public buildings and the extension of public buildings
hiav
flrst session of the Sixtieth Congress, so much thereof as
ay D necessary is hereby appropriated.
e

“ their,” so as to read:
When the organized militia is uniformed as above required, the Secretarv of War is authorized to fix an annual clothing allowance to each
State, Territory, and the District of Columbia for each enlisted man
of the organized militia thereof, and thereafter issues of clothing to
such States, Territories, and the District of Columbia shall he in ac­
cordance with such allowance, and the governors of the States and Ter­
ritories and the commanding general of the militia of the District of
Columbia shall be authorized to drop from their returns each year as
expended clothing corresponding in value to such allowance.

The amendment was agreed to.
The next amendment was to add at the end of section 8 the
following:
P r o v i d e d , That the sum expended ln the execution of the purchases
and issues provided for in this section shall not exceed the sum of
$2,000,000 In any fiscal year: P r o v i d e d a l s o , That the Secretary of War
shall annually submit to Congress a report of expenditures made by him
in the execution of the requirements of this section.

f'he amendment was agreed to.
Mr. HALE. I think that is all.
The amendment was agreed to.
* be bill was reported to the Senate as amended, and the
The next amendment was, on page 12, line 23, after the word
“ cndments were concurred in.
! “ authorized,” to insert “ together with the necessary clerical
Jhe amendments were ordered to be engrossed, and the bill to and office expenses of the division of militia affairs in the office
DeJ / ad a third time.
I of the Secretary of W ar; ” and on page 13, after the word
i he bill was read the third time and passed.
j “ Columbia,” in line 5, to insert: “ and a list of such expenses
shall be submitted to Congress annually by the Secretary of
Hitch man coal and coke company v. john mitciiell.
| War in connection with his annual report,” so as to read:
R iIr- SCOTT. Mr. President, during my absence from the
The actual and necessary traveling expenses of the members of the
j^hate I understand the Senator from Texas [Mr. Culberson] board, together with a per diem to he established by the Secretary of
War ’ shall be paid to the members of the hoard. The expenses
f l i g h t up the case In regard to Judge Dayton’s restraining herein authorized, together with the necessary clerical and office ex­
u"uer,
penses of the division of militia affairs in the office of the Secretary of
I desire to read the following, In order that it may go into the War, shall constitute a charge against the whole sum annually appro­

Record:
„
lon- C E. Littlefield,
.

W
heeling, W. Va.,

A p r i l 25, 1908.

W a s h in g to n , D . O.

thi

priated under section 1661, Revised Statutes, as amended, and shall be
paid therefrom, and not from the allotment duly apportioned to any
particular State, Territory, or the District of Columbia; and a list of
such expenses shall be submitted to Congress annually by the Secretary
rvf War in rrm
npirtlnn with his annual r£D F
O t.

Sir : Replying to your favor ______ i
of March 28, 1908, we appeared in
The amendment was agreed to.
1
..
. __
circuit court as counsel for AU-> defendants in t
the
in
The bill was reported to the Senate as amended, and the
roceLi;« National Telephone Company v . Kent et al. No contempt p.v,
eve.. . 3 Rrew out of the injunction case. We have no criticism what amendments were concurred in.
I«, J“ Lmake of the action of Judge Dayton in awarding the restrainThe bill was ordered to be engrossed for a third reading, read
r or * granting the preliminary Injunction. Our clients din
hio/iif us to discontinue their defense, and no motion to dissolve or to I the third time, and passed.
chents was ever
The injunction was made premanent as to our
PAY O C PIT L EM Y
F A O
PLO EES.
Mr. ALLISON. From the Committee on Appropriations I
n° part ln
*niU lc*ion sult hr0 1
T
1 ^ by the Hltchman
: report a joint resolution, which I should be glad to have conVery truly, yours,
D o ven er & F i s k e i s e n .
1 nifftd States
a*.-A.

I sidered.
„
_
The joint resolution (S. R. 93) to pay the officers and em! ployees of the Senate and House of Representatives their re­
EFFICIENCY O THE M
F
ILITIA.
Jlr. IIEMENWAY. I desire to call up the bill (S. 4316) to spective salaries for the month of May, 1908, on the day of
HR'ther amend the act entitled “An act to promote the ef- adjournment of the present session of Congress was read the
Jwieiicy of the militia, and for other purposes,” approved Jan­ j flrst time by its title and the second time at length as follow s:
I I ( s o l v e d , e t c ., That the Secretary of the Senate and the Clerk of the
uary 21 , 1003
IH
ouse of Representatives he, and they are hereby, authorized and inThere being no objection, the Senate, as in Committee of the ! strutted to pay all officers and employees of the Senate and House of
hole, proceeded to consider the bill, which had been reported I Representatives, including the Capitol police, their respective salaries
i for the month of May, 1908, on the day of adjournment of the present
"cun the Committee on Military Affairs with amendments.
The VICE-PRESIDENT. The bill has been read. The session of Congress.
Mr. ALLISON. For the convenience of the employees of the
h^ndmeuts will be stated.
,,
,_ ,
The first amendment of the Committee on Military Affairs ; Senate and House, I ask unanimous consent for the present con* as> on page 4 , after line 15, to insert “ through the governor | sideratlon of the joint resolution.
There being no objection, the Senate, as in Committee of the
°* the respective State or Territory, or through the commanding
general of the militia of the District of Columbia, from which Whole, proceeded to consider the joint resolution.
It is the same case referred to by the Senator from Texas.







6662

CONGRESSIONAL RECORD— SENATE.

The joint resolution was reported to the Senate without
The next amendment was, on page 4, in line 21, after the
amendment, ordered to be engrossed for a third reading, read word “ quartermaster’s,” to strike out “ depot ” and insert “ de­
the third time, and passed.
partment,” so as to make the clause read:
MILITARY ACADEMY APPROPRIATION BILL.

Mr. SCOTT. I ask the Senate to proceed to the consideration
of the bill (H. R. 21875) making appropriations for the support
of the Military Academy for the fiscal year ending June 30,
1909, and for other purposes.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill, which had been reported
from the Committee on Military Affairs with amendments.
Mr. SCOTT. I ask unanimous consent that the formal read­
ing of the bill be dispensed with, that the bill be read for
amendments, and that the committee amendments be first con­
sidered.
The VICE-PRESIDENT. Without objection, it is so ordered.
The Secretary proceeded to read the bill.
The first amendment of the Committee on Military Affairs
was, under the subhead “ Permanent establishment,” on page
2, line 3, before the word “ thousand.” to insert “ and sixty,”
so as to read:

For pay of cadets, $360,000.
The amendment was agreed to.
The next amendment was, on page 2, line 4, after the word
“ dollars,” to insert:
, That section 4 of an act approved June 6, 1900, entitled
An act making appropriations for the support of the Military Acad­
emy for the fiscal year ending June 30, 1901, and for other purposes,”
he amended to read as follows:
The corps of cadets shall consist of one from each Congressional
district, one from each Territory, one from the District of Columbia,
four from each State at large, and forty from the United States at
large. _ They shall be appointed by the President, and shall, with the
exception of the forty cadets appointed from the United States at
large, be actual or legal residents of the Congressional or Territorial
districts, or of the District of Columbia, or of the States, respectively,
from which they are appointed: A n d p r o v i d e d f u r t h e r , That hereafter
cadets shall be entitled to rations, or commutation therefor, as hitherto
allowed under the act approved June 28, 1902, entitled “ An act making
appropriations for the support of the Military Academy for the fiscal
year ending June 30, 1903, and for other purposes.”
P ro vid ed

The amendment was agreed to.
Mr. BACON. I want to offer an amendment, but I desire
to find out first tbe point in the bill at which it is to be offered,
because, as the Senator knows, we have no printed copies of the
bill as proposed to be amended. I was about to ask the Chair
to state the line where the last amendment which has been
acted upon was offered.
Mr. SCOTT. I will ask the Senator from Georgia to allow
the bill to be read through, and I will accept his suggestion
after the bill has been read for committee amendments.
The VICE-PRESIDENT. Does the Senator from Georgia
desire to offer an amendment?
Mr. BACON. I withdraw it on the suggestion of the Senator
from West Virginia and will wait until the committee amend­
ments shall have been acted upon.
The reading of the bill was resumed. The next amendment
of the Committee on Military Affairs was, on page 3, line 2, to
increase the total appropriation for the permanent establish­
ment from $331,800 to $391,SO ,
O
The amendment was agreed to.
The next amendment was, on page 3, line 13, to increase the
appropriation for pay of one professor of ordnance and science
of gimnery from $1,000 to $1,100 .
The amendment was agreed to.
The next amendment was, on page 3, after line 13, to strike
out:

For pay of one line officer, on duty in quartermaster's department at
academy, in addition to pay as first lieutenant, $400.

The amendment was agreed to.
The next amendment was, on page 5, line 9, to increase the
total appropriation for extra pay of officers of Army on de­
tached service at Military Academy from $31,000 to $34,600.
The amendment was agreed to.
The next amendment was, on page 5, line 17, before the word
“ dollars,” to strike out “ forty ” and insert “ forty-five,” and
in line 19, before the word “ dollars,” to strike out “ five thou­
sand seven hundred and sixty ” and insert “ six thousand four
hundred and eighty,” so as to make the clause read:
Twelve enlisted musicians, at $45 per month, $6,480.

The amendment was agreed to.
The next amendment was, on page 5, line 20, before the word
“ dollars,” to strike out “ thirty-six” and insert “ forty,” and
in line 22 , before the word “ dollars,” to strike out “ one hun­
dred and eighty-four” and insert “ seven hundred and sixty,"
so as to make the clause read:
Twelve enlisted musicians, at $40 per month, $5,760.

The amendment was agreed to.
The next amendment was, on page 5, line 23, before the word
“ dollars,” to strike out “ twenty-four” and insert “ thirty,” and
in line 25, before the word “ dollars,” to strike out “ four thou­
sand six hundred and eight” and insert “ five thousand seven
hundred and sixty,” so as to make the clause read:
Sixteen enlisted musicians, at $30 per month, $5,760.

The amendment was agreed to.
The next amendment was, on page 6 , line 8 , after the word
“ sergeant,” to strike out “ with pay of first-class musicians,” so
as to make the clause read:
For pay of field musicians: One sergeant, $600.

The amendment was agreed to.
The next amendment was, on page 6 , after line 19, to insert:
Hereafter the monthly pay during the first enlistment of enlisted
men of the band and field musicians of the United States Military
Academy shall be as hereinbefore stated, and the continuous-service
pay of ail grades shall be the same as provided in the act approve"
May 11, 1908, entitled “An act making appropriation for the support
the Army for the fiscal year ending June 30. 1900:” P r o v i d e d , Tna*
the band or members thereof and the field musicians of the MiliWy.
Academy shall not receive remuneration for furnishing music outsm
the limits of the military reservation when the furnishing of sue
music places them in competition with local civilian musicians.

The amendment was agreed to.
The next amendment was, on page 7, line 17, to increase th
appropriation for additional pay for length of service from
$14,784 to $17,172.
The amendment was agreed to.
*
The next amendment was, on page 8 , line 9, before the wor
“ corporals,” to strike out “ six ” and insert “ eight,” and in >
}
10 , before the word “ dollars,” to strike out “ one thousand n
hundred and twelve” and insert “ two thousand and sixtee <
so as to make the clause read:
Eight corporals, $2,016.

The amendment was agreed to.
The next amendment was, on page 8 , line 16, before the w _
“ privates,” to strike out “ Seventy-nine ” and insert “ Seven •.
seven,” and in line 18, before the word “ dollars,” to striRe __
“ fourteen thousand two hundred and twenty ” and insert
^
teen thousand eight hundred aud sixty,” so as to make
“ That the Secretary of War may detail an officer of the Medical clause read:

Corps of the Army to the Military Academy as professor to teach mili­
tary hygiene.” Provided such officer receives no extra compensation
therefor.

Seventy-seven privates (cavalry), $13,860.

The amendment was agreed to.
s or(j
The next amendment was, on page 8 , line 20, before tim
a
And insert:
t0
For pay of one professor of military hygiene (lieutenant-colonel), In “ dollars,” to strike out “ four thousand five hundred
insert “ five thousand three (hundred aud sixty-four,” so
addition to pay as major, $500.
make the clause read:
The amendment was agreed to.
Additional pay for length of service, $5,364.
The next amendment was, on page 4, after line 3, to insert:
For pay of one professor of English and history, to be selected and
The amendment was agreed to.
. c the
appointed by the Secretary of War, and to be on the same basis of
The next amendment was, on page 13, in line 2 , pel
rank, pay, and allowances as the other professors of the Military
word “ cents,” to strike out “ fifty” and Insert “ ttun)
ollt
Academy, $3,500.
and in the same line, after the word “ and, to s 1 ^ygn
The amendment was agreed to.
The next amendment was, on page 4, in line 10, before the “ eighty-two dollars and fifty cents” and insert *
^
word “ artillery,” to strike out “ cavalry,” and in line 11, before dollars and seventy-five cents,” so as to make the clause
For extra pay of one first sergeant (artilleryman), at 3o c
the word “ engineering,” to insert “ military,” so as to make
day, $127.75.
the clause read:
The amendment was agreed to.
.
the
For pay of four senior assistant Instructors of artillery and Infantry
The next amendment was, on page 13, line 14, heter® „ ^ in
tactics and ordnance and gunnery and practical military engineering
(captains), in addition to pay as first lieutenants, $1,600.
“ cents,” to strike out “ fifty” and insert “ thlrty-n'( » " 4 * 0
e
the same line, after the word “ aud,” to strike out e b
The amendment was agreed to.

1908.

CONGRESSIONAL RECORD— SENATE.

6733

tion. Any project that tends in a measure to annul or reverse the Downings Methodist Episcopal Church South, of Oak Hall, Va. (S.
orders of Congress, as expressed in the various river and harbor acts 1996) ; the heirs of John H. Rixey, deceased (S. 2006) ; heirs of Jesse
appropriating funds for improving the harbors and channels connecting Hollis, deceased (S. 2118) ; heirs of Hiram Howell, deceased (S. 2119) ;
with the Great Lakes, should meet the disfavor of the Department un­ heirs of Evelina V. Busby, deceased (S. 2133) ; Methodist Episcopal
less it has been sanctioned by that body. In my judgment such a Church of Moscow, Tenn. (8. 2141) ; Mrs. Corrinne Lawrence (S.
project is the one under consideration, and for this reason I am un­ 2319); J. Bloomstein, administrator of the estate of Jacob Bloomstein
.
willing to recommend favorable action thereon, assuming that the De­ (S. 2322); heirs of W H. Padrick, deceased <S. 2331); estate of
.
partment is empowered to take such action as is held by the Judge- Adonis Petit, deceased (S. 2363) ; Joseph W McCall (S. 2373) ; trustees
of the Cross Roads Baptist Church, of Paulding County, Ga. (S. 2508) ;
Advocate-General."
trustees of Mount Moriah Baptist Church, of Paulding County, Ga. (S.
Secretary Taft, in his finding of March 14, said, in part:
“ Unless the Chief of Engineers shall recommend the granting of the 2509) ; trustees of Potomac Lodge No. 38, Independent Order of Odd
permit, the Secretary of War is without power to give the requested Fellows, of Alexandria, Va. (S. 2512) ; trustees of Hanover Baptist
authority ; but I may say this much, that the application is to be Church, of King George County, Va. (S. 2513) ; trustees of the Meth­
made the basis for the withdrawal of a large amount of water from odist Episcopal Church South, of Fairfax Court House, Va. (S. 2514);
Lake Michigan, and that all interested in the enormous lake tramc the heirs of Alexander Poland, deceased (S. 2515) ; William Coker (S.
2560) ; trustees of St. Lawrence Roman Catholic Church, of New Ham­
view the settlement of the question with grave apprehension.
o.
“Added to this is the international complication which Is likely to burg, M (S. 2567) ; heirs of Joseph V. Connerat, deceased (S. 2612) ;
. .
arise in the threatened lowering of the lake levels In Die ports and heirs of W M Gamel, deceased (S. 2630) ; Jane P. Moore (S. 2687) ;
rs.
.
harbors and canals of Canada. On the other hand, it is maintained heirs of James D. Davis (S. 2692) ; M Sarah C Jones and Mrs.
Lucy F. Tyler (S. 2805) ; estate of Susan Richards, deceased (S. 2819) ;
jritli great emphasis and elaboration of detail that the change in the
Calumet River is essential to the healthful sanitation of Chicago, and trustees of the Methodist Episcopal Church South, of Annandale, Va.
that the threatened injury to navigation is so small aa to he negli­ (S. 2854) ; Medical College of Alabama, at Mobile, Ala. (S. 2902) ; es­
tate of Raphael Segura, deceased (S. 1888) ; estates of Benjamin S.
gible.
rs.
“ Between two such great Interests the decision must be effected Story, Norman Story, and Sidney Story (S. 3029); M Abigail A.
more or less by large public policy and expediency, and while I agree Stover or her legal representatives (S. 3092) ; trustees of the Baptist
in the construction of the Juage-Advocate-General that the issue is left ' Church of Bowling Green, Ky. (S. 8171) ; Mingo Peters (S. 3173) ;
ny statute to the recommendation of the Chief of Engineers and the ! estate of Sybil A. Penniman (S. 3206) ; James N. Bowies (S. 3314);
concurrent decision of the Secretary of W it may be fortunate that ; estate of Mason Pilcher, deceased (S. 3399) ; John Thompson (S.
ar,
circumstances now require submission of this question of capital and : 8419) ; Martin Jeffries (S. 3659) ; James Brice (S. 3663) ; James and
i William Crooks (S. 3717) ; heirs of Aaron Wilbur, deceased S. 3729) ;
national importance to the Congress of the United States.”
the representatives of the Chicago sanitary district will not relin­ St. Stephen’s Lutheran Church, of Shenandoah County, Va. (S. 3797 ;
quish their efforts toward securing favorable action at the hands of ; vestry of St. Paul's Episcopal Church, of Alexandria, \a. (S. 3802) ;
j^ongress, and it therefore becomes the duty of the lake interests to i legal representatives of David Hamiter,^deceased (S. 3840) ; Seaboard
W
ktfc alert t0
situation and maintain the rights of navigation
"mch tinder the circumstances are primary and leading.
T Tiew °* tlie foregoing facts and estimates herein mentioned, which heirs of John Nutt, deceased (S. 4018) ; Ben Mahuren (S. 4019) ;
in
I~ e been secured from unbiased expert authorities, we are prompted
“V
I W S. Jennings (S. 4020) ; heirs of Robert M Ely, deceased (S. 4037) ;
.
.
submit the following preamble and resolutions:
! heirs at law of E. L. Shuford, deceased (S. 4076) ; Pierre A. Giamarchi
PREAMBLE] AND RESOLUTIONS.
(S. 4156) ; Thomas C Payan (S. 4157) ; Gean Charles Harispe (S.
.
in i'' 1
icreas the present navigable depth of the various rivers which flow | 4158) ; estate of John T. Henderson, deceased (S. 4255) ; John S.
toon
Michigan and the docks and wharves connected with them, as Mann and heirs and estate of Lewis W Mann, deceased (S. 4327) ;
.
rnpA as the harbor entrances, are based upon past lake levels and to ‘ James Henry and Porter Henry (S. 4362); Jefferson Phillips (S
,
3,
\vi tae necessities of modern lake trafBc; and
i 4363) ; estate of Sylvia Cannon, deceased (S. 4364) ; heirs of E. S.
tom lIereas any material lowering of the lake levels will result in un- Leggett, deceased (S. 4393) ; heirs of Laura E. Wilkinson, deceased
on ti an}age to tlie harbor entrances of and to the dockage and wharves (S. 4412) ; M Frances W EobiDson (S. 4413) ; James Finnegan and
rs.
.
noV GrIvers leading into Lake Michigan and In reducing vastly the ton- j the heirs of Thomas Nesdall, deceased (S. 4431) ; deacons of the Miso
t» caPaclty of the lake fleet: Therefore be it
G
i sionary Baptist Church at Franklin, Tenn. (S. 4460) ; trustees of the
L a i : T ° lve(ii That vve deem the preservation of the levels of the Great
Christian Church of Warsaw, M (S. 4474) ; William F. McKimmy,
o.
C_ as imperative; that we oppose strenuously the project of ia- I administrator of John McKimmy, deceased (S. 4492) ; trustees of Roper
p“r?
Brnin ^ *5? diversion of water from Lake Michigan into the Chicago Church, of New Kent County, Va. (S. 4498); the estate of Robert H.
and
Canal beyond the 4,167 cubic feet per second now granted, Love, deceased (S. 4500) ; William Lewis Levaw (8. 4516) ; Methodist
lake i i n our Judgment any material and permanent lowering of our Episcopal Church of Corinth, Miss. (S. 4560) ; trustees of Cumberland
anv
would prove an economic loss which is not compensated by Presbyterian Church, of Corinth, Miss. (8. 4561) ; trustees of the Bap­
And k it P ade or advantages derived elsewhere through such changes*: tist Church, of Corinth. Miss. (S. 4562) ; trustees of Asbury School, ClayAna be .? further
| ton County, Ga. (S. 4590) ; Asbury Methodist Episcopal Church South,
nmwf „
That tlje substance of this report, together with the pre- of Clayton
Ga. (S.
; Richard T.
and ™ v resolutions, be sent to the Secretary of War, the chairman Thomas N. County, deceased 4593)4630) ; rector, Gott, administrator of
Gott,
(S.
and Fibers of the Congressional Committee on Rivers and Harbors, ; of St. Paul's Protestant Episcopal Church, wardens, and vestry
Sharpsburg-Autietam
io the Wisconsin Representatives in the National Congress,
| parish, Washington County, M (8. 4631) ; heirs of Harmon Snyder
d.
respectfully submitted.
(S. 4706); Union Church, of Woodsonville. Ky. (S. 4718) ; trustees of
0 . F. B ir d , C h a ir m a n ,
the Presbyterian Church of Glasgow, M (S. 4730) ; Union University
o.
L. J. P e t i t ,
(S. 4764) ; trustees of Mount Olivet Methodist Episcopal Church South,
F r a n k L. V a n c e ,
at Nolensville. Tenn. (S. 4765) ; executors of the will of Curtis Burr Gra­
F rank W . S m it h ,
ham, deceased (S. 4784) ; Thomas N. Arnold, (S. 4860) ; George Tay­
C arl J o y s ,
lor, administrator of the estate of Elizabeth Taylor, deceased (8. 4867);
_
S p ec ia l C o m m itte e on D e e p W a t e r w a y s .
trustees of Macedonia Methodist Episcopal Church South, of Frederick
i Countv, Va <S. 4882); trustees of the Methodist Episcopal Church
[ s e a l .]
b , C W a l l , President.
.
‘ South, of Platte City/ M (S. 4905); Henry A Tolbert (S 4912) ;
o.
W. J, L angson .
! estate of Charles Goody (S. 5015) ; trustees of London graded school
No 1 of London, Ky. (S. 5056) ; board of deacons of the Baptist
DEPORT OF A COMMITTEE.
Church of Ntcholasville, Ky. (S. 5057) ; Elizabeth H. Rice (S. 5084) ;
. *Ir. DILLINGHAM, from the Committee on the District of Co- Frances Schneblev, administratrix of Jacob Schnebley (S. 5089) ;
jpmbia, to whom was referred the bill (S. 6055) to amend sec- James Phillips and certain other naval officers and their heirs or legal
5090) ; John Mullin (S. 5135) ; estate of
P 0n 691 of snbehapter 7, building associations, of the Code of ] representatives (S. F. V. Lesieur (S. 5251) ; Protestant OrphanJames S.
\viieon (S. 5208) ;
Asylum,
for the District of Columbia, reported it with amendments. nt Natchez. In the State of Mississippi (S. 5298) ; Presbyterian Church
of Bunker Hill, W Va. (S. 5324) ; heirs of John M Fleming (S. 53281 ;
.
.
r e f e r e n c e o f c l a im s to c o u r t o f c l a im s .
Cumberland Presbyterian Church, of Granville, Tenn. (S. 5336) ; Meth­
tor. FULTON, from the Committee on Claims, reported the odist Episcopal Chnrch South, of Raywick, Ky. (S. 5350) ; mayor and
d. (S.
; heirs and estate of William
following resolution, which was considered by unanimous con- city council of Baltimore, M heirs 5362)estate of Andrew J. Peacock,
Wann, deceased (S. 5378) ;
and
hdd agreed t o :
deceased (S. 5379) ; George P. Plowman (S. 5380) ; heirs and estate of
Alfred Hambriek, deceased (S. 5382) ; heirs or estate of Alexander F.
c J , t€* ? l v e d ’ That the claims of the trustees of the Methodist Episcopal
ifii\rck, South, of Glenville, W Va. (S. 164); M Sarah Miller (S. Perryman, deceased (S. 5383); estate of Isaac Winston, deceased (S.
.
rs.
5385) ; C. H. and W M Cramp (S. 5401) ; county of Laclede, State of
. .
re,, ; heirs of C. H. Foy (S. 255) ; heirs of Joseph A. Brunson, deMissouri (S. 5409) ; county of Greene, State of Missouri (S. o410 ;
, ed (8. 329) ; heirs and estate of John F. Bryan, deceased (S.
Zion African Methodist Episcopal Church, of Beaufort, N. C. (8. o420 ,
rlio* G^elr8 and estate of William Bayliss, deceased (S. 375) ; MetboGrace Protestant Episcopal Church, of Plymouth,
C._ .(S..
r Fpiscopai Church of Cornitli, Miss. (S. 379) ; the estate of Asa R. heirs and estate of Marcus M Massengale, deceasedN.(S. o450) 5421) ;
.
. heirs
eoil. 1
1
;
a0*n4— i®' 339) * uuuo uuu c a i uui oiul _ Dean, deceased (S. 381) _ I and estates of Enoch R. and Louisa J. Kennedy, deceased (S. o458) ;
v/ ; heirs and estate of Sidney
j
9);
fW te ° S N. T. Power, deceased (S. 489) ; estate of Dr. Alfred Martin,
*® »ed eg, 4 Q ) ; trustees of the First Cumberland Presbyterian ■heirs and estate of Joseph Logan, deceased (S. 5469) , Christian Church
* ce®
0
-nurch of Nashville, Tenn. (S. 498) ; Myron Powers (S. 571) ; the Corn 1 0f Suffolk, Va. (S. 5479) ; Methodist Episcopal Church South, of Onan<S. 5481)
(S. 609)
k<'hildD Nntlonal Bank, of Philadelphia, Pa. (S.^ 669) ; George F, I cock Va (S 5480) ; Richard8,Cole (8. 5485). ; board of trustees of the
fg ~a-'lon-1
.
«crnid (8. 7osj ; Jesse Chilton (S. 741) ; the heirs of Robert A. Brown, public schools of Darlington, C
Le^al representatives of Anthony W Cannon, deceased (S. 5490) ;
.
____ .
___
deceased (S. 742) ; estate of John M Armstrong, deceased (S. 747) ;
__
.
heirs of John Ament,”deceased (S. 814)"; Caroline F. Eddy (S. 816); trustees of the Presbyterian Church of Sbeplierdstown, W Va. (S
5501) * Methodist Episcopal Church South, of Muses Bottom, W Va.
.
H“ estate of David B. Tennant, deceased (S. 1038) ; M Karl F.
e
rs.
S
<§• 1166) : estate of William Franklin, deceased (S. 1190) ; M
rs. C 5502) ; owners of the tug Juno (S. 5510) ; trustees of Christ
juattie Stewart Glover and Miss Katherine Stewart Ruse, the heirs at I Evangelical Lutheran Church, of Gettysburg, Pa. (S. 5511) ; trustees
and only legal representatives of the late William Stewart, of I of the Baptist Church of Tateville, Ky. I S.5518) ; estate of Mrs.
.
Mobile, Ala. fS. 1233) ; trustees of the Oak Grove Methodist Church Melissa Gatbrlght, deceased (S. 5521) ; W R. Hall (S. 5522) ; Joseph
I m Padgett and others (8. 5528) ; Methodist Episcopal Church South,
of Lebanon, Ky, (S. 5543); Ascension Protestant Episcopal Church,
of Mount Sterling, Ky. ( S . 5544) ; estate of M Prudence Hensley,
rs.
deceased (S. 5546) : administrator of T. .T Pritchett, deceased (S
.
5547) ; estate of Julia E. Rightor (S. 5549) ; board of education of
~ ^» personal ropreu
_
i ””7»I heirs of Lydia A Hockensmlth, deceased (8. 1659); estate of Gallipolis, Ohio (S. 5559) ; trustees of the Lutheran Church of the
Geaslen, deceased IS. 1660) ; legal heirs of John Goldsworthy Ascension, of Savannah. Ga. (S. 5583) ; legal representatives of T L
alker, deceased (S. 5633) ; county of Bradley. State of Tennessee
1(,65) ; legal representatives of Samuel E. Bratton (S. 1630) ; Pierre W
:S
.
i; ear* (8. 1839) ; J. B. Cheppert (S. 1844) ; F. Heno Mollere (S. < . 5661) ; James M Willbur (S. 5715) ; Carlos Manjarrez (S. 5728) •
if? 1): heirs and estate of Francois V. Breaux, deceased (S. 19 < ; legal representatives of Joseph White, deceased (S. 5730) ; Charles
2)
iner (S. 5754) ; Frank H. Church, administrator of the estate
■
‘urs, Lucy Moore and heirs of Joseph Moore, deceased (S. 1875); A. M







6734

CONGRESSIONAL RECORD— SENATE.

Mat 22,

of Cornelius Clay Cox (S. 5783) ; F . Polkinghorne, Jr., of his heirs together with all accompanying papers, he, and the same are hereby,
T
or legal representatives (S. 5793) ; Mrs. Carrie W Brown (S. 5804) ; referred to the Court of Claims, in pursuance of the provisions of an
.
St. Augustine’s Roman Catholic Church, of Williamsport, M (S. act entitled “An,act to provide for the bringing of suits against the
d.
5825) ; late firm of Martin, Weakley & Co. (S. 5832) ; Olive P. Tib- Government of the United States,” approved March 3, 1887, and com­
bitts (S. 5836) ; estate of W G Chesher, deceased (8. 5904) ; estate monly known as the “ Tucker Act.” And the said court shall proceed
. .
of Samuel E. Bratton, deceased tS. 5907) ; estate of William Hugley, with the same in accordance with the provisions of such act, and report
deceased (S. 5914) ; estate of Vicente Cantua, deceased (S. 5924) ; to the Senate in accordance therewith. And if any testimony shall
heirs of John Millbourn, deceased (S. 5941) ; estate of Lewis D. Cren­ have been heretofore taken before said court, either in support of or
shaw, deceased (S. 5946) ; John H. Van Pelt (S. 6031) ; heirs or the against any of said claims, the court is authorized to consider the same
legal representatives of the estate of Samuel B. Sparkman (S. 6078) ; at the hearing of such claim pursuant to this reference.
African Methodist Episcopal Church of Bowling Green, Ky. (S. 6082) ;
omnibus public buildings bill.
Presbyterian Church of the United States of America of Fayetteville,
Tenn., formerly known as the Cumberland Presbyterian Ghurch of
The VICE-PRESIDENT laid before the Senate the action of
Fayetteville, Tenn. (S. 6112) ; William S. Baude and others (S. 6144) ;
Annie Potts, administratrix of the estate of W B. Pannell (S. 6201) 1 the House of Representatives, disagreeing to the amendments
.
heirs of D. W Bell, deceased (S. 6241) ; Catholic Church in Wash­ of the Senate to the bill (H. R. 21897) to increase the limit of
.
ington, N. C (S. 6253) ; State or North Carolina in trust for the cost of certain public buildings, to authorize the enlargement,
.
claimants thereto the cotton tax collected from citizens of that State
(S. 6261) ; Robert Shakespeare (S. 6295) ; Methodist Episcopal Church extension, remodeling, or improvement of certain public build­
South of Campbellsville, Taylor County, Ky, (S. 6314) : Nicholas C ings, to authorize the erection and completion of public build­
.
Pettit (S. 6357) ; Laura A. Hill (S. 6381) ; heirs of Thomas Bean, ings, to authorize the purchase of sites for public buildings, and
deceased (S. 6387) ; legal representatives of Robert Mitchell, deceased
(S. 6426) ; Freeman brothers (S. 6446) ; heirs of John Birkett, deceased for other purposes, and requesting a conference with the Senate
(S. 6450) ; State Street African Baptist Church, of Bowling Green, on the disagreeing votes of the two Houses thereon.
Ky. (S. 6454) ; Adam K Baylor and certain other naval officers and
.
Mr. SCOTT. I move that the Senate insist on its amend­
their heirs or legal representatives (S. 6498).
Heirs of Hugh Rodgers (S. 6526) ; estate of H. H. Watters, deceased ments and agree to the conference asked by the House, and that
(S. 6531) ; estate of Josiah W
renn, deceased (S. 6538) ; heirs and legal the Chair appoint the conferees on the part of the Senate.
representatives of John P. Maxwell and Hugh H, Maxwell, deceased
The motion was agreed to; and the Vice-President appointed
(S. 6565); William H Townsend (S. 6574); M M Travler (S.
.
rs. ary
r.
6578) ; Putnam County, in the State of Tennessee fS. 6591) ; heirs of -M Scott, Mr. Warken, and Mr. Culberson as the conferees on
Samuel R. Garner, deceased (S. 6609) ; Lutheran Church of the Ascen­ the part of the Senate.
sion of Savannah, Ga, (S. 6638) ; John C De Lany (S. 6654) ; heirs of
.
BILLS INTRODUCED.
W D. McDowall, deceased (S. 6672) ; estate of Francis McLelland,
.
deceased (S. 6674) ; Medical College of Georgia at Augusta, G (S.
a.
Mr. OWEN introduced a bill (S. 7208) providing for a modern A
6684) ; F. H. Lane (S. 6694) ; John W Knight and others (S. 6702) ;
.
heirs of William Dillon, deceased (S. 6709) ; Gilbert L. Dupre, adminis-ii system whereby the voters of the United States may instruct \
trator of the estate of Cyprian Dupre, deceased, and others (S. 6714) their national representatives, which was read twice by its J
heirs or estate of James W
ard, deceased (S. 6727) ; heirs of J. PA
McGaha. deceased (S. 6748) ; heirs of John Seymour, deceased (S. l title and referred to the Committee on Privileges and Elections—'
Mr. NELSON (for Mr. Kittredge) introduced a bill (S. 7209)
6749) ; heirs of Lemuel Hannah, deceased (S. 6750) ; Samuel H. Yar­
brough and the estate of John Jones, deceased (S. 6751) ; heirs of for the relief of Rasmus F. Hafsos, which was read twice by its
Andrew C Legg, deceased (S. 6752) ; heirs or estate of Henry Cohen, title and, with the accompanying papers, referred to the Com­
.
deceased (S. 6808) ; Hosmer. Crampton & Hammond and others (S. mittee on Indian Affairs,
6815) ; W J. Goodwin (S. 6821) ; heirs of George S. Simon (S. 6822) ;
.
estate of Peter Barentine (S. 6862) ; Methodist Episcopal Church
Mr. HOPKINS introduced a bill (S. 7210) to authorize an
South in Washington, N. C IS. 6879) ; Presbyterian Church in Wash­ exchange of the present site of the light-house at the mouth of
.
ington, N. C (S. 6880) ; public school directors of the First school
.
district of Franklin County, Tenn. (S. 6893) ; Cumberland Presby­ the Kalamazoo River, in Michigan, for a new site therefor on the
terian Church, of Chattanooga, Tenn. (S. 6894) ; St. Paul’s Protestant new channel, now’ being the outlet of said river into Lake
Episcopal Church of Chattanooga, Tenn. (S. 6895) ; John I. Conroy Michigan, which w’as read twice by its title and referred to the
and others (S. 6903); estate of Zachariab Claggett (S. 6906) ; St.
John’s College, of Annapolis, M (S. 6907) ; estate of R W Isaac Committee on Commerce.
d.
. .
(S. 6908) ; Newton C Adams and others (S. 6914) ; Simeon C Aldrich
.
.
He also introduced a bill (S. 7211) granting an increase of
and others (S. 6915) ; Elisha Stogsdill (S. 6920) ; William Moseley, pension to John H. Hamlin, which was read twice by its title
administrator of Temperance Moseley fS. 6921) ; heirs at law and legal
representatives of Asahel Bliss (S. 6940) ; estate of Richard Pember- and, with the accompanying papers, referred to the Committee
tpn, deceased (S. 6948) ; trustees of the Tennessee Deaf and Dumb on Pensions.
School, of Knoxville, Tenn. IS. 6967) ; estate of Lewis Ransom Clark,
Mr. CLAPP introduced a bill (S. 7212) granting a pension to
deceased (S. 6969) ; Faxon, Horton & Gallagher and others (S. 6997) ;
Sophie M Guard (S. 6998) ; Masonic Hall Company of Atlanta, G Adelbert Gardner, which was read twice b y its title and r e f e r r e d
.
a.
fS. 7000) ; infant heirs of William Francis Gill, deceased (S. 7001) ; to the Committee on Pensions.
University of South Carolina (S. 7008) ; Lucy A. Monroe (S. 7003) ;
Mr. GORE introduced a bill (S. 7213) to provide for the reim­
Marietta Baptist Church, of Marietta, G (S. 7010) ; George D. Acker
a.
and others (S. 7013) ; Shreve Ackley and others (S. 7014) ; vestry of bursement of William F. Gilluly for actual expenses in c u r r e d
Trinity Protestant Episcopal Church, of Van Buren, Ark. (S. 70i5) ; by him as a United States commissioner of the northern district
State Street African Baptist Church, of Bowling Green, Ky. (S. 7029) ; of the Indian Territory while absent from bis official headquar­
legal representatives of W B. Long, deceased ,)S. 7041).
.
Trustees of the Olive Branch Christian Church of James City County, ters on official business, which was read twice by its title and,
Va. (S. 7088) ; estate of Riley Wetherington, deceased (8. 7093) ; with the accompanying papers, referred to the Committee cm
heirs or estate of Dr. Ira G W
. ood, deceased (S. 7104) ; estate of James
W Mardis (S. 7121) ; Nathan F. Amee and others (S. 7122) ; Samuel Claims.
.
Mr. BAILEY (by request) introduced a bill (S. 7214) for the
T. G Morsell (S. 7125) ; heirs and legal representatives of Thomas F.
.
Norton, deceased (S. 7129) ; James W Brown and others <S. 7137) ; relief of the heirs or estate of William B. Miller, deceased, which
.
inyah Lodge No. 40, Ancient Free and Accepted Masoxs, of South ’as
Carolina (S. 7138) ; estate of Calvin Tilley (S. 7148) ; widow and w read twice by its title and. with the accompanying papers,
family of Marcus P. Norton and the heirs at law of others (S 7153) ; referred to the Committee on Claims.
Hilaire Raymond (S. 7157) ; trustees of the Methodist Episcopal Church
Mr. LA FOLLETTE introduced a bill (S. 7215) granting a
South of Pungoteague, Va. (S. 7167) ; trustees of the Baptist Church pension to Harriet L. Curtis, which was read twice by its title
°?,,nari wood- ' a- < D68) ; Tennessee School for the Blind at NashsviHe, Tenn. (S. 7170) ; Davis & Roper & Co. (S. 7182) ; Adam L and, w’ith an accompanying paper, referred to th e C o m m ittee on
.
Eichelberger (S. <193); the heirs of Jenkins & Havens (S. 7109)the estate of Alfred L Shotwell (S. 7203) ; estate of Nathan A. Davis P ensions.
.
Mr. PENROSE introduced a bill (S. 7216) for the relief of
(S. <204) ; certain persons who formerly held town lots in the city of
Sulphur, in the Chickasaw Nation, Ind. T„ etc. (S. 7206) ; Willoughbv Henry S. Hannis & Co. and others, which was read twice by RS
L. Wilson, administrator of the estate of Willoughby Wilson deceased title and referred to the Committee on Claims.
(S. 7205) and the refunding of certain moneys (S, 7207) ; now pend­
Mr. FORAKER introduced a bill (S. 7217) granting a pension
ing in the Senate, together with all the accompanying papers, be, and
the same are hereby, referred to the Court of Claims, in pursuance of to Maggie J. Carman, which was read twice by its title aud,
the provisions of an act entitled “An act to provide for the bringing with the accompanying paper, referred to the* C o m m ittee on
of suits against the Government of the United States,” approved M
arch
3, 1887, and commonly known as the “ Tucker Act.” And the said Pensions.
Mr. OWEN introduced a joint resolution (S. R. 94) inviting
court shall proceed with the same in accordance with the provisions of
such act, and report to the Senate in acordance therewith.
the cooperation of the States in the establishment of a na­
Mr. FULTON. From the Committee on Claims I report al tional initiative and referendum, which was read twice by its
resolution, and I ask for its adoption. I will explain that it is title and referred to the Committee on Privileges and E l c C y
—
simply a rereference of a number of bills heretofore referred, tions.
ANACOSTIA FLATS.
but which were not in proper form to be considered by the V
Court of Claims and were reintroduced in proper form. The
Mr. GALLINGER.
I have been furnished with a copy
resolution provides for a rereference of them.
the report of the committee of the Anacostia Citizens’ A sso c ia ­
The resolution was read, considered by unanimous consent, tion on the Anacostia Flats, with the request that it be
and agreed to, as follows:
lished as a document. I therefore move that it be printed
a Senate document.
i e £ ? ol? ed’ TM the claims of the State of Oregon (S. 2951); the
refiresentatlves of the late Charles Green, of Connecticut (S.
The motion was agreed to.
hv ViL’ Tflue^
T
®
chilllng (S. 5266); certain owners of cotton taken
THE UNITED STATES NAVY.
States military authorities in Adams County, M iss., in
U iogal representatives of the estate of Henry S. Shibley,
Mr. HALE. I present certain papers relative to allegf®
5?42) : the* e?tate of E m l ] y R- Hathorn, deceased (S. structural defects in battle ships. I move that the papers b*
th e^ v lia tl^ M /T !sen*
tfiflvi s of John *’• Lamar, deceased (S. 6449);
ward w v l f i . / ustel,l deceased (S. 6949), and the estate of Ed- printed as a document.

W Munday, deceased (S. 6950), now pending in the Senate,
.

The motion was agreed to.

*

CONGRESSIONAL RECORD— SENATE.

1908.

(5 7 5 3

Mr. FORAKER. I have not yielded the floor.
ators and everyone else may very well differ. The Senator
Mr. OWEN. The Senator from Ohio announced to the Senate
might, for instance, imply something that suited his convenience
that he bad finished his remarks, and took his seat.
to which all the rest of us would not agree.
Mr. FORAKER. The Senator is mistaken about that. I an­
Mr. CARTER. Mr. President, the Senator has sought to be­
little the contention because the prohibition was expressed, and nounced that I was pretty nearly out of the humor of making a
snporft r want to ask for a vote on this s u [ b e f o r e I
presumably he wouldJfct^ejh'eferred it to be implied.
Mr. B E V E R ID G E ^ /feT resid en t-—- - 7
ii^-^til^S^T^tor procee?
Mr. SUTHERL^ffvEj
this
The VICE-FtfESIDENT. The Chair did not understand the
ton. It continue;
Congress is forbidden to lay any tax or duty on articles exported Senator-froin Ohio to yield the floor. He yhMed only for a

from any State, and wkUe that:has bpeij jellied to exports to a for
M
-M
Cappl
mtersU«^/^p^0dTTi3iS?r*xye61rH ongTess'l^To: Iden fo give pr
*pf1
|bce, by any regulation of conymerce or revenue to the ports of
and excises m
u.
otate over those of another; and duties, im
poj
uniform throughout the United States.
7 *
nd im_ The caJrafc^P ?;ie>! SJMe spoilJrf e n tiU 4i to,
__
_______ _____________HP _his^cTause *of the second
^unities
potion of Article T was taken from the fourth article of confederaV
non, which provided that “ the free inhabitants of each of these
otutes * * * ghaii be entitled to all privileges and immunities of
tree citizens in the several States; and the people of each State shall
nave free ingress and egress to and from any other State, and shall
I'njoy therein all the privileges of trade and commerce,” while other
Pnrts of the same article were also brought forward in Article IV of the
Constitution.
The Chief Justice proceeds, and then concludes upon that

subject:
f Thus it is seen that the right of passage of persons and property
dr» one State to another can not be prohibited by Congress. But that
cln i nP* challenge the legislative power of a sovereign nation to exnot forelK persons or commodities or place an embargo, perhaps
n
1 Permanent, upon foreign ships or manufactures.
Congress has the power, and it has exercised the power, t
Prohibit the importation of Chinese coolies from China. Wonli
uo Senator from Indiana therefore argue that Congress ha
JJe power to prohibit the transportation of a class of person
one State to another? It seems to me that, in addition to'
yG’mg some attention to the identity of language in this cong A:Vtional provision, we should pay some attention to the
enoJeCt matter' The language of the Constitution with refer? to interstate and foreign commerce is identical, but the
'Jert-matter is altogether different. We are dealing with two
«*«erent things.
erent h . w
,™
tlie Senator will permit me, I will put
fu? iiiuatration to him; Suppose I should say to the Senator
ert. 1 Indiana, “ You have the exclusive control over your prop1
rofl an<i your ch>idren.” The language would be the same with
that k 06 *°
would the Senator from Indiana say
hi«? nn cirtue of that language he had the same power over
W
, ,ren that he liad over his property? In the one case
hnvn+ud have the rISbt t0 sel1 1118 property, but he would not
tentt
ri(?ht to sell his children. So we have to pay some at^nguage° ^ sll,,’(!Ct~
mattGr as well as to the identity of the
I5EVERIDGP, I have the good fortune of being able to
vp,. v tho Senator by the language of the Supreme Court itself,
'er
_ saTs in the other quotation that I just read—and I will
suh,a^ U *
)Ur(l°n the Record with it—that it may apply fo any
‘ >ject which the Congress thinks the best interests of the nation require.
-Tr. President, the language is the same; the power is the
w > so completely that where the framers of the Constitution
o,
ce/tmake an exception they had to provide for that exexiRt 1 in exPress terms. Wherever those express provisions
kno • i
^l,i)renie Court knew it, and we are all supposed toj
Lav'' • The Senator from Montana and other Senators who
(v 0 raised those exceptions might just as well have read the
itself. Those exceptions were in the mind of the
firm V Vhen ^ sa'd that the power is the same. Those excepihtas “ave nothing whatever to do with prohibiting articles from
estate and foreign commerce.
Sen.0^ ’ ' Ir' President, I am not going to take the time of tb
qj. . or from Ohio any longer. When I asked him for his i>er
an«
wki°h he has so kindly and courteously given, t|
snn'Ver wkat the Senator from Rhode Island had said, I did nd*
iDfi jS° tkat 1 should be upon my feet three minutes, for/I
anT
wanted to present what the Supreme Court had saiu,
‘ ' ien
the Senator from Montana or any other Senate
can G wiEi the Supreme Court all they pleased. But there
to > a volley of Questions, which I have been fortunate enough
e
n lave been able to answer, not by my own reasoning or my
i a l i n a g e , but by the express language the Supreme Court
'-(‘ir has used for a hundred years. Now, I decline to take the
g a t o r ’s time further.
r CWEN. Mr. President----‘.,5'
the VICE-PRESIDENT. Does the Senator from Ohio yield
\V le ^uator from Oklahoma?
Mr, OWEN. Mr. President, I rose to address the Chair in
my own right.
XLII------123




Mon*___
Mr. FORAKER. I will yield the floor in a moment, I will
say to the Senator from Oklahoma.
Mr. CARTER. Mr. President, after all has been said, I un­
derstand the Senator from Indiana to now announce that the
things are the same with exceptions.
Mr. BEVERIDGE. I can tell, Mr. President, what the Sena­
tor from Montana understands. I do say, have always said,
and expect to be lucky enough to always continue to say, that
I will not assume to disagree with the Supreme Court or at­
tempt to explain away its meaning for the purposes of a par­
ticular case, in which the Senator from Montana is such a
master. I say what the Supreme Court has said; I stand upon
the doctrine which it lays down; and I let Senators who dis­
agree with those propositions wrestle with them as they may.
Mr. FORAKER. Mr. President, I ask the Senate if we can
not have a vote on the substitute I have offered. I see that the
Senator from Wisconsin [Mr. L a F ollette] is in the Chamber.
I do not know whether he has any objection to a vote being
taken on the substitute or n o t I understand he wants to speak
on the joint resolution.
Mr. LA FOLLETTE. I will ask the Senator to repeat his
statement.
Mr. FORAKER. I just stated that I saw the Senator from
Wisconsin was in the Chamber. I do not know whether or
not he would object to a vote being taken on the substitute I
hare offered. I know that the Senator wants to speak on the
resolution; at any rate he told me so this afternoon; and I,
of course, would not press for a vote on the substitute if he
had any objection, but I thought, now that we had had all this
debate in regard to the substitute, if there was no objection, I
should like to have a vote on it.
Mr. LA FOLLETTE. Mr. President, I have no objection to
a vote being taken on the substitute. I do not care to speak
on the substitute.
Mr. FORAKER. I should like to have a vote on the substi­
tute.
The VICE-PRESIDENT. The question is on the amendment
in the nature of a substitute proposed by the Senator from Ohio
[Mr. Foraker].
Mr. McLAUItlN. Let the proposed substitute be read.
/ The VICE-PRESIDENT. The amendment in the nature of
a substitute proposed by the Senator from Ohio w ill be read at
the request of the Senator from Mississippi.
The Secretary. It is proposed to strike out all after the re­
solving clause and insert:

That paragraph 5 of section 1 of the act to regulate commerce, ap­
proved February 4, 1887, as amended, be amended by adding thereto
the following: '“ P r o v i d e d , That the provisions of this paragraph shall
not applv to any article or commodity lawfully acquired and owned
prior t o ’the 29th day of June, 1900. by any railroad company under
and bv virtue of any statute, franchise, or charter lawfully issued or
granted by the United States or any State or Territory thereof, so
that said paragraph shall read: “ From and after May 1, 1.108, it
shall lie unlawful for any railroad company to transport trorn any
State, Territory, or the District of Columbia to any other State, Terntorv, or the District of Columbia, or to any foreign country, any article
or commodity, other than timber and the manufactured products
thereof, manufactured, mined, or produced by it or under its authority,
or which it may own in whole or in part, or in which it may have any
Interest direct or indirect, except such articles or commodities as may
be necessary and intended for its use in the conduct of its business
■ a common carrier: P r o v i d e d , That the provisions of this paragraph
is
all not apply to anv article or commodity lawfully acquired and
owned prior to the 29th clay of June, 1906, by any railroad company
under and by virtue of any statute, franchise, or charter lawfully
issued or granted by the United States or any State or Territory
thereof.”
The VICE-PRESIDENT. The question is on Agreeing to the
Amendment in the nature of a substitute, [rutting the ques­
tion.] By the sound, the “ noes” seem to have it.
Mr. FORAKER. I ask for the yeas and nays.
The yeas and nays were ordered.
Mr. HOPKINS. Mr. President, before the roll is called, I
ask that the substitute be again read.
The VICE-PRESIDENT. The Secretary will again read the
proposed substitute at the request of the Senator from Illinois.




6754

May 22 ,

CONGRESSIONAL RECORD— SENATE

Mr. SMITH of Michigan. Before that is done, I should like voted for a favorable report on the resolution of the Senator
from West Virginia, I assume that he would vote “ nay.”
to suggest an amendment in line 5. It now reads:
The result was announced—yeas 23, nays 32, as follows:
Provided, That the provisions of this paragraph shall not apply to
any article—
YEAS—23.
Smoot
Kean
Dick
And so forth. I should like to more to amend by striking out Aldrich
Stephenson
Knox
Foraker
the word “ shall ” and inserting the word “ are ” and adding the Ankeny
Stewart
Lodge
Gallinger
Brandegee
Sutherland
Penrose
Guggenheim
words “ intended to,” so that the paragraph will read:
Briggs

Provided, That the provisions of this paragraph are not intended to Burnham
apply to any article or commodity lawfully acquired and owned prior Crane
to the 29th day of June, 1906—
Allison
And so forth.
If the contention, Mr. President, of the Senator from Ohio is Bacon
Bailey
correct as to the legal rights, we do not want to recognize the Bankhead
Borah
fact that it could apply at all.
Brown
Mr. FORAKER. I have no objection to that amendment.
Burkett
The VICE-PRESIDENT. The Secretary will state the amend­ Carter

ment to the amendment.
The S e c r e t a r y . In the proposed substitute on page 1, line 5,
after the word “ paragraph,” it is proposed to strike out the
word “ sh all” and insert “ a re ;” and in the same line, after
the word “ not,” to insert the words “ intended to,” so as to
read:

Beveridge
Bourne
Bulkeley
Burrows
Clapp
Clark, Wyo,
Clarke, Ark.
P r o v i d e d , That the provisions of this paragraph are not intended to
apply to any article or commodity lawfully acquired and owned prior Culberson
Cullom
to the 29th day of June, 1906—
Daniel

And so forth.
The VICE-PRESIDENT. The question is on agreeing to the
amendment to the amendment.
The amendment to the amendment was agreed to.
The VICE-PRESIDENT. The question recurs on agreeing to
the amendment as amended, the amendment being in the natuie
of a substitute. The Secretary will call the roll.
The Secretary proceeded to call the roll.
Mr. CLARK of Wyoming (when his name was called). I
have a general pair with the senior Senator from Missouri [Mr.
S t o n e ] . A s that Senator is absent, I withhold m y vote.
Mr. CULLOM (when his name was called). I have a general
p a ir with the junior Senator from V ir g in ia [Mr. M a r t i n ] , and
therefore withhold my vote.
Mr. DEPEW (when his name was called). I have a general
pair with the Senator from Louisiana [Mr. M cE n e r y ], Mho is
absent, and therefore withhold my vote.
Mr. DILLINGHAM (when his name was called). I have a
general pair with the senior Senator from South Carolina [Mr.
T i l l m a n ] , who is detained by illness, and I therefore withhold
mv vote.
Mr. FOSTER (when his name was called), I have a general
pair with the Senator from North Dakota [Mr. McCtTMBER].
If he were present, I should vote “ nay.” In his absence, I
withhold my vote.
Mr. FULTON (when his name was called). I have a general
pair w ith the ju n io r Senator from Arkansas [Mr. D a v i s ] , who
is absent. I therefore withhold my vote.
Mr. TALIAFERRO (when his name was called). I have a
general pair with the junior Senator from West Virginia [Mr.
S cott ] .
I transfer that pair to the senior Senator from Ar­
kansas [Mr. C l a r k e ] and will vote. I vote “ n a y .”
I will also say, Mr. President, that I am requested to an­
nounce that my colleague, the Senator from Florida [Mr. M i l t o n ], is paired with the Senator from New York [Mr. P l a t t ].
The roll call was concluded.
Mr. CLAPP. In the absence of the Senator from North
Carolina [Mr. S im m o n s ], with whom I am paired, I doubt
whether I should vote, and therefore withhold my vote. If he
were here I should vote “ nay.”
Mr. BAILEY. Mr. President, I have a general pair with
the senior Senator from West Virginia [Mr. E l k i n s ] . Inas­
much as this is a substitute for a proposition of that Senator,
I felt justified in voting against the substitute. Unless I am
advised that the Senator from West Virginia would vote to
substitute the amendment of the Senator from Ohio for his
own proposition, I believe I will allow my vote to stand, with
this statement in the R ecord.
Mr. KEAN. On behalf of the Senator from West Virginia
[Mr. E l k in s ], who is necessarily absent on account of illness,
I will say that if the Senator were present, on this proposition
he would vote “ nay.” In my opinion, the Senator from Texas
is at perfect liberty to vote.
Mr. BAILEY. Very well, I will let my vote stand.
Mr. FLINT. I am paired with the Senator from Texas [Mr.
C u l b e r s o n ].
I am advised that if he were present he would
vote “ nay.” As I voted “ nay,” I will allow my vote to stand.
Mr. ALLISON. My colleague, the Senator from Iowa [Mr.
D o ll iv e r ] is necessarily absent to-day. I do not know how he
would vote on this proposition, if he were present, but as he

Wetmore

Richardson
Smith, Mich.
'NAYS—32.
Johnston
Clay
La Follette
Curtis
Long
Dixon
McCreary
Flint
McLaurin
Frazier
Nelson
Gamble
Newlands
Gore
f>wqn
Hopkins
NOT VOTING—37.
Hansbrough
Davis
Hemenway
Depew
Kittredge
Dillingham
McCumber
Dolliver
McEnery
du Pont
Martin
Elkins
Milton
Foster
Money
Frye
Nixon
Fulton
Piles
Gary
Hale
Heybum

Overman
Paynter
Perkins
Rayner
Taliaferro
Taylor
Teller
Warner
Platt
Scott
Simmons
Smith, Md.
Stone
Tillman
Warren

So Mr. F obaker ’ s amendment w as rejected.
EXECUTIVE SESSION.

Mr. ALDRICH. I move that the Senate proceed to the con­
sideration of executive business.
.
The motion was agreed to, and the Senate proceeded to
consideration of executive business. After eight m in u te s Gpen
in executive session the doors were reopened, and (at 4 oci
and 18 minutes p. m.) the Senate adjourned until to-morro\ Saturday, May 23, 1908, at 12 o’clock meridian.
NOMINATIONS.
E x e c u ti v e n o m in a tio n s r e c e iv e d l y th e S e n a te M a y 2 2 ,1 9 0 8 .
POSTMASTERS.

A IZ N .
R OA
William F. Buckingham to be postmaster at Humboldt, Yava­
pai County, Ariz. Office became Presidential October
William M. Newell to be postmaster at Mesa, Marie
County, Ariz., in place of William M. NewelL In cu m b en t s c
mission expired March 2, 1908.
iowa .

,

Alfanzo Z. Rawson to be postmaster at Kalona, W a s h in g
County, Iowa. Office became Presidential January 1,
LOUISIANA.

_

-

Hiram Fuselier to be postmaster at Eunice, Jt- Landry
ish, La. Office became Presidential January 1, 190b.
Misso u r i .

p a r ry

Thomas M. Allen to be p ostm aste r at ^ s 3^J’e’t.f i coinCounty, Mo., in place of Thomas M. Allen. Incum be
mission expired April 27, 1908.
ohmise New
Frederick B. Rauch to be postmaster at U o r e b o x n • uin.
Madrid County, Mo., in place of Frederick B. Kauai,
tent’s commission expired February 28, 1901.
N RHCR L A
O T A O IN .
Thomas P. Nenam to be postmaster at Madison,
‘
bounty, N. C. Office became Presidential January 1 , *

O L H M.
KA O A
Elta H. Jayne to be postmaster at Edm ond, Gkla
bounty, Okla.. in place of Elta H. Jayne. Incum bent
nission expired December 17, 1907.
„ llMlli Log*
10
Thomas B. Woosley to be postmaster at Mu
’ j^nt’e
bounty, Okla., in place of Thomas B. Woosley. 1°
:ommission expired January 20, 190G.
TEN ESSEE.
N
«
J.
A. Cox to be postmaster at Watertown, Wilson 01
renn. Office became Presidential April 1, 1908.

V G IA
IH 1N -

..

...

Hall*1
*

William D. Amis to be postmaster at VjrgiUn ,
Jounty, Va. Office became Presidential Apn . '« RocklngJames M. Williams to be postmaster at B r tjjW j. rj 0 S.
iam County, Va. Office became Presidential January .
W O SIN.
ISC N
F lo r e t
Joseph E. Parry to be postmaster at Florence
’m +T WIs In nlnee of J. E. Huff, declined to qu.i.iD
m T

CONGRESSIONAL RECORD— SENATE.

1908.

Now, when the President lias formally communicated to us a veto
and has not under his right to communicate to us his opinion and
recommendation said anything else, I do not think it is within the
limits of Senatorial privilege to say that the head of a Department,
nr especially the head of a Bureau like the Land Office, thinks the
President made a mistake and after all we ought to pass the hill.
I do not care so much about that, but the great newspapers all over
the country are informing us that certain bills are Administration bills,
a& that certain Senators have been at the White House and have
d
arranged with the President of the United States what the Senate
shall do about a treaty or about a trust bill, or about some other im­
portant matter of legislation. It is nobody’s business to be arranging
with the President of the United States what the Senate shall do. W
e
are an independent body.

6801

It is known, besides, that the Senate had indefinitely postponed the
examination of that question, to which in any case the executive power
would not have given its sanction.
That was the assurance which had been given by the State
Department here to the French Government. That is the quo­
tation from the Moniteur, the official organ of the French Gov­
ernment. The resolution, as introduced by Mr. Davis, after
quoting the above, proceeds:

Therefore,
R e s o l v e d , That the President be requested to communicate t® this
House, if not inconsistent with the public interest, any explanations
given by the Government of the United States to the Government of
France respecting the sense and bearing of the joint resolution relative
to Mexico, which passed the House of Representatives unanimously on
the 4th of April, 1864.

And so on,
Mr. President, this matter has rested in my mind ever since
the message was sent in by the President in March last. Since
And then, in response to that request, follows in full the cor­
that time we have passed one of those bills without making respondence between the French Government and the American
the provision in regard to water power to w'hich he alluded in Government in relation to the matter.
that message, and lie 1ms vetoed it. But unfortunately the bill
Thereupon the matter was, by resolution of the House, re­
originated in the other House and the veto did not come to the ferred to the Committee ou Foreign Affairs of the House. I
Senate, so there has been no opportunity here for the expression hold in my hand the report of the Committee on Foreign Affairs
°f views upon this subject.
of the House in response to the requirement of the resolution
I want to say, Mr. President, that I had It very gravely in of the House that it should make an examination and report
phnd whether I should Introduce a resolution raising the ques­ the finding whether there had been a breach of the privileges
tion whether the threat of a veto was a breach of the privi­ of the House. After going through a full examination of the
leges of the Senate, and referring to the Committee on Privileges matter, citing precedents and making arguments to show the
and Elections the question whether the particular language House had acted within its proper powers, and to show that
contained in the message of March 25 was not a breach of there had been a trespass and breach of the privileges of the
the privileges of the Senate. I have only been deterred from House, the committee submitted this report and the accompany­
“°ing so because of the fear that if introduced by myself, be­ ing resolution to the House of Representatives. It is found
g g in g to the opposition party, the resolution might be con­ in the same volume from which I read.
strued into a partisan matter, a matter which I desired should
I can not read the entire report, because it is too long. I
j considered by the Senate in a nonpartisan manner, concern­ will, however, read the opening sentences of the report, which
ing, as it does, Senators of ail parties, and not he degraded are as follow s:
nto a partisan contest. The question is way above party conThe Committee on Foreign Affairs have examined the correspondence
nierations. It concerns the highest prerogatives of the Senate, submitted by the President relative to the joint resolution on Mexican
affairs with the profound respect to which it is entitled, because of
uerefore I have refrained. But I have hoped that some Sen­ the gravity of its subject and the distinguished source from which it
ior of the dominant party would introduce that resolution,
emanated.
They regret that the President should have so widely departed from
th ■ 1>resitlent’ has not always been thus. In the elder day
the usage of constitutional governments as to make a pending resolu­
ne time was when the suggestion of such a breach of the priv- tion of so grave and delicate a character the subject of diplomatic
cges 0f |)le senate or of the House of liepresentatives met explanations. Thev regret still more that the President should have
tn prompt response from the members of either body con- thought proper to inform a foreign government of a radical and serious
conflict of opinion and
I wish to call the attention of the Senate to a most legislative and executive jurisdiction between the depositories of the
power of the United States.
gki instance of that. Of course we all recognize the fact that
No expression of deference can make the denial of the right of Con­
gress constitutionally to do what the House did with absolute unanimity
tprFe Was no President of the United States who, from charactb \IU *rom Particular conditions of the time, was in a posi- other than derogatory to their dignity.
*
After reviewing in this report the whole case, the committee
b v n ° 1)0 trouted with the utmost deference and consideration
of the House of Representatives, replying to what the President
tin* ngress t0 suc|k a degree as President Lincoln, and, fur.r’ that in time of war naturally there is, in practice, less had done, submitted this resolution to the House of RepresentaPas s C t observance of the rules with reference to the tres- j tives:
Q
The
t
i
tlle executive department upon the prerogatives of ; tion ofcommittee, in the conclusion of the report, recommend the adopthe following resolution:
e legislative department. Nevertheless, it is a fact that
“ R e s o l v e d , That Congress has a constitutional right to an authorltaduring the civil war, at the very height of the pride and ! five voice in declaring and prescribing the foreign policy of the United
as well in the recognition
as in other matters;
mestige and power of President Lincoln, the House of Repre- ’ States, is the constitutional duty ofof new powers to respect that policy
and it
the President
-ntatives resented, and most pointedly and emphatically con- not less in diplomatic negotiations than in the use of the national force
^nined, what they considered to he a breach by him of the | when authorized by law; and—
privileges of the House.
I Mark the words!
tR 1864 the House of Representatives passed a resolution j and the propriety of any declaration of foreign policy by Congress is
condemnatory of the occupation of Mexico by tlie French forces, ! sufficiently proved by the vote which pronounces it ; and such proposi­
tion while pending and undetermined is not a fit topic of diplomatic
mJr. rench Government called the attention, through its diplo- explanation with any foreign powT
er,
representatives, of the State Department to the fact that
Thus spoke, Mr. President, the House of Representatives,
tiv a a resolution had been passed by the House of Representa- j through its committee, to Abraham Lincoln—in personal popuwicS’ ant* t00k exception thereto, and correspondence ensued, in ; larity and in political and personal influence the most powerful
i
ti * u 1 the executive department of the United States pracPresident who ever occupied the White House. There was not
t a *y disclaimed any responsibility for the act of the House of i one tithe of the breach of the privileges of tlie House of Rep­
>
t». hre^entatives and, in effect, said to the French Government resentatives in the disclaimer which President Lincoln, through
the action of the House of Representatives was without Mr. Seward, had made to the French Government that there is
in i i Cul force or effect. I will read, In order that it may go in the formal message from the President of the United States
e the R ecord properly, the communication o f tlie French Gov- ! saving to the Congress of the United States—to the Senate of
Rinent accepting that practical disclaimer given by Mr. Liu- the United States and to the House of Representatives—that if
r 1 through the State Department. It is found recited in a j they enacted certain legislation he would veto the bill.
1
solution which was introduced in the House of RepresentaMr. President, it is a most significant thing that a committee
ves by Mr. Henry Winter Davis, of Maryland, a man not an j of the House of Representatives in that day should have unaniopponent of the Administration, but a most zealous member of i mously submitted to the House of Representatives such a resoluRe party in power. This, which I now read, occurred on the ! tion as that which I have just read, because, the Senate will
>d day o f May, 1804:
j mark the fact, the question was there whether the President of
Bayis or Maryland. I ask the Clerk to read my resolution,
{ the United States, through the State Department, had or had not
i a e u e r t read as fo llo w s:
"hereas iin* following announcement appeared in the Moniteur, : acted within his powers; whether he had or had not committed
j a breach of the privileges of the House of Representatives in
°uleial journal of the French Government—
■making the explanation and disclaimer which he had made to
.. ^ be French Is quoted in one column and the English transla- i the Government of France as to the action of the House of
otl in a parallel column, as follows:
1 Representatives. The last two lines of the resolution are a
Emperor’-: government has received from that of the United direct condemnation of the fact that such bad been done, in this
sati'factory explanations as to the sense and hearing of the j language:
Lmotion coinp to bv the House of Representatives at Washington
j And such proposition—
^eiatlva to Mexico.
X LII----- 420







CONGRESSIONAL RECORD-SENATE.

Mat 23 ,

That is, a proposition relative to foreign affairs in the par­ Senator desired to propound an inquiry to me. But I have no
ticular matter, the Mexican affairs—
desire to occupy the floor longer, and I will not trespass fur­
And such proposition while pending and undetermined is not a fit ther upon the time of the Senator from Oklahoma.
topic of diplomatic explanation with any foreign power.
Mr. CLAPP. Will the Senator from Oklahoma yield to me
It has been made a topic of explanation with a foreign power for a moment?
and this resolution says that it was not a fit topic for explana­
Mr. OWEN. I yield to the Senator from Minnesota.
tion, thereby condemning it. I paraphrase, sir, the words of
Air. FORAKEIl. Air. President----- that resolution, and say that while a measure is pending in
The AICE-PRESIDENT. Does the Senator from Oklahoma
Congress it is an unfit thing to do for the President to send a yield to the Senator from Ohio?
message to Congress that he will veto the measure if enacted
Air. CLAPP. The Senator from Oklahoma has yielded to me.
into law.
The VICE-PRESIDENT. The Chair did not hear the Senator
I say, Mr. President, it is remarkable that such a resolution from Oklahoma. Does the Senator from Alinnesota yield to
should have been reported by that committee to the House of the Senator from Ohio?
Representatives, but the most remarkable statement follows.
£ 3^ ^ * 1* 1 pad do so and retain the floor.
When that resolution was submitted to the House of Repre­
.
sentatives on the 4th day of April, 1864, it received the unani­ _Mr‘ LORAKER. Air. President, I wish to make an inquiry.
mous vote of every man in the House of Representatives, and ( 7 . ' OWEN. I did not intend to yield the floor, but merely
among the names recorded I find on page 1408 of the Congres­ to give an opportunity to the Senator from Alinnesota to make ‘ '
sional Globe of April 4, 1864, the name of our honored, most a comment, which I thought he wished to make.
Mr. FORAKER. I did not know that anyone had been recog­
distinguished, and in commission our eldest brother, the Senator
from the State of Iowa [Mr. Allison], who now sits before me, nized to succeed the Senator from Georgia, but if anyone has
and who was then a Member of the House of Representatives. been recognized, I want to make an inquiry before we pass
away from this subject. It is whether we can not be indulged
The vote, as given by yeas and nays, is as follows:
M Davis of Maryland called for the yeas and nays on the passage to pursue this matter a few minutes longer.
r.
The statement was made first by the Senator from Colorado
of the bill.
The yeas and nays were ordered.
and afterwards referred to by the Senator from Georgia that a
The question was taken, and it was decided in the affirmative— letter had been received from the President saying that if we
yeas 109, nays 0, as follows:
Messrs. James C Allen, William J. Allen, Alley, Allison, Ames, passed certain legislation, he would veto it; and there might
.
Ancona, Anderson, Arnold. Ashley, Augustus C Baldwin, John D. have been added the statement that if we passed it over hi8
.
Baldwin, Baxter, Beaman, Blaine, Francis P. Blair, Bliss, Blow, Boyd, veto, he would refuse to enforce it. The Senator who is sup­
Brooks, Broomall, James S. Brown, William G Brown, Chanler, Am
.
hrose W. Clark, Clay, C
obb, Cole, Cox, Cravens, Henry Winter Davis, posed to have received that letter was absent from the Cham­
Dawson, Denson, Denison, Dixon, Driggs, Eckley, Eden, Eldridge, ber. He is now present in the Chamber. I should like official
Eliot, English, Finck, Frank, Grider, Grinnell, Griswold, Herrick,
Itigby, Holman, Hooper, Hotchkiss, Asabel W Hubbard, Jenckes, and accurate knowledge with respect to that letter. I have
.
Julian, Kalbfleisch, Francis W Kellogg, Orlando Kellogg, King, Law, heard about it. I have made some statements about it.
.
Lazear, Long, Longyear, Mallory, Marcy, M
cBride, M
cClurg, M
cKinney, r Air. OWEN. I regret very much, but I do not feel willing i
Middleton, Samuel F. Miller, M
oorhead, James R. Morris, Morrison, to yield for that purpose.
Amos M
yers, Leonard M
yers, Nelson, Norton, Charles O
’Neill, John
Air. FORAKER. Before we pass from it the Senator from
O
’Neill, Orth, Patterson, Perham, Pike, Pomeroy, Price, Pruyn, Samuel
J. Randall, William H, Randall, Alexander H. Rice, Rogers, Edward Alichigan might be given an opportunity to put that letter in the
H. Rollins, Scott, Shannon, Spalding, Stevens, Strouse, Thayer, Upson, Record, if he is willing to do so.
‘
Van Valkenburgh, Elihu B. W
ashburne, William B. W
ashburn, W
haley.
W
heeler, Chilton A. White, Williams, W
ilder, Wilson, W
indom Win­
OWEN. I do not feel willing to yield the floor for tlia t^

field, Benjamin W
ood, W
oodbridge, and teaman—109.
Nays—0.
So the joint resolution was passed.

The VICE-PRESIDENT. The Senator from Oklahoma de­
clines to yield.
Air. ALDRICH. Was the Senator from Oklahoma recognized
by the Chair?
The VICE-PRESIDENT. The Senator from Oklahoma was
recognized.
Mr. CLAPP. The Senator from Oklahoma yielded to me.
___
r Mr. OWEN. I yield to the Senator from Alinnesota for a
f question.
w
/
Mr. CLAPP. I will not trespass upon the time of the Senate
from Oklahoma. I simply want to say that in the Lincoln case
the House had not concluded its action. It had proceeded to
act, aud the matter was pending in the House. It does seem to
me that there is a great difference between the two cases.
Mr. BACON. Will the Senator permit me to ask him a quo®'
tion in order that this matter may be settled, and other mat­
ters? The Senator belongs to the dominant party. Will not the
Senator kindly have a resolution sent to the Committee on Privl*
leges and Elections in order that the question between us may
be settled?
Mr. CLAPP. No, sir ; because I do not think that the matter
And such proposition, while pending and undetermined, is not a fit
topic of diplomatic explanation with any foreign power.
warrants any such resolution. At the proper time, when I wu*
not be trespassing upon the time of another Senator, I will state
Mr. CLAPP. Mr. President----the reasons why I do not think so.
—
"■Mr. OWEN rose.
Mr. BACON. I hope the Senator will.
The VICE-PRESIDENT. Does the Senator yield further to
Mr. FORAKER. Mr. President----the Senator from Minnesota?
The VICE-PRESIDENT. Does the Senator from Oklahoma
Mr. CLAPP. If the Senator from Oklahoma will allow me
yield to the
a moment, I will not trespass long.
--------------- - Senator from Ohio?
Air. BACON. I do not feel justified in trespassing on the-— Mr. OWEN For a question.
Mr. FORAKER. Only for an inquiry o f the Senator fr°
time of the Senator from Oklahoma, as I have really occupied
the floor by his courtesy, and therefore I continue only with Minnesota before he takes his seat. I should like to ask
his permission,
Senator if he does not think the sending of a communicate
Mr, CLAPP, I supposed the Senator from Georgia had to a member ui this uuuj' wmuuuug a threat that ^ the m J
of lum body containing
iu
p
uuctu luai if
finished.
sees fit to pass legislation, it will be vetoed, and if passedo'
Mr. BACON, I beg pardon. I thought you wished to ask the veto, it will be disregarded, is not a matter this body
me a question.
take notice of officially in defense of its own dignity »ncl
y-Mr. OWEN. I did not intend to interrupt the Senator from ' own honor and its own usefulness as well?
would
Georgia.
Mr. CLAPP. In the first place, Air. President, it ”
^
' Mr. BACON. I understand the Senator from Oklahoma, btff U -J^U » at the very threshold upon whether that occurreddepend Ub U V 1 VIJ U V U 1U
V V
4
JX 9 V
MV V
U IU 1
came to an abrupt conclusion on purpose, while of course know of no evidence before the Senate of that fact; nor
r
much more might be said on the subject, because I knew I was think, at present at least, that the mere sending of a m tlie
3 w Pa™l?g,. on wiiat was the legitimate time of the Senator to a man because he is a Senator, unless it is addressed to
ft°5* Oklahoma. When I made the response to the Senator Senate, necessarily calls for any reply from the Senate.
Minnesota I was under a misapprehension. I thought the
Mr. FORAKER. Perhaps not from the Senate.
Mr. President, I can not add to the force of that action and
I will not now say anything more.
Mr. CLAPP. Will the Senator pardon a question?
Mr. BACON. With pleasure.
Mr. CLAPP, I suggest to the Senator if there is not a vast
difference between the action of President Lincoln, after the
House had taken action upon the matter, and the declaration
of the Executive as to his purpose and policy, not with refer­
ence to what Congress had done, but his purpose and policy with
reference to possible legislation? It strikes me that there is a
vast difference.
Mr. BACON. I think the vast difference is in the grossness
of the excess of the breach of privilege in this case over what
there was in that case.
In the first place, Mr. President, the Senator’s question is
not predicated upon the facts as they exist, because the Sen­
ator will recognize that while Congress had given expression to
its views there had been no determination, and the resolution
expressly puts its condemnation upon that ground. It says:

CONGRESSIONAL RECORD— SENATE.

1908.

Mr. CLAPP. I think we have magnified this matter beyond
all fair proportions.
Mr. FORAKER. Mr. President, it is possible that we have.
It is to avoid any magnifying of it that I should like to get
the exact fact. If we could have the exact fact and put it
in the Record, then I think we all would know what to do
about it.
Mr. BEVERIDGE. Mr. President----Mr. FORAKER. I will not trespass longer on the time or the
Senator-from Oklahoma.
, .
The VICE-PRESIDENT. Does the Senator from Oklahoma
yield to the Senator from Indiana?
Mr. HALE. Mr. President, I call for the regular order.
The VICE-FRESIDENT. The Senator from Oklahoma has
the floor.
„
Mr. BEVERIDGE. Will the Senator yield to me for a mo­
ment?
' Mr. OWEN. I do not wish to give up the floor.
Mr. BEVERIDGE. I do not ask that, but I ask the Senator
to yield that I may ask a unanimous consoot that will take
only a moment and occasion no debate whatever. I wish to call
up a bill relating to Territories, the omnibus Territories act,
which has passed the House. I ask that it be taken up, con­
sidered, and passed.
Mr. HALE. What is the bill?
Mr. BEVERIDGE. It is a bill which the Senate has passed
and which the House has passed and sent back to us, with
amendments concerning many things, such, for instance, as
authorizing the issuance of bonds for the building of a courthouse in. a certain county of Arizona, another with regaid
to another public building, and two or three with reference to
Hawaii, about which the Committee on Pacific Islands and
Rico have been consulted.
f Mr. OWEN. Mr. President, if this leads to any debate, I
shall not yield.
Mr. BEVERIDGE. I will not ask for it if it does.
.The VICE-PRESIDENT. Does the Senator from Oklahoma
yield to the Senator from Indiana?
Mr. BEVERIDGE. I shall be much obliged to the Senator
from Oklahoma if he will yield.

ELEC N O SEN TO S BY THE PE PL .
TIO F
A R
O E
/ Mr. OWEN. I wish to call the attention of the Senate to
i Joint resolution No. 91, which was laid upon the table several
days ago, and which I now wish briefly to address the Senate
l Rpon. it is a joint resolution proposing certain amendments to
\t h e Constitution of the United States.
Mr. DEPEW. Mr. President----- The VICE-PRESIDENT. Does the Senator from Oklahoma
yield to the Senator from New York?
Mr. DEPEW. I wish to ask a question of the Senator from
Oklahoma. Has the joint resolution been read?
f Mr. OWEN. It was presented to the Senate several days ago,
( and I want to have it read now.
Mr. DEPEW. I asked the question because I wish to present
ah amendment to it. Possibly the Senator might offer his realso to the amendment which I shall propose.
(
Mr. OWEN. I prefer to submit my remarks first, and have
\th e amendment come in due order.
y Mr. GALLINGER. Let the joint resolution be read.
{
Mr. OWEN. Tbe Secretary will please read the joint resoluv tion.
J
The VICE-PRESIDENT. Tbe Secretary will read the joint
resolution.
The Secretary read as follows:

Joint resolution (S. R. 91) proposing certain amendments to the Con­
stitution of the United States.
Retired, e t c ., That the following .article be proposed to the legis*-‘ures of the several States as an amendment to the Constitution of
3
i. .. United States, which shall, immediately after passage of this resomtlon, he submitted by the President of the United States to the gov*
orn
or-H of the several States of the Union, and when ratified by threefourths of the State legislatures such article shall be valid to all
intents and purposes as a part of the said Constitution, namely:
Aut. 16. The Senate of the United States shall be composed of two
mtors irom each■State, chosen by ~ . nnrl *l»A ftlanrAfO IT) \f years,
the electors
itors from
ny me eieeiom thereof for six
rt*._1
•, '
__ ____ ieach Senator shall ,have one vote; and the electors in each State
fhall have the qualifications requisite for electors of M
embers of the
House of Representatives. They shall be divided as equally as may be
*nto three classes, so that one-third may be chosen every second year,
“U lr vacancies
otherwise, me
™
U f K.Ticancies happen, by resignation or'otherwise ^ governs nmy
D
fl
byrwlmatlon
®ake temporary appointments until the next regular elation In such
^tate. No person snail be a Senator who shall not have attained the
lK of thirty years, and been nine years a citlien of the Lnited Stet®,
e
and who shall not, when elected, be an elector of the htate foi which
he shall be chosen. The Vice-President of the United States shall be
President of the Senate, but shall have no vote unless they be equally
tjivided. The Senate shall choose their own officers, and also a preslh'r pro tempore In the absence of the Vice-I resident, or when he
't
*u*U exercise the office of the President of the Lulled States.
l




6803

Mr. ALDRICH. Mr. President----The VICE-PRESIDENT. Does the Senator from Oklahoma
yield to tbe Senator from Rhode Island?
Mr. ALDRICH. I rise to a question of order.
The VICE-PRESIDENT. The Senator will state his question
of order.
„
.
,
Mr. ALDRICH. I have no objection to the Senator from
Oklahoma making a speech upon this subject, but it should be
distinctly understood that this joint resolution is not before the
Senate.
The VICE-PRESIDENT. It w ill not be before the Senate
except upon unanimous consent or by motion.
Mr. OWEN. I have made no motion, Mr. President.
The VICE-PRESIDENT. The Senator from Oklahoma has
made no motion.
Mr. ALDRICH. I have no objection to the speech or the
Senator from Oklahoma being made.
Mr. OWEN. I repeat I have made no motion.
Mr. BEVERIDGE. Mr. President----The VICE-PRESIDENT. Does the Senator from Oklahoma
yield to the Senator from Indiana?
, „
.
_ .
Mr. OWEN. I yield if the bill which the Senator desires to
move will involve no debate.
Mr BEVERIDGE. It will involve absolutely none. I am
convinced of that. If it does, I will not push it. I made the
same request a moment ago. It will only take about a minute
and a half, I think, unless some Senator proposes an amend­
ment or asks for the entire reading; and if that is done, I
shall not ask that the bill be considered. I think, oil tbe whole,
however, I will not interrupt the Senator now, and I am very
much obliged to him. He is very kind.
—*lr. OWEN. Mr. President, this resolution proposes to sub-X
mit to the States of the Union for their consideration, under \
Article V of the Constitution of the United States, a sixteenth
amendment to the Constitution.
Article V provides that Congress, whenever two-thirds of both i
Houses shall deem it necessary, shall propose amendments to
the Constitution, or, on tlie application of the legislatures of
two-thirds of the several States, shall call a convention for pro­
posing amendments, which, in either case, shall be valid when
ratified by the legislatures of three-fourths of the several States,
or bv conventions in three-fourths thereof, as the one or the
other mode of ratification may be proposed by Congress.
j
Tbe reasons for this proposed reform are thoroughly well;
understood—
F irst That it will prevent the corruption of legislatures.
Second. That it will prevent tbe disturbance of the State leg­
islation by contests over the Senatorship.
Third. That it will prevent men using money improperly to
obtain a seat in the Senate.
.
Fourth. That is will make tbe Senate more responsive to the
will of the people of the S ta te s .
’
Fifth. That it will compel candidates for the Senate to be
subjected to the severe scrutiny of a campaign before the people
and compel the selection of the best-fitted men, and so forth.
The joint resolution No. 91 provides the mode of ratification
by “ three-fourths of the State legislatures” of the proposed l
sixteenth amendment.
Mr. President, it is not my purpose to debate this resolution. /
This matter has been debated by the American people and in /
the public press and in numerous assemblies, and tbe mind of j
tbe American people has been made up with regard to it. I j
therefore do now respectfully request the action of the Senate j
in favorable compliance with the well-established public opinion ;
of over three-fourths of the States of this Union.
I call the attention of tbe Senators from Pennsylvania that ]
that great Commonwealth, by its legislature, on tbe 33th day of j
February, 1901, passed a joint resolution in favor of tbe elec- j
tion of United States Senators by the direct vote of the people, i
which resolution was approved by Gov. William A. Stone.
I call tbe attention of the Senator from Indiana that that ;
great Commonwealth, by its legislature, on the 11th of March, *
1907, passed a joint resolution requesting suitable steps to be 1
taken to provide for the election of Senators by the direct vote \
of the people, and I challenge the Senators from Indiana to ;
give their cordial support to the will of the people of Indiana I
as expressed through the legislature of that State; that they j
now make effective the will of Indiana by cooperating with me j
in a demand for an immediate and favorable vote upon joint /
resolution 91.
I
I call the attention of the Senators from Michigan to the facr
that that great State in like manner has passed a similar reso­
lution*




6804

CONGRESSIONAL RECORD— SENATE.

May 23

Mr. HALE. What is the trouble with these Senators that
they have not brought this matter up?
Mr. OWEN. Mr. President, I give them an opportunity to
do so now and the full liberty to explain themselves. _ —
Mr. HALE. I know; but, Mr. President, those Senators have
had this opportunity, some of them for six or seven years, and
I wish the Senator would tell us what is the measure of the
delinquency of those Senators whom he is prodding now who
have for six or seven or eight years, in some cases, not done
anything in this matter?
\
Mr. OWEN. The extent of that delinquency, if any, is what )
I am trying to find out.
Mr. HALE. I know; but will not the Senator tell the Senate
what is the trouble with all those Senators?
Mr. OWEN. I think a vote will tell better than any of my v
resoimiom^ attention of the Senators from Minnesota to the
arguments, Mr. President.
fact that on the 9 t h day of March, 1901, the legl^ urf®
Mr. HALE. I think all of us had that feeling when the Sen­
great C o m m o n w e a lt h passed a resolution requesting fatorabie
ator referred to all these States which years ago had passed
action on this proposition.
_
+w
I call the attention of the Senators from Iowa to the fact that such resolutions, and the Senator has just, come here and has
on March 12, 1907, the legslature of that great State expressed found out the delinquency of these Senators. I wish he would
-w
the will of the people of Iowa, and I appeal to the Senators from tell the Senate what is the reason----Mr. OWEN. I am responding to the instructions of my State, J
Iowa to cooperate with me in making effective the wishes of the
without commenting upon the delinquency of anybody.
Mr. HALE. N o; but the Senator has commented upon them
PG
Mr.e President, in Senate Document No. 454 I have submitted
here, and he has appealed to these Senators to stand by him
to the Senate copies of the resolutions passed by the various in putting this popular measure through. I wish he would state
States, and I call the attention of the Senators of the several to the body here what he thinks is the reason these S en ators
States enumerated by me to these resolutions and ask their
have been so lacking in their duty all these years.
loyal cooperation. I call the attention of other Senator
Mr. OWEN. Possibly the reason, Mr. President, is because
fact that many of their States, not enumerated, which have it would require a very extraordinary effort to get any action
not taken formal action upon this question are fully committed by the Senate, and I am making an extraordinary verbal effort^,
to it through the adoption of the principle^ nominating pri­
maries or mandatory primaries for the nomination of Senators, now. [Laughter.]
Mr. ALDRICH. Mr. President----as Maryland, Mississippi, and other States.
The VICE-PRESIDENT. Does the Senator from Oklahoma
In these various resolutions the reasons for this demand
yield to the Senator from Rhode Island?
have been abundantly set forth.
Mr. OWEN. Certainly.
I shall not, in the presence of this Senate, repeat them. I
shall assume that they are thoroughly well understood and that ““ Mr. ALDRICH. Does the Senator from Oklahoma under­
this question is no longer debatable, and I ask the Senators o stand that a Senator is bound to vote according to the instruc­
sustain me in the effort to get a vote now on this joint reso­ tions of his legislature?
lution and in the effort to prevent postponement or delay or /M r. OWEN. No, sir.
evasion, even in the form of the proposed amendment of the / Mr. President, in Senate Document No. 454 of the present
first session of the Sixtieth Congress I have submitted to the
Senator from New York [Mr. D e p e w ] ,
Mr. President, I call the attention of the Senators from feenate for their convenience, so that they may not necessarily
Nebraska, and of Missouri, and of South Dakota, and of Kan­ overlook it, copies of the resolutions on this subject passed by »
sas, and of Montana, and of Idaho, and of Washington, and of the various States, and I call the attention of the Senators or f
Oregon, and of California, and of Nevada, and of Utah, and of the various States enumerated by me to these resolutions, and /
Colorado, and of Wyoming to the fact that the legislatures of I ask their cooperation. I do so without any reproach or blame /
each and every one of those States have expressed the will of whatever to them. I have a right to appeal to them withou /
the people of those States in demanding the passage of this being rebuked by the Senator from Maine [Mr. H ale] because/
sixteenth amendment to the Constitution; and in \ iew of this of my junior life in this body. The Senator from Maine is nptj
expression of the wishes of the people of your several States, I called on to rebuke the Senator from Oklahoma because hejma /
now appeal to you personally on this floor to hold up my hands not arrive sooner. [Laughter.] He came as soon as he coujuy
in favor of an immediate vote without any postponement or [Laughter and applause in the galleries.]
K The VICE-PRESIDENT. The Chair must admonish w
delay.
occupants of the galleries that applause is not allowed under m
I call the attention of the Senators from Arkansas, from
,
,
Tennessee, from Texas, from Kentucky, from Louisiana, from friiles of the Senate. President, I call the attention of otne |
Mr. OWEN. Mr.
North Carolina to the fact that the legislatures of their States ■Senators to the fact that many of their States, not enumeratecM
have made the same demand as Oklahoma has made upon me which have not taken formal action upon this question are m v i
as its representative on this floor; and I am responding to the committed to it through the adoption of the principle or nouj
will of the people of my State when I make this demand.
inating primaries or mandatory primaries for the nominaim*
Mr. President, here are the legislatures of twenty-seven States of Senators, as Maryland, Mississippi, and other States.
I
of this Union who have requested this reform, and twenty of
I shall assume that the Senate of the United States is not j
them have sent Republican Senators to this body. This is no w.^rgarten and needs no further discussion or any
Democratic movement, nor would I care to demand this impor­ ion whatever on this particular matter, and I respectfully
tant reform merely for political advantage. I want this reso­ !bud insist on the immediate compliance of the Senate with «r
lution passed, and I call upon you, the dominant .party in this i"wishes and the desires of the American people in accorda 'T
nation, instructed, as you are, by the States of the Union to Svith the expression of that will in the various States.
L
respond to the will of the people of this country, and more, to
Now, Mr. President, there are various ways to prevent [
respond to the principles of righteousness which ought to pre­
vail and which will prevail when the great people of this coun­ having a vote on this resolution. Ingenious amendment* X
&
try are allowed a free expression of their will in electing be offered proposing to change representation in the
from the constitutional number of two for each State
E
Senators by a direct vote of the people.
j,
| Mr. President, a majority of the Senators representing the basis of population, as is contemplated by the Senator'
party in power have been instructed in this matter by the New York [Mr. D epew ], but I call his attention to the enu» „
fceople of their States, and I ask a faithful compliance with the astic opposition to that proposition of New Hampshire ana
moot and Rhode Island and of every other Bmall State.
J
impression of the will of the people of this country.
Mr. DEPEW. Mr. President----''M HALE. Mr. President----T.
The VICE-PRESIDENT. Does the Senator from Okia*1
The VICE-PRESIDENT. Does the Senator from Oklahoma
yield to the Senator from New York?
yield to the Senator from Maine?
Mr. OWEN. I yield to the Senator from New York.
A
^ Mr. OWEN. I do.
Mr. DEPEW. Mr. President, the Senator from OKia
Mr. HALE. What is the trouble with all the Senators from
these different States which have passed these resolutions misunderstands the amendment which I intend to propo
lp0g
whose Senators have been here much longer than the Senator l. Mr. OWEN. I am a mind reader, Mr. Presldeut
from Oklahoma?
Mr. DEPEW. Perhaps Oklahoma has not yet
raoueh in the Union to read the mind of New York, a
Mr. OWEN. I acknowledge the rebuke, Mr. President,
I call the attention of the Senators from Illinois to the fact
that on the 10th day of February, 1903, the legislature of that
great State made the same demand in compliance with the will
of the people of the State of Illinois, and I call upon the Sena
tors from Illinois to vote with me for this resolution, in compli­
ance with the expressed will of the people of that Comm
wealth, and to hold up my hands in the passage of this joint
resolution No. 91.
. ,
I call the attention of the Senators from Wisconsin to t e
fact that that great State in like manner has committed ltseit
positively to this reform and has registered the demand ot tne
people of that State in favor of this amendment, and I appeal
to them to cooperate with me in the immediate passage ot this

1008.

CONGRESSIONAL RECORD—SENATE.

for a new State its mind is very strong and its expression exceedingly vigorous. [Laughter.] But when the Senator per­
mits me to offer this amendment, he will discover that the
only object of it is that, if we are to elect Senators by the
people, the people shall vote.
f
Mr. OWEN. Mr. President, I shall not make any mistake,
and the American people will make no mistake, in the purpose
I °f this proposed amendment. It is to prevent action. I have
ho manner of doubt about that, and I express that opinion
without any doubt whatever of its real purpose.
Mr. DEPEW. May I ask the Senator a question?
The VICE-PRESIDENT. Does the Senator from Oklahoma
yield to the Senator from New York?
Mr. OWEN. Certainly.
Mr. DEPEW. Is the Senator opposed to qualified citizens of
the United States, 21 years of age, voting for United States
Senators on a direct ballot?
Mr. OWEN. That is what I am for. I assert that right.
Mr. DEPEW. Then the Senator will be in favor of my
amendment.
/
Mr. OWEN. Mr. President, this proposition can be defeated
m a number of w ays; and I have no power to prevent its being
defeated if that be the will of the Senate; but I want that,
^ill recorded, and I want it recorded in such a manner that.’
the people of this country shall have no doubt of its meaning.*
wnv, Mr. President, I ask that the Senate proceed to the con-*
^deration of Senate joint resolution numbered 91.
Mr. LODGE. Mr. President, merely for a question of order,
I ask if the joint resolution referred to is on the Calendar?
it been reported from any committee?
The VICE-PRESIDENT. It is on the table Calendar.
Mr. LODGE. Yes, Mr. President; but I do not refer to the
table Calendar. Has it been reported from any committee?
Ihe VICE-PRESIDENT. It has not been reported from any

6805

desk. It will occasion no discussion, and it will take only a mo­
ment for it to be read.
Mr. KEAN. Let us get through with this matter first.
Mr, BEVERIDGE. There will be no objection to this bill.
Mr. GALLINGER. I must object to the request. The bill has
never been considered by the Senate in any way.
Mr. BEVERIDGE. Very well, I will withdraw the request.
The VICE-PRESIDENT. The Chair is of the opinion that
the matter presented by the Senator from Oklahoma [Mr,
Owen] is for the Senate to determine.
Mr. OWEN. I call for the yeas and nays, Mr. President.
Mr. HALE. Mr. President, pending that motion I move that
the joint resolution be referred to the Committee on Privileges
and Elections.
The VICE-PRESIDENT. The Senator from Maine moves
that the joint resolution be referred to the Committee on Privi­
leges and Elections.
Mr. OWEN. On that I call for the yeas and nays.
The yeas and nays were ordered.
The Secretary proceeded to call the roll, and Mr. A l d r ic h re­
sponded to his name.
Mr. GORE. I should like to make a parliamentary inquiry.
The VICE-PRESIDENT. The Senator from Oklahoma will
state his parliamentary inquiry.
Mr. GORE. Would it be in order to move to amend the mo­
tion made by the Senator from Maine by coupling with it an
injunction Instructing the committee to report back the joint
resolution forthwith in favor of its passage, or to report it back
forthwith, although I should like to know how long that means?
The VICE-PRESIDENT. Under the rule, instructions may
be added to a motion to commit.
Mr. GALLINGER. I rise to a question of order, Mr. Presi­
dent.
The VICE-PRESIDENT. The Senator from New Hampshire
committee.
will state his question of order,
Mr. LODGE. Then I do not see how a motion to proceed to
Mr. GALLINGER. The name of the Senator from Rhode
Its consideration would be in order.
Island [Mr. A l d r ic h ] was called, and he answered to his name.
Mr. ALDRICH. The Senator from Oklahoma asks unani- Therefore the call must proceed.
consent
Mr. ALDRICH. I voted “ yea.”
Mr. LODGE. Oh, he asks unanimous consent. I beg the
The VICE-PRESIDENT. The Chair did not hear the vote.
senator’s pardon.
No amendment to the motion would now be in order. The
..M r. OWEN. No; I do not ask unanimous consent. I move' suggested amendment of the Senator from Oklahoma [Mr.
hat the Senate proceed to its consideration. I ask for a vote Gore] comes too late. The Secretary will resume the calling
01 the Senate on that motion, and call for the yeas and nays.
of the roll
Mr. KEAN. Does the Senator from Oklahoma occupy the
The Secretary resumed the calling of the roll.
for any such purpose?
Mr. CLARK of Wyoming (when his name was called). I am
ihe VICE-PRESIDENT. The Senator from Oklahoma has paired with th e senior Senator from Missouri [Mr. S t o n e ] .
the floor,
I will transfer that pair to the Senator from Nevada [Mr.
N ixon] and vote. I vote “ yea.”
"
•—Mr. OWEN. I had the floor, and have It now.
Mr. CULLOM (when his name was called). I have a general
M KEAN. But for no such purpose,
i*.
ibe VICE-PRESIDENT. The Senator from Oklahoma has pair with the junior Senator from Virginia [Mr. M a r t i n ] . I
c floor in his own right, and he has moved that the Senate transfer th a t p a ir to the Senator from Iowa [Mr. D olliveb ]
oeeed to the consideration of the joint resolution which he has and vote. I vote “ yea.”
Mr. DEPEW (when his name was called). I have a general
be?h discussing.
pair with the Senator from Louisiana [Mr. McE nery]. I
Mr. OWEN. And on that I call for the yeas and nays.
Mr. DEPEW. Mr. President, I offer an amendment to the transfer that pair to the Senator from Delaware [Mr. d u P o n t ]
and vote. I vote “ yea.”
J0,ht resolution.
,
Mr. DILLINGHAM (when his name was called). I have
/t
OWEN. D o I understand the Senate has now proceeded j
•
consideration of the joint resolution?
y
j a general pair with the senior Senator from South Carolina
. t h e V IC E -P R E S ID E N T . The joint resolution has not been [Mr. T il l m a n ], which I transfer to the Senator from Con­
necticut [Mr. B u l k e l e y ] and vote. I vote “ yea.”
J vote of the Senate taken up for consideration.
’
Mr. FOSTER (when his name was called). I have a general
DEPEW. I offer a proposed amendment.
pair with the Senator from North Dakota [Mr. M c C u m b e r ].
DODGE. Mr. President, I rise to a question of order.
Wi i
VICE-PRESIDENT. The Senator from M assachusetts In his absence I withhold my vote. If he were present, I should
vote “ yea.”
,
Question of order.
.
Mr. FRAZIER (when his name was called). I have a gen­
*w ,• DODGE. I do not see how any joint resolution can be
,
before the Senate, except by unanimous consent, unless it e ra l p a ir with the junior Senator from South Dakota [Mr.
ru^ rfN
-eived two readings on separate days, ns required by the K it t r e d g e ] , In his absence I withhold my vote.
Mr. FULTON (when his named was called). I have a gen­
1 eral pair with the junior Senator from Arkansas [Mr. D a v is ],
„ * r-°W E X . It has been read on two days, and I had it read who is absent, and therefore I withhold my vote. If he were
y. morning.
present, I should vote “ nay.”
?Ir- LODGE. It has never had a reading and a reference—
Mr. DEPEW (when Mr. P l a t t ’ s name was called). I desire
*er.
to announce that m y colleague [Mr. P l a t t ] is paired with the
Mr. OWEN. The joint resolution was read twice on May 21
Senator from Florida [Mr. M il t o n ].
anMr!l n
the table
Mr. SCOTT (when his name was called). I have a pair with
t o J for b r i d g e . Will the Senator from New York yield the senior Senator from Florida [Mr. T a l i a f e k k o ] . He is not
me , K'
It.. X? a moment?
, in the Chamber, and I therefore withhold my vote.
M
i*
The Senator from New York has not the floor.
Mr. WARREN (when his name was called). I have a gen­
Ok I,,' HDVERId q e . Then I will ask if the Senator from eral pair with the senior Senator from Mississippi [Mr. Money].
to tm !°nia "’ill yield to me, In order that I may ask the senate I do not see him in the Chamber. I will transfer that pair to
Ti s
now?
the junior Senator from Maine [Mr. F rye], and vote. I vote
JiH i t VlCE-PRESIDENT. Does the Senator from Oklahoma
“ yea.”
"" Mr
^enat°r from Indiana?
The roll call was concluded.
Mr
. * With pleasure.
,
.
Mr, FLINT. I am paired with the senior Senator from Texas
clutn'. LVKu i d GE. I now renew my request for the imme- [Mr, C ulberson ] , and therefore withhold m y vote.
consideratiou of the bill which I send to the Secretary s







6806

CONGRESSIONAL RECORD— SENATE.

Mat 23,

The VICE-PRESIDENT. The Senator from Oklahoma will
Mr. SMITH of Maryland. I desire to announce that my col­
league [Mr. R a y n e r ] is paired with the Senator from Indiana state his parliamentary inquiry.
Mr. OWEN. Was the Senator from Oklahoma taken from
[Mr. H e m e n w a y ] ,
the floor by the vote?
The result was announced—yeas 33, nays 20, as follows:
Mr. GALLINGER. He was.
YEAS—33.
Mr. HALE. Undoubtedly.
Richardson
Aldrich
Hale
Clark, W
yo.
Smith, M
d.
Allison
Crane
Heyhurn
Mr. GALLINGER. The Senator and his joint resolution,
.^Bacon
Stewart
Cullom
IIopkin3
both.
W
arner
^-Bankhead
Depew
Kean
Mr. HALE. The Senator went with his joint resolution.
W
arren
Dick
Knox
' Brandegee
W
etmore.
Briggs
Dillingham
Lodge
Mr. OWEN. He wants to follow the joint resolution----Burnham
Long
Foraker
The VICE-PRESIDENT. The Senator from Indiana asks
Nelson
Burrows
Gallinger
unanimous consent for the present consideration of a bill the
Carter
Guggenheim
Penrose
title of which will be stated.
NAYS—20.
The Secretary. A bill (II. R. 21957) relating to affairs in
Piles
Ankeny
^Newiands
Dixon
..--Simmons
Beveridge
^-Gore
Owen
the Territories.
Smith, M
ich.
Borah
^Johnston
Overman
The VICE-PRESIDENT. The bill will be read for the infor­
Stephenson
Brown
La Folletie
Paynter
mation of the Senate.
T elier
Clapp
^M
cCreary
Perkins
The Secretary proceeded to read the bill.
NOT VOTING—39.
Platt
Hansbrough
Mr. ALDRICH. Mr. President, is the bill before the Senate?
Dolliver
Bailey
^.Jtayner
Ilemenway
du Pont
--'Bourne
The VICE-PRESIDENT. The bill is being read for the in­
Scott
Kittredge
Elkins
Bulkeley
formation of the Senate, at the request of the Senator from
Smoot
M
cCum
ber
Flint
Burkett
Stone
M
cEnery
Indiana, who has asked unanimous consent for its present con­
.-'Clarke, Ark.
--Foster
Sutherland
M
cLaurin
Frazier
Clay
sideration.
.-■Taliaferro
Martin
Frye
' Culberson
The Secretary resumed the reading of the bill.
Taylor
Milton
Fulton
--’■'C
urtis
Tillman
M
oney
Gamble
Mr. CLAPP. Mr. President, I submit that it is impossible
,Daniel
Nixon
Gary
-^Davis
to hear the reading of the bill. It is a long bill and it should
So the joint resolution was referred to the Committee on be read carefully and should be heard.
Privileges and Elections.
Mr. GALLINGER. It is a good bill.
Mr. DEPEW. I offer the amendment I send to the desk, and
Mr. BEVERIDGE. I will say that practically all of this bill
ask that it be read, printed, and referred to the Committee on has been passed. I will simply say, in reply to the Senator from
Minnesota about reading the bill carefully, that the bill con­
Privileges and Elections.
Mr. HALE. The whole subject has been referred to the Com­ sists of a number of bills which have heretofore passed the
mittee on Privileges and Elections. The Senator, of course, by Senate, having been read three times.
unanim ous consent, can have his amendment read and referred
The reading of the bill was resumed and concluded.
The bill had been reported from the Committee on T erritories
to that committee.
with am endm ents.
Mr. DEPEW. Let it be referred with the joint resolution.
Mr. HALE. That is all right.
The VICE-PRESIDENT. If there be no objection to the con-.
The VICE-PRESIDENT. The Senator from New York asks sideration of the b ill, it is before the Senate as in C om m ittee
that the amendment proposed by him may be read. Without objec­ of the Whole, and the amendments of the committee will be
tion. the Secretary will read as requested.
stated in their order.
The Secretary read as follows:
The S e c r e ta r y . On page 3, lines 6 and 7, strike out the words
The qualifications of citizens entitled to vote for United States Sen­ “ a facsimile o f ; ” and before the word “ signature,” in line 7, in­
ators and Representatives in Congress shall be uniform in nil the States, sert the word “ written”
;
and Congress shall have power to enforce this article by appropriate
Mr. CLAY. I was not aware that unanimous consent had
legislation and to provide for the registration of citizens entitled to
vote, the conduct of such elections, and the certification of the result.
been given to consider the bill. Has unanimous consent been
given?
Mr. OWEN. Mr. President----The VICE-PRESIDENT. Without objection, the amendment
The VICE-PRESIDENT. Is there objection to the present
will be referred to the Committee on Privileges and Elections.
consideration of the bill?
Mr. DEPEW. I ask that it be referred with the joint resolu­
Mr. CLAY. Is it a House or a Senate bill?
The VICE-PRESIDENT. It is a House bill.
tion.
Mr. HALE. I call for the regular order.
Mr. CLAY. From what committee does it come?
The VICE-PRESIDENT. It was reported from the Com m it­
Mr. PENROSE. I ask unanimous consent to offer an amend­
ment to the joint resolution.
tee on Territories.
Mr. HALE. I yield to the Senator.
Mr. ALDRICH. The Senator from Indiana [Mr. Bentriuge'*
Mr. PENROSE. I offer an amendment to the joint resolu­ who is now absent from the Senate, says the bill has passed tn
tion, which I ask to have read and referred to the Committee Senate in the form of various bills.
. R
on Privileges and Elections.
Mr. CLAY. It contains a good many different propositm
The VICE-PRESIDENT. Without objection, the Secretary
Mr. ALDRICH. They have all been considered by the com
will read as requested.
mittee, I think.
The Secretary read as follows:
Mr. CLAY. The Senator from Vermont [Mr. D ielingha
Article XVI. The Senate of the United States shall be composed of is a member of the committee, I believe, from which the
two Senators from each State, and each State shall have additional came. Is that correct?
Senators in proportion to its population, based upon a proportionate
excess of population beyond that of the State having the lowest popula­
Mr. DILLINGHAM. Yes.
tion in the last decennial census, but no State shall have more than
Mr. CLAY. Was the bill unanimously agreed to by the
fifteen Senators.
mittee?
The VICE-PRESIDENT. The amendment will be referred
Mr. DILLINGHAM. It was.
._ D
t
to the Committee on Privileges and Elections.
The VICE-PRESIDENT. Is there objection to the
AFFAIRS IN THE TERRITORIES.
consideration of the bill?
Mr. CLAY. I believe I will let it go through.
,Hee.
Mr. HALE, Mr. OWEN, and Mr. NEWLANDS addressed the
Mr. KEAN. A part of it was agreed to by the c?innl ittee
Chair.
The part relating to Hawaii was not agreed to by the Comm
The VICE-PRESIDENT. The Senator from Maine.
on Territories.
. Mr. HALE. I call for the regular order.
Mr. DILLINGHAM. Then I will modify m y s ta te m e n t.
Mr. BEVERIDGE. Mr. President----Mr. CLAY. May I ask the Senator from New Jersej
Mr. HALE. I yield to the Senator from Indiana.
Mr. OWEN. Mr. President----was the feature disagreed to?
. h pill
Mr. KEAN. Several amendments were proposed to
The VICE-PRESIDENT. Does the Senator from Maine yield
to the Senator from Oklahoma?
in committee and the Secretary was beginning to n'lM tpers
’
committee amendments. Some of them are very proper.
Mr. HALE. I have yielded to the Senator from Indiana.
Mr. BEVERIDGE. I ask unanimous consent for the present I do not think are so proper.
.
it,
Mr. CLAY. Where everyone seems to be agreed
m
consideration of the bill (H. R. 21957) relating to affairs in
the Territories. It will require no discussion, and it is neces­ although it is a right serious matter to undertake legisia
sary that the bill be passed now.
nresent
the closing days of the session----The VICE-PRESIDENT. Is there objection to the P‘ Mr. OWEN. Mr. President, I rise to a parliamentary in­
quiry.
consideration of the bill?

1908.

Mr. KEAN. The Senator from Indiana may speak for him­
self. The Senator from New Jersey has been listening to the
reading of the Journal.
The VICE-PRESIDENT. The Secretary will resume the
reading of the Journal,
The Secretary resumed the reading of the Journal.
Mr. BEVERIDGE (at 12 o’clock meridian). Mr. President,
the Secretary has now been reading the Journal for one hour.
It is apparent that not many Senators are paying any atten­
tion to it. Except on Saturday last it has not been read in full
during the present session. It never is read in full. Reading
tt in full now only consumes precious time and prevents the
consideration of extremely important measures before the
Senate, I ask that its further reading be dispensed with.
The VICE-PRESIDENT. The Senator from Indiana asks
unanimous consent that the further reading of the Journal be
dispensed with. Is there objection?
Mr. KEAN. I trust the Senator from Indiana has been listenattentively to the Journal and that we may continue to
“five it read.
The VICE-PRESIDENT. Objection is made. The Secretary
proceed with the reading of the Journal.
The Secretary resumed the reading of the Journal.
Mr. BEVERIDGE (at 12 o’clock and 25 minutes p. m.).
Inasmuch as there is seriously Important legislation pending—
I refer to the bill to compensate Government employees for
“varies sustained—I ask unanimous consent that the further
reading of the Journal be dispensed with.
Mr. KEAN. The Secretary is now reading the message of
the President of the United States. Let the reading be pro­
ceeded with.
The VICE-PRESIDENT. Objection is made. The reading
'V continue.
‘H
The Secretary resumed the reading of the Journal.
Mr. NEWLANDS (at 12 o’clock and 30 minutes p. m .). The
secretary lias concluded the reading of the President’s message
n regard to the development of waterways. I think a bill
fit would promote that object should be passed now----Mr. GALLINGER. The reading of the Journal can not be
mi tered with except by unanimous consent.
Mr. NEWLANDS. Rather than that, the reading of the
hrual should be continued.
Mr. Ke a n . Let us have the regular order, Mr. President,
f, M NEWLANDS. So I ask unanimous consent that the
r*
mter reading of the Journal be dispensed with, and that the
enate proceed to the consideration of the bill (S. 7112) for
e appointment of an Inland Waterways Commission with the
,n'V to the improvement and development of the inland vvater\r 8
^3e United States.
Mr. KEAN. That can not be done except by unanimous conI he VICE-PRESIDENT. It requires unanimous eousent,
coder the rule, to dispense with the reading of the Journal.
Secretary will proceed with the reading of the Journal.
■
Ihe Secretary resumed and concluded the reading of the
Journal.
Mr. BEVERIDGE. I move that the Journal be approved.
Mr. CLARK of Wyoming. I wish to make an inquiry. As
JJ ® clerk read the Journal it should be corrected. "Whether it
J
fio inadvertence in reading or otherwise, I do not know.
. 1 refer to the entry where at the evening session Senate
MU 4062 was called up. It was upon the question of proceedMg to the consideration of that bill which proposes to amend
5481 of the Revised Statutes. As read from the Journal
t was 4481. It was after the approval of the Military Academy
Conference report and after preliminary discussion of the
Territorial bill.
Mr. KEAN. It is the bill for the punishment of extortion.
Mr. CLARK of Wyoming. Yes; the bill for the punishment
extortion.
The VICE-rRESIDENT. The entry in the Journal will be
read.
The Secretary read as follows:

O motion by M Cl\ kk of Wromlng, the Senate proceeded to conn
r.
« ler as m Committee of “hS Whole, the hill (S. 4062) to amend sec1 oa 4*81 of the Revised Statutes of the United States.
„ Mr. CLARK of Wyoming. I think it should be to amend sec­
tion 5481.

Mr. KEAN. It is 5481 in the Record.
^he VICE-PRESIDENT. Without objection, the Journal will
** corrected.
, . .
Mr. BEVERIDGE. I move that the Journal as corrected be
aPproved.
The VICE-PRESIDENT. The question Is on approving the
Journal ns corrected.
The Journal as corrected was approved.




6871

CONGRESSIONAL RECORD— SENATE.
INJURIES T G V R M N EM Y
O O E N E T PLO EES.

Mr. DEPEW. I wish to give notice that immediately after
the conclusion of the morning business I shall call up the bill
(H. R. 218-44) granting to certain employees of the United
States the right to receive from it compensation for injuries
sustained in the course of their employment.
Mr. BEVERIDGE. Is morning business first in order before
any motion?
The VICE-PRESIDENT. It is first in order.

TR TM T O N V JO INDIANS.
EA EN F A A
The VICE-PRESIDENT laid before the Senate a communi­
cation from the Secretary of the Interior, transmitting, in re­
sponse to a resolution of the 25th ultimo, certain information
relative to the employment of the United States soldiers during
the year 1907, within or near the Navajo Indian Reservation,
Ariz., in arresting By-a-lil-le and other Navajo Indians, etc.,
which, with the accompanying papers, was referred to the Com­
mittee on Indian Affairs and ordered to be printed,

IM O EM T O H R O O W ING N.
PR V EN F A B R F ASH TO
The VICE-PRESIDENT laid before the Senate a communica­
tion from the Commissioners of the District of Columbia, trans­
mitting a report on the improvement of the harbor front of the
city of Washington, which, with the accompanying paper, was
referred to the Committee on the District of Columbia and or­
dered to be printed.
Mr. GALLINGER. I move that 500 additional copies of the
communication, together with the illustrations, be printed for
the use of the Senate document room.
The motion was agreed to.

M
ESSA E FR M THE H USE.
G
O
O
A message from the House of Representatives, by Mr. W. J.
B rowning, its Chief Clerk, announced that the House had
agreed to the second report of the committee of conference on
the disagreeing votes of the two Houses on the amendments of
the Senate to the bill (H. R. 21260) making appropriations for
sundry civil expenses of the Government for the fiscal year
ending June 30, 1909, and for other purposes.

E R L E BILLS SIG ED
NOLD
N .
The message also announced that the Speaker of the House
had signed the following enrolled bills and joint resolution, and
they were thereupon signed by the Vice-President:
H. R. 1991. An act granting pensions and increase of pensions
to certain soldiers and sailors of the war with Spain and other
wars and to the widows of such soldiers and sailors;
H. R. 19355. An act making appropriations for fortifications
•uid other works of defense, for the cirmtiment thereof, for the
procurement of heavy ordnance for trial and ser\ ice, and for
other purposes;
.
XL R. 20063. An act making appropriations to provide for the
expenses of the government of the District of Columbia for the
fiscal vear ending June 30, 1909, and for other purposes; and
S. R. 23. Joint resolution to provide for the remission of a
portion of the Chinese indemnity.

B A DO V
O R F ISITO S T W
R O EST PO T.
IN
Mr. McCREARY. Mr. President, I was honored by the Presi­
dent of the Senate by being appointed a member of the Board of
Visitors to the United States Military Academy. I find that my
engagements in Kentucky will prevent me from discharging the
duties, and I ask to be excused from serving as a member of the
Board of Visitors.
,
The VICE-PRESIDENT. Is there objection to the request
of the Senator from Kentucky? The Chair hears none, and the
Senator is excused. The Chair appoints in place of the Senator
from Kentucky the Senator from Louisiana [Mr. Foster],
PETITIONS AND

M ORIALS.
EM

Mr. BROWN presented sundry affidavits to accompany the
bill (S. 2701) to increase the pension of Robert Allen Hears,
which were referred to the Committee on Pensions.
Mr. HALE (for Mr. Frye) presented a petition of sundry
citizens of Bar Harbor, Me., and a petition of sundry citizens
of Madison, Me., praying for the adoption of certain amend­
ments to the so-called “ Sherman antitrust la w 2 relating to
labor organizations, which were referred to the Committee on
the Judiciary.
Mr. BURKETT presented a petition of sundry citizens of
Alliance, Xebr., praying for the adoption of certain amendments
to the so-called “ Sherman antitrust law" relating to labor
organizations, which was referred to the Committee on the
Judiciary.
Mr. McLAURIN presented a petition of sundry citizens of
Water Valley, Miss., praying for the adoption of certain amend­
ments to the so-called “ Sherman antitrust law ” relating to

,

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.V '
'

Y

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yr
t.-

V
.

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6872

CONGRESSIONAL RECORD

labor organizations, which w as referred to the Committee on
the Judiciary.

5 :v *

I

Mr. BURNHAM presented a petition of Merrimac Lodge,
Brotherhood of Railroad Trainmen, of Nashua, N. H., and a
petition of Subdivision No. 335, Brotherhood of Locomotive
Engineers, of Concord, N. H., praying for the passage of the
so-called “ Rodenberg anti-injunction” and the “ HeinenwayGraff safety ash-pan” bills, which were referred to the Com­
mittee on the Judiciary.
He also presented a petition of sundry citizens of Manchester,
N. II., praying for the adoption of certain amendments to the
so-called “ Sherman antitrust bill ” relating to labor organiza­
tions, which was referred to the Committee on the Judiciary.
Mr. FLINT presented sundry petitions of citizens and labor
organizations of Oakland, Cal., praying for the adoption of
certain amendments to the so-called “ Sherman antitrust law
relating to labor organizations, which were referred to the
Committee on the Judiciary.
'
Mr. BACON. I have received two telegrams, addressed to
the Senate and House of Representatives in my care. I pre­
sume it is proper that I should lay them before the Senate in
the way of memorials. They are very short, and I ask that
they be read and properly referred.
. ^
Mr. ALLISON. I ask the Senator from Georgia to allow
them to be p rinted in the R ecobd .
Mr. BACON. V ery w e ll; so they go in the R ecord, it is
all right.
,
, . ..
There being no objection, the memorials were ordered to lie
on the table and be printed in the Record, as follows:
Y o rk , P a ., M a y 23, 1908.

by its title and, with the accompanying paper, referred to the
Committee on Public Lands.
j

C N R U IO S F R PO IT A PU PO
O T IB T N O
L IC L R SES.

\

Mr. GALLINGER submitted an amendment intended to be
proposed by him to the bill (H. R. 20112) providing for public­
ity of contributions made for the purpose of influencing elec­
tions at which Representatives in Congress are elected, pro­
hibiting fraud in registrations and elections, and providing data
for the apportionment of Representatives among the States,
which was referred to the Committee on Privileges and Elec­
tions and ordered to be printed in the Record, as follows:

That the act of February 8 , 1894, entitled “An act to repeal all
statutes relating to supervisors of elections and special deputy
marshals and for other purposes,” be, and the same is hereby, re­
pealed ; and the several sections of the Revised Statutes specified in
said act relating to the appointment, qualification, power, duties, ana
compensation of supervisors of elections, and the several sections or
the Revised Statutes specified in said act relating to the appointment
qualification, power, duties, and compensation of special deputies, ana
the several sections of the Revised Statutes relating to crimes specified
in said act, and the part of section 643 of said statutes specified in
said act and also all statutes and parts of statutes specified in sec­
tion 2 of said act be, and the same are hereby, reenacted and put m
full force and effect the same as if they bad not been repealed by snia
act; this act of repeal and reenactment to take effect from and after
its passage.
W D A A O PA S—C A L S HUGHES.
ITH R W L F PER
HRE
On motion of Mr. C arter (for Mr. P enrose) , it was

That leave be granted to withdraw from the files of the
Senate the papers in the case of Charles Hughes accompanying Sen­
ate bill 2454, Sixtieth Congress, first session, subject to the provision
of clause 2 of Rule XXX.
N TIO A INITIATIVE A R
A NL
ND EFER N U .
EDM
O rd ered ,

Mr. OWEN. I present a memorial from the Initiative and
. 0.
The general synod of the Keformed German Church In the I nited Referendum League of America, relative to Senate bill N°*
States earnestly petitions Congress to enact bill to protect no-license 7208 and Senate joint resolution No. 94, providing for the estab­
lishment of a national initiative and referendum. I move that/
territory.
j onN p, Stein, S t a t e d C le r k .
U n ite d S t a t e s S e n a t e a n d H o u s e o f R e p r e s e n t a t i v e s ,
care S en a to r A
B a c o n , W a s h i n g t o n , D , G ..

Reading, Pa.,

it be printed as a document.
The motion was agreed to.

M a y 25, 1908.

U n ite d S t a t e s S e n a t e a n d H o u s e o f R e p r e s e n t a t i v e s ,

STEAM
SHIP TA SQ EN .
BA U O

The VICE-PRESIDENT laid before the Senate the following
Salem Evangelical Church, representing denomination of German message from the President of the United States, which was
stock, earnestly petitions Congress to pass bill to protect no-license read and, with the accompanying papers, referred to the Com­
territory, repudiatory to those who claim German vote oppose such legismittee on Foreign Relations and ordered to be printed:
ca re S en a to r A . 0 . B a co n , W a sh in g to n , D . C .:

la tion ‘

I •
•

U -

* i




A lexan der R ebeb .
D av id K ie fe r .
A lbe rt W e id e n h Old .
F r a n k P ete rson ,
G eo . S chboeder .
J oel M a n w il l e b .

T o th e S e n a te a n d H o u s e o f R e p r e s e n t a t i v e s :

I transmit herewith a report by the Secretary of State, with j
accompanying papers, concerning the claim of the owners or .
Mexican steamship T a b a sq u e n o and of her cargo against the on
States,
T
In view of our admitted liability in principle in this case, I rec .
Fred Heffelfinger..
mend the claim to the favorable consideration of Congress ana i
C Wiland.
.
an appropriation of the sum mentioned by the Secretary of
S. N e id ig .
made in settlement of the claim.
_ heodore „ oosevelt^
T
T
R
Mr. DICK presented a petition of Local Union No. 494, United
Inclosures from the Secretary of State to the President, M
ay
Brotherhood of Carpenters and Joiners of America, of Colum­
bus, Ohio, praying for the adoption of certain amendments to 1908, with six inclosures.
the so-called “ Sherman antitrust law ” relating to labor or­
ganizations, which was referred to the Committee on the Judiciary.
,
.
He also presented petitions of sundry citizens of Dixon and
Convoy, in the State of Ohio, praying for the adoption of an
amendment to the Constitution to prohibit polygamy, which
were referred to the Committee on the Judiciary.
He also presented memorials of sundry citizens of Warren
and Mansfield, in the State of Ohio, remonstrating against the
passage of the so-called “ Rodenberg anti-injunction bill,” which
were referred to the Committee on the Judiciary.
He also presented a petition of the Hamilton Club, of Hamil­
ton, Ohio, praying for the enactment of legislation providing
for a survey for a canal between Toledo, in that State, and Chi­
cago 111., which was referred to the Committee on Commerce.
He also presented a memorial of the Retail Jewelers’ Associ­
ation of Cincinnati, Ohio, remonstrating against the passage of
the so-called “ Vreeland stamping bill,” which was referred to
the Select Committee on Standards, Weights, and Measures.
REPORT OF A COMMITTEE.

Mr. DICK, from the Committee on Mines
whom was referred the bill (H. R. 20SS3) to
Department of the Interior a Bureau of Mines,
amendments, and submitted a report (No. 692)

and Mining, to
establish in the
reported it with
thereon.

BILLS IN R D C D
TOUE.
Mr. PLATT introduced a bill (S. 7225) for the relief of Mary
Priscilla Shipman and other heirs at law of John J. Shipman,
deceased, which was read twice by its title and, with accom­
panying paper, referred to the Committee on Claims.
Mr. OWEN introduced a bill (S. 7220) granting certain land
in the city of Alva, Okla., used for land-office purposes by the
Government, to the city of Alva, Okla., which was read twice

T h e W h it e H ouse , M a y 25, 1908.

PR EN L A O A S.
ESID TIA PPR V L
A message from tb e President o f the United States, hy M. C. Latta, one o f his secretaries, announced that the i
dent had approved and signed the follow ing a cts :

_

On May 22 , 1908:
r n itcd
S. 4639. An act to provide fo r participation by the (States in an international exposition to be held at Tokyo, j
in 1912.
On May 23, 1908:
. , in the
S. 3153. An act to make Monterey and Port Hartxoro.
g.
State of California, subports of entry, and for other
l
0f
S. 902. An act authorizing certain extensions to be m £0BJ.
the lines of the Anacostia and Potomac River Itailro
pany, the Washington Railway and Electric Company,
rpracand Suburban Railway of Washington, and the Capijf
ur.
tion Company, in the District of Columbia, and for
poses; and
„
- . ■ cco. am*
,
S. 4186. An act amending the act of January 14.
acts amendatory thereof, and for other purposes.

PA TS T INDIAN LA D
TEN
O
N S.
Mr. CLAPP submitted the follow in g re p o rt ;

^

The committee of conference on tbe disagreeingvotes
r,
two Houses on the amendments of the Senate to the J ^ ^ u e
21735) to authorize the secretary of the , Interi _ nny law
Secretary ui lu”
UP
,a'
patents in fee to purchasers of Indian lands' “g n o s e s ,
now existing or hereafter enacted, and for other purr o ^ s u ­
ing met, after full and free conference have agrew {olj0wS •
mend and do recommend to their respective lio nu . ,reii ;> 9.
,
That the Senate recede from its amendment
10, 11,12,14,15,10, 17, 20, 32, 38, 30, 40, and 41.

CONGRESSIONAL RECORD— SENATE

1008

6953

that it would be returned to him at the end of his service, but that up
Mr. TALIAFERRO. Mr. President----to this time no part of it whatever has been paid back to him.”
The VICE-PRESIDENT. Does the Senator from Delaware
Capt. John F. Tomlin, aged 05 years, a resident of Salem, N. J.,
yield to the Senator from Florida?
testified August 28, 1906, as follows:
“ That while a first lieutenant he was in command of Third New
Mr. du PONT. With pleasure,
Jersey Cavalry. That on or about the last day of December, _1864,
Mr. TALIAFERRO. Did I understand from the reading of
or early in January, I8 6 0 , he left the headquarters of the said regiment,
which was at or near Winchester, Va., and proceeded to Remount Camp, the report that General Ainsworth stated that there was noth­
near Harpers Ferry, W Va., a remount station in the State of Maryland, ing of record in the Department to show that this man was in
.
where there was delivered to him a number of recruits, among whom either of those companies?
W one Charles J. Smith, who enlisted in the said regiment on the 30th
as
Mr. du PONT. I think the record shows that he was en­
day of December, 1864, at Camden, N. J., and from there forwarded to
the said remount station,
listed and was assigned to a regiment; but there is nothing of
“That he delivered the said Charles J. Smith to the said regiment record to show that he ever joined it or that he was ever dis­
no or about the 19th day of January, 1865; that the said Charles J.
bndth was assigned to Troop F of the said regiment and fought the charged from it. That is Colonel Ainsworth’s statement.
nght at Waynesboro, Va., on the 28th of February, 1865 ; that after
Mr. TALIAFERRO. There is nothing in the record to show
said fight the said Charles J. Smith went back from the front with a lot
°f prisoners, in number about 1,500, captured at said fight from the that he ever Avas a member of either company?
Mr, du PONT. There is nothing beyond his joining, his
command of General Early.
. 'That In the course of two weeks the said Charles ,T Smith rejoined j enlistment, his being enrolled, and being mustered in. But I
.
“is command and was present with the said command from that time | will state that in time of war such records are very often
U its mustering out at or near the city of Washington. 1 . C
t>til
> .
‘ That the said Charles J. Smith was the third of the said name, I loosely kept. It seems to me that the affidavit of this disinterthere being a Charles Smith and a Charles J. Smith, both of whom had ! ested party, corroborating the affidavit of the applicant, clearly
eQlisted in said regiment at some time prior to the enlistment of the ! entitles him to favorable consideration,
8ald Charles ,T Smith No. 3, who enlisted on December 30, 1864.
.
Mr. CULBERSON. Mr. President-----. That he has not seen the said Charles J. Smith for many years
“Jbce his said discharge, until the 17th day of August last passed.
The VICE-PRESIDENT. Does the Senator from Delaware
W he met the said Charles J. Smith in the city of Camden and [ yield to the Senator from Texas?
hen
‘’’ of New Jersey, and upon the said meeting he recalls clearly and
.ate
without question the fact that he was the same recruit, Charles J. | * Mr. du PONT. I do.
t ,aith. whom he took from the said remount station in the State of
Mr. CULBERSON. I will ask the Senator from Delaware
^aryland and delivered to the said Third New Jersey Cavalry at or if the object of this bill is not to give this party a pensionable
“ear Winchester, in the State of Virginia, on or about the said 19th
of January, 1865, and that he recalls clearly the fact that the status?
" Charles j. Smith went back with the said prisoners and aftera,d
Mr. du PONT. I can hardly answer as to that. The bill is
tff, ' within about two weeks, rejoined his command, then proceeding j to give him an honorable discharge. He claims to have served
/•ward Richmond, and served from thence on until the regiment was
mustered out and discharged in the vicinity of Washington, D. C., on and to have received an honorable discharge, which was lost,
August l. 1865."
! and therefore he is entitled to another discharge. I do not
fint s ® n by the records that Company F. Third New Jersey In- know what ulterior designs lie may have or how the matter
k°W
W ? Volunteers, was mustered out of service August 1 , 1865. at
aoW
fonn i n^ on’ IE C., but, as previously stated, nothing whatever has been would be considered by the Pension Department. Whether it
Dp", K recora to show that the Charles J. Smith who was enrolled would give him a claim for a pension or not I am unable to say.
,f
of I,niber 36. 1864, ever joined that company or any other company
Mr. CULBERSON. Mr. President----he
resiment, and, as nothing has been round of record to show that
The VICE-PRESIDENT. Does the Senator from Delaware
in n u « ever discharged from service as a member of the organization
for 'es"on> the Department has been constrained to deny the application ! yield further to the Senator from Texas?
teeor i c^tiflcate of honorable service, on the ground that the official
Mr. du PONT. Certainly.
di-^ ,. . not show that he served In the regiment mentioned or was
iV
“Charged as a member thereof,
Mr. CULBERSON. In view of the fact that this soldier is
respectfully submitted.
j unable to state under oath what company he belonged to, and
F. C. A i n s w o r t h ,

The Adjutant-General.

«
D epartm ent.

The Adjutant-General’s Office, April 16, 1908.
TllE S e c r e t a r y

op

W ar.

' the further fact that the records do not show that he was a
| member of any company or any regiment----Mr. du PONT. If the Senator from Texas will allow mo, I
j think the records will show that he was enlisted and enrolled
in the regiment, but they simply do not show that he ever
; joined it or was ever discharged from it.
Mr. CULBERSON. I do not catch what the Senator says in
I that respect.
Mr. du PONT. The records show that he was duly mus­
tered into the regiment, but they do not show that he ever
served with it or was ever discharged or mustered out from it.
Mr. CULBERSON. lie is still a member of that regiment,
so far as the record shows, as suggested by the Senator from
; Mississippi [Mr. McL aurin].
Mr. du PONT. So far as the records show, that is his status
exactly.
Mr. CULBERSON. I ask that the letter of General Ains­
worth accompanying the report he again read. I do not ask
for the reading of the entire report, hut only for the letter of
I General Ainsworth, the Adjutant-General.
The VICE-PRESIDENT. The Secretary will reread the let­
ter, at the request of the Senator from Texas.
The Secretary read as follows:

^ONT. I should like to call the attention of the Senap fr°hi Texas [Mr. Culberson] to the affidavit of Capt, John
• jonilin, a former officer of the regiment, which has been read.
- l'. CULBERSON. Mr. President, I am not sure that I
M
•bight the facts distinctly from the reading of the report, but
seems that the beneficiary of the bill makes an affidavit that
, e enlisted in Company E or F of a certain regiment, and that
e was discharged either at Richmond or at Winchester; and
occurred to me that a man asking a favor of the Government
“Uer n,ore tllau forty years ought to be able to fix more defi* ltely than he does—if I am right in this conjecture—the com*
I,any that he was in and the point at which he was discharged.
Mr. du PONT. Mr. President, in reply to that I should like
{? s,ate that a great many years have elapsed and of course
Vhe applicant has not an absolutely clear recollection, but he
ih liis affidavit that he was discharged at or near Washing,0n- I presume he was discharged in one of the camps in the
jmuiediate vicinity of this city. But the affidavit of this disin,Rested party, an ex-officer of the regiment, who corroborates
18 statement in every respect, seems to me to be conclusive, C a s e o f C h a r le s J . S m i t h , a lle g e d l a t e o f C o m p a n y F , T h i r d N e w J e r s e y
C a v a lry V o lu n teers.
tlo it shows there were three men of the same name.
It is shown bv the official record that one Charles J. Smith was en­
. Mr . CULBERSON. I should like to ask the Senator from
was duly mustered into the service as a
Delaware if the beneficiary of this bill is clear as to what corn- rolled December'31. 1863. andRegiment----private of Company F, Third
Pajy he was in?
Mr. FULTON. As this matter has taken up so much time, I
Mr. du PONT. I did not hear the Senator from Texas,
. Mr . CULBERSON. It occurred to me from the reading of I object to the further consideration of the bill.
The VICE-PRESIDENT. Objection is made to the further
Papers and the report that this beneficiary did not know
n What company he served during the war—-whether in Com- consideration of the bill. It will go to the Calendar.
Pai'y E or Company F. I ask the Senator from Delaware if
BILLS INTRODUCED.
•V recollection of the reading is correct?
....
Mr. HEMENWAY introduced a bill (S. 7227) granting an
Mr. du PONT. Yes; that is true; but the affidavit of this
officer—an entirely disinterested person—states that the man increase of pension to William Condo, which was read twice by
, as in Company F* that there were two men of the same name; 1 its title and referred to the Committee on Pensions.
Mr. STEPHENSON introduced a bill (S. 7228) to create an
J 1 fact, three of the same name, but two named Charles J.
hiith, both in Company F. I presume, after the lapse of so I Executive Department of Education, which was read twice by
hi'Uiy years, he may not have been very clear in his recollection. its title and referred to the Committee on Education and Labor.
Mr. DEPEW introduced a bill (S. 7229) granting a pension
\ am not aware of all the circumstances, hut I submit that the
statements of real importance as to his service and his dis­ to Barnuni Slocum, which was read twice by its title and, with
charge have been corroborated by an affidavit of an absolutely the accompanying paper, referred to the Committee on Pen­
disinterested party. Therefore it seems to me that his con­ sions.
Mr. LA FOLLETTE introduced a bill (S. 7230) to remove the
d ition is fairly supported and that he is entitled to the benefit
j charge of desertion from Frank Calbert Arnold and to permit
of the doubt.
^







CONGRESSIONAL RECORD— SENATE.
the Secretary of the Navy to reenlist said Arnold, which was
read twice by its title and referred to the Committee on Naval
Affairs.
Mr. BACON introduced a bill (S. 7231) for the relief of the
heirs of Robert H. Walthour and Taylor Walthour, deceased,
which was read twice by its title and referred to the Committee
on Claims.
Mr. WETMORE (for Mr. LIansbrough) introduced a joint
resolution (S. R. 96) making the 21st day of October in each
and every year a national holiday, and designating it “ Dis­
covery Day,” which was read twice by its title and referred
to the Committee on the Library.

May 26,

Mr. PILES. I move that the Senate concur in the amend­
ments of the House of Representatives.
The motion was agreed to.
RESURVEY OF LANDS IN WYOMING.

The VICE-PRESIDENT laid before the Senate the action of
the House of Representatives disagreeing to the amendments
of the Senate to the amendments of the House to the bill
(S. 6190) authorizing a resurvey of certain townships in the
State of Wyoming, and requesting a conference with the Senate
on the disagreeing votes of the two Houses thereon.
Mr. NELSON. I move that the Senate insist upon its
amendments, agree to the conference asked for by the House,
LANDS IN SOUTH DAKOTA.
and that the conferees be appointed by the Chair.
The motion was agreed to; and the Vice-President appointed
Mr. NELSON (for Mr. K ittredge) submitted an amend­
ment to the bill (S. 7071) authorizing the Secretary of the Mr. Nelson, Mr. Clark of Wyoming, and Mr. M cL aurin as
Interior to lease land in Stanley County, S. Dak., for a buffalo the conferees on the part of the Senate.
pasture, which was referred to the Committee on Public Lands
CEMETERY LAND IN DUBUQUE, IOWA.
and ordered to be printed.
The VICE-PRESIDENT laid before the Senate the amend­
BUREAU OF MINES.
ment of the House to the bill (S. 6363) granting title to a par­
cel of land in the city of Dubuque, Iowa, heretofore known
On motion of Mr. Dick, it was
as “ St. Raphael’s Cemetery,” to the archbishop of Dubuque and
O rd e r e d , That 2.000 additional copies of Senate Report No. 692,
Sixtieth Congress, first session, “ Establishing Bureau of Mines in In­ to his successors in office, and confirming and establishing title
terior Department,” be printed for the use of the Senate.
thereto accordingly; which was, on pages 1 and 2 , to strike
LEGALITY OF BUSINESS DONE BY EXPRESS COMPANIES.
out the preamble.
Mr. ALLISON. I move that the Senate concur in the amendOn motion of Mr. B urkett, it was
O r d e r e d , That Senate Document No. 463, Sixtieth Congress, first ment of the House.
session, “Alleged purchase and sale of commodities by express com­
The motion was agreed to.

panies,” be reprinted.
_

t h e in itia tiv e and referendum .

*-l

PRESIDENTIAL APPROVALS.

A m essage from the President o f the United States, by Mr.
Mr. OWEN. I present a memorial from the State Referen/ dum League of Maine, signed by its secretary, concerning the M. C. L atta, one of his secretaries, announced th a t the Presi­
! initiative and referendum in that State. I move that it be dent had approved and signed the following jo in t resolu tio n s:
On May 25, 1908:
\ printed as a document.
S. R. 51. Joint resolution providing for additional lands for
V The motion was agreed to.
Idaho, under the provisions of the Carey A ct; and
PATENTS TO INDIAN LANDS.
S. R. 23. Joint resolution to provide for the remission of a
Mr. CLAPP. I ask that the bill (H. R. 21735) to authorize portion of the Chinese indemnity.
the Secretary of the Interior to issue patents in fee to pur­
CLAIMS OF TOSTMASTERS.
chasers of Indian lands, under any law now existing or here­
Mr. TELLER. I offer the resolution which I send to the
after enacted, and for other purposes, when printed as a law
desk and ask unanimous consent for its present consideration.
be reprinted.
The Secretary read the resolution, as follows:
The VICE-PRESIDENT. Without objection, it is so ordered.
f

HOUSE BILLS REFERRED.

R e s o lv e d , That the Secretary of the Treasury be, and he is hereby,
directed to have stated and audited in the office of the Auditor for tne
Post-Office Department, the salary accounts of former postmasters *vno
served at post-offices in the various States and Territories of pL
United States in terms between July 1, 1864, and July 1, 1874, an
whose accounts have not been readjusted and certified for payment uj
the Postmaster-General under the act of M
arch 3, 1883, such saw jr
accounts to be stated opon the registered returns of each postmaster w
each term of service specified, and by the method of reviewing ana 1
adjusting approved and ratified by the act of August 4. 1 Sob, am
u
enable the Secretary of the Treasury the better to comply with m
resolution, the Postmaster-General is hereby directed to turn over
the Auditor for the Post-Office Department all the data now in
hands pertaining to each and every claim.

H. R. 19462. An act to amend section 5438 of the Revised
Statutes was read twice by its title and referred to the Commit­
tee on Military Affairs.
H. R. 21815. An act to amend the laws relating to navigation,
and for other purposes, was read twice by its title and referred
to the Committee on Commerce.
H. R. 21896. An act to amend section 86 of an act to provide
a government for the Territory of Hawaii, to provide for addi­
tional judges, and for other judicial purposes, was read twice
by its title and referred to the Committee on the Judiciary.
The VICE-PRESIDENT. Is tliere objection to the present
H. J. Res. 186. Joint resolution relating to the assignment of consideration of tlie resolution?
.
.
space in the House Office Building, was read twice by its title
There being no objection, the Senate proceeded to consider rue
and referred to the Committee on Rules.
resolution.
,.fl1
SPOKANE INDIAN RESERVATION LANDS.
Mr. DICK. I offer what I send to the desk as a substitu
_ ^
The VICE-PRESIDENT laid before the Senate the amend­ for the resolution.
The VICE-PRESIDENT. The Senator from Ohio offers au
ments of the House of Representatives to the bill (S. 6163) to
authorize the Secretary of the Interior to sell and dispose of the am endm en t in the nature o f a substitute for the resolution.
.
be
surplus unallotted agricultural lands of the Spokane Indian The amendment will be read.
The S e c r e ta r y . It is proposed to strike out all after
Reservation, Wash., and to place the timber lands of said reser­
vation in a national forest, which were, on page 1 , lines 11 and word “R e s o lv e d ” and to insert:
12. after “ Interior,” to strike out “ and the Secretary of Agri­ That the Secretary of the Treasury be, and he is hereby, direct™
have stated and
culture;” on page 3, line 24, after “ the,” to insert “ agricul­ counts of former audited In the Sixth Auditor’s office thethe var " 9
postmasters who served at post-offices In
tural ; ” on page 4, line 3, to strike out all after “ purpose ” States and Territories of the United States in terms between
■ i
down to and including “ lands,” line 6 ; on page G line 4, to 1864, and July 1, 1874, and who applied to the Postmaster-Ge
,
prior to January 1, 1887, for payment of increased salary
strike out “ ten ” and insert “ five,” and on page G after line 15, act of M
,
arch 3, 1883, such salary accounts to be stated upon the »Bj
<
to insert:
tered returns of each postmaster for each term of service fpecineu,

Sec. 7. That nothing in this act contained shall in any manner bind
the United States to purchase any portion of the land herein de­
scribed, except sections 16 and 36 of the agricultural lands or the
equivalent in each township, or to dispose of said land except as pro­
vided herein, or to guarantee to find purchasers for said lauds or any
portion thereof, it being the intention of this act that the United States
shall act as trustee for said Indians to dispose of the said lands and
to expend and pay over the proceeds received from the sale thereof only
as received as herein provided: P r o v id e d , That nothing in this act shall
be construed to deprive said Indians of the Spokane Indian Reservation,
in the State of Washington, of any benefits to which they are entitled
under existing treaties or agreements not inconsistent with the provi­
sions of this art.
Amend the title so as to read;
“An act to authorize the Secretary of the Interior to sell and dispose
or the surplus unallotted agricultural lands of the Spokane Indian Res­
ervation, W
ash., and for other purposes.”

by the method and rule laid down by the Postmaster-General i * der
statement and payment of salary accounts of former postmasters
^
the act of M
arch 3, 1883, in his public order of February
directing payment of salaries by commissions and box rents, to ^
salaries paid at time of service; and to enable the ^ cwI?5ftnT
qsterTreasury the better to comply with this resolution the I ostm. - {he
General is hereby directed to turn over to the Sixth Auditor »" ^
data now in his hands pertaining to each and every such c l a <
the Secretary of the Treasury is hereby directed to report to inc •
ate as many such stated salary accounts of former postmasici ,
States, as soon as they can be made ready.
Mr. HOPKINS. Mr. President, has that resolution been con­
sidered by a committee?
The VICE-PRESIDENT. It has not been reported by a coiw
mittee.

1908.

CONGRESSIONAL RECORD— SENATE.

7017

Mr. FLINT introduced the following bills, which were sever­
so-called “ Sherman antitrust law ” relating to labor organiza­
ally read twice by their titles and referred to the Committee on
tions, which was referred to the Committee on the Judiciary.
Mr. BACON presented a paper to accompany the hill (S. 7231) Claims;
A bill (S. 7250) for the relief of Frank M. Swasey; and
for the relief of the heirs of Robert H. Waltliour and Taylor
Wait hour, deceased, which was referred to the Committee on j A bill ( S. 7251) for the relief of Frank C. Prescott.
Mr. HEYBURN introduced the following bills, which were
Claims.
severally read twice by their titles and referred to the Commit­
HOUSE O
FFICE BUILDING.
Mr. KNOX. I am directed by the Committee on Rules, to tee on Claims:
A bill (S. 7252) for the relief of J. B. West; and
whom was referred the joint resolution (H. J. Res. 1S6) re­
A bill (S. 7253) for the relief of Harry J. Symes.
lating to the assignment of space in the House Office Building,
to report it without amendment, and I ask for its present con- ! Mr. GALLINGER introduced a joint resolution (S. R. 97) to
Bideration. Identically the same joint resolution was intro­ create a commission to prepare a municipal code for the Dis­
duced by the senior Senator from Georgia [Mr. B acon] and trict of Columbia, which was read twice by its title and, with
referred to the committee, and I also report it back and ask the accompanying paper, referred to the Committee on the
District of Columbia.
that it be indefinitely postponed.
The VICE-PRESIDENT. The Senator from Pennsylvania
EXPENSES O OKLAHOM CONSTITUTIONAL CONVENTION.
F
A
reports a House joint resolution, which will be read for the in­
Mr. GORE. If there is no conference report pending, I ask
formation of the Senate.
unanimous consent to call up the bill (S. 5329) to provide for
The Secretary read the joint resolution.
an appropriation to defray the expenses of the constitutional
The VICE-PRESIDENT. Is there objection to the present convention and State election of Oklahoma, and for other pur­
consideration of the joint resolution?
There being no objection, the joint resolution was considered poses. KEAN. I call for the regular order, which is the bill
Mr.
as in Committee of the Whole.
that was agreed to be taken up at the request of the Senator
Mr. BACON. Mr. President, I simply desire to state, in order from New York [Mr. D epew ].
that the record may be properly understood, that the joint reso­
The VICE-PRESIDENT. The regular order is in force after
lution which was introduced by me was introduced at the re­ the routine morning business is closed. The routine morning
quest of a leading Member of the House of Representatives. I business is not yet closed. Is there objection to the request of
believe it has already been stated by the Senator from Pennsyl­ the Senator from Oklahoma?
vania that it is identical with the resolution that has been since , Mr. KEAN. Let us have the regular order.
passed by the House of Representatives. So there is no conflict : The VICE-PRESIDENT. Objection is made to tlie present
between the two measures in any particular. In other words, 1 consideration of the bill. Concurrent and other resolutions are
the whole matter is in the interest of the House of Representa­ in order.
tives, and is made necessary by the fact that their's is not a
PAPERS IN L BO CASES.
A R
continuing body; and in order that they may have a permanent
Mr. CULBERSON. Several days ago, Mr. President, I asked
set of rules to govern the Office Building, it is necessary that
and obtained the leave of the Senate to have printed as a Sen­
there should be action by Congress.
The joint resolution was reported to the Senate without ate document certain injunctions that have been issued in the
amendment, ordered to a third reading, read the third time, and Federal courts and in State courts in labor cases. I desire this
Passed.
morning to ask leave to have printed as a Senate document a
Mr. KNOX. I move that the joint'resolution (S. R. 95) re- copy of an injunction issued in the United States circuit court
atmg to the assignment of space in the House Office Building for the western district of New York in the case of the Dela­
ware. Lackawanna and Western Railroad Company, complain­
De indefinitely postponed.
ant. v . The Switchmen’s Union of North America et al., and also
The motion was agreed to.
I desire to present a paper touching the imprisonment oi
BILLS INTRO
DUCED.
William H. Webber and John Haddow for contempt of court
.Mr. TT1ANE introduced a bill (S. 7232) granting an increase in certain labor cases and tlieir pardon by the President of the
Pension to John S. Coggeshall, which was read twice by its United States. My request is for leave to print as a Senate
die and referred to the Committee on Pensions.
document the papers to which I have referred.
The VICE-PRESIDENT. The Senator from Texas asks
Mr. FLINT introduced a bill (S. 7233) for the relief of Rich­
ard Haley and others, which was read twice by its title and, unanimous consent that the papers submitted by him may be
rvith the accompanying paper, referred to the Committee on printed as a document.
Claims.
Mr. GALLINGER. What is the last-named document, I will
ask the Senator?
^ M r . CARTER (for Mr. H a n s r k o u g h ) introduced a bill (S
Mr. CULBERSON. The last document is a paper relating to
<234) to establish a National Commission of Cooperative Service
r° promote agricultural cooperative organization and to appro- j tlie imprisonment of William H. Webber and John Haddow for
priate money therefor, which was read twice by its title and re­ alleged contempt of court and tlieir pardon by the President of
the United States.
ferred to the Committee on Agriculture and Forestry
The VICE-PRESIDENT. Is there objection to the request
Mr. LONG introduced a bill (S. 7235) granting an increase of
Pension to Madison M. Scott, which was read twice by its title ef tlie Senator from Texas?
Mr. GALLINGER. Does tlie Senator think that the pardon
and referred to the Committee on Pensions.
Mr. CURTIS introduced the following bills, which wore sev- was an improper one, or what point does the Senator mean
eiuliy read twice by their titles and referred to the Committee to bring out bv having the document printed?
Mr. CULBERSON. The object in printing it is to suggest
0lJ Claims;
the undue extent to which the judicial authority has gone in
A bill (S. 7230) for the relief of II. F. Millikan; and
contempt labor cases. I have not examined the paper critically,
A bill (S. 7237) for the relief of Thomas A. Seates.
Mr. NELSON (for Mr. M cC um ber ) introduced the following but in my judgment the pardon of the President was proper.
I think ft was recommended by the then Attorney-General of
mils, which were severally read twice by their titles and re­
the United States, who is now a member of this body from
fe r r a l to the Committee on Claims:
the State of Pennsylvania.
A bill (S. 7238) for file relief of C. N. Valentine;
Mr. GALLINGER. Of course if the Senator vouches for the
A bill (s, 7239) for the relief of C. C. Schuyler;
A bin (S. 7240) for the relief of the estate of Alexander C. paper, I shall not object, but I think papers printed as a docu,
meat ought to be very carefully examined. I have in mind
McGillivray, deceased;
sniiie instances where abuses have crept in in that regard.
A bill (s . 7241) for the relief of Ole Serumgard;
Mr. CULBERSON. I will state to the Senator from New
A bill (s. 7242) for the relief of Lee Stover; and
Hampshire frankly that I have not read all of it, but I will
hill (S. 7243) for the relief of Marshall H. Jewell.
— v read it, if he suggests it, before it is printed. But I ask leave
/ Mr. OWEN introduced the following bills, which were*
j severally read twice by their titles and referred to the Cow-| now that it may be printed.
Mr. GALLINGER. Of course if the Senator vouches for it
I mittee on Claims:
now. I shall not object.
I Abill (S. 7244) for the relief of Alfred II. Boles;
Mr. CULBERSON. I do not vouch for it, because I have
A 1)111 (,s. 7245) for the relief of John J. Boles;
not read it all.
l Abill (s . 7246) for the relief of Emory D. Brownlee;
l Abill (S. 7247)
for the relief of R. A. Cameron ;/ Mr. GALLINGER. I will not object if the Senator asks ic
have it printed.
[ Abill (S. 7248) for the relief of A. It. Museller; and
The VICE-PRESIDENT. Without objection, it is so ordere \
{ Abill (S. 7249) for the relief of E. G. Spillman.
/







7018

CONGRESSIONAL RECORD— SENATE.
CROW INDIAN RESERVATION.

Mat 27,

190S, to consider measures for the conservation of the country s nat­
ural resources, of which 14,000 copies shall be for the use of the Sen­

Mr. CLAPP. I ask to Rave printed as a supplement to Senate ate and 26,000 copies for the use of the House of Representatives, and
Document No. 445, Sixtieth Congress, first session, certain papers 10,000 copies for distribution by the President of the United States.
Mr. PLATT. I ask that the concurrent resolution be con­
relating to the hearings held before the Committee on Indian
sidered and adopted at this time.
Affairs relating to the Crow Indian Reservation.
The concurrent resolution was considered by unanimous con­
The VICE-PRESIDENT. Without objection, it is so ordered.
sent and agreed to.
HEARING ON ANTI-INJUNCTION AND LABOR BILLS.
Mr. GORE. I ask to have printed as a document a hearing
held before the Judiciary Committee of the House of Represen­
tatives February 5,1908, on the Pearre anti-injunction and labor
bills.
Mr. GALLINGER. I will ask the Senator what the docu­
ment is?
Mr. GORE. It is a hearing before the House committee by
Mr. Spelling with reference to injunction. It seems that we will
not be able to discuss the measure at the present session of
Congress, and I desire to have it printed as a document.
The VICE-PRESIDENT. Without objection, it is so ordered.

LANDS IN SOUTH DAKOTA AND NORTH DAKOTA,

The VICE-PRESIDENT laid before the Senate the amend­
ments of the House of Representatives to the bill (S. 1385) to
authorize the sale and disposition of a portion of the surplus
and unallotted lands in the Cheyenne River and Standing Rock
Indian reservations in the States of South Dakota and North
Dakota, and making appropriation and provision to carry the
same into effect, which were:
On page 3, after line 11, to insert:

Provided further, That the Secretary of the Interior may reserve such
lands as he may deem necessary for agency, school, and religious pur­
poses, to remain reserved as long as needed, and as long as agency,
SUGAR-BEET PRODUCTION.
school, or religious institutions are maintained thereon for the teneht
Mr. TELLER. I present data compiled by Truman G. Pal­ of said Indians: Provided, however, That the Secretary of the Interior
is
authorized and directed to issue a
to
mer together with beet-sugar resolutions passed at the national theherebyauthorized missionary hoard, or other patent in fee simpleany
duly
proper authority of
irrigation congresses in 1893, 1894, 1895, and 1896, the Trans- religious organization heretofore engaged in mission or school work on
Mississippi Commercial Congress in 1903, 1906, and 1907, to­ said reservations, for such lands thereon (not included in any town site
herein provided
as have been heretofore set apart to such organiza­
gether with the 1907 State legislatures of Colorado, Wyoming, tion for missionfor) school purposes.
or

and Michigan, and the National Association of Retail Grocers,
On page 4 , line 6 , to strike out all after “ reservations” down
remonstrating against any further reduction of the duty on
tropical sugar, and also the sugar plank of the Republican to and including “act,” line 8 .
On page 4 , line 17, after “ disposition,” to insert “ until fur­
national platform of 1906, together with the promises to farmers
from the National Campaign Text-Book of 1000. I move that it ther action by Congress.”
On page 4, to strike out line 18 down to and including com­
be printed as a document.
mon,” line 20 .
The motion was agreed to.
On page 5, line 13, to strike out “ State o f ” and insert
UINTAH INDIAN RESERVATION.
“ States of North or.”
Mr. SMOOT. I ask that 500 additional copies of House
On page 5, line 18, to strike out all after “ meet ” down to
document No. 671, Fifty-seventh Congress, first session, being and including “ shall,” line 21 , and insert “ and.”
a letter from the Secretary of the Interior, transmitting a report
On page 5, line 23, to strike out all after “ assistants ” down
of surveys and examination of the Uintah Indian Reservation to and including “ of ” where it occurs the first time, line 25, and
be printed.
insert “ at such compensation as.”
The VICE-PRESIDENT. Without objection, it is so ordered.
On page 5, line 25, after “ Interior,” to insert “ may ap­
ORDER OF BUSINESS.
prove.”
On page 6 , line 15, after “ respectively,” to insert “ and no
Mr. DEPEW. If the morning business is closed----Mr. GORE. Mr. President, I rise to a parliamentary inquiry. compensation shall be paid to either the commissioners or em­
The VICE-PRESIDENT. The Senator from Oklahoma will ployees after the said six months.”
On page 7, line 1, to strike out “ promptly.”
state his parliamentary inquiry.
On page 7, line 21, after “ may,” to insert “ in the d is c r e t io n
Mr. GORE. I want to know if I am correct in supposing
„
that prior to 2 o’clock unobjected bills on the Calendar are the of the Secretary of the Interior.”
On page 8 , line 17, after “ North Dakota,” to strike out ” as
regular order?
The VICE-PRESIDENT. They are not this morning, as a and insert “ the sums to which.”
On page 8 , line 18, to strike out “ thereto.”
special order was made yesterday by unanimous consent at the
On page 8 , line 19, to strike out all after “ annum” down ro
request of the Senator from New York [Mr. D epew ], and that
and including “ alike,” line 21 .
„ .
t0
will displace the regular order.
On page 8 , line 25, to strike out all after Interior down id
Mr. TELLER. I ask the Senator from New York if he will
„ d
wait a moment until we take a vote on the resolution offered as and including “ Indians,” page 9, line 4.
On page 9, line 9, to strike out “ two dollars and fiftj a
a substitute by the Senator from Ohio [Mr. D ic k ] ? There will
insert “ one dollar and twenty-five.”
n*
*
be no discussion of it at all, I understand.
On page 10, line 1, to strike out “ four hundred and nfteen
Mr. DEPEW. I have yielded the floor several days----Mr. TELLER. If there is to be any discussion, we will not and insert “ not more than two hundred and twenty-live.
On page 10, line 9, after “ appropriation" to insert , o r a j
attempt to continue it.
j
Mr. DEPEW. I yielded to this resolution yesterday when the further appropriation hereafter made for the purpose or
Senator from Ohio in the most bland and amiable way said ing out the provisions of this act."
On page 10, line 22, after “ received” to insert
d.
there would be no possibility of any discussion, and at the
Mr. CLAPP. I move that the Senate concur in the am
end of two hours it was still pending, and I yielded to another
Senator, who said he would take half an hour, and he spoke ments of the House of Representatives.
T h ft m o t io n WAS JlSTped to .
four. I think I must insist on the consideration of House bill
INJURIES TO GOVERNMENT EMPLOYEES.
21844, according to the unanimous consent given yesterday.
The VICE-PRESIDENT. The morning business is
HOUSE BILLS REFERRED.
nd, under the unanimous consent agreement, the Chai
*
H. R. 21129. An act to provide for refunding stamp taxes
on.
paid under the act of June 13, 1898, upon foreign bills of ex­ efore the Senate House bill 21844.
The Senate, as in Committee of the Whole, reOTinedt
change drawn between July 1, 1898, and June 30, 1901, against
the value of products or merchandise actually exported to for­ ideration of the bill (H. R. 21844) granting to certain
eign countries, and authorizing rebate of duties on anthracite iloyees of the United States the right to receive from 11
coal imported into the United States from October 6 , 1902, to lensation for injuries sustained in the course of their e
January 15. 1903, and for other purposes, was read twice by
1 The VICE-PRESIDENT. The Secretary■will state_ the peo^
1
its title and referred to the Committee on Finance.
H. J. Res. 191. Joint resolution requiring estimates for the ng amendment, which is the amendment offered b_
w0rdS
clerical service to be transmitted to Congress, was read twice rom Mississippi [Mr. M cL a u r i n ].
The S ecretary. On page 2, line 11, strike °ut
f the
by its title and referred to the Committee on Appropriations.
CONFERENCE OF GOVERNORS.

The VICE-PRESIDENT laid before the Senate the follow­
ing concurrent resolution of the House of Representatives,
which was read:
the Souse of Representatives ( the Senate concurring),
there be printed and bound 50,000 copies of the proceedings of
t “e conference of the governors of the States and Territories, called by
the President of the United States, to he held May 13, 14, and 15,

1Secretary of Commerce and Labor and insert c ”
^
Jnited States for the district in which the injury s l ini rt
The Senator from Utah [Mr. S u t h e r l a n d ] moved to
.f
he word “ circuit” before the word
court, -0
imended the clause will read:
b tba

All questions of negligence or misconduct shall 1 d e t e r ® : y
be
ircuit court of the United States for the district In which uw.
s inflicted.

1908.

CONGRESSIONAL RECORD— SENATE.

of tlie Secretary of the Treasury, cause plates and dies to be
engraved, in the best manner to guard against counterfeiting
find fraudulent alterations, and shall have printed therefrom,
and numbered, such quantity of circulating notes, in blank,
of the denominations of $5, $10, $20, $50, $100, $500, $1,000,
and $10 ,000 , as may be required to supply the associations en­
titled to receive the same. Such notes shall state upon their
face that they are secured by United States bonds or other se­
curities, certified by the written or engraved signatures of the
Treasurer and Register and by the imprint of the seal of the
Treasury. They shall also express upon their face the promise
°f the association receiving the same to pay on demand, attested
* y the signature of the president or vice-president and cashier.
>
The Comptroller of the Currency, acting under the direction
°f the Secretary of the Treasury, shall as soon as practicable
cause to be prepared circulating notes in blank, registered and
countersigned, as provided by law, to an amount equal to fifty
her cent of the capital stock of each national banking associa­
tion ; such notes to be deposited in the Treasury or in the sub­
treasury of the United States nearest the place of business of
each association, and to be held for such association, subject
j? the order of the Comptroller of the Currency, for their dehyery as provided by law: P r o v i d e d , That the Comptroller of
toe Currency may issue national-bank notes of the present form
Until plates can be prepared and circulating notes issued as
a«ove provided: P r o v i d e d , h o w e v e r , That in no event shall bank
botes of the present form be issued to any bank as additional
clrculation provided for by this act.’
Sec. 12. That circulating notes of national banking associa“on^ W
hen presented to the Treasury for redemption, as pro­
ved in section 3 of the act approved June 20, 1874, shall be
edeenied in lawful money of the United States.
r Sec. 13. That all acts and orders of the Comptroller of the
J'hrrency and the Treasurer of the United States authorized by
act shall have the approval of the Secretary of the Treasr
who shall have power, also, to make any such rules and
Relations and exercise such control over the organization and
anagement of national currency associations as may be neces17 to carry out the purposes of this act
g Sec. 14 . That the provisions of section 5191 of the Revised
ei'ir eS’
reference to the reserves of national banking assop 'r‘°os, shall not apply to deposits of public moneys by the
ued States In designated depositaries.
as Sec. i s . That all national banking associations designated
g. 5 ° fular depositaries of public money shall pay upon all
Tr lU ant* additional deposits made by the Secretary of the
fcasury in such depositaries and all such associations desigaj. f ,‘ as temporary depositaries of public money shall pay upon
sums of public money deposited in such associations in*est at such rate as the Secretary of the Treasury may prea'rj ,e* not less, however, than one per cent per annum upon the
,p.erage monthly amount of such deposits: P r o v i d e d , h o w e v e r ,
'J t nothing contained in this act shall be construed to change
:>
* modify the obligation of any association or any of its officers
ar the safe-keeping of public money: P r o v i d e d f u r t h e r , That
a ® rate of interest charged upon such deposits shall be equal
a uniform throughout the United States.
t} *-EC. 16. That a sum sufficient to carry out the purposes of
preceding sections of this act is hereby appropriated out of
« ™°ney in the Treasury not otherwise appropriated.
« Sec. 17 . That a Commission is hereby created, to be calk'd
v e National Monetary Commission,’ to be composed of nine
,
embers of the Senate, to be appointed by the Presiding Officer
. ereof, and nine Members of the House of Representatives, to
aPpointed by the Speaker thereof; and any vacancy on the
^mmission shall be filled in the same manner as the original
appointment.

n, ‘ s ec. 18. That it shall be the duty of this Commission to inJJlre into and report to Congress at the earliest date practicable,
uit changes are necessary or desirable in the monetary sysmm of the United States or in the laws relating to banking
"bd currency, and for this purpose they are authorized to sit
Ering the sessions or recess of Congress, at such times and
£Iaces as they may deem desirable, to send for persons and
|iaPers, to administer oaths, to summons and compel the atendance of witnesses, and to employ a disbursing officer and
such secretaries, experts, stenographers, messengers, and other
f slants as shall be necessary to carry out the purposes
v ,lich said Commission was created. The Coi|inii; f “
2 ! e the Power, through subcommittee or otherwise to gam in e
fatnesses and to make such Investigations and examinations,
!? M s or other countries, of the subjects committed to their
, rRe as they shall deem necessary.
a
niirniimo
Sec. 19. That a sum sufficient to carry out the purposes of




7045

sections 17 and 18 of this act, and to pay the necessary expenses
of the Commission and its members, is hereby appropriated, out
of any money in the Treasury not otherwise appropriated. Said
appropriation shall be immediately available and shall be paid
out on the audit and order of the chairman or acting chairman
of said Commission, which audit and order shall be conclusive
and binding upon all Departments as to the correctness of the
accounts of such Commission.
“ Sec. 20. That this a ct shall expire b y limitation on the 30th
day of June, 1914.”
And the Senate agree to the same.
N elson W . A ldbich ,
W . B. A l lis o n ,
E ugene H ale ,
M a n a g e r s o n t h e p a r t o f t h e S e n a te .

E dwabd B. V reeland ,
T heodore E. B urton ,
J ohn W . W e e k s ,
M a n a g e r s on th e p a r t o f th e H o u se .

Mr. ALDRICH. Mr. President, I ask that the conference re­
port be printed for the use of the Senate. I give notice that
to-morrow morning after the routine business shall move that
the Senate proceed to the consideration of this report, and I
shall ask the Senate to proceed continuously with its consider­
ation and discussion until it shall have been disposed of.
Mr. CULBERSON. I notice, so far as the conference report
was read, that it is signed by only three conferees on the part
of the House and three on the part of the Senate. I desire to
inquire whether there were any conferees on the part of the
House and on the part of the Senate who did not sign the
Report?
Mr. ALDRICH. The Democratic members of the conference
on the part of both the House and the Senate declined to sign
the report.
The VICE-PRESIDENT. The report of the committee of
conference will be printed and lie on the table.
INJURIES T G VERNM
O O
ENT EM
PLOYEES.
The Senate, as in Committee of the Whole, resumed considera­
tion of the bill (H. R. 21844) granting to certain employees of
the United States the right to receive from it compensation
for injuries sustained in the course of their employment.
Mr. NEWLANDS. Mr. President, I wish to add----Mr. ALDRICH. I move that the Senate proceed to the con­
sideration of executive business.
The VICE-PRESIDENT. The Senator from Nevada [Mr.
N e w l a n d s ] is entitled to the floor.
.
Mr NEWLANDS. Mr. President, I wish to add but a tew
words. I had it in mind to answer the question of the Sena­
tor from Mississippi [Mr. M cL a u b in ], but this bill has been
Dendio- so long, it has been so thoroughly considered by the
Senate and doubtless has the favorable view of the majority
of the Senate, that I now ask—and I call the attention of the
Senator from New York to my request—unanimous consent that
the Senate before adjournment, and without further debate,
pass on the amendments and the bill.
Mr DEPEW. Mr. President, this bill, or the substance of it,
has been before both Houses all winter. There are 2,000,000
voters in the United States who are intensely interested in the
passage of the bill and in securing this legislation during the
current session. It has been considered all day and is nearly
perfected. I think twenty or thirty minutes would complete
the further consfderation of the bill and enable us to pass i .
Then it could be concurred in by the other House and become
a law before Congress adjourns.
I know of no measure, except perhaps the one which t h e
Senator from Rhode Island [Mr. A ldrich ] has just presented,
in which the voters of the United States are more deeply inter­
ested than they are in securing this reform, giving them, as it
does a right which is granted to all employees engaged in every
branch of private employment In the country, but denied to
the emplovees of the Government The bill is as limited as it
could be, ‘its application being confined only to those who are
engaged in hazardous and dangerous employment I therefore
trust”that the Senate will proceed to and conclude the consid­
eration of the bill to-night, and I ask unanimous consent that
a vote be taken before tbe adjournment.
Mr. TELLER. Mr. President, I object to that.
The VICE-PRESIDENT. Objection is made.
Mr. DEPEW. I desire to give notice that at the earliest
practicable moment to-morrow morning I shall endeavor to
bring up the bill to compensate employees of the Government
injured in the course of their employment,




CONGRESSIONAL RECORD— SENATE.

7046

May 27,

Sec. 2 . That within ninety days from the passage of this act the
Interstate Commerce Commission shall formulate r e la t io n s for the
safe transportation of explosives and said regulations shall be binding
upon all common carriers engaged in interstate commerce which tranfr
nort explosives by land, and violations of them shall be subject to the
penalties hereinafter provided. The Interstate Commerce*
on its own motion or upon application made by any interested party,
may make changes or modifications of the regulations for the safe tram>
portadon of explosives, made desirable by new' information or altered
conditions and such changed regulations shall have all the force of th
odgiual regulations. The regulations for the safe transportation o
explosives referred to in this section shall be in accord with the best
known practicable means for securing safety in transit, covering th
packing^ marking, loading, handling while in transit, and the precaw
tiens necessary to determine whether the material when offered is
proper condition to transport. The regulations for the safe transports
tion of explosives shall take effect three months after their formulation
and publication by the Interstate Commerce Commission, and shall u
®
in effect until reversed, set aside, or modified.
The VICE-PRESIDENT. Is there objection to the request of
Sec. 3, That it shall be unlawful to transport carry, or' cent y
the Senator from Oklahoma? The Chair hears none, and per­ liquid nitroglycerine, fulminate in bulk in dry condition, or other »
explosive between a ’place in a foreign country and a p ace w'thin be
mission is granted.
United States, or a place in one State, Territory, or District of
The letter referred to is as follows:
United States and a place in any other State, Territory, or Distr.
thereof, on any vessel or vehicle of any description g r a t e d by a «
Washington , May 25, 1908.
mon carrier in the transportation of passengers or aitides of comm
Hon. Robert L. Owen,

UNCLE SAM O COM
IL
PANY.
// Mr. OWEN. I present a letter which I ask to have printed
in the R ecord. The letter explains the attitude of the Kansas
|City Star with regard to a certain matter that was supposed
jto have been inserted in that paper against the Uncle Sam Oil
f Company, and in the interest of the Standard Oil Company,
| without having been marked as an advertisement. In point of
fact, it appears that it was marked as advertising matter, and
the Kansas City Star being one of the great newspapers in
the West and the one standing highest in that section of the
country, I thought the correction ought to be made on the faceof the R ecord for their benefit. I therefore ask that the letter
be printed in the R ec or d .

United States Senate.

,

I

D e \ r S i r : In the memorial of the Uncle Sam Oil Company, printed

as a public document at your request, a most misleading statement
is made with reference to the Kansas City Star. In the memorial
referred to it is said: “ That the next month after said advertisements
were first published the Standard Oil Company sent one P. C. Boyle*e d i t o r of the Oil City Derrick, of Oil City, Pa., to Kansas City, MoJ
and through him paid the Kansas City Star, a newspaper published at
Kansas City, Mo., the sum of $2,471 for publishing reading matter in
said paper favorable to the Standard Oil Company.”
The inference to be drawn from this statement is that the Kansas
City Star published reading matter of the nature of an ordinary news
article for which it had received money. It is shown in the depositions
of the business manager and the managing editor of the Kansas City
Star, taken while litigation was pending, in which the Uncle Sam Oil
Company was involved, that Mr. P. C. Boyle did offer the reading
m atter” referred to to the Staras advertising matter and that pub-:
lication of it was refused. Mr. Boyle was informed that the Stan
would not print the matter offered unless it was marked so as to
clearly show it was advertising matter. With this understanding the
advertising was accepted, and the articles appeared in the paper each
marked “ adv.”
.
_ ,
.
,. , I
Under these circumstances no one of the S tars readers could have
failed to understand that the Star had disclaimed all responsibility fof
the appearance of the articles or that the space had been taken at
advertising rates.
Very respectfully,

R- H. L indsat,

C o r r e sp o n d e n t.

b>Sl cnd4°1
E
EvertUpackage containing explosives or other dangerous ii^
y
tides when presented to a common carrier for shipment shall
nlainlv marked on the outside thereof the contents thereof, and «
shall he unlawful for any person to deliver, for interstate or fore g
t rans por tat ion! to any common carrier engaged in interstate or foreign
commerce bv land or water, or to cause to be delivered, or to ca .•
anv explosive, or other dangerous article, under any false or d® Pu or
.c®
making, description, invoice, shipping order, or other declaration.^
without informing the agent of such carrier of th© tm
thereof, at or before the time such delivery or carriage Is made.
w
Sec. 5. That every person who knowingly violates, o r
violated, any of the foregoing provisions of this act a
h
a
nguilty of a misdemeanor, and upon conviction thereof shall b e ]
fshed for each offense by a fine not exceeding $2,000. or by g g r f j g .
ment not exceeding eighteen months, or by both such fine and impn*
ment, in the discretion of the court.
,
,, ftC
ts
See 6. That this act shatl take effect immediately, and all
or carts of acts in conflict therewith are hereby repealed, e* n
section 4422 of the Revised Statutes of the United States, which sb
remain in full force and effect.

Mr. GORE. Mr. President, if I am in order, I object to tb«
present consideration of the bill.
.
The VICE-PRESIDENT. Objection Is made, and the
will go over.
•
. _
Mr. KEAN. I have no objection to that; but I want to
that this bill is rather an important one, and I shall call
up at an early day.
. t0
Mr. GORE subsequently said: Mr. President, I desire
withdraw my objection to the passage of the bill relative
the interstate transportation of explosives. I am willing » ‘
it shall go through the Senate, if it is properly s a f e g u a r d s Mr. KEAN. I ask that the bill be again laid before
Senate.
*
, ....
.
apd
Mr. TELLER. I should like to have the bill printed »
have it go over until to-morrow. It is a very importan
and I should like to know something about it.
Mr. KEAN. That is perfectly satisfactory.
, Iie
The VICE-PRESIDENT. The bill will be printed ana
over.

I

L C M T E ASH PANS.
O O O IV
The bill (H. R. 19795) concerning locomotive ash pans was
read twice by its title.
--------- *
Mr. FORAKER. Mr. President, a similar bill to that was in­
troduced in the Senate and is now under consideration by the
Committee on Interstate Commerce. I was hoping to have a
report from that committee by the time this bill was received,
so that I might move to substitute the Senate bill for the House
b ill; but that is impossible under the circumstances, and I ask
that this bill may be referred to the Interstate Commerce Com­
mittee. I hope I may be able to get a report on it in time to
pass it at this session of Congress.
The VICE-PRESIDENT. The bill will be referred to the
Committee on Interstate Commerce.
FORT DOUGLAS MILITARY RESERVATION EASEMENT.
INTERSTATE TRANSPO
RTATIO O EXPLO
N F
SIVES.
The VICE-PRESIDENT laid before the Senate the a
The VICE-PRESIDENT laid before the Senate the bill (H. R. ; merits of the House of Representatives to the bill (• •
17228) to promote the safe transportation in interstate com­ I granting a perpetual easement and right of way to iw
fe.
merce of explosives and other dangerous articles, and to pro­ | City, Utah, for the construction, operation, mamtenamvide penalties for its violation, which was read twice by its j pair, and the renewal of a conduit and pipe l*n®
atloJ»5
! houses upon and across the Fort Douglas Military Keser
title.
Mr. KEAN subsequently said: I am authorized by the Com­ which were on page 2 , after line 12 , to insert:
B
I,thori^
mittee on Interstate Commerce, to whom was Referred the bill
Sec. 2. That the Secretary of War be, and he is
r»elaW*r®
im.
0f way
(H. R. 17228) to promote the safe transportation in interstate i ami empowered, upon the release to the United States
! and Hudson Company, or its subsidiary companies, or all>ri»“ mpani«®
commerce of explosives and other dangerous articles, and to and other easements of said company and of its substaiarj j.arriirt'provide penalties for its violation, to report it favorably, and within the limits of the military reservation of 1Jattsour* aS sflta
j
I ask for its present consideration. If the bill creates any dis­ at Plattsburg, in the county of Clinton and State of New *ot '(< pet*'
! reservation existed prior to January 1. 1800. to convey f , ,,,K
>ratlc?
cussion, I shall not press it.
ware and Hudson Company, its successors and assigns, for ‘
^ouThe VICE-PRESIDENT. The Secretary will read the bill nnd maintenance of Its railway, a right of way loO feet
^
wm.
said military reservation, together with a right of * a> occupy, afts
for the information of the Senate, subject to objection.
along the north end of the reservation, and the right «-itDiu
The Secretary read the bill, as follows:
! use about 2 acres in the northeast corner of th* “ Jf®; n,eD
1oraDdl!2
Be it enacted, etc., That It shall be unlawful to transport, carry, or described In and shown upon a blueprint attached to » “ twJ S t a ^
Sta*
convey any dynamite, gunpowder, or other explosive between a place ! of agreement made between said company and tnc ■
in any foreign country and place within the United States, or a place represented by MaJ. J. G. Galbraith, Inspector-Gen r
H d jt-ac
a|
used f , j
in any State, Territory, or District of the United States, and a place j Army, in October, 1906: P r o v i d e d , That except u G
in any other State, Territory, or District thereof, on any vessel or tract in the northeast corner of the reservation, which may lallthoriU.
vehicle of any description operated by a common carrier, which vessel or j the storage of cars, engines, etc., the right of: w* J’ K r poS<.8
vehicle is carrying passengers for hire: Prodded, That it shall be law­ to be granted shall be used for main and P f
n )in 1 tb** (J.
V
w
ful to transport on any such vessel or vehicle small arms ammunition and not for the storage of cars engines.e t c ..t h e r e n .
In any quantity, and such fusees, torpedoes, rockets, or other signal occupation and use of any land within the reserya
nrescrib® <
devices as may be essential to promote safety In operation, and prop­ ject to such restrictions as the Secretary of Wat^ may Z teaa#«e 9
erly packed and marked samples of explosives for laboratory examina­ protect the interests of the United States and for the
tion, not exceeding a net weight of l pound each, and not exceed­ j good order and discipline on said military reservation.
c e t’
ing 20 samples at one time in a single vessel or vehicle; but such
of tb®
samples shall not be carried in that part of a vessel or vehicle which is j And to amend the title so as to read: “An act
intended for the transportation of passengers for hire: And provided tain rights of way and providing for certain excu. &
further, That nothing in this section shall be construed to prevent the same."
oinui*
transportation of military or naval forces with their accompanying
I Mr. nr Ll; Kit SOX. I ask if this is another one or i
munitions of war on passenger equipment vessels or vehicles.

A

1908.

CONGRESSIONAL RECORD-SEN ATE.

7101

the District of Columbia—to the Committee on the District of 94 and 205S4, a general employers’ liability law, and bill limit­
ing a day’s labor to eight hours upon work done by the Gov­
Columbia.
By Mr. ACHESON: Petition of Western Society of Engi­ ernment—to the Committee on the Judiciary.
By Mr. L E E : Paper to accompany bill for relief of Thomas
neers, of Chicago, favoring H. R. 6122, to further work of Geo­
logical Survey, etc.—to the Committee on Rivers and Harbors. J. Holmes—to the Committee on War Claims.
By Mr. LINDSAY: Petition of James P. Boyle, against any
By Mr. BURTON of Ohio: Petition of citizens of Cleveland,
Ohio, for the enactment of the bills II. R. 94 and 20584, a gen­ amendment or treaty provision to extend right of naturaliza­
eral employers’ liability law, and bill limiting a day’s labor to tion, etc.—to the Committee on Immigration and Naturaliza­
eight hours upon work done by the Government—to the Com­ tion.
By Mr. MAYNARD: Petition of citizens of Virginia, for
mittee on the Judiciary.
By Mr. CALDERHEAD: Petition of citizens of Kansas, amendment to Sherman antitrust law (H. R. 205S4), and for
favoring a volunteer officers’ retired list—to the Committee on Fearre bill (H. R. 94), employers’ liability bill, and the eighthour bill—to the Committee on the Judiciary.
Military Affairs.
By Mr. MOORE of Pennsylvania: Petitions of San Domingo
By Mr. CARY: Petition of citizens of Milwaukee, Wis., for
amendment to Sherman antitrust law (H. R. 20584), and for Council, No. 236; Bishop Neuman Council, No. 989, and Cabella
Pearre bill (H. R. 94), employers’ liability bill, and the eight- Council, No. 328, for H. R. 7559, making October 12 a legal holi­
day—to the Committee on the Judiciary.
bour bill—to the Committee on the Judiciary.
Also, petition of Mrs. E. H. Reid and other citizens of Penn­
By Mr. CAULFIELD: Petition of James McIntyre, John
Winn, and J. R. Fleming, for the amendment to the Sherman sylvania, favoring concurrent resolution 28, against Russian
antitrust law known as the “ Wilson b ill’’ (H, R. 20584), for atrocities—to the Committee on Foreign Affairs.
By Mr. NEEDHAM: Petition of citizens of Santa Cruz
the Pearre bill (H. R. 94), the employers’ liability bill, and the
County, for H. R. 20584, amendment to the Sherman antitrust
eiRht-hour bill—to the Committee on the Judiciary.
By Mr. COOPER of Pennsylvania: Petition of Uniontown law, and for the Pearre bill (H. R. 94), employers’ liability bill,
Council, No. 1275, Knights of Columbus, for II. R. 7559, making and the eight-hour bill—to the Committee on the Judiciary.
By Mr. NICHOLLS: Petition of Scranton Council, No. 280,
October 12 a legal holiday—to the Committee on the Judiciary.
By Mr. COOPER of Texas: Petitions of W. J. Pendergrast Knights of Columbus, for EL R. 7559, making October 12 a
und Louis Dequot, of Port Arthur, Tex., and Paul Koch, B. M. legal holiday—to the Committee on the Judiciary.
By Mr. O’CONNELL: Petition of citizens of Quincy, Mass.,
Patterson, William Webber, J. R. Briggs, John Goldbart, T.
Cohlman, L. Clark, George Grete, George Warner, August Goebe, i for H. R. 20584, amendment to Sherman antitrust law, and for
Herman Schroe, William Garrett, Charles Fisher, Martin Olsen, ; the Pearre bill (H. R. 94), employers’ liability bill, and the
"•
Maitregeau, M. J. Smith, Frank Palmer, Joe Manning, ! eight-hour bill—to the Committee on the Judiciary.
By Mr. REEDER: Petition of Walter Schmidt, against the
Prank Burke, William Murphy, George W. Elect, W. B. Hen­
drick, Frank Camp, and C. B. Maitre, for H. R. 20584, amend- Penrose bill, amending section 3893 of Revised Statutes—to the
ment to Sherman antitrust law, and for the Pearre bill (H. R. Committee on the District of Columbia.
Also, petition of Mrs. Minnie Kraminer and others, favoring
p )> employers’ liability bill, and the eight-hour bill—to the
passage of Littlefield and Sims bills—to the Committee on the
committee on the Judiciary.
By Mr. CURRIER: Petitions of Ilillsboro (N. H.) Grange Judiciary.
Also, petition of Annual Conference of Kansas Evangelical
j citizens of Elizabethtown, Pa., for a national highways comtrw^!°n an(* federal aid in road construction (H. R. 15S37)— Association, assembled at Holton, Ivans., favoring the Littlefield
the Committee on Agriculture.
original-package bill—to the Committee on the Judiciary.
By Mr. SHERMAN: Petition of various councils, Knights
r> 'I, ^ r- DALZELL: Petitions of Harrisburg, Allegheny, and
mni.i 0 C llncHs, Knights of Columbus, favoring H. R. 7559, of Columbus, favoring H. R. 7559, making October 12 a legal
0
Judicia ^ C
*°kei* ^ a *ega^ holiday—to the Committee on the holiday—to the Committee on the Judiciary.
By Mr. SULZER; Petition of Charles Young, for inserting,
Mr. DWIGHT: Petitions of Cigar Packers’ Union, No. 229, after the word “ print,” in the Stevens bill, tbe words “ wrap­
na Garment Workers’ Union, No. 44 , of Binghamton, N. Y., for ping paper and paper used in the manufacture of paper bags ”
ne enactment of the bills II. R. 94 and H. It. 20584, a general to the Committee on Ways and Means.
Bv Mr. TAYLOR of Alabama: Petitions of George Thorsen,
lployors’ liability law, and bill limiting a day’s labor to eight
mrs upon work done for the Government—to the Committee L. M. Teal, R. S. Williams, J. C. Kendrick, Charles Beasley,
G. A. Lamb, C. L. Gaba, G. A. Phillips, P. J. Doherty, Boone B.
°h the Judiciary.
By Mr. ESCH: Petition of citizens of La Crosse, Wis., for the Trawick, Miss liessie Mags, Sam L. Wade, P. Jensen, W. T.
enactment of the hills II. R. 94 and 20584, a general employers’ Burleigh. W. T. Batter, Louis Turner, B. T. Amas, R. B. Welch,
•
“ability law, and bill limiting a day’s labor to eight hours upon Charles W. Le Blanc, George W. Riley, and many other citizens
^’ork done by the Government—to the Committee on the of the city of Mobile, for amendment to the Sherman antitrust
law (El. R. 205S4), for the Pearre bill (El. R. 94), for a just
Judiciary.
By Mr. GOULDEN: Petition of United Master Butchers of nnd clearly defined general employers’ liability Jaw, and for an
America, of New York City, favoring amendment of the Stevens eight-hour'law—to the Committee on the Judiciary.
By Mr. WILSON of Pennsylvania: Petition of Local Union
bill relative to duty on wrapping paper, etc.—to the Committee
No. 2098, United Mine Workers of America, of Antrim, Pa., for
0n Mays and Means.
By Mr. GRANGER: Petitions of Four Leaf Clover Club and amendment to Sherman antitrust law (H. It. 20584), and for
J'lnbreaso Club, of Providence, It. I., for passage of II. It. 18445, Pearre bill (II. R. 94), employers’ liability bill, and the eightJ0 .investigate and develop methods of treatment of tubercu­ hour bill—to the Committee on the Judiciary.
losis—to the Committee on Interstate and Foreign Commerce.
T« . Mr' GREENE: Papers to accompany bills for relief of
SEN A TE.
Lizzie S. Alty, Catherine Green, and Capt. Isaac D. Pease—to
T h u rsday , M a y 2 8 , 1 9 0 8 .
Committee on Invalid Pensions.
, By Mr. HAMMOND: Petition of II. A. Batsche nnd other
Prayer by Rev. U l y s s e s G. B. P ie r c e , of the city of Wash­
citizens of Minnesota, for the amendment to the Sherman anti­ ington.
trust law known as the "Wilson b ill” (II. It. 20584), for the
The Secretary proceeded to read the Journal of yesterday’s
fearre bill (H. It. 9 -1 ), the employers’ liability bill, and the proceedings.
eight-hour bill—to the Committee ou the Judiciary.
Mr. FULTON. I ask unanimous consent that the further
By Mr. HAYES: Petition of the United Metal Trades Asso­ reading be dispensed with.
ciation of the North Pacific coast, against anti-injunction legis­
The VICE-PItESIDENT. The Senator from Oregon asks
lation—to the Committee on the Judiciary.
unanimous consent that the further reading of the Journal be
Also, petition of A. L. Adnins, for legislation looking to the dispensed with. Is there objection?
conservation of the natural resources of the country—to the
Mr. GORE. Mr. President. I object.
Committee on the Judiciary.
The VICE-PRESIDENT. Objection is made. The Secretary
Also, petition of Outdoor Art League of Ran Jose, for legisia- ; will continue the reading of the Journal.
tton to preserve the Calaveras big trees—to the Committee on s The Secretary resumed nnd concluded the reading of the
Agriculture.
J o u r n a l , a n d it was approved.
By Mr. KELIHER: Petition of Central Council of Irish
MESSAGE FROM TIIE HOUSE.
Country Clubs against treaty nlliauce with Great Britain—to
A message from the House of Representatives, by Mr W J
the Committee on Foreign Affairs.
By Mr. KNOW LAND: Petition of sundry citizens of Oakland, B r o w s i n g , its Chief Clerk, announced that the House had
Berkeley, and Chico, Cal., for the enactment of the bills II. R. agreed to the report of the committee of conference on the dis-







4

CONGRESSIONAL RECORD— SENATE.

7102

agreeing votes of the two Houses on the amendment of the
House to the bill (S. 6190) authorizing a resurvey of certain
townships in the State of Wyoming.
The message also announced that the House had passed tne
following bills with amendments, in which it requested the con­
currence of the Senate:
.
S. 2295. An act to extend the time within which the vvasnington and Western Maryland Railroad Company shall be re­
quired to complete the road of said company, under the piovisions of an act of Congress approved March 2, 1899, as
amended by an act of Congress approved June 28, 1906, ana
S. 5083. An act to amend section 1 of the passenger act ot
1882
The message further announced that the House had passed
the bill (S. 6418) authorizing the sale of lands at the head o
Cordova Bay, in the Territory of Alaska, and for Jjther pi
poses, with an amendment, in which it requested the eonci
The message also announced that the House had passed the
following bills, in which it requested the concurrence of the
S(Ha R. 17979. An act requiring common carriers engaged in in­
terstate and foreign commerce to make full reports of a lla cci­
dents to the Interstate Commerce Commission and authoi i/.n g
investigations thereof by said Commission; and
H. R. 21449. An act to amend an act entitled An act to re­
vise and amend the tariff laws of the Philippine Islands, and
for other purposes,” approved March 3, 1905.

ments to the so-called “ Sherman antitrust law ” relating to
labor organizations, which was referred to the Committee on
the Judiciary.
,
. _ .
He also presented a petition of the Trades and Labor C
of La Crosse, Wis., praying for the adoption of certain amend­
ments to the Constitution, which was referred to the Committee
on the Judiciary.
FORT DOUGLAS MILITARY RESERVATION.

Mr. WARREN. 1 am directed by the Committee on Military
Affairs, to whom were referred the amendments of the I oust
of Representatives to the bill (S. 6200) granting a perpe ua
easement and right of way to Salt Lake City, Utah, o
construction, operation, maintenance, and repairs of com
and pipe lines and valve houses upon and across the <
Douglas Military Reservation, to report them favorably, ana i
move that the Senate concur in the amendments.
.
Mr. ALDRICH. I must object. I must object to anythin*
being considered.
The VICE-PRESIDENT. Objection is made.
Mr. SUTHERLAND. I hope the Senator from Rhode Islafih
will permit the amendments of the House to this bill to D
concurred In. It will take but a moment.
t
Mr. ALDRICH. I gave notice yesterday that I should asa
the Senate to consider the conference report on the currency
measure. After that is out of the way there will be amp
time for the consideration of bills on the Calendar.
The VICE-PRESIDENT. The bill and amendments of tn®
House will be placed on the Calendar.
LOCOMOTIVE ASH PANS.

ENROLLED JOINT RESOLUTION SIGNED.

The message further announced that the Speaker of the
House had signed the enrolled joint resolution (S. R. 6 ) direct­
ing the selection of a site for the erection of a pedestal tor a
bronze statue in Washington, D. C., in honor oe John Wither­
spoon, and it was thereupon signed by the Aice-1 resident.
PETITIONS AND MEMORIALS.

The VICE-PRESIDENT presented a petition of Local t'Dion
No. 131, United Brotherhood of Carpenters and Joiners of
America, of Seattle, "Wash., praying for the adoption of certain
amendments to the so-called “ Sherman antitrust law ” relating
to labor organizations, which was referred to the Committee on
the Judiciary.
„„ _
,
.
Mr. GALLIXGER presented a petition of the Womans Chris­
tian Temperance Union, of Sandwich, N. II., praying lot the
enactment of legislation to prohibit the manufacture and sale
of intoxicating liquors in the District of Columbia, which was
referred to the Committee on the District of Columbia.
Mr. PILES presented a petition of Local Union No. 131,
United Brotherhood of Carpenters and Joiners of America, of
Seattle, Wash., praying for the adoption of certain amendments
to the so-called ’*Sherman antitrust law ” relating to labor or­
ganizations, which was referred to the Committee on the Ju­
diciary.
Mr. BRANDEGEE presented petitions of sundry citizens and
labor organizations of East Norwalk, Danbury, and South Nor­
walk, all in the State of Connecticut, praying for the adoption
of certain amendments to the so-called “ Sherman antitrust
Jaw” relating to labor organizations, which were referred to
the Committee on the Judiciary.
Mr. LA FOLLETTE presented a petition of sundry citizens
of Superior, Wis., praying for the adoption of certain amend­
ments to the so-called “ Sherman antitrust law ’’ relating to
labor organizations, which was referred to the Committee on
the Judiciary.

He also presented memorials of sundry organizations of
Manitowoc, Milwaukee, Norwood, Stillwater, La Crosse, and
Fond du Lac, all in the State of Wisconsin, remonstrating
against the enactment of legislation to regulate the interstate
transportation of intoxicating liquors, which w-ere ordered to
lie on the table.
He also presented petitions of sundry citizens of Jersey City,
N. J.; of Miami, Fla., and of St. Louis, Mo., praying for the
enactment of legislation to prohibit the giving to or receipt
of any free frank or privilege for the transmission of messages
by telegraph or telephone and to prevent discriminations in
interstate telegraph and telephone rates, which were referred
to the Committee on Interstate Commerce.
Mr. BUItKETT presented sundry petitions of citizens of Al­
liance, Xebr., praying for the adoption of certain amendments
to the so-called “ Sherman antitrust law ” relating to labor
organizations, which were referred to the Committee on the
Judiciary.
M r. STEPHENSON presented a petition of sundry citizens
of Milwaukee, Wis., praying for the adoption of certain amend­

M a y 28,

Mr. FORAKER. I report back favorably, with amendments,
from the Committee on Interstate Commerce, the bill (H- y19795) concerning locomotive ash pans, and I want to g1' ^
notice that at the earliest opportunity I shall ask for its con­
sideration.
_
The VICE-PRESIDENT. The bill will be placed on the cal­
endar.
BILLS IN O U ED
TR D C .
Mr. WARREN introduced a bill (S. 7254) to increase tM
efficiency of the Army of the United States, which w a sr e
twice by its title and referred to the Committee on MUuau
vtYi irs
Mr. PILES introduced the following bills, which were **'•
erally read twice by their titles and referred to the Cowumi
on Claims:
„ „
„nd
A bill (S. 7255) for the relief of Edward P. T r em p er, ana
A bill (S. 7250) for the relief of Matthew B. Malloy.
Mr. FLINT introduced a bill (S. 7257) providing a ni ;
for acquiring title to private holdings in the Sequoia ana u*
eral Grant national parks, in the State of California, m ' “
are big trees and other natural curiosities and wonders,
was read twice by its title and referred to the Committee
Public Lands.
for the
Mr. CLARK of Wyoming Introduced a bill (S. * - fy
titje
relief of Charles Kingston, which was read twice bj us
and referred to the Committee on Claims.
f o£
Mr. TELLER introduced a bill (S. i259) for the r e; ^
Edwin P. Harman, which was read twice by its title
ferred to the Committee on Claims.
^
Mr. CLAPP introduced the following bills, which no
erally read twice by their titles and referred to the Comma
“ / S T ( g . 7260) for the relief of Sylvester Peterson (viith
accompanying papers);
A bill (S. 7261) for the relief of R. D. J o h n s t o n ;
p .i r b e r ,
A bill (S. 7262) for the relief of the estate of R o b e r t Ba
deceased; and
A bill (S. 7263) for the relief of-Milton A. Elliott.
£
Mr. BURKETT introduced a bill (S. 7264) for t h e relief ot
Stephen J. Weekes, which was read twice by its title au
ferred to the Committee on Claims.
Mr. DANIEL introduced a bill (S. 7265) to carry intotffeej
the findings of the Court of Claims in the m a tter of the
of George Boushell and others, which was read twice dj
d referred to the Committee on Claims.
nenartMr. OWEN introduced a bill (S. 726b) to establish « l J tQ
ment of Labor, which was read twice by its title and reft r
”,
the Committee on Commerce.
nrnvuUug
" Mr. DICK introduced a joint resolution (S. R. 96) prio
for extra compensation for officers and employees of the
States Senate, including the members of the Capitol po> »
the fiscal year ending June 30, 190S, which was read twice uj
its title and referred to the Committee on Appropriations.

r

L

1908.

CONGRESSIONAL RECORD— SENATE.

demand upon Congress, there is not virtue enough in this body
or in the other to withstand their demands unless they are so
extortionate and so bad that common decency required us to
reject them. The power of the banks is felt in this country.
I am not one of those who inveigh against banks. I believe
to-day the banking system of the United States, with slight
exceptions, is a very good one. I doubt whether we will ever
get a better one. Of course, 1 know that the doctrinaires say,
“ You have founded your issue of bills upon a debt, and there­
fore it is all wrong. You should have founded your issue upon
gold or silver or something of value.” But the security of the
bill holder is what largely determines the character of the
banking system of the country. If the bill holder is perfectly
safe, the money will'always be good everywhere. It will be good
anywhere in the world. Just as long as the United States stands
baek of a bank its paper will circulate anywhere where civil­
ized men go. It may not circulate as money; people may not
take it; but if I was in the Desert of Sahara to-day with a
million dollars of first-class American bank paper, the first
time I struck a civilized community I would be in funds; and
so it would be everywhere, and so it has been. You can take
your money to Europe and buy exchange with it.
So, Mr. President, I want to keep, if possible, the American
circulation intact. I mean to be fair about this. I do not
mean to say this bill will destroy that condition, but I do Bay
it is the first step, and I have lived long enough and know
enough about public affairs to know that the first invasion
is a lw a y s followed by another. When we have let down the
bars for one animal, we let them down for the herd when it
comes.
Mr. President, was there any necessity for including com­
mercial paper? They tell us there are not bonds enough. I
saw the statement the other day, made authoritatively by some
Kentleman, that we had to put in commercial paper because
there was no other way; there were not bonds enough; and
he gave a short list of bonds. There is in circulation at least
four, if not five or six, times the amount of money that is to be
issued under this so-called “ emergency law." There is not any
Paucity of bonds—municipal bonds, State bonds, county bonds.
If anybody has so much objection to railroad bonds that he
<h>es not want to take railroad bonds, I want to say that, in my
■lodgment, there is not a bond of any railroad company in this
country which has complied with the provisions put in the
Aldrich bill—that it shall have paid dividends on its stock and
interest on its bonds for a certain length of time—that is not
better than John Smith's bond, although he may be worth a
million dollars. There was no need of putting in commercial
Paper except to meet a demand certain banks have made that
they should be allowed to use their commercial paper as they
see fit. With my consent they will not do it.
There is an objection to this bill to which I want very briefly
to call attention. That is the formation of this new association.
Just what it will do I do not know. It is not n bank. But it is
a corporation under the law, If this bill goes Into effect. You
have ten hanks. You must have ten banks with $5,000,000
capital and a certain amount of surplus before they can form
this association. That will enable the great cities, the very
places where we do not want to strengthen the banks, to be
strengthened. New York, Chicago, Boston, and cities of that
hind and cities of very much less population can do what the
country villages and small cities can not do. There are sixteen
States and Territories which can not organize one of these
associations inside of the State. Oh, but they have very gen­
erously provided that you can unite with some other State.
Take South Dakota and North Dakota. Neither one of them
'would be allowed to form an association. They have not suf­
ficient capital. I have a list here of the States: Delaware,
South Carolina, Florida, Mississippi, Arkansas, North Dakota,
South Dakota, Montana, Wyoming, Okluhoma—New Hampshire
would; it has $200,000 more than is necessary—Oregon, Idaho,
Utah, Nevada, and Arizona. New Mexico might have been
added, but It was not. That makes sixteen. The provision that
they may join with some other State is without any benefit to
those people, I think. I do not know that they will suffer
because they do not get one of these organizatious, but if they
are desirable, they ought to have one.
It is the only wny they enn approach the Government with
Commercial pai>er, auvwny. 1 am not certain, but I am rather
inclined to think it will enable the Individual banks, if they
have the Aldrich bill security, to go and get money out of the
Treasury, but if they want to use commercial paper as the basis
of loans, they must go into one of these organizations, and six­
teen States ure practically denied that opportunity.
What is the need of this particular emergency bill now. Is
the need any greuter than It was thirty days ago? Is it any




7111

greater than it was when the committee of the Senate and of
the other body declared they would suspend all operations in
reference to this queiStion and go home? Has somebody got
frightened? Is somebody wielding the big stick and saying
“ this must be done?” We have been hearing for a few days
that it would be exceedingly dangerous for Congress to adjourn
without this legislation. A gentleman said to me the other
day, “ If this Congress adjourns and a panic comes next fall
before tlie election, the Republicans will be wiped from the face
of the earth." I said I hoped that would happen. I did not
fear very much it would, and I did not really hope it would
happen, because I did not think it would. But that is some
reason, I think, perhaps, why this movement has been made all
at once.
Mr. CLAPP. In your hope that it would happen, you would
really want to separate the occurrences—
have the Republican
partv wiped off the earth without the panic.
Mr. TELLER. I would not want a panic for the sake of
wiping the Republican party off the face of the earth, although
the country could stand a good deal for the sake of getting rid
of it. for a while at least. I do not think we are going to have
a panic. I think it is a mistake for men in high public position,
as some of our public men have done—and I do not refer to
anybody here or in the House—to tell us there is to be a panic.
There ought to have been no panic last year. There never
would have been a panic last year if the banking business in
; the great city of New York had been done as it ought to have
been done. There is where the panic started: there is where
the disease was, and, as I said once on this floor, I sustained
the Secretary of the Treasury when he put the money into
New York, because there is where the trouble was. It would
Lave done no good to have sent the money into the great West,
where we did not have a panic. Of course you can not have a
great panic in New York without having something of a panic
all over the country. But in the great West, taking the great
| country west of the Mississippi River, which I call the great
1 West, there were no disturbances. There was some fright, and
| yet I believe in the majority of instances the banks kept open
Jand paid their depositors, although perhaps for a time they
| would not make any loans. I know that was the case in Colo­
i rado, where practically all the banks responded to the calls of
j their depositors for money.
I I do not believe there is any such condition ns demands now
; this kind of legislation, and I think it is a mistake to come
j here and say, “ If you do not do this, we are going to have a
.
j panic.”
j Mr. President, I have not any doubt but that this bill is
going to pass. I have not myself any desire to obstruct it. ^My
duty is done when I vote against it and when I expiess in a
brief way, as I am trying to do, my objections to it.
Thore arc
features
bill that
bo discussed.
j The featfire severalstrikes meof the is the one I have mentioned.
which
most
I know some of my
judgment I have
j great confidence, couldfriends here, in whosethe Aldrich bill. I
not vote with me for
could not see that the Aldrich bill violated any fundamental
principle governing the currency system in this country. I said
I did not believe it was greatly needed, but I followed the line
of those who thought it was needed and said we had better then
i provide something; that it was only an emergency bill. This
bill is an emergency bill, but you have provided that if it is
passed at all it shall continue for six years. Mr. President, if
it is a good bill and if it ought to pass there ought not to be
any limit on it at all. If it is a bad bill and ought not to pass,
the limit is too long.
Mr. President, there is no end to the currency question when
vou come to discuss it. But I do not intend, as I said, to go
over it I want to sav just a few words on one point. I am
a believer in the old doctrine that the basis of good banking
and good currency is the w o r ld ’s money, gold and silver, the
relation of gold and silver being regulated by law. I know
some will tell you that that can not be done. Mr. President, it
has been d o n e for five thousand years in the world’s history.
I have recently had occasion to go back into the ages with the
best extant history of the world. At least four or five thousand
rears before Christ was born the relation between gold and
silver in Egypt, and subsequently in Babylon and later still in
China and India, was governed by law. You will find in the
old tablets that they are now unearthing at Babylon a contract
In silver of a certain standard, one standard of one town and
another standard of another. The fact was that they then
had different standards just as we had later, when France had
15 $ ounces of silver to 1 of gold, and we had practically 16
ounces, and over in Japan at the same time you could buy an
ounce of gold with 6 ounces of silver. I know there has been
a shifting relation between silver and gold for all time. I




CONGRESSIONAL RECORD— SENATE.

M

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found the other day that in Egypt at one time silver was more
valuable by weight than gold and later gold was more valuable
than silver. So it has been for all time. But, after all, Mr.
President, that is the foundation of good banking and that is
the foundation of a good currency.
Just now I am told that gold is going away from us very
rapidly, and one of the reasons I have heard for this legislation
is that gold is leaving the country. I believe thirteen or four­
teen million dollars left within the last few months, and I do
not know* but more.
Mr. President, the gold is going where it is needed more than
it is needed here. It is going where its value is greater than
it is here. It is going to do the duty of money for the world.
We have reached a state now when each section of the world
is so in touch with the other that the money of this country
must he determined largely by what is the money of other sec­
tions of the world as well. Of course, we may have our local
money, but hack of all we have got to keep up our exchange
either by sending abroad our products or sending abroad gold
to fill the place of the products to pay for the goods that we
are buying year by year. This year we bought more foreign
goods than we ever bought before in our history. We sent
abroad more stuff than we ever sent abroad before. So the one
hand may possibly wash off the other; but if it does not, then
you must make it up, not with paper money, but with gold.
Mr. President, I have a copy of the Wall Street Journal here.
I take the Wall Street Journal occasionally. I do not follow the
prices of stocks very much. I have never indulged in that. I
find here a little touch on this bill. It says:

j taken on the conference report to-day. I know nothing of any
j such understanding. I shall try very hard to get a vote on the
; report to-day.
Mr. TELLER. I understood there would he no vote on it to­
day, unless, of course, we got through with the debate.
Mr. ALDRICH. Of course, there will be no vote until debate
is exhausted, but there is no understanding that there will not
be a vote when debate is exhausted.
Mr. TELLER. No; I did not myself so understand. I un­
derstood that probably to-day would be devoted to debating it,
if it was desirable.
Mr. ALDRICH. Yes; if it was desirable.
Mr. TELLER. I know a number of Senators on this side,
now out at lunch probablv, expected to make some remarks on
the bill.
Mr. ALDRICH. If no one is here to speak, I suggest that the
vote be taken.
The PRESIDING OFFICER. The Senator from Oklahoma
[Mr. Owen] has the floor.
Mr. ALDRICH. I beg pardon.
'-Mr. OWEN. Mr. President, in speaking with regard to this
conference report— Mr. TELLER. Mr. President, I am loath to do it, but I am
going to suggest that there is not a quorum present. I think
we are entitled to have some Senators here when we are debat­
ing this question.
The PRESIDING OFFICER. The Senator from Colorado
suggests the absence of a quorum. The Secretary will call the
roll.
The Secretary called the roll, and the following Senators anIs there still ground for hope that Congress, before It adjourns, will
pass a bill providing for an emergency circulation in time of financial swered to their names:
crisis?
Under existing conditions this bill must necessarily be either the
Aldrich or the Vreeland bill or a modification of one or the other of
them.
Of the two the Vreeland bill is the better, because it provides for
securing the emergency notes by either commercial paper or bonds,
while the Aldrich bill provides for bond security only.
But let us have either one or the other.
A law for an emergency circulation should have a time-limit clause
restricting the life of the measure to two or three years, in order that
in the meantime a thoroughgoing reorganization of the banking and
currency system might be prepared and passed by Congress to take its

Aldrich
Allison
Borah
Brandegee
Briggs
Brown
Burkett
Burrows
Carter
Clapp
Clark, Wyo.
Clay

I>epew
I)ick
Dillingham
Dixon
du Pont
Flint
Foraker
Frazier
Ballinger
Gary
(iuggenhelin
Hemenway

Ileyburn
Johnston
Kean
Knox
La Follette
Long
Nelson
Kewlands
Owen
Overman
I'aynter
Piles

Scott
Simmons
Smith, Md.
Smoot
Stephenson
Sutherland
Taylor
Teller
Warner
Warren
Wetmore

place.
' Mr. President, we have a provision in this bill for a reorganiza­
The PRESIDING OFFICER. Forty-seven Senators have
tion. We are going to have a commission composed of nine answered to their names. It appears that a quorum is p r e s e n t .
members of this body and nine Members of the House. Does any­
The hour of 2 o’clock having arrived, the Chair lays before
one believe that we will reorganize with that commission the the Senate the unfinished business, which will he stated by the
banking system of the United States? If he does, he is more Secretary.
hopeful than I am. I do not believe that you can reorganize
The Secretary. A joint resolution {S. It. 74) suspending the
the banking system of the United States materially without a commodity clause of the present interstate-commerce law.
great change in public sentiment, and I doubt whether you could
Mr. ALDRICH. I ask that the unfinished business may
do it anyway without a great disaster.
laid aside informally.
The PRESIDING OFFICER. The Senator from Rhode Is­
It may need and probably does need some amendments, and
I think there are some Senators here who are going to talk land asks that the regular order be temporarily laid aside. It
about the amendments that are needed. Mr. President, I do will be so ordered unless objection is made.
not intend to bother with that. We will have trouble enough
Mr. FORAKER. Mr. President----with that when it comes. A demand for action will be made
The PRESIDING OFFICER. Does the Senator from Okla­
by this bill. Whether it will be wise or whether it will be homa yield to the Senator from Ohio?
foolish I do not know.
-Mr. OWEN. Certainly.
.
I do not see anything very dangerous in the bill except the
Mr. FORAKER. I am very anxious to have a very short bill
precedent that is set. I doubt very much whether the banks considered.
will take advantage of it. I doubt very much whether you
Mr. OWEN. Is it the so-called “ ash-pan bill?"
will organize any considerable number into this banking assoMr. FORAKER. YeS.
ciation outside of the great cities. I believe that in New York,''' Mr. OWEN. I am heartily in favor of the bill. I yield to
they will have a great big association that will dominate the\ the Senator from Ohio,
markets there and dominate the business there. But you will
v,~
Mr. ALDRICH. I shall have to object to the c o n s id e r a t io n
have the same trouble there that you had last fall. The I of any bills or resolutions during the progress of the discussion
banks will lend themselves, just as they have lent themselves, on the conference report. I have been asked to yield to a n u m ­
not to meeting the demands of commerce and trade, but to ber of Senators, but I must decline.
meeting the demands of the speculators of Wall street.
The PRESIDING OFFICER. Objection is made.
Mr. President, I may want to say something further on the
Mr. FORAKER. I am very sorry that the Senator feel*
bill, but I am going to relieve the Senate, at least for the obliged to object. I will seek another opportunity to call it up.
present.
/'M r. OWEN. Mr. President, I shall not consume the time ot
The PRESIDING OFFICER (Mr. D illingham in the chair). the Senate further than for a few moments, to point out again
The question is on agreeing to the report of the conferenc/ ■an objection which appears IV Ul V IV v v manifest to this soto me to be
M VI/JVVIIVU »T1IIV U
IA
y
- |
committee. Is the Senate ready for the question?
called “ financial bill ” as it returns to the Senate In its amended
Mr. TELLER. I do not suppose we are ready to vote on it. form.
.
I understand that several Senators desire to make speechel.
I understand that it will l>e practically impossible to amend
I think the understanding was with the chairman that im; the bill. It will be impossible to enforce the objections which
would not attempt to vote on it to-day.
I entertain in regard to the bill and make it what it ought to
—JVIr. OWEN obtained the floor.
be. Yet I desire to put upon the record my opinion that tm’
Mr. ALDRICH. Mr. President----notes which are to be issued for emergency circulation ought
1 he PRESIDING OFFICER. Does the Senator from Ok jt- to be the direct notes of the United States Treasury, and they
noma yield to the Senator from Rhode Island 7
ought not to be notes of the various national banks, of which
Mr. OWEN. Certainly.1
there are over 0,000. There must, under this bill, be about
1 am toId the Senator from Colorado stat d 6,000 different kinds of notes, each differing in form from
™ there was an understanding that there was no vote to e other, although substantially alike iu quality,

1908.

CONGRESSIONAL RECORD— SENATE.

7113

I point out to the Senate that the provision requiring these they have stood there, most faithfully and honorably, protect­
notes to be national-bank notes makes it impossible for this bill ing the interests of the United States against a multitude of
to provide any adequate remedy to the State banks of the claimants sent to that great court by the Congress of the United
United States, which have two-thirds of the capital invested in States. That the interests of the United States have not been
neglected might well be shown by the French spoliation cases,
the banking business of the nation, which have two-thirds of
all the deposits in the United States, and two-thirds of the where, I understand, Congress has heretofore paid about four
millions of dollars in satisfaction of the awards, and that per­
banking power. Under this bill, because these notes must be
haps two millions of dollars only are yet to become necessary
national-bank notes in form, those numerous State financial in­
stitutions and the great trust companies of the United States in order to satisfy such awards as may be hereafter made,
though the original losses were estimated at twenty millions.
are denied the relief which they ought to have in common with
This great reduction is due to the inability of the claimants to
the national banks of the United States, which would not be
true if Treasury notes were available, upon proper security, show that the captures were illegal, to the loss of documentary
evidence from the files of the Executive Departments and of
for emergency currency.
the French courts, but largely to the strictness of the court’s
It is true that the State banks and great trust companies requirements as to proof; and in the Indian depredation cases,
can rely in some measure upon the national banks, and will
rely upon the national banks, for emergency circulation. But I where thousands and tens of thousands of cases have been
filed, the comparative recovery has been small because of the
see no just or sound reason why this measure should be so
scrutiny and care and painstaking labor of that court.
drawn as to deny to the individual State bank and to the indi­
There is probably not in the civilized world a more laborious,
vidual trust company, no matter where it be, an opportunity,
hardworking, or more conscientious court, and there is probably
upon the deposit of proper security, to receive relief in time of
not one case in a hundred where that court has allowed a judg­
panic.
ment that it has not been confirmed by the Supreme Court of
I point out to the Senate that the so-called “ Vreeland amend­
the United States, while in many appealed cases the Supreme
ment” only permits associations having $5,000,000 of aggregate
Court has been more liberal than the Court of Claims in such
capital stock to get any relief. Why is it that only large asso­
ciations are permitted to have relief, and why is it that relief cases.
It has been suggested that this court (or some other, possibly
is denied to the small banks unless they pay tribute to the
the Choctaw-Chiekasaw citizenship court) had allowed excessive
larger organizations? It is unsound in principle and it is unfair
fees to be charged. I was one of the attorneys in the famous
in practice to deny to tiie small State bank or to the small
case known as “ the Eastern Cherokee case,” in which that
Rational hank relief against the possibility of a panic and grant
such relief only to the great national banks of the reserve cities court allowed a fee of 15 per cent, in contracts involving a larger
amount, the case Involving $5,000,000; and possibly that case
or great associations of $5,000,000 capital.
may have been in mind in connection with such comment. I
Mr. FLINT. Mr. President-----The PRESIDING OFFICER. Does the Senator from Okla­ call the attention of the Senate to the fact that the Eastern
Cherokee case was sixty-five years old ; that it had been decided
homa yield to the Senator from California?
adversely to the Cherokees by various authorities on various
Mr. OWEN. Certainly.
Mr. FLINT. How are the small national banks discriminated occasions; that it took the attorneys who represented that case
seven years to reach any recovery; that they were employed
Against under the provisions of the bill?
OWEN.
/ Mr. ».»«1-..V Ihvjmse it will take 200 small national banks,. on. various contracts by contingent fees; that the printed record
.
.
, ...
0 niake an organization sufficient for the purposes of the bill IJsubmitted
court embraced 2,<00 printed pages, and that
under the Vreeland amendment which I am now criticising.
Jthe fee was apportioned among a large number of attorneys and
Mr, FLINT. The Senator says that in tbe same territory /counselors at law, whose expenditure m time, labor, and money
here are 200 small banks. As a general proposition, will there bad been very great,
It could have rendered no less a verdict and been just.
nt he a number of large banks within the same territory?
I think it is oniy fair to that court to point out the fact that
OWEN. I will call the attention of the Senator to the
net that there are seventeen States in the Union where the the United States Senate allowed 35 per cent of the recovery
oinbined capital of such State’s national banks would not in the Western Cherokee case, which was identical in character.
to $5,000,000, and I do not see any sound reason for i The Senator from Colorado [Mr. T e l l e r ] is one of those who
| remembers the Western Cherokee case well. It came before
nos discrimination.
Granted that by having an organization of 200 of these the Interior Department when he was Secretary rpn the Interior.
0 . llim„ of _
bunks they coulil in that difficult and troublesome way PMany years afterwards it was finally adjudicated and it took
ia n y years afterwards it was
' .
Jfrlve at relief, why should they he required to do that'; Is
sixty years to bring that case to n conclusion,
the nurnnso tn nnt .in nhotania in i ho iv<iv nf mime nf thp smaller I The Western Cherokees contracted oo per cent contingent
hanks? la tb it the ntentio
and only to allow SiSTrar-1 fee- dependent on recovery, and it was allowed by Congress and
«»«"» in u l’andhfr IlfaJ ml"'.. iT ei.teA n y jwotesi .g a t e * it. ' * * per cent, but the court being instructed by Congress to fix
^
15 rasc toTOlTOl contracts
I feel, however, constrained to say that if there was nothin
tbe fees, limited its allowances to that figure on a showing that
’*ut this bill between the commerce of tbe United States an
jhe possibility of panics, I would vote for the bill. But as i made such finding absolutely obligatory as a matter of common
since the bill will pass In any event, I shall record my oppo4 justice.
Mr. President, it seems to me that the Senate should tenderly
lotion to the erroneous principles laid down in the bill and to[
the improper manner in which it has been draw n-and which! respect the good name and great reputation of our national
1 ^ v e heretofore pointed out in great d etail-b y recording my j courts, and no careless
vote against it
:i ^corrected which in any way could wound the reelings oi iniN
'ow, Mr. President, baying sold so much with regard to this I«)ir the high standing of any rf our national
■"rasuro. I d„ not inte„d lo repeat that which I have hereto.;
I hove felt t h a t i t w a s a duty as well as a pn lie e to comtore said on ttm
in critical analysis of this mend on the floor of the Senate this most nonorauie couir,
bm
1
° 0f 1 h ltc 111 cUUcal amU3Sls 0 1
... W
hich iS 0ne of the most thoroughly sound and conservative
\ courts in the world, a court of great learning, a court of unTIIE COURT OF c l a i m s .
J
diligence, and a court of a dignity and worth in its
Before I take niv seat I wish to avail myself of the oppur- j personnel second to none, and in importance, judged fairly and
tonify to express my views in regard to an occasional thought- j justly by the value of its services, second only to the Supremo
less reference to the Court of Claims which I hnve observed [Court of the United States.
°n tbe floor of the Senate and which might be construed as a 8 Mr. NEWLANDS. Mr. President, I wish to say a few words
Criticism of that courtI think the suggestions which
1 have | regarding this conference report. I shall vote against the adopobserved in the R icohd have been unjust, have been unfair, it ion of the report, and I shall vote against it because tbe
an<l have been ungenerous
Ijtendencies of the bill reported, if it is enacted into law, will be
I have been a member of the bar of the Court of Claims for to increase, instead of curing and doing away with existing
dearly twenty years, and I have felt personally greatly honored abnormalities. The abnormality under which we have been
ih the reaijoct and the confidence of that court. I have taken suffering is an inflation of bank loans, made by our national and
through that court some of the great cases which have been State banks from tbe moneys of their deposits without main­
sent to it by Congress, and I want to say here in the Senate taining sufficient cash reserves to meet their depositors’ checks.
Another unhealthy condition is that there is in the country
that Instead of that court receiving affidavits and ex parte
testimony and dealing with evidence in a careless and neglect-/ no proper security in the way of bank capital to the depositors
ful way, they require evidence of the highest cliaraett*r ; tliac 1 in banka







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7114

CONGEESSIONAL BECOBD— SENATE.

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28,

The relation of bank loans to bank capital is left entirely, or market, a local panic, and possibly a panic extending over the
almost entirely, to the .judgment of the banks themselves; and, entire country.
We have had numerous evidences of such panics within the
as a result, we have this condition: Certain banks, with larger
bank capital than is necessary, when you take in view the past ten years. A pauic of that kind is almost a yearly occur­
amount of their deposits, and others where the amount of the rence. Sometimes it is only local in its consequences; but if
bank capital is less than should be required; and we all know those consequences are sulliciently .severe and involve enough
that the real security which the depositors have, in addition to mercantile houses or brokerage houses or banks, then we find
the securities and negotiable paper in which their deposits are the country alarmed, and there is a general demand for money
invested by the banks, is the bank capital and surplus and the on deposit So that whilst the average of reserves in the na­
tional banks of 18 per cent is perhaps sufficient, it is so dis­
bank reserves.
As an evidence of this unhealthy condition 1 hare only to tributed as not to make it an element of safety in any banking
state thirt when the panic came on the aggregate deposits in all situation.
Now, Mr. President, this evil is very evident The Senator
the banks of the country—national banks, State commercial
from Rhode Island [Mr. A i.dejch] admits i t In a speech
banks, State savings banks, and trust companies—was about
$13,000,000,000; and against that extraordinary amount of de­ which he delivered when he first reported his bill in this body
posits there was a reserve in the banks of only $l;OOO.090,(M
Kj, he used the following words:
have already alluded to
bnnk reserves. When
or 8 per cent; and that if you exclude the savings banks as not weI compare the reserves of the inadequacy ofthe reserves of similar
our banks with
requiring any considerable amount of reserves and estimate, as European institutions this inadequacy becomes painfully apparent.
is the fact, that the deposits in all the commercial banks, State
“ This inadequacy becomes painfully apparent” and yet the
and national, amounted to $10 ,000 ,000 ,000 , the reserves equaled
Senator from Rhode Island has nowhere addressed himself to
only 10 per cent. But even if there had been an average reserve this important question, but has only addressed himself to the
of 10 per cent in all the commercial banks of the country, na­ question of further inflating the loans of the country and aggra­
tional and State, the un-healthiness of the condition would not vating and exaggerating the condition of inflation that now ex­
have been so apparent.
ists. The Senator will doubtless reply that there was no time
But we find the greatest disproportion between the reserves for this, that all we could do was to address ourselves to the
existing in State banks and the reserves existing in the na­ question of emergency. That may have been true when the
tional banks. The average reserve of the national banks at Senator first presented his b ill; an emergency was then on. but
that time was 18 per cent; the av-erag-e reserve in the State that emergency has passed, and the financial conditions of the
banks, the commercial banks, was less than 6 per cent, and yet, country are now on the road to recovery; yet since the Senator
as the Senator from Oklahoma [Mr. O w e n ] so well observed, presented his bill over four mouths have elapsed, and I will
the State banks outnumber the national banks and have two- venture to say that he has not once called together his com­
thirds of the bank capital of the country and nearly two-thirds mittee during that entire period for the consideration of this
of the deposits of the country. The danger point, then, in our important question.
.
whole system of reserves is in the State banks, which out­
The Senator says that he has alluded to the inadequacy of
number the national banks and outclass them in both capital bank reserves, that “ this inadequacy becomes painfully appa­
and deposits.
rent,” and yet, with this condition of things, when this inade­
So also as to national banks. Whilst the average reserve was quacy is “ painfully apparent,” and when he and his c o m m it t e e
18 per cent, yet the manner in which that reserve was distrib­ have had four months to consider this question, he brings into
uted amongst the various banks indicated a most unhealthy
condition. Of the total reserves in all the banks, national and this body, upon a day's notice, a new measure in which no alluState, amounting to $1,000,000,000, the national banks, though | sion is made to this unhealthy and abnormal condition, and no
f
inferior in number and inferior in capital and deposits, had remedy presented.
This is of a piece, Mr. President, with tbe administration of
$700,000,000 of reserves, and of that $700,000,000 of reserves
over $300,000,000 was in the central reserve city banks in New the Finance Committee under the Senator from Rhode Islan d
York, Chicago, and St. Louis, and nearly $200,000,000 was in during his entire administration of twelve years. During that
reserve city banks, about 300 in number, and only about time bow many efforts has the Senator made to reform the bank
$200 ,000,000 was in the country banks, over 6,000 in number, so act? Did he not know twelve years ago, ns well as to-day, that
that over one-ha if of the reserves of the country were in banks this system of piling up tbe bank reserves of tbe country in a
averaging leBS that 400 in number, in the central reserve and few cities, to be used there for promotion and speculation, w»
reserve city banks, and less than half of them were in 6,000 prejudicial to the safety of the country? Tear before *ast w.
national banks, constituting the country banks of the United had a warning upon this subject, if prior to that time we ha
_
.
States, and whose obligations to individual depositors far ex­ lacked information uixm i t
I remember in the debate in tbe early part of 1907, long o
ceeded in amount the similar obligations of the reserve city
fore the recent panic, when the Senator then, as now, was be
and reserve banks.
upon inflating the currency instead of securing upon a sa
Now, how was that? Simply under the existing law which foundation the banking, system of the country, that I then I,r
permits these country banks to deposit three-fifths of the re­
sented an amendment A measure was pending in this bo
serve required by law in reserve cities and central reserve cities.
The result was that over one-half of the legal reserves of over providing, I believe, for greater issues of currency, a larger P1
6,000 national banks of the country was accumulated in less portion of currency upon national bonds, increasing fbe lu
than 400 banks in our great cities, mainly New York, and used portion from 90 per cent to 100 per cent—resulting. I believe, ^
there for promotion and speculation. We all know the methods an issue of $400,000,000 more of bauk notes—and also ooj employed during certain seasons. The New York banks offer away with that provision of the banking act which prevent^
tempting rates of Interest to the country banks for their re­ bank notes from being retired at a rate of more than
serve money, which they are forbidden to use locally, draw in a month. When this measure was pending I then presented u
the money, and then lend it to those who are interested in pro­ the Senate an amendment intended to remedy this conditi
motion and stock speculation. The spring and summer months regarding the reserves. In my remarks upon that occasion
^
is the time chosen for the promotion of the great industrial said:
I
to say one
corporations of the country, for the promotion of great trusts, of Now, Mr. President,havewishsystem whichword regarding the
these banks. We
a
crowds all the re3er\,;!; to
and for the increased issue of railroad stocks and bonds.
the national banks of the country In New York City. That seen
Tbe prices go up in the market; and the faster the prices go me to be a vicious system, because it collects from every part or
country money to be used simply in speculation.
up the gr eater is the demand upon tbe New York banks for money
for speculative purposes, for it is a peculiar condition of the - Mr. OWEN. Mr. President-----a
stock market that as the market is rising the demand for
The VICE-PRESIDENT. Does the Senator from Nevada
speculation increases; and that when it is going down and yield to the Senator from Oklahoma?
more favorable opportunities are presented for getting stocks
Mr. NEWLANDS. Yes.
at their real values, the demand for them diminishes. So it is>
Mr. OWEN. I suggest the absence of a quorum.
that after the summer season is over, when the country banks
The VICE-PRESIDENT. The absence of a quorum heme
require the moneys which they have deposited in the reserve suggested, the Secretary will call the roll.
3
cities at interest for the purpose of moving the crops of the
The Secretary called the roll, and the following Senate
country, when they require the small sums of $200 ,000,000 or answered to their names:
IftO hO .O O for that purpose, the money is not forthcoming; Aldrich
O O O
Cullom
IJrandegee
Carter
Curtis
the banks in the reserve cities and in the central-reserve eities Ankeny
Briggs
ClapP
Itepew
Bacon
Brown
Clark, Wyo.
can not pay it to the country bankB without calling in their
Dick
Burkett
Clay
"ttow; and that means a contraction of values, a slump in tbe Beveridge
pHUnghai
Borah
Burrows
Culberson

CONGRESSIONAL RECORD— HOUSE.

1908.

Sherley
Richardson
Sims
Robinson
Stephens, Tex.
Bother mel
Sulzer
Russell, Mo.
Thomas, N. C.
8abath
9.
ANSWERED “ PRESENT
Madden
Knapp
Riordan
Landis

Padgett

Page

Ramey
Randell, Tex.
Rauch

Rrundidge
Flood
Humphreys, Miss.
Alexander, Mo.
Alexander, N. Y.
Allen
Ames

Anthonv

Bartlett, Ga.

B
eale, Pa.

Bede
Bennett, Ky.
"Ingham
girdsall

B
radley

Brantley
Brown low
Brumin
gurgess
Burton, Del.
Butler
Byrd
Calder
Dajderhead
Daldwell
^arlln

C
arter

Cary

£ ,a' lc. Fla.
Cock ran
Conner
P°°k. Colo.
Cook. pa.
cooper, Tex.
cooper. Wis.
Condrey
Cousins
i-ravens
^avenport
BaTey, i ,a.
& & * “ ""•
ftn l;." 10”'1
Denver
draper
Dnnwell
Durey
Bdwards, Ga.

‘

the same without amendment, acompanied by a report (No.
1785), which said bill and report were referred to the Private
Calendar.

Ton Voile
Underwood
Webb
Williams
Wilson, Pa.
Russell, Tex.
Sheppard

NOT VOTING— 181.
Powers
Knopf
Edwards, Ky.
P ratt
Knowland
E llis, Mo.
Prince
Lafean
Englehrlght
Ransdcll, La.
Lamar, Fla.
Favrot
Reeder
Lamar, Mo.
Fornes
Reid
Lamb
Foster, Vt.
Reynolds
Langley
Fuller
Rhinoek
Lassiter
Gaines, Tenn.
Roberts
Lawrence
Gardner, Mass.
Rucker
Leake
Gill
Ryan
Lee
Glass
Shackleford
Legare
Goebel
Sherman
Lenahan
Goldfogle
Sherwood
Lever
Granger
Slayden
Lewis
Gregg
Slemp
Lilley
Griggs
Small
Lindsay
Gronna
Smith, Mo.
Littlefield
Hackett
Smith, Tex.
Livingston
Hall
Sparkman
Lloyd
Ilamlll
Sperry
Lorimer
Hamilton. Iowa
Snight
Loud
Hammond
Stafford
Loudenslager
Hardwick
Stanley
McDermott
Harrison
Steenerson
McGavin
Ilaskins
Sterling
McGuire
Hepburn
McLaehlan, Cal. Sul lo way
Hill, Miss.
Talbott
McLain
Ilinsbaw
McLaughlin, Mich.Taylor, Ala.
Hitchcock
Thomas, Ohio
McMillan
Hobson
Tirrell
McMorran
Howard
Townsend
Marshall
Hubbard, Iowa
Vreeland
Miller
Huff
Wallace
Mondell
Hughes, W. Va.
Watkins
Moon, Pa.
Hull. Iowa
Watson
Jackson
Monser
Weeks
James. Addison D. Mudd
Weisse
Nelson
James, Ollie M.
Overstreet
Wiley
Jenkins
W illett
Johnson, S. C.
Parker, N, J.
Wilson, 111.
Jones, Va.
Parker, S. Dak.
Wolf
Patterson
Kennedy, Ohio
Wood
Pear re
Kimball
Kipp
Perkins
Peters
Kitchin. Claude
Kitcbln, Wm. W. Pou

the motion was agreed to.
announced the following additional pairs:

the Clerk

CRtU further notice:
? |r- Alrxahdeb of New York with Mr. Granger.
"tr. Bede with Mr. Alexander of Missouri.
: r- Norton of Delaware with Mr. P atterson.
f rr- K napp with Mr. R yan .
Mr. K ennedy of Ohio w ith Mr. S layden.

'n 1IR E L with Mr. SriGHT.
KL
Che doors were opened.
Accordingly (at 4 o’clock and 40 minutes p. m.) the House
stood in recess until 11 o’clock and 59 minutes a. m. to-morrow.
Re p o r t s

of

c o m m it t e e s

on

p u b l ic

b il l s

7153

and

RESOLUTIONS.
Pnder clause 2 of Rule XIII, bills and resolutions were
^ o r a lly reported from committees, delivered to the Clerk, and
reterred to the several Calendars therein named, as follows:
Mr. MANN, from the Select Committee on Pulp and Paper
Mirestigation, appointed under House resolution No. 344, sub­
mitted a preliminary report relative to the investigation on
Pb 'p and paper, accompanied by a report (No. 1780), which
K report was referred to the Committee of the Whole House
aid
° n the state of the Union.
Mr. HOWARD, from the Committee on the Library, to which
was referred the resolution of the Hoilse (H. Res. 198) authorJ ln8 the painting in oil of certain portraits of ex-Speakers of
?
House of Representatives, reported the same without amendhietiit, accompanied by a report (No. 17S7), which said bill and
Report were referred to the Committee of the Whole House on
the state of the Union.

CHANGE OF REFERENCE.
Under clause 2 of Rule XXII, the Committee on Invalid Pen­
sions was discharged from the consideration of the bill (II. R.
22200) granting an increase of pension to Jesse McClelland,
and the same was referred to the Committee on Pensions.
PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS.
Under clause 3 of Rule XXII, bills, resolutions, and memo­
rials of the following titles were introduced and severally re­
ferred as follow s:
By Mr. PRAY: A bill (H. R. 22233) to divide the State of
Montana into two judicial districts—to the Committee on the
Judiciary.
By Mr. FLOOD: A bill (H. R. 22234) to establish a fishcultural station in the State of Virginia—to the Committee on
the Merchant Marine and Fisheries.
By Mr. GOULDEN: A bill (II. R. 22235) providing for the
increase of pension for soldiers who lost an arm or a leg—to the
Committee on Invalid Pensions.
Bv Mr. RAINEY: A bill (II. R. 2223G) to place agricultural
implements upon the free list—to the Committee on Ways and
Means.
B y Mr. MANN (by request) : A bill (II. IU 22237) to amend
the act to provide revenue for the Government and to encourage
the industries of the United States, approved July 24, 1S97—to
the Committee on Ways and Means.
By Mr. POLLARD: A bill (II. R. 2223S) to create forest re­
serves in the Southern Appalachian and the White Mountains iu
order to conserve the waters of navigable streams having their
sources iu these mountains—to the Committee ou Agriculture.
By Mr. MOORE of Pennsylvania; A bill (H. R. 22239) to
regulate the conduct of the laundry business in the District of
Columbia—to the Committee on the District of Columbia.
By Mr. LANGLEY: Joint resolution (II. J. Res. 195) con­
struing the acts of June 27, 1890, and February 6 , 1907—to the
Committee on Invalid Pensions.
By Mr. STAFFORD: Joint resolution (H. J. Res. 196) sus­
pending the import duty upon mechanically ground wood pulp
except in certain cases—to the Committee on Ways and Means.
By Mr. SABATH: Resolution (II. Res. 430) requesting in­
formation from the Attorney-General concerning fees and other
moneys received and receivable by officers and officials beyond
or in addition to salaries paid out of the Public Treasury—to
the Committee on Expenditures in the Department of Justice.
PRIVATE BILLS AND RESOLUTIONS.
Under clause 1 of Rule XXII, private bills and resolutions of
the following titles were introduced and severally referred as
follows:
By Mr. CALDWELL: A bill (II. R. 22240) granting an in­
crease of pension to Charles II. Barger—to the Committee on
Invalid Pensions.
By Mr. CALE: A bill (II. R. 22241) granting an increase of
pension to John nanes—to the Committee on Invalid Pensions.
Also, a bill (II. R. 22242) granting an increase of pension to
Peter V. Gruesbeck—to the Committee on Invalid Pensions.
Also, a bill (II. R. 22243) granting an increase of pension to
Isaac Nesbit—to the Committee on Invalid Pensions.
By Mr. COUSINS: A bill (II. R. 22244) granting an increase
of pension to James C. Betts—to the Committee on Invalid Pen­
sions.
Bv Mr. DE ARMOND: A bill (II. R. 22245) granting an in­
crease of pension to James Wildes—to the Committee ou Invalid

By Mr. HAYES: A bill (H. R. 22246) for the relief of Jasper
T Henry—to the Committee on Military Affairs.
' Bv Mr. HOWARD: A bill (H. R. 22247) for the relief of the
heirs at law of J. A. Carter, late of Putnam County, Ga.—to
the Committee on War Claims.
B y Mr. HUFF: A bill (H. R. 22248) to have the name of
Bobert B. Robinson inscribed on the rolls of Company A, unassigned, United States Colored Troops, as having rendered
Re p o r t s o f c o m m it t e e s o n p r i v a t e b i l l s a n d service in the United States Army from September, 1864, to
j illy, 1865—to the Committee on Military Affairs.
RESOLUTIONS.
By Mr. KAHN: A bill (H. R. 22249) for the relief of Frank
| nder clause 2 of Rule XIII,
_
.Mr. CALDERIIEAD, from the Committee on Invalid Pen- M. Swasey—to the Committee on Claims.
By Mr. KINKAID: A bill (EL R. 22250) to correct the mili­
Mons, to which was referred the bill of the House (II. It. 22212)
granting an increase of pension to Bryon C. Mitchell, Can in P. tary record of John J. Adams—to the Committee on Military
Kynn, and Harry Lee, formerly Albert I/ee Allemnn, reported Affairs.
X L 1 I-------148







7154

CONGRESSIONAL RECORD— SENATE.

Mat 29,

SENATE.
By Mr. LANDIS: A bill (H. R. 22251) to correct the military
record of Benjamin F. Davis—to the Committee on Military
F r id a y , M a y 2 9 , 1 9 0 8 .
Affairs
By Mr. LANGLEY: A bill (H. R. 22252) granting an increase
The Senate met at 11 o’clock a. m.
_
of pension to Peter Reed—to the Committee on Invalid Pensions.
Prayer by Rev. U lysses G. B. P ieece, of the city of Y ask*
\
By Mr. McCALL: A bill (H. R. 22253) granting a pension
ington.
,a
to John Good—to the Committee on Invalid Pensions.
The Secretary proceeded to read the Journal of yesterdays
By Mr. RICHARDSON: A bill (H. R. 22254) for the relief proceedings, when, on request of Mr. K ean , and by unanimous
of R. D. Crosthwaite, administrator—to the Committee on War consent, the further reading was dispensed with.
Claims.
,
.
The VICE-PRESIDENT. The Journal stands approved.
By Mr. SCOTT: A bill (H. R. 22255) granting an increase of
M
ESSAG FR M THE HOUSE.
E O
pension to Hyrcanus Highley—to the Committee on Invalid Pen­
sions.
A message from the House of Representatives, by Mr. W. JB rowning , its Chief Clerk, announced that the House ha
passed the bill (S. 642) to establish an assay office at Salt LaKe j
PETITIONS, ETC.
.
i
Under clause 1 of Rule XXII, the following petitions and City, State of Utah.
The message also announced that the House had passed tu
papers were laid on the Clerk's desk and referred a s follows:
By Mr BRODHEAD: Petition of Union Council, Knights of following bills, in which it requested the concurrence of tfl
Columbus, for H. R. 7559, making October 12 a legal holiday— Senate:
H. R. 13465. An act to amend the laws concerning t r a n s p o r ­
to the Committee on the Judiciary.
By Mr. BURKE: Petition of Allegheny Council, No. 2bo, tation between the ports of the Territory of Hawaii and otW
*
Knights of Columbus, favoring H. R. 7559, making October 12 ports of the United States;
H. R. 16757. An act for the incorporation of the Brotherhoou
a legal holiday—to the Committee on the Judiciary.
By Mr. CARTER: Papers to accompany bills for relief of of St. Andrew; and
H. R. 22029. An act to incorporate the Congressional Club.
Charles A. Davidson and Charles M. Campbell—to the Com­
mittee on Claims.
ENROLLED BILL SIGNED.
By Mr. DUREY. Petition of citizens of Glens Falls, N. Y..
The message further announced that the Speaker of ^
for amendment to the Sherman antitrust law (H. R. 205S4), for
the Pearre bill IH. R. 94), for a just and clearly defined gen­ House had signed the following enrolled bill, and it was ther
^^
eral employers’ liability law, and for an eight-hour law—to the j upon signed by the Vice-President:
H.R. 11778. An act to amend an act approved June 11,
Committee on the Judiciary.
By Mr. ESCH: Petition of Trades and Labor Council of La ?entitled “An act to provide for the entry of agricultural l&ob
Crosse, Wis., favoring amendments to the Constitution provid­ within forest reserves.”
ing for election of United States Seuators by direct vote and
PETITIONS AND M O
EM RIALS.
J
to legalize an income tax, etc.—to the Committee on the Judi­
ciary.
The VICE-PRESIDENT presented a memorial of
By Mr. FLOYD: Paper to accompany bill for relief of John Union No. 32, International Brotherhood of Paper Makers* |
W. Lay—to the Committee on Invalid Pensions.
Pulp. Suphite, and Paper Mill Workers, of Glens Falls, N. *By Mr. GRAHAM: Petition of Allegheny Council, Knights remonstrating against the repeal of the duty on white pape ’
of Columbus, for H. R. 7559, making October 12 a legal holi­ wood pulp, and the materials used in the manufacture tbereo j
day—to the Committee on the Judiciary.
; which was referred to the Committee on Finance.
Also, petition of Society of Survivors of the Mississippi Ram
Mr. BROWN presented petitions of sundry citizens and labe
Fleet and Marine Brigade, for restoration to their pensionable organizations of Alliance, Lincoln, and Omaha, all in the St*
status under the act of June 27, 1890—to the Committee on In­ of Nebraska, praying for the adoption of certain amendme
valid Pensions.
to the so-called “ Sherman antitrust law ” relating to
Also, petitions of Germania Savings Bank and Pittsburg ; organizations, which were referred to the Committee on
Clearing-House Association, advocating one-third of currency Judiciary.
pnft 1
commission to be selected outside of Congressmen—to the Com­
Mr. BAILEY presented petitions of sundry citizens of P ^
mittee on Banking and Currency.
: Arthur, El Paso, Laredo, Dallas, and Ennis, all in the State _
By Mr. HAYES: Paper to accompany bill for relief of Jasper j Texas, praying for the adoption of certain amendments to
J. Henry—to the Committee on Military Affairs.
so-called “ Sherman antitrust law ” relating to labor orga®
Also, petition of citizens of San Francisco, Cal., for the amend­ tions, which were referred to the Committee on the Judici
ment to the Sherman antitrust law known as the “ Wilson
BILLS IN O U ED
TR D C .
•ri
b ill” (H. R. 20584), for the Pearre bill (H. R. 94), the em­
ployers’ liability bill, and the eight-hour bill—to the Committee
Mr. OWEN introduced a bill (S. 7207) to amend section 21
on the Judiciary.
of the Revised Statutes of the United States, which was
‘' l
By Mr. KAHN: Petition of San Francisco Lodge. No. O twice by its title and referred to the Committee on ISftlmer
S,
International Association of Machinists, for the passage of the
Auairs.
the
Wilson bill (H. R. 20584), Pearre bill (H. R. 94), employers' ‘-Affairs.WARNER introduced a bill (S. 7268) a u th orizin g^
‘ Mr.
liability bill, and labor's eight-hour bill—to the Committee on Secretary of War and the Auditor for the War Departing
e9
the Judiciary,
bBy Mr. LENAHAN: Petition of Local Union No. 4S8, Broth­ consider and settle the claim of Col. John D. Hall, United
Army, retired, for iiersnnnl property destroyed in the e®
erhood of Painters, Decorators, and Paper Hangers of America,
quake at San Francisco, Cal., which was read twice by
for H. It. 20584, amendment to Sherman antitrust law ; for the t it le a n d r e f e r r e d t o t h e C o m m it t e e on M ilit a r y A f f a ir s .
Pearre bill (II. R. 94), employers’ liability bill, and the eightMr. DICK introduced a bill (S. 7269) authorizing the
hour bill—to the Committee on the Judiciary.
pointment of a commission to collate information c o n c e r n .
Also, petition of Polish citizens of Luzerne County, Pa., the alcoholic liquor trafiic and to consider and r e c o m m e n d
against expatriation of Polish citizens of Prussia—to the Com­ needful legislation in relation thereto, which was re a d n ' lQ
^
mittee on Foreign Affairs.
by its title and referred to the •Committee on the Distric
By Mr. NEEDHAM: Petition of citizens of San Francisco,
Columbia.
Cal., for the enactment of the bills H. R. 94 and H. R. 20584, n
PHH.IPPINE TARIFF.
general employers' liability law, and bill limiting a day’s labor
to eight hours upon work done for the Government—to the Com­
Mr. DICK submitted an amendment intended to be Pr°j\.
mittee on the Judiciary.
d
by him to the bill (H. R. 21449) to amend an act entitled *St
By Mr. RICHARDSON: Paper to accompany bill for relief act to revise and amend the tariff laws of the Philippine I* r0.
of Reuben Copeland—to the Committee on War Claims.
and for other purposes,” approved March 3, 1905, which
b0
By Mr. WILSON of Pennsylvania: Petitions of Grange No. ferred to the Committee on the Philippines and ordered
1289, Roulette; Grange No. 937, LawrenceviUe; Grange No. 1244, printed.
Allenwood; Grange No. 1189, Chatham Run; Grange No. 1947,
HOUSE BILL REFERRED.
Sebring; Grange No. 1017, Wellsboro; Grange No. 1149, Gar
mania; Grange No. 1251, Coudersport, and Grange No. 1189.
H.R. 13465. An act to amend the laws concerning t r a n V ^ f
Woolrich, all in the State of Pennsylvania, for the passage of tion between the ports of the Territory of Hawaii and
^
the Wilson bill (H. R. 20584)—to the Committee on the Ju­ ports of the United States was read twice by its title aim
diciary.
ferred to the Committee on Commerce.

CONGRESSIONAL RECORD— SENATE.

1903.

7155

BALTIMORE AND WASHINGTON TRANSIT COMPANY.

ENROLLED BILLS SIGNED.

The VICE-PRESIDENT laid before the Senate the amend­
ments of the House of Representatives to the bill (S. 3405) to
amend an act to authorize the Baltimore and Washington
Transit Company, of Maryland, to enter the District of Colum­
bia, approved Juue 8 , 1806, which were, on page 2, line 2, to
strike out “ Madison” and insert “ Kennedy;” on page 2 , line
3, to strike out “ Madison ” and insert “ Kennedy.”
Mr. GALLINGEIt. I move that the Senate concur in the
amendments of the House of Representatives.
The motion was agreed to.

The message further announced that the Speaker of the House
had signed the following enrolled bills, and they were thereupon
signed by the Vice-President.
S. (M2. An act to establish an assay office at Salt Lake City,
State of Utah;
S. 3405. An act to amend an act to authorize the Baltimore
and* Washington Transit Company, of Maryland, to enter the
District of Columbia, approved June 8 , 189G; and
S. 0200. An act granting certain rights of way and providing
for certain exchanges of the same.

IMMIGRATION STATION AT BOSTON, MASS.

AMENOMENT OF NATIONAL BANKING LAWS.

The VICE-PRESIDENT. The morning business is closed.
The VICE-PRESIDENT laid before the Senate the action of
Mr. ALDRICH. I move that the Senate proceed jto the con­
the House of Representatives agreeing to the amendment of
the Senate to the bill (H. R. 13851) providing for the purchase sideration of the conference report on House bill 21871.
Mr. DEPEW. Mr. President—~
of a site and the erection of a new immigration station thereon
The VICE-PRESIDENT. Does the Senator from Rhode Island
at the city of Boston, Mass., with an amendment.
Mr. DILLINGHAM. I move that the Senate disagree to the yield to the Senator from New York?
Mr. ALDRICH. After the conference report is taken up I
amendment of tlie House to the amendment of the Senate to
the bill, and request a conference with the House on the dis­ will yield.
The VICE-rRESIDENT. The question is on agreeing to the
agreeing votes of the two Houses thereon, and that the con­
motion of the Senator from Rhode Island.
ferees be appointed by the Chair.
The motion was agreed to, and the Senate resumed the con­
The motion was agreed to, and tlie Vice-President appointed
Mr. D il l in g h a m , Mr. L odge, and Mr. M cL a u bin as the con­ sideration of the report of the committee of conference on the
disagreeing votes of the twro Houses on the bill (H. R. 21871) to
ferees on the part of the Senate.
amend the national banking laws.
PRINTING OF FINANCIAL STATISTICS.
Mr. ALDRICH. I will yield to the Senator from New York
Mr. CULBERSON. I desire to ask leave to have printed as for the disposition of the bill which the Senator has in charge,
a Senate document a paper which I have entitled “ Expendi­ if it does not lead to debate.
Mr. DEPEW. I ask the Senate to proceed to the considera­
tures of the United States Government from 1791-1907,” being
a table compiled by the Director of the Census for the Com­ tion of the bill (II. R. 21844) granting to certain employees of
mittee on Appropriations of the House of Representatives. I the United States the right to receive from it compensation for
injuries sustained in the course of their employment.
ask that it be printed as a Senate document.
The VICE-PRESIDENT. The Senator from New York asks
The VICE-PRESIDENT. The Senator from Texas asks
unanimous consent that the document presented by him may unanimous consent that the Senate proceed to the consideration
of the bill indicated by him.
be printed as a Senate document.
Mr. ALDRICH. Not to displace the other business.
Mr. GALLINGER. I will not object if there is no objection
The VICE-PRESIDENT. Not to displace the consideration
to my having printed ns a Senate document some official sta­
tistics showing the excess of revenues over expenditures for of tlie conference report.
Mr. DEPEW. Not to displace it.
a period of years, the interest-bearing debt of the United States,
Mr. McLA.URIN. I see that the Senator from Georgia [Mr.
and so forth, and so forth, being figures compiled from official
B acon] is now in the Chamber. The Senator from Georgia
records.
Mr. CULBERSON. I do not desire to accept the leave to wanted to offer an amendment, I understand, to the bill, and I
have two amendments that I myself desire to offer to the bill.
Print on a condition.
Mr. GALLINGER. Well, I will not object to the Senator's It will take a considerable amount of time to dispose of the
bill.
request.
Mr. ALDRICH. If it does, I shall have to ask that it be laid
The VICE-PRESIDENT. If there is no objection, it is so
aside.
ordered.
The VICE-rRESTDENT. Is there objection to the request of
Mr. GALLINGER. Now, I ask that the paper I alluded to
the Senator from New York?
may be printed ns a document.
Mr. McLAURIN. I did not hear the suggestion made by the
The VICE-PRESIDENT, Is there objection to the request
Island.
of the Senator from New Hampshire? The Chair hears noue, Senator from RhodeIf the bill leads to prolonged discussion I
Mr. ALDRICH.
aud it is so ordered.
shall be obliged to ask that it be laid aside, but I trust the
INITIATIVE AND REFERENDUM.
\ Senator from Mississippi will not be obliged to discuss his
1 amendment at any length.
On motion of Mr. O w en , it was
Mr. McLAURIN. There are several amendments that will be
Ordered, That 20.000 additional copies of Senate Document No. 516,
Sixtieth Congress, tlrst session, “ Memorial from the Initiative and offered. I have some amendments myself to offer, and the SenaReferendum League of America, relative to the establishment of a na­ I tor from Georgia has an amendment that I understand he intional Initiative and referendum,” be printed for the use of the Senate I tends to offer. I suggest to the Senator from New York that we
document room.
had better proceed with the consideration of the conference reOn motion of Mr. Owen, it was
port that was under consideration yesterday and after tlie dis­
position of that report there will be an abundance of time to
O r d e r e d , That 20,000 additional copies of Senate Document No. 521,
Sixtieth Congress, lirst session, “ Memorial of State Referendum League take up the bill to which he refers. I think that is the better
of Maine, concerning initiative aud referendum,'' be printed for the use
o f the Senate document room.

(.l/U i 5c,

i

Mr. DEPEW. That means simply that the bill is to be killed.
Everybodv knows that the moment the conference report is dis­
O rd e re d ,
That 20,000 additional copies of Senate Document No. u sed of there will be no other business done by the Congress.
— , Sixtieth Congress, lirst session, ‘‘ Memorial of Initiative and Hefer-iF
Mr. McLAURIN. I shall have to object to the consideration
erulum lea g u e of America, concerning Initiative and referendum, be l
of tlie bill until after the consideration of the conference report.
Printed for the use of the Senate document room.
___ /
The VICE-PRESIDENT. Objection is made to the present
MESSAGE FROM THE HOUSE.
consideration of the bill. The question is on agreeing to the
A message from the House of Representatives, by Mr. W. J. conference report.
Mr. BEVERIDGE. Mr. President, I .ask unanimous consent
B hownino, its Chief Clerk, announced that the House had
agreed to tile amendments of the Senate to the following bills: that immediately after the conclusion of the conference report
now before the Senate the Senate shall proceed to the con­
II. R. 1075)5. An act concerning locomotive ash pans; and
sideration of what is known as the “ campaign-publicity bill,”
II. r . 22020 An act to incorporate the Congressional Club.
The message also announced that the House had agreed to and shall dispose of it by voting upon it on the day following.
In making this request, I wish to say to Senators upon the
the amendment of tlie Senate to the bill (H. R. 13851) provid­
ing for the purchase of a site and the erection of a new immi­ other side of the Chamber that if they have any fear of the
gration station thereon at tlie city of Boston, Mass., with an representation feature being in tlie bill, they can of course offer
amendment, in which it requested the concurrence of the a substitute, which must be voted on first, without that pro­
vision in i t
SfrAate.
On motion of Mr. Owen, it was







7156

CONGRESSIONAL RECORD-SENATE.

May 29,

The House of Representatives passed a measure purporting
Mr. CLAY. Mr. President----Mr. BURROWS. I did not understand the request of the to remedy that situation and providing for the issue of an
asset emergency currency. The Senate, on the contrary, passed
Senator from Indiana.
Mr. BEVERIDGE. I made the request that immediately a measure providing for an emergency currency based upon
after the conclusion of the conference report the Senate shall bonds of States and municipalities. That matter, I repeat, has
proceed to the consideration of the campaign-publicity bill. I been pending here for six months, and notwithstanding the fact
said to Senators on the other side if they had any fear about that the Republicans control both Houses of Congress they diL
not agree upon a measure of finance until a few days before
the representation feature they could offer a substitute.
Mr. BURROWS. Mr. President, as chairman of the ‘Com­ it was understood that this Congress would adjourn.
The measures which were passed' separately by the Wo
mittee on Privileges and Elections, and as the Senator from
Indiana has not been present at meetings of the committee Houses were antagonistic, conflicting, and absolutely irrecon­
where an understanding has been reached, I rather think the cilable upon any sound policy of finance. During the last Lew
request ought to have come from the chairman of the com­ days the Republicans have agreed upon a measure which sub­
stantially combines both the House and the Senate measures;
mittee.
Mr. BEVERIDGE. That is true, and I will state this fact that is to say, upon an emergency-currency bill authorizing the
to the Senator in explanation and in such apology as may be issue of $500,000,000 based upon bonds and upon the assets of
due therefrom: That first, yesterday when this matter was in national banks, aside from bonds.
Mr. LA FOLLETTE. Mr. President - —
the thick of debate I made this request and said that later I
The VICE-PRESIDENT. Does the Senator from Texas yield
should renew the request; and this request this morning is
to the Senator from Wisconsin?
keeping my word.
Mr. CULBERSON. Certainly.
Now, as to being present at the meetings of the committee, I
Mr. LA FOLLETTE. It seems to me, Mr. President, that
think I have been present at every meeting I have been noti­
fied about. I made this request merely because I made it yester­ when so great a measure as the currency bill is before the
day, as the Senator may remember if he was here in the thick Senate there ought to be a quorum present As I run my eye
of the debate, and I said at that time that I should renew it. over this body I think it is far short of a quorum. Therefore
That is the reason for making it this morning. I am in earnest I suggest the absence of a quorum.
The VICE-PRESIDENT. The Senator from Wisconsin sug­
about this bill.
Mr. BURROWS. If any understanding or arrangement is to gests the absence of a quorum. The Secretary will call the roll.
The Secretary called the roll, and the following Senators
be made in relation to this matter now pending before the Com­
mittee on Privileges and Elections, I think the suggestion ought answered to their names:
Clay
Plies
Guggenheim
to emanate from some other source than from the Senator from Aldrich
Bacon
Culberson
Hale
Platt
Indiana. As chairman of the committee, I think we will be able Bankhead
Cullora
Heyburn
Scott
to arrange it to the satisfaction of the Senator from Indiana. I Beveridge
Daniel
Hopkins
Simmons
Depew
Johnston
Smoot
therefore suggest the propriety of his allowing the chairman of Borah
Brandegee
Dick
Kean
Stephenson
the committee to make such suggestion as he thinks best in rela­ Briggs
Dillingham
La Follette
Sutherland
Brown
Dixon
Long
tion to it.
Warner
Foraker
McLaurin
Warren
Mr. BEVERIDGE. As I said once before, this request was Burkett
Frazier
Burrows
Milton
Wetmore
to carry out what I said yesterday. When I first made the Carter
Fulton
Nelson
request in the thick of the debate I said that it would be made Clapp
Gal linger
Owen
Gary
Clark, Wyo.
Overman
again.
The VICE-PRESIDENT. Forty-nine Senators have answered
The Senator is probably right in what he said about it being
better for him as chairman to have made the request. I have to their names. A quorum is present The Senator from
Texas will proceed.
said that. I hope that is satisfactory to the Senator.
Mr. CULBERSON. On this side of the Chamber, Mr. Presi­
Mr. BURROWS. I think the mistake was made when the
dent, the opposition to the adoption of the conference report
Senator made the suggestion yesterday.
Mr. BEVERIDGE. I shall take the responsibility for mak­ now pending was stated by a member of the committee of con­
ing it yesterday. It was quite appropriate—quite necessary— ference on yesterday, the Senator from Colorado 1Mr. Teller].
that the request should have been made yesterday just when by the Senator from Nevada [Mr. N e w l a n d s ] , and by the Sena­
I made it. And I am next to the Senator as a member of the tor from Oklahoma [Mr. Owen], A political exigency has ai>parently decreed that this bill shall pass and become a law,
committee.
Mr. CULBERSON. I wish to inquire of the Senator from but it is not surprising to me that it has not so far found a
Michigan if the measure alluded to by the Senator from Indi­ defender in this Chamber. That at least is a tribute to the
ana is now in the Senate? My information is that it is not intellectual integrity of this body which is most gratifying.
The bill as reported by the conference committee is not only
in the Senate now, but in committee.
Mr. BURROWS. I would say to the Senator that the bill antagonistic, conflicting, a n d irreconcilable in its p r o v is io n s ,
but it violates the fundamental principle that g o v e r n m e n t and
is now before the Committee on Privileges and Elections.
Mr. CULBERSON. I suggest therefore that a request for not private interests should issue money. Even the basis of
unanimous consent for its consideration by the Senate is out the corporation currency which it authorizes is unsound. It
provides both for immediate inflation and for immediate and
of order.
Mr. BEVERIDGE. Oh, no. One can make a request for dangerous contraction of the currency. It is, finally, so mani­
unanimous consent at any time, and unanimous request takes festly in the interest of the great gambling banks of the country,
such as can afford to pay the high tax imposed, that the usual
up anything.
subterfuge and hypocrisy of the general welfare has not been
Mr. CULBERSON. The bill is not before the Senate.
Mr. BEVERIDGE. My unanimous-consent request was called j suggested.
As a citizen, as a Senator from one of the States of the
out by the remarks of the Senator from Texas yesterday, and
that is the only reason why it was made at that moment. I I Union, and as a Democrat who believes in equal rights to all
said then that I meant to press it, and I say now that I mean 1and special privileges to none, my earnest and u n q ualified proto press it. The bill is before the Senate. The committee is test is entered against the passage of such a measure.
It is opportune, Mr. President, to invite attention to another
only the agent of the Senate. Unanimous consent can take it
phase of our fiscal affairs, which opportunity I purpose taking
from the committee and bring It to a vote.
Mr. BURROWS. Mr. President, I call for the regular order. advantage of at this time. As the administration of F e d e r a l
The VICE-PRESIDENT. The Senator from Michigan de­ affairs by President Roosevelt is fortunately approaching its
mands the regular order. The question is on agreeing to the end, it is instructive to count its cost to the American people m
mere governmental expenditures and to coni pa re that cost with
conference report.
.
3
Mr. CULBERSON. Mr. President, the Congress has been in the nearest preceding six years with which a comparison >
session for six months. It is controlled In both branches by the legitimate and logical.
Mr. IA FOLLETTE. Mr. President, it becomes my painful
Republican party, in the Senate by nearly two-thirds and in the
duty to call the attention of the presiding officer to the fact
House by a willing and substantial majority.
Before the Congress convened in its present session there was that there is no quorum present.
a financial panic, originating in October of last year, and since
Mr. CULBERSON. I trust the Senator will not raise the
that time and since the convening of the Congress in December question.
the question of the causes of that panic and the remedy to be
Mr. IA FOLLETTE. I regret that I tflnst do so.
provided has been considered by the public and by the Congress
The VICE-PRESIDENT. The Senator from Wisconsin sug­
of the United States.
gests the absence of a quorum. The Secretary will call the roll-

1908.

CONGRESSIONAL RECORD— SENATE

Mr. KEAN. I thought the Senator from Oklahoma had that
document printed the other day.
Mr. OWEN. This is another one.
The VICE-PRESIDENT. Without objection, the document
will be printed.
Mr. OWEN. I ask unanimous consent that 20,000 copies of
each of the memorials which I have submitted on this ques­
tion may be printed. I call the attention of the Senate to the
fact that the speech of the Senator from Massachusetts [Mr.
Lodge] adverse to this proposition was printed to the extent of
20,000 copies, and I ask that this may be done.
The VICE-PRESIDENT. Is there objection?
Mr, KEAN. I understand the Senator from New York [Mr.
D epew] also made a reply to it in a birthday speech, and that
might also be printed.
The VICE-PRESIDENT. Is there objection to the request
of the Senator from Oklahoma [Mr. Owen ] that 20,000 copies
of the document mentioned by him be printed as a public docu­
ment? The Chair hears none, and it is so ordered.
Mr. GORE. Mr. President----The VICE-PRESIDENT. Does the Senator from Wisconsin
yield to the Seuator from Oklahoma?
Mr. LA FOLLETTE. Certainly, Mr. President
A TI-TR ST L A U M M R L
N
U
E G E E O IA .

Mr. GORE. Mr. President, I present a memorial and ask to
have it printed in the R ecord. I do not ask to have it printed
as a public document.
The VICE-PRESIDENT. The Senator from Oklahoma asks
that the communication presented by him may be printed in the
R ecord. Without objection, it will be so ordered.
Mr. KEAN. What is the memorial?
Mr. GORE. It is a memorial of the national committee of
the American Antitrust League. It refers to the pending bill
and to proposed amendments to the antitrust law, and is ex­
pressive of their opposition to both measures.
Mr. ALDRICII. I object to it being printed in the R ecord,
but I have no objection to its being printed as a document.
Mr. CULBERSON. Mr. President----The VICE-PRESIDENT. Does the Senator from Wisconsin
yield to the Senator from Texas?
Mr. LA FOLLETTE. Certainly.
Mr. CULBERSON. It occurs to me that a memorial is al­
most a privileged matter and, if it is printed at all, it ought to
be printed in the Record.
Mr. ALDRICH. No; I shall have to object to its being
Printed In the Record.
Mr. OWEN. I might ask permission to read it for my col­
league, since he can not read it for himself.
Mr. LA FOLLETTE. Mr. President, I will rend it, and that
will get it into the Record. If there is any objection to its
being printed in the Record, I will read it.
Mr. GORE. Mr. President----Mr. ALDRICH. I have no objection to the Senator from
W isconsin reading i t
Mr. LA FOLLETTE!. I will read it; but I want to say to
the Senator from Rhode Island [Mr. A ldrich] that he need not
be under any misapprehension here. My voice will hold out for
six weeks and my strength will go along with it. I have
tested it.
Mr. GORE. I am in full sympathy with the Senator from
Wisconsin [Mr. La F ollette ] and I regard him as Horatius
guarding the bridge; but I will accept the kindness at the hands
°t my colleague [Mr. Owen], declining it at the hands of the
Senator from Wisconsin.
Mr. LA FOLLETTE. I will yield to the colleague of the
Senator from Oklahoma that lie may read it.
The VICE-PRESIDENT. Does the Senator from Wisconsin
J’ield to the Senator from Oklahoma [Mr. Owen]?
Mr. LA FOLLETTE. I do,
Mr, GORE. Apd I desire to state now—
The VICE-PRESIDENT. Does the senior Senator from Okla­
homa yield to the junior Senator from Oklahoma?
•M OWEN. I do.
r.
Mr, GORE. I desire to say that there Is one allusion to
jhyself and to the Senator from Wisconsin [Mr. L a F ollette]
m this memorial against which I protested when it was
tendered to me, hut 1 was assured that it was the official action
of
league or of Us officials, and that they would not strike
t out nt my request.
, ,,,
Mr. L a FOLLETTE. I want to say, Mr. President, that 1 did
know that I was mentioned in the memorial I would like
to have thrit statement appear In the Record.
Mr. OWEN. The memorial reads as follows:
Washington, D. C., M od
Rk*te* honorable the Senate of the United States:
Uie undersigned representing the national committee or the AmerlAutiTrust League, respectfully call your attention to certaLn matters




7167

of the greatest and most urgent Importance to the Government and the
people of the United States, which require action at once, if the most
vital interests of the Government and the people are to be safeguarded
from the most insidious attack ever planned against the welfare of a
free people.
This impending assault upon the public rights takes the form of
two pieces of legislation now pending before Congress, one of which
is known as the “ Hepburn-Warner amendment to the antitrust law,”
and the other as the “ALdrich-Vreeland emergency-currency bill.” No
possible excuse can ever be framed by any Senator or Member of Congress
which will justify him to the people of America if either or both of
these iniquitous bills should be enacted into law by his aid. The
injury to the people would be so enormous and Irreparable that the
legislative offense in passing them would he absolutely unpardonable by
the voters of the country when they become fully cognizant of the men­
ace to their Interests involved therein.
We mention these two bills together because they are but parts of
one wide scheme of plunder and oppression devised by the lawless and
predatory individuals who control the great trusts and monopolies of
finance, transportation, mining, and manufacturing of our country and
who in the pending elections are seeking to buy control of the Govern­
ment in all its branches.
In the matter of certain dangerous proposed amendments to the
antitrust laws, which are commonly known as the “ Hepburn amend­
ments " and which were drawn by the officers and attorneys of a great
law-breaking monopoly known as the “ United States Steel Corporation ”
after secret conferences between the head officials of said steel trust
and certain high executive officers of the United States Government.
We call attention to the astounding facts disclosed in the following
extracts from the statements of ex-Mayor Low and others, taken from
the official report of the hearings before the House and Senate Com­
mittees on the Judiciary.
We also call your attention to the remarkable statements made in
President Roosevelt’s recent message on this subject showing an ex­
traordinary harmony between the opinions of the President and those
of the malefactors of great wealth.
We also submit for your consideration the statements of certain
Wall street bankers, who are well informed of the inner workings of
Wall street and Washington finance, and one of whom is prominently
identified with the steel-trust conspiracy in violation of the antitrust
law of 1890, as well as with certain great railway combinations, and
who was a prominent figure In the manipulation of the made-to-order
financial panic of October, 1907. His statement shows the perfect
agreement existing between the Wall street plutocrats and the President
as to the fact that they both want Taft as the next President of the
United States.
We further call your attention to the convincing and weighty evi­
dence of ex-Secretary of the Treasury, Hon. Leslie M. Shaw, for five
years a member of President Roosevelt’s cabinet, who by virtue of his
long experience in that official circle is necessarily well acquainted
with the inside relations existing between the Executive Departments
of the United States Government and the great combinations and
criminal trusts who are looting the entire nation by Presidential per­
mission. Mr. Shaw’s statement is positive, definite, and convincing as
to the unlawful indulgence granted by President Roosevelt to the steel
trust officers to violate the plain provisions of the law in strangling
their principal competitor, the Tennessee Coal and Iron Company,
through the instrumentality of their self-made panic of October, 1907.
One of the most amazing examples of the Immunity to commit crime
which is enjoyed by the steel trust coterie, is exhibited In the reports
of the meeting of the steel trust officials and others controlling a
monopoly of 95 per cent of the steel production of the United States,
which have been held in New York during the past week for the pur­
pose of combining to control prices and perfect their monopoly in
violation of the statutes of the United States. This, too, in face of
the fact that Congress is in session at the time and the President is
in full possession of the power to put an end to their offenses.
We direct your attention to the fact that instead of being guided
by the stern and just interpretation of the law laid down by Judge
Landis in one of the greatest decisions in the history of American
jurisprudence, viz, that these great monopolies “ are worse than the
men who rob the mails or counterfeit the coin of the realm ”—and
sending the officers of the law to arrest the lawbreakers who attended
the steel-trust meeting, the same as he would have done to a group
of small counterfeiters. President Roosevelt appears to have been acting
In harmony with Gary, Morgan, and Carnegie, the very chiefs of the
conspiracy.
This Is further shown In the New YoTk World’s published report of
the understanding, agreement, and combination of influence existing
between President Roosevelt and Chairman Gary, of the steel trust,
which we submit herewith, the joint results of which are to the campaign advantage of the President's political faction and candidate and
the strengthening of the grip on the resources and people of America
of the unlawful and oppressive monopoly of the steel corporation.
We also call your attention to the numerous published statements
as to the understanding that is reported to have been arranged between
the Executive Department and certain great railroad combines whereby
the latter were to be allowed to violate the law bj the wholesale raising of rates and by the consolidation and control of competing lines.
We also call your attention to the published accounts of the re­
markable understanding said to have existed between the President of
Vnited States nod the president of the New Haven Railroad,
wberebv the former was to suspend the operation of the law for the
benefit of tbe latter, who. on a former occasion, in the Presidential
campaign of 1904, was one of the first of the gentlemen controlling
1 Br,.at lines of transportation to announce his support of the President
in that campaign and his contribution of a $10,000 check to that end.
Another circumstance, showing the close, if not questionable, rela­
tions existing between the Executive Departments and the steel trust
D indicated in the statements regarding tbe interference of the agents
of tbe steel combine’s armor-plate branch in favor of the President's
Mil for four battle ships recently before tbe Senate and the House.
F' r years it has been a public scandal that the armor plate trust,
which is a branch of the steel monopoly, has been operating in brazen
violation of the law and looting the Public Treasury by their extortionate prices for armor for the Navy Department.
The Aldrich Vreeland bill should never be enacted bv Congress,
because it virtually authorizes and creates a monopolistic trust of
banks, which would Inevitably be dominated by the great steel trust
and Standard Oil banks combination of New York, And still more
dangerous is the fact that the Aldrich-Vreeland bill, if enacted into
law. would be substantially an abdication by the Government of its
high constitutional function of Issuing money and the surrender of
that essential attribute of national sovereignty to a group of trust




7168

CONGRESSIONAL RECORD— SENATE.

May 29,

bankers in the great cities who to day should be standing trial before [Mr. Aldrich], for he will not answer frankly to me and I have
a jury for their numerous offenses against the laws of the United got to go over the Record to get his position upon this bill----States.
Mr, FORAKER. Mr. President, I call the Senator to order
No currency bill should be enacted by Congress which does not con­
tain the provisions embodied in the amendments offered by Senator under Rule XIX of the Senate.
L a Follette, of Wisconsin, and Senator Gore, of Oklahoma, when the
Mr. LA FOLLETTE. That is all right; certainly, Mr. Presi­
bill was last before the Senate.
The utterly indefensible action of a dominant faction of the House dent.
of Representatives yesterday in jamming through the House with
Mr. FORAKER. And I ask that lie be required to take his
only thirty minutes of debate of a cunningly and secretly concocted, SCilt.
unprinted bill of such enormous importance as the Aldrich-Vreeland
Mr. LA FOLLETTE. Certainly; that helps to fill in the time.
bill should not be tolerated and fully warrants the Senate in sending
it back for fuller and fairer consideration. Such a bill could not boar I will resume my seat and resume the floor again when it is
the light of public discussion and honest amendment; hence the se­ proper.
crecy and haste shown in its preparation and passage.
Mr. FORAKER. When the Senate permits.
The gravest injury both to the political and business welfare of the
people of the United States wiii surely follow should the steel trust
Mr. LA FOLLETTE. I am obliged to the Senator from
and its affiliated banks and railroads be allowed to name the next Ohio.
President and control the next Congress of the United States. Such
The VICE-PRESIDENT. Subdivision 4 of Rule XIX pro­
a lamentable result may well follow. The passage of the AldrichVreeland bill and the failure of the legislative branch of the Govern­ vides :
ment to take energetic hold of this matter promptly and fully
4. If any Senator. In speaking or otherwise, transgress the rules of
exposes the whole facts in relation to the matters which vre have the Senate, the presiding officer shall, or any Senator may, call him
recited herein.
to order; and when a Senator shall be called to order he shall sit down,
Therefore we most earnestly appeal to your honorable body to defeat and not proceed without leave of the Senate, which, if granted, shall
the Aldrich-Vreeland bill and to adopt the resolution asked for by be upon motion that he be allowed to proceed in order, which motion
the committee of the antitrust league in its verbal request and written shall be determined without debate.
letter recently submitted to the Judiciary Committee of the Senate.
Mr. GALLINGER. Let paragraph 2 of that rule be read.
Plain language and prompt action are absolutely necessary in times
of public danger. We have used the one, and, “ trusting in the grpat
The VICE-PRESIDENT, Paragraph 2 of the same rule pro­
historic precedents which have proven the legislative branch of the
Government to be the defender of popular rights against Executive vides :
2. No Senator in debate shall, directly or indirectly, by any form of
abuses,” we appeal to the Senators and Representatives to protect the
words impute to another Senator or to other Senators any conduct or
people by the other.
motive unworthy or unbecoming
Senator.
Respectfully submitted.
H. B. Martin,
r Mr. GORE. I more that the Senator from Wisconsin be

a

»

Secretary National Committee American A ntitrust League.

Mr. OWEN. Mr. President, I have thought it proper to give
an opportunity to my colleague to have this memorial iuserted
in the R ecord. I had not seen the memorial before I read it
to the Senate, and I disclaim any further responsibility in the
premises.
Mr. HALE. Mr. President----The VICE-PRESIDENT. The Senator from Maine.
Mr. LA. FOLLETTE. I yield to the Senator from Maine.
Mr. HALE. I do not ask the Senator to yield. The Senator
yielded the floor and I secured the recognition of the VicePresident. I only wish to say-----Mr. LA FOLLETTE. I can not hear the Senator from Maine
Mr. IIALE. I will make the Senator hear me. I only wish
to say, Mr. President, that while the point was not made when
the Senator from Wisconsin yielded to the Senator from Okla­
homa, hereafter I shall ask that the rule of the Senate be en­
forced. There is no practice recognized in the Senate of a Sen­
ator farming out his time or yielding to another Senator and
still holding the floor. Any Senator speaking can yield to an­
other Senator, but he thereby loses the floor. But Senators
will bear me out in saying that we have never recognized here
the practice of yielding temporarily, so that a Senator may come
in and introduce new matter, extraneous matter, occupy the
floor for a time, and then the Senator speaking resume it.
Hereafter, first, because the Senator from Wisconsin in speaking
to the subject which he has so much at heart can keep to it
better than anybody else, and presumably will keep to it, if the
Senator seeks to yield the floor, I shall ask that the rule of the
Senate be enforced, and that when he yields the floor he can
never resume it again except as recognized anew by the Presi­
dent. He can not hold the floor and yield it from time to time
to other Senators and then resume it. I do not need to argue
this question, because Senators will remember that that has
been the invariable rule of the Senate. I shall Insist upon it
hereafter.
Mr. LA FOLLETTE. Mr. President, I am awfully glad that
the Senator from Maine has delivered himself of this. I know
he will feel a whole lot better as we progress with this discus­
sion. Now, you know it would not make a particle of difference
to me whether I hold the floor continuously for the next two or
three weeks or whether I hold it intermittently. I am going to
be here for a good while; I will say that to the Senator from
Maine.
Mr. HALE. I had in mind the statement----The VICE-PRESIDENT. Does the Senator from Wisconsin
yield to the Senator from Maine?
Mr. LA FOLLETTE. Surely.
Mr. HALE. I had in mind the statement of the Senator this
morning that he was under deep physical infirmity.
Mr. LA FOLLETTE. I am.
Mr. IIALE. So we perceive.
Mr. LA FOLLETTE. But I am also under a deep conviction
with respect to this legislation, and I will go to the limit of
every bit of strength there is in my body to defeat it, unless eer.un things are taken out of this bill; and as soon as I can reach
it, Mr. President, in an orderly way—and I have to do it by a
boit of cross-examination of the Senator from Rhode Island

allowed to proceed in order.
Mr. BEVERIDGE. There has not yet been a ruling of the
Chair.
The VICE-PRESIDENT. The Senator from Oklahoma
moves that the Senator from Wisconsin be allowed to proceed
in order.
Mr. BEVERIDGE. There has been no ruling as yet, and the
Senator’s motion is premature.
The VICE-PRESIDENT. That is for the determination of
tlie Senate.
Mr. FORAKER. The motion must be determined without
debate.
The VICE-PRESIDENT. The question is on agreeing to the
motion of the Senator from Oklahoma. [Putting the question-]
The Chair is in doubt, and will again put the question. [Tut­
ting the question.] By the sound the noes seem to have it.
Mr. GORE. I call for the yeas and nays.
The VICE-PRESIDENT. Is there a second to the demand
for the yeas and nays?
Mr. BACON. I desire to make a parliamentary inquiry.
The VICE-PRESIDENT. The Senator from Georgia rises
to a parliamentary inquiry.
Mr. HALE. The Senator will let me make a suggestion? I
hope the Senator from Wisconsin will be allowed to go on.
Mr. ALDRICH. In order.
Mr. HALE. The presumption is----Mr. FORAKER. The motion is not debatable, Mr. P r e s id e n t .
The VICE-PRESIDENT. It is not debatable.
.M FORAKER. And it is a motion that ought not to be de­
r.
batable.
The VICE-PRESIDENT. There can be no debate upon the
question.
Mr. LA FOLLETTE. That is right. I do not want to go on
by indulgence, either.
Mr. BACON. I rise to a parliamentary Inquiry.
The VICE-PRESIDENT. The Senator from Georgia will
state his parliamentary inquiry.
Mr. BACON. I desire to know the effect of the motion that
the Senator be allowed to proceed in order. My inquiry is
whether those who are willing for him to proceed, upon the
condition that the rules shall not hereafter be violated, can
properly vote in the affirmative with that understanding. 1
want to know----The VICE-PRESIDENT. The Chair put the motion in the
language of the rule.
Mr. BACON. “ Proceed in order.” I desire to know what
the words “ in order” mean as relating to this q u e s t io n j
whether they relate to his future language, or whether to the
past.
Mr. nALE. To the future.
The VICE-PRESIDENT. The language needs no interpreta­
tion, in the opinion of the Chair.
Mr. REVERIDGE. The motion is not debatable.
The VICE-PRESIDENT. Is there a second to the demand
for the yeas and nays?
The yeas and nays were ordered.
Mr. IIALE. Will the Chair state the question?
The VICE-PRESIDENT. The motion Is that the Senator

CONGRESSIONAL RE CO RD -SEN ATE.

1908.

from Wisconsin be allowed to proceed in order, upon which the
yeas and nays have been ordered. The Secretary will call the
roll.
The Secretary proceeded to call the roll.
Mr. CLARK of Wyoming (when his name was called). I
have a general pair with the Senator from Missouri [Mr.
Stone ] . In the absence of that Senator, I withhold my vote.
Mr. CLAY (when his name was called). I am paired with
the senior Senator from Massachusetts [Mr. L odge].
Mr. DEPEW (when his name was called). I am paired
with the senior Senator from Louisiana LMr. McE nery].
Mr. DILLINGHAM (when his name was called). Owing to
my general pair with the senior Senator from South Carolina
[Mr. T il l m a n ] I withhold my vote.
Mr. FULTON (when his name was called). I have a gen­
eral pair with the junior Senator from Arkansas [M r. D a v is ].
He being absent from the Chamber, I withhold my vote.
Mr. SCOTT (when his name was called). I have a general
pair with the senior Senator from Florida [Mr. T aliaferro],
and therefore I withhold my vote.
Mr. WARREN (when his name was called). I announce my
general pair with the senior Senator from Mississippi [Mr.
Money],
The roll call was concluded.
Mr. CLAPP. I have a general pair, but I think I can dis­
regard his absence, and will vote. I vote "yea.”
Mr. LA FOLLETTE. Mr. President, I decline to vote, beeause interested----Mr. GALLINGER. No debate is in order, Mr. President.
Mr. LA FOLLETTE. Because interested in the determ inaH°n of this question.
The result was announced—yeas 46, nays 1 , as follows:
.
YEAS—46.
A
ldrich
AU
lson
A
nkeny

Burrow*
Carter
Clapp
Culberson
Cullom
Curtis
Daniel
Dixon
fin Pont
Flint
Gallinger
Cary

[[aeon
Bailey

gank'hend

grown

Burkett

Core
Guggenheim
Hale
Hemenway
Heyburn
Johnston
Kean
Long
Nelson
Newlands
cyan.
"Overman

Paynter
Piles
Platt
Smoot
Stephenson
Sutherland
Tavlor
Teller
Warner
Wetmore

NAYS—1.
Foraker

NOT VOTING—45.

®°urne

ghlkeley

p
.llrhham
k at% Wyo.
«;rke,Arl,.
Crane

Elkins
Foster
Frazier
Frye
Fulton
Gamble
Hansbrough
Hopkins
Klttredge
Knox
La Follette
Lodge

McCreary

Scott

McEnery
McLaurln
Martin
Milton
Money
Nixon
Penrose
Perkin*
Itayner
Richardson

Smith. Md.

MeCumber

Simmons
Smith, Mich.

Stewart
Stone
Taliaferro
Tillman
Warren

Davis
Depew
Dick
ftiyinghjim
Dolliver
So Mr. ( ___________ J was agreed to.
:’s motion _____P
The VICE-I’RESIDENT. The Senator from Wisconsin.
t Mr. LA FOLLETTE. Mr. .President, I have no desire to
j “nsgress the rules of this body, of which I am a member, and
* ap not believe that I have. I believe that upon the questions
w 1Ca I submitted to the Senator from Rhode Island I was
jr,frrantxRl in making the inference which I made when I was
‘Trupted and taken from the iloor by the Senator from Ohio,
am’ H U N G E R . Mr. President----viol i VlCE PRESIDENT. Hoes the Senator from Wisconsin
t0 the Senator from New Hampshire?
w r- EA FOLLETTE. I do, sir.
a r i ’ BALLINGER. Does the Senator recall the fact that at
ear,ier hour of the day he spoke of such Senators as are
\r* J m ‘a11 that he used that language.
V - EA FOLLETTE. Perhaps I did.
1
/
M ? ALe INGER. Yes.
in t e ’ FOLLETTE. I do not recall, however, that I was
'•rrupted in ray remarks at that time
been * '*a Ee *NGBR. The Senator was not. He ought to have
Mr
a, , ,LA FOLLETTE. I take it that the complaint made
re etiw me by the Senator from Ohio [Mr. F oraker] goes di
wiii.n 30 . wbat I said at the time when I was interrupted and
t^j.
1 Dad the floor. Now, I want to say this: I shall obmenn #D 1 resPeCt the rules of this body so long as I am a
ercko r 0f 14 iu 80 far ns 1 understand those rules. I shall exrights as a luember of this body, In so far as I unI Kind0 r k°m’ 80 l°n£ ftS * nni a member of the body. What
•tood if. i 0 not know whether the Senator from Ohio under« ; in the haste of the discussion he may have misunderXLII----- 119




7169

stood me—I do not think warranted the interruption which he
chose to make. He was entirely within the r u le -I concede
that—in taking me from the floor. That can be done, as I un­
derstand the rules, when a Senator is in perfect order it, in me
opinion of the Senator complaining, he is not in order.
Mr. FORAKER. Mr, President----The VICE-PRESIDENT. Does the Senator from \\ isconsin
yield to the Senator from Ohio?
Mr. LA FOLLETTE. I do, sir.
.
,
Mr. FORAKER. Has the Senator before him the language
he employed?
Mr. LA FOLLETTE. I have.
Mr. FORAKER. Will he be kind enough to read it /
Mr. LA FOLLETTE. I will be glad to.
And I have to do it bv a sort of cross-examination of the Senator
from R U e V a n d U r . A ldrich ] for he will not
^
me. aDd I have got to go over the Record to get his position upon ima

bill.

Mr. FORAKER. I understood the Senator directly to charge
that the Senator from Rhode Island had not frankly answered
the questions he had directed to him, and I thought that was a
reflection on a brother Senator which brought the speaker
within Rule XIX, which provides that no Senator shall be al­
lowed to reflect upon any other Senator or upon any State, and
that when any reflection is indulged in the Presiding Officer or
any Senator may call him to order, in which event he is required
under the rule to take his seat and is not allowed to resume his
address unless the Senate votes that he may proceed in order.
The Senator had, just before be made that remark, served
notice on the Senate that he contemplated, as I understood him,
addressing the Senate, if that should be necessary, for the period
of six weeks. That made me somewhat anxious, without any
feeling about the matter, to end the remarks of the Senator, if I
had a right to do so. And unless the Senator shall proceed in
order I may be tempted to take exception again.
Mr. LA FOLLETTE. But I do not understand that it has
been determined that I was not proceeding in order.
Mr. FORAKER. Mr. President----The VICE-PRESIDENT. Does the Senator from Wisconsin
yield to the Senator from Ohio?
Mr. LA FOLLETTE. After a moment. I understand that
at any time in the remarks of a Senator on this floor when the
Senator objecting to those remarks rises and asks that he he
required to take his seat and that the Senate pass upon the
question whether he shall proceed or not, he is required to
take his seat. I do not understand that the fact that he is
obliged to surrender the floor at that time is a determination
upon the part of the Senate that he has not been proceeding in
order.
Mr. FORAKER. Mr. President----The VICE-PRESIDENT. Does the Senator from Wisconsin
yield to the Senator from Ohio?
Mr. LA FOLLETTE. I do.
Mr. FORAKER. It may be true, as tlie Senator suggests,
that the Senate lias not decided that his language is out of
order. Certainly the Senate has refused to decide that the Sena­
tor should not be allowed to proceed.
Mr. HALE. In order.
Mr. FORAKER. The Senate lias decided that he may pro­
ceed in order, and the Senator has, I think, a right to deduce
from that that the Senate has exonerated him.
Mr. LA FOLLETTE. It seems to me----Mr. FORAKER. I voted in a minority of one, but it Is not
the first time, and my mind is not changed by the result of
the ballot.
Mr. LA FOLLETTE. I did not apprehend that the Senator
from Ohio would change his conviction upon any question
because he was alone. He has been alone a whole lot of times.
[Laughter.] While I believe that he is generally wrong, I can
not help having an admiration for him, not only for the brilliant
way in which he defends his untenable position, but for the
courage which it takes from any man to assume such a posi­
tion. [Laughter.]
Mr. President, I certainly intended to keep within the rule,
because that is the only way I can go along. I am rather dis­
appointed that the Senator from Ohio, by implication, seems not
to be altogether entertained by my remarks.
Mr. FORAKER. Oh, Mr. President, I can assure the Sen­
ator that I am accepting his remarks as agreeably as anybody
on this side or, perhaps, any other place, and by that I do not
mean any reflection,
Mr. LA FOLLETTE. Well, Mr. President----Mr. FORAKER. The Senator will pardon me for saying that
he is consuming a good deal of time on a very hot day, when
we were hoping we might adjourn and carry out some "engage­
ments Senators have made, myself among the number, it" is




71 70

, Mat 29,

CONGRESSIONAL RECORD— SENATE.

a little bit disappointing to be kept here. But I can stay,
perhaps, with as little discomfort as the Senator can or anyone
else.
Mr. LA FOLLETTE. I am awfully sorry that the Senator
is suffering any discomfort whatever from my remarks, be­
cause I have not really got started yet. [Laughter.] I have
canceled all my engagements, and, as suggested by a Senator,
burned my bridges, and I want to discuss this question and dis­
cuss it fairly. I can not hope, of course, always to entertain
and interest the Senator from Ohio and other Senators, but I
will do the best I can.
I want to say to the Senator from Ohio and to my other col­
leagues in this body and to the whole country, that I am willing to
submit my case upon the R ecoed as it is transcribed to-day. I
want to be within the rules of this body. I have not as inti­
mate an acquaintance with them as have members of longer
service here. I do not apprehend that they are designed to
muzzle debate, that they are intended to prevent so much of
plainness of speech as will at least make the truth apparent
here. If they are, then it is very unfortunate for our country.
This is a representative Government. Can not this question
be argued here pretty plainly and pretty fully? Can we not
call a spade a spade, not, I agree, going to the limit for
one moment of doing violence to the rules of this body or any
other parliamentary body, but, on the other hand, not straining
and refining and splitting hairs to put a man before the country
as having violated apparently the decencies of debate? I shall
not do that.
Now I come back, so far as my best recollections can conduct
me, to the point where I was when interrupted, and I want, in
view of the fact that I am fortunate in having a pretty good
attendance of the Senate now—much better than I had when I
delivered my remarks upon the Aldrich bill in March—to bring
the attention of Senators to the view's of the Senator from
Rhode Island [Mr. Aldbich], as expressed some considerable
period ago and in another session, upon the merits of State,
county, and municipal bonds, when a bill was before the Senate
with respect to deposits of Treasury funds in national banks.
And, approaching that, it is necessary for me to read one or two
•paragraphs in my address which led in a logical and reasonable
way up to that question. So I begin at the point where I
was interrupted. The question which I was then bringing to
the attention of the Senate was this:
What are these securities? State bonds, municipal bonds, and— as
reported by the committee and advocated by the Senator from Rhode
Island [Mr. Aldbich]— railroad bonds.

In opposition to the amendment of the Senator from Minnesota [Mr.
Nelson] the Senator from Rhode Island [Mr. A ldrich] advanced a
skillfully contrived argument embodying the following propositions:
1. That banks could not afford to buy Government bonds at prevail­
ing market prices to secure United States deposits and pay 2 per cent
interest on deposits.
2. That under the amendment all United States deposits would go
to a few large banks In New York, Chicago, and other large financial
centers, which alone carry securities of the kind named in the amend­
ment.
3. That these securities, namely, municipal and railroad bonds, were
so unstable in character that no prudent banker could afford to invest
in them.

As there was a little confusion in the Senate Chamber when
I read that, I presume I will have to reread it, Mr. President.
The VICE-PRESIDENT rapped w'ith his gavel.
Mr. LA FOLLETTE. It seems to me, Mr. President, that
there is some conversation in the galleries. I should like to
have it suppressed. I do not wish to use my voice in opposition
to the voice of any Senator or spectator in this auditorium.
The VICE-PRESIDENT. The occupants of the galleries will
kindly refrain from audible conversation,
Mr. LA FOLLETTE (reading):
3.
That these securities, namely, municipal and railroad bonds, were
so unstable in character that no prudent banker could afford to invest
In them.

I hope that is heard and understood by all the Senators here.
It seemed to be the opinion of the Senator from Rhode Island
a little more than a year ago that securities which are now
admissible in this bill as a basis for a circulating medium
were not sufficiently reliable in character to be accepted as
security for Government deposits. Now, either the Senator
from Rhode Island was wrong at that time, or else this bill
that proposes to make that class of securities the basis and
foundation for a currency circulation is a pretty bad proposition.
Mr. President, I am advised that by a count of this body there
is no quorum present.
The VICE-FRESIDENT. The Chair has counted the Senate.
There is no quorum present
Mr. LA FOLLETTE. I will ask to have a roll call.
The VICE-PRESIDENT. The Secretary will call the roll.
The Secretary called the roll and the following S en ators
answered to their names:
Aldrich
Allison
Ankeny
Bacon
Bailey
Beveridge
Brandegee
Briggs
Brown
Burkett
Burrows
Carter
Clark of Wyo,
Clay

Culberson
Cullom
Daniel
Depew
Dick
Dillingham
Dixon
du Pont
Flint
Foraker
Frazier
Fulton
Gaiiinger
Gary

Gore
Guggenheim
Hale
Heraenway
Hopkins
Johnston
Kean
La Foilette
Long
McLaurln
Milton
Nelson
Pay n ter
Piles

P latt
Scott
Simmons
Smoot
Stephenson
Sutherland
Taylor
Teller
Warner
Warren
Wetmort

There is some confusion in the Chamber—so much so that I
am not able to make the Presiding Officer hear. Mr. Presi­
dent, I say again, there is confusion in the Chamber, and I wish
it could be brought to order, to the end that what I am reading
may be heard by Senators who are so anxious, I am sure, to
get these views.
The VICE-PRESIDENT. Fifty-three Senators have an­
The VICE-PRESIDENT. The Senate will be in order.
swered to their names. A quorum of the Senate is p r e s e n t
Mr. LA FOLLETTE (reading) —
The Senator from Wisconsin will proceed.
Mr. President, by whom are such bonds held?
Mr. LA FOLLETTE. I am delighted to know that a quorum
That is, State and municipal bonds.
is present
Are they stable securities?

That is another question.
Mr. President, by whom are such bonds held? Are they stable se­
curities? Or are they fluctuating in character? If it should appear
that such bonds are for any reason chiefly held by a limited number of
banks, not available to the great majority of national banks, it would
appear that the effect of this legislation, whatever Its purpose, would
be to confer a benefit upon those banks holding or controlling such se­
curities which form their adoption as the basis for currency issue.

I want to say to my colleagues on this floor that I am not
going to squander one single scruple of my strength. While
speaking I am going to have the attention of the Senate and the
attendance of a quorum.
* re™ the present attitude of the Senator from Rhode Island, or
would be bound to believe that he considers municipal and railroa
ponds as safe and stable investments for banks and a safe and stab!
basis for currency issue.
opiptojj, of the Senator upon this question one yea
of
Aldrich bill of that session to increase the free deposit
At
for the group banks was pending in the Senate
as before stated, the Senator from Minnesota offered a
df nnHrT
requiJe national banks to pay taxes upon Governmen
that the
broader than that, and I do not believ
tnat the run breadth of that amendment and Its full scope and Durno-i
* * lr ° b m ,~ht t0
attention of the Senate in this d i s S m
sw:uritr” }
p™v,de<* further that the Treasurer should accept a
r n F te d V a t J >hrtnAdepi,si ts mumdpal a»d railroad bonds, as well
Ul,u lla,“cu me .>ew iorg and Massachusetts ss
f a n £ 'y 2;
3 ^
Massachusetts
a cr^ rio n . It was thought by the S o r f n
afforrt*^
amendment would enable banks which could n

railroad bon C
d-.
the TreasurY » !
of the Go^meai deposit

prewiling Wgh S I "

depots, to buy m
unicipal bonds t
tbelr u ,ept,!nce b? the Secretary
T'c
*U h baD t0 share iQ
C
ks
heoe:

The Senator from Rhode Tsland sejraed quite indifferent to the fi' t
brought out in that debate that the Secretary of the Treasury 1
f’astyL
that time already accepting securities of the class specified i*
amendment of the Senator from Minnesota.
, h!a
While generously enlightening the Senate from the fullness or n»
knowledge and experience in the realm of finance as to just w hat class
of banks held the specified securities and where they were located, t“e
chairman of the Finance Committee, In reply to the all-important a u c ­
tion of the Senator from Minnesota [Mr. N elson ] as to the eharacwj
of the bonds then being accepted by the Treasury, contented him*-*
with a weak “ I am not advised ’’— just as he was “ not advised t“*
other day of Mr. Morgan’s attitude on the pending bill. It would seem
that on a matter which had been officially announced to the bajunus
world by the Secretary of the Treasury: which had been avowed in
official report; which Involved most important questions of fiscal p°*
icy as well as a questionable construction of la w ; which was an imPyJ
tant subject of legislation before the Senate and before the Finani
Committee, and which the Senator himself dignifiofi by an el*bor»®°
address— it would seem that as to a matter of this kind the ena*rffl““
of the Important Committee on Finance would have had some cunosiw
to know the real facta of the case.
h.
It would seem that as the chairman of the Finance Committee *1
might have asked the Secretary of the Treasury about it. Coming ‘r® .
him it would not have been Indelicate or embarrassing. He did not mju
asking the Department to construct for him an elaborate computation
to show that banks could not afford to pay interest on dopo-its.
,
But the Senator wanted to defeat the interest amendment, and *
that end argued against the admission of other tbap United Staw*
bonds, because be could not show that the Interest would be so buroe
some if these bonds were admitted to secure the deposits. He did n
profess to know that precisely this character of bonds were aireao.
being accepted. Evidently he did not much care. He could **5“
against their admission, notwithstanding that they were aireadv bem*
admitted, as then stated and as subsequent inquiry confirms. The
ator did know that the banks holding this class of bonds were the 1
banks of New York and the great financial centers. These bank* u*
not want any law authorizing the deposit of these bonds as secUrJha
for Government money coupled with an interest charge. So far as

7195

CONGRESSIONAL RECORD— SENATE.

1908.

Mr. ALDRICH. It is that the roll call of the Senate having
disclosed the presence of a quorum and no business having inter­
vened, the suggestion of the absence of a quorum is not in order.
Gary
Guggenheim
f
The VICE-FRESIDENT. The Chair submits to the Senate
Hale
/ the question of order raised by the Senator from Rhode Island,
Hemenway
f which is that, the roll call of the Senate having disclosed the
Heyburn
The VICE-PRESIDENT. Forty-eight Senators having an^ I presence of a quorum and no business having intervened, tne
[suggestion of the absence of a quorum is not in order.
Bered to their names, a quorum is present.
1 Mr. LA FOLLETTE. Mr. President, I just wish to suggest,
FIGURES AS TO RAILROAD STOCKS AND BONDS.
in order that it m ay appear upon the R ecobd that debate has
Mr. LA FOLLETTE. Mr. President, I shall continue to read intervened since the last roll call.
Mr. ALDRICH. That is not business.
from this enlightening address:
Mr. LA FOLLETTE. I just wish that to appear upon the
This is to be the great issue of the future between the American

GalHnger

Hopkins
Johnston
Kean
La Follette
Long
Milton

Nelson
Overman
Paynter
Piles
Scott
Simmons

Smoot
Stephenson
Sutherland
Warner
Warren
Wetmore

people and the railroads: Shall the holders of railroad securities re­
ceive reasonable dividends on a valuation approximating the actual
Value of the investment, or shall the entire people of the country
submit permanently to being arbitrarily forced to pay more for transPortation than is necessary or authorized by law? This is a Republic
of the people, not of the railroads nor even of their stockholders. And
there can be but one final outcome of this great, all-important, and
irrepressible struggle.

R ecord.

,

,

.

Mr. ALDRICH. My suggestion was that debate was not
business.
, _
.
.
Mr. LA FOLLETTE. And I want to remind Senators here
to-night, before this vote is taken, that every precedent you
establish to-night will be brought home to you hereafter.
Mr. GALLINGER. Mr. President, I simply desire to add to
what has been said, that if the entire business of the Senate
can be put in the hands of one man, that one man could de­
stroy the Government; he could prevent appropriations being
made to carry on the governmental machinery, and it is ab­
surd to suppose that it was ever so intended.
Mr. CULBERSON. Mr. President, I understood the Senator
f r o m Rhode Island to read from subdivision 2 of Rule V.
I Mr. ALDRICH. I did not read any rule. I make the point
upon the ordinary parliamentary law, which governs this body
in the absence of rules, that the Senate itself has decided this
precise point upon, I think, two or three occasions. I have one
precedent before me, which is exactly on all fours with the
| present situation.
Mr. CULBERSON. The Senator then read from a decision
j on the question?
Mr. ALDRICH. Yes; I called attention to a case which ap­
pears in the R ecord.
Mr. CULBERSON. Mr. President, that refers to a particular
; proceeding of the Senate. I simply want to read the rule,
which provides:

These official figures show the striking inequality in capitali­
sation which has existed between several of the most im­
portant railroad systems. Capitalization, including bonds, per
tnile of road was, in 1906, as follows:
Reading is bonded at $176,639—mark you, this is per mile.
The Heading is bonded per mile at $176,639. It is stocked per
hille at $140,000. The total capitalization of the Heading road
is $316,639 per mile.
The New York Central is bonded at $61,053 per m ile; stocked
at $35,043 per mile; total $96,096 per mile in 1906.
The Pennsylvania is bonded at $52,206 per mile; stocked at
$81,521 per mile; total $133,727.
The St. Paul is bonded at $16,721 per m ile; it is stocked at
$H>,311 per mile; total $32,032 per mile.
The Lake Shore Is bonded at $66,660 per mile; it is stocked
at $32,895 per mile; total $99,555.
The Burlington is bonded at $19,510 per mile; it is stocked
$12,416 per mile; total $31,926.
The Chicago and Alton is bonded at $77,698 per mile; it is
stocked at $41,119; total $118,817.
Just look at the wide discrepancy of the capitalization of
2. If. at anv time during the daily sessions of the Senate, a question
these roads. Then, when you come to state the dividends paid shall be raised bv any Senator as to the presence of a quorum, the
a n 6 interest paid upon bonds, the injustice and wrong of this Presiding Officer shall forthwith direct the Secretary to call the roll
capitalization becomes apparent, in fact, perfectly grotesque, and shall announce the result, and these proceedings shall be without
debate.
ft never can be permitted to stand.
It not only provides that it shall be done at any time during
The Canadian Pacific is bonded at $14,030 per mile; it is the daily sessions, but provides that the proceedings shall be
stocked at $14,667 per m ile; total capitalization $2S,697.
The Erie is bonded at $103,068 per mile. That is one of the ^ ‘, . W
1
;ni?VT
The question is on the point of
toads that has been jobbed to death, you know. It is stocked [/ order submitted by 4V . ’Senator from Rhode Island [Mr.
I *'e }
the
at $81,948; total $185,010 per mile.
The Great Northern Is bonded at $34,890 per mile; it i A '“
F O L L E T T E . Mr. President, I ask for the yeas and
stocked at $25,104 per m ile; total $59,994.
navs upon that question.
The Union Pacific is bonded at $41,150 per mile; it is stocked
The VICE-PRESIDENT. Upon that question the Senator
at $47,323 per m ile; total $88,473.
from Wisconsin demands the yeas and nays. Is there a second?
The Southern is bonded at $32,213 per mile; it is stocked at In the opinion of the Chair there is, and the yeas and nays are
*23,949 per mile; total $56,162.
ordered. The Secretary will call the roll.
Mr, President, I suggest the absence of a quorum.
The Secretary proceeded to call the roll.
Mr. ALDRICH. Mr. President, I rise to a question of order.
Mr CLAY (when his name was called). I announce my pair
The suggestion of the Senator from Wisconsin is not in order. w i t h the senior Senator from Massachusetts [Mr. L o d g e ] .
We have had 32 roll calls within a comparatively short time,
Mr. DEPEW (when his name was called). I am paired with
all disclosing the presence of a quorum. Manifestly a quorum the Senator from Louisiana [Mr. McE nery], hut I transfer
ls in the building. If repeated suggestions of the want of a that pair to the senior Senator from New York [Mr. Platt],
fihorum can be made without intervening business, the whole
and vote. I vote “ yea.”
business of the Senate is put in the hands of one man, who
Mr. FRAZIER (when his name was called). I announcejny
can insist upon continuous calls of the roll upon the question pair with the junior Senator from South Dakota [Mr. K ita quorum. My question of order is that, without the inter­ t b e d g e ] , who is absent. I therefore withhold my vote.
vention of business, a quorum having been disclosed by a vote
Mr. NELSON. I am authorized to release the Senator from
Pr by a call of the roll, no further calls are in order until some his pair, i f he w i l l vote.
,,
business has intervened. I should be glad if the Vice-President
Mr FULTON (when his name was called). I ha've a gen­
Would submit that question of order to the Senate.
eral pair with the junior Senator from Arkansas [Mr. D a v is ],
I call the attention of the Chair to a decision in a case, He is not present, and I transfer that pair to the junior Sen­
which is on all fours with this, made on March 3, 1897, when ator from Oregon [Mr. B ourne], and vote. I vote “ yea.”
tliis precise question was raised by the then Senator from New
Mr WARREN (when his name was called). I have a gen­
Tm-k, Mr. Hill, who sustained it by the same argument which eral pair with the senior Senator from M ississippi [Mr. Money].
1 am now calling the attention of the Chair to; a n d the point I will transfer that pair to the junior Senator from Maine [Mr.
tnnde by the Senator from New York was sustained. It is found F rye] and vote. I vote “ yea.”
on Page 2737 of volume 29, part 3, of the Record, second sesThe roll call was concluded.
8i°n, Fifty-fourth Congress. The language was—
Mr. SCOTT (after having voted in the affirmative). I have
l ^ X
r Z
cal^aml^hatT'Senator ‘cuTnoTimmediately a general pair with the senior Senator from Florida [Mr. T alia­
ferro], but I voted. I will transfer that pair to the Senator
mean to embrace the from Nevada [Mr. N ixon] and allow my vote to stand.
m re that no business has intervened?
atu
Mr. DILLINGHAM (after having voted in the affirmative).
Mr, Hu l Yps • that no business has intervened.
,
I have a general pair with the senior Senator from South Caro­
The P ikkidi no’ Officer. The Chair sustains the point of order.
lina [Mr. T illman]. I did not suppose that pairs would be
The VICE-PRESIDENT. Will the Senator from Rhode Island
observed on a question of this character, and so I voted. But
bindly restate his point of order?







CONGHESSIOXAL KECORD— SENATE.

7196

Mat 29,

as I see that others have observed their pairs, I transfer my eral pair with the senior Senator from California [Mr. Per­
pair to my colleague [Mr. Stewart], and will let my vote stand. k i n s ] , and therefore withhold my vote.
The Secretary called the names of Messrs. P enrose, Perkins,
The result was announced—yeas 35, nays 5, as follows:
P latt , R ayner , R ichardson , S im m o n s , S m it h of Maryland,
TEAS—35.
Smith of Michigan, Stewart , Stone----Aldrich
Gallinger
riles
Curtis
Mr. STONE (when his name was called). I vote “ nay.”
Guggenheim
Ankeny
Depew
Scott
Dick
Smoot
The Secretary called the names of Messrs. Teller and Till­
Brandegee
Hale

Briggs
Burkett
Burrows
Carter
Clapp
Clark, Wyo.

Dillingham
Dixon
du Pont
Flint
Foraker
Fulton

Hemenway
Heyburn
Hopkins
Kean
Long
Nelson

Stephenson
Sutherland
Warner
Warren
Wetmore

m an.

The VICE-PRESIDENT. Senators----Mr. ALDRICH. Before the Chair makes the announcement,
I desire to raise the question of order that there is a quorum
present in the Chamber. Several Senators have announced
NAYS— 5.
their pairs. The Senator from Texas [Mr. Culberson] is
Taylor
Brown
Johnston
Paynter
present and has not voted; and whatever may be the result, it
Gary
can not be nullified by the absence of a quorum.
NOT VOTING— 52.
The VICE-PRESIDENT. Thirty-five Senators have voted
Penrose
La Follette
Allison
Cullom
Perkins
Lodge
in the affirmative and eight in the negative. There is a quorum
Bacon
Daniel
Platt
McCreary
Bailey
Davis
present, the roll call having disclosed that fact.
Rayner
McC umber
Bankhead
Doiliver
Mr. ALDRICH. I ask for a vote upon the question of the
MeEnery
Richardson
Beveridge
Elkins
McLaurin
Simmons
Foster
Borah
approval of the report of the conference committee.
Smith, Md.
Frazier
Martin
Bourne
Mr. LA FOLLETTE. Mr. President, when I was interrupted
Frye
Milton
Smith, Mich.
Bulkeley
I had just given the capitalization on some twelve different
Burnham
Money
Gamble
Stewart
roads, and that capitalization shows a variation of from $2S,697
Gore
Newlands
Stone
Clarke, Ark.
Hansbrough
Taliaferro
Nixon
Clay
per mile to $316,639 per mile. It will be seen----Teller
Kittredge
Owen
Crane
Mr. OVERMAN. Mr. President, is it in order to call for a
Tillman
Knox
Overman
Culberson
report from the Sergeant-at-Arms?
The VICE-PRESIDENT. A quorum has not voted.
Mr. GALLINGER. Not until he gets ready to make it.
Mr. FORAKER. Mr. President, I ask if it is not a rule of the
Mr. OVERMAN. I see the Sergeant-at-Arms on the floor of
Senate that all Senators in the Chamber when the roll is called the Senate, and I ask that he make his report.
shall vote unless they be excused by the Senate? I noticed
The VICE-PRESIDENT. The Sergeant-at-Arms has not yet
quite a number of Senators in the Chamber who were in the reported.
Chamber when the roll was called who did not answer in any
Mr. OVERMAN. He is here and can report, and I insist
way to their names.
that he make a report
The VICE-PRESIDENT. Rule XII covers the question raised
Mr. ALDRICH. I raise the question of order that no busi­
by the Senator from Ohio. It reads in part as follows:
ness is in order except by unanimous consent.
1. When the yeas and nays are ordered, the names of Senators shall
Tbe VICE-PRESIDENT. The Sergeant-at-Arms is executing
be called alphabetically; and each Senator shall, without debate, de­ the order of the Senate. It has not been executed.
clare his assent or dissent to the question, unless excused by the
Mr. LA FOLLETTE Mr. President----Senate.
Mr. OVERMAN. Has he not the report in his hands?
Mr. HOPKINS. I ask that the Secretary call the names of
The VICE-PRESIDENT. He has not.
the Senators present who have not answered, so as to give them
Mr. OVERMAN. As I understand, then----an opportunity to answer.
The VICE-PRESIDENT. Does the Senator from Wisconsin
The VICE-PRESIDENT. The Secretary will call the names
yield to the Senator from North Carolina?
of those Senators who have not voted.
Mr. OVERMAN. I rise to a parliamentary Inquiry, Mr. Pres­
The Secretary called the names of Messrs. A llison , B acon,
B ailey , B a n k h ea d , B evebidge, B orah , B oubne , B ulkeley , ident.
The VICE-PRESIDENT. The Senator from North C a r o lin a
B u r n h a m , Clabke of Arkansas, C lay ----Mr. CLAY (when his name was called). “ Ilere.” I have will state his parliamentary inquiry.
Mr. OVERMAN. Is it possible under the r u le s that if there
already announced my pair with the senior Senator from Massa­
should be but one man on the floor and the Sergeant-at-Arms
chusetts [Mr. L odge].
does not make his report, it is not in order to call for a q u o r u m Mr. HOPKINS. The Senator votes “ present.”
The VICE-PRESIDENT. The roll call just had disclosed
The Secretary called the names of Messrs. C rane , C ulber­
the presence of a quorum.
.
son—
Mr. OVERMAN. The question is whether, after a speecn
Mr. HOPKINS. I observe the Senator from Texas [Mr.
Culberson] is present, and I should like to have a record of has been made, I could not raise the question of a quorum a
. t
that fact made. The Senator from Texas is present in the 1 any time?
The VICE-PRESIDENT. The Chair is of the opinion tnai
Chamber.
Mr. GALLINGER. You would prefer to have him vote, that is not in order.
Mr. OVERMAN. And it would not be in order if there were
would you not?
The VICE-PRESIDENT. For the information of the Senate, but one man on the floor and the Presiding Officer in the chair,
and the Sergeant-at-Arms refused to make the report?
the Chair will read section 2 of Rule XII. It is as follows:
Mr. HOPKINS. That emergency has not arisen.
2. When a Senator declines to vote on call of bis name, he shall be
Mr. ALDRICH and Mr. GALLINGER. Regular order!
required to assign his reasons therefor, and having assigned them the
Presiding Officer shall submit the question to the Senate: “ Shall the
Mr. OVERMAN. I think I am entitled to have that inquiry
Senator, for the reasons assigned by him, be excused from votin g?”
which shall be decided without debate; and these proceedings shall be answered.
The VICE-PRESIDENT. The Chair will ask the Senator to
had after the roll call and before the result is announced; and any
further proceedings in reference thereto shall be after such announce­ again state his inquiry.
t
ment.
Mr. OVERMAN. If it should be evident to the Chair
The Secretary will continue to call the roll of absent Sena­ there were but two men on the floor and the Presiding Office
tors.
in the chair, and the Sergeant-at-Arms should refuse
The Secretary called the names o f Messrs. C ullom , D a n ­ twenty-four hours to make a report, is it possible tbat ti
iel ------ point could not be then raised that there is no quorum presen •
Mr. DANIEL (when his name was called). I vote “ nay.”
The VICE-PRESIDENT. The Chair will answer thnt q w j
The Secretary called the names of Messrs. D a vis , D olliveb, tion when it arises. The Senator from Wisconsin will Pr0C^’' ’
E lkins, Foster. F razier----Mr. LA FOLLETTE. I should like to bare order, -»
irMr. FRAZIER (when his name was called). I announced j President. I shall be delighted to resume my reading.
my pair with the junior Senator from South Dakota [Mr.
It will be seen that some railroads were capitalized for from t * 0
Ivittredge].
j ten times as much per mile as other roads.
v
Capitalization of the various surface street railways Of New
^
The Secretary called the names of Messrs. F rye, Gamble,
City makes even a worse Bhowing. A 1-cent fare would pay ‘
Gore, H ansbrough, Kittbedoe, Knox, Lodge, McCreary, Medividends on actual cost.
e end
Ccmber, McExery, McLaubin, Martin, Miltox----- A more simple and less complex method for reaching the sam ^
Mr. MILTON (when his name was called). I am paired with may he to so ascertain tbe legal value by appraisal and then n®1
payment of dividends to a reasonable rate on that principal sum.
the senior Senator from New York [Mr. Platt].
I he Secretary called the names of Messrs, Monet, NewThere is so much confusion In the Chamber tbat I can hard1
/
l a n d s , N ixon, Owen, Overman----; hear myself.
Mr. OVERMAN (when Ms name was called). I have a*gen- j The VICE-PRESIDENT. The Senate is h i order.

ii
1908.

CONGRESSIONAL RECORD— HOUSE.

7219

Also, a bill (H. R. 22263) granting an increase of pension to
The SPEAKER. On this rote the yeas are 123, nays 65, an­
swering “ present” 11—a quorum. The Doorkeeper will open J. J. McKenna—to the Committee on Invalid Pensions.
By Mr. FORNES: A bill (H. R. 222G4) granting a pension to
the doors.
Nora Fitzgerald—to the Committee on Pensions.
The motion was agreed to.
By Mr. LANGLEY: A hill (H. R. 22265) to correct the mili­
Accordingly (at 7 o’clock and 54 minutes p. m.) the House
tary record of Solomon Back—to the Committee on Military
took a recess until 11 o’clock a. m. to-morrow.
Affairs.
By Mr. COOrER of Wisconsin: A bill (II. R. 22206) to
amend an act approved July 1, 1902, entitled “An act tempo­
EXECUTIVE COMMUNICATIONS, ETC.
rarily to provide for the administration of the affairs of civil
government in the Philippine Islands, and for other purposes ’
Under clause 2 of Rule XXIV, the following executive com­ to the Committee on Insular Affairs.
munications were taken from the Speaker’s table and referred
as follow s:
A letter from the Doorkeeper of the House of Representa­
PETITIONS, ETC.
tives, transmitting a list of public property under his charge in
the various committee rooms of the House (H. R. Doc. 972) —
Under clause 1 of Rule XXII, the following petitions and
to the Committee on Accounts and ordered to be printed.
A letter from the Secretary of Commerce and Labor, trans­ papers were laid on the Clerk's desk and referred as fol­
mitting a summary of Parts II and III of the report of the lows:
By Mr. BURKE: Papers to accompany bills for relief of
Commissioner of Corporations on cotton exchanges—to the Com­
mittee on Interstate and Foreign Commerce and ordered to be Maj. D. D. Barclay and John J. McKenna—to the Committee on
Invalid Pensions.
Printed.
By Mr. BURLEIGH: Petitions of W. B. Sullivan, of Bar
A letter from the Secretary of the Interior, transmitting a
statement in response to the inquiry of the House as to rail­ Harbor, and citizens of Bar Harbor and Madison, Me., for
roads in Alaska (H. It. Doc. 973)—to the Committee on the amendment to Sherman antitrust law (II. R. 20584), and for
Pearre bill (H. R. 94), employers’ liability bill, and the eightTerritories and ordered to be printed.
hour bill—to the Committee on the Judiciary.
By Mr. BURTON of Delaware: Petition of sundry members
of labor organizations, for amendment to Sherman antitrust
Re p o r t s o f c o m m it t e e s o n p r i v a t e b i l l s a n d law (H. R. 20584), and for Pearre bill (H. R. 94), employers’
RESOLUTIONS.
liability bill, and the eight-hour bill—to the Committee on the
Judiciary.
Under clause 2 of Rule XIII,
By Mr. CAULFIELD: Petition of W. J. Gutweiler, for the
Mr. CUSHMAN, from the Committee on Private Land Claims, amendment to the Sherman antitrust law known as the “Wilson
t° which was referred the bill of the Senate (S. 437) for the b ill” (H. R. 20584), for the Pearre bill (H. R. 94), the employ­
relief of D. J. Holmes, reported the same without amendment,
ers’ liability bill, and the eight-hour bill—to the Committee on
accompanied by a report (No. 1788), which said bill and report the Judiciary.
were referred to the Private Calendar,
By Mr. COUDREY : Petition of Mechanics’ American National
Bank, favoring selection of one-third of currency commission
outside of Congress—to the Committee on Banking and Cur­
rency.
PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS.
By Mr. GRAHAM: Paper to accompany bill for relief of
riv/n(*er clause ^ of Rule XXII, bills, resolutions, and memo- James Kane—to the Committee on Military Affairs.
ais of the following titles were introduced and severally re­
Also, petition of Pittsburg Board of Trade, favoring the name
a r e d as follows:
P i t t s b u r g for one of the new battle ships—to the Committee on
®y.Mr. SIMS: A bill (H. R. 22256) to make it unlawful for Naval Affairs.
By Mr. HENRY of Texas: Petition of Cuauhtemoe Union,
ertaiu public officials to own capital stock or bonds in any and
au Public-service corporations doing business in tbe District of Xo.*240, for the amendment to the Sherman antitrust law
(II. R. 20584), for the Pearre bill (II. R. 94), for a just and
Columbia—to the Committee on the District of Columbia.
H n Mr. HUBBARD of West Virginia (by request) : A bill clearly defined general employers’ liability law, and an eightfr R- 22257) to amend the pension laws by increasing the pen- hour law—to the Committee on the Judiciary.
By Mr. HUBBARD of West Virginia: Paper to accompany
mons of soldiers and sailors who may have served in any war
Prior to 1806, and of widows and orphans of such soldiers and bill for relief of Martin Metzger—to the Committee on Invalid
Pensions.
Bailors—to the Committee on Invalid Pensions.
Also, petitions of Abraham Woodward and 328 others, John
By Mr. RAINEY. A bill (II. R. 22258) to place watch cases
and watch movements on the free list—to the Committee on W. Marshall and 329 others, and William Hamilton and 132
others, in support of House pension hill introduced by Mr.
" ays and Means.
By Mr. LANGLEY: A bill (II.R . 22259) to prohibit the in­ H ubbard of West Virginia on May 29, 1908—to the Committee
terstate shipment of spirituous, vinous, or malt liquors from on Invalid Pensions.
Also, petitions of John W. Marshall and 329 others and Abra­
°ne state, Territory, or District of the United States to any
Pnmt within another State, Territory, or District thereof where ham Woodward and 328 others, soldiers at the Danville Branch
'he law prohibits the sale of same—to the Committee on the of the National Soldiers’ Home, favoring the Hubbard pension
bill introduced May 29, 1908—to the Committee on Invalid Pen­
Judiciary.
By Mr. BURLEIGH: A bill (H .R . 22260) to provide for the sions.
By Mr. SHERMAN: Petition of various councils, for H. R.
purchase of a site and the erection of a public building thereon
up IiaHowell, Me.—to tbe Committee on Public Buildings and 7559, making the 12th of October a national holiday—to the
Committee on the Judiciary.
^rounds.
By Mr. SMITH of Iow a: Petition of citizens of Montgomery
Also, a bill (n . R. 22261) to provide for the purchase of a site
and the erection of a public building thereon at Skowhegan, County, Iowa, for legislation stopping collection of internal
revenue from “ speak easies ” in no-license territory or granting
Me —to the Committee on Public Buildings and Grounds.
By Mr. COOK of Colorado: Resolution (H. Res. 431) direct­ them Federal liquor tax receipts—to the Committee on the Ju­
ing the Attorney-General and the Secretary of the Interior to diciary.
Also, petition of citizens of Montgomery County, Iowa, for an
transmit certain information to the House—to the Committee
antipolygaray amendment to the Constitution—to the Committee
0u the Public Lands.
on the Judiciary.
Also, petition of citizens of Montgomery County, Iowa, for
legislation suppressing the opium traffic—to the Committee on
PRIVATE BILLS AND RESOLUTIONS.
the Judiciary.
Also, petition of citizens of Montgomery County, Iowa, for
Under clause 1 of Rule XXII, private bills and resolutions of
the following titles were introduced and severally referred as legislation prohibiting sale of liquor on Government property—
to the Committee on Alcoholic Liquor Traffic.
follow s:
Also, petition of citizens of Montgomery County, Iowa, favor­
By Mr. BURKE: A bill (H. R. 22262) granting an increase
iKmsion to D. D. Barclay—to the Committee on Invalid Pen- ing Littlefield original-package biil—to the Committee on the
Judiciary.
Mous.

W



i
■

it

A:

l |

f\

i

f




~ -u— I-JM '■
-

7 2 20

CONGRESSIONAL RECORD— SENATE.
SENATE.
S aturday ,

M a y SO, 1 9 0 8 .

[ C o n tin u a tio n o f l e g i s l a t i v e d a y o f F r i d a y , M a y 2 9 , 1 9 0 8 .]

May 30.,

Island undertook to interrupt the proceedings when the Senate
was in the act of dividing, and was undoubtedly out of order.
The count had been made on one side only, and I ask the Pre­
siding Officer to put the opposite of the question.
The VICE-PRESIDENT. The Senator from Wisconsin ap­
pealed from the decision of the Chair. The question then was,
Shall the decision of the Chair stand as the judgment of the
Senate? Upon that question a division was demanded. Under
the rule, the Chair asked those in favor of sustaining the
decision of the Chair to rise and stand until they were counted.
Twenty-eight voted in the affirmative.
Mr. ALDRICH, But no announcement had been made.
The VICE-PRESIDENT. No announcement had been made.
Mr. CULBERSON. Mr. President----Mr. HOPKINS. Mr. President----Mr. CULBERSON. I submit that of course no announce! ment had been made, because the Chair had not called for the
| negative vote, and the Senator from Rhode Island undertook
to interrupt the division. I call him to order.
The VICE-PRESIDENT. The Chair is of the opinion that
there can be no interruption during a division, under the rule.
Mr. ALDRICH. I ask that the rule may be read.
The VICE-PRESIDENT. The Secretary will read the rule.
Mr. CULBERSON. It is Rule XX, on page 20.
The Secretary. Rule XX, page 20:

At 2 o'clock and 25 minutes a. m. Saturday, May 30,
Mr. LA FOLLETTE said: Mr. President, I now suggest the
absence of a quorum.
Mr. HOPKINS. That has been decided.
The VICE-PRESIDENT. The Chair is of the opinion that
the Senate has already decided that question. It has decided
that roll calls of the Senate having disclosed the presence of a
"'quorum and no business having intervened, the suggestion of
a lack of a quorum'is not in order.
Mr. LA FOLLETTE. It is twohours since that decision was
made, and during that time a considerable amount of business
has intervened. I, of course, am always reluctant not to
acquiesce in the ruling of the Chair, but I think I shall have to
take an appeal from that ruling,
The VICE-PRESIDENT. The Senator from Wisconsin ap­
peals from the decision of the Chair. The question is, Shall the
decision of the Chair stand as the judgment of the Senate?
Mr. LA FOLLETTE. I ask for a division.
The VICE-PRESIDENT. Upon that question division is
demanded. Those in favor of sustaining the decision of the
A question of order may be raised at any stage of tbe proceedings,
Chair will rise. [After counting.]
| except when the Senate is dividing, and, unless submitted to tbe SenMr. ALDRICH. Mr. President----I ate, shall be decided by the presiding officer without debate, subject
The VICE-PRESIDENT. The Senator from Rhode Island.
to an appeal to the Senate. When an appeal is taken, any subsequent
Mr. CULBERSON. I rise to a point of order. Nothing is question of order which may arise before tbe decision of such appea*
shall be decided by the presiding officer without debate; and every
in order pending a division.
appeal therefrom shall be decided at once, and without debate; and any
Mr. ALDRICH. There has been no announcement made by appeal may be laid on tbe table without prejudice to the pending propo­
sition. and thereupon shall be held as affirming the decision of the
the Chair.
| presiding officer.
Mr. CULBERSON. The Senate is dividing.
Mr. ALDRICH. I did not raise a question of order. I m a d e
Mr. ALDRICH. Have I the floor, Mr. President?
The VICE-PRESIDENT. The Chair did not hear the Sen­ no suggestion of that kind.
Mr. CULBERSON. Mr. President, I rise to a point of order.
ator.
The VICE-PRESIDENT. The Senator will state Ms point
Mr. ALDRICH. The result has not been announced.
The VICE-PRESIDENT. The result has not been announced. of order.
Mr. ALDRICH. I ask if I have the floor.
Mr. CULBERSON. It is that the Senator from Rhode
The VICE-PRESIDENT. The Senator from Rhode Island.
Island is out of order when the Senate is dividing. I call at­
, Mr. ALDRICH. In my own right? I am recognized, I sup­ tention to the fact that he was discussing a point of order as
well as raising one.
pose, in my own right.
The VICE-PRESIDENT. The Senator from Rhode Island.
Mr. ALDRICH. I beg the Senator's pardon. I never dis­
Mr. ALDRICH. Then I desire to make some remarks upon cussed the point of order. I was proposing to address the Sen­
this subject.
ate upon the question of the appeal from the decision of the
Mr. CULBERSON. I rise to a point of order.
Chair.
The VICE-PRESIDENT. The Senator from Texas will state
Mr. CULBERSON. That is the point of order.
his point of order.
Mr. ALDRICH. I expressly stated that when I rose and
Mr. CULBERSON. It is that nothing is in order when the asked the Presiding Officer to recognize me in my own right,
Senate is dividing. The rule is plain.
which he did. I was not raising any point of order.
The VICE-PRESIDENT. That is correct.
Mr. OVERMAN. The Senator can not speak when the Sen­
Mr. ALDRICH. Until the result is announced I think I am ate is dividing.
entitled to the floor.
Mr. ALDRICH. There is no rule that prevents i t After the
The VICE-PRESIDENT. The Chair did not hear the Sena­ roll call has been started and there has been a response debate
tor.
is shut off. But up to that time debate is in order always upon
Mr. ALDRICH. I say, until the result is announced I think any question that is debatable.
I am entitled to the floor. While the roll is being called no de­
Mr. BRANDEGEE. The Senator has moved to lay the a p p e a l
bate is in order, but that presents an entirely different question. on the table.
I propose to discuss the question of the appeal from the deci­
Mr. ALDRICH. I did, afterwards.
sion of the Chair.
Mr. BRANDEGEE. That is not debatable.
The VICE-PRESIDENT. The Senator from Rhode Island----Mr. ALDRICH. No; it is not debatable.
Mr. CULBERSON. Mr. President----The VICE-PRESIDENT. The question is on agreeing to
Mr. ALDRICH. Mr. President, I make the point that I am the motion of the Senator from Rhode Island to lay on the
entitled to the floor.
table tbe appeal from the decision of the Chair.
The VICE-PRESIDENT. The Senator from Rhode Island.
Mr. LA FOLLETTE. On that I ask for a division.
Mr. ALDRICH. I desire to discuss this appeal in my own
There were on a division—ayes 33, noes S.
right.
Mr. ALDRICH. I ask for the yeas and nays.
I have no question whatever that the decision made by the
The yeas and nays were ordered, aud the Secretary proceeded
Senate is a correct decision. The R ecord read by the Senator to call the roll.
from Wisconsin discloses plainly that the question decided in
Mr, DILLINGHAM (when his name was called). I trans­
that case was almost the precise question decided in this case, fer my general pair with the senior Senator from South Caro­
which was that a call of the roll having disclosed the presence lina [Mr. Tillman] to my colleague [Mr. S t e w a r t ] and wW
of a quorum no point of the absence of a quorum may be made vote. I vote “ yea.”
until business has intervened. I made the point upon the dis­
Mr. OVERMAN (when his name was called). I am paired
tinct ground that debate was not business, and the point was with the Senator from California [Mr. P e r k in s ].
sustained by the Senate. I therefore believe that the appeal j The roll call was concluded.
from the decision of the Chair should not be sustained, and I_ Mr. CLARK of Wyoming (after having voted in the nffirmamove that the appeal be laid on the table.
tive). I have a general pair with the senior Senator from
Air. t [ u i e r s o n . ATrH'rcSlUi'iiL-—
Missouri [Mr. Stone], As that Senator is absent, I trausfrj
Mr. KEAN. A motion to lay on the table is not debatable.
the pair to the Senator from Nevada [Mr. N ixon] and win
Jbe VICE-PRESIDENT. The Chair recognizes the Senator allow my vote to stand.
from Texas.
Mr. WARREN (after having voted in the affirmative). I
Mr. CULBERSON. Mr. President, “ a question of order may nounced early in the evening that I have a general pair with
bo raised at any stage of the proceedings, except when the Sen- the Senator from Mississippi [Mr. M o n e y ], but that I would
»te is dividing,” page 20, Rule XX. The Senator from Rhode transfer the pair to the Senator from Maine [Mr. Frye]- *

7221

CONGRESSIONAL RECORD— SENATE.

1908.

again make that announcement and will say that may stand
for the present session.
The roll call was concluded.
Mr. ALDRICH. I ask that the names of the Senators who
have not voted be called.
The VICE-PRESIDENT. The Secretary will call the names
of the Senators who have not voted.
The Secretary read the names of the Senators not voting.
Mr. CLAY. I am paired with the senior Senator from Massa­
chusetts [Mr. L odge], but I believe I will take the liberty or
voting for the purpose of making a quorum. I vote “ nay.
Mr. OVERMAN. I am paired with the Senator from Cali­
fornia [Mr. P e r k in s ]. A s announced heretofore, I transfer my
pair to the junior Senator from Massachusetts [Mr. C r a n e ]
and I will vote. I vote “ nay.”
The result was announced—yeas 35, nays 13, as follow s:
Aldrich

Ankeny
Beveridge
Braudegee
Briggs
Burkett
Burrow
s
Carter

Clapp

Brow
n

Clay

Culberson
l'aniel
Allison
Bacon
Bailey
Bankhead
Borah
Bourne
Bulkeley
Burnham
Clarke, Ark
C
rane
-----Cullom

YEAS— 35.
Fulton
Gallinger
Guggenheim
Hale
Iletnenway
Heyburn
Hopkins
Kean
Long
NAYS— 13.
Milton
Gary
Overman
Gore
Pay n ter
Johnston
Simmons
La Follette
NOT VOTING— 44.
McCreary
Davis
McCumber
Dolllver
McEnery
Elkins
McLaurin
Foster
Martin
Frazier
Money
Frye
Newlanda
Gamble
Nixon
ITansbrougb
O
vveiL—
Kittredge
l ’en rose
Knox
Perkins
Lodge

Clark. Wyo.
Curtis
Depew
Dick
Dillingham
Dixon
dn Pont
F lint
Foraker

I am not acquainted with the writer. The letter was not
marked “ personal,” and I have taken the liberty of reading it
into the R ecord.
, , , ,.
, . ,
.
I also received in my mail this morning this letter dated at
Philadelphia, written upon the letter head and signed by the
firm of Paul Brothers, boot, shoe, and rubber dealers, Phila­
delphia.

Nelson
Piles
Smoot
Stephenson
Sutherland
Warner
Warren
Wetmore

P aul B rothers,

P h ila d e lp h ia ,

Senator L a F ollette.
S ir : No legitim ate business needs an elastic currency. There is no
depression of legitim ate business needing an emergency currency, ln e ie
is no demand from the common people for an emergency currency.
There is a demand from the allies of Wall Street— stock speculation
gambling— that asks for this ruinous emergency currency to enable the
“ haves ’* to issue shinplaster money and loan it for usury to the shorts.
Divorce the Treasury from the Wall street gambling syndicate and
there w ill be no panics, as then each w ill have to depend upon his own
resources for means to meet obligations, and thus, being on■ a
with the common citizen, the chance of using the United M ates n e a s ury to rescue the market from ruin w ill be impossible.
„
Tanics must cease, and just ordinary, common, everyday failu ies
will come and go. And those who gamble and lose will go under, and
the rest of the world g o on and attend to the ordinary business of

Taylor

Tlatt
Rayner
Richardson
Scott
Smith, Md.
Smith. Mich.
Stewart
Stone
Taliaferro
Teller
Tillman

So the appeal from the decision of the Chair was laid on the
table.
BUSINESS INTERESTS OI*POSE THE BILL.

The VICE-PRESIDENT. The Senator from Wisconsin will
proceed.
Mr. LA FOLLETTE. Mr. President, I would not weary the
Senate with statistics. I received in my mail this morning a
letter which I am sure will be interesting In connection with
this discussion. It is dated at New York,* May 2S, 1008, and is
as follows:
S ir r To enact the Aldrloh-Vreeland currency bill would be to place
machinery of Inflation in the hands of the Secretary of the Treasury
Rnd the bunks and would lead to the greatest political corruption since
Borne. We have seen the results of the infallible Judgment of an 111Rdviged Secretary of the Treasury, who, In 1900, by the use of united
States T reasury’funds to facilitate the importation of gold to relieve
the monetary stringency," Inflated the markets of the country and
intensified the force of the panic and depression which liad to come.
are now suffering from the effects oi too much Secretary ox the

Treasury.

Our present currency system, one which furnishes us with
cneapest and most economic circulating medium yet used by any nation,
sufficient for our daily needs, yet forcing a period of Inflation to take
place upon a currency based dollar for dollar on gold, lias worked
properly and efficiently. It forced the Stanardi Oil crowd to their
knees, and made the stock gamblers and commodity speculators let go.
Jt has checked the Inflation, which If fed with more currency wouiu
n
if
wvu.u
------•
have gone on expanding till •* exhausted **— ’-" -stile capital of the
It —«-—
the loanable capital or tne
ing in a greater
country and even Impaired its operating capital, resulting in a greater
depression from
congestion of capital and a period of stagnation and depression from
Mhleh it would have taken years to recover and during which mbor
would have been scantily employed. This system has reduced the cost
of the necessities of life, making the speculators, who by hoarding naa
forced them to exorbitant figures, sell out, and Is now protecting us
from a long depression. The common people have benefited, and it is
the only protection they have. And now it Is to be taken away by Me
Aldrich-Vreeland political emergency currency bill, rue exPe: ‘e" ^ 3
of last fall are infinitely to be preferred to a system which would pro•note the concentration of wealth In the hands of those managing the
new currency and increase the burdens of the common people lor tne
benefit of Bbcculiitops mid nrolonu these periods of depression.
, The men w to w e u ?Jn g t t S new Mil might as well urge a currency
jo be Issued by the Standard Oil. redeemed by the ste e lt*r^ a rSf „ uJ
’’> a Prior lien on the Now York Stock Exchange.
•
J o tear on Its
« « Picture of John D. Rockefeller and on its K . t^eholnS n i s h
motto “ Let us alone." It is to lie remembered
^ n srrat
the security get the currency, and what h ind ran ce would a o ^ c e n t ,
I t °.y,n 10 Per cent, tax be to those who were making 100 per cent out
oj
booming the m arkets" and unloading on a
Public. The experience of the German nation has p i ®
ionce’Hke
? * * * restricting speculators. It is only the f e a r ° t h a t
fall that forces the bankers to conduct sound buslm ss remove tnat
f ear and we will have the wildest iniiatioa this country has ever known.
Respectfully,
^
JORDAN,
No. t i l E a st T h ir ty third str e e t, N ew York C ity.

Don. Robert L a Follette,

,

_ ^

U n i t e d u t a t c s S e n a t e , W a s h i n g t o n , 1). v .




th Fod
rathe sake of all legitim ate business, flfb t this iniquitous emergency
currency bill as the most vicious and Ill-advised measure ever a t­
tempted’ to be foisted on the masses for the benefit only of the stock« a n f Sthat the honorable Senate may have wisdom and strength
to preserve our beloved country from the baneful effects of this monu­
mental effort to aid Wall street at the expense of all legitimate busi­
ness enterprises of all the rest of the people.
So prayeth your humble servants.
T apl B rothers.

Mr. WARREN. We fan not hear the speaker.
The PRESIDING OFFICER (Mr. D ixo n in the chair). The
Senator from Wyoming asks the Senator from Wisconsin to
speak louder. lie says he can not hear.
Mr. LA FOLLETTE. I will endeavor to be heard. Of
course it would be very easy for the Senator to come over here
on this side and get a nearer seat. I know he does not want to
miss any of this, and I want to save my voice as much as pos­
sible. it might add to the interest of this occasion, as there
has been no discussion of any constitutional question involved
here, and, as that is always a favorite question with this body,
to consider for a few moments in this connection some of the
defects of our Constitution as viewed by one of the great jurists
of the country. As I desire to keep my audience here fresh
and interested, I will vary the programme a little and present
to them an address that I am sure it will be quite worth their
while to hear.
Rome Defects

in the

Constitution

of the

United States.

AN ADDRESS TO THE LAW DEPARTMENT OF THE UNIVERSITY OF PENNSYL­
VANIA, DELIVERED ON APRIL 2 (, 19Ut>.

[By the Hon. Walter Clark, Chief Justice of North Carolina. 1
Philadelphia is one of the great cities of the world, fio the student
of history
remembers that Nineveh and Palmyra. Carthage and
Thebes and many another, have been great populous, and wealthy,
and then have passed entirely away from the thoughts and lips of men,
Ph,i*\ elnhia lias yet a glory t in t shall live always. Mohammedanism
h is S Mecca, the cradle and the acme of its hopes. Jew and Christian
alike turn to Jerusalem. But to the utmost verge of earth, and to the
last sellable of recorded time, in whatever language liberty and freedom
L mII
in w uaiftci
k all be honored among men, m whatever accents government “ of the
i
^
people1 bv the people, and for the people " shall be asserted, there Phil­
”
Pliiladelphia shall be remembered as the cradle of its birth
ade hia
Her streets at
Sm e far distant * , m a j< overgrown with grass and tar ruined and
n J
day may be_oveKrOT«_w1tb
be
her
totterin'* buildings mav become the home of bats and birds of n ig h t,
but a r o u n K e r name will linger a luster that shall never depart.
“k S H S
tb .
la id
t o a ll tie ial.ahlt.ats ttarw t.” And ta re.too. eleven rears
later, was another notable event,_ when on Sentem^r l i , l.M , was
issued to the world the Constitution of these United States. It is of
the latter— * Its defects and the necessity for its revision — that I shall
1
speak to yon to-n igh t
radical difference between
Just here it la well to can to milna • s m f l was franidy demorrflHe tW
M,ccTsIefn it” graatwuu perilous undertaking was only possible
great a^id 1
ccaf'C- Success m its
Great Declaration was an appeal
with the support of .the I P •
were “ created equal and ento the masses. I
t
„ _l , r Debt™— among them life, liberty, and
dovved
to secure which rights governments are lnsti?Uuor l i n t hefrTust powers from the consent of the governed; and
whengovernm ent becomes destructive of these ends, it is the right
S t h P ^ t ^ r t o alter oY abolish it. and institute a new- government in
i
PrmPLs shall seem most likely to effect their safety and liappisu ch form as ^ ‘j j ^ ^ g h t of revolution more clearly asserted or that
^vprnmpnr existed for the sole benefit of the people, who were declared
he Z a and endowed with the right to change their government at
1 will when It did not subserve their welfare or obey their wishes. Not
: a word about property. Everything was about the people. The man
i was more than the dollar then. And the, convention was in earnest.
; Fverv member signed the Declaration, which was unanimously voted.
|
rector Franklin pertinently observed, it behooved them to hang to­
oth er or thev would hang separately.”
g The convention which met in 1787 was as reactionary as the other
had been revolutionary and democratic. It had its beginning in com­
mercial negotiations between the States.
. .
,
1 Wearied with a long war, enthusiasm for liberty somewhat relaxed
I bT ^ e pressing need to earn the comforts and necessities of life whose
I stores had been diminished, and oppressed by the ban upon prosperity

iU 3

fo

&

?

"

£vV.\ C ong.

CONGRESSIONAL




-SENATE.

caused by the uncertainties and impotence of the existing government deemed best by the divided counsels of a small handful of men In
of the Confederacy, the Convention of 1787 came together. Ignoring providing for the wants of the Government of nearly a century and a
the maxim that government should exist only by the consent of the quarter ago. Had those men been gifted with divine foresight and
governed, it sat with closed doors, that no breath of the popular will created a Constitution fit for this day and its development, it would
should affect their decisions. To free the members from all responsi­ have been unsuited for the needs of the times in which it was
bility members were prohibited to make copies of any resolution or to fashioned.
correspond with constituents or others about matters pending before
When the Constitution was adopted in 1787 it was Intended for
the convention. Any record of yeas and nays was forbidden, but one 3.000. 000 of people, scattered along the Atlantic slope, from Mas­
was kept without the knowledge of the Convention. The journal was sachusetts to the southern boundary of Georgia.
kept secret, a vote to destroy it fortunately failed, and Mr. Madison’s
We are now trying to make it do duty for very nearly 100,000,000,
copy was published only after the lapse of forty-nine years, when every from Maine to Manila, from Panama and Porto Rico to the Pole.
member had passed beyond human accountability. Only twelve States Then our population was mostly rural, for three years later, at the
were ever represented, and one of these withdrew before the final result First Census, in 1790, we had but five towns in the whole Union which
O
was reached. Of its sixty-five members only fifty-five ever attended, had as many as 6,BO inhabitants each, and only two others had over
and so far from being unanimous, only thirty-nine signed the Constitu­ 4.000. Now we have the second largest city on the globe, with over
4.000. 000 of inhabitants, and many that have passed the half million
tion, and some actively opposed its ratification by their own States.
That the Constitution thus framed was reactionary was a matter of mark, some of them of over a million population. Three years later,
course. There was, as we know, some talk of a royal government with in 1790, we had 75 post-offices with $37,000 annual post-office expendi­
Frederick, Duke of York, second son of George the Third, as king. tures. Now we have 75,000 post-offices, 35,000 rural delivery routes,
Hamilton, whose subsequent great services as Secretary of the Treas­ and a post-office appropriation of nearly $200,000,000.
During the first ten years the total expenditures of the Federal Gov­
ury have crowned him with a halo, and whose tragic death has ob­
literated the memory of his faults, declared himself in favor of the ernment, including payments on the Revolutionary debts, and including
English form of government with its heriditary executive and its even the pensions, averaged $10,000,000 annually. Now the expendi­
House of Lords, which he denominated “ a most noble institution.” tures are 75 times as much. When the Constitution was adopted
Failing in that, he advocated an Executive elected by Congress for life, Virginia was easily the first State in influence, population, and wealth,
.Senators and judges for life, and governors of States to be appointed having one-fourth the population of the entire Union. North Caro­
by the President. Of these he secured, as it has proved, the most lina was third, and New York, which then stood fifth, now has double
important from his standpoint, the creation of judges for life. The the population of the whole country at that date, and several other
Convention was aware that a constitution on Hamilton’s lines could States have now a population greater than the original Union, whose
not secure ratification by the several States. But the Constitution very names were then unheard and over whose soil the savage and the
adopted was made as undemocratic as possible, and was very far from buffalo roamed unmolested. Steamboats, railroads, gas, electricity (ex­
responding to the condition, laid down in the Declaration of 1776, that cept as a toy in Franklin’s hands), coal mines, petroleum, and a thou­
all governments derive their just powers from the consent of the gov­ sand other things which are a part of our lives to-day, were undis­
erned. Hamilton, in a speech to the Convention, stated that the covered.
Corporations, which now control the country and its government,
members were agreed that “ we need to be rescued from the democracy.”
They were rescued. Thomas Jefferson unfortunately was absent as were then so few that not till four years later, in 1791, was the first
bank incorporated (in New York), and the charter for the second bank
our minister to France and took no part in the Convention, though we
owe largely to him the compromise by which the first ten amendments was only obtained by the subtlety of Aaron Burr, who concealed the
were agreed to be adopted in exchange for ratification by several States banking privileges in an act incorporating a water company— and cor­
porations have had an affinity for water ever since.
which otherwise would have been withheld.
Had the Constitution been perfectly adapted to the needs and wishes
In truth, the consent of the governed was not to be asked. In the
of the people of that day, we would still have outgrown it. Time has
new Government the will of the people was not to control and was little revealed flaws in the original instrument, and it was, as might be ex­
to be consulted. Of the three great departments of the Government—
safeguards against that enormous
of
legislative, executive, and judiciary— the people were intrusted with pected, wholly without of Individuals, in wealth and power, growth has
which
the election only of the House of Representatives, to wit, only one- corporations, and even the Government.
subverted the control of
sixth of the Government, even if that House had been made equal in
The
in the
that it was
authority and power with the Senate, which was very far from being cratic. glaring defect already Constitution was the people— tonot demo­
It gave, as
pointed
to
the gov­
the case. The Declaration of 1776 was concerned with the rights of erned—-the selection of only one-sixth out,the Government, to wit, oneof
man. The Convention of 1787 entirely Ignored them. There was no
lialf—by far the weaker half— of the legislative department. The other
Bill of Rights and the guaranties of the great rights of freedom of
speech and of the press, freedom of religion, liberty of the people to half, the Senate, was made elective at second hand by the State leg­
assemble, and right of petition, the right to bear arms, exemption islatures, and the Senators were given not only longer terms, but greater
from soldiers being quartered upon the people, exemption from general power, for all Presidential appointments and treaties were subjected
warrants, the right of trial by jury and a grand jury, protection of to confirmation by the Senate.
The President
intended to
a still
the law of the land and protection from seizure of private propety for from the people, was being chosen be elected at who, it further remove
by
by electors,
was expected,
other than public use, and then only upon just compensation; the pro­
would be selected by the State legislatures.
The President thus was
hibition of excessive bail or cruel and unusual punishment, and the to be selected at third hand, as it were. In fact, down till after the
reservation to the people and the States of all rights not granted by
Adams, Clay, Crawford, and Jackson, in
the Constitution—all these matters of the utmost importance to the memorable contest between States the Presidential electors were chosen
1824, in the majority of the
rights of the people were omitted, and were inserted by the first ten by the State legislatures, and they were so chosen by South Carolina
amendments only because it was necessary to give assurances that such till after the civil war. and, in fact, by Colorado in 1876. The inten­
amendments would be adopted in order to secure the ratification of the tion was that the electors should make independent choice, but public
Constitution by the several States.
opinion forced the transfer of the choice of electors from the legisla­
The Constitution was so far from being deemed satisfactory, even tures to the ballot box, and then made of them mere figureheads, with
to the people and in the circumstances of the time for which it was no power but to voice the will of the people, who thus captured the
framed, that, as already stated, only eleven States voted for its adoption executive department. That department, with the House of Repre­
by the Convention, and only thirty-nine members out of fifty-five attend­ sentatives, mark to-day the extent of the share of the people In this
ing signed it, some members subsequently opposing its ratification
Its Government.
ratification by the conventions in the several States was carried with the
The judiciary were placed a step still further removed from the popO;
greatest difficulty, and in no State was it submitted to a vote of the lar choice. The judges were to be selected at fourth hand by a
people themselves. Massachusetts ratified onlv after a dose vote and President (Intended to be selected at third hand) and subject to con­
with a demand for amendments; South Carolina and New Hampshire firmation by a Senate chosen at second hand. And to make the
also demanded amendments, as also did Virginia and New York, both judiciary absolutely impervious to any consideration of the "consent
or winch voted ratification by the narrowest majorities and reserving of the governed,” they are appointed for life,
.
to themselves the right to withdraw, and two States rejected the UonIt wilt be seen at a glance that a Constitution so devised was Intended
stitution and subsequently ratified only after Washington had been not to express, but to suppress, or at least disregard, the wishes aim
elected and inaugurated—matters in which they had no share
the consent of the governed. It was admirably adapted for what ha.3
George Washington was president of the Convention, it is true but come to pass— the absolute domination of the Government by the " busi­
as such was debarred from sharing in the debates. His services ’-reat ness in terests” which, controlling vast amounts of capital and ln,pal
as they were, had been military, not civil, and he left no impress on more, can secure the election of Senators bv the small constituencies,
upon the Instrument of union so far as known. Yet it was admitted the legislatures which elect them, and can dictate the appointment or
that but for his popularity and influence the Constitution woSld h a S the judges, and if they fail in that, the Senate, chosen under their
failed of ratification by the several States, especially in Virginia
In
auspices, can defeat the nomination. Should the I’resident favor left'*"
deed, but for his great influence the Convention would have adioiimed latiou and the House of Representatives pass the bill, the Senate, w y “
without putting its final hand to the Constitution, as It came S
its majority chosen by corporation influences, can defeat i t : and if &
y
near doing. Even his great influence would not have availed but for any chance it shall yield to the popular will and pass the bill, as was
the overwhelming necessity for some form of government as a sub­ the case with the Income tax, there remains the Judiciary, who Mvc
stitute for the rickety "Articles of Confederation,” which were utterly assumed, without any warrant, express or implied In the Constitution,
Inefficient and whose longer retention threatened civil war.
the power to declare any act unconstitutional at their own will an
An instrument so framed, adopted with such difficulty and ratified without responsibility to anyone.
*
after such efforts, and by such narrow margins, could not have been
The people’s part in the Government in the choice of the House
a fair and full expression of the consent or the governed. The men Representatives, even when reenforced by the Executive, whose eleetH
that made it did not deem it perfect. Its friends agreed to sundry they have captured, is an absolute nullity In the face of the Spnatf. “ ^
amendments, ten In number, which were adopted by the first Congress the judiciary, In whose selection the people have no voice. This, t no
that met. The assumption by the new Supreme Court of a power fore, is the Government of the United States—a Government by ,
not contemplated, even by the framers of the Constitution, to drag a and Judges— that Is to say. frankly, by whatever power can control *
Mate before it as defendant in an action by a Citizen of another State, selection of Senators and judges. What is that power? We know n
caused the enactment of tbe eleventh amendment. The unfortunate it is not the American people.
_
rn_
method prescribed for the election of I’resident nearly caused a civil
Let us not be deceived by forms, hut look at the substance. ,,0V| .
^ r n i 801 and forced the adoption of the twelfth amendment, and ment rests not upon forms, but upon a true reply to the
J „
-V . n her3M
t
Were .br,°i,!l hc about as the result of the great civil war. "Where does the governing power reside?” The Roman le g io n s &
A!i° t^°n\o n 11on of 1 <87 recognized itself that the defects innate In to the last day of the Empire upon their standards the words 1 i
lanse °nfStHmion and whi('h. would be developed by experience and the Senate and the Roman People,” long centuries after the real power n
bch£
J “ f ,v W
OnId re.1ul^e aBaendments, and that instrument pre- passed from the curia and the comitla to the barracks of the lT' tor
8
different methods by which amendments could be made,
Guards, and when there was no will in Home save that of their n
o S n thTf * Pons,itution was adopted one hundred and nineteen years ter. There were still Tribunes of the People, and Consuls, and a M na ’
most of them ^
Y
S tateT
has radically revised its constitution, and and the title of a Republic; but the real share of the people
FLsev i! timSs‘ Indeed- the constitution of New York re- Roman Government was the donation to them of “ bread and circus
to its riermiobr / 1i eSt(-0D of a constitutional convention shall be submitted by their tyrants.
n
n<j
Years after the victor of Marengo had been crowned E m p e r o r ^
organlc h w
ev" y
years. The object is that the
nmi oifoii w s "a kepP abreast of the needs and wants of the noonle the sword of Austerlltz had become the one power In France, the r r
is thp '^c
'be will and progress of to-day, and shall not as coins and official documents still bore the inscription of “ l renca
Is the case with the Federal Constitution, be hampered by provisions public ”—“ Rdpublique Francalse.”

-

and deliverance let„
am sure, watches
and on the Int<f“
abundant gos
will be preserved/

7259

CONGRESSIONAL RECORD— SENATE.

1908.

firmly rely on lh a t kind Providence which, I
peculiar care
the destinies of our Republic,
} and w isdonvoi our countrym en^T hrough Hi;

adX

) r tT

t}

dfe* o f r w s f ix f U^hfty>End Uny
A ndrew J ackson.

The VICE-PRESIDENT^/The question is on agreeing t
report of the committee / r conference.
Mr. ALDRICH. I askTthat the roll be called.
The VICE-PRESIDENT. The Secretary will call the roll,
Mr. HEYBURN. Mr. President----The Secretary Exceeded to call the roll, and Mr. Aldrich re­
sponded to his
efore the
Mr. HEYB,
hient of th
_
Mr. ALliRfl&f.^ 7l’ roTFcall can nof be suspended.
fle
Mr. IIEYBURN. I do not ask that it be suspended, It was
started with undue haste. I was addressing the Chair.
Mr. GALLINGER. Let the roll call proceed.
Mr. HEYBURN. Perhaps the Senator will permit me to take
the ruling of the Chair upon it.
Mr. GALLINGER. That is not necessary.
Mr. HEYBURN. Let me make myself plain. I rose and ad­
dressed the Chair in a distinct voice before the roll call com­
menced.
The VlCE-rRESIDENT. The Chair will be liberal in the
interpretation of the rule. The Senator was attempting to ad­
dress the Chair, and some other Senator attracted his attention.
If the Senator from Idaho desires the attention of the Chair,
and was endeavoring to get it, the Chair thinks it is but fair to
recognize him.
Mr. ALDRICH. That can not be done, under the rule.
The VICE-PRESIDENT. It can not, under the rule, if there
ls objection.
Mr. HEYBURN. I rise to a question of privilege.
The Secretary resumed the calling of the roll.
Mr. HEYBURN. I think the Secretary had better wait until
fhe Chair determines it.
Mr. ALDRICH. The Chair has no option, under the rule.
The VICE-PRESIDENT. The Chair has no option, under the
rule.
Mr. HEYBURN. I rise to a question of privilege. I do not
'rant to be shut out from the R ecord in this way.

Mr. GALLINGER. The rule shuts the Senator out.
Mr. HEYBURN. We will see whether it does.
Mr- ALDRICH. No discussion is in order.
Mr. HEYBURN. I rise to a question of personal privilege.
The VICE-PRESIDENT. The Senator from Idaho rises to a
Question of privilege. He will state it.
i r- GALLINGER. I make the point of order that under the
Ule the roll call can not be interrupted for any purpose.
Mr. HEYBURN. I rose to a question of privilege, and am
prepared to state it. Am I to be allowed to state it to the
Chair?
The VICE-PRESIDENT. Is there objection?
Mr. GALLINGER. I object.
the VICE-PRESIDENT. Objection is made. The Secretary
call the roll.
Che Secretary resumed the calling of the roll.
. Mr. CLARK of Wyoming (when his name was called). I
mive a general pair with the senior Senator from Missouri [Mr.
r>ioNE], Not observing him in the Chamber, ! withhold my
'ote. If he were present, I should vote “ yea;'
h
Mr. CLAY (when his name was called). I have a pair with
0 senior Senator from Massachusetts [Mr. L odge] , I transfer
T/
o
po pair to the junior Senator from Maryland [Mr. S mith ], so^/
,.lat the Senator from Massachusetts will stand paired with th
l
senator from Maryland, and I will vote. I vote “ nay,
Mr. CULLOM (when Ills name was called). I have a general
pair with the junior Senator from Virginia [Mr. Martin]. I
transfer the pair to the Senator from South Dakota [Mr.
^HTKEnuE], and will vote. I vote “ yea.”
Mr. DANIEL (when his name was called). I should vote
against the bill, but I have a general pair with the Senator from
Aorth Dakota [Mr. H ansbrough]. Not being advised how he
"ouici vote, and presuming that he would vote with the other
^de of the Chamber, I refrain from voting.
„ Mr- DEPEW (when his name was called). I have a general
Pair with the Senator from Louisiana [Mr. McE neby], I
transfer that pair to the Senator from Delaware [Mr. R iciiardSo?tl ami vote “ yea.”
Mr. DILLINGHAM (when his name was called). I have a
general pair with the senior Senator from South Carolina [Mr.
Tillman], who Is detained by illness. I therefore withhold my
*°te. If he were here, I should vote “ yea."




when his name was
mi or Senat e from
't ^ ^ r r t o the
’ artin ] and vote. I vote
M

called ).
Sr
^rhioj
“ nay.”

I have a general
)ta [Mr. Kittor from Vir-

LTON (when his name was called), I have a general
h -th e jtnjWF' Senator from Arkansas [Mr. D avis ],
ran sfeiO a the junior Senator from Massachusetts
aiMrOte. I vote “ yea.”
Mr. McLAUIilN (when Mr. Money’s name was called). My
colleague [Mr. Money] is necessarily detained from the J^nat
He has a general pair wamjine Senatcm froip Wyoming
en * ].
If ny^col If^ u eyrefe presmjtf^ejvOTl&JVOte-irh
’ife^WtfcftTfiMroni Soum DalTota [Mr. Gamblb has voted?
t
The VICE-PRESIDENT. He has not votqjK
Mr. NEWLANDS. I have a general pair with the Senator
from South Dakota [Mr. Gamble], If be were present, I
should vote “ nay,” but in his absence I refrain from voting.
Mr. OVERMAN (when his name was called). I have a gen­
eral pair with the senior Senator from California [Mr. P er­
k i n s ], whom I do not see in his seat.
As he is not present, I
refrain from voting, but will state that if I were at liberty to
vote I would vote “ nay.”
Mr. FLINT. I desire to say that, if my colleague [Mr.
P erkins] were present, he would vote “ yea.”
Mr. SCOTT (when his name was called). I have a general
pair with the senior Senator from Florida [Mr. T aliaferro]. I
will transfer my pair to the junior Senator from Pennsylvania
[Mr. K nox] and will vote. I vote “ yea.”
Mr. BURROWS (when the name of Mr. S mith of Michigan
was called). I desire to announce that my colleague [Mr.
S mith ] is paired with the Senator from Arkansas [Mr. Clarke].
Mr. BACON (when Mr. T aliaferro's name was called). The
pair of the Senator from Florida [Mr. T aliaferro] has already
been announced by the Senator from West Virginia [Mr. S cott],
the pair having been transferred from himself to the Senator
from Pennsylvania [Mr. K nox]. I am authorized by the Sen­
ator from Florida to say that if he were present he would vote
“ nay.”
Mr. TELLER (when his name was called). I am paired with
the senior Senator from Iowa [Mr. A llison]. If he were
present he would vote “ yea ” and I should vote “ nay.”
Mr. WARREN (when his name was called). I have a gen­
eral pair with the senior Senator from Mississippi [Mr. Money].
I will transfer my pair to the senior Senator from Pennsyl­
vania [Mr. P enrose] and vote. I vote “ yea.”
The roll call was concluded.
Mr. OVERMAN. I will transfer my pair to the senior Sen­
ator from Missouri [Mr. Stone] and vote. I vote “ nay.”
Mr. CLARK of Wyoming. On the transfer of the pair by the
Senator from North Carolina [Mr. Overman] I am at liberty
to vote. I vote “ yea.”
Mr. LA FOLLETTE (after having voted in the negative).
Mr. President, is it in order to make a parliamentary inquiry?
If I should vote in favor of the adoption of the conference re­
port, would it then be in order for me to move for a reconsid­
eration?
Mr. TELLER and others. Regular order!
Mr. GALLINGER and others. No debate is in order.
The VICE-PRESIDENT. The parliamentary inquiry is not
in order.
.Mr. LA FOLLETTE. It is not in order?
The VICE-PRESIDENT. It is not in order under the rule.
Mr. LA FOLLETTE. Then I will take my chances on it, and
ask leave to change my vote from “ nay ” to “ yea ” for the
a
purpose of moving a reconsideration.
P Mr. GALLINGER, Mr. KEAN, and others. Regular order!
Mr. DANIEL. I am informed by tbe Senator from Rhode
Island [Mr. A ldrich] that if the Senator from North Dakota
[Mr. H ansbrough] were here he would vote “ nay,” and I am
therefore at liberty to vote. I vote “ nay.”
Mr. NEWLANDS. I transfer my pair to the Senator from
South Carolina [Mr. Tillman] and vote. I vote “ nay.”
Mr. DILLINGHAM. By the transfer just mentioned by the
Senator from Nevada I am released from my pair, and there­
fore I will vote. I vote “ yea.”
Mr. NELSON. I desire to say that if the Senator from South
Dakota [Mr. Kittredge] were here he would vote “ yea,” He
is unavoidably absent.
Mr. STONE. I desire to vote “ nay.”
Mr. OVERMAN (after having voted in the negative). I with­
draw my vote, the Senator from Missouri having voted. I stand
paired with the seuior Senator from California [Mr. P erkins ],
I would vote “ nay ” if I were not paired.




CONGRESSIONAL RECORD— SENATE

72(50

The result was announced—yeas 43, nays 22, as follows:
t e a s — 13.

Aldrich
Ankeny
Beveridge
Brandegee
Briggs
Bulkeley
Burkett
Burnham
Burrows
Carter
Clapp
Bacon
Bailey
Bankhead
Borah
Bourne
Brown
Allison
Clarke, Ark.
Crane
Davis
Dolliver
Foster
Frye

Clark. Wyo.
Cullom
Curtis
Depew
Dick
Dillingham
Dixon
du Pont
Elkins
Flint
Foraker

Fulton
Gallinger
Guggenheim
Hale
Hemenway
Hopkins
Kean
La Follette
Long
Nelson
Nixon
NAYS— 22.
Clay
Heyburn
Johnston
Culberson
McLaurin
Daniel
Milton
Frazier
Newlands
Gary
Gore
Owen
NOT VOTING— 2T.
McEnery
Gamble
Martin
Hansbrough
Money
Kittredge
Overman.
Knox
Lodge
Penrose
McCreary
Perkins
Itayner
McCumber

Piles
Platt
Scott
Smoot
Stephenson
Stewart
Sutherland
Warner
Warren
Wetmore

Paynter
Simmons
Stone
Taylor

P.ichardson
Smith, Md.
Smith. Mich.
Taliaferro
Teller
Tillman

Mat 30,

Mr. McLAURIN (after having voted in the negative).
desire to withdraw my vote.
The result was announced—yeas 53, nays 9, as follows:
YEAS— 53.
Gary
Clark, Wyo.
Cullom
Guggenheim
Curtis
Hale
Daniel
Hemenway
Heyburn
Depew
Dick
Hopkins
Dillingham
Johnston
Dixon
Kean
du Pont * —— Long
“
Nelson
Elkins
Flint
Nixon
Foraker
Owen
Fulton
Pkynfer
Gallinger
Piles
NAYS— 9.
Gore
Milton
La Follette
Newlands

Aldrich
Ankeny
Bacon
Bailey
Beveridge
Borah
Brandegee
Briggs
Bulkeley
Burkett
Burnham
Burrows
Carter
Clapp
Brown
Culberson
Frazier

NOT VOTING— 30.
Foster
McCumber
McEnery
Frye
McLaurin
Gamble
Martin
Hansbrough
Money
Kittredge
Overman
Knox
Lodge
Penrose
McCreary
Perkins
La Follette's appeal from the

Allison
Bankhead
Bourne
Clarke, Ark.
Clay
Crane
Davis
Dolliver

I

P latt
Scott
Simmons
Smoot
Stephenson
Stewart
Sutherland
Teller
Warner
Warren
Wetmore

Stone
Taylor
Rayner
Richardson
Smith, Md.
Smith, Mich.
Taliaferro
Tillman

So the conference report was agreed to.
Mr. ALDRICH. I move to reconsider the vote by which the
So Mr.
decision of the Chair
conference report was adopted.
was laid on the table.
Mr. LA FOLLETTE. Mr. President----/
Mr. FORAKER. L renew my qiotion to lay on the_ table
The VICE-PRESIDENT. Does the Senator from Rhode! the motion to reconsider, and I call for tEe yeas and nays^
Island yield to the Senator from Wisconsin?
N “ The ~V ICE-PRE5l DENT. ^TEe" Senator" from Ohio moves to
Mr. ALDRICH. I do not.
lay upon the table the motion to reconsider the vote by which
Sir. LA FOLLETTE. I make a point of order.
the conference report was agreed to, and upon that motion he
Mr. HALE. I move to lay the motion to reconsider on the demands the yeas and nays.
table.
The yeas and nays were ordered, and the Secretary pro­
Mr. LA FOLLETTE. I rise to a point of order.
ceeded to call the roll.
Mr. ALDRICH. I do not yield.
Mr. CLAY (when his name was called). I again a n n o u n c e
Mr. LA FOLLETTE. I rise to a point of order. It does not my pair with the senior Senator from Massachusetts [Mr.
require any Senator to yield when a point of order is raised.
Lodge],
The VICE-PRESIDENT. The Senator from Wisconsin rises
Mr. CULLOM (when his name was called). I announce my
to a point of order. He will state his point of order.
general pair with the junior Senator from Virginia [Mr. Mar­
Mr. LA FOLLETTE. It is th is: That when the Senator from tin ] and the transfer of my pair to the Senator from South
Rhode Island addressed the Senate heTwas not in his "place at Dakota [Mr. Kittredge]. I vote “ yea.”
Ins seat ana wasLiot entitled to recognition. T"was in my place | Mr. FRAZIER (when his name was called). I again an­
'Atm' in "
mv seat at mv desk when Iaddressed the Chair and * nounce my pair with the junior Senator from South Dakota
HSlvM Tor recognition. I submit that under the ruiSTtwo Sem" [Mr. Kittredge] and the transfer of my pair to the junior
aforsTuldressing tfip dgrnr at the same time." one o f them being Senator from Virginia [Mr. Martin], and I will vote. I vote
- j ir ortier ami the other ont of order. I was entitled"to~recognL" “ nay.”
Com
~
~
Mr. OVERMAN (when his name was called). I again an­
The VICE-PRESIDENT. The Chair is of opinion that the nounce my pair with the senior Senator from California [M
r*
Senator from Rhode Island was in order.
P erkins].
'MrTTmrA-KElt: Mr. President—
Mr. SCOTT (when his name was called). I again a n n o u n c e
Mr. ALDRICH. I yield to the Senator from Ohio.
my pair with the senior Senator from Florida [Mr. T aliaferroJ
Mr. FORAKER. I move to lay the motion to reconsider on and the transfer of my pair to the junior Senator from Penn*
the table.
sylvania [Mr. Knox], I vote “ yea.”
Mr. LA FOLLETTE. Mr. President, I must, appeal from the
Mr, TELLER (when his name was called). I again a n n o u n c e
decision of the Chair.
my pair with the senior Senator from Iowa [Mr. Allison].
Alr.TtALE. J move to lay tha^ anneal on the table.
know that he would vote “ yea ” i f present. Under the a r r a n g
The VICE-PRESIDENT, lh e Senator from Maine moves to ment I made with him I will vote. I vote “ yea."
lay the appeal of the Senator from Wisconsin from the deci­
The roll call was concluded.
.
sion of the Chair upon the table.
Mr. BACON. I make the same announcement upon this vot
Mr. LA FOLLETTE. Upon that Task for the yeas and nays. that I made upon the former one in behalf of the Senator fro®
The yeas and nays were ordered.""
~
' *
Florida [Mr. T aliaferro]—that he is paired, as announced by
[Applause in the galleries.]
the Senator from West Virginia [Mr. Scott], and that if
The VICE-PRESIDENT. The Chair must admonish the were present he would vote “ nay.”
occupants of the galleries that applause is not permitted under
Mr. LA FOLLETTE. I wish to inquire whether I
re*
the rules of the Senate. The Secretary will call the roll on the corded on this vote?
motion of the Senator from Maine to lay the appeal from the
The VICE-PRESIDENT. The Senator is not recorded.
decision of the Chair upon the table.
Mr. LA FOLLETTE. I should like to have the quest®”
The Secretary proceeded to call the roll,
stated, so that I may vote undcrstandingly. My attention iva»
Mr. CLAY (when his name was called). I am paired with diverted for a few moments.
the senior Senator from Massachusetts [Mr. L odge]. Were he ! The VICE-PRESIDENT. The Senator from Ohio [Mr. foR
present I should vote “ yea.”
akeb] moved to lay upon the table the motion of the Sen®^
Mr. CULLOM (when his name was called). I have a gen­ from Rhode Island [Mr. A ld rich ] to reconsider the vote ■
>
eral pair with the junior Senator from Virginia [Mr. Ma m in ], J which the conference report was agreed to.
, r
but my pair has been transferred to the Senator from South j Mr. LA FOLLETTE. On that vote, if my name is called*
Dakota [Mr. K ittr ed g e ] , and I vote “ y e a .”
will vote “ nay.”
Mr. OVERMAN (when his name was called). I have a gen- | The result was announced—yeas 43, nays 17, as follows:
eral pair with the senior Senator from California [Mr. Per- !
Aldrich
k i n s ], and therefore I withhold my vote.
Clark. Wyo.
Scott
Gallinger
Cullom
Smoot
Guggenheim
Mr. SCOTT (when his name was called). I make the same Ankeny
Beveridge
Stephenson
Curtis
Hale
announcement and the same transfer of my pair to the junior Boruh
Stewart
Depew
Hemenway
Sutherland
Brandegee
Dick
Senator from Pennsylvania [M r. K n o x ]. I vote “ yea.”
Heyburn
Teller
Dillingham
Hopkins
Mr. TELLER (when his name was called). I was paired Briggs
Bulkeley
Warner
Dixon
Kean
on the general vote on this question. I reserved the right to Burkett
Warren
du Pont
Long
Wetmore
Elkins
vote when I thought proper. I will therefore vote. I vote Burnham
Nelson
Burrows
Flint
Nixon
“ yea.”
Carter
Foraker
Piles
The roll call was concluded.
Clapp
Fulton
Platt

CONGRESSIONAL RECORD—SENATE.

1908.

NAYS—17.

H con
a
Hailey
ILinkhead
Drown
Culberson
Allison
bourne
Clarke, Ark,
Clay
Crane
Davis
Dol liver
Poster

La Follette
Daniel
McLaurin
Frazier
Milton
Gary
Paynter
Gore
Simmons
Johnston
NOT VOTING—30.
McEnery
Frye
Martin
Gamble
Money
Ilansbrotigh
Newlands
Kittredge
Owen,
Knox
IJverinan
Lodge
Penrose
McCreary
Perkins
McCumber

Stone
Taylor

Rayner
Richardson
Smitb, Md.
Smith, Mich.
Taliaferro
Tillman

So the motion to reconsider was laid on the table.
On motion of Mr. Kean, it was
Ordered, That the Sergeant-at-Arms be discharged from the further
execution o f the order o f the Senate requesting the presence o f ab­
sentees.

Mr. HEYBURN. Mr. President, I sought to address myself
to the attention of the Senate before the vote was taken. The
haste with which the roll call was commenced prevented me
from doing so. I do not desire that the vote which I cast
against the adoption of this report shall go out unexplained,
and when I say “ unexplained,” I do not mean apologized for.
I have been an active worker in the Republican party for
more than thirty-six years, and during that time I have shared
the burden of its battles wherever I have been. I do not pro­
pose to be held up here or elsewhere as one who ever swerved
for one moment in his allegiance to that party. Had I regarded
this as a party question, under the control of the organization
°f the party represented by its caucus, I would have supported
the action of the party. But I do not regard myself bound to
the party caucus except that I am a participant in the counsels
and deliberations of the party.
I had and I have my objections to this bill, which are based
Dot upon party grounds, founded not in opposition to the will of
the party, but founded upon my judgment, as to the effect which
this legislation, of a purely economic nature, will have upon
‘hat part of the country which I in part represent and which, in
my judgment, it will have upon every portion of the country.
I objected to measures which were contained in the bill and
which were formulated for us for consideration in the Al­
drich bill, because X did not believe then and I do not believe
Row that there is any necessity for financial legislation at this
time. That which was termed a panic was a brief nightmare
in the business world. It has passed away with the awakening
°f the dawn of prosperity which we now enjoy. In that part
of the United States lying to the west, there is not even a
remembrance of the panic except as a tradition. There is no
remnant of it or of its effects. I do not believe in taking
medicine in anticipation that you may have some disease in the
future of which you have no premonitions now.
I have before the country for more than thirty-five years
Roasted that the wisdom of the Republican party was suflicient
to provide and it had provided a safe, sound, and reliable
financial policy upon which the business concerns of this country
could rest. I shall continue to boast of it, because I do not be­
lieve that any provision in this bill is necessary at this hour,
nnd I shall treat it as merely surplusage growing out of the
combined fears nnd the enthusiasm of some of our statesmen.
I know that I speak within the sentiments of a m a j o r i t y of
the Republicans of the United States in the vote which I cast
to day and in what I am saying.
aii r' *>resi<lent, I am not here to attack the Republican party.
the Senators in this body combined and all the Senators
who ever sat In this body are not strong enough to drag It
down; their States are not strong enough or potent enough to
destroy it; and I say that with no disrespect to any member of
this body. But that old party is bigger and greater than all
the men who represent it in the legislative halls. In our sec­
tion of country we have no necessity or occasion whatever for
financial legislation. The provisions of this bill do not apply
Jo more than one-third, almost one-half, of the area of the
United States. This legislation, by its terms and within Its
terms, is excluded in its operation from more than one-third of
the United States—from nearly one-third of it in one solid
block, without a break. The provision for the creation of a
National currency association will have no application to seven­
teen States in the Union, because such associations are limited
tn States having .$5,000,000 of unimpaired capital and surplus,
there are seven States in the Union, nnd unfortunately they
®!1 He, or nearly all of them lie, iu one great area upon the
Pacific coast.
Mr. President, I om not willing to give my voice or my vote
or my assent to legislation for one-tbird of the country as
against two-thirds of the country, or for two-thirds of the




7281

country as against one-third of the country. I want the laws
to be applicable, not only in tlieir principles, but in their terms,
in every respect to every part of the country. That^ we should
become a vassal to the financial world of the East is intolerable,
and will be intolerable to the people of the great West.
I do not believe in sectional legislation at all, and if there
were no other obnoxious provisions in this bill than those, I
would have voted against it. But I opposed the Aldrich bill
when it was before the Senate for consideration, and I voted
against it then, as now, because, in my judgment, there was no
necessity for any legislation, and now more emphatically be­
cause there has been eliminated from the Aldrich bill every pro­
vision relative to the reserves in national banks.
I could elaborate these reasons, but I shall not do so. I have
stated enough reasons, and good enough^ reasons, to account
for the vote which I have cast. The casting of that vote does
not cast me outside of breastworks of the Republican party.
There is no man in this Chamber who has been in the Repub­
lican party longer than I have been, for I am older than the
Republican party, and I was born into the very atmosphere
and patriotism upon which that party was founded and has
ever since rested. I have never swerved for an hour in my
fealty, my loyalty, and my support to that party, and I intend
that it shall not go out to the country that I stood here voting
with the Democratic party. I did not cast my vote to-day be­
cause of my love for the Democratic party. I respect its mem­
bers individually; but I know its principles and disapprove of
them. With these words my vote can go to the country.
Mr. BACON. Mr. President, some things have occurred while
this measure has been under consideration which, possibly, it
might be well should not be entirely passed by and acquiesced
in as with a recognition of propriety. The opportunity in the
heat and ardor of debate was not presented to properly advert
to them.
Mr. LA FOLLETTE. Mr. President, I ask that order be
maintained in the Senate Chamber, so that we may hear what
the Senator from Georgia has to say.
The VICE-PRESIDENT. The Senate will be in order._ Audi­
ble conversation w ill cease in the Chamber, The Chair asks
Senators to kindly resume their seats.
Mr. BACON. I was endeavoring to state that several things
had occurred during the progress of the debate upon this ques­
tion which I am unwilling should pass by as having met with
general recognition, through acquiescence, by the Senate, because
of the fact that iu the Senate a precedent is a matter of gravity
and importance, and occasions may arise hereafter where these
questions may be of very much more vital importance than they
have been while the pending question has been under discussion.
Of course, Mr. President, I recognize the fact that, in the
heat of controversy, Senators, as well as others, will do and
say things which will be conducive to the particular end which
they then have in view, which, from a more conservative stand­
point and under other circumstances, they would neither say
nor approve.
One precedent was made last night to which I wish to enter
my dissent. That precedent was made by a vote of the Senate.
It'was to the effect that after a roll call had been bad upon the
suggestion of the want of a quorum, and after the roll call had
disclosed the presence of a quorum, it was out of order, when
nothing else had transpired but debate, to again suggest the
absence of a quorum and again having a roll call for the pur­
pose of determining whether or not a quorum was present. In
other words, the Senate determined, by a vote, that a continu­
ance of debate after a roll call did not amount to the inter­
vention of other business, and that no business having inter­
vened—debate not being recognized as business regardless of
the time which had elapsed, or regardless of the fact that there
were, perhaps, only ten Senators present, there could be no
suggestion of the absence of a quorum, and that the Senate
must proceed with the ascertained fact that there bad been a
quorum, and without power to inquire whether or not there
was then a quorum.
Mr. President, I did not vote upon that question when it was
submitted to the Senate for this simple reason : The Senator
from Rhode Island [Mr. A l d r i c h ] had read what he alleged was
a precedent in that matter, and had read from the Congres­
s io n a l Reco
rd a ruling which had been made by the Chair on
March 3, 1S97, which the Senator from Rhode Island contended
established that proposition. It so happened, although the fact
was not known, I think, to the Senator from Rhode Island at
the time that he cited the precedent, that I was the Senator
temporarily occupying the chair on the 3d of March. 1807, who
made the ruling which was cited by the Senator from Rhode
Island last night. I was unwilling to cast a vote last night
which might appear to be in antagonism to that ruling, as there
would then be no opportunity for me to show that the vote thus




CONGRESSIONAL RECORD—SENATE.

May 30,

cast would not have been in contravention of that ruling made to a transaction of business, and merely addressing the Chair
by myself when in the chair.
and uttering one sentence with respect to any subject would be
I recollect the incident well out of which the ruling grew. It debate, I suppose, and then immediately, within less than a
occurred during a night session, and the then senior Senator minute, because there has been another transaction of business,
from Pennsylvania, Mr. Quay, was the Senator who demanded another roll call might be granted.
the roll call upon the suggestion of the lack of a quorum. He
Mr. BACON. I quite agree with the Senator, Mr. President.
had previously demanded several such roll calls. The point It only illustrates the idea which I had in my mind, and that
had been made between the two previous successive roll calls is that the liberal rules of the Senate are, of course, liable to
that no business had intervened and that therefore the second abuse; but wherever we find a disposition to abuse the rules of
roll call was not in order. The Chair ruled that business had the Senate to an extent which will impair the usefulness of the
intervened, from the fact that in the interval the bill then un­ Senate, of course rules will be made to meet such emergencies.
der consideration had been reported from the Committee of the
Now, Mr. President, I am going to ask that, with the permis­
Whole to the Senate. Immediately after that roll call, which sion of the Senate, the entire colloquy—a part of which was
was then authorized by the decision of the Chair, the Senator read last night by the Senator from Rhode Island, in which the
from Pennsylvania, without waiting for any debate or any other ruling was made to which he alluded—may be inserted in the
action on the part of the Senate, immediately again suggested R ecord, in order that it may be in consecutive order. I will
the absence of a quorum. That matter was taken up at once indicate to the Reporter the point at which it begins and where
by the then senior Senator from Massachusetts, Mr. Hoar, and it ends.
by the then Senator from New York, Mr. Hill, and the question
The VICE-PRESIDENT. Without objection, permission is
was finally reduced to this point—whether or not business had ! granted.
intervened.
Mr. CULBERSON. Mr. President, I will state to the Sena­
The Chair ruled that business had not intervened, and that tor from Georgia that the entire colloquy was inserted in the
therefore the second roll call was not in order. There had been R ecord last night, at my suggestion, by the Senator from Wis­
no debate after the roll call, and there was no suggestion that consin [Mr. La Follette].
debate was not the intervention of business. There was no
Mr. BACON. Does the Senator know how far back it began?
question raised that the debate following a roll call did not con­ Because I desire it to be in consecutive order with several
stitute business which had intervened after the roll call. There other motions which had been made by the then Senator from
was no question whether debate did or did not constitute Pennsylvania [Mr. Q u a y I, prior to the ruling in that particular
business.
case. It was with a desire to have the entire colloquy in the
The question last night was whether debate constituted busi­ R ecord that I made the suggestion. Where does it begin?
ness. There confessedly had been debate last night after the
Mr. LA FOLLETTE. I will show the Senator.
roll call, and the question decided by the Senate last night was
Mr. BACON. Now, Mr. Presideut, I am informed by the Sen­
that the occurrence of debate did not constitute business.
ator from Wisconsin that it began on page 2736 and went over
Mr. President, I deemed it due to myself to state why I did not to a point on page 2737. I would simply ask, then, that instead
vote on the question, because I do not avoid any vote that comes of inserting all of it again—I understand it has not yet been
along; but I wished to call the attention of the Senate to the published—at the point in the Record where the Senator from
fact that the precedent cited last night by the Senator from Wisconsin made the insertion, it may be corrected to the extent
Rhode Island was not a controlling precedent upon the question of beginning at the top of page 2735, and. without repeating
raised by him, because in one case there was no question what he has already inserted, that it may be preiixed to what
whether debate constituted business, and in the case last night he has inserted.
the sole question was whether debate constituted business.
Mr. President, if I may have just a word, I want to say this:
I desired, Mr. President, to say this much, because I was un­ Of course the debate on this bill is over. The circum stances
willing that what occurred last night should pass as an un­ were such that those of us who desired to be heard or to have a
challenged precedent. I regard it as a revolutionary precedent, word or two to say about it did not conveniently have the
and, if so considered by the Senate, I am willing for it to pass 1opportunity. I simply desire to say, as a thought called forth
as one adopted under the heat of contest for the purpose of ; by the remarks of the Senator from Idaho [Mr. Heybub. J,
v
effecting a particular end; but it will be a most grievous mis­ , that the point in which I differ from him is this:
take, in my opinion, if that rule should be adopted as the rule ! The Senator from Idaho, if I understood him correctly, said
or precedent to hereafter govern the action of the Senate. In that if he had regarded this bill as a party measure, he would
fact, frequently here, in cases of protracted contests, for days have supported it. I desire to say that I regard this hill as so
and days there is nothing practically but debate. It is true I pernicious a bill that if every Democrat on this side of the
we have the morning hour, and some measures may be con­ i Chamber had supported it—which is an unsupposable case—
sidered; blit so far as the main body of the work of the Sen­ I should have voted against it. I favor emergency-currency
ate during the whole day is concerned, frequently there is noth­ legislation as the business interests of the country agree in
ing but debate. To say that it having once been disclosed that demanding it. But I do not favor this particular measure. I
there is a quorum there can be thereafter no challenge of the favor other measures that I think safer and better.
question as to whether or not there is a quorum, it seems to me,
Mr. HEYBURN. Mr. President----must be a very grave mistake.
The VICE-PRESIDENT. Does the Senator from Georgia
Mr. FORAKER. Mr. President, will the Senator allow me yield to the Senator from Idaho?
to ask him a question?
Mr. BACON. Yes.
The VICE-PRESIDENT. Does the Senator from Georgia
Mr. HEYBURN. The Senator did not hear me clearly- |
yield to the Senator from Ohio?
said that if I regarded a measure as a party measure—I did
Mr. BACON. With pleasure.
not point my suggestion to this bill, because ‘l did not care to
Mr. FORAKER. The question that occurs to me as proper extend my remarks to that extent, as that would have made it
to ask is, If debate merely be the transaction of busiuess, how necessary to reconsider this bill, and I was speaking of my
much debate would there have to be?
general principle of action----Mr. BACON. Mr. President, that question, like a great many
Mr. BACON. I understood, Mr. President, the Senator to
other questions, brings back this proposition, that in the Senate, be stating why he did not vote for this particular bill, and
as in every other body, but more particularly in the Senate, he went on to say that he did not regard it as a party measure.
matters have to be adjusted upon a conservative and wellMr. HEYBURN. I did say that.
ordered determination on the part of Senators to observe the
Mr. BACON. And immediately, in the same connection, a9
rules of the Senate, not simply in letter, but in spirit I will I I understood him, he said that a measure which was a part.'
say, with tbe permission of the Senator from Ohio, that, in my measure would have his support, leaving the indisputable com
judgment, there should be some rule adopted upon that subject, j elusion, to my mind, that if this were a party measure it womu
and, so far as I am concerned, I will be very glad to see at the have his support.
next session this matter taken up and put in such shape that
Mr. HEYBURN. No, Mr. President, I meant that if a
there may be a proper regard for the procedure of the Senate measure comes from a party caucus, I would make my contest
and, at the same time, not an undue restriction of the rights in the party caucus, and I would undertake to see, so far as
of Senators and of the Senate in regard to this question of a could, that no measure I did not approve of came out of tbfl
roll call upon the suggestion of the lack of a quorum.
party caucus. That is what I meant.
Mr. FORAKER. If the Senator will allow me to interrupt
Mr. BACON. Well, Mr. President, I have no dispute n*
*
him again, I will do so only to say that I heartily agree with i contention with the Senator as to what liis relations are to h'9
him that this matter should be taken under consideration by I party. I only used what I understood him to say as a predicate
the Committee on Rules, and there should be some rule adopted, for what I announced as my position,
because if mere debate be a transaction of business no one can j Mr. ALDRICH. Will the Senator allow me to ask him a
sit in judgment as to how much debate there shall be to amount question there?

CONGRESSIONAL RECORD— SENATE.

1908

72G5

BUSINESS O THE SESSION.
F
site herein provided for) as have been heretofore set apart to such
organization for mission or school purposes: And provided further,
Mr. HALE. Mr. President, I desire to make a statement to
That the Secretary of the Interior is hereby authorized and directed to
reserve 2 .0 7 acres of land in the town of Poplar, on s a i d reservation, the Senate as to the present condition of the public business.
now occupied for public school purposes, and issue patent in fee tor
Several days ago I stated that the only remaining conference
the same to the school trustees of the school district in which said
report on the large appropriation bills is that on the deficiency
lfl The^Secretary of the Interior is hereby authorized and directed, when bill. I stated then that I was awaiting the action of the House
the said lands are surveyed, to issue to the Great Northern Railway to pass the public-buildings bill, in order to bring in the de­
Company a patent or patents conveying for railroad purposes such
lands at such point or points as in the judgment of the said Secretary ficiency appropriation bill, which has upon it the appropriations
are necessary for the use of said railway company in the construction for the coming year contained in the provisions of the publicand maintenance of water reservoirs, dam sites, and for right of way buildings bill. The matter has continued in that condition for
for water pipe lines for use by said railway company in operating its
line of railroad over and across said reservation; the said lands so to the last three days. I am now informed that the House at the
be conveyed not to exceed 40 acres at any one point and not to exceed present moment is voting upon accepting the report upon the
one tract for each 10 miles of the main line of said railway as now public-buildings bill, which, if accepted, makes that the k w
constructed within said reservation, and said lands shall he selected in
such manner as not to unnecessarily injure or interfere with the selec- and is the foundation of the appropriations to be made in the
tlon and location of town sites hereinafter provided for; the said patent deficiency bill.
or patents to be delivered to said company upon payment by said com­
As soon as that report reaches the Senate, I shall present the
pany, within thirty days after notification of the issuance of patent, or
the reasonable value of said lands, not less than $2.50 per acre, and last conference report on an appropriation bill—the report on
nlso upon payment by said company to said Secretary of any and all the deficiency appropriation bill—which carries, as I have said,
damages sustained bv individual members of said tribe by reason of the the appropriations for public buildings for the year to come.
appropriation of said lands for the purposes aforesaid ; all moneys so
paid for the value of said lands to be deposited in the Treasury of the It has all been made up by the Treasury Department in the
United States to the credit of said Indians, and the moneys received by Supervising Architect’s office. That will be the last appropria­
said Secretary as damages sustained by individual members of said tribe tion bill in any form to bring before the Senate. It will go at
8hall be by him paid to the Individuals sustaining said damages.
Sec. 4. That upon the completion of said allotments the President of once to the House, and it is believed it will take no time there.
The feeling in the House is naturally very strong that we
the United States shall appoint a commission consisting of three per­
sons to Inspect, classify, appraise, and value all of said lands that shall should adjourn this evening, and I may say the Speaker believes
not have been allotted in severalty to said Indians or reserved by the that only a few hours w ill be needed to wind up all the business
Secretary of the Interior, said commission to be constituted as follows:
One of said commissioners shall be a person holding tribal relations with after the report on the deficiency appropriation bill here.
said Indians, one a representative of the Indian Bureau, and one a resi- ; There w ill be less delay than usual in enrolling the appropria­
dent citizen of the State of Montana.
Sec. 5. That within thirty days after their appointment said commis­ tion bills for the reason that in the time that has elapsed in
sioners shall meet at some point within the Fort Peck Reservation and the last three or four days, while the Senate has been busy
organize by election of one of their number as chairman. Said commis­ with the measure before it, all of the great appropriation bills
sion is hereby empowered to select, subject to the approval of the Seeretary of the Interior, such clerks and assistants ns may be necessary in have been already substantially enrolled. So there w ill be no
the performance of their duties herein specified, the compensation of waiting on that account.
each such clerk and assistant to be fixed by said Secretary. In no case
I present this consideration to the Senate because if we are
shall any such clerk or assistant receive a salary exceeding $6 per day.
n addition to the compensation of said clerks and assistants and in to adjourn this evening, sometime about 9 o’clock, of course
■adit ion to the salaries hereinafter provided for the said commission­ | Senators should stay to make a quorum. If we do not do that
ers, they shall each receive their actual necessary expenses incurred we will go over until Monday and adjourn at that time.
hunng such time only as they shall be engaged in the performance of
I know Senators are very weary, and that last night was very
tneir respective duties on said reservation.

prostrating in its effect. While I will make no decided predic­
tion, which I ventured upon the other day rather rashly, I be­
lieve from what the authorities iu the House, including the
The motion was agreed to.
j Speaker, have told me we can clean up all the business by about
INJURIES TO GOVERNMENT EMPLOYEES,
9 o’clock this evening and reach a final adjournment.
.Mr- O EPEW .
I a s k u n a n im o u s c o n s e n t to c a ll u p th e b ill
Mr. BAILEY. That is, if we vote down the motion of the
I t, 2 1 8 4 4 ) g r a n ti n g t o c e r t a i n e m p lo y e e s o f t h e U n ite d
Senator from New York.
M a te s t h e r i g h t to r e c e iv e f r o m i t c o m p e n s a tio n f o r i n ju r i e s
Mr, HALE. Of course the Senator understands that if that
s u s t a i n e d in t h e c o u r s e o f t h e i r e m p l o y m e n t .
motion is voted up and is before the Senate, it will give way to
I he V IC E -P R E S ID E N T .
I s there objection to t h e request
the conference report on the appropriation bill.
o r the Senator f r o m N e w Y o r k ?
Mr. BAILEY. Provided the conferees see fit to present the
Mr. b a i l e y , i object.
i report while that bill is pending.
M r. D E P E W . T h e n I m o v e t h a t th e b ill b e ta k e n u p .
Mr. HALE. I have just stated that as soon as the word
I 'h e
V IC E -P R E S ID E N T . T h e
S e n a to r fro m
N ew ' Y o rk
comes that the public-buildings bill has passed the House, I
m o v es t h a t th e S e n a te p ro c e e d to t h e c o n s id e r a tio n o f t h e b ill.
shall submit the report on the deficiency appropriation bill, no
M r . H A L E . I suppose the Senator, a fte r gettin g u p the b i ll ,
matter what is before the Senate.
" ’ ill not o b je ct to y ield in g a sh ort tim e to Senators.
Mr. BAILEY. I very much doubt whether the public-build­
M r. D E P E W . C e r ta in ly n o t.
ings bill can pass the House, they having so little interest in
M r. B A IL E Y . H e Is n o t g o in g to g e t i t u p u n le s s h e g e ts
a Q u o ru m a n d k e e p s it h e r e .
I s u g g e s t t h e a b s e n c e o f a q u o r u m . that measure.
Mr. HALE. Of course it is subject to the doubt which Is
f ile V IC E - P R E S I D E N T . T h e S e n a to r fro m T e x a s s u g g e s ts
thrown about the feeling in the House with reference to that
u e a b s e n c e o f a q u o r u m . T h e S e c r e ta r y w ill c a ll th e ro ll.
M r. B A IL E Y .
I f I c a n h a v e t h e i n d u l g e n c e o f t h e S e n a t e , b ill; but I am told that the House is becoming each day more
and more reconciled to the public-buildings bill, and it is likely
u n d e r s ta n d t h e S e n a to r f r o m M is s is s ip p i h a s a m o tio n l a n d i n g
I to pass and bv a substantial majority.
w r e c o m m it th e b ill to th e c o m m itte e .
Mr. BACON. I should like to make one suggestion to the
M r. M c L A U R IN . N o ; I h a v e n o t.
I have an am endm ent
Senator from Maine.
P e n d in g to t h e b ill.
Mr. HALE. I am informed that word has come from the
T h e V I C E - P R E S I D E N T . T h e S ecretary w ill ca ll the roll.
House that the conference report on the public-buildings bill has
_he S e c r e t a r y ca lled the roll, and the f o l l o w i n g Senators
i been agreed to there. I will ask a messenger to bring me the
usw ered to th eir n a m e s :
conference report on the deficiency appropriation bill.
Ankeny
Paynter
Galllngcr
Culberson

M r. D I X O N . I m o v e t h a t t h e S e n a t e c o n c u r i n t h e a m e n d ­
m e n ts o f th e H o u s e o f R e p r e s e n ta tiv e s ,

gacon
Bailey
Bankhead
{W idge
Borah
Bnmdcj
Brigg8
Bulkelpv
»«*«?
Burnham
yuter

Cullorn
Curt is
Daniel
Depew
Dick
Dillingham
Dixon
fill Pont
1-llklns
Flint
Foraker
Frazier
Fulton

Gary
Guggenheim
Hale
Heyburn
Hopkins
Kean
Long
McLaurin
Milton
Nelson
Newlands
Nixon
Overman

P iles
Scott
Simmons
Stephenson
Stewart
Stone
Sutherland
Teller
Warner
Warren

INJURIES TO GOVERNMENT EMPLOYEES.

Mr. DEPEW. Mr. President, I ask that the question be put on
I mv motion.
r
The VICE-PRESIDENT. The question is on the motion of
A the Senator from New York to proceed to the consideration of
I House bill 21S44.
Mr. BAILEY. On that I ask for the yeas and nays,
i i The yeas and nays were ordered.
C la?'Wyo*
H Mr. BORAH. May I inquire what is the question we are
ting on?
The VICE-PRESIDENT. Fifty-three Senators have answered
The VICE-PRESIDENT. The question is on proceeding to
their names. A quorum is present. The question is on the
the consideration of the bill (H. R. 21S44) granting to certain
motion of the Senator from New York [Mr. D epew] to proce
employees of the United States the right to receive from it com­
0 the consideration of House bill 21S44.
Mr. HALE. Will the S e n a to r from New York yield to m e o pensation for injuries sustained in the course of their employ­
ment.
make a statement?
The Secretary will call the roll.
Mr. DEPEW. I yield to the Senator from Maine.
X I,II-----455







CONGRESSIONAL RECORD—SENATE.

i*

T h e S ecreta ry p roceeded to ca ll th e roll.
Mr. CLA Y (w h e n h is n am e w a s c a lle d ) . I am p aired w ith
th e sen ior S en ator from M a ssa ch u se tts [M r. L odge ].
Mr. CULLOM (w h en h is n am e w a s c a lle d ). I am p aired
w ith th e ju n io r S en ator from V irgin ia [M r. M a r t in ].
Mr. D IL L IN G H A M (w h en h is n am e w a s c a lle d ) . O w in g to
m y g en era l p air w ith th e sen io r S en ator from S ou th C arolin a
[M r. T i l l m a n ] I w ith h o ld m y vote. I f h e w ere p resen t, I w ould
v o te “ y e a .”
Mr. OVERMAN (w h en h is n am e w a s c a lle d ) . I a g a in a n ­
n ou n ce m y p air w ith th e sen ior S en a to r from C a lifo rn ia [Mr.
Perkins].
Mr. T E L L E R (w h en h is n am e w a s c a lle d ) . I an n ou n ce m y
p a ir w ith th e sen ior S en ator from Io w a [M r . A l l i s o n ].
Mr. W A R R E N (w h en h is n am e w a s c a lle d ) . I an n ou n ce th e
sa m e a rran gem en t a s to th e p air th a t I h a v e a lrea d y an n ou nced ,
an d it m ay stan d for th e d ay. I v o te “ y e a .”
T h e roll call w a s concluded.
Mr. D IL L IN G H A M . B y an arran gem en t m y gen eral pair
w ith th e sen ior S en ator from S ou th C arolin a [M r. Tillman]
h a s been tra n sferred to th e S en ator from S o u th D a k o ta [M r.
Gamble] and I v o te “ y e a .” T h is an n ou n cem en t w ill stan d
fo r th e d ay. T h er efo re it r e le a s e s th e S en a to r from N evad a
[M r. Newlands] from h is pair.
Mr. CULLO M . I h a v e a g en era l p air w ith th e ju n io r S en a to r
from V irgin ia [M r. Mabtin]. I tr a n sfe r t h a t p a ir to th e S en a ­
to r from S ou th D a k o ta [M r. Kittredge] an d v o te “ y e a .”
Mr. T E L L E R . I h a v e th e rig h t to v o te to m ak e a quorum ,
an d I w ill v o te a s I b eliev e th e S en a to r from Io w a w ou ld
v o te if h e w ere h ere. I v o te “ y e a .”
T h e r e su lt w a s an n ou n ced — y e a s 48, n a y s 1, a s f o l lo w s :

Aldrich
Ankeny
Bacon
Beveridge
Borah
Brandegee
Briggs
Bulkeley
Burkett
Burnham
Burrows
Carter

Allison
Bankhead
Bourne
Brown
Clapp
Clarke, Ark.
Clay
Crane
Culberson
Daniel
Davis

YEAS—48.
Gallinger
Gary
Guggenheim
Hemenway
Heyburn
Hopkins
Kean
La Follette
Long
Nelson
Newlands
NAYS—1.
Bailey
NOT VOTING—43.
M
cCreary
Dolliver
M
cCumber
Foster
McEnery
Frazier
McLaurin
Frye
Martin
Gamble
Milton
Gore
M
oney
Hansbrough
Owen
Johnston
overman
Kittredge
Knox
Paynter
Lodge
Penrose
Clark, W
yo.
Cullom
Curtis
Depew
Dick
Dillingham
Dixon
du Pont
Elkin3
Flint
Foraker
Fulton

Nixon
Piles
Scott
Smoot
Stephenson
Stewart
Stone
Sutherland
Teller
W
arner
W
arren
Wetmore

Perkins
Platt
Rayner
Richardson
Simmons
Smith, M
d.
Smith, M
ich.
Taliaferro
Taylor
Tillman

So th e m otion w a s agreed to, an d th e S en ate, a s in C om m it­
te e o f th e W hole, resu m ed th e co n sid er a tio n o f th e b ill (H . R.
21844) g r a n tin g to certa in e m p lo y ees o f th e U n ite d S ta te s th e
rig h t to rece iv e fro m it co m p en sa tio n for in ju r ie s su sta in e d in
th e co u rse o f th e ir em p loym en t.
T h e V IC E -P R E S ID E N T . T h e p en d in g q u estio n is on th e
a m en d m en t p rop osed by th e S en ator from M ississip p i [Mr.
McLaurin].
Mr. B A IL E Y . Mr. P resid en t, I n ev er w a s m ore certa in o f
a n y th in g in m y lif e th a n I am th a t th is is a bad b ill. I t is
v ic io u s in p rin cip le in th a t i t se n d s m en fo r th e d eterm in ation
o f w h a t o u g h t to b e a le g a l r ig h t to an officer o f th e G overn­
m en t w h o n eed n o t be, an d g e n e r a lly i s n ot, a la w y er.
B u t in v ie w o f th e v ery d e c is iv e v o te o f th e S en a te — som eth in g
lik e fo rty -se v en in fa v o r o f ta k in g th e b ill up to m y sin g le
v o te a g a in st ta k in g it up— I am g o in g to le t th e S e n a te m ak e
t h is m ista k e w ith o u t a n y fu r th e r p ro test on m y part.
T h e V IC E -P R E S ID E N T . I s th e S e n a te read y fo r th e q u es­
tio n on a g reein g to th e a m en d m en t o f th e S en a to r from M issis­
sip p i?
Mr. M cL A U R IN . I sh o u ld lik e to h a v e it read.
T h e V IC E -P R E S ID E N T . T h e a m en d m en t w ill be read.
T h e Secretary. On p age 2 o f th e b ill, lin e 10, w h ere th e
w o rd s “ S ecreta ry o f C om m erce a n d L ab or ” w ere restored in
th e b ill, it is prop osed to str ik e o u t th o se w o rd s an d i n s e r t :

Judges of the circuit court of the United States for the district in
L i . the ipinry shall have been inflicted, from whose decision an
»m ?! taken by the injured person to the circuit court of ap­
ayv
peals, to which appeals may be taken in said district.
Mr. B O R A H . T h is is th e a m en d m en t w h ich w a s offered by
• la ^or ^rom M ississip p i, an d w h ich r e fe r s a c e r ta in p art
y
m
^ t0 * cou rt f ? r d eterm in a tio n ?
r‘ * cL A L R IN . I b i s is th e am en d m en t w h ic h p rop oses to

M 30,
ay

allow the judge of the district in which the injury is inflicted to
pass upon the question of negligence and that alone, giving the
man an opportunity when he is injured to be heard right at his
home, without coming to Washington to be heard, or instead of
sending the case to Washington and having to combat a report,
which probably may be an unfavorable report, by his superior
in authority. I think it is a good amendment.
Mr. B O R A H . I a m n o t g o in g a t th is la te hour, a n d in v iew o f
th e str a in under w h ich w e h a v e been la b o rin g fo r som e tim e,
to d isc u s s th e am en dm en t. B u t it h a s occu rred to m e th a t it
sen d s a m an to tw o d ifferen t p la ces in ord er to rece iv e h is
com p en sation , an d it is a con sid era b le burden upon a m an w ho
h a s received an in ju ry first to send h im to a co u rt an d then
sen d him to th e S ecreta ry o f C om m erce a n d L abor in order to
h a v e th e q u estion fin ally d eterm in ed a s to w h eth er h e sh a ll be
paid. I th in k in v iew o f th a t fa c t th e a m en d m en t o u g h t n o t to
be adopted.
Mr. M cL A U R IN . T h e S en ator from Id a h o e n tirely m isu n ­
d ersta n d s th e am en dm en t. I f it w ere ad op ted , th en th e ju d g e
o f th e d istr ic t w ou ld p a ss upon th e q u estio n o f n e g lig e n c e ; and
if th e ju d g e d eterm in ed th a t th e re w a s no n eg lig en ce on the
p a rt o f th e em p loyee w h o w a s in ju red , h e is en title d to h is pay
w ith o u t a referen ce o f th e ca se fo r th e d ecisio n o f th e S ecreta ry
o f C om m erce and L abor.
I f th e ju d g e sh ou ld d ecid e a g a in s t h im , u n d er th is am en dm en t
h e w o u ld h a v e an o p p ortu n ity to a p p ea l to th e c ir c u it cou rt
o f a p p ea ls o f t h a t d istr ic t. T h er e is no p ro v isio n in th e am end­
m en t for th e G overn m en t to ap p eal, but for th e in ju red em ­
p loyee to ap p eal. So it is n o t in th e a rb itra ry p ow er o f any
on e m an to cu t h im o u t
B y th e p ro v isio n s o f th is b ill, if th e officer, w h o ev er h e m ay
be, j u s t su p erior to th e in ju re d em p lo y ee sh o u ld send to th e
S ecreta ry o f C om m erce an d L abor an u n fa v o ra b le r e p o r t th e in­
ju r ed em p lo y ee w o u ld h a v e to com e w ith th a t rep ort b efo re th e
S ecreta ry o f C om m erce an d Labor, an d h e w o u ld h a v e no w a y
o f co m b a tin g it, ex c e p t a t th e d ista n c e o f a th o u sa n d or tw o
th o u sa n d or th r ee th o u sa n d m ile s— c e r ta in ly a lon g d ista n ce in
th e c a s e o f an em p lo y ee in th e S ta te o f Id a h o , th e S en ator's
S ta te. B u t i f th e a m en d m en t is ad op ted th e In ju red em p loyee
w o u ld h a v e an op p ortu n ity to com b at th a t report, if it w ere
u n fa v o ra b le to him , rig h t a t h is hom e in a lm o st ev ery in sta n ce.
Mr. B O R A H . I u n d ersta n d th e p o sitio n o f th e S en a to r.
T h e V IC E -P R E S ID E N T . T h e q u estio n is on a g reein g to th e
a m en d m en t prop osed by th e S en a to r from M ississip p i.
T h e am en d m en t w a s rejected .
Mr. M cL A U R IN . I h a v e o n e m ore a m en d m en t t h a t I Pr0*
p ose to offer, an d I a sk th e a tte n tio n o f th e S e n a te to th e am end­
m ent. I hope th a t th e S en a to r from N ew Y ork w h o i s in charge
o f th e b ill w ill n o t com b at th is a m en d m en t. I m ove to strike
o n t se ctio n 6. I a sk th e a tten tio n o f th e S e n a te to th e reading
o f sectio n 6.
Mr. D E P E W . Mr. P resid en t, I a ccep t th e am en dm en t.
Mr. M cL A U R IN . T h a t is a ll right.
T h e V IC E -P R E S ID E N T . T h e am en d m en t w ill b e sta ted .
T h e Secretary. On p age 5, strike out section 6, in th e fob

lowing words:

fits under this act to w h ich the person is not entitled shall be deemed
on his p a rt and punishable by a fine o f not m ore tha
$ i,u o u or by im prisonm ent lo r not m ore than tw o years, or both.

The amendment was agreed to.
Mr. GORE. I send to the desk an amendment which I desir
to offer to the bill.
I lie \ ICE-PRESIDENT. The amendment submitted by th
Senator from Oklahoma will be stated.
The Secretary. It is proposed to add at the end of section
1 the following additional proviso:

„a!!u0l did turthcr’
rV

That whenever such injury shall result from tb
ne„li ence, Incompetency, or misconduct of some other employee «
;„KnV0T
ern,ment such other «“ Ployee shall be discharged from tb
KESJEE1 aVsoon as the fact of his negligence, Incompetence «
?
ftiffw ™ J133. ^determined. and he shall not l> reemployed ft
e
the Go\eminent for the period of two years thereafter.
Mr. DEPEW. I move to lay the amendment on the table.
Ihe motion to lay on the table was agreed to.
lh e bill was reported to the Senate as amended, and tb
amendments were concurred in.
Ihe amendments were ordered to be engrossed and the bil
to be read a third time.
The bill was read the third time, and passed.
deficiency appropriation bill.
Mr. H A L E su b m itted th e fo llo w in g r e p o r t :
conference report.
T h e co m m ittee o f co n feren ce on th e d isa g r e e in g v o tes o f tb*
tw o H o u ses on th e a m en d m en ts o f th e S e n a te to th e b ill ( H . R*
21D46) m a k in g a p p ro p ria tio n s to su p p ly d eficien cies in t h e aP*

CONGRESSIONAL RECORD—SENATE

1908

H. R. 22212. An act granting an increase of pension to Byron
C. Mitchell, Calvin P. Lynn, and Harry S. Lee, formerly Albert
Lee Aileman; and
II. J. Res. 197. Joint resolution authorizing the employment of
clerical services in the Department of Justice.
ENROLLED BILLS SIGNED.

The message also announced that the Speaker of the House
had signed the following enrolled bills, and they were there­
upon signed by the Vice-President:
H. It. 21871. An act to amend the national banking la w s; and
H. It. 21897. An act to increase the limit of cost of certain
public buildings, to authorize the enlargement, extension, re­
modeling, or improvement of certain public buildings, to author­
ize the erection and completion of public buildings, to authorize
the purchase of sites for public buildings, and for other pur­
poses.
HOUSE BILL REFERRED.

H. R. 20658. An act authorizing the issue of equipment of
arms, ammunition, and such accouterment as accompany same,
for target practice, to the Memorial University, Mason City,
Iowa, was read twice by its title and referred to the Committee
on Military Affairs.
DEFENSE IN INDIAN DEPREDATION CLAIMS.

The joint resolution (H. J. Res. 197) authorizing the employ­
ment of clerical services in the Department of Justice was read
t^’ice by its title.
Mr. CULLOM. I ask unanimous consent that the joint reso­
lution may be put on its passage. It is simply to correct a
mistake that was made in the Record.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the joint resolution. It authorizes
the Attorney-General to continue the employment of clerical
p r ic e s during the fiscal year 1909, under the appropriation
tor “ Defense in Indian Depredation Claims,” and to pay there­
for out of said appropriation, not to exceed the sum of 86,000.
The joint resolution was reported to the Senate without
hhiendnient, ordered to a third reading, read the third time, and
Passed.
BYRON C. MITCHELL AND OTHERS.

7
he bill (H. It. 22212) granting an increase of pension
J'ron C. Mitchell, Calvin P. Lynn, and Harry S. Lee, formerly
A hoHt Lee Aileman, was read twice by its title.
., :r* CURTIS. I ask unanimous consent for the present conmeratkm of the bill. A similar bill passed the Senate.
here being no objection, the Senate, ns in Committee of the
hole, proceeded to consider the bill. It proposes to place on
he pension roll the name of Byron C. Mitchell, late of ComDhiiy p, One hundred and thirty-seventh Regiment Ohio Volhteer Infantry and to pay him a pension of 824 per month in
eu of that he is now receiving; the name of Calvin P. Lynn,
mte of Company G, One hundred and fortieth Regiment Illi­
nois Volunteer infantry, and to pay him a pension of 830 per
m°»th in lieu of that he is now receiving; and the name of
ir^rry s, Lee, formerly Albert Lee Aileman, late of Company F,
fJne hundred and twenty-fourth Regiment Ohio Volunteer InJhntry. and to pay him a pension of 830 per month in lieu of
hf he is now receiving.
j he bill was reported to the Senate without amendment,
rdered to a third reading, read the third time, and passed.
ORDER FOB RECESS.

Mr. HALE (at 6 o’clock and 10 minutes p. in.), I ask unaniv °«* consent that at half past 6 the Senate take a recess until
hlr past 8. If this order is made, I will then move that the
senate proceed to the consideration of executive business,
the VICE-PRESIDENT. The Senator from Maine asks
“hanimous consent that the Senate take a recess from half past
tiorp0^ mitl1 linlf past 8 o’clock this evening. Is there objec, Mr. NEW LANDS. I ask the Senator from Maine whether
r G will not withhold his request for a moment that I may
move----- -M H a l e . I have declined to yield to several Senators,
r.
.senators desire to have time to get their dinner and get back
*eje b y half past 8.
tn e VICE-PRESIDENT. Is there objection to the request
.
Senator from Maine? The Chair hears none, and it is
80 ordered.
EXECUTIVE SESSION.

Mr. H a l e . I move that the Senate proceed to the consid°f executive business.
1 he motion was agreed to. and the Senate proceeded to the
yOOMderation of executive business. After five minutes spent
executive session the doors were reopened.




7271

RECESS.

Mr. BACON (at 6 o'clock and 16 minutes p. m.). _ Mr. Presi­
dent, I move that the Senate now take a recess until half past
8 o’clock.
The motion was agreed t o ; and the Senate took a recess until
half past 8 o’clock p. m., at which hour it reassembled.
AFFAIRS IN THE TERRITORIES,

Mr. BEVERIDGE. I ask unanimous consent for the present
consideration of House bill 21957.
The VICE-PRESIDENT. The Senator from Indiana asks
unanimous consent for the present consideration of a bill, the
title of which w ill be stated.
The Secretary. A bill (H. R. 21957) relating to affairs in
the Territories.
The VICE-PRESIDENT. Is there objection to the present
consideration of the bill?
Mr. CULBERSON. Mr. President, I ask the Senator from
Indiana if that is the same bill which has been pending here,
off and on, for a week?
Mr. BEVERIDGE. It has been up twice, and it has been
amended in several particulars, I think. I do not think, so far
as I am informed, that any Senator on either side has any fur­
ther amendment to offer. If so, I shall be glad to hear it. I
repeat, the bill has been up twice, once for an hour and the
other time for fifteen minutes.
The VICE-PRESIDENT. Is there objection to the request
made by the Senator from Indiana ?
Mr. TELLER. I suggest to the Senator from Indiana that
he wait for a few minutes.
Mr. BEVERIDGE. I am glad to do so; but I want to get
the bill up. I make the request merely----- Mr. CLAY. I believe the Senator from Indiana stated the
other day that he desired to have the bill passed with certain
features stricken out. Is that correct?
Mr. BEVERIDGE. Yes. There was one feature, I will say
to the Senator from Georgia, in reference to Hawaii which was
i stricken out.
Mr. CLAY. The other features, then, go out?
Mr. BEVERIDGE. They go out.
Mr. HALE. What is the bill?
to Mr. CLAY. It is the omnibus Territorial bill.
Mr. HALE. The provision in relation to Hawaii goes out,
I understand?
Mr. BEVERIDGE. The part in relation to Hawaii goes out.
The part which was inserted upon the motion of the Senator
from Wyoming [Mr. W arren ] ------Mr. CLAY. That simply related to a military reservation?
Mr. BEVERIDGE. To a military reservation.
Mr. CLAY. I have no objection, so far as I am concerned, to
that feature of the b ill; but, as I understand, it was the Ha­
waiian matter that went out.
Mr. BEVERIDGE. All concerning Hawaii was first stricken
j out. Then, on motion of the Senator from Wyoming, that por­
tion concerning the military reservation was reinserted. That
is the present state of the hill, as I understand it.
Mr. SCOTT. Mr. President, I would suggest, if we are going
to have the bill taken up, that the bill be read. There is none
j of us who knows what is in the bill.
Mr. BEVERIDGE. I will state for the benefit of the Senator
from West Virginia that the bill, with the committee amend­
ments, has been read and thoroughly considered.
The VICE-PRESIDENT. The Senator from West Virginia
! [Mr. S cott ] asks that the bill may be read.
Mr. BEVERIDGE. Very well.
The VICE-PRESIDENT. Without objection, the Secretary
will rend the bill.
Mr. BEVERIDGE. If the Senator has any objection to the
bill I will withdraw it.
The VICE-PRESIDENT. The Secretary will read the bill
as requested by the Senator from West Virginia.
The Secretary proceeded to read the bill (H. R. 23957) re­
lating to affairs in the Territories.
Air. BEVERIDGE. Mr. President, if the Senator from West
Virginia has any objection to the Territories bill I shall not
press it, because it is perfectly clear that if there is going to
be any objection or debate on the bill it can not pass.
Mr. SCOTT. I withdraw my objection to the bill if other
members of the Senator’s committee are in favor of it. I
wanted to hear what the Senator from Wyoming had to sav
about it.
Air. BEVERIDGE. I will say, with reference to the Com­
mittee on Territories, that no bill is brought in here from that
committee where they are not in favor of it. I will repeat
that the bill has been before the Senate once for an hour and
another time for fifteen minutes.




7272

By unanimous consent, the Senate, as in Committee of the
Whole, resumed the consideration of the bill.
Mr, CLARK of Wyoming obtained the floor.
Mr. CLAPP. Mr. President----The VICE-PRESIDENT. Does the Senator from Wyoming
yield to the Senator from Minnesota?
Mr. CLAPP. I will say----Mr. CLARK of Wyoming. Mr. President, I want to make an
inquiry of the Senator from Indiana. I think he answered the
same inquiry from the Senator from Georgia [Mr. Clay], but
I could not‘hear him. There was some question in regard to
laws passed by the Territorial legislature of Hawaii. I under­
stand that provision is now out of the bill.
Mr. BEVERIDGE. All of the provisions of the bill concern­
ing Hawaii were first stricken out on the motion of a member
of the Committee on Territories, the Senator from Washington
[Mr. P i l e s ], After that the second provision—I think it is
section 36—was reinserted upon the motion of the colleague of
the Senator from Wyoming [Mr. Warren].
Mr. CLARK of Wyoming. I will say that I think that is per­
fectly proper. I have two amendments, however, which I wish
to propose.
Mr. BEVERIDGE. Very well.
Mr. CLARK of Wyoming. I think they will not be objection­
able to the Senator from Indiana.
The VICE-PRESIDENT. The Senator from Wyoming pro­
poses an amendment, which will be stated by the Secretary.
Mr. CLARK of Wyoming. The amendment which I propose
is on page 5.
A .. J
The VICE-PRESIDENT. The Chair would suggest that
there are some committee amendments which have not been
disposed of. The Secretary will first state the committee amend­
ments.
The S ecr e t a r y . In section 4, line 8, after the word ‘ Valdez,
the Committee on Territories report to strike out the words
“ lithographed or printed tberebn ” and to insert the words “ and
also bear the seal of said town.”
The amendment was agreed to.
The next am en d m en t of the Committee on Territories was,
in section 9, page 11, line 4, after the word “ blood,” to insert
“ who have not become citizens of the United States,” so as to
read:

That the term “ Indian ” in this act shall he construed to include the
nhorminal races inhabiting Alaska when annexed to the United States,
and their descradants of the whole or half blood, who have not become
citizens of the United States.
The amendment was agreed to.
The VICE-PRESIDENT. The amendment proposed by the
Senator from Wyoming [Mr. Cl a r k ] w ill now be stated.
Mr. GALLINGER. There are other committee amendments,
Mr. President.
,
...
,
Mr. CLARK of Wyoming. There are other committee amend­
ments, I think, Mr. President.
The VICE-PRESIDENT. The Chair understands that this
completes the consideration of the committee amendments.
Mr. CLARK of Wyoming. In section 8, page 5, line 5, after
the word “ years,” I move to strike out “ other than Indians.
Mr. BEVERIDGE. Those words, I believe, have already been
stricken out. If they have not been stricken out, I am perfectly
willing that they shall be.
Mr. GALLINGER. They were stricken out on my motion.
Mr. BEVERIDGE. That is my recollection.
The VICE-PRESIDENT. That is correct.
Mr. CLARK of Wyoming. In section 8, on page 5, line 20,
I move to strike out the word “ a t ” and to insert the word
“ for.”
Mr. BEVERIDGE. Upon the motion of the Senator from
New Hampshire [Mr. G allinger ] that a ls o has been entirely
changed along the lines that the Senator is about to move.
Mr. GALLINGER. On my motion the language was changed,
so that it reads properly now.
Mr. SUTHERLAND. I called the attention of the Senator
from Indiana [Mr. B everidge] the other day, when this hill
was under consideration, to page 7, the paragraph beginning
in line 14 and ending in line 20. I think the Senator at that
time agreed with me that the amendment I suggested was necessary.
Mr. BEVERIDGE. I did.
Mr. SUTHERLAND. I therefore move, on page 7, line 14,
before the word “ material,” to strike out the word “ fa lse:” in
the same line, after the word “ statement,” to strike out the
word “ is," and in line 15, after the word “ affidavit,” to insert
the words “ is willfully false; ” so that the paragraph, if amend­
ed as I suggest, will read:

That If any material statement made In any part of such petition
or affidavit is willfully false—
And so forth.

M 30,
ay

CONGRESSIONAL RECORD—SENATE. '

Mr. BEVERIDGE. That was in the original law, I will say
to the Senator, and for that reason the committee brought it
in in that way. I think, however, his amendment is appropriate.
The VICE-PRESIDENT. The amendment will be stated.
The S e c r e t a r y . On page 7, line 14, after the word “ an y”
it is proposed to strike out “ false; ” in the same line, after the
word “ statement,” to strike out “ is; ” and in line 15, after the
word “ affidavit,” to insert the words “ is willfully false; ” so as
to read:

That if any material statement made in any part of such petition
or affidavit is willfully ’false the petitioner or petitioners shall be
deemed guilty of perjury, and upon conviction thereof said license shall
be revoked and said licensee shall be subject to the penalties provided
by law for the crime of perjury.

The VICE-PRESIDENT. The question is on agreeing to the
amendment proposed by the Senator from Utah.
The amendment was agreed to.
Mr. CLAPP. Mr. President, the Senator from Indiana ad­
vises me that, either on the suggestion of the committee or
otherwise, sections 10, 11, 12, 13, 14, 15, 16, 17, and 18 were
stricken out.
Mr. BEVERIDGE. Y es; that is correct. The entire medicalpractice provision as to the district of Alaska was stricken out.
The bill was reported to the Senate as amended, and the
amendments were concurred in.
Mr. BEVERIDGE. I understand that the bill has been en­
tirely read for committee amendments. Is that correct?
The VICE-PRESIDENT. The committee amendments have
been disposed of.
Mr. BEVERIDGE. I thought so.
The amendments were ordered to be engrossed and the bill to
be read a third time.
The bill was read the third time and passed.
MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by Mr. W. JB r o w n i n g , its Chief Clerk, announced that the House had
passed the bill (S. 5581) pensioning the surviving officers and
enlisted men of the Texas volunteers employed in the defense
of the frontier of that State against Mexican marauders and
Indian depredations from 1S55 to I860, inclusive, and for other
purposes.
The message also announced that the House had agreed to
the report of the committee of conference on the disagreeing
votes of the two Houses on the amendments of the Senate to
the bill (H. R. 21946) making appropriations to supply de­
ficiencies in the appropriations for the fiscal year ending Juue
30, 1908, and for prior years, and for other purposes.
The message further announced that the House had agreed to
the report of the committee of conference on the disagreeing
votes of the two Houses on the amendments of the Senate to
the bill (II. R. 21897) to increase the limit of cost of certain
public buildings, to authorize the enlargement, extension,
modeling, or improvement of certain public buildings, to au­
thorize the erection and completion of public buildings, etc.
enrolled

b il l s

s ig n e d .

The message also announced that the Speaker of the Ho0®
6
had signed the following enrolled bills and joint resolution
and they were thereupon signed by the Vice-President:
S. 208. An act for the survey and allotment of lands now
embraced within the limits of the Fort Peck Indian Reserva­
tion, in the State of Montana, and the sale and disposal of a*1
the surplus lands after allotment;
,
S. 5581. An act pensioning the surviving officers and enlisted
men of the Texas volunteers employed in the defense of j1 0
1
frontier of that State against Mexican marauders and Indian
depredations from 1855 to 1860, inclusive, and for other Pur'
poses;
j S. 5983. An act authorizing certain life-saving apparatus m
be placed at the Farallone Islands, off the const of California*
S. 6358. An act to amend an act entitled “An act to incor­
porate the Masonic Mutual Relief Association of the Distn0
of Columbia;
H. It. 21946. An act making appropriations to supply deflei0®
'
cies in the appropriations for the fiscal year ending June 1 ’
)1
i 1908, and for prior years, and for other purposes;
II. R. 22212. An act granting an increase of pension to Byro
C. Mitchell, Calvin P. Lynn, and Harry S. Lee, formerly Albcr
Lee Alleman; and
*
j H. .7. Res. 197. Joint resolution authorizing the employ®0 1
1
of clerical services in the Department of Justice.
AMENDMENT OF NATIONAL BANKING LAWS.

Mr. OWEN. Mr. President, when the Senate two days fin00
began the consideration of the currency bill, I stated on *
floor of the Senate that I should feel constrained to give l0rote for that measure if my vote were necessary to its passage

1908.

CONGRESSIONAL RECORD—SENATE.

7273

to me, has been greatly confused in the discussion of the bill,
but should emphasize my dissent for its defective and deficient namelv, that when it comes to the bonds that are to be deposited
character by an adverse vote. Since the debate has proceeded with the Treasurer of the United States as the basis of a cur­
and the measure has been criticised with great ^ ‘venty upon the rency issue under what we call the Aldrich part of this bill,
floor, I desire to explain in a few words the reasons that led me those bonds are specifically limited. Under no circumstances
to make the statement that I should give my vote, if necessa _, could railroad bonds be used for that purpose, and the only
for the passage of that bill.
place in the bill where there is not a limitation upon the char­
Mr. President, in 1900 I drew a provision for the Prevention acter of bonds, is where bonds, like any other collateral, may be
of panics, which was submitted on the floor of the Senate by a part of the additional security which is tendered m the cre­
the then leader of the Democratic Senators, lion. James k. ation of currency by the banking associations.
-.
Jones, and which contained the
/ >ir. OWEN. I will reply to the Senator and say that that
wards were embodied in the so-called Aldrich bill, with the f is entirely true and that the bonds to which be refers are
exception that the Aldrich bill provided for ^ issuance of simply additional security. The Vreeland provision for any i
national-bank notes instead of Treasury notes. Otheiwise the securities,” of course would give the bonds as additional col- f
principles are identical.
, .
lateral for the issue of currency; and I call attention to the j
The Aldrich bill, like many of the recent reforms adopted by fact that even so far as these bonds are concerned as collateral |
leaders of the Republican party, is therefore merely the adop­ ecurity behind the paper held by the banks and put up w ith j
tion of principles already presented by Democrats.
lieir associations as security, only 75 per cent of currency can ;
This method of preventing panics is, however, only an adapta­ e issued against such security. In addition to that, 10 per I
tion of the method of the German Empire, by whose statutes cent of the 75 per cent is to be held by the United States for
the Imperial Rank of Germany is authorized to issue legal ten­ redemption purposes, leaving a net 67£ per cent of currency
der notes against other securities than gold, under an interest issued against 100 per cent of collaterals approved first by the •
charge higher than the normal rate of interest, which, by that Individual bank’s board of management, then approved by the j
device automatically provides the contraction ol such emergency management of the associated banks, and finally by the Treascurrency when the exigency requiring its issue no longer exists. ury itself. The security is abundant,
I have heretofore stated the reasons, with great precision and
The reason I am opposed to the Vreeland proposition is be­
care, why I did not approve the form of the so-called “Aldrich cause I do not approve the precedent of asset currency; because *
bill,” I'shall not weary the Senate with a repetition of the it is a cumbersome and awkward m ethod; because it is a method \
criticisms which I then made upon the bill—I pointed out both which will be available only to a certain particular section of
its good features and its had features—but when the bill itself the country; because it is only available in the big cities, and
has no defense upon the floor of the Senate, and when the bill not available throughout the country, which I think would be
is assailed without defense, I feel myself compelled to put in better. But it has seemed to be impossible to make this bill all
record the plain reason why I should have given it my support that I thought it ought to have been. Of necessity it is a com­
if mv support had been absolutely necessary to make it a law. promise bill. In my opinion, it ought to have been a bill which
Tlie reason, in brief, is that the commerce of this country re­ 'should have provided, first, for the issuance of Treasury notes j
quires to be protected against panic; and, whatever may be
directly, and not national-bank notes, so that such Treasury !
said in criticism of the Aldrich bill or of the Vreeland-Aldricli
notes might have been issued to any bank, whether it was a j
hill, it does give some measure of protection against panic, and
that suffices to justify its passage. It is not what it ought to national bank or whether it was a State bank or savings bank
or trust company, which might put up securities of a proper
he, but it is vastly better than no protection at all.
So far as the Vreeland section is concerned, while it has not quality and quantity so as to make the United States perfectly
been defended on this- floor, I think it proper to call the atten­ safe in the issuance of this emergency currency, and so as to.
diffuse the benefits of this currency to each and every bank, no
tion of the country to this important proposition, that while
how
and no matter
located.
the phrase “ any securities " will indeed cover “ railroad bonds matter little small and Idaho and the where banks in Oklahoma
The
banks in
little
and railroad stocks,” still “ railroad bonds and railroad stocks” ought to have been taken care of in this bill. As it is, the
are not the only security proposed, even by the Vreeland propo­ small banks will be taken care of, perhaps, by being able to
sition, as a basis for the proposed emergency currency. In ad­ get accommodations from the larger banks if a supply ot
dition to the “ railroad bonds and the railroad stocks,” which emergency currency is afforded. But I do not belie) e m ihe
f**ay be included under the term “ any securities,” there lies theory of special privilege. I do not believe in giving the
behind the issue of such currency ns security therefor the en­ benefits of the provisions of this bill to special strong banks
tire capital and surplus of a group of banks whose capital and and compelling the smaller banks to rely on and pay foi the
surplus must aggregate at least $5,000,000; and, in addition to protection of the favored ones. Its benefits should have been
that, if i correctly interpret the Vreeland proposition, it em­ freelv extended to the weaker elements of the community. I
braces the further security of every dollar of their assets, in­ can not but feel, Mr. President, that the greatest weakness of
cluding their deposits.
the party at present trusted with power is its complete sub­
Therefore the security for a currency issue under the \ ree- serviency to the forces of special privilege.
l&nd proposition is probably from five to one to ten to one, and
Mr. President, I rose merely for the purpose of explaining
1 am not willing to allow this record remain without a word in ; why I should have supported this measure if my vote had been
defense of the Vreeland proposition upon this floor, since I my- necessary to enact it. It is better than no measure at all; it
f'clf would have voted for it if necessary, and this question shall is a measure which will, In my judgment, measurably protect
c
n°t be made a subject of political controversy between the two the country from panics, although it is badly drawn and very
Rreat parties of this country if I can prevent it.
defective. ' l e t , it is a beginning, and can hereafter he perI am a Democrat, a life-long Democrat, and one of the
?reat reasons why 1 favored a bill to prevent panics in this feezed.
Mr. FLINT. Mr. President----- country was because the threat of a panic was twice invoked
The VICE-PRESIDENT. Does the Senator from Oklahoma
defeat the man who, in my opinion, is one of the greatest
yield to the Senator from California?
IR hig statesmen in the world—William J. Bryan.
I remember perfectly well when he was the nominee of his ► Mr. OWEN. With pleasure.
Mr. FLINT. A few days ago the Senator from Oklahoma
Party in 189(5 and in 1900 that those who had negotiable notes made a statement in reference to this same bill. I ashcd him
(and that means all the business men in the country) were •it that time how this bill discriminated against the small banks,
threatened with a panic from one end of the country to the •md he answered the question to my satisfaction. I desire to
other, and many a life-long Democrat, because lie feared a panic gav at this time that if at the next session of this Congress he
and because he dared not face the personal jeopardy which a does not offer an amendment providing that clearing-house as­
Panic would involve, voted the Republican ticket. I think prob­ sociations may be formed so as to include one State, no matter
ably the most valuable service which has been rendered to the what the capitalization may be of the banks of that State, I
Pending candidacy of Bryan has been rendered to-day by the
Party in power, for with the fear of panic removed and with shall do so.
Mr. OWEN. Mr, President, I think the Congress has made
no threat of a panic available as a club over the beads of busi­ a great advance in providing a method for controlling panics,
ness men an impartial verdict may be rendered without tlie and that the patriotism and intelligence of this country will be
Intimidation heretofore resorted to.
easily able to perfect this measure so as to hereafter make it
Mr. CLAPP. Mr. President----a
.
. .. . ........ .
The VICE-PRESIDENT. Does the Senator from Oklahoma all that it should be.
Mr. FLINT. I simply want to make one further statement.
yield to the Senator from Minnesota?
The only discrimination that I can find from examination of the
* * Mr- OWEN. With great pleasure.
Mr. CLAPP. Would the Senator, in connection with his state­ bill is not in the provision known as the “Aldrich bill,” but in
ment regarding this bill, make clear a matter which, it seems that part of it which is known as the “ Vreeland bill.”




S




7274

CONGRESSIONAL RECORD—SENATE.

Mr. OWEN. Now, Mr. President, I simply want to say a
word more, and I am done. I do not think that it is a wise
thing to confuse the counsels of the Senators in this Chamber
■ giving a partisan aspect to a great economic proposition.
by
This is a very important bill to the country, and I believe it will
be a very useful bill. I do not believe that it ought to be made
a matter of controversy between the two great parties, because
I call the attention of the country and of the opposition party
to the fact that James K. Jones, then a Senator in this body,
introduced into this Chamber such a proposition in 1900 which
contained every element of value which this bill now contains.
There ought to be no controversy on this subject between the
two parties, except a generous rivalry as to which party can be
must useful to our beloved Republic.
BECESS.

M 30,
ay

banking law’s,” approved May 3 0 ,190S, Mr. Vbeeland, Mr. Overstreet, Mr. Burton of Ohio, Mr. Weeks, Mr. Bonynge, Mr.
Smith of California, Mr. Padgett, Mr. Burgess, and Mr. Pujo.
E R L E BILL SIG E .
NOLD
ND

The message further announced that the Speaker of the House
had signed the enrolled bill (S. 3495) to authorize the transfer
of books from the Treasury Department library to life-saving
stations of the United States, and it was thereupon signed by
the Vice-President.
recess.

Mr. HALE (at 9 o’clock and 32 minutes p. m.). I move that
the Senate take a recess for one hour.
The motion was agreed to; and at the expiration of the re­
cess (at 10 o’clock and 32 minutes p. m.) the Senate reas­
sembled.

Mr. ALDRICH (at 8 o’clock and 55 minutes p. m.). I move
NOTIFICATION TO THE PRESIDENT.
that the Senate take a recess until half past 9 o'clock.
Mr. HALE and Mr. TELLER, the committee appointed on the
The motion was agreed to; and at the expiration of the part of the Senate to wait upon the President of the United
recess (at 9 o’clock and 30 minutes p, m.) the Senate reas­ States, appeared, and
sembled.
Mr. HALE said: Mr. President, the committee of the two
MESSAGE FROM THE HOUSE.
Houses have waited upon the President, who has informed them
A message from the House of Representatives, by Mr. W. J. that he has at present no further communication to make to
Browning, its Chief Clerk, announced that the House had Congress.
passed a concurrent resolution authorizing the President of the
NATIONAL MONETARY COMMISSION.
Senate and the Speaker of the House of Representatives to
The VICE-PRESIDENT appointed Mr. Aldrich, Mr. Allison,
close the present session by adjourning their respective Houses Mr. Burrows, Mr. Hale, Mr. Knox, Mr. Daniel, Mr. Teller,
on the calendar day, 30th of May, 1908, at 11 o’clock and Mr. Money, and Mr. Bailey members on the part of the Senate
50 minutes p. m., and that a committee of three Members be of the National Monetary Commission, under section 17 of the
appointed, to join a similar committee of the Senate, to wait act to amend the national banking laws.
upon the President of the United States and inform him that
RECESS.
the two Houses had completed the business of the present ses­
Mr. HALE (at 10 o’clock and 34 minutes p. m.). I move that
sion and are ready to adjourn.
The message also announced that the House had agreed to the Senate take a recess until half past 11 o’clock.
The motion was agreed to ; and at the expiration of the recess
the amendment of the Senate to the bill (H. It. 21844) granting
to certain employees of the United States the right to receive (at 11 o’clock and 30 minutes p. m.) the Senate reassembled.
from it compensation for injuries sustained in the course of
THE RAMIE INDUSTRY.
their employment.
Mr. HEYBURN. I ask to have printed for the use of the
ENROLLED BILL SIGNED.
Senate 500 additional copies of Senate Document No. 392,
The message further announced that the Speaker of the House Fifty-ninth Congress, second session, being statements by S. H.
had signed the enrolled bill (H. R. 21844) granting to certain Slaught in behalf of the ramie industry and its promotion in
employees of the United States the right to receive from it the United States.
compensation for injuries sustained in the course of their em­
The \ ICE-PRESIDENT. Without objection, it is so or­
dered.
ployment.
FINAL A JO R M T.
D U N EN
I ask to have printed for the use of the Sen­
Mr. HALE. I ask that the concurrent resolution from the ateaOO additional copies, pages 1 to 40 inclusive, and 91 to 127
House of Representatives fixing the time for final adjournment inclusive, of Senate Document No. 392, Fifty-ninth Congress,
be laid before the Senate and referred to the Committee on second session, being a statement on the ramie industry, ih
order to make it correspond with document No. 392, which has
Appropriations.
The VICE-PRESIDENT laid the concurrent resolution before just been ordered printed. There are some pages missing from
the Senate, and it was referred to the Committee on Appropria­ an issue of 500 copies, and I should like to have the additional
pages printed in order to make the number complete, if there
tions, as follows:
be no objection.
R e s o l v e d b y th e H o u s e o f R e p r e s e n t a t i v e s ( th e S e n a te c o n c u r r in g ),
I'That the President of the Senate and the Speaker of the House of clereif ^ ICE-PRESIDENT. Without objection, It is so org-Rcpresentatives be authorized to close the present session by adjourn­

ing their respective Houses on the calendar day 30th of May, 1908, at
11 o’clock and 50 minutes post meridian.
STATEMENTS OF APPROPRIATIONS AND EXPENDITURES.
R e s o l v e d , That a committee of three M
embers he appointed by the
Mr. HALE. Mr. President, in the absence of the Senator
Chair to join a similar committee to be appointed by the Senate to
wait upon the President of the United States and inform him that the trom Iowa [Mr. Allison], I present to the Senate very caretwo Houses have completed the business of the present session and are udj prepared statements of appropriations and expenditures
Jg’
eady to adjourn, unless the President has some other communication for the fiscal year ending July 1, 1909. These statements, cov­
:o make to them.
Mr. HALE, from the Committee on Appropriations, reported ering all of the appropriations and expenditures for that year,
lie foregoing resolution favorably without amendment, and it | P ^ e n t what will be an interesting study to any person‘who
will carefully examine them. They are compared with the cor"
as considered by unanimous consent and agreed to.
responding appropriations and expenditures for the previous
NOTIFICATION TO THE PRESIDENT.
year, and they demonstrate the great and, I might siv. alarm­
Mr. HALE submitted the following resolution, which was ing increase of the expenditures of the National Government
; as contrasted with the preceding year.
considered by unanimous consent and agreed to :
I do not propose at this late hour to take up the time of the
Resolved, That a com ittee of tw Senators be appointed by the
m
o
Vice-President, to join a sim
ilar com ittee appointed by the H
m
ouse of ,
e
^^uuting upon the statements and figures and the
Representatives, to wait upon the President or the U
nited States an
d
icb^.hey ^ave f°r anyone who gives them proper ex­
inform him that the tw H
o ouses, having com
pleted the business of
the present session, are ready to adjourn unless the President has som amination. R e shall know better when Congress assem ble3
e
other com unication to m
m
ake to them
.
again in December how these great appropriations from th®
The VICE-PRESIDENT appointed Mr. Hale and Mr. Teller Treasury answer to the receipts from which they must be pai(1‘
as the committee on the part of the Senate under the resolu­ ..nd we can then better than now take a view of the fu tu re a3
| to any danger which we may be found running into with ex­
tion,
itvagant appropriations and dwindling revenues.
MESSAGE FROM THE HOUSE.
„ k„ 1 n t Picture8que subject, and it is hard
,o
A message from the House of Representatives, by Mr. W. J. publicsmindaand public attention and the attention to bring the
and interest
B r o w n i n g , its Chief Clerk, announced that the House had
or Congress to it, compared with other more attractive subject®passed the bill (S. 3495) to authorize the transfer of books from j hut some day such figures as I now present, when submitted
the Treasury Department library to life-saving stations of the |
the future, will awaken an interest that I hope will result
United States.
I n some halt being called in the enormous expenditures that
The message also announced that the Speaker had appointed i being made year after year by Congress.
T
ss members of the National Monetary Commission on the : I ask that the statements with the brief remarks which 1
part of the House, and in compliance with the provisions of
made be
as a document and that the statement3
section 17 of an act entitled “An act to amend the national ha\e be printed printed Record.
also
in the







C O N G R E S S IO N A L




CONTAINING

V

O

L

U

M

E

X

L

I

I

I

WASHINGTON:
governm ent

p r in t in g

1909.

o f f ic e

.

R E C O R D




N A M E S

A N D

P O S T -O F F IC E

A D D R E SSE S

OF

SENATORS
I N TH E

S E C O N D

S E S S IO N

OF

TH E

S I X T I E T H

CONGRESS.

C h a r l e s "Y . F a i r b a n k s , V ic e -P r e s id e n t, I n d ia n a p o lis, In d .
V
W il l ia m P . F r y e , P r e s id e n t pro tem p o re, L e w isto n , M e.

Name.

Home post-office.

Nelson W
Levi____
»ae0n> August us O__________
H, M

Providence. It. I.
Walla Walla, Wash.
Macon, Ga.
Gainesville. Tex.
ni, , y' Josepli W__________
e
ankhead, Jolm II_________
Fayette, Ala.
VcrWge, Albert J _________
Indianapolis, Ind.
«orah, William E_______
Boise, Idaho.
{ £ urn*. Jonathan, ir_____ _
Portland, Oreg.
randegee, Frank B ________
New Loudon, Conn.
i 8K Frank O___________
STrenton, N. J.
h n i? 1 ’ Norris__
1
Kearney, Nebr.
« lkeley, Morgan G_.............
Hartford, Conn.
£ £ * * . Elmer J _ ”
Z
Lincoln, Nebr.
to„^^ani* Henry E_________
Manchester, N. H.
Kalamazoo, Mich.
tor, -‘■ o m a s l i
rn -^ ’ Thomas H ______________ Helena, Mont.
“
§ST Moses E_______________ Evanston, Minn.
~m E
:* -------- ----- St. Paul, Wyo.
Clarke C-ar0nce ^
------ Little Rock, Ark.
Clav'T,Jai,les p -----Marietta, Ga.
Dalton, Mass.
Can *’ ” • Murray__
Dallas. Tex.
§“£ G
3h2j,j ? A
Springfield, 111.
Des Moines, Iowa.
Topeka, Kans.
Lynchburg, Va.
Little Itock, Ark.
nffiw . Chauoeey~Ml.
New York, N. Y.
Jfe C a s.,
h rle
Akron, Ohio.
Waterbary, Vt.
I> xonghr in’ Will Tam 1‘
a
Missoula, Mont.
t>oma’ j08ePh M_____
Fort Dodge, Iowa.
flu ponj’ i ° nathan p Elkina \ l l T y A------------------ Winterthur, Del.
Flint;V S epllon_ I?____________ Elkins, W. Vo.
p ,‘ lT !’ rank P
Los Angeles, Cal.
Cincinnati, Ohio.
Fo^e r JoSGI)h H
kerM
Franklin, La.
Fraser T
llrphy J ~
Chattanooga. Tenn.
Frye WM,Vnea
J w WI1Uam P__
Lewiston, Me.
Gain"* ^ h; rles w - ............. — Astoria, Oreg.
G a m h i i ; J a <*>b H _ _ ........................... Concord, N. II.
Ga?y ^ llobert J _____________ Yankton, S. Dak.
Fa kR
rn ,
|Abbeville, S. C.
CnJ*’ 1ll°nms p
Lawton, Okla.
M u if
S im o n :::::::::::; Denver, Colo.
ll iT F g n_
t ’. ue e
Ellsworth, Me.
hsbrougb, H e n r y ~ c ::::::::j Devils Lake, N. Dak.
0 E le c te d in p la c e o f W illia m




B . A llis o n , d e c ea se d .

Name.

Hemenway, James A ________
Heyburu, Weldon B _______
Hopkins, Albert J _________
Johnston, Joseph F_:______ 1
Kean, John________________
Kittredge, Alfred B _________
Knox, Philander C_________
La Follette, Robert M-------Lodge, Henry Cabot----------Long, <Chester I____________
McCreary, James B _________
McCumber, Porter J----------McEuery, Samuel D ________
McLaurin, Anselm J ----------Martin, Thomas S-------------Milton, William II-------------Money, Hernando 1)________
Nelson, Knute_____________
Newlands, Francis G_________
Nixon, George S___________
Overman, Lee S___________
Owen, Robert L___________
Page,6 Carroll S________
Paynter, Thomas II_____
Penrose, Boies_____________
Perkins, George C_________
Piles, Samuel II___________
Platt, Thomas C___________
Rayner, Isidor-------------------Richardson, Harry A---------Scott, Nathan B -------------------Simmons, F. M------------------Smith, John Walter--------------Smith, Wm. Aldeu----------------Smoot, Reed-------------------------Stephenson, Isaac-----------------Stone, William J -------------------Sutherland, Georgei--------------Taliaferro, James P--------------Taylor, Robert L------------------Teller, Henry M-------------------Tillman, Benjamin R-----------Warner, William------------------Warren, Francis E......................
Wetniore, George P ---------------

Heme post-office.

Boonviile, Ind.
Wallace, Idaho.
Aurora, 111.
Birmingham, Ala.
Elizabeth, N. J.
Sioux Falls. S. Dalr.
Pittsburg, Pa.
Madison, Wis.
Naliant, Mass.
Medicine Lodge, Kans.
Richmond, Ky.
Wahpeton, N. Dak.
New Orleans, La.
Brandon, Miss.
Charlottesville, Va.
Marianna, Fla.
Mississippi City, Miss.
Alexandria, Minn.
Reno, New
Reno, New
Salisbury, N. C.
Muskogee, Okla.
Hyde Park, Vt.
Greenup, Ky.
Philadelphia, Pa.
Oakland, Cal.
Seattle, Wash.
Oswego, N. Y.
Baltimore, Md.
Dover, Del.
Wheeling, W. Va.
Trent on (It. F. D .), Jones Co.,
N . C.
Snow Ilill, Md.
Grand Rapids, Mich,
Provo, Utah.
Marinette, Wis.
Jefferson City, Mo.
Salt Lake City. Utah.
Jacksonville, Fla.
Nashville, Tenn.
Central City, Colo.
Trenton, S. C.
Kansas City, Mo.
Cheyenne, Wyo.
Newport, R. I.

*Elected in place of Redfleld Proctor, deceased.
5




CONGRESSIONAL RECORD INDEX.
OSTRANDER, CHARLES T„ increase pension (see bill H. R.
25617).
OSTRANDER, ROSINA W., increase pension (see bills H. R.
22381, 24831).
O’SULLIVAN, FLORENCE J., increase pension (see bills H. R.
25500, 26401).
O’SULLIVAN, JAMES, increase pension (see bills IT. R. 21941,
27469).
°TSTAL, SARAH, pension (see bill II. R. 28184).
°TT, WILLIAM B., resolution in Senate' referring claim of
estate to Court of Claims (S. Res. 320),, passed 3718.
OlTEMILLER, FREDERICK, increase pension (see bill S.
808G).
OTTEXHOUSE, HENRY, increase pension (see bill H. R.
26112).
L i n g e r , MARTIN, increase pension (see bills IT. R. 22S44,
25046).
L

in g e r ,

MARTIN L., increase pension (see bills H. R.
7496, 24831).

°TXO, J o n x B., increase pension (see bill H, R. 27S6G).
O tom an
t

cham ber

o f d e p u t ie s .

See

tubkey .

°^ t u m w a , IOWA
Estimate of appropriation for rent of buildings at (H. R.
Doc. 1402) 1708.
°tA C H lTA RIVER, ARKANSAS
Bill for survey of (see bill H. R. 264S1).
SLBJYt JAMES, increase pension (see bill H. R. 23S49).
tJTWARD ALIEN MANIFESTS.

Sec

Vessels.

^ 8 , JAMES, grant honorable discharge (see bill H. R.
280G7).
Ve BLa n d e R, DANIEL W., grant honorable discharge (see
biU H. R. 24623).
WILLIAM II., increase pension (see bill H. R.
24714).
LEE S. ( o S e n a t o r f r o m N o r t h C a r o l i n a ) .

Attended 1 .
Appointed conferee 2S6Q.
credentials presented 1200 .
^ t n d m e n t s o f fe r e d b y , to

^

Array appropriation bill: roadway from Salisbury NaEonal Cemetery 2195, 2361.
?dian appropriation bill 2776.
‘ av.v appropriation bill 245S.
sundry civil appropriation b ill: increasing cost of public
building at Washington, N. C. 2121.
fish-cultural station in North Carolina 2361.
— public building at Salisbury, N. C. 2G0G.
s and jo in t resolu tion s in tro d u ced by

■ rDiy: to amend law relative to Judge-Advocate-GeneraTs
^
^ P u r t a m t (see bill S. 7878 ) 302.
auinger, James J : to increase pension (see bill S. 7636)
n ^ b b o a r d , Caroline: to pension (see bill S. 7637) 102.
er’ Stephen M : to increase pension (see bill S.
9122) 1827.
r<w >s’
D : to increase pension (see bill S. 7033) 102.
ion1’ Wilson: to increase pension (see bill S. 9126)
*
William L : to increase pension (see bill S.
p 7638) 102.
E vZ u ' 8’ tim o th y : for relief (see bill S. 7800) 183.
5
Mar«’ : for relief of heirs (see bill S. 7922) 360.
>
loo*1’ S is l e y G: to increase pension (sec bill S. 7632)
7ls; ^ B ilam , alias William Sm ith : to Increase pension
J0& ,)U1 S- ™35) 102.
104 0I1, Jo^u D : for relief of estate (see bill S. 7710)
DewuerT,Mflr8ha11: for relief (see bill S. 9120) 1827.
Moor,.’, ?Dlel: to increase i>ensioii (see bill S. 7802) 183.
Battle u r o u u a Association: donating can­
non « V
♦
* ‘ a u i e Ground
North n ,NH? ljiu 8. 8708) 1272
in
nited
ing* ar°llna United Daughters of Confederacy: donat­
U1,uu 1 u‘tecl Dauchtei
C
<
lnnoa to (see bill S. 8707) 1272.



309

OVERMAN—Continued.
B ills and jo in t reso lu tio n s in tro d u ced by

Parker, Pomeroy: for relief (see bill S. 7S79)^302.
Payne, James: for relief (see bill S. 7S01) 1S3.^
Rector, Alfred: to increase pension (see bill S. 7034) 1 0 Rice, Wilson: for relief (see bill S. 7S55) 249.
Richardson, Alfred: for relief (see bill S. 9531) 3o95.
Roberts, Wiley S: to pension (see bill S. 7921) 300.
Stanton, Zennie: to pension (see bill S. 9121) 182, .
Waters, Seth: for relief of estate (see bill S. 7481) 67.
Wayne County, N. C., Salem Methodist Episcopal Church
South: for relief (see bill S. 9479) 3066.
M o tio n s a n d re so lu tio n s offered b y

United States Steel Corporation: to print as document
views of individual members of Committee on Judiciary
on absorption of Tennessee Coal and Iron Company by
(S. Report 1110, part 2) 3720.
Wells, Adolphus E: requesting President to return bill
(H. R. 10752) for relief of 2195.
--------- to indefinitely postpone bill (S. 9355) for relief
2699.
P e titio n s a n d p a p e r s p r e s e n te d by, fr o m

Societies and associations ISO.
R e m a r k s by, on

Alaska roads 2685, 2687.
Catholic Church in Porto Rico 3495.
Cherokee, N. C., Indian school 2776, 2777.
Commission on Alcoholic Liquor Traffic 30S2.
Copyright laws 3740, 3747.
/
Latimer, Asbury C: death of 336S.
Navy appropriation bill 245S.
/
North Carolina waters surrey 3S21.
Panama Railroad Company 3493, 3494.
Penal laws 3603, 3604, 3011.
Secret Service 2193.
Wells, Adolphus E rw in : relief of 2387.
R e p o rts m a d e by, fro m

Committee on the Judiciary:
Gadsden, Ala., courts (bill II. It. 21560) 2360.
United States Steel Corporation: resolution of inquiry
relative to absorption of Tennessee Coal and Iron Com­
pany by (Report 1110, part 2 ) 3587.
Committee on Military A ffair!:
Chicago and Northwestern Railway Company right of
way (Report 722 ) 621.
Fulton County, Ga., land/ ( Report 1037 ) 2671.
Mooros Creek Battle Ground Association cannon (Beport
919) 1892.
/
Parker, Pomeroy (bill S. 7879) 1499.
Wells, Adolphus Envin (Report 879) 155S, 2429.
------- -concurrent resolution for relief (S. C. Res. 99)
2561.
Windsor, James A. (Report 924) 1S92.
Committee on Public Buildings and Grounds:
Salisbury, N. C., public building (Report 1101) 320S.
V o te s of.

See

Yea-aad-Nay Votes.

OVERMAN, PATRICK II., increase pension (see bill II. R.
24370).
OVERMIRE. SILAS, correct military record (see bill H. R.
23328).
OVERSHINER, JAMES M., pension (see bill II. R. 26627).
OVERSTREET, JESSE ( a R e p r e s e n t a t i v e f r o m I n d i a n a )
Attended 2.
Appointed conferee 2757.
\
Appointed Speaker pro tempore 2336.
Appointed teller 1477.
Chairman Committee of the Whole 2036.
Amendments offered by, to

Urgent deficiency appropriation bill 1120.
B i l l s and j o i n t r e s o l u t i o n s i n t r o d u c e d b y

Army: to promote efficiency of (see bill II. R. 22293) C
.
A y r e s , Edward: to increase pension (see bill H. R.
‘23134) 57.
Drunker, Thomas: to increase pension (see bill H. R.
24445) 357,

Butcher, John II: to increase pension (see bill II. It.
22725) 13.
Cleveland, Frances F : to grant franking privilege to (see
bill H. R. 25019) 409.




CONGRESSIONAL RECORD INDEX.

310

OWEN—Continued.

OVERSTREET—Continued.

A m e n d m e n t s o f f e r e d b y , to

B ills and jo in t resolu tion s in tro d u ced by

Post-office appropriation b ill: relief of Charles B. ( arter
1894. ,
/
River and harbor appropriation bill 3367a
Russia: joint resolution (H. J. lies. 235) for protection
of American citizens in 3741./
.
Sundry civil appropriation bill: purchase of certain *
dian relics 2S60. ^

Coburn, Caroline T: to increase pension ' se# bill H. IL
24577) 405.
bill H. R.
Coulee. Thomas A: to increase pension
25311) 514.
Disbursing officers: to amend law relative w lost or stolen
checks of (see bill H. R. 25S05) 711.
Frey, Adolph: to increase pension (see l#u H. R. 26964)
1325.
Gurley, Cealica: to increase pension/(see bill II. R
22727) 13.
Kendall, Bladen A: to increase p e n c il (see bill II. R
22726) 13.
Lewis, Andrew R: to pension (see h £ l H. R. 22729) 13.
McAllister. James A: to increase ppision (see bill H. R.
22724) 13.
iPostal laws: to codify, revise, an#amend (see bill H. R
24473, 27067, 28406) 403, 1391, #581.
fagland, Julia A: to pension ( s m bill H. R. 22728) 13.
aft, Lydia A: to pension (se#bill H. R, 22730) 13.
Tfteb, C. H., Jr: for relief ( s t/b ill H. It. 28373 ) 3349,

B ills an d jo in t resolu tion s in tro d u ced b y

Atoka County, Okla: to set a/art 10 acres for cemetery
in (see bill S. 9383 ) 2561. V
/
Baca, Juan Key: for relief (see bill S. 8552) 1014.
y
Baca, Matias: for relief of estate (see bill 8. 85o2) RR*
Champlin, Edward P: to place on retired list of army
(see bill S. 9161) 1 8 9 3 ^
.u
Chickasaw freedmen: to complete allotments of (see a
**
S, 9387 ) 2561. i
J.
Eggert, Fritz: for relief of estate (see bill S. 89tl) 1W J
*
——
Experimental farms: to establish (see bill S. 8838) 1401
^ Five Civilized Tribes: to dispose of affairs of (see bill »•
8776) 1354./
^
Fuentes, Guadalupe L. de: for relief of estate (see bill a8551) 1 0 1 4 V
,
/
Furbee, Harry B: to increase pension (see bill 8. 89
1661. /
/ /
Glick, G. W: for relief of estate (see bill 8. 8805) 14** ' y
Hamilton, Sarah G: to pension (see bill 8. S864) 1400. ^
Indian lands: for removal of restrictions from (see b*
S. 9070) 1761. s /
,
- Indians: to amend act to prohibit sale of i n t o x i c a n t
drinks to (see bill 8. 8553) 1014.'
Irrigation: to amend act appropriating receipts fr ° .
sales of public lauds for purposes of (see bill S. 91° ’
1893. V
,/
Jemison, Alfred: for relief (see bill S. 9494 ) 3353/
Jemison, Dwigbt: for relief (see bill 8. 9494 ) 3353/
Kaw or Kansas Indians: to sell surplus lands of (see b
S. 8554) 1014c
/ 1
Kennedy, Mary M: for relief (see bill 8. 9494 ) 3353-,
Miles, Thomas: to pension (see bill S. 8137 ) 475' y '
,.j #
Oklahoma: to establish Indian home in State (see h
>
S. 8241) 573. •
bill
-------- to sell land to State for penitentiary (see
^
S. 93.85 ) 2561./
.
-------- providing compensation for public roads m ■
bill S. 9386 ) 2561 y
/
Oliphant, John A: for relief (see bill S. 8866) 1460 .*
.
Osage Boarding School, Okla: for rebuilding dormitory
(see S. R. I ll ) 476X
ivilizAtioO
Osage Indians: to ascertain amounts o t
fund” paid by (see 8. R. 116) lOl.lyr
Pierce, Esther A: for relief (see bill S. 9404 1 3353.,
Pierce, John H : for relief (see bill S. 9494) 3353%
Pierce, King: for relief (see bill S. 9494 ) 3353.,
S867,
Sans Bois Coal Company? for reli
elief (see bills
9360, 9384) 1460,V2429r 2561. V
Savanna Coal Company; for relief (see bill 8. 9137) W *
Scott, William J for relief (see bill g. 8839) 1401)/
Shaw, Andrew I ------- --- v. . va> ^wv-v, bill g. o * r 47G.V
.■
*--If
for relief (see urn
8182) —
Western Miami Indians: for relief (see bill S. 9522)
Wichita Indians: for relief (see bill 8. 8242 ) 5 7 3 ./
York, C. S: for relief (see bill g. 9494 ) 3353. v /

M o t i o n B a n d r e s o l u t i o n s o f f e r e d by\

A djoirn: to 1452, 1493.
Briclvk Abraham L : makin# special order for eulogies
on (Arder No. 19) 1327.
P e t i t i o n s a u k p a p e r s pre se n te d M > p , f r o m

Citizens %nd individuals /0 , 59, 246, 359, 407, 516, 1269
1270,1*7. 2338,
Societies *nd a sso c ia te s 687, 1269, 1270, 1557, 1969,
2297, 27C\ 3350,
R e m a r k s bp, o n

Disbursing ofleers’ click s 1327.
Indiana jud k\il di#sions 165, 489, 490, 491, 493, 404,
496.
Point of order
Post-Office appreciation bill 1419, 1422, 3465, 1408, 1469,
1470, 1471, 147*1474, 1476, 1477, 1478, 1479, 1480, 1481.
1482, 1483, 14jr>\488, 1489, 1490, 2754. 2755, 2756. 2757
Ship subsidy 8155, \>56, 3657, 3665, 3686, 3694, 3095,
R e p o r t s m a d e bp, w o r n

Committee of cfnference1
Post-office iypropriatio\bill (bill II. R. 26305; Report
2233) 31
Committee o £ Post-Offices aiM Post-Roads:
Cleveland# Frances F. (R epvt 1854) 924.
Duplicate disbursing officersAhecks (Report 1855) 924
Lincoln postage stamp (R e p o \l8 4 2 ) 833.
Post-offjEe appropriation bill \ i l l H. It. 26305; Report
1861 / 9S0.
Joint Postal Commission: postal \ w s (Report 1806 ) 38S.
V o t e s of.

i See

Y e a - a n d -N a y V o te s .

OVERTT’IjF'1 FRANKLIN C., increase pe%ion (see bill H. It
,
187).
OWEN,

EXJAM IN, increase pension (see\)ills H. R. 4241,
£5391).

O W E # BENJAMIN F., increase pension (see bkl H. It. 23813)
OWEp, DANIEL, increase pension (see bill H.
27167)
Ow / n , JAMES H-, relief (see bill S. 7782)

M o tio n s a n d re so lu tio n s offered b y

OWEN, JOSEPH H., increase pension (see bills S. ftps, 9067).
OWEN, ROBERT L. (ft S e n a t o r f r o m O k l a h o m a )
Attended 1.
J
Appointed conferee 2860,'
Appointed meinbe/ of Joint Committee On Revision of
200 4
the Laws 3823.'>
A m e n d m e n t s o f f e r e d bp, to

/

Deficiency appropriation bill 3648/ j
Indian appropriation bill 2778; 2780, 2' roo.
reuer oi a. jn. s c n m m l w l ’V
■
--------relief of J. II. Schmidtt 1602,v '
Benedictine Fathers of Sacred Heart Ahftev ituV
claims of Creek Nation of Indians 1894./ '
additional land for Platt National Park 2079 * /
granting, certain coal lands to State of Oklahoma
2079.
Old Good Land Indian Orphan Industrial School
2079./
payment of award to loyal Creek Indians 2301. J

/

- Choctaw and Chickasaw Indians: to print metnorla
against reopening rolls of (S. Doc. 730) 2604).
. /
Dependent children: to print s[)ecial message of 1 ^ q J
dent on legislation for care of (8. Res. 303) " T .’
—i— to print repor/of conference on care of (S. H
'*'*
721) 3 7 1 7 ./
Executive session: for 9 5 0 ./
Res
Loyal Creek Indian claims: inquiry relative to (8273) 1603. V
*
to print memorial relating to (S. Doc. 690)
P e t i t i o n s a n d p a p e r s p r e s e n t e d b p, f n o m

Citiz.
Citizens and individuals 474. < /
Societies and associations ',oro' 1659^ 3352.
assoclatlo'*'" 1353,'’
State legislatures 1659’ 2669.v '
R e m a r k s bp, o n

i

Carter & Booker: relief of 34 $f. /
y
Creek Indian award 278-L 27ns. 2789, 2790.
Five Civilized Tribes lands 23 8 9 ,/

311

CONGRESSIONAL RECORD INDEX.
PASGETT—Continued.

OWEN—Continued.
Indian appropriation bill 2778, 2780, 2781. /
v
Legislation on appropriation bills 102IX 10^0", 1032, 1033.
Muskogee, Okla., public building 34o2.
s
New Mexico and Arizona statehood 3741.
Osage Indian enrollment 2390./
Postal savings banks 2135.
Shoenfelt, J. B la ir: relief of 374G.
R e p o rts m a d e by, fr o m

Committee on Indian Affairs:
. Caddo, Kiowa, and Cojnanclie counties, Okla., town lots
(Report 921) 1893./
/
/
•Creek Indian award (Report 975 ) 2180.'
/
* Five Civilized Tribes lands (Report 925) 1892.
s'
Oklahoma homestead entries (bill S. 8510) 1579.
* Osage Boarding School, Okla., dormitory (Report 755)
8 8 7 ./
_
/
* Osage Indians enrollment (Report 950 ) 2 0 7 8 ./^ '
« Sale of liquor to Indians (Report 894) 3060.Scott, William J. (Report 888) 1584. v"'
Committee on Post-Offices and Post-Itoads:
1 Carter, Charles D. (bill S. 9351; Report 992) 2359.
Committee on the Public Lands:
•✓
Alva, Okla., land (Report 893) 1 6 0 0 . /
‘ Bryan, John M , jr. (Report 914) 1 8 2 7 . /
V o tes of.

See

/
^Citizens and individuals 59, 157, 436, 473, 789, 8S3, 1011,
1270, 1711, 1755, 1S24, 1909.
/
>cieties and associations 157.

p \ i t i o n s a n d p a p e r s p re se n te d by, f r o m

R e m a r k s by, on

Y e a - a n d -N a y V o t e s .

OWEN, WILLIAM IL, increase pension (see bill H. R. 23778).
°^ E N S, BELSON W., relief (see bill S. 9079).
/
Resolution in Senate referring claim to C ourl/of Claims
(S. Res. 320), passed 3718.
S
° ^ E x \ BELSON WILEY, relief (see bill II. Jt. 24607).
^ EXsiNcEORGE W., increase pension ( s / ’bill H. It. 25769).
°^EN S, 9\ j >e , pension (see bill H. R. 2 2 m ) .
°^EX S, WlteLEY, increase pension (s*C bill II. R. 22562).

R e m a p s by, on

l

N a \r appropriation bill 1238, 1239.
Navjr colliers 3326.
Penal Jaws 2590.
Powddt purchase 1129,1130.
V o te s of.

(Appendi? 4.)

f y c Y ea - and -N a y V otes.

J

PAGE, ANNIE % increase pension (see bill
>.,
PAGE, CARROLL^S. ( a S e n a t o r f r o m
Attended 1.
Appointed on \om m ittees 570,

h

J

p

.

23259).

V erm o n t)

*
/
Consular service^bill (S. 4112) to reffcganiae 1973.
B ills a n d jo in t re so lu tio n s in tro d u ced b y |
Dodge, Nathan: to^increase pensioh (see bill S. 8700)
1272.
\
/
Preman, John: to increase pensien (see bill S. 9149)
1S93.
\
/
Schmerliorn, John N : to increase pension (see bill S.
9147) 1893.
\
*
Tillotson, Henry S: to in&ease pension (see bill S. 9148)
1S93.
\
/

A m e n d m e n t s o f f e r c \ b y , to

M o tio n s a n d re so lu tio n s o ffered b y

Adjourn: to 698.
P e titio n s an d p a p e rs p re se n te d b f, fro m

Citizens and individuals 1S91. \
Societies and associations i l 39, ^ S S , 1825, 1891, 2004.
R e m a rk s by, on
/
\
Proctor, Redfield: death i f 697.
\
V o te s of.
S e c Y e a -a n d -N at/ v o t e s .
\

°^INGS, JOHN, relief of estate ( d e bills S. 94G9; II. R. PAGE, IIARVEY S., increase!pension (see bill H. R. 241S9).
27113 ) \
/
ResolutionXin Senate referrufg claim of estate to Court PAGE, JESSE, relief of est/te (see bills S. 8173; II. R. 2GS41).
Resolution in Senate referring claim of egtate to Court
of C lainn\(S. Res. 320), r/ssed 3718.
of Claims (S. Re*. 320), passed 3718.
°^STERS
Bill to regulatV marking o f hermetically sealed cans con­ PAGE, ROBERT N. ( a R e p r e s e n t a t i v e f r o m N o r t h C a r o l i n a )
taining (see iV l H. 1* 20745).
\
Attended 3,
‘^CE, WILLIAM, p e n c il ( Z e e bill II. R. 23322).
P e titio n s an d p a p ers p resen ted by, fro m
Citizens and individuals 1824, 2426.
Af’lElC GAS AND E L lS p R IC COMPANY
Memorial of le g isla g \e of Arizona relative to 2559, 2826.
THEODORE, p g /s io i\s e e bill II. R. 23947).
^fcO C K , EDWIN,
8422).

incnVse pension (see bills S. 7383,

■^EX, H a r r i e t t , pension (soe'V lis IT. R. 25765, 27974).
^ E T 'r ,

Y A d /s

T., pension (see bi^MI. R. 24372).

GETT, LJmCUEL P. (a R e p r c s e n i a t i \ f r o m T e n n e s s e e )
A ttem pt 3.
^ P po/ted conferee 1195, 3945, 2004, 3V 0 , 3330.
g . APP/nted visitor to Naval Academy 13ll
* e m jo in t re so lu tio n s in tro d u c e d by
^Dadstreet, Mary ,T: to pension (see biirfcL R. 23S09)
f 155.
*
V
-liildress, Mitchell J : for relief of estate (s< \b ill II. R.
27574) 1754.
\
'-lark, AVaiter C: to increase pension (see b i \ II. R.
27503) 1709.
5 Panels, W. H : for relief (see bill IT. R. 278G8) If
Banner, J. W: for relief (see bill II. I t 23S0S) 155.V
y'Kuidc, W. T,, alias Kincade: for relief (see bill l \ R .
X 177) 881.
/C
1
*
John W : for relief of estate (see bill II, I t 20894

Totes

of.

Bee

Yea-and-Nay Votes.

PAINTER, DAVII>‘F., increase pension (see bills S. 7493,8422).
PAINTER. ELI SB A, papers withdrawn in Senate 303.
PAINTER, THQ^IAS, increase pension (see bills S. 7985,8422!),
PALM, CARL f a . AND JOHN, relief (see bills II. R. 25851,
27253/.
%
Resolullion in House referring claim to Court of Claims
(II. lie s. 519; H. R. Report 1975), passed 1555, 1940.
PALMER, ELIZA, increase pension (see bills S. 7453, 8422).
PALMER, A s
LLA, increase pension (see bill S. 9090).
PALMER/ FREDERICK W., increase pension (see bills II. R.
31G6, 25806).
PYLMEft, G. J., increase pension (see Jabez J. Randall, alias
: G . J. Palmer, bill II. R. 27974).
PALMER, GEORGE W., increase pension (see bills S. 7550,
/ 8422).
PALMER. LUCY A., pension (see bill S. 8901).
PAI MER, REUBEN S., increase pension (see bill II. R. 27608).

Molly, alias Plater: for relief (see bill H. I t i PALMER, SAMUEL, increase pension (see bills H. IL 227S0,
1
25806).
► ,s' Banks C : for relief of estate (see bill II. R, 23135)
L
kot ®7.
PAMLICO RIVER, NORTH CAROLINA
'
^ s o lu tio n s o ffered by
\
Concurrent resolution in House for surrey of (H. C. Res.
57), referred 1136.
e y> W. D : to withdraw his papers 13S9.






312

CONGRESSIONAL RECORD INDEX.

PANAMA
Bills to provide for government of Canal Zone at (see
bills H. R. 11744, 27250).
Bill concerning appeals from circuit court of Canal Zone
at (see bill H. It. 23470).
Bill relating to use, control, and ownership of lands in
Canal Zone at (see bill II. It. 1S694).
Draft of Panama-Colombia treaty 2892.
Estimate of appropriation for satisfying terms of assign­
ment and transfer made by Panama to Colombia (II. It.
Doc. 1480 ) 3348.
Estimate of appropriation for continuing the sanitation
of Colon and Panama (II. It. Doc. 1358) 1207.
Injunction of secrecy removed in Senate from treaty with
(Ex. X, GOtb, 2d) 3013.
Message of President transmitting report concerning con­
dition of government employees in (S. Doc. 539) 28, 51.
Letter of Secretary of War transmitting compilation of
laws concerning Canal Zone at 570.
Letter of Secretary of War transmitting correspondence
relative to certain claims in (H. R. Doc. 1411) 1821.
Letter of Secretary of War submitting a repeal of leases
of land within Canal Zone at (H. R. Doc. 1222) 355.
Letter of Secretary of War transmitting list of leases of
lands in Canal Zone at 437.

PARDEL, WILLARD F., increase pension (see bills II. R25615, 25.806).
PARDUM, JAMES M., increase pension (see bill II. R. 24792).
PARIS, FRANCE
Bill to purchase building and grounds fo r United States
embassy at (see bill S. 6959).
Amendment in Senate making appropriation for purchase
of building and grounds for United States embassy at
361, 621.
PARIS, KENTUCKY
Report of Court
(S. Doc. 560)
Report of Court
Church of (S.

of Claims on claim of Baptist Church at
61.
of Claims on claim of First Presbyterian
Doc. 594 ) 359.

PARIS, TEXAS
Bill to erect annex to public building at (see bill H. B
*
22329).
PARIS GREEN.

S e e I nsecticides .

PARISH, ABRAHAM It., increase pension (see bill H.
27S53).
PARISH, EPHItlAM C., increase pension (see bill H. R. 25239).

PARISH, JOSEPH D., increase pension (see bill II. R. 26410)’
PANAMA CANAL. S e e a l s o I s t h m i a n C a n a l .
Bill to issue additional bonds for construction of (see bill PARK, JOHN W., increase pension (see bill H. R. 28372).
S. 8407).
PARKER, DANIEL, increase pension (see bill H. R. 27184).
Bills to provide for construction of (see bills II. R.
PARKER, EDWARD F., increase pension (see bill S. 7576).
11744, 27250).
Resolution in House to appoint committee to investigate PARKER, EDWIN W., increase pension (see bills II. K. 2342L
purchase of (II. Res. 443), referred 8.
25806).
Resolution in House to investigate relative to letter of
PARKER, ELLA, relief of estate (see bill S. 9179).
Secretary of State of February 9, 1909, on subject of,
debated and laid on table 2950, 2958.
PARKER, EMMA L., pension (see bill S. 7682).
Resolution of inquiry in Senate relative to judicial invos- j
tigations in connection with certain publications in rela-1 PARKER, FRANCIS J.
Resolution in House to pay (H. Res. 574), passed 266b)
tion to purchase of (S. Res. 254), debated and referred
1017, 1078.
3510.
Injunction of secrecy removed in Senate from treaties PARKER, GEORGE E., increase pension (see bill S. 9062)with Panama and Colombia relating to (Ex. N, GO
tb,
PARKER, GEORGE S., pension (see bill H. R. 23212).
2d) 3013.
Order of Senate to return to Departments of State, War, PARKER, JACOB L., increase pension (see bills H. R- ~ 1
and Justice certain documents and papers relating to
24831).
purchase of, passed 361.
Order of Senate to print sundry papers relating to con­ PARKER, JAMES, relief (see bill II. R. 22654).
struction of. passed (S. Doc. 758) 3628.
PARKER, JAMES H., increase pension (see bill H. R. 22750)-^
Messages of President on subject of purchase of (S. Doe.
PARKER, JOSEPH II., increase pension (see bills H. K 34
*
589; II. R. Doc. 1213 ) 249, 278, 304.
25391).
Message of President transmitting report of engineers on j
progress of construction of (H. II. Doc. 1458) 2559, PARKER, MILO P., increase pension (see bill H. R. 26808 ] •
2578.
PARKER, ORLANDO J., increase pension (see bill II. R- 2 Letter of T. ,T Dolan relative to pay of employees on j
.
PARKER, POMEROY, correct military record (see bill
3309.
7879).
y<H
0
Remarks in House concerning construction of 1425, 2270,
PARKER, RICHARD WAYNE ( a R e p r e s e n t a t i v e f r o m 2285, 2324, 288-1.
Remarks in Senate and correspondence concerning con­
Jersey)
struction of 3621, 3628.
Attended 3.
Articles relative to construction of 3304, 3305, 3306.
Appointed conferee 2878.
Statement of William Nelson Cromwell relative to pur­
A m e n d m e n t s o f f e r e d b y , to
chase of 2289.
Penal laws: bill to revise 2592.
PANAMA RAILROAD COMPANY
B ills an d jo in t resolu tion s in tro d u ced b y
. . lUg
Bills directing them to establish line of steamers along ;
Fortifications: to amend act to protect from male
Pacific coast (see bills S. 9484; II. R. 28324).
injury (see bill II. R. 27890) 2021.
Message of President transmitting annual report of (S. j
P e titio n s a n d p a p e r s p re se n te d by, f r o m
Doc. 632 ) 476, 565.
Citizens and individuals 2118.
PANHANDLE ELECTRIC RAILWAY AND POWER COM­
R e m a r k s by, on
PANY
Alaska military and post roads 1695, 1697, 109*8
Bills granting right of way through Priest River National
Army appropriation bill 1706, 1728, 1732, 3575.
Forest, Idaho (see bill S. 7873).
Blood, Charles S: relief of 422.
PAPER. S e e a l s o P ulp and P aper I nvestigation .
Brownsville, Tex., affray 3389, 3390.
Bill to experiment in making paper material out of corn­
Canal Zoue government 2110.
stalks (see bill H. R. 24328).
Conlin, Patrick: relief of 391.
Bill to experiment in making paper material out of cotton
Dame, Robert S: relief of 3*5.
stalks (see bill H. R. 23241).
Hlnseh, William A: relief of 386.
Amendment in Senate making appropriation for exi>oriIndiana judicial divisions 487, 488.
ments in manufacture of paper from cornstalks and j
Interstate shipment of liquor 2585.
t1 cSi2.
cotton stalks 2605.
Military Academy appropriation bill 2s09, 28 .
2817.
PARCEL, CLARK It., pension (see bill II. It. 23731),
Northrop, Theodore F : relief of 961.
PARCELS-POST SYSTEM. S e e Postal S ervice.
Payment of commissions 3120.

CONGRESSIONAL RECORD INDEX.
YEA-AND-NAY VOTES IN HOUSE—Continued.
Ocean mail service: on bill (S. 28) to amend act to proside for 3694.
-'
. Order of business 164, 1G5, 207, 275, 277, 2597, 2S20.
Panama Canal: on resolution ia'ilouse to investigate rela­
tive to letter of S ecreta ry ^ State of Ferbuary 9, 1909,
concerning 2957.
Panama Canal Z o n e : oj/fnll (H. R. 27250) to provide for
government of 2141
President’s messaged relating to the Secret Service: on
resolution (IT. j i t e s . 478) to lay on table 683.
Rules of Ilousp^r on resolution (II. lies. 597) to modify
rule relative to votes on motions to suspend rules
3311 33
S ecreta ria t State: on bill (S. 9295) to reduce salary of
# 4 0 3 , 2415.
"on resolutions (II. Res. 573; IT. C. Res. 67) rela­
tive to salary of 2632, 2636.
Special orders: on resolution (H. Res. 566) for special
order for bill (S. 9295) to reduce salary of Secretary of
State 2409.
Sundry civil appropriation bill (II. R. 28245 ) 3315.
YEA-AND-NAY VOTES IN SENATE
/
^
Agricultural appropriation bill (H. I*. 27053) 3078, 3252,

421

YOACHUM, JACOB, increase pension (see bills H. R. 23765,
25391).
<
YODER, HIRAM L,, increase pension j see bill H. R. 23435).
YODER, JAMES, increase pension (see bill H. R. 23S49).
YODER. JOSIAH, increase pension (jsee b illH .R . 25752, 28285).
YOEMANS, FRED, pension (see bill H. R. 24919).
•YOHN, JOHN L., correct military record (see bill H. R. 26011).
'kONGE, HENRY, relief of estate; (see bills S. 9013; H. R,
27196).
YORK, C. S., relief (see bill S. 9494).
Resolution in Senate referring claim to Court of Claims
(S. Res. 320), passed 37jfe.
YORK. CHARLES W., increase Sension (see bills II. R. 22803,
\ 27469).
YORK^EDGAR D., increase pfnsion (see bills H. R. 25354,
26461).
YORK. NEBRASKA
Estimate of appropriatiomYor post-office building at (II. R.
Doe. 1257) 466.
YORKSTON, MARIA, pension (see bill H. R. 27275).

Census: on bill (H. R. 16954) to provide for the taking of
tlie Thirteenth and subsequent decennial censuses G42./
Companies B, C, and D, Twenty-fifth United States In­
fantry (colored) : on bill (S. 5729) to correct records
and authorize reenlistment of certain discharged sol­
diers of 2947. v
Diplomatic and consular appropriation bill (II. R. 27523)
2928./
/
Fortifications appropriation bill (H. It. 27054 ) 2934.
Legislative, executive, and judicial appropriation bill
(H. R. 23464) 1039, 10407109?, 1093, 1096, 1208, 12?4,
1206, 1294.
Lincoln, Abraham: on joint resolution (S. R. 117) relat­
ing to celebration of one-hundredth anniversary of
birth of 1291^
J
Naval appropriation bill (II. It. 26394 ) 2 ^ 3 , 2549.
Negroes: on resolution to discharge committee from fur­
ther consideration of bill (S. 8462) to prohibit inter- |
marriage of whites and negroes 3483^
,,
w
Order of business 1030, 1443, 2131, 34S$, 3601, 3012, 3620,

57 1:0
.

YORKTOWX,^VIRGINIA
Bill to construct military highway from Jamestown to
(see bill X . R. 27064)1
T
rOSEMITE NATIONAL PARK
Joint resolutions to allow city and county of San Fran­
cisco, Cal., ib exchaiige lands for reservoir sites in Lake
Eleanor and Hetch Hetchy valleys in (S. R. 323; I-I. J.
Res. 223).
\
|
YOST, DAVID J., increh^e/pension (see bill II. R. 25175).
YOST. HENRY, increase ijjbnsion (see bill S. 9061).
YOUMANS, IRA, increase'pension (see bills S. 8029, 9422).
YOUMANS, W. A., increase pension (see Ira Youmans, bill S.
9422).
/
\
YOUNG, ADDIE, pensi($ (see bill II. R. 26951).
YOUNG, DARIUS, increase pension (see bill II. R. 24928).
YOUNG, EMMA C., pension (see bill H. R. 23417).

Panama Canal purchase: on resolution of inquiry in Sen­ YOUNG, FERDINAND, remove charge of desertion (see bill
ate (S. Res. 254) relative to judicial investigations in
II. R. 24682).\
connection with certain publications concerning 10S3.V
YOUNG, GEORGE, increase pension (See hill H. R. 23610).
Pension appropriation hill (H. R. 26203) 2679.'
Relations between Congress and the executive depart- , YOUNG, GEORGE W., relief (see bill S. 534).
m eats: on resolution (S. Res. 322) relative to 3740.
Russia: on joint resolution (II. J. Res, 235) for protec- J YOUNG. H. OLIN (« R e p r e s e n t a t i v e f r o m M i c h i g a n )
Attended 3. ■
tion of American citizens holding passports of United
Appointed on Committee on Frauds mid Depredations in
States in 3742. J
Public Sendee 755.
\
Tennessee Coal and Iron Company: on motion to lay on
Appointed op joint inaugural committed 410.
table the resolution to investigate absorption by United
States Steel Corporation of 624. ^
B ills a n d jo in t re so lu tio n s in tro d u ced by
Army Engineer Corps: to increase efficiency of (see bill
^ A G E ij, JOSEPH, pension (see bill H. R. 240S9).
H. R. 27372) 1622.
\
EAGEftf WILLIAM V., increase pension (see bills H. R. 23641, j
Courts of? United States: to regulate issu e’of injunctions
28285).
from (le e bill IL R- 2229S) 7.
V
j a m ES A., relief of estate (see bill S. 9193).
St. Mary* River, Mich: to improve (see hill % . R. 27476)
1709. j
\
^YGNS|SLVIIAM, increase pension (sec Nahum Yeaton, bill
Sans Bojs Coal Company: for relief (see bill HXR. 27514)
H /H *M 83i),
v "
1710. f
\
W ilsons Arthur: to increase pension (see bifi II. R.
Ea t ON, NAIIT^I, increase pension (sec bills IL R. 22802,
24831).
2722$ 1455.
\
^LLQW STONE NATIONAL PARK
Paper containing historical and d#?criptive notes on (S.
j.
P>oc. 752) 3595.
V
/
RtOWSTONE RIVER
S
Memorial of legislature at North' Dakota relative to appropriatlon for impjdvoment of 3712, 2021.
?rease pension (see bills II. R. 20093, j
Increase pension (see bills IT. R. 22733,
IIENUY/X I
-5391U /

P e titio n s a f d p a p ers p re se n te d by, fr o m

Citizei4s and individuals 359, 570, 9S4, 30G0, 3707.
and associations 16, 2667.

Societies

R em arks W , on

Military Academy appropriation bill 2811,

\
\

R e p o rts n& dc by, fro m

Committee on Military A ffairs:
FultoJ C o u n t y , Ga., land (Report 2122 ) 2239.
S e e Yea-and-Nay Votes.
V o te s of.
YOUNG, IltS T E R , pension (sec bills II. R. 24411, 27469).

1 l A - ANl5REW, relief (see bill H. R. 28886).
. YOUNG, JA COB S., relief (see bill II. R. 25610).
GLrNG, EZRA J., increase pension (see bills 8. 7755, 9242). - YOUNG, J^MES A., increase pension (see bill II. U. 25326).






CONGRESSIONAL RECORD INDEX.

1909

CONGRESSIONAL RECORD—HOUSE.

473

ing H. R. 23707, for incorporation of the Order of Knights of
Ivhorassan—to the Committee on the Judiciary.
By Mr. LOVERING: Petition of Brockton Central Labor
Union, against the decision of Judge Wright relative to Messrs.
Gompers, Mitchell, and Morrison—to the Committee on the
Judiciary.
By Mr. MACON: Papers to accompany bills for relief of
Adam Hubbard and George H. Trout—to the Committee on
Invalid Pensions.
Also, paper to accompany bill for relief of heirs of Mrs. Mary
Whitehead—to the Committee on War Claims.
By Mr. MALBY: Petition of trustees of the New York Pub­
lic Library, for retention on free list of public library books—
to the Committee on Ways and Means.
Also, petitions of residents of Twenty-sixth Congressional
District of New York, favoring parcels-post law, and of resi­
dents of Marena, N. Y., against parcels-post law—to the Com­
mittee on the Post-Office and Post-Itoads.
Also, petition of residents of the Twenty-sixth New York
Congressional District, against Senate bill 3940 (religious ob­
servance in the District of Columbia)—to the Committee on the
District of Columbia.
By Mr. NYE: Petition of citizens of Anoka, Minn., against
Senate bill 3940, entitled “An act for proper observance of
Sunday as day of rest in the District of Columbia”- to the
—
Committee on the District of Columbia.
By Mr. O’CONNELL: Petition of Massachusetts Society of
Sons of American Revolution, for maintenance of Fort McHenry
as a permanent garrison post—to the Committee on Military
Affairs.
By Mr. PADGETT: Papers to accompany bill granting a
pension to D. If. Crews—to the Committee on Invalid Pensions.
By Mr. PORTER: Petition of residents of Lima, Livingston
County, N. Y., against a parcels-post law—to the Committee
on the Post-Office and Post-Roads.
Also, petition of Alexander Grange, of Genesee County, N. Y„
and Bliss Grange, of Wyoming, N. Y., for a parcels-post law—
to the Committee on the Post-Office and Post-Roads.
By Mr. ROBERTS: Petition of Major-General Hyram G.
Berry Post, Grand Army of the Republic, Department of Mas­
sachusetts, favoring amendment of widows’ pension bill of April
19, 1908, so as to include all widows of soldiers and sailors of
late civil war, etc.—to the Committee on Invalid Pensions.
By Mr. SHERMAN: Paper to accompany bill for relief of
J. C. Thorne—to the Committee on Invalid Pensions.
Also, petition against enactment of the Johnston Sunday bill
(S. 3940)—to the Committee on the District of Columbia.
Also, petition of the trustees of the New York Public Library,
favQring retention on free list of books for public libraries—
to the Committee on Ways and Means.
By Mr. SLAYDEN: Protest of citizens of New Braunfels
and* San Antonio, Tex., against proposed parcels post—to the
Committee on the Post-Office and Post-Iioads.
By Mr. SMITH of Michigan: Petition against Senate bill
3940 (religious observance in the District of Columbia)—to the
Committee on the District of Columbia.
By Mr. SPERRY: Petition of Clinton Grange, No. 77, of
Clinton, Conn., favoring a parcels post and postal savings
banks—to the Committee on the Post-Office and Post-Roads.
By Mr. STEPHENS of Texas: Petitions of merchants of
Chico, Jacksonboro, Goree, Monday, Seymour, Wichita Falls,
Bowie, Henrietta, and Graham, all in the State of Texas,
against parcels-post law—to the Committee on the Post-Office
and Post-Roads.
By Mr. SULLOWAY: Petition of Rochester (N. II.) Grange,
for parcels-post delivery on rural free-delivery routes and for
postal savings banks—to the Committee on the Post-Office and
Post-Roads.
By Mr. TIRRELL: Petition of A. ,T Whitcomb, E. E. Mace,
.
and others, for establishment of a parcels post—to the Commit­
tee on the Post-Office and Post-Roads.
Also, paper to accompany bill for relief of Theodore Iv. Hol­
brook—to the Committee on Invalid Pensions.
By Mr. WOOD: Petitions of Higlitstown Grange, No. 96;
Windsor Grange, No. 40; Riverside Grange, No. 125; WhiteS. :']X tu ition of Frank Hawley Field, for H. R. 21455 and house Grange, No. 159; and Ringoes Grange, No. 12, Patrons
tafileu’ v,Vlatlve t0 Patent decisions—to the Committee on the of Husbandry, all of the State of New Jersey, favoring parcelsIM delivery on rural routes and for post-office savings banks—
ist
Also
r \ j • petitions of B. Folk man, Joseph II. Rokus, and Alb. to the Committee on the Post-Office and Post-Roads.
Also, petition of New Jersey State Association of Assistant
^garV—
*av°rhig repeal of duty on raw and refined
a
Postmasters, for legislation placing assistant postmasters in
the classified service—to the Committee on the Post-Office and
Post-ltoads.
Also, petition of Trenton Chamber of Commerce, for S. 6973,
increasing salaries of United States judges—to the Committee
By Mr T Navi'> Affairs.
0,‘
r- LONGWORTH: Petition of William Lueders, favor­ on the Judiciary.

By Mr. HAY: Petition of C. W. Trenary, of Front Royal,
Va., favoring repeal of duty on raw and refined sugars—to the
Committee on Ways and Means.
By Mr. HELM: Paper to accompany bill for relief of estate
of Adam Pence—to the Committee on War Claims.
By Mr. HOWELL of Utah: Petition of Utah County Med­
ical Society, favoring organization of national public-health
agencies—to the Committee on Agriculture.
Also, petition of Cheyenne Branch of Railway Postal Clerks,
favoring H. It. 21261—to the Committee oil the Post-Office and
Post-Roads.
By Mr. HULL of Tennessee: Petition of citizens of Rhea
County, Tenn., against passage of Senate bill 3940—to the
Committee on the District of Columbia.
By Mr. IvAIIN: Petition of Humboldt Chamber of Commerce,
°f Eureka, Cal., for improvement of Humboldt Bay—to the
Committee on Rivers and Harbors.
Also, papers to accompany bills for relief of Henry Wagner
a]Hl J. Randolph Peyton—to the Committee on Military Affairs.
Also, itetition of Chambers of Commerce of Los Angeles, Cal.,
{,Rd Stockton, Cal., for improvement of Humboldt Bay—to the
Committee on Rivers and Harbors.
Also, petition of California State Grange, for postal savings
banks—to the Committee on tlie Post-Office and Post-Roads.
Also, petition of Los Angeles Chamber of Commerce, favoring
mcrease of salaries of United States judges—to the Committee
0 the Judiciary.
11
Also, petition of the Frank B. Peterson Company, of San
* Uuicisco, Cal., favoring repeal of duty on raw and refined
sugars—to the Committee on Ways and Means.
Also, petition of committee of the California bar, favoring
hicrease of salaries of United States judges—to the Committee
°n the Judiciary.
Also, petition of sundry citizens of California, for more
U’higont laws relative to Asiatic immigrants—to the Commit66 on Foreign Affairs.
% Mr. KEIFEIt: Petition of J. W. Johnson and 15 others,
London, Ohio, for parcels-post delivery on rural mail routes
postal savings banks—to the Committee on the Post®Ce and Post-Roads,
j. Ly Mr. K N A PP: Paper to accompany bill for relief of WilD. Allen—to the Committee on Claims.
Also, petition of People’s Milling Company, for provision of
Grille register for the steamer A c a c i a —to the Committee on
® Merchant Marine and Fisheries.
BerP o tio n against the passage of S. 3940 (proper obbj. nce of Sunday as a day of rest in the District of Columto the Committee on the District of Columbia.
jyA'So, petition of residents of Twenty-eighth Congressional
. ‘Strict of New York, favoring parcels post and postal savings
i,lUlks laws—to the Committee on the Post-Office and Postnoads.
rmVlso’ petition of trustees of New York Public Library, for
‘entiou on free list of books for public libraries—to the Comjtee on Ways and Means.
esp'l ^Ir- LA FEAN: Paper to accompany bill for relief of
te of Samuel Fitz—to the Committee on War Claims.
c e l s 0’ Petition of Straban Grange, of Strnban, Pa., for a parsystem and postal savings banks—to the Committee
Ail6 Po8t Offlce and Post-Roads,
to ij
j,aPer to accompany bill for relief of William Jennings—
e Committee on Invalid Pensions.
LAW: Petition of Local Union No. 491, Textile
fires ' 18 °* America, against reduction of tariff on silk gloves,
"
Bv u**8’ veLIngs, etc.—to the Committee on Ways and Means,
retenf, - LINDSAY: Petition of New York Public Library, for
..... ... on free list for public libraries—to the CoinA]«n ° n "
and Means.
leeis', ; Petition of National Grange, Patrons of Husbandry, for
ttiitt, ' 0,1 to assist States in highway construction—to the ComAi>J on Agriculture.
for j . ’ Petition of Cheyenne Branch of Railway Postal Clerks,
k‘ ~l*til—to the Committee on the Post-Office and l'ost-







CONGRESSIONAL RECORD—SENATE.

474

SENATE.
T

uesday,

January 5, 1909.

Prayer by the Chaplain, Rev. Edward E. Hale.
The Journal of yesterday’s proceedings was read and ap­
proved.
ACCOUNTS OF POSTMASTERS.

The VICE-PRESIDENT laid before the Senate a communica­
tion from the Secretary of the Treasury, transmitting, in re­
sponse to a resolution of May 27, 1908, a letter from the Auditor
for the Post-Office Department, together with a statement show­
ing the accounts of postmasters who served between July 1,
1864, and July 1, 1874, whose accounts have not been readjusted
and certified for paymeut by the Postmaster-General under the
act of March 3, 1883 (S. Doc. No. 627), which, with the accom­
panying papers, was referred to the Committee on Appropria­
tions and ordered to be printed.
HERBERT J. BROWNE AND W. G. BALDWIN.

The VICE-PRESIDENT laid before the Senate a communica­
tion from the Secretary of War, submitting, by direction of the
President and in response to a resolution of the 16th ultimo, a
report relative to the time when Herbert J. Browne and V i . G.
Baldwin were employed by the War Department to investigate
what happened at Brownsville, Tex., on the 13th and 14th of
August, 1906, the terms of that employment, etc. (S. Doc. No.
626), which, with the accompanying paper, was referred to the
Committee on Military Affairs and ordered to be printed.
ELECTORAL VOTE OF WYOMING.

The VICE-PRESIDENT laid before the Senate a communica­
tion from the Secretary of State, transmitting, pursuant to law,
an authenticated copy of the certification of the final ascertain­
ment of electors for President and Vice-President appointed in
the State of Wyoming, which, with the accompanying paper, was
ordered to be filed.
ENROLLED BILLS SIGNED.

A message from the House of Representatives, by Mr. W. J.
Browning, its Chief Clerk, announced that the Speaker of the
House had signed the following enrolled bills, and they were
thereupon signed by the Vice-President:
S. 6189. An act granting a right of way to the Southern
Pacific Railroad Company across the Fort Mason Military Res­
ervation in California; and
H. R. 24832. An act for the relief of citizens of Italy.
PETITIONS AND MEMORIALS.

The VICE-PRESIDENT presented memorials of the Citizens’
Association, of Chicago, 111.; of the People’s Institute, of New
York City, N. Y .; and of the Board of Trade of Baltimore, Md.,
remonstrating against the adoption of the provision in the cen­
sus bill providing for the appointment of employees in the Ceusus Office without a competitive examination, which were or­
dered to lie on the table.
Mr. CULLOM presented a petition of sundry citizens of Wal­
tham, 111., praying for the passage of the so-called “ postal sav­
ings banks bill,” which was referred to the Committee on PostOffices and Post-Roads.
Mr. FRYE presented a petition of Local Grange No. 94,
Patrons of Husbandry, of Naples, Me., and a petition of sundry
citizens of the State of Maine, praying for the passage of the
so-called “ rural parcels-post bill,” which were referred to the
Committee on Post-Offices and Post-Roads.
Mr. BURROWS presented a petition of Boyne Valley Grange,
No. 1254, Patrons of Husbandry, of Boyne, Mich., praying for
the passage of the so-called “ rural parcels-post” and “ postal
savings banks” bills, which was referred to the Committee on
Post-Offices and Post-Roads.
Mr. WARNER presented the petition of Louisa Locker, of
Whitewater, Mo., praying that she be granted a pension, which
was referred to the Committee on Pensions.
He also presented the petition of John Ward, of Hurdland,
Mo., praying that he be granted a pension, which was referral
to the Committee on Pensions.
Mr. BOURNE presented a petition of the Commercial Club
and of the common council of the city of Hood River, Oreg.,
praying that an appropriation lie made for the improvement and
deepening of the channel of the Columbia River in front of the
cit£ of Hood River, in that State, which was referred to tffie
/Committee on Commerce.
Mr. OWEN. I present the memorial of Vere Goldthwaite, of
Boston, Mass., relative to the rights of suffrage. I move that
the memorial be printed as a document and referred to tli
Committee on the Judiciary.
The motion was agreed to.

J anuary 5,

Mr. ELKINS presented the petition of Isaac D'lsay, late
captain, Twenty-seventh U. S. Infantry, praying for the enact­
ment of legislation to place on the retired list the names of
surviving officers mustered out under the provisions of the act
approved July 15, 1870, which was referred to the Committee
on Military Affairs.
Mr. LONG presented a petition of Local Grange No. 163,
Patrons of Husbandry, of Vinland, Kans., and a petition of
sundry citizens of Barton County, Kans., praying for the pas­
sage of the so-called “ rural parcels-post” and “ postal savings
banks” bills, which were referred to the Committee on PostOffices and Post-Roads.
He also presented sundry papers to accompany the bill (S3158) for the relief of James Tulley, which were referred to the
Committee on Military Affairs.
Mr. DICK presented a petition of the Cigar Maufacturers’
A ssociation , of Dayton, Ohio, p rayin g for a reduction of the
duty on Sumatra tobacco, which was referred to the Committee
on Finance.

He also presented memorials of sundry citizens of C o lu m b u s
and Portsmouth, in the State of Ohio, remonstrating against
the enactment of legislation making the first day of the week
a day of rest in the District of Columbia, which were referred
to the Committee on the District of Columbia.
He also presented a petition of the International Associa­
tion of American Watch Case Engravers, of Canton, Ohio, pray­
ing for the enactment of legislation to prohibit the immigration
of all Asiatics into the United States and remonstrating
the extension of the right o f naturalization, which was referred
to the Committee on Immigration.
He also presented petitions of sundry citizens of Mount ’
'e*'
non, Waynesville, Bamesville, Geneva, Sabina, Somerset and
London, all in the State of Ohio, praying for the passage of t|]e
so-called “ rural parcels-post” and “ postal savings banks” bills*
which were referred to the Committee on Post-Offices and Post‘
Roads.
Mr. PERKINS presented a petition of the Sacramento Valley
Development Association, of Sacramento, Cal., praying that a»
appropriation be made to increase the facilities of the M
a*®
Island Navy-Yard in that State, which was referred to tn
Committee on Naval Affairs.
He also presented a petition of the Chamber of Commerce o
Stockton, Cal., praying for the enactment of legislation to ci
large the powers of the Interstate Commerce Commission reia
tive to rate making and giving the right to review c h a n g e s _
rates before they become effective, which was referred to to
Committee on Interstate Commerce.
, . .,i
Mr. BURKETT presented an affidavit to accompany the a
(S. 7362) granting an increase of pension to John C. Aaro »
which was referred to the Committee on Pensions.
CONSTRUCTION AND REPAIR OF VESSELS.

Mr. HALE. I present a statement of Washington Lee CapP^
Chief Constructor and rear-admiral, United States Navy. •
Chief of the Bureau of Construction and Repair, relating to
construction and repair of vessels. The statement is front
hearings of the Committee on Naval Affairs, House of RO .t
sentatives, Sixtieth Congress, second session. I move tn- ^
be printed as a document and referred to the Committee
Naval Affairs.
The motion was agreed to.
BELIEF TO SUFFERERS IN FOREIGN LANDS.

Mr. H A L E .

I present a list of acts and resolutions 0JL
oaJgt
gress granting relief to the people of foreign nations on n < < t
of earthquakes, fire, famine, and so forth. It is the sanie ^
appears in the R ecord this morning. I move that the P*I ^p.
printed as a document and referred to the Committee o
propriations.
The motion was agreed to.
REPORT8 OF A COMMITTEE.

.

Mr. FULTON, from the Committee on Claims, to whom * ut
referred the following bills, rejHirted them several 1
.'
amendmentand submitted reports thereon:
major*
A bill (H. R. 5161) for the relief of Lawson M^I uUer,
Ordnance Department, U. S. Army ( Report No. 70S) > a\ , c,>ort
A bill (S. 791S) for the relief of Bernard W. Murray

\

No. 709).
BILLS INTRODUCED.

*

Mr. CULLOM introduced a bill (S. 8117) for the rebe ^
Andrew J. Baker, which was read twice by its title
ferred totheCommittee on Claims.
of
He also introduced a bill (S. 8118) granting an !n! lj.s titl#
pension to James Y. Goucb, which wus read twice by

1909.

CONGRESSIONAL RECORD—SENATE.

with the accompanying paper, referred to the Committee
°R Pensions.
.
.
.
He also introduced a bill (S. 8119) granting a pension to
Elizabeth Carroll, which was read twice by its title and referr
to the Committee on Pensions.
„ ,,
_. . .
Hr. HOPKINS introduced a bill (S. 8120) for the relief o
Martin H. Avey, which was read twice by its title and leten ed
to the Committee on Claims.
..
He also introduced the following bills, which were se\ d a ily
road twice by their titles and, with the accompanying papers,
referred to the Committee on Pensions:
A bill (S. 8121) granting an increase of pension to Caroline
Williams;
•
A bill (S. 8122) granting an increase of pension to Isaac JN
.
Jones; and
r
A bill (S. 8123) granting an increase of pension to Henry L.
Ketcham.
Hr. DILLINGHAM (for Mr. Gallinger) introduced the fol­
lowing bills, which were severally read twice by their titles
3nd. with the accompanying papers, referred to the Committee
0 1 the District of Columbia:
1
A bill (S. 8124) to authorize certain changes in the permaU system of highways, District of Columbia; and
(‘nt
A bill (s, 8125) to amend an act entitled “An act regulating
sale of intoxicating liquors in the District of Columbia,
approved March 3, 1893.
Hr. SCOTT introduced the following bills, which were sevOGUly read twice by their titles and referred to the Committee
°n Pensions:
A bill (S. 8326) granting an increase of pension to B. B.
u°vener; and
A bill (S. 8327) granting an increase of pension to Joseph M.
^ (with the accompanying papers).
Hr. BURROWS introduced n bill (S. 8328) granting an in­
crease of pension to George W. Edson, which was read twice by
s title and, with the accompanying paper, referred to the
°hnnittee on Pensions.
er* *GURNE introduced a bill (S. 8329) granting an in•
ease of pension to Samuel T. Thomas, which was read twice
ds title and, with the accompanying papers, referred to the
ininittee on Pensions.
RevV• J'AYXTER introduced the following hills, which were
* ^erally read twice by their titles and referred to the Com*dtee on Claims:
A bin (8, 8130) for the relief of the trustees of the PresbyriaJ\ Church of Stanford, Ky.;
a bin ( s
foi. tll renef 0f the Board of Education of
f a i l l e s , Ky.;
ftA blH (S. 8132) for the relief of McCracken County, State
or Kentucky;
A bin (s . 8133) for the relief of Jessamine County, State of
Kentucky;
A bill (s . 8334) for the relief of Laurel County, State of
Kentucky;
(S. 8135) for the relief of Scott County, State of
Kentucky; and
ingston County, State _flf
j r bill (s. 8136) for the relief of Livings
fjfitucky.
OWEN introduced a bill (S. 8137) granting a pension!
to t) 0n?as Hiles, which was read twice by its title and referred^
- V Committee on Pensions.
r}‘
Hr- GORE introduced a hill (S. 8138) granting a pension to
f^;>rze De Merritt, which was read twice by its title and re,(>d to the Committee on Pensions.
j A e also introduced a hill (S. 8139) granting a pension to
W. Gllliard, which was read twice by its title and reD'd to the Committee on Pensions,
rui- V GORE (by request) introduced a bill (S. 8140) for the
rL , of Hie estate of William Le Blanc, deceased, which was
twice by its title and referred to the Committee on Claims,
tn i r- ECRKKTT introduced a bill (S. 8141) granting a pension
.. * arah J. Fulton, which was read twice by its title and, p ith
^ a cc o m p a n y in g papers, referred to the Committee on Ieualso introduced a hill (S. 8142) granting an increase of

rpf f °n *° Eeter Henkel, which was read twice by its title and
Jarred to the Committee on Pensions.
also introduced a bill (8. 8143) granting to the ( hicago
n,l Northwestern Railway Company a right to change the locaJ °n of its right of way across the Niobrara Military lteservanon, which was read twice by its title and referred to the ComQlltfee on Military Affairs.
, „ + .
v
‘
Vr- NELSON introduced a bill (S. 8144) to regulate the jrnliUI procedure of the courts of the United States, which was
read twice by its title and referred to the Committee on the
Judiciary.



475

Mr. McCREARY introduced the following bills, which were
severally read twice by their titles and, with the accompanying
papers, referred to the Committee on Pensions:
A bill (S. 8145) granting an increase of pension to Gabriel
Greenleaf;
.
A bill (S. 8146) granting an increase of pension to Mary A.
Kerr;
A bill (S. 8147) granting an increase of pension to Thomas
McClure; and
A bill (S. 8148) granting a pension to Elza L. Ross.
Mr. du PONT (by request) introduced a b ill (S. 8149) to
increase the efficiency of the Army of the United States, w h ic h
was read twice by its title and referred to the Committee on
Military Affairs.
, . _
Mr. KNOX introduced the following bills, which were sev­
erally read twice by their titles and referred to the Committee
on Pensions:
^
.
A bill (S. 8150) granting an increase of pension to John
Marshall;
.
.
.
.
A bill (S. 8151) granting an increase of pension to Charles
G- Miller;
.
„
A bill (S. 8352) granting a pension to Amelia Walker; and
A bill (S. 8153) granting a pension to Jennie M. McMurtrie.
Mr. KNOX introduced a bill (S. 8154) to amend section 19 of
the act granting the Lake Erie and Ohio River Ship Canal Com­
pany rights to construct, equip, maintain, and operate a canal or
canals and appurtenant works between the Ohio River, in the
State of Pennsylvania, and Lake Erie, in the State of Ohio,
approved June 30, 3906, which was read twice by.its title and,
with the accompanying papers, referred to the Committee on
Commerce.
Mr. ELKINS introduced the following bills, which were sev­
erally read twice by their titles and referred to the Committee
on Claims:
A bill (S. 8155) for the relief of Nancy Shiflett and Malinda
OLirtis. heirs of Mariah Dodrill, deceased; and
A bill (S. 8156) for the relief of the legal representatives of
Paul McNeel.
Mr. ELKINS introduced a bill (S. 8157) for the relief of Maj.
James M. Burns, U. S. Army, retired, which was read twice by
its title and referred to the Committee on Military Affairs.
Mi- BURNHAM introduced a bill (S. 8158) providing for the
promotion of assistant paymasters in the navy, which was read
twice by its title and referred to the Committee on Naval Aff,lMr WETMORE introduced a bill (S. 8159) granting an in­
crease of pension to James W. Bedford, which was read twice
by its title and, with the accompanying papers, referred to the
Committee on Pensions.
Mr SMITH of Maryland introduced a bill (S. 8100) to au­
thorize commissions to issue in the cases of officers of the Navy
•uul Marine Corps retired with increased rank, which was read
twice by its title and referred to the Committee on Naval Aff 'He also introduced a bill (S. 8101) for the relief of Joseph
Flewheart, which was read twice by its title and referred to
the Committee on Claims.
He also introduced a bill (S. 8162) for the relief of William
I*. Trimble, surviving executor of Isaac It. Trimble, deceased,
which was read twice by its title and, with the accompanying
paper, referred to the Committee on Claims.
Mr. DICK introduced the following bills, which were sev­
erally read twice by their titles and referred to the Committee
on Pensions:
„
,
.
A bill (S. 8163) granting an increase of pension to Charles
W. Hoskins;
.
. T
T
A bill (S. 8164) granting an increase of pension to Henry
Double;
,
.
.
. , .
A bill (S. 8305) granting an increase of pension of John
Akenuan; and
A bill (S. S306) granting an increase of pension to John
Limrie,
Mr. KEAN introduced a bill (S. 8307) granting a pension to
Emily J. Cory, which was read twice by its title and, with
i lie accompanying papers, referred to the Committee on Pen­
sions.
Mr. WARNER introduced the following bills, which were
severally read twice by their titles and referred to the Com­
mittee on Claims:
A bill (»S. 8168) for the relief of the trustees of the First
Presbyterian Church of Warrensburg, Mo.;
A bill (S. 8169) for the relief of Barry County, State of
Missouri;
A bill (S. 8170) for the relief of Johnson County, State of
Missouri;




476

J anuary o,

CONGRESSIONAL RECORD—SENATE.

A bill (S. S171) for the relief of Newton County, State of
Missouri; and
A
_
A bill (S. 8172) for the relief of the estate of Willis Allman,
d6C6£l SO
il.
Mr WARNER introduced a bill (S. 8173) for the relief of
the estate of Jesse Page, deceased, which was read twice by its
title and. with the accompanying paper, referred to the Commit­
tee on Claims.
..
He also introduced the following bills, which were severally
read twice by their titles and, with the accompanying pa pci s,
referred to the Committee on Pensions:
A bill (S. 8174) granting an increase of pension to George b .
Blue; and
A bill (S. 8175) granting a pension to Alya Bird.
Mr. W A R N E R introduced a bill (S. 8176) granting a pension
to Jonathan M. Ragner, which was read twice by its title and
referred to the Committee on Pensions.
Mr SUTHERLAND (by request) introduced a bill (S. SI <7)
for the relief of William P. Alexander, which was read twice
bv its title and referred to the Committee on Claims.
Mr LONG introduced a bill (S. 8178) granting an increase
of pension to Henry Horn, which was read twice by its title
and. with the accompanying papers, referred to the Committee

Mr. GORE. That course is perfectly satisfactory to me.
The VICE-PRESIDENT. The resolution will be referred to
the Committee on Printing.
IMPROVEMENT OF COLUMBIA RIVER, OREGON.

Mr. FULTON submitted the following concurrent resolution
(S. C. Res. 5S), which was referred to the Committee on Con1
'
merce:
. .
R eso lv ed

b y t h e S e n a te

( th e H o u s e

o f R e p r e s e n t a ti v e s

co n c u rrin g >

That the Secretary of War be, and he is hereby, directed to calis?j,e
survey and estimate to be made for a project of improvem ent or J- ,
Columbia River, in the State of Oregon, in front of the town of
River, and report the same to the Congress.
ANNUAL REPORT OF PANAMA RAILROAD COMPANY.

The VICE-PRESIDENT laid before the Senate the following
message from the President of the United States (S. Doc. * °632), which was read and, with the accompanying papers, r
ferred to the Committee on Interoceanic Canals and ordered 1
be printed:
T o th e S e n a te an d H o u s e o f R e p r e s e n t a t i v e s :

I transmit herewith for the consideration of the Congress the Fi *
ninth Annual Report of the Board of Directors of the Panama ***
road Company for the fiscal year ended June 30, 1908.
T heodore K oosev M***

T h e W h it e H ouse , J a n u a r y 5, 1909.
UNIVERSAL AND INTERNATIONAL EXHIBITION AT BRUSSELS.

which were severally
The VICE-PRESIDENT laid before the Senate the folloj'
accompanying papers, ing message from the President of the United States (S. U '
No. 631), which was read and, with the accompanying
A bill (S. 8179) for the relief of Charles W. Munn; and
referred to the Committee on Foreign Relations and order0*
A bill (S. 8180) for the relief of Peter Ludwig.
to be printed:
Mr FLINT introduced a bill (S. 8181) granting an increase T o th e S e n a te a n d H o u s e o f R e p r e s e n t a t i v e s :
of pension to William M. Dunn, which was read twice by its
I transmit herewith a report from the Secretary of State, r e c ^
title and, with the accompanying paper, referred to the Conn mending, for reasons therein stated, an appropriation to ena.„ t()ri]S, United States fittingly to participate in the Universal and m* a 1
J (j
^anttee on Pensions.
to November,
/ A i r . OWEN introduced a bill (S. 8182) for the relief of tional Exhibition, to be held at Brussels April Government of lJrw 0®,
in response to the invitation extended by the
tJj«
I Andrew P. Shaw, which was read twice by its title and, with
This recommendation has my cordial approval, and I hope tna{ap(y
‘ the accompanying papers, referred to the Committee on Claims. Congress will make timely and appropriate provision for the accept
of the invitation and for participation in the exhibition.
„_(T
|
He also introduced a joint resolution (S. R. I ll ) authorizT heodore R o o s e t e u I in" the rebuilding of the dormitory at Osage Boarding School,
The W
hite House, J a n u a r y 5, 1909.
J Oklahoma, recently destroyed by fire, which was read twice by
COLORADO BOUNDARY LINE— VETO MESSAGE.
^
I its title and, with the accompanying papers, referred to thty
The VICE-PRESIDENT. The Chair lays before the Sen^
I Committee on Indian Affairs.
„
11
V . Mr. LODGE introduced a joint resolution (S. R. 11-) a message from the President of the United States, r® 1 1 jgjj.
authorizing the selection of a site and the erection of a pedestal without his approval the joint resolution (S. R- 78) e?r.;1
for the Alexander Hamilton Memorial in Washington, D. C, ing a boundary line between the States of Colorado and ^ g
homa and the Territory of New Mexico. The inessag
which was read twice by its title and referred to the Committee
read to the Senate December 19, 1908, and the ques- ^ lfllt
on the Library.
Shall the joint resolution pass, the objections of the rr a m e n d m e n t to s u n d r y c iv i l a p p r o p r ia t io n b il l .
of the United States to the contrary notwithstanding ?
_
I — o
_ ^ ■
V
—
Mr. ——— t
TELLER. m
Mr. President, A joint resolution J i y
the J !■A M fIt If
Mr. NELSON submitted an amendment relating to pay and
allowances of jurors in United States court cases, intended to recognizes the line the Department of the
,
,0 aud
ttle
be proposed by him to the sundry civil appropriation bill, which surveyed. It is a matter concerning which only Colo
was referred to the Committee on the Judiciary and ordered to New Mexico have any interest, except a few miles v’ .-jeut
line touches Oklahoma. It is quite evident that the . j0jot
be printed.
of the United States was not advised when lie vot°ec|
ctiou»
AMENDMENTS TO THE CENSUS BILL.
*
Mr. BURKETT submitted an amendment intended to be pro­ resolution and had not looked up the history of the t *
posed by him to the bill (H. R. 16954) to provide for the either from Colorado or the Department of the I!lter , reflgo»3
I have some papers which I wish to present and S0I11L repflred
Thirteenth and subsequent decennial censuses, which was or­
which I shall give at the proper time, but I am nut I
]ai(j
dered to lie on the table and be printed.
Mr. LODGE submitted an amendment Intended to be pro­ to do it now, and I ask consent that the message may
posed by him to the bill (H. R. 16954) to provide for the aside, to be called up subsequently.
The VICE-PRESIDENT. The Senator from Co101 :]r laid
Thirteenth and subsequent decennial censuses, which was or­
unanimous consent that the veto message be tempera. •
dered to lie on the table and be printed.
aside to be called up at a later date. Is there objecti
HEARINGS BEFORE COMMITTEE ON THE CENSUS.
Chair hears none, and it is so ordered.
On motion of Mr. L ong it was—
MEMORIAL ADDRESSES ON THE LATE SENATOR "
j. o0
° nHeLalso” introduced the following bills,
read twice by their titles and, with the
referred to the Committee on Claims:

O rd e r e d , That the Committee on the Census be authorized to have
printed hearings had before that committee.

LINCOLN’ S INAUGURAL ADDRESSES.

Mr. GORE submitted the following resolution (S. Res. 242),
which was read:

Mr. RAYXER. Mr. President. I desire to give notice
^
Saturday, January 16, I shall ask the Senate to c o m s m e r tions commemorative of the life and character < t i \jarylaB '
>
<*
Pinkney W hyte , late a Senator from the State oi *
CONSIDERATION OF THE CALENDAR.

y jjj

IS

W
hereas this is the centenary year of the birth of Abraham Lin­
The VICE-PRESIDENT. The calendar under L> g ^ thc
<<
coln : Be it therefore
.
, . ..
R e s o l v e d , That the two inaugural addresses of M Lincoln, together in order.
r.
The Secretary will state the first busit
with the emancipation proclamation, be printed in the C
osomssioxal
.. ^
R ecord of this date, and that 50,000 copies of said addresses and calendar.
The joint resolution (S. R. 74) suspending tb
no0nc^*
proclamation be printed as a public document.
The VICE-PRESIDENT. Does the Senator from Oklahoma
desire the present consideration of the resolution?
Mr. GORE. If unanimous consent be given.
The VICE-PRESIDENT. Is there objection to the present
consideration of the resolution?
Mr. BAILEY. I am perfectly willing that the two inaugural
addresses shall be printed under unanimous consent, but I ob­
ject to printing the emancipation proclamation as proposed.
Mr. ELKINS. I suggest that the resolution be referred to
the Committee on Printing. It involves the cost of printing
50,000 copies.

clause of the present interstate-commerce law wa
us the first business on the calendar.
.
Mr. KEAN. Let the joint resolution be
°
*itb°at
The VICE-PRESIDENT. It will be passed o «
#
prejudice, at the request of the Senator from Nj* ;
B
The resolution (S. Res. 93) relating to the reor- n ^ t&
e
the Northern Pacific Railroad Company was announc
next business on the calendar.
nl50
,ih.
Mr. KEAN. Let the resolution be passed over « ■ '
>
whD
The VICE-PRESIDENT. The resolution will gP
j erse>’

_i __ tha Siom
itnU

k
f

i

1009.

CONGRESSIONAL RECORD—SENATE.

A bill (S. 8227) granting an increase of pension to Augustus
A bill (S. 8228) granting an increase of pension to Merrill
A bill *( S. 8229) granting an increase of pension to Dana H.
A bill (S 8230) granting an increase of pension to John Ryan.
Mr PERKINS introduced a bill (S. 8231) to authorize the
Secretary of the Treasury to cause to be erected a suitable build­
ing or buildings for marine-hospital purposes on the present
marine-hospital site at San Francisco, Cal., and to remove all or
any of the present structures on said site, which was read tw ice
by its title and referred to the Committee on Commerce.
Mr. HOPKINS introduced a bill (S. 8232) granting an increase
of pension to Samuel Young, which was read twice by its title
and referred to the Committee on Pensions.
Mr. RICHARDSON introduced a bill (S. 8233) for the relief
of Christian Christensen, which was read twice by its title and
referred to the Committee on Claims.
He also introduced a bill (S. 8234) granting pensions to sol­
diers, sailors, and certain militiamen who are Incapacitated tor
the performance of manual labor, and providing pensions roi
widows and minor children, which was read twice by its title
and referred to the Committee on Pensions.
Mr. FRAZIER introduced a bill (S. 8235) to change and fix
the time for holding the circuit and district courts of the
Pnited States for the eastern and middle districts of Tennessee,
which was read twice by its title and, with the accompainmg
Paper, referred to the Committee on the Judiciary.
He also introduced the following bills, which were set orai >
read twice by their titles and, with the accompanying papers,
referred to the Committee on Claims:
A bill (S, 8230) for the relief of the heirs of Elizabeth
Brinkley, deceased;
. .
. T tT
,
A bill (S. 8237) for the relief of heirs or estates of It. H.
Broomes, James Cavert, and Obediah Hurt, late of the firm
°f Groomes, Cavert & Co., and others;
A bill (S. 8238) for the relief of Mrs. Lottie Bowman, widow
aad heir of Thomas R. Bowman, deceased, and others; and
/ A bill (S. 8239) for the relief of the heirs or estates of John
£*errvberry and Kiziah Derryberry, deceased, and others.
■p^tr. GUGGENHEIM introduced a hill (S. 8240) for the relief
heirs of W. W. Lemmon and Elizabeth. Chinn Lemmon, deceased, which was read twice by its title and, with the accom""nying paper referred to the Committee uu Claims.
Mr. OWEN fiifrodu^T K eT oH ow lng hills, which were sever­
e r read twice by their titles and referred to the Committee
011 Indian Affairs:
' r ,,
. A bill (S. 8241) to authorize the establishment of an Indian
borne in the State of Oklahoma, and for other purposes; and
A bill (S. 8242) for the relief of the Wichita and affiliated
hiin/ic*
Indi'ius
------- T L A PI* introduced the following bills, wCTnr were i e v erally read twice by their titles and referred to the Committee

573

Mr. DEPEW introduced a bill (S. 8252) for the relief of
Elizabeth G- Martin, which was read twice by its title and re­
ferred to the Committee on Claims.
.
He also introduced a bill (S. 8253) granting an increase of
pension to Melvina White, which was read tu ice ij i
i
and, with the accompanying papers, referred to the Committee
on Pensions.
AMENDMENTS TO APPROPRIATION BILLS.

Mr. CULLOM submitted an amendment proposing to appro­
priate $4,200 for grading and macadamizing the east side or
Wisconsin avenue, from Woodley road to Macomb s? ee*’
Macomb street, from Wisconsin avenue to Thirt^-fif th ,Titct,
intended to be proposed by him to the District of Columbia ap
propriation bill, which was referred to the Committee on Ap­
propriations and ordered to be printed.
_„„„„ ,.
1 Mr. ELKINS submitted an amendment proposingtom creasetie
number of telephone operators at the
pnlitan police of the District of Columbia from 6 to 9, intended
to 1p proposed bv him to the District of Columbia appropriation
^ w S w a s S e d t o the Committee on the District of Co­
lumbia and ordered to be printed.
.
,
Mr DEPEW submitted an amendment proposmg to appionri-'te 841900 to pay the salaries of the chief justice, assocHte justices, etc., o /t h e supreme court of the District of Colurnbia, intended to be proposed by him to the legislative execu­
tive and judicial appropriation bill, which was refened to the
Committee on the Judiciary and ordered to be printed.
AMENDMENTS TO OMNIBUS CLAIMS BILL.

Mr. KEAN submitted an amendment intended to be proposed
by him to the omnibus claims bill, which was ordered to lie on
the table and be printed.
Mr. LODGE submitted an amendment intended to be pro­
posed by him to the omnibus claims bill, which was ordered to
lie on the table and be printed.
. t . , . fft ho
Mr. DEPEW submitted an amendment intended to be pro­
posed by him to the omnibus claims bill, which was ordered to
lie on the table and be printed.
POSTAL SAVINGS DEPOSITORY FUNDS.

Mr McCUMBER. I submit an amendment intended to be
proposed by me to Senate bill G4S4, t o ^ b U s h postal savings
banks, and so forth, which I ask may be read and punted and
^ Tlie proposed" amendment was read and ordered to be printed
and to lie on the table, as follows:

n

S
-triWgjroot .U o
fw«M
? X th edbnri°rc5?inted on January 6, 1900, and insert In lieu
0
ihereon the flow in g: postmaster.General shall, as herein provided,
immeiliatc * iifity °o'f °the ^place ‘
vfc
whlrfsuch^unds0^^received

will accept such funds and agiee i:o p- >
t tbercof ns may he reA bill (S.^8243) to authorize the Secretary of the I»tenor per anoum,■“ dgg® such wcuritv ro P
{ of the secretary
to reserve power sites on the Colville Indian Reservation, in the quired by the I oS™a®
t.ert a re two or more banks In the immediate
^ A b iU ?sa1 S i ) mlthorizing the Secretary of the In te r io r ^
Inscribe the name of Joseph P. T. l'ish upon t t
Q«apaw Agency as a Quapaw Indian, and requae his ru
C ognition as such; and
,
, .
+i1A
. A bill (S. 8245) to authorize appeals to be taken from the
iodgments of the Court of Claims to the Supreme Court of the
Whited States in certain cases now pending before the Court
of Claims, and for other purposes.
k,, i
Qojrn to reMr. SMITH of Michigan introduced n MU (SL of
®
“ove the charge of desertion from the m j it e ^ r^ord
Joseph Neveau, which was read twice by its ti e and, with the
accompanying paper, referred to the Committee on MUitarj

practicable, in proportion to the capital _ c7na°‘\ . 8 8 the l’ostsi®
That before depositing such funds In
aa°K at Deither
t’
h
master-General shall be satisfied that- ^ b^ anaers^impaired, and that
its capital stock nor its surplus is in any manner i m p : ^ United
its business is conducted
accordance w
d p r o v i d e d further,
States or the state laws governing such banKS. ^ p for s' ch re.
u
That said Postmaster-General may accept as
ain; of ff00d standpayment the assurance obHgatlon of 5^
funds 'in the counties,
ing. Where it Is not practicable _to
may be deposited
States, or Territories where they are nearest practicable points thereto
in such national ®
r
or municipal bonds of such
or invested in state’ territorial.
n.
be gelecte(3 by the i>0gtState. Territory, county, or
p3 fhe Secretary of the Treasury.
0f
master-General. w1tht tr e PP
made in case the said banks in the
Hut no ««ch investments shali be^ ^ conected are willing to receive
He also introduced the following bills, which ^ ore^ eiere y mm? fundf a t S \ A S 2 of!interest and upon the conditions herein­
re
/ud twice by their titles and referred to the Committee on before provided.”
WITHDRAWAL OF PAPERS—-FRANCESCO KREBS.
A bill (S. 8247) granting a pension to Margaret A.
A bill (S. 8248) granting an increase of pension
>

Re
T

b m \ t ^ 9 )nS ^ a . f

R

E

£ £

8

01 pension to John M.

P ro v id ed ,

Mr MONEY I send up au order which I ask to have concidored now It is to withdraw certain papers accompanying a
Jm Vor tho r n t v o s e of preparlDg a now bill The bill
passed both Houses and was vetoed by the President, under, I
think, misinformation.
The order was read and agreed to, as follows:

A b u l’( l n82B0) granting a ^ “ ^ A ' ^ S i . f g a ^ I n c r e a K
O dered
the papers in the case of Francesco Krebs, accompanyMr. SCOTT introduced n bill (S. 8 -o ij g . A , its titje ine rsmate That S. 5531, Fifty-ninth Congress, second session, be with­
bill
of Pension to Joseph E. Insco, which was iea<
, Com m ittee drawn from the files of the Senate, there having been no adverse report
and. with th e a ccom p a n y in g papers, referred to th e Com m ittee thereon.
on Pensions.







CONGRESSIONAL RECORD—SENATE.

574

J anuary 7,

IMPROVEMENT OF LAKE TRAVERSE, SOUTH DAKOTA.
introduced for the relief of the discharged soldiers the un­
Mr. KITTREDGE submitted the following concurrent reso­ finished business, and that I shall press it constantly, in season
lution (S. C. Res. 61), which was referred to the Committee on and out, until it is disposed of.
Commerce:
TENNESSEE COAL AND IRON COMPANY.
R e s o l v e d b y t h e S e n a te ( th e H o u s e o f R e p r e s e n t a ti v e s c o n c u r r i n g ),
Mr. CULBERSON. Mr. President, I desire to introduce a
That the Secretary of W be, and he is hereby, directed to cause a resolution, which I will read:
ar
survey and estimates to be made for a project of improvement and

lighting Lake Traverse, in the State of South Dakota and county of . Resolved, That the Committee on the Judiciary be, and it is hereby,
Roberts, and report same to the Congress.
directed to report to the Senate as early as may be practicable whether,
in the opinion of the committee, the President was authorized to perIMPROVEMENT OF CHINCOTEAGUE BAY.
mit the absorption of the Tennessee Coal and Iron Company by the
United States Steel Corporation, as is shown by the message of the
Mr. MARTIN submitted the following concurrent resolution President in response to Senate resolution No. 240, this session.

(S. C. Res. 60), which was referred to the Committee on Com­
merce :

Before I ask its consideration, Mr. President, I wish the
indulgence of the Senate for a few moments with reference to
That the Secretary of W be, and he is hereby, authorized and directed the purpose of the resolution.
ar
to cause an examination and survey to he made of the shoal or bar at
On January 4 of this year the Senate, on my motion, adopted
the entrance to Chincoteague Bay, with a view to the removal of said the following resolution:
R eso lved b y

t h e S e n a te

( th e H o u s e

o f R e p r e s e n t a ti v e s

c o n c u r r in g ).

shoal or bar, and providing for a channel depth of 15 feet at that
point, and to submit estimates for such improvement.

Resolved, That the Attorney-General be, and he is hereby, directed to
inform the Senate—
J
First. Whether legal proceedings under the act of July 2, 1800.
or by
Mr. SMITH of Michigan submitted the following concur­ have been instituted by him accounthis authority against the United
States Steel Corporation on
of the absorption by it in the
rent resolution (S. C. Res. 62), which was referred to the Com­ year 1907 of the lennessee Coal and Iron Companv, and if no such
proceedings have been instituted state the reason for"such nonaction.
mittee on Commerce:
Second. W
hether an opinion was rendered by him or under his
R e s o l v e d b y t h e S e n a t e ( th e n o u s e o f R e p r e s e n t a t i v e s c o n c u r r in g ).
authority as to the legality of such absorption, and if so attach a
That the Secretary of W be, and he is hereby, authorized and directed copy, if in writing, and if verbal state the substance of it.
ar
to cause a survey to be made on the shores and waters of Lake Michigan
It will be seen that the resolution was addressed to the At­
at Leland, Leelanaw County, Mich., with a view to determining the
advantage, best location, and probable cost of a breakwater to form a j torney-General of the United States and asked, in substance,
harbor of refuge at that point, and submit a plan and estimate for whether he hail proceeded under the Sherman antitrust law
such improvements.
against the United States Steel Corporation on account of the
IMPROVEMENT OF LAKE MICHIGAN.

HOUSE BILLS BEFEREED.

H. R. 16620. An act authorizing the apointment of dental
surgeons in the navy was read twice by its title and referred to
the Committee on Naval Affairs;
H. R. 10662. An act to amend an act entitled “An act to es­
tablish the Foundation for the Promotion of Industrial Peace ”
was read twice by its title and referred to the Committee on
the Judiciary ; and
H. R. 21926. An' act for the organization of the militia in the
District of Columbia was read twice by its title and referred
to the Committee on Military Affairs.
COMMISSIONS TO RETIRED OFFICERS.

The VICE-PRESIDENT laid before the Senate the amendments of the House of Representatives to the bill (S. 653) to
authorize commissions to issue in the cases of officers of the
army retired with increased rank.
The amendments were on line 3, after “ army,” to insert the
words “ Navy and Marine Corps,” and to amend the title so as
to read: “An act to authorize commissions to issue iu the cases
of officers of the Army, Navy, and Marine Corps retired with in­
creased rank.”
Mr. WARREN. I move that the Senate concur in the amend­
ments of the House.
Mr. FRYE. There is no reason why the revenue-cutter offi­
cers should not be included with officers of the Navy and Marine
Corps.
Mr. WARREN. The intention of the proposed law as orig­
inally introduced was merely to grant the power to the Execu­
tive to issue commissions to such officers of the army as by
law received a higher grade upon retirement. The Senator
from Maine calls the attention of the Senate to the fact that
officers of the Revenue-Cutter Service are left out. I think my­
self, since the House proposed to include officers of the Navy
and the Marine Corps, which they had a right to do, and
which is entirely satisfactory, we should also include those of
the Revenue-Cutter Service.
So I move to amend the amendment of the House by including
the officers of the Revenue-Cutter Service, and I ask that the
amendment as amended may be concurred in.
The VICE-PRESIDENT. The amendment proposed by the
Senator from Wyoming will be stated.
The S e c r e t a r y . After the words “ Navy and Marine Corps ”
insert “ and of the Revenue-Cutter Service.”
The amendment was agreed to.
The amendment as amended was concurred in.

absorption of the Tennessee Coal and Iron Company, and if he
had not proceeded, to state the reason for his nonaction. He
was also directed to inform the Senate whether he had given
an opinion as to the legality of this merger and to attach a
copy of the opinion if in writing, and if not, to state the sub­
stance of it.
The answer is made to the resolution by the President, and
not by the Attorney-General, as Senators understand and know
from the message read yesterday, and which appears in the
R e c o r d this morning.
With reference to one phase of this response of the Presi­
dent, I w ill to-day have comparatively little to say—that is,
with reference to his protest against the passage of the resolu­
j tion by the Senate.
The response of the President is a full and complete answer
to the resolution of the Senate. It shows that no action has
been taken by the Department of Justice, and that none has
been taken because the President took the matter in bis own
hand, as is not infrequently the case.
It shows further that one more arbitrary and lawless act
an important nature has been traced to the Chief Magistrate
of the country, who is solemnly obligated by the Constitution
not only to obey the law himself, but to take care that it is
faithfully executed by others.
It is true he protests that the Senate has no right to direct
the head of a department by a resolution of inquiry or to seek
the reason for a course pursued by the head of any of the
departments.
That should surprise nobody, Mr. President. It is character­
istic of the distinguished occupant of the White House. It }
hut a natural and logical corollary of the main dogma of nlS
message, that he is absolved from any legal restraint whatever.
I have already stated that upon that proposition at this tim
I shall have very little to say; and I will content myself
the present with reading from the opinion of Attorney-Genera
Cushing, in the sixth volume of the Opinions of the Attorney
General of the United States, a paragraph to which I iBvlt
the especial attention of Senators:

Upon the whole, then, heads of departments have a threefold )" ,
^
tion, namely: 1. To the President, whose political or co® ae40Je
®
ministers they are, to execute his will, or rather to net In {V’ ujcD
?
t
and by his constitutional authority, in eases in which the iu?
possesses a constitutional or legal discretion. 2. To the
Yere
where the law has directed them to perform certain acts, aParafleg a
rights of individuals are dependent on those acts, then, in sP5n “
tl,, ja*s
head of department is an officer of the law. and amenable to ' , fo
for his conduct. (M
arbury o. M
adison, I Cranch. 49-61. J A
D
Congress, in the conditions contemplated by the Constitution.
oDe
This latter relation, that of the departments to Congrew, " ^ g o ­
On motion of Mr. W arren, the title was amended so as to o f the great elements of responsibility and legality In ,nv
.,rhr iaiv;
read:
They are created by law; most of their duties are prescrloea . • fttioO
at ail
them for
p»glsAn act to. authorize commissions to issue in the cases of officers of Congress may official times call on may. If it Information or
in matters of
duty, and
sees tit. Interpose a v ­
the Army, Navy, and Marine Corps, and of the Revenue-Cutter Service, iation concerning them, when it
required by the interests oi
retired with increased rank.
ernment.
.^tihO
COMPANIES B, C, AND D, TW ENTY-FIFTH INFANTRY.
Mr. KORAKER. Mr. President, I give notice that on Mon­
day next, immediately after the routine morning business, I
shall make some remarks on the latest phases of the BrownsTllki nmtter, with the indulgence of the Senate, and I give
iurther notice that at that time I shall move to make the bill I

But, Mr. President, however important may be the
to which I am at this time adverting, I do uot intend th •
0f
ing to be diverted from the proposition that the
n tive
the United States has permitted by his positive and a to •
action a violation of the law of the United States. Sena
remember that in the fall of 1907 there was frequent ta

623

CONGRESSIONAL RECORD— SENATE

1909.

A bill (S . 8280) granting an increase of pension to Samuel
S , W e av er;

A bill (S. 8287) granting a pension to Mary E. Shrewsbury;
A bill (S. 8288) granting an increase of pension to Nancy
tJlen; and
A bill (S . 82S9) granting an increase of pension to A . P.
De Bruler.
Mr. A L D R IC H introduced the following bills, which were
severally read twice by their titles and, with the accompany­
ing papers, referred to the Committee on Pensions:
A bill (S. 8290) granting an increase o f pension to James
S. D a v i s ;

A bill (S. 8291) granting an Increase of pension to W illiam

Bernhard; and

and Geodetic Survey, and to cause estimates to be made for a project
of improvement of the North, or Bonita Channel, by the removal of
Centissima and Sears rocks, and report the same to Congress.
IM VEM
PRO
ENT O O
F AKLAND H R R CALIFO
A BO ,
RNIA.
Mr. P E R K IN S submitted the following concurrent resolution
(S. C. Res. 6 4 ), which was referred to the Committee on Com­
merce :
R eso lv ed

hy

th e

S en a te

( th e

H ou se

of

R e p r e se n ta tiv e s

c o n c u r r in g ),

That the Secretary of War be, and he is hereby, directed to cause to be
made a resurvey of Oakland Harbor, Alemeda County, Cal,, with a
view of improving the same to meet the present and future demands
of commerce, and to submit estimates of cost of the following three
projects: Project No. 1: A channel 700 to 800 feet wide and 25 feet
deep from San Francisco Bay to the foot of Tenth avenue extended,
thence around Brooklyn Basin 500 to 700 feet wide and 25 feet deep
at low tide. Project No. 2: Same as project 1, except that depth be
30 feet at low tide. Project No. 3: Same as projects Nos. 1 and 2,
except that the whole of Brooklyn Basin he dredged to pierhead line at
a uniform depth of 25 or 30 feet at low tide.
IM VEM
PRO
ENT O W R O D H R R M
F A E A A BO , INNESOTA.

A bill (S. 8292) granting an Increase of pension to George
W . Stoddard.
Mr. R A Y X E R introduced a hill (S. 8293) for the relief of
the heirs of Solomon Dowden, which was read tjvice by its title
Mr. N ELSO N submitted the following concurrent resolution
and referred to the Committee on Claims.
He also introduced a bill (S . 8294) granting a pension to (S . C. Res. Go), which was referred to the Committee on
Horace Daniels, which was read twice by its title and, with Commerce:
R e s o l v e d h y t h e S e n a t e ( t h e H o u s e o f R e p r e s e n t a t i v e s c o n c u r r i n g ),
the accompanying papers, referred to tlie Committee on Pen­
That the Secretary of War be, and he is hereby, directed to cause a
sions.
survey and estimate to be made for deepening the channel and the
M r . D A N IE L Introduced a hill (S. 8295) for the relief of entrance to same cf Warroad Harbor, Minnesota, and protecting the
channel and entrance to the same by means of a dike or otherwise.
the heirs of W illiam A. Elmore, deceased, which was read
R PO T O HAWAII.
E R N
twice by its title and referred to the Committee on Claims.
He also introduced a hill (S. 8296) for the relief o f the
Mr. P E R K IN S submitted the following resolution (S. Res.
trustees of the Morris Methodist Episcopal Church South, of
I 24 5), which was referred to the Committee on Printing:
Kent County, Va., which, was read twice by its title and
R e s o l v e d , That there be printed for the use of the Senate and de­
referred to the Committee on Claims.
livered to the Senate document room, three thousand (3,000) copies of
H e also introduced a bill (S . 8297) authorizing the Secretary
the report on Hawaii, made by the Director of the Reclamation Service.
° f the Navy to contract with the receivers o f the Jamestown
HOUSE BILLS R FE R D
E RE,
Exposition Company, and any other parties in interest, for the
The following bills were severally read twice by their titles
Purchase o f certain lands on Hampton Roads, in Norfolk
bounty, Va., and the buildings, structures, and improvements and referred to the Committee oil Indian A ffairs:
H . R. 19095. An act authorizing the Secretary of the Interior
thereon, for the use of the Navy Department of the United
States as a naval training station, and for other governmental to sell isolated tracts o f land within the Nez Perces Indian ResPurposes, which w as read twice by its title and referred to the j ervation; and
Committee on Naval Affairs.
II. R. 21458. An act authorizing sales of land within theCoeur
! d’Alene Indian Reservation to the Northern Idaho Insane A sy­
AM
ENDM
ENTS T APPRO
O
PRIATIO RILLS.
N
lum and to the University o f Idaho.
Hr. C A R T E R submitted an amendment proposing to appro­
CO
NSTITUTION ISLAND, NEW Y R .
OK
priate $30,000 for replacing granite or Belgian block with as­
The V IC E -P R E S ID E N T laid before the Senate the following
phalt on Nineteenth street N W ., from Pennsylvania avenue to
-> street, Intended to be proposed by him to the District of Co- message from the President of the United States (S . Doc. No.
unibla appropriation bill, which was referred to the Comrnit- 6 3 9 ). which was read and, with the accompanying papers, re­
ferred to the Committee on M ilitary Affairs :
le<- on the District of Columbia and ordered to be printed.
M r. SU T H E R L A N D submitted an amendment proposing to
appropriate $8,500 for salaries o f cashier, clerk, first assistant
Js
'usiyer, etc., at the assay office at Salt Lake City, Utah, inJ®hdcd to be proposed by him to the legislative, etc., appropria­
tion bill, which was referred to the Committee on Approprlatl°ns and ordered to be printed.

AM
ENDM
ENTS T OM
O
NIBUS CLAIM BILL.
S

To

th e S en a te and H o u se o f R e p r e s e n ta tiv e s:

I transmit herewith, with my approval of the recommendations con­
joined therein, a communication from the Secretary of War, transmit­
ting draft of an item authorizing the Secretary of War to accept the
d o n a t i o n , subject ro certain conditions, of the property known as
■ Con-titutinn Island.” opposite West Boint, N. Y., containing 2o0 acres
■
of unland and 50 acres of meadow, as an addition to the West Point
Militarv Reservation, for use of the Military Academy, which was ten­
dered as a gift bv Mrs. Margaret Olivia Sage and Miss Anna Bartlett
Warner under date of September 4, 1908.
T heodore R o osevelt.

M r. F R Y E submitted an amendment intended to be proposed
T h e W h i t e H o u s e . J a n u a r y 8, 1909.
py him to the omnibus claims bill, which was referred to the
R PO T O PRESIDENT’S HOM COM ISSION.
E R F
ES
M
M)mmittee on Claims and ordered to be printed.
, Mr. P i l e s submitted an amendment Intended to be proposed
The V IC E -P R E S ID E N T laid before the Senate the following
g him to the omnibus claims bill, which was referred to the I message from the President of the United States (S. Doc. No.
mimiittee on Claims and ordered to be printed.
I 64 0), which was read and, with the accompanying papers, re­
Ml McENERY submitted an amendment intended to be pro- ferred to the Committee on the District of Columbia:
. ’M ,1 by him to the omnibus claims bill, which was ordered to
T o th e S en a te and H o u se o f R e p r e s e n ta tiv e s:
<v iuinted and, with the accompanying paper, referred to the
I transmit herewith reports bv the President’s nomes Commission
^ m i i t t e e on Claims.
lipr° ,emo«
SteiS* honjis and dlmtoatkm of msjm4™ a»d
M r T E L L E R submitted two a m e n d m e n t s intended t o be p r o »'!« & o ° f S“ C S f o o m m l s W o l , and
d
to V ^ by him to the omnibus claims bill, which were ordered a,k ilia, tiro receive the oarefnl considenmon
e on the table uml be printed.

AM
ENDM
ENT T PO
O STAL SAVINGS BANKS RILL.

T h e W h it e H o u se , J a n u a r y 8, 1909.

G S SUPPLY IN THE DISTRICT O CO
A
F LUM
BIA.

J rr; FULTON submitted an amendment intended to be proL . ,,M by hIm to the bill (S. 6484) to establish postal Einings The V IC E -P R E SID E N T laid before the Senate the following
|
the
for depositing savings at interest with the security or message from the President of the United States (S. Doc. No.
Whi,;°Voril,^ > t
repayment thereof, ami for other pm looses, (;jl ) ^yhich was read and, with the accompanying papers, re­
ferred to the Committee on the District of Columbia:
1 was ordered to lie on the table and be printed.
IMPROVEMENT OF SAN FRANCISCO BAY, CALIFORNIA.

tif ^ P E R K I N S submitted the following concurrent resolu*
Cf , * ff> C. Res. 63), which was referred to the Committee ou

munerce:

Iblf

BUPv
Puli

(h e

S en a te

(th e

H ou se

of

R e p r e se n ta tiv e s

Secretary „f \yar be, and lie is hereby, directed to cause a
he made of me Imr or sun rraueiscv Bay, in the State oi
uuuie or the our of Sim Francisco
■■
■

rnlia> to

contlrtu the depths shown on the charts of the uoasi




T o th e S en a te an d H o u se o f R e p r e s e n ta tiv e s:

t transmit herewith for the consideration of the Congress a letter
from the Utornev-Gcneral and accompanying papers, and calI par,L,o«r attention to the copv of the communication of United States
v ornev Baker under date of January 5. .The situation m reference
io t h e imposition of illuminating gas furnished in the District of Co­
lumbia is one that would seem to require immediate action,
is
lumuiti
THEODORE ROOSEVELT.
T he W

h it e

H o u se , J a n u a r y 7, 1909.




624

CONGRESSIONAL RECORD— SENATE.
TENNESSEE COAL AND IRON COMPANY.

The VICE-PRESIDENT. The morning business is closed.
Mr. CULBERSON. I call up the resolution that went over
under objection yesterday.
The VICE-PRESIDENT. The Chair lays before the Senate a
resolution coming over from yesterday, which will be read.
The Secretary read Senate resolution No. 243, submitted yes­
terday by Mr. Culberson, as follows:

That the Committee on the Judiciary be, and it is hereby,
directed to report to the Senate, as early as may be practicable, whether,
in the opinion of the committee, the President, was authorized to permit
the absorption of the Tennessee Coal and Iron Company by the t nited
States Steel Corporation, as is shown by the message of the President
in response to Senate resolution No. 240, this session.
1t e s o lv e d ,

The VICE-PRESIDENT. The question is, Shall the resolu­
tion pass?
Mr. HOPKINS. Mr. President, upon looking over the resolu­
tion, I confess that I fail to see any reason for its adoption by
the Senate or in sending it to the committee. The letter of the
President, accompanying his message, covers the matter fully,
and the resolution states something that is at variance with the
letter of the President. The resolution requests an opinion from
the Committee on the Judiciary as to whether the President
was authorized to permit the absorption of the Tennessee Coal
and Iron Company. The letter of the President denies that he
permitted any such thing. In his letter he says in reference to
that:

I answered that while, of course, I could not advise them to take the
action proposed, I felt it no duty of mine to interpose any objection.
The President was entirely noncommittal on that. It seems
to me that no information or good can come from the adoption
of this resolution. I therefore move to lay it on the table.
Mr. CULBERSON. On that motion I ask for the yeas and
nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. CLARK of Wyoming (when his name was called). I
have a general pair with the Senator from Missouri [Mr.
Stone], As he is not in the Chamber, I withhold my vote.
Mr. MARTIN (when his name was called). I have a general
pair with the senior Senator from Illinois [Mr. Cullom], In
his absence, I withhold my vote. I should vote “ nay,” if he
were present.
The roll call was concluded.
Mr. CLARK of Wyoming. As I stated. I have a general pair
with the Senator from Missouri [Mr. Stone], but I transfer
that pair to the senior Senator from Indiana [Mr. B fvkripuk],
and will vote. I vote “ nay.”
Mr. DANIEL. I have a general pair with the Senator from
North Dakota [Mr. H ansbkough ], and therefore withhold my
vote. If he were present, I should vote “ nay.”

Burkett
Carter
Cummins
Curtis
Aldrich
Bacon
Bankhead
Borah
Bulkeley
Burnham
Burrows
Clapp
Clark,W
yo.
Clay
Culberson
Dick
Ankeny
Bailey
Beveridge
Bourne
Brandegee
Briggs
Brown
Clarke, A
rk.
So

is announced—yeas 14, nays 47 ; as follows:
YEAS—14.
Depew
Kean
Richardson
Dixon
M -um
cC ber
W
arner
du Pont
Penrose
Ilopkins
Piatt
NAYS—47.
Dillingham
Long
Ilayner
Foraker
M
cCreary
Scott
Frazier
M
cEnery
Simmons
Frye
M
cLaurin
Smith, .M.
d
Fulton
M
oney
Stephenson
Nelson
Gam
ble
Sutherland
(Jury
Newlands
Taliaferro
Overman
G
ore
Taylor
Page
Teller
Hale
Johnston
Paynter
W
arren
Perkins
Kittredge
W
etmore
Lodge
Piles
NOT VOTING—31.
Crane
Gailinger
Milton
Cullom
Guggenheim
Nixon
Daniel
Owen
Hansbrough
Davis
Hemenway
smith; M
ich.
Doiliver
Heyburn
Smoot
Elkins
Knox
Stone
Flint
La Follette
Tillman
Foster
Martin

Mr, H opkins ’ s motion to lay Mr. C ulberson’ s resolut

on the table w as not agreed to.
the 4 ICE-PRESIDENT, The question recurs on the pus<
ot the resolution of the Senator from Texas.
Mr. CLAPP. Not having been in the Chamber when the r
<
lution was road, I should like to hear it read.
' U E-PRESIDENT. The resolution submitted by
Senator from Texas will be read.

JAXI'AET 8,

The Secretary read the resolution submitted by Mr. C ulber­
on yesterday, as follows:

son

Resolved, That the Committee on the Judiciary be, and it is hereby,
directed to report to the Senate, as early as may be practicable, whether,
in the opinion of the committee, the President was authorized to permit
the absorption of the Tennessee Coal aud Iron Company by the United
States Steel Corporation, as is shown by the message of the President
in response to Senate resolution No. 240. this session.

The VICE-PRESIDENT. The question is on the adoption of
the resolution.
The resolution was agreed to.

TH
IRTEENTH

AND

SU
BSEQ EN
U T

CENSUSES.

The VICE-PRESIDENT. The calendar under Rule VIH is
in order.
Mr. LONG. I ask unanimous consent for the present con­
sideration of House bill 10054.
The VICE-PRESIDENT. The Senator from Kansas asks
unanimous consent for the present consideration of the bill
j named by him, the title of which will be stated.
: The S ecretary. A bill (H. R. 16954) to provide for the tak­
j ing of the Thirteenth and subsequent decennial censuses.
j The VICE-PRESIDENT. Is there objection to the request?
j Mr, CLARK of Wyoming. Mr. President, I have no objection
|to the consideration of the bill, but the Senator from Kansas
j will remember that the bill upon the calendar immediately pre­
ceding this has been read and fully discussed, and it occurs to
j me that that bill should be disposed of.
Mr. LONG. I asked for unanimous consent to take up the
bill I have named. We were not upon the calendar.
j
Mr. CLARK of Wyoming. I want to call the attention of the
j
Senator to the fact that I am not objecting to the census hillhut I think I shall object to considering any bill by unanimous
consent, after this important bill is out of the way, until the
bill which, as I have indicated, has already been' considered
shall be acted upon.
The VICE-PRESIDENT. Is there objection to the present
consideration of the bill asked for by the Senator fron'
Kansas?
Mr. LONG. I did not understand that the Senator from Wyo­
ming objected.
i Mr. CLARK of Wyoming. I did not object.
Mr. CLAY. Mr. President, what is the bill for which the
Senator from Kansas asks consideration? is it the census binThe VICE-PRESIDENT. It is the census bill.
Mr. TELLER. Let the bill be read for information.
The VICE-PRESIDENT. The bill will be read for the in­
formation of the Senate.
Mr. LONG. I ask unanimous consent that the formal read­
ing of the bill be dispensed with; that it be read for ainem
meat, the committee amendments to be first acted upon.
The VICE-PRESIDENT. The Senator from K ansas
unanimous consent that the form al reading o f the bill be « l '
pensed with; th at it be read for am endm ent, the commit
amendments to be first considered.
Mr. TELLER. I do not wish to object to that: but I think t
orderly method is, when a bill comes up under Rule VIII, to
it read for the information of the Senate, and after it is rea
is tlie proper time to object to its consideration, unless Senator
set* fit to object before. If this bill is to be read in that
’
subject to objection, I think that is perfectly proper— not t-t.
I expect to object to it, but I want to proceed in an order.
manner.
.
The VICE-PRESIDENT. Without objection, the formal read­
ing of the bill will be dispensed with, the bill will be ren O _
I1
amendment, and the committee amendments will be first/ ttie
sidered. The bill will be considered ns in Committee of
Whole, subject to objection.
. ^
The Secretary proceeded to read the bill, which had been
ported from the Committee on the Census with amendment •
The first amendment was, in section 3, page 2, line b* :l
the word “ statistician,” to insert “ a geographer;” an 1 r 1 '
17, after the word “ President,” to insert "b y and wit-1 ^
advice and consent of the Senate,” so as to make the st
rend:
. I M»’ S

Si:c.
That after June 30, 1 9 0 0 . and during the d e c e n n ia l
period o n ly , there may be e m p lo y e d In the Census Office. In ?
Bfr
to the force provided for bv the act of March 0, ID L entitled ■
O’,
„
to p ro v id e for a permanent Census O
ffice." an a s s is ta n t direct' . c ^ e f
shall lie an experienced practical statistician : a geographer, “ ^
statistician, who shall be a person of known and tried esperu*
statistical work, an appointment clerk, a private s e c r e ta r y to
rector, 2 stenographers, nnd Kexpert chiefs of d iv isio n . T h e se .
with the exception of the assistant director, shall Is* a p p o in te d "
fl,
examination by the Secretary of Commerce and Labor upon the

CONGRESSIONAL RECORD— SENATE.

1909.

persons at a certain time, but I understand it makes tliem all
eligible for transfer.
Mr. BACON. It makes them all eligible for transfer?
Mr. LODGE. Yes.
Mr. BACON. Into the regular civil service?
Mr. LODGE. Y e s ; as I understand it.
Mr. LONG. N o ; only those who have had service in other
departments in the classified service. It applies only to those
who have been transferred from other departments.
The VIC E -P R E SID E N T. Does the Senator from Kansas
yield to the Senator from Montana?
Mr. LONG. Certainly.
Mr. D IX O N . I should like to ask a question for information.
Under the proposed "bill, as reported by the committee, will the
Civil Service Commission hold examinations in the different
States, to be thrown open to everyone?
Mr. LONG. That is my undertanding of the provisions of
the bill.
Mr. D IX O N . Then it depends upon the Representative and
Senator to designate from the list of those who have passed?
Mr. LONG. It depends on the director.
Mr. D IX O N . In other words, that is side stepping.
Mr. LONG. The Director of the Census makes the appoint­
ment from the eligible list.
Mr. D IX O N . From those who have passed at 75 and above?
Mr. LONG. On the examination which lie has prescribed
and which the Civil Service Commission has conducted.
Mr. D IX O N . So every person in a State can take the ex­
amination held by the Civil Service Commission?
Mr. LONG. Certainly.
Mr. D O LLIV E R . Is it dealing in good faith with the public
to say that everyone is eligible to take the examination when,
n point of fact, only those are to be selected who are agreeable
0 certain Congressmen?
,• LONG. Only those will be selected whom the Director of
l*' ( ensus finds competent and selects.
J*r- D IX O N . Mr. President------Hie V IC E -P R E SID E N T. Does the Senator from Kansas
•DoRl further to the Senator from Montana?
\[v- LONG. W ith pleasure.
like _______________
fro lr- D IXO N . I should l i k e to remark that wdiile some o f us
'
if t]1 tll<? Lar W est have very little in the shape of patronage,
Wno
contemplates an invitation to every man and every
0n t»an ’n !ny
to take the examination and get 100 people
at(i; le„ eUgible list and then throw on Representatives and Sen,s. jLe responsibility of taking four or five from the hundred
tho i .tes’ 1 think we would be far better off to put it under
-C ivil service straight,
.'sponsibility is on the Director of the
CenIsuSL 0 N G * The resp(
H r- CLARK of Wyoming. Mr. President------ vioii
V IC E -P R E SID E N T .
Does the Senator from Kansas
wd te the Senator from Wyoming?
Mr"
Certainly.
*
ur- C LARK of Wyoming. The chairman of the committee, in
exn
to a Question from the Senator from Montana, said the
M , nati°ns were to be conducted in the various States. I
n
ti <T<s
od that to be his reply. W hat portion of the bill does
Urni, nat°r refer to in making that statement? The portion
du! t r conshlerntion simply says the examination shall be conw " (l under the direction of the Civil Service Commission,
g ' v LONG. That is true. It was inserted because the Civil
;
the' t? Commission lias the machinery extending throughout
G
Dp. Afferent States for m______ n g ___ examinations and the
conducting the
---------- ' ‘‘tor of iho Census has no such machinery.
MrLARK of
dnr f i C LAR K o f Wyoming. The examination is to be conof ti
in the various States, if that plan suits the convenience
hCivil Service Commission: otherwise it will be conducted

at the office?
*ur. LONG. Y es; if it is prescribed by the Director of the
ui.stic* hut there is . . . . . doubt that x . _«ii t lieltl throughout
. little . , „
j
it will
country at large.
* * LTON. Mr. President------yieii
* iv.ivi-'urjsiijiuiNT. Does the Sena
v. ,Ve VICE-PRESIDENT. uoes m e Senator from Kansas
> te the Senator from Oregon?
\\r-LOXCl. Certainly.
ant ' CL LTON. There is a question I should like to have
iswered. i understand that under the provisions o f the bill as
h teed by the committee the tenure of office of those who shall
.
ap p o in te d to this service will c e a se at a fixed tim e; how will
bp ‘ ! f
amendment of the Senator from Massachusetts shall
. . ,u'opted placing certain persons within the civil service
i oper? Their tenure of office then would not cease under this
c*
would depend entirely upon the general civil-service law,
X L I I I -------41




(141

Would they not go on the eligible list, and would they not be
entitled to a transfer?
Mr. LONG. The question would be as to whether the general
civil-service law would obtain or whether this provision would
control.
Mr. FULTON. I understand that where one has entered the
civil service and received an assignment and for any reason his
service terminates, not because o f incompetency, but if the posi­
tion is abolished, for instance, he is qualified for a transfer to
any other place.
Mr. LONG. Eligible to appointment inside of a year.
Mr. FU LTO N. I f we place this under the civil service, as
proposed by the Senator from Massachusetts, will not that be
the position occupied by all those persons so placed under the
civil service? W ill they not be eligible to appointment and
transfer?
Mr. CLAPP. Mr. President------The V IC E-PR E SID EN T. Does the Senator from Kansas
yield to the Senator from Minnesota?
Mr. LONG. Certainly.
Mr. CLAPP. I f I understood the Senator's inquiry, striking
out the word “ n o n ” would not affect the subsequent provision,
which terminates the office. The work is to terminate on the tak­
ing of the census, and they would go out just the same as though
they were selected under the plan provided for in the bill.
Mr. LONG. That is the provision of the bill. The question
is whether it would control or whether the general law relating
to the civil service would control.
Mr. CLAPP. This does not place them directly under any
general law. It simply says that they shall be selected upon
a competitive examination.
Mr. FU LTO N. Suppose tbe amendment of the Senator from
Massachusetts be adopted, what will be the difference?
Mr. CLAPP. There will not be any difference.
Air. FU LTO N. The men hold their relation to the civil serv­
ice and get their rating. W ill their position be tbe same then as
the others who are provided for under the bill as it is?
Air. CLAPP. A s to striking out the word “ non,” I think, if
the Senator will take the bill and examine it, he will be satis­
fied that it would not change or affect the tenure of office; and
that is what the Senator is getting at.
Mr. FULTON. It is not. I want to understand what would
be the effect of the amendment proposed by tbe Senator from
Massachusetts on the status of the people embraced within the
terms of the proposed amendment at the conclusion of this
particular service.
Mr. CLAPP. That relates to the tenure. It would termi­
nate at the end o f the service, under the provisions o f page 5
o f the bill.
Air. W A R N E R . Air. President------The V IC E-PR E SID EN T. Does the Senator from Kansas
yield to the Senator from Missouri?
Air. LONG. Certainly.
Mr. W A R N E R . I wish to understand the amendment of the
Senator from Alassachusetts. I understand that if the amend­
ment of the Senator from Massachusetts is adopted, it is true
that the tenure of office will cease at the time mentioned, but
would not the parties who had passed the civil-service examina­
tion still remain in the classified service?
Mr. LODGE. N o ; the Senator is entirely mistaken.
Air. CLAPP. They are not placed in the classified service
under the bill.
Air. W A R N E R * I know they are not placed there expressly
by the terms of the bill.
* Air. LODGE. They go back to the eligible list.
Air. W A R N E R . The very fact that they take the civil-service
examination under the law makes them eligible for appoint­
ment.
Air. LODGE. I f they pass the civil-service examination and
go on the eligible list, of course they return to the eligible list.
Air. W A R N E R . They can not be appointed unless they are
on the eligible list?
Air. LODGE. Certainly not.
Air. W A R N E R . And they are not taken off?
Air. LODGE. The object of the bill ns it stands is to get
people appointed who are not on the eligible list.
Mr. W A R N E R . The object of the amendment of the Senator
from Massachusetts is to get men appointed who are on the
eligible list.
Mr. LODGE. W ho are or will be there.
Air. W A R N E R . Who will be there.
Air. LODGE. I do not know what special eligible list it will
be, but it will be a list of men who passed the regular civilservice examination.




642

CONGRESSIONAL RECORD— SENATE.

Mr. WARNER. The suggestion, to my mind, is that when
they are upon the eligible list the tenure of their employment
terminates at the end of three years and they will remain on th<
eligible list for one year thereafter, eligible to appointment,
can see no other construction.
/
Mr. LODGE. Undoubtedly.
Mr. LONG. I ask for a vote.
j
f f
Mr. CLAPP. Mr. President, just a moment. I tli/dcthe Sen­
ator from Massachusetts is mistaken, because here is'the express
provision at the end of the section:

And such officers and employees shall not therea r be eligible to appointment or transfer into the classified service o he Government hy
virtue of their examination or appointment and
s act./ ’ yf.
Mr. LODGE. I think the S en ators r^ht.
r
Mr. CLAPP. There can not be aAV'Vuestio abopt that.
stion is on agreeing to the
The VICE-PRESIDENT. Th
Or from Massachusetts. Upon
amendment proposed
Massachusetts demands the yeas
that question the Se:
and nays.
4
1
The yeas and naystMbfe ordered.
Mr. TELLER. Let the amendment be rdad.
The Se c r e t a r y . On page 4, line ’19, after the word
p l o y e e s a t the end bf the lidw insert “ except messengers, assistaift' «ufepngers,\jm aeMgei- boys, unskilled laborers, and
ckarwon^Hi; ” and in li is BO and 21, strike out the word “ noncompfctmve” and inse: A h e word “ competitive,” so that as
amended it will read:

That the additional clerks and other employees, except messengers,
assistant messengers, messenger boys, watchmen, unskilled laborers,
and charwomen, provided for in section 6 shall be subject to such
\ competitive examination as the Director of the Census may prescribe,
\lhe said examination to he conducted by the United States Civil Serv­
ice Commission.
The VICE-PRESIDENT. The Secretary will call the roll
on agreeing to the amendment of the Senator from Massachusetts.
The Secretary proceeded to call the roll.
Mr. PILES (when Mr. A n k e n y ’ s name was called). I wish
to announce the absence of my colleague [Mr. A n k e n y ] on
aecount of illness at his home in the State of Washington.
Mr. CLARK of Wyoming (when his name was called). I
have a general pair with the senior Senator from Missouri [Mr.
S tone ]. I transfer that pair to the senior Senator from In­
diana [Mr. B everidge] and vote. I vote “ nay.”
Mr. DANIEL (when his name was called). I have a general
pair with the Senator from North Dakota [Mr. Hansbbougii],
and for that reason I do not vote. I would vote “ nay if be
were here.
Mr. DILLINGHAM (when his name was called). I have a
general pair with the senior Senator from South Carolina [Mr.
T il l m a n ], who is absent For that reason I withhold my vote.
Mr. FULTON (when his name was called). I have a general
pair with the junior Senator from Arkansas [Mr. D a v is ], who
is absent. I transfer my pair to my colleague [Mr. B ourne ],
who is also absent, and I vote “ nay.”
Mr. SCOTT (when his name was called). I have a geueral
pair with the senior Senator from Florida [Mr. T allvfekro],
As he is not in the Senate, I withhold my vote.
Mr. W ARREN (when his name was called). I am paired
with the senior Senator from Mississippi [Mr. M oney ], I will
transfer that pair to the Senator from Colorado [Mr. G uggen­
h e im ] and vote.
I vote “ nay.”
The roll call was concluded.
Mr. SCOTT. I understand that if the senior Senator from
Florida [Mr. T a l ia f e r r o ] were here, he would vote “ nay.”
As I would vote “ nay,” I will take the liberty of voting iu his
absence. I vote “ nay.”
Mr. DILLINGHAM. I transfer my pair with the senior Sen­
ator from South Carolina [Mr. Tillman] to the senior Senator
from New Hampshire [Mr. G
allingeb], who is absent, and I
vote “ yea.”
Mr. DANIEL. I transfer my pair with the Senator from
North D akota [Mr. H anserougii ] to the Senator from Arkansas
[Mr. Clarke], and I vote “ nay.”
The result was announced— yeas IS, nays 32, as follows:
YEAS— 15.

P ,a
.roY
Burkett
Clapp
Clay
Aldrich
Bacon
Burnham
Clark, W
yo.
Cullom
Cummins
Curtis
Daniel

Crane
H pew
e
Dillingham
Dixon

Dolliver
du Pont
Kean
Lodge
NAYS—32.
Foster
Klttredge
Long
Frye
Fulton
M
cCum
ber
Gamble
M
oEnery
Gary
M
ilton
Hale
Nelson
Hemenway
Overman
Hopkins
Perkins

Newlands
Ilayner
Ilichardson
Plies
Scott
Simmons
Stephenson
Sutherland
Teller
W
arner
W
arren

khead
.veridge
1 Borah
Bdtyrne »<v

IpF**
Clarke, Ark.

NOT VOTING—45.
C jerson
uW
Johnston
Knox
i/Wck
La Follette
r Elkins
M
cCreary
Flint
McLaurin
Foraker
Martin
Frazier
Money
Gallinger
Nixon
Gore
^
Owen
Guggenheim
Pagr’
Ilausbrough
Paynter
Heyburn
Penrose
lym s

J anuary 8,
Platt
Smith, M
d.
Smith, M
ich.
Smoot
Stone
Taliaferro
Taylor
Tillman
Wetmore

So Mr. L odge’s amendment was rejected.
Mr. BURKETT. I offer an amendment, on page 6, line S,
after the word “ navy,” which I send to the desk.
The VICE-PRESIDENT. The amendment proposed by the
Senator from Nebraska will be stated.
The Secsetary. In section 8, page 6, line 8, after the word
“ navy,” it is proposed to insert “ and if under IS years of age,
whether ruptured, crippled, or deformed,” so as to read:

The schedules relating to population shall include for each inhabitant
the name, relationship to head of family, color, sex, age, conjugal con­
dition, place of birth, place of birth of parents, number of years in
the United States, citizenship, occupation, whether or not employer or
employee, school attendance, literacy, and tenure of home and whether
or not a survivor of the Union or Confederate Army or Navy; and u
under eighteen years of age, whether ruptured, crippled, or deformed ;
etc.
The VICE-PRESIDENT. The question is on agreeing to the
amendment proposed by the Senator from Nebraska.
Tbe amendment was agreed to.
The bill was reported to tbe Senate as amended, and tbe
amendments were concurred in.
The amendments were ordered to be engrossed and the bib
to be read a third time.
The bill was read the third time and passed.

E E U IV SESSIO
XCT E
N.
Mr. LODGE. I move that the Senate proceed to the con­
sideration of executive business.
The motion was agreed to; and the Senate proceeded to the
consideration of executive business. After seven minutes spent
in executive session the doors were reopened, and (at 5 o’clock
and 27 minutes p. m.) tbe Senate adjourned until to-morrow,
Saturday, January 9,1909, at 12 o’clock meridian.
NOMINATIONS.
Executive nominations received by the Senate January S, 1909*

Appraiser of Merchandise.
John D. Pringle, of Pennsylvania, to be appraiser of merebandise in the district of Pittsburg, in the State of Pennsylvania,
place of Fred W . Edwards, resigned.
Receivers of Public Moneys.
Robert H. Sims, of New Mexico, to be receiver of Pu ‘
moneys at Las Cruces, N. Mex., vice Henry D. Bowman,
1 wlfliam M. Enright, of Billing*, Mont., to be receiver of PubI,c
moneys at Billings, Mont., vice Chauncey C. Bever, resigneu.
Consul-General.
^
William II. Robertson, of Virginia, now consul of claw
®
Gothenburg, to be consul-general of the United States o i l - ’
at Tangier, Morocco, vice Hoffman Philip, promoted to no
ister resident and consul-general to Abyssinia.

Consuls.

^

.Tames W . Johnson, of New York, now consul of class 9
Puerto Cabello, to be consul of the United States of cku ‘
Corinto, Nicaragua, to fill an original vacancy.
r t nfli
Herbert It. Wright, of Iowa, lately consul of class 9 a*■
to be consul of the United States of class 9 at I>u” rt'*
_uj 0f
Venezuela, vice James W. Johnson, nominated to be
’
class 7 at Corinto.
Secretary of Legation.
j
,
Fred Morris Hearing, of Missouri, now second
the
e legation at Peking, to be secretary of the legauon
lited States at Habana, Cuba, vice Charles S. « 6 s011’ 1

Secretaries of Embassies.

tbe

W’illiam K. Wallace, of Colorado, to be third
r elanH
embassy of the United States at Tokyo, Japan,
at
Harrison, nominated to be second secretary of the egi
Peking.
x
€m
*
Leland Harrison, of Illinois, now third secretary
tpe
bassy at Tokyo, to be second secretary of the legation
j.
United States at Peking. China, vice F m l Morris Hearing,
nated to be secretary of tbe legation at Habana.

CONGRESSIONAL RECORD— SENATE.

1909.

survey and estimates to be made for a project of straightening and
improvement of the Big Sioux River, in the State of South Dakota,
and report same to the Congress.
COUNTING O E E T R L V T S.
F LCOA OE
Mr. B U R R O W S, from the Committee on Privileges and Elec­
tions, to whom was referred Senate concurrent resolution No.
57, reported it without amendment, and it was considered by
Unanimous consent and agreed to, as fo llow s:

„ R e s o l v e d b y t h e S e n a t e (t h e H o u s e o f R e p r e s e n t a t i v e s c o n c u r r i n g ) .
That the two Houses of Congress shall assemble in the Hall of tne
H ouse of Representatives on 'Wednesday, the 10th day of February,
W O at 1 oxlock in the afternoon, pursuant to the requirements or
O,
[he Constitution and laws relating to the election of President and
>ice-President of the United States, and the President o f the Sen­
ate shall be their presiding officer; that two tellers shall be previously
appointed on the part of the Senate and two on the part of the House
of Representatives, to whom shall be handed, as they are opened by the
President of the Senate, all the certificates and papers purporting to be
certificates of the electoral votes, which certificates and papers shall
be opened, presented, and acted upon in the alphabetical order of the
States, beginning with the letter A, and said tellers, having then read
fP* same In the presence and hearing of the two Houses, shall make a
I'st of the votes as they shall appear from the said certificates; and
the votes having been ascertained and counted in the manner accord­
ing to the rules by law provided, the result of the same shall be de­
livered to the President of the Senate, who shall thereupon announce
the state of the vote, which announcement shall be deemed sufficient
declaration of the persons, if any, elected President and Vice-President
bf the United States, and, together with a list of the votes, be entered
B J M Journals of the two Houses.
O G BO R IN SC O L, O LAH M
SA E A D G H O K O A.
Mr. O W EN . I am directed by the Committee on In dian
Affairs, to whom was referred the joint resolution (S. R. I l l )
authorizing the rebuilding of the dormitory at Osage Boarding
school, Oklahoma, recently destroyed by fire, to report it favor­
ably without amendment, and I submit a report (N o. 755)
thereon. I ask for the present consideration of the joint reso­
lution.
1 lie Secretary read the joint resolution, and there being no
objection, the Senate, as in Committee of the Whole, proceeded
0 its consideration. It directs the Secretary o f the Interior to
expend, out of any money in the United States Treasury belongn£ to the Osage tribe of Indians, $14,000 for the rebuilding and
f o m e n t of the boys’ dormitory at the Osage Boarding School,
kmhoma, recently destroyed by fire.
-the joint resolution was reported to the Senate without
wendment, ordered to be engrossed for a third reading, rej
e third time, and passed.

LEG
ISLATIVE, ETC., APPRO
PRIATIO BILL,
N
I am directed by the Committee on. Appro­
priations, to whom was referred the bill (II. R. 23464) making
appropriations for the legislative, executive, and judicial exof tho Government for the fiscal year ending June 30,
W10, and for other purposes, to report it with amendments,
I submit a report (No. 759) thereon. I desire to give notice
that to-morrow early in the day I will ask the Senate to take
the bill for consideration.
The V IC E -P R E SID E N T . The bill will be placed on the cal­
endar,
CULLOM .

AFFAIRS IN THE T R R
ER ITO IES.
B E V E R ID G E , from the Committee on Territories, to
whom was referred the action of the House o f Representatives
V1 the bill (i i . p . 21957) relating to affairs in the Territories,
®°ved that the Senate insist upon its amendments, agree to the
JJhierence asked for by the House, and that the conferees on
,r butt of the Senate be appointed by tlie Chair.
- I he motion was agreed to ; aud the Vice-President appointed
a ir* B everidge , Mr, N elson , and Mr. C l a rk e of Arkansas.

the maps and in the report. The commission have found that
there is a great deal of property in the District of Columbia
occupied by people who apparently have no title, and a great
deal of it where the title is under a cloud. The bills provide
for an appropriation to make further investigations as to the
title the Government has in a large amount of property in the
District of Columbia.
In this connection I wish to state what probably all Senators
know, that where the general wholesale and city markets are
now situated, between Seventh and Ninth streets, the lands be­
long to the Government. The expenditure of a few thousand
dollars would purchase all these temporary structures and free
this site for public buildings; for I take it there is no intention
o f permitting such a valuable site to be long used for such
purposes.
*
W e also find, when trying to condemn property for the use of
the Government, that the prices put on by the agents and the
owners themselves are exorbitant as compared with the amount
of taxes they are paying on such property. I wish to give
notice that at some future day I shall introduce a bill under
which we will try to compel people who think they have such
valuable property when it becomes necessary for the Govern­
ment to have it to pay at least a fair proportion of the taxes
of the District of Columbia. I submit with the report the charts
and maps, and ask that they be printer (S. Doc. No. 653) and
referred, with the report and bills, to the Committee on Appro­
priations.
The bill (S . 8449) to repeal acts heretofore passed relating
to alienation of the title of the United States to land in the
District o f Columbia, and for other purposes, was read twice by
its title and referred to the Committee on Appropriations.
The bill (S. 8450) to provide for ascertaining the interest or
itle o f the United States in any land or water rights in the
Mstrict of Columbia, was read twice by its title and referred
o the Committee on Appropriations.

• .

. . . -• i

PERSO
NAL EXPLANATION—O E O LANDS.
RGN
Mr. T IL L M A N . Mr. President, it is not at all pleasant to me
o feel It necessary or desirable that I should obtrude my pernality and things connected therewith, both official and as a
an, upon the attention of this body. I have enough notoriety
already, and I am not anxious to advertise myself. But the
Senate knows the provocation under which I lie, and I trust
will bear with me.
Yesterday, in the newspapers o f this city— and probably some
kind of a synopsis of it was sent off by the press association—
there appeared a statement from the Attorney-General contro­
verting in some particulars, or attempting to controvert, the
speech which I made here last Monday.
• In order that the Record may be kept entirely full, that there
may be no omission, I send to the desk and ask to have read
the' official copy which came to me this morning from the A t­
torney-General’s office. In other words, I telephoned up there
to see that there was no mistake, and was sent what I send to
the desk.
The V IC E -P R E SID E N T. W ithout objection, the Secretary
will read as requested.
The Secretary read as follow s:
J anuary

12, 1909.

There are two passages in the remarks of Senator T i l l m a n , published
in today’s C o n g r e s s io n a l R ecord , which demand notice from me.
He says ( R e c o r d , p. 734) :
“ It might be well to inquire whether or not the Attorney-General
has been ordered not to obey the law of Congress passed last April-—
which I will call the ‘ Tillman-Bonaparfce law ’—ordering suit to be
instituted for the recovery of these lands. M culpability Is of such
y
enormity and magnitude in contemplating the purchase of 1,440 acres
of land at $2.50 an acre in the eyes of this stickler for official rectitude
in others that it may he found that he is determined to block my soLANDS IN THE DISTRICT O C LUM
F O BIA.
called ‘ nefarious transactions.’
.
“ The man who announces to Congress that ho, Theodore Roosevelt,
Mr. SCOTT. Mr. President, in the act of May 30, 190S, to in; rpase the limit of cost of certain public buildings, to authorize a s s u m e d the right to permit the Steel Trust to absorb its greatest rival
contrary to law would doubtless not hesitate to help his dear friend,
Jho enlargement, extension, remodeling, or improvement of cer- Ilarrimkn, in holding 2,000,000 acres of the public domain, simply
T
Mn public buildings, to authorize the erection and completion because Ben T il l m a n has contemplated and wanted to buy 1,440 acres.”
On September 4, 1908, suit was brought by the United States of
miblic buildings, to authorize the purchase of sites for public
\nierica in the circuit court O the United States for the district of
f
buildings, and for other purposes, a commission was created, Oregon against the Oregon and California Railroad Company; tho
under section 26, consisting of the Secretary of W ar, the Attor­ Southern Pacific Company; the Union Trust Company, individually and
ney-General, the president of the Board of Commissioners of the as trustee; Stephen T. Gage, individually and as trustee; and a large
number of individual defendants. The purpose of this suit is, in sub­
District of Columbia, the chairman of the Committee on Public stance, to declare and enforce a forfeiture of the public lands claimed
"Wildings and Grounds of the United States Senate, and the bv the railroads under M Harriman’s control by virtue of the original
r.
chairman o f the Committee on Public Buildings and Grounds of grant to the Oregon and California Railroad, It has boon brought iff
accordance with the directions of the joint resolution to which Sena­
! lie United States House of Representatives for the purpose of tor T il l m a n refers; was instituted as soon as practicable after the
investigating the title of the United States in and to all lands in passage of tho said resolution, and the fact of its institution has been
published and could have been verified by anyone, through Inquiry at
the District o f Columbia.
this department, for more than four months.
I have before me, Mr. President, maps, charts, and a report
Senator T il l m a n 6ays in another part of his speech [Record.
Df that commission, and I report two bills, to be sent to the p. 732]:
•*Id my conversation with the Attorney-General in regard to the
Committee on Appropriations. I ask that the maps and charts
resolution which I introduced, and which he himself prepared after we
printed as a part o f the report,
had talked over the whole land situation, I distinctly remember tellin"
I think not only the members of the Seuate, but all the citi­ him that my interest in the matter had been first aroused by my desire
zens of the District of Columbia, will be greatly interested in to purchase some of the timber land, and that my coming to liim was




i

;

9

i.

It ■■ 1

■ r
»




888

CONGRESSIONAL RECORD— SENATE

due to the' fact that I discovered upon Investigation that I could not
buy it through any agency whatsoever; that I could not buy it even
by a lawsuit, because I was advised by very able lawyers in the W
est,
among them the Hon. George Turner, of Washington, that in attacking
the holders of those land grants no one would have any standing in
court except the grantor, the Government itself.”
Senator T il l m a n called upon me at the Department o f Justice a few
days before the introduction by him of the resolution which I see by
the R ecord he presented to the Senate on January 31, 1908. O
ur
interview occurred, therefore, a little less than three weeks before his
letter of February 15 to Messrs. Reeder & Watkins, in which he re­
quested them “ to hold in reserve ” for him “ eight of the best quarter
sections,” and probably a little more than three weeks before his state­
ment in the Senate that he had not “ bought any land anywhere in the
West or undertaken to buy any.” He told me he wished information
as to the status of the lands embraced in these Oregon grants, because
he had heard so much complaint about the conduct of the corporations
claiming them during his recent journey through the States of the
Pacific slope. He criticised with great severity the policy of granting
the public domain to such corporations and mentioned that, on some
occasion, in discussing a proposed land grant of this character, he
had said to certain of his colleagues: “ You may as well give them wbat
they want, now; you have given them pretty much everything else.”
lie said, according to m recollection, that the lands had become of
y
great value and many persons wished to purchase them, and added that
he would have been glad to do so himself if he could; hut he never told
me a word of any connection on his part with an arrangement to ac­
quire some part of these lands, nor that he intended, expected, or even de­
sired, at that time, to make any such purchase. As stated by him, his rea­
son for making these inquiries was that he might better discharge his pub­
lic duties; and I was totally ignorant until Psaw the documents transmit­
ted by the President to Senator Hale that Senator Tillman, at the time of
his conversation with m had any private interest, whether actual or in
e,
expectation, in connection with the subject of our conversation. I gave
him a full statement of the information which had been collected by the
department as the result of a protracted investigation made by M
essrs.
Townsend and McBlair as special counsel, and which had continued
during a considerable part of the preceding year. I told him also that
we deemed it advisable to secure congressional action in the form of a
resolution empowering the Attorney-General to claim a forfeiture of these
lands; and that I felt some apprehension lest such action should he
opposed by the large interests which it would affect. Senator T il l m a n
then offered to introduce a resolution on the subject, if I would pre­
pare one; and I did prepare such a resolution, which was introduced
by him and subsequently adopted. During this interview I explained
to him that it would be impracticable to compel the corporations claim­
ing these lands to sell any particular portion of them to any particular
person; although, of course, if the Government could establish a for­
feiture of rights under the grant, the lands might become afterwards
open to entry on the same terms as any other portion of the public
domain. Of course, if it was, at the time, his purpose to secure some
part of the lands in question, through arrangements with M
essrs.
Reeder & Watkins or otherwise, this forfeiture might tend to promote
his individual interest; but I had no reason to credit him with any
such purpose, and I dealt with him throughout as asking the informa­
tion and advice I could give only that he might fulfill his duty as a
public officer,
Mr. TILLMAN. Mr. President, the document which has just
been read bears sufficient evidence to anyone who will read it
critically of careful preparation. It will also show, I think,
that the Attorney-General went out of his way to try to bolster
up and fortify the President’s accusations against me. lie
speaks of an “ arrangement; ” he did not know I had made an
arrangement-—I believe those are the words— to buy any of
these lands. The only lands to which he alludes in this docu­
ment are the railroad-grant lands held by the Southern Pacific
road, and as far as this statement concerns those lands it is abso­
lutely accurate, because I knew after the thorough investigation
I made that to purchase any of that land after the cancellation
of the patents, if that was obtained, they could only be sold to
“ actual settlers; ” and as I have never at any time contemplated
settling in Oregon, as I knew of the difficulties and troubles and
prosecutions which had come to Members of this body and
Members of the other body under accusations of obtaining lands
fraudulently— that is, by bogus entries— I had never thought for
a second of buying any of the lands granted to the railroad—
“ these lands.” The lands I wanted to purchase and about which
I telegraphed Reeder & Watkins and wrote them letters are
lands held by the Southern Oregon Company, which, as I have
already explained once, but I will explain again, is a corpora­
tion which holds about 100,000 acres of the most valuable timber
and coal lands in Oregon, granted to the State of Oregon in
1868, granted by the State of Oregon shortly afterwards under
the limitation imposed by the grant from this Government to
a construction company, and sold by that construction company
to the Southern Oregon Company, which now holds the land.
That land differs from any other land in the West that I know
of, inasmuch as the original grant and subsequent grant by the
State simply required that it should be sold to “ purchasers ” iu
quantities not exceeding 160 acres to one person, and at a price
not exceeding two dollars and a half per acre. It therefore must
not be confused with the land which is subject to the actualsettler clause or the homestead provision.
A careful and critical analysis of this paper shows that, while
the Attorney-General does not directly controvert or deny my
statement in regard to my having told him, he denies my state­
ment by implication. He would have it appear that I did not in
anywise disclose to him my purpose to buy some of this particular land. If I wfcre to take tlie time to critically analyze, I

J anuary 14,

could show that to anyone; but the gentlemen here who are in­
terested will do that for themselves, and therefore I will not
pause longer on that phase of it. Here, however, is a para­
graph to which I direct special attention. He says:
He [ T il l m a n ] said, according to my recollection, that the lands have
becom e o f great value and many persons wished to purchase them, ana

added that he would have been glad to do so himself if he could.
That applies, according to the Attorney-General's statement,
to the railroad lands, which is false. I did try, and told him so,
to buy the Southern Oregon Company’s lands— the military-road
lands. It is an issue, then, of memory as to what kind of lands
I had in mind. I will not say that it is an issue of veracity; hat
I am ready to have my word put against his in any court in
Christendom in this or any other tribunal that chooses to investigate, and let my record in the past for truthfulness and
honesty and integrity stand as against his. But that, Mr. Presi­
dent, is enough.
.
The Attorney-General quoted from my speech that part of R
which I will not repeat, for it has just been read, making i°*
quiry as to whether or not the suits ordered by the joint reso­
lution of April 30 last had been complied with, and he went on
to state that certain suits had been brought as far back as Sep­
tember 4, mentioning a large number of companies and individ­
uals, and then winding up with the statement that—

The fact of its institution has been published and could have
verified by any one through inquiry at this department for more
four months.

,

The impression which he sought to convey was that he had
complied with the law; that he had obeyed it. What is the lawI have it in my hand and I will ask to have it printed, but wi
only read one paragraph. In enumerating the various corpora­
tions which are to be sued, I find th is:

Also, “An act granting lands to the State of Oregon to aid in the con
struction of a military wagon road from the navigable waters of
Bay to Roseburg, in said Srate.”
I only read the part of it that I care to have read, sbow<n»
that the military road land was named in the law which required
the Attorney-General to bring suit.
The act referred to is as follows:

[Public resolution—No. 18.]
•
A
the Attorney-General to ins
,
R e s o l v e d , e t c ., That the Attorney-General of the United states
and he hereby is, authorized and directed to institute and prose tcu
any and all suits in equity, actions at law, and other proceedings w
he may deem adequate and appropriate to enforce any and all >» or
and remedies of the United States of America In any manner armuigrowing out of or pertaining to either or afiy of the followIng-oest^0.
acts of Congress, to wit: “An act granting lands to aid in j ,, jj,
struction of a railroad nnd telegraph line from the Central j ® A',; ‘as
c,
road in California to Portland, in Oregon,” approved J u l y ■ , ’jgo
*
amended by the acts approved June 25, 1868, and April 10.
,tnJc“An act granting lands to the State of Oregon to aid in
paJ
H of a military wagon road from the navigable waters oi e
on
at
C
to Roseburg, in said State,” approved M
arch 3, 186J; a , +A
p.-rapb
granting lands to aid iu the construction of a railroad and .e * r.
line from Portland to Astoria and McMinnville, in the State
y
gon,” approved M 4, 1870, including all rights and rem
ay
ecltes
or
manner relating to the lands, or any part thereof, granted nye
r0.
any of said acts; and in and by any nnd all such suits, actions, y ^
ceedings the Attorney-General shall, in such manner as he sua
tj,#
appropriate, assert all rights and remedies existing in rav0‘ . pfoUnited States relating to the subject of such suits, actions,
'tllC
ceedings, including the claim on behalf of the United States lthere0f,
lands granted by each of said acts, respectively, or any parr i
y
have been and are forfeited to the United States by rW
8?n _ of
breaches or violations of any of the terms or conditions or
any of said acts which may be alleged and established in amAmine
suits, actions, or proceedings; it not being intended hereby toi aewr
the right of the United States to any such forfeiture °r
by
but it being intended to fully authorize the Attorney-General in * .{eQ
such suits, actions, or proceedings to assert on behalf of tue c
States and the court or courts before which such suits, actions,
ceedings may be instituted or pending to entertain, consider, ana J or
cate the claim and right of the United States to such t o n e w '
forfeitures, and if found to enforce the same: Resolved t*ir tn c and
the authority and direction hereinbefore given shall e x te n d to 0 • 1ing
all suits, actions, or proceedings which may be instituted or i j0p.
under the authority of the Attorney-General at the time of tne
tion and approval hereof.
Approved April 30, 1908.
S. R 48.
.

Joint resolution instructing
tute certain suits, etc.

Mr. TILLMAN. Knowing, Mr. President, that I
not only with Theodore Roosevelt, but with every depot
j
of this Government, and that they tire all leagued togethei *
have had Cabinet meetings, according to the newspapers,
,
cuss me and my affairs and how to accomplish my ruin, t ‘ {e
sible, I was prepared when I made the statement in the
O Monday to have the Attorney-General deny that I hat
n
,
him anything about this. I expected it. I was prepare* . ‘^ e
even now am prepared, to have the man Bent to me »ro
j
Post-Office Department, called over the telephone, to ^
jlt5t
explained my reasons for wanting a fraud order issued *£“ ^
Dorr do the same. I expected them to give notice to him 1 1‘ ^
must lie, must swear I did not say a word to him about my lIt;
to purchase the land, so that the President would have a can *

i I'M

CONGRESSIONAL RECORD-SENATE.

We are not modifying any existing law. New legislation means
a change in the old legislation, and we are not in a case of
that kind making any change. But when we come to tlie mat­
ter of salaries fixed by law, in whatever form they may be
Axed by general law, every time we change those salaries it is
a matter of general legislation. I f the law creating the sala­
r i e s is not private legislation, if it is general legislation, then
the law changing that law must of necessity he general legisla­
tion.
Mr. P ILE S. Mr. President, I am not going to discuss the
question of increasing the salary o f the Speaker, because that
q u e s t io n is not now up for discussion. I wish, however, to give
toy views on the rule as I understand it. I agree fully with
t h e S e n a t o r from Minnesota [Mr. N elson] that every statute
a n d e v e r y rule must be construed so as to make all ihe parts
h a r m o n i z e if possible. As I understand Rule X Y I there are
tiro limitations, if not three, contained in the first subdivision
t h e r e o f . F ir s t:
v And no amendments shall be received to any general appropriation

“in the effect of which will be to increase an appropriation already
ppntained in the bill unless recommended by a standing or select com­
mittee.
And no new items shall be added to the bill unless either the
"fit itself proposes to carry out “ existing law, or treaty stipula­
tion, or act, or r e s o lu tio n previously passed by the Senate” at
tile session at which the amendment is offered.
AS I s a i d to the Senator from Minnesota, the word “ a c t ” i s
to be construed as having relation to a bill, and the term as
ere used Includes general legislation. As I look at this rule,
a whole, it is perfectly clear to me that it was the intention
<r the S e n a t e that amendments o f the character n o w under con­
\
a t i o n might be made to an appropriation bill, subject to the
m u t a t i o n s therein contained.
Subdivision 2, among other
titings, provides:

* stn amendments to general appropriation billa moved by direction of
anniv.Ar or select committee of the Senate, proposing to increase an
ai)i>m
r!ri * already contained in the bill, or to add new items of
on
refpi.,.Pi li°m shall, at least one day before they are considered, be
/ ‘7 ea to the committee.
g.
is the use o f having that reference, w hat is the use of
T
am p
llg - n subdivision 1 that there may be added to a general
i
gto^'fiuiation bill an act or bill previously passed at the same
e„ 's °u of Congress, if it was intended to exclude therefrom
A.'tiu legislation under all circumstances?
T l ?,0 R A H - Mr. President------Vim, V IC & P R E S ID E N T . Does the Senator from Washington
Vi, * 2 . ^ Senator from Idaho?
it*
Certainly.
hm*
. RA II. I should like to ask the Senator from W ashkgislatio
COnsiders tRe change of a salary to be general

^ ^ir. P i l e s . I f I concluded that It did, that would not change
. construction o f the rule one way or the other.
Hot “ ORAH . I speak respectfully, of course, but that does
my question.
it y. 1 ILES. I am free to confess that I am not sure whether
i ? * ® * * 1 legislation or not mm
Mn V,
‘egisiat___■
c ]‘ /• RO r a h .
i f it is general legislation, then why was
is ge
all?
\he i lw,t
there at all?
Ijvp ‘ t’ lLE S.
I was about to read subdivision 3. It was
Ine/k.L/
i
in
porated in order to prevent general legislation being passed
thp “ aDPr°priation bill of this character unless falling within
Sinn
of subdivisions 1 and 2. I think that subdivi, 3 should read------fm- 5’ ( LAY. W ill the Senator from Washington yield to me
question?
Vtl £ f f J
ES. Certainly.
2
*p LAY. Is it not true that if you take subdivisions 1 and
• King your very argument, the provisions of those two sub9 ,Visions have not been complied with, regardless of subdivision
am
ndcr them such legislation could not be offered to an
wropriittion bill, and It would not be necessary to have sub‘ \lsi°n 3 to prevent it.
SnMr- PILES. That is not involved in this proposition at all.
I’I'ose subdivision 3 were not in this rule— Mr. CLAY. I f subdivision 3 was not in the rule------I J lr/ PILES. There would not be any reference to general
le£islation.
Mr. C LAY. That Is true. I f subdivision 3 was not In the
v .e then there would be nothing to prevent general legislation
euig offered to nn appropriation bill.
.
‘ ti** PILES. Does the Senator from Georgia wish to have the
5 e construed so that no amendment proposing general legisiaB ° n may be Inserted in an a p p r o p ria tio n b ill, although the
amendment may be in the nature of a b ill which has passed the
Senate?




949

Mr C LAY. There are many items in an appropriation bill
that do not depend upon existing law. There are i t e m f i - n j
the salaries of our clerks. Every appropriation hid fixes those
salaries. You can increase them if you want to do so upot
appropriation bill, because there is no'general law^fixing tiieir
salaries. You can add an item to the bill f ° r tRat Purpose, b t
if there is a general statute fixing what shall be the salary at
tached to official positions, then to change'that general law comes
in conilict with subdivision 3. I do not think that the w o
priation for the salary of the Speaker is personal. It is omuai.
It applies to that office and not to the person.
.
Mr. P ILE S. In answering the Senator, let me a s k him th is
Suppose the Senate had passed a bill providmg for an in
o f t ie salary of t ie Speaker of the H o u ^ o f BepresenttUve^

I

i :*r

.1

fact that the Senate passes a bill fc m g the saiaiy or rue
Sneaker or the Vice-President o f the judiciary does not make it
Iaw
n the Senate and House should pass a bill changing the
S t a r y then we could In t ie appropriation bill make tie salary
‘T l £ r n m t t B ?tW i » Senator has not answered my question.
t
I f the bill bad passed this body, conceding it to be general legis­
lation, could it be incorporated in this bill?
Mr. C LAY. I do not think so.
. ..
Mr P ILE S. T hen, what is the meaning of subdivision l .
Mr! C LA Y. Subdivision 1 simply means that where there are
items vou propose to add to an appropriation bill, which do not
change or vary the general law, you can increase those items, i
vou want to do so.
.
. . .
Mr. P ILE S. Mr. President, the Senator s contention would
destroy the cardinal rule o f statutory construction, because
every word in a statute must be given full force and effect
where it is possible for tlie court to do so.
Mr. B O R A H . Mr. President------The V IC E -P R E SID E N T . Does the Senator from W ashing­
ton yield to the Senator from Idaho?
Mr P ILE S. In just a moment. When the Senate promulJ E i th s rule providing that there might be incorporated m
f u n e r a l appropriation bill an act. or bill more properly
.
-.jjich liad previously passed the Senate, it meant
that th e ’words which it employed shouM have significance and
effect
Bv construing subdivision 3, in the li»ht of the dec
sio n so f the Courts, s£ that effect shall, If possible be accorded
S evenr word and every part thereof in connection with the
whole so as to make all the parts harmonize when possible
m d eivT meaning to each, it is perfectly clear, to my mind,
S ft
legislation may be included in the general approorLtion bills mibject to the limitations imposed by the ru e.
This construction harmonizes each and every part of the rule.
Any other construction would make meaningless important
provisions therein contained.
Now I vield to the Senator from Idaho.
Mr B O R A H
I f the rule as stated by the Senator is correct,
as it is with reference to the interpretation of statutes, that
thev shall be given binding force and effect, then I ask again
what becomes of subdivision 3, which says that
no amenc m e a t which proposes general ^legislation shall be received o
3U f ' I B T i s ! ’ I ’ an sw ^ e d * that as I think any judge would
M
answer it sitting upon the bench. I construe subdivisions 1,
* and 3 so as to stand harmoniously together; that is to say,
any amendment which proposes general legislation may be m Chid-'d in the bill which meets the requirements of the rule.
\fr BO R AH
That would be all right if subdivision 3 said
tin t • but subdivision 3 says that no general legislation shall be
*
Lad ’ Does not that modify subdivisions 1 and 2?
Mr PH ES May I ask the Senator whether, under the wellknown rule of both statutory and constitutional construction, if
Jkjg rule spall be construed as I have contended, saying in sub­
division 3 ns I think the rule as a whole was intended, “ that
no genera! legislation shall be proposed except as hereinbefore
provided,” that would not bring subdivisions 1, 2, and 3 into
perfect harmony.
I believe, Mr. President, that that is the correct construction
of the rule.
Mr. M cCEM BER. Mr. President, there can be very little
question that if this is general legislation under the rule it is
subject to a point of order. Therefore we are brought face to
face with the proposition whether it is general legislation as is
understood by Rule X V I. Every attorney will agree with me,

'r *

1909.

4

|




950

CONGRESSIONAL RECORD— SENATE.

Januaky

15,

no doubt, that in the construction of the words in a statute as tion of the rule which prevents us from increasing the salary
well as a rule we go to the object of the rule or the statute itself of the President of the United States.
Mr. LODGE. Mr. President, in my opinion, in which I am
in order to determine whether the words used should have a
special or a general significance and as to whether they should confirmed by the Senator from Maine [Mr. F rye], who drew the
rule, the exceptions in the first clause are to take new items of
be subject to expansion or contraction.
The words “ general legislation ” are used in this third sub­ appropriation and increases of appropriation under certain con­
division. What does “ general legislation” mean? In order to ditions out of the prohibition against general legislation. I be'
get at the meaning of it we have got to go back and ascertain the Jieve that is the sound construction of the rule, and I have
object of the rule. What was the object of subdivision 3 of the nothing to add to what the Senator from North Dakota [Mr.
rule? There are Senators possibly here to-day who were here M cCumber] has said. But I want to call this point to the at­
before that rule was adopted. I do not know the date of its tention of the Senate. If the fact that it was reported from a
adoption. If I understand correctly, the rule was adopted to standing or select committee does not except it from genera*
reach a certain condition, rather the abuse of legislation in legislation, then the passage of a Senate resolution, which is m
attempting to attach all kinds of general legislation to appropria­ the same class, does not except it from general legislation.
Every one of the clerks who are provided for in that greM
tion bills. The result of that was that we had our appropriation
bills clogged up with thousands of other things, and we wanted amendment is now drawing his salary under a general law.
some rule to keep out the general legislation, so that we might Some have been left at the same salary. That whole amend­
deal with those bills by themselves and cut clear from any other ment is subject to a point or order if the view is sustained that
proposition. Therefore we passed this rule that there could be the first clause of the rule does not constitute exceptions. U
no general legislation on an appropriation bill and that certain we pass a general act, such as the Senator from Washington
[Mr. Piles] has described, it goes through the Senate. It
other legislation could not be attached to such a bilk
Now, what is the meaning of “ general legislation?” Those be for light-houses; it may be for aids to navigation; anything
who adopted the rule had in their mind at that time legislation you please. We pass those laws constantly. That fact make
of the most general character, and not legislation that some might the amendments in order, and it has always been accepted a
put in the category of special and others in the category of making them in order on an appropriation bill, taking them 01
of the prohibition. If the report of a standing or select com­
general legislation.
No man can place his finger upon the exact dividing line be­ mittee does not take them out of the prohibition, the other pr°'*J
tween general and special legislation. A bill affecting one man sions do not take them out. They all stand on the same groun
_
in a company will be special legislation. If it affects the whole precisely.
If this rule is enforced, as I have never seen it enforced
company it may be special. If it affects the whole regiment it
is less special and more general. If it affects the whole army the Senate, the bill will go out of the Senate as bare as a bon .
without any amendment affecting salaries, and it will van?
it is general legislation.
with it the pay of the clerks. They rest entirely on the fau
Mr. FRYE. Mr. President------The VICE-PRESIDENT. Does the Senator from North Da­ that we passed a resolution in the Senate. It never has pa5?"*
the House. We passed a resolution in the Senate creating
kota yield to the Senator from Maine?
them; that is all they rest on. If that does not take them ° u”
Mr. McCUMBER. With pleasure.
Mr. FRYE. I had the honor of drafting that rule myself; as the report of a standing or select committee takes them mm
and the Senator is stating it correctly. It seems to me that they are open to the point of order, everything is open to tn
under that rule it is impossible to declare that an increase in point of order, and that is a construction the Senate has net«
the salary of a clerk of the Senate (and there are 30 or 40 held.
I remember very well being overruled by the Senator tto
such increases in this bill) is general legislation within the
Maine [Mr. Frye], in the chair when I made the point of ° r‘
meaning of subdivision 3.
Mr. McCUMBER. That is the view I have taken of it. I on a similar provision some years ago, and the matter
can not make myself believe that when the Senate adopted that brought strongly to my attention at that time. I believe
‘:1S .
rule it intended that you could not change upon the floor of the first clause makes exceptions, and that the whole rule 1
Senate a salary that was fixed in the bill, either by lowering it be construed together. It is late, I know, and the Senam
or by raising it, and that we would be perfectly helpless upon about to adjourn; but I wanted to say this much before
that subject; but I believe what was intended was to eliminate journ.
., *
the
Mr. WARREN. Mr. President, I think it is evident to ^
the question of general legislation from bills of this kind, so
that the Senate may deal with that which is properly an ap­ Senate that we will not be able to conclude the considerate
propriation bill and not bills which are not properly of that the bill to-day.
pr 0r
The real question underlying all of this debate is wnein
^
character; and that therefore the term “ general legislation,” as
used in this rule, means legislation of a most general character not we will increase certain salaries. I have no tear 1 •" s
and not of the kind that has been discussed by Senators on this but that there .will be an opportunity for the Senate to e* i ..
itself by voting upon each and every one of these proposeu
j.
floor.
j
While I am up, Mr. President, I want to express one senti­ tious. I myself believe that we are entirely within the ru
ment. I believe that the salary of the President ought to be do not believe that this is general legislation. It is nm,
raised. It was raised in a certain way to $75,000 about a year understand it. We have submitted the various Questl° “T me
and a half or two years ago— that is, the President was allowed have arisen to the Chair heretofore and depended upo
$25,000 for traveling expenses. I presume the entire amount decision of the Chair. I think those decisions have bee r g
has been taken up. I believed at that time we should have erally in favor of such amendments; but I am willing to
^
made a general raise of salary to $75,000. I am doubtful if we it entirely to the experience and good judgment of the
are not going a little too rapidly in jumping within two years President.
... ^j0qfrom fifty thousand to one hundred thousand. I myself would
I ask unanimous consent that the bill may go over unru * me
be in favor of fixing the salary at this time at $75,000 and not day, and I will ask leave to call it up immediately atR
at $100,000. I mention this fact now simply that my pair may routine morning business.
..^ s
vote accordingly if I am not here. I would wipe out entirely
The VICE-PRESIDENT. The Senator from Wyoming * tj]
the matter of $25,000 for traveling expenses.
unanimous consent that the pending bill shall He over 1 r
Mr. ALDRICH. Mr. President, I will take only a moment. Monday, the consideration of it to be resumed immediate) ■ ?
While the question before the Senate is upon the construction the close of the routine morning business. Is there objet
of the rule, there are back of it some practical questions from The Chair hears none, ami it is so ordered.
te jt
which I think the Senate can not escape consideration.
Mr. HALE. For the information of the Senate, I win ^ tbe
There is a proposition in the bill to increase the salary of the is understood that no business will Ik> transacted to-morro . ag
President of the United States to $100,000. I believe that a day, after the hour of half-past 1, being devoted to e u l o g ^
large majority of the Senate think that the President’s salary the Senate has already voted that when we adjourn it '
should be increased. If it is increased at all, it must be in­ until half-past 1.
creased before the 4th of March next. It must be practical lv
Mr. LODGE. Will there be any morning business?
increased in this bill. I would suggest to Senators as the bill
Mr. HALE. There will be no morning business.
. ,«(*carries appropriations for creating new clerks of Senators and
Mr. OWEN. I move that the Senate proceed to the cornu ^
for increasing the pay of clerks already in existence it will not tion of executive business.
(jjc
be, at least from my standpoint, a very pleasant thing to have
The VICE-PRESIDENT. Before putting the question. of
the country understand that we are willing to increase the num­ Chair will lay before the Senate a message from the
ber of clerks to Senators and the salaries of clerks to Senators, Representatives.
but that we find a technicality, if you please, in the construe aJ Mr. OWEN. Very well.
iG w

1909.

imposing a special tax of $100 per annum on cigarettes, and also
for the enactment of legislation to prohibit the sale o f cigaic* e . ,
which was referred to the Committee on the District of Columbia
He also presented a petition of the Christian Endeavor Union
of the District of Columbia praying for the adoption of a ceitam
amendment to the law prohibiting the employment o f women as
bartenders in the District of Columbia, which was referred to the
Committee on the District of Columbia.
He also presented a memorial of the North Capitol and Eckington Citizens’ Association, of Washington, D. C., remonstrating
against the enactment of legislation to change the control of the
street railways of the District of Columbia from the Interstate
Commerce Commission to the Commissioners of the District o
Columbia, which was referred to the Committee on the District
° f Columbia.
, ,
He also presented the memorial of Edward J. Duff, of \ ash>
ihgton, D. C., and a memorial of the Rhode Island Avenue Sub­
urban Citizens’ Association, of Washington, D. C., remon­
strating against the passage of the so-called “ builders license
bill ” for the District of Columbia, which were referred to the
Committee on the District of Columbia.
. He also presented a petition of the Wom an’s Interdenomina­
tional Missionary Union o f Washington, D. C., praying fm t le
Cn;ictment of legislation providing for the closing on Sunday
of all theaters in the District of Columbia, and also remon­
strating against the employment of women in liquor establish­
ments in the District of Columbia, which was referred to the
Committee on the District of Columbia.
Hr. F R Y E presented a petition of Cold Brooli Grange, Pa­
trons of Husbandry, of Medford Center, Me., praying for the
Passage of the so-called “ rural parcels-post” and “ postal savmss banks” bills, which was referred to the Committee on
Phst-Oflices and Post-Roads.
Hr- P ER K IN S presented a petition of the Army and Navy
~ Dloa of the United States, o f Vallejo, Cal., praying for the
ehactment of legislation providing for the retirement o f petty
officers and enlisted men of the United States Navy after
Wf?nty-five years of actual service, which was referred to the
,
on Naval Affairs.
He also presented a petition of the Department of California
Nevada, Grand Army of the Republic, of Riverside, Cal.,
Praying for the passage of the so-called “ McHenry bill,” amend­
ing the pension law relative to the granting o f pensions to soimers of the Mexican and civil wars, and also for the passage
m the so-called “ Sulloway widows’ pension bill,” which was
m-red to the Committee on Pensions,
nfHICK,
i present resolutions of the executive committee
Chamber of Commerce of Dayton, Ohio, relative to the
actment of legislation inimical to the railroad interests of the
^ untry. Inasmuch as the memorial is very important and is
1 aRk that it be printed in the R ecord and referred to
c Committee on Interstate Commerce.
there being no objection, the memorial was referred to the
in ^ ^ t t e e on Interstate Commerce and ordered to be printed
he Record, as follow s:
eir,,,u!?rcaa under normal conditions tho railroads of the United States
approximate1 2,000,000 men, to whom they pay wages ap}’
li t aUng the enormous sum of 11,500,000,000; and
e0l
?a? for many months past the railroads have becn and aTe no
inwAiSS83 with a condition which makes necessary great ^dictions
in
forcos and curtailment in the purchase of supp <* needfhl
pnrVha Pmtlon and maintenance of their properties, as well
that A e
*,of new equipment and extension of lines, it being csti .
*no
*be present time there Is idle equipment representing the enor
A ? Of $225,000,000, exclusivo of locomotives; and
,n ''herea8 a!] industrial and commercial interests together wiih the
eitjm,. ^ of wage-earners and all other classes of citizens are a roc ,
VerviL^*r®
ctly or Indirectly, correspondingly with the prosperity o
*erlon«i °fv the railroads, which apparently aro greatly annoyec
iniMl y handicapped in their management by drastic, unwise, and
W J i l U legislative restrictions, involving in many instances heat)
8
ProX)H r?' expenses: Therefore be it
a
.
, ~
nf

do

}jy t h e e x e c u t i v e c o m m i t t e e o f t h e C h a m b e r v f C o m w r c e o f
' S\hi0> in * e » 8 i o n t h is 6 th d a y o f J a n u a r y , t M , T ^ t white we

g
advocate relaxation of the exercise of reasonable and prope
S6mmmental authority over tho railroads, wo do advocate more tod
fulL V,!! consideration of their rights and Interests, and we rwpert
of n . rge upon ail Members of Congress, all members of g ■
_
t h /!;‘® an[t other States, and of all railroad c o s ,'n
*d nortoai on*^ra! PuUIlc, to encourage the return of rallrond busl es
i
renditions by ceasing and discountenancing
i " " . 7 . * or of
v
, ur ?
and unjust censure of (his great and most Important factor or
•aiir ,i( 'ia,r ;i1 and commercial life, and by the enactment of bucIi ne
‘cfMation only as after the most rigid InvostigatloD shall «
Uso Its clear|.v not only the necessity for tne enactment there ,

, Proper form and scope for the accomplishment of refor .

^

Slroad®1*®01* 1 t0 the public- wil1 ®ot °Perate unJU8tly agaius>t
1

t o T h a t the secretary be, and he hereby Is instructed to send
o ttil
foregoing to each member of the legislature of J • _
’
W ti
rit
of the United States Senate from Ohio, to the Kepre
•entatlve In Congress from this district, and to the Dayton dall) papers.
.H r. SCOTT presented petitions of sundry surviving officers
the civil war of Charleston, Gould, Auburn, Kmgwood, Ke)iay, Leon, Weston, and CrauesviUe, all in the State of V e st



1013

CONGRESSIONAL RECORD— SENATE.

Virginia, praving for the enactment of legislation to create a
volunteer retired list in the W ar and Navy departments for the
surviving officers of the civil war, which were referred to the
Committee on Military Affairs.
Mr. BU LIvELEY presented a petition of Local Grange No,
107, Patrons of Husbandry, of Litchfield, Conn., PraJ ^ g for the
passage of the so-called “ rural parcels-post
and
postal sav­
ings banks ” bills, which was referred to the Committee on PostOffices and Post-Roads.
Mr. B O URN E presented petitions of Hope Grange, No. 200,
o f A lse a ; of Harding Grange, No. 322, o f Oregon City, all
Patrons of Husbandry; of sundry citizens of Estacada and
Mollala, all in the State o f Oregon, praying for the passage or
the so-called “ rural parcels-post” and “ postal savings banks
bills, which were referred to the Committee on Post-Offices and
Mr. F L IN T presented a memorial of the Central Labor Coun­
cil o f Los Angels, Cal., remonstrating against the action or
the federal court of the District of Columbia m imposing a
jail sentence on Goinpers, Mitchell, and Morrison, which was
referred to the Committee on the Judiciary.
Mr. D E P E W presented petitions of Local Granges Nos. 480,
10S0, 571, 95G, 824, 914, 370, 305, 117, and 817, all Patrons of
Husbandry, o f Dewittville, Bristol Center, Mayville, Ellenville,
W est Exeter, Lancaster, Clinton, Falconer, Lorraine, and Hen­
rietta, and of sundry citizens of Williamson, Marion, and
Canisteo, all in the State of New York, praying for the passage
of the so-called “ rural parcels-post” and “ postal savings
banks” bills, which were referred to the Committee on PostOffices and Post-Roads.
Air. SM ITH of Michigan presented a concurrent resolution of
the legislature of the State of Michigan, which w
ras referred to
the Committee on Military Affairs and ordered to he printed in
the R ecord, as follow s:

Whereas it has been the policy of this country from the beginning
to maintain a small Regular Amy, and in times of war to rely upon tbc
patriotism of the people to rally as volunteers in defense of the
national flag; and
,
Whereas it is a recognized fact that the civil war, I 8 6 I-I 8 6 0 , forms
the most sanguinary chapter in the history of the world; that the
Regular Army during the struggle was maintained at about 25,000 men,
while the volunteers numbered more than 2,500,000 of officers and en­
listed men; and
.
„
_ ..
Whereas it is a recognized fact that the Union of t h e s e States was
preserved and the national authority maintained by the Patriotism,
fortitude, and valor of the volunteers, to whom tills great united people
now enjoying the inestimable blessings of a preserved Union owe a
debt of trfatitude that can never be paid : Therefore
. .
R e s o l v e d b y t h e h o u s e o f r e p r e s e n t a t i v e s { t h e s e m t e woowtr-i«flO,
That we reouest the Senators and Representatives of the Sixtieth Con­
fess J & n ffS ta te o f Michigan to aid in the prompt enactment of a
l-nv in effect creating a volunteer retired list, upon vhicn may 09
nlaced with retired pay upon application the surviving officers of the
Vrmf Navv a n d marines of the United States who served with credit
duHna the dvll w“ ; Ruch survivors now constituting a small remnant
of that body of gallantmen who led the Union forces to final victory;
ffSotaSd7 f u r t h e r That In our opinion the precedents of the con­
gressional legislation fully justify tne enactment of this law, namely,
the acts of ^
1828 and 1832, granting retired pay during life to the sur­
viving officers and enlisted men of the Army, Navy, and marines of the
Revolution* the act of 1901 retiring Charles A. Boutelle, a volunteer
l i the Union Navv with the rank and retired pay of captain of
?fe na^' the acts of 1904 W06? and 1907 granting increased rank
and retired1 pay to the officers of the Regular Army and Navy based
solely on ffie ground that they had “ served with credit during the civil
war • " and the act of 3905 providing for the retirement of two officers
of volunteers, namely, Gen. Joseph R. Hawley and 1. J. Osterhaus, with
" T S W S E i t S tf W
S
K
- officers of gylgj
“ g j °warh for rthe’ S f v i E l W

S

e ^ e d 'S

S o lv e

from the Natlotlhl (hvernment lionors and
^ T scke'dln
which had heretofore been bestowed upon any officers who serveu
time of war In defense of the country; ana
.
^ „ Pc r ]5 0(
i
R e s o l v e d further, That the secretary of the senate
the house are hereby directed to transmit a copy of these icsoiunons
house of lepresentatives January 12, 1 JUJ.
Clerk

of

the

pA J. n King^
U
B o u s e o f R e p r e se n ta tiv e s.

t vniort v Chilson secretary of the senate, hereby certify that the
foregoffig is a'true co?y of the resolution adopted by the senate January
12, 1909.
e . V. Chilson,
S ec reta ry o f

\f>

th e S en a te.

nr6S6QtGd a petition of the Kansas Connnandery,
Mimiry Order o f
Loyal Lesion of the United States, of
Fort Leavenworth, Ivans,, praying for the enactment of legis­
lation to create a volunteer retired list In the W ar and Navy
departments for the surviving officers of the civil war, which
was referred to the Committee on Military Affairs.
He also presented a petition of Belleview Grange, Patrons of
Husbandry, of Eudora, Ivans., praying for the passage of the
so-called “ rural parcels-post” bill, which was referred to the
C o m m i t t e e on Post-Offices and Post-Roads
. ,
^
He also presented a memorial of the Commercial Club of
Topeka Kans., and a memorial of Barton County Business
tong




1014

CONGRESSIONAL RECORD— SENATE.

Men’s Association, of Great Bencl, Kans., remonstrating against
the passage of the so-called “ rural parcels-post” bill, which
were referred to the Committee on Post-Offices and Post-Roads.
Mr. BROWN presented a petition of the Grain Dealers’ Na­
tional Association of the United States, praying for the enact­
ment of legislation providing for the appointment of a commis­
sion to investigate the grain trade of the United States, which
was referred to the Committee on Agriculture and Forestry.
He also presented a petition of the Commercial Club of Lin­
coln, Nebr., praying for the enactment of legislation granting
travel pay to railway postal clerks, which was referred to the
Committee on Post-Offices and Post-Roads.
He also presented a petition of sundry business men and stock
raisers of Chadron, Nebr., praying for the repeal of the duty on
hides, which was referred to the Committee on Finance.
Mr. TILLMAN presented a petition of sundry citizens of
Charleston, S. C., praying for the enactment of legislation to
increase the salaries of United States circuit and district court
judges, which was referred to the Committee on the Judiciary.
Mr. HALE presented a petition of Casco_ Harbor, No. To,
American Association of Master Mates and Pilots, of Portland,
Me., praying for the passage of the so-called “ Knox bill, con­
cerning licensed officers of steam and sail vessels, which was
referred to the Committee on Commerce.
He also presented petitions of sundry citizens of Waldo,
Medford Center, Steuben, Surry, Greene, and Cornish, all in
the State of Maine, praying for the passage of the so-called
“ rural parcels-Dost” and “ postal savings banks” bills, which
were referred to the Committee on Post-Offices and Post-Roads.
He also presented a petition of the Board of Trade of Port­
land, Me., praying for the enactment of legislation granting
travel pay to railway postal clerks, which was referred to the
Committee on Post-Offices and Post-Itoads.
REPORTS OF COMMITTEES.

Mr. HALE, from the Committee on Appropriations, to whom
was referred concurrent resolution 05, submitted by Mr.
D i c k on the 14th of December last, relating to the celebration
of the one-hundredth anniversary of the birth of Abraham
Lincoln, asked to be discharged from its further consideration,
and that it be referred to the Committee on the Library, which
was agreed to.
Mr. FULTON, from the Committee on Public Lands, to
whom was referred the bill (S. 7372) to set apart certain lands
in the State of Oregon as a public park, to be known as the
“ Saddle Mountain National Park,” reported it with amend­
ments and submitted a report (No. 770) thereon.
Mr. SCOTT, from the Committee on Military Affairs, to
whom was referred the bill (S. 65oO) granting an bourn able
discharge to Thompson B. Pollard, reported it without amendment and submitted a report (No. 777) thereon.
Mr TAYLOR, from the Committee on Indian Affairs, to
whom was referred the bill (S. 7883) to authorize the Secre­
tary of the Interior to construct a bridge across the Little
Colorado River abutting oil the Navajo Indian Reservation
in the Territory of Arizona, and for other purposes, reported
it without amendment and submitted a report (No. •<»)
thereon.
,.
. Tn
Mr. DOLLIVER, from the Committee on Education and La­
bor, to whom was referred the bill (S. G272) to amend an act
entitled “An act to establish the Foundation for the Promotion
of Industrial Peace,” reported it with an amendment.
Mr. CLARK of Wyoming, from the Committee on the Ju­
diciary, to whom were referred the following bills, reported them
each with amendments:
A bill (S. 8396) incorporating the National Academy of Arts
and Letters;
A
...
A bill (S. 8302) to incorporate the “ Descendants of the
Signers;” and

A bill (S. 8395) incorporating the National Institute of Arts
and Letters.
Mr. CLARK of Wyoming, from the Committee on the Ju­
diciary, to whom was referred the bill (S. 8235) to change and
fix the time for holding the circuit and district courts of the
United States for the eastern and middle districts of Tennessee,
reported-it without amendment.
Mr. WARNER, from the Committee on Military Affairs, to
whom was referred the bill (H . It. 7963) for tbe relief of Patrick
£onlin, reported it without amendment and submitted a report
(No. 779) thereon.
Mr. SMOOT, from the Committee on Public Lands, to whom
was referred the bill (S. 1199) to grant certain lands to the
town of Fruita, Colo., reported it with amendments and sub­
mitted a report (No. 780) thereon.
Mr. MARTIN, from the Committee on Commerce, to whom
was referred the bill (S. 8333) to authorize the Edgewater Con­
necting Railway Company to construct, maintain, and operate a

January 18,

railroad bridge across the Kansas River at or near Kansas
City, Ivans., in the county of Wyandotte, State of Kansas, re­
ported it without amendment and submitted a report (No. 781)
thereon.
Mr. FRYE (for Mr. P enrose), from the Committee on Com­
merce, to whom was referred the bill (S. 5094) to provide for
the lading or unlading of vessels at night, to facilitate the entry
of vessels, and for other purposes, reported it with amendments
and submitted a report (No. 782) thereon.
BILLS INTRODUCED.

Mr. GALLINGER introduced a bill (S. 8541) to amend sec­
tion 12 of tlie act regulating the practice of medicine and sur­
gery in the District of Columbia, which was read twice by its
title and referred to the Committee on the District of Columbia.
He also introduced a bill (S. 8542) to amend an act entitled
“An act making it a misdemeanor in the District of Columbia
to abandon or willfully neglect to provide for the support and
maintenance by an y person of his wife or of his or her minor
children in destitute or necessitous circumstances,” approved
March 23, 1906, which was read twice by its title and, with the
accompanying paper, referred to the Committee on the District
of Columbia.
He also introduced a bill (S. 8543) granting an increase of
pension to Augustus Wagner, which was read twice by its title
and referred to the Committee on Pensions.
Mr. FItYT introduced the following bills, which were sever­
E
ally read twice by their titles and, with the accompanying Pa*
pers, referred to the Committee on Pensions:
A bill (S. 8544) granting an increase of pension to WiU>alD
D. McKenney; and
A bill (S. 8545) granting a pension to Alexandrine Martin.
Mr. TILLMAN introduced the following bills, which were sev­
erally read twice by their titles and, with the accompanying Pa'
pers, referred to the Committee on Claims:
A bill (S. 8546) for the relief of W . F. Parker;
A bill (S. S547) for the relief of Ellen F. Carter; and
A bill (S. 8548) for the relief of the heir at law of A.
Frietas, deceased.
Mr. TILLMAN introduced a bill (S. 8549) for the relief of
the Wentworth Street Lutheran Church, of Charleston, S.
which was read twice by its title and referred to the Commit*66
on Claims.
-Mr. FULTON introduced a bill (S. 8550) to include withm
the boundaries of and add to the Blue Mountain Forest ReseI^
certain lands in the State of Oregon, which was read twice w
its title and, with the accompanying papers, referred to
Cpawaittee on Public Lauds.
...
r Mr. OWEN introduced a bill (S. 8551) for the relief of
state of Guadalupe Lujan de Fuentes, deceased, which vr
cad twice by its title and referred to the Committee on Clan1
Mr. OWEN (by request) introduced a bill (S. 8552) f°*
n
elief of the estate of Matias Baca, deceased, and his son, J‘ • I
ley Baca, of Belen, N. Mex., which was read twice by lts 1
J
ind referred to the Committee on Claims.
Mr. OWEN introduced the following bills, which were •
Wally read twice by their titles and referred to the Comm1
foil Indian Affairs;
T mll
A bfll (S. 8553) to amend section I of an net approved -< j
*
|ary 30, 1897, entitled “An act to prohibit the sale of
ing drinks to Indians, providing penalties therefor, aim H
'other purposes; ” and
,
L
A bill (S. 8554) authorizing the Secretary of the
11 iv
' v
sell part or all of the surplus lands of members of tbe
*r
[or Iyiu.sas tribe of Indians in Oklahoma.
. ia.
‘/ S i r . MILTON introduced a bill (S. 8555) to relinquish tne
terest of the United States in and to certain land 1
,1 ‘ ^y
County, Fla., to John M. Bryan, jr., which was read tw1
its title and referred to the Committee on Public Lands.
e
Mr. PAYNTEU introduced the following bills, widen »
severally rend twice by their titles and referred to tue
m ittee on Claims:
„ ,
. 0tlier
A bill (S. 8556) for the relief of S am u e l F. Johnson ana
com m ission ed officers of the Seventeenth R egim en t
Volunteer Cavalry, civil war; and
mm-ch ‘)f
A bill (8 . 8557) for the relief of the Christian Cm
Stanford, Ky.
„
.. „ -ppef of
Mr. PAYNTEIl introduced a bill (S. 85oS) for fne *
^
the city of Newport, Ivy., which was read twice by its 1
oJ
J
with the accompanying papers, referred to the < ">nn
Claims.
,
,. ,
cpV
eraW
He also introduced the following bills, which wen.
0u
read twice by their titles and referred to the Conn
Pensions;
Tr„tchinf*>D:
A bill (S. 8559) granting a pension to Anna l . H uau
and
A bill (S. 8560) granting a pension to Emma Coleman.

1909.

CONGRESSIONAL RECORD— SENATE.

1015

Mr. B R O W N introduced a bill (S. 8561) to remove the charge
Mr. S M IT H of Michigan introduced a bill (S. S5S3) to re­
of desertion from the military record of Jacob Byers, which was move the charge of desertion from the military record of John
read twice by its title and referred to the Committee on Military Reed, which was read twice by its title and, with the accom­
Affairs.
panying papers, referred to the Committee on Military Affairs.
Mr. BRIG GS introduced a bill (S. 8562) granting an increase
He also introduced the following bills, which were severally
of pension to George S. Connor, which was read twice by its read twice by their titles and, with the accompanying papers,
title and, with the accompanying papers, referred to the Com­ referred to the Committee on Pensions:
mittee on Pensions.
A bill (S. 85S4) granting an increase of pension to Erwin C.
He also (by request) introduced a bill (S . 8563) to amend W a tk in s; and
section 1 o f an act entitled “An act to regulate connuei’ce,” ap­
A bill (S . 8585) granting an increase of pension to Lyman G.
proved February 4, 1887, which was read twice by its title and Willcox.
referred to the Committee on Interstate Commerce.
Mr. SM IT H o f Michigan introduced a bill (S. 85S6) granting
Mr. CULLOM introduced a bill (S. 8564) to authorize the an increase of pension to Benjamin Golding, w kick was read
T
construction of two bridges across Rock River, State of Illinois, twice by its title and referred to the Committee on Pensions.
■which was read twice by its title and referred to the Commit­
Mr, N ELSO N introduced a bill (S. 8587) to amend sections
tee on Commerce.
2325 and 2326 o f the Revised Statutes of the United States,
Mr. P IL E S (for Mr. A nkeny) introduced a bill (S. 8565) which was read twice by its title and referred to the Committee
Stunting an increase of pension to William C. Bishop, which was on Public Lands.
read twice by its title and referred to the Committee on Pen­
He also introduced a bill (S. 8588) to amend an act entitled
sions.
“ An act for the relief o f Dewitt Eastman,” approved January 8,
^lr. T E L L E R Introduced the following bills, which were sev­ 1909, which was read twice by its title and referred to the Com­
erally read twice by their titles and referred to the Committee mittee on Military Affairs.
He also introduced a bill (S. 8589) granting an increase of
° n Pensions:
A bill (g . 8566) granting an increase of pension to W illiam J. pension to George W . Buswell, which was read twice by its
Conley, alias Joseph McCormick; and
title and referred to the Committee on Pensions.
A bill (g . 8567) granting an increase of pension to Melvin
Mr. P E R K IN S introduced a bill (S . 8590) granting an in­
*ioi man.
crease of pension to Ella M. Glass, which was read twice by its
y.Ir- T E L L E R introduced a bill (S. 8568) extending the pro- I title and, with the accompanying papers, referred to the ComAm 0ns. o f an act approved February 6, 1901, entitled “An act i mittee on Pensions.
mending the act of August 15, 1894, entitled ‘An act making
Mr. LONG introduced a bill (S. 8591) for the relief o f W atson
Ppropriations for current and contingent expenses o f the In- Mill Company, of the city of Wichita, State of Kansas, which
v uu Department and fulfilling treaties and stipulations with was read twice by its title and referred to the Committee on
a
Iluli:ln tribes for the fiscal year ending June 30, 1895, Claims.
thf« f° l otller purposes,’ ” to any person claiming any right in
Mr. F L IN T introduced a bill (S. 8592) to authorize the Chucatrii fommon property o f the Choctaw or Chickasaw Indians or walla Development Company to build a dam across the Colorado
CJ G which was read twice by its title and referred to the River near Parker, Ariz., which was read twice by its title and
8>
mmittee on the Five Civilized Tribes of Indians.
referred to the Committee on Commerce.
Se‘ *r- G A M B LE introduced the following bills, which were
He also introduced a bill (S. 8593) granting an increase of
- rally read twice by their titles and referred to the Cornmit- pension to James W alter Smith, which was read twice by its
^ ° R Pensions:
title and, with the accompanying paper, referred to the Com­
^ ■ bill (S. 8569) granting an increase of pension to W illiam H. mittee on Pensions.
m ris; and
Mr. H E M E N W A Y introduced a bill (S. 8594) granting an in­
(S. 8570) granting an increase of pension to Alexander crease o f pension to James H . Tillman, which was read twice by
its title and referred to the Committee oh Pensions.
Mr a n (with an accompanying paper).
Mr. M cEN EItY introduced the following bills, which were sev­
^
• H tW B U R N introduced the following bills, which were
Qiitt,
y read Dvlce by their titles and referred to the Com- erally read twice by their titles and referred to the Committee
on Claim s:
A i ,0n ^ s i o n s :
A bill (S . 8595) for the relief of the heirs o f James B a lm ;
fhl
1 t (S. 8571) granting a pension to Thomas Heady (with
A bill (S. 8590) for the relief o f Mrs. F. T. Landry, adminisI h m mi'? nylng P a p ers); and
GPii’k
granting an increase of pension to Martha ! t r a t r i x of Adonis Petit, deceased; and
A bill (S . 8597) for the relief of the estates o f Caroline
e r v f‘ SC° T T introduced the following bills, which were sev- Pierront and Augustin Labau.
Mr. D O L L IV E E introduced the f o llo w in g bills, which were
Pai , read twice by their titles and, with the accompanying
! severally read twice by their titles and referred to the Com­
a ,* ’ referred to the Committee on Pensions:
\ , ! 1 (S. 8573) granting a pension to Cemnntha H yer; and mittee on Pensions;
A bill (S . 8098) granting an increase of pension to James C.
R p . U (S . 8574) granting an increase o f pension to Margaret
’ j ierce.
j Bullock; and
A bill (S. 8599) granting an increase of pension to W illis
ley o'. S c ° T T Introduced a bill (S . 8575) for the relief of Oakc o - L ^ a t l , which was read twice by its title and, with the ae- Lake.
Mr. D IC K introduced a bill (S. SG00) to provide for payment
Mi- i ? inK Papers, referred to the Committee on Claims,
er-. ik
introduced the following bills, which were sev- o f the claims of the Roman Catholic Church in Porto Rico,
on tL rea(I twice by tlieir titles and referred to the Committee which was read twice by its title and referred to the Committee
ctisiojjg j
on Pacific Islands and Porto Rico.
Mr. F O R A K E It introduced a bill (S. S601) to provide for
(8 . 8570) granting an increase o f pension to Mary
the payment of claims of the Roman Catholic Church in Porto
A &
ker Sm ith ; and
Rico, which was read twice by its title and referred to the Com­
yr / ‘ . * 8, 8577) granting a pension to Laura B. Williamson.
Pensin EAN introduced a bill (S . 8078) granting an Increase of mittee on Pacific Islands and Porto Rico.
Mr H E M E N W A Y introduced a bill (S. 8602) for the erection
ttiij <1 ^ Barnes B. Romnine, which was read twice by its title
>of a monument on the MIssIsinewa battle ground in Grant
the accompanying paper, referred to the Committee on
County. Ind.. which was read twice by its title and referred to
the Committee on the Library.
lowin’ ^ IT TR E D G E (for Mr. M cC um ber ) introduced the fol- i
Mr l a FO L L E T T E introduced a bill (S. 8603) for the re­
With »i ili8’ which were severally read twice by their titles and,
lief of Mark Tomlinson, which was read twice by its title and
Peiisir,
aecoillpauying papers, referred to the Committee on
referred to the Committee on Military Affairs.
Mr O W E N introduced a joint resolution (S . R. 116) em^ A lull ( s . 8579) granting an increase of pension to George E. ,
owering the Court of Claims to ascertain the amount o f the
' : and
I * civilization fu n d ” paid by the Osages and applied to the bene*
Car/ Ul ^S. S*>80) granting an increase o f pension to Charles M. I fit o f other Indians, and for other purposes, which was read
I twice by its title and referred to the Committee on Indian A f
dm Ir, i^iT TH E D G E (for Mr. M cC u m ber ) (by request) intro—J
12. H i,.'
(8 , 8581) granting an increase of pension to Johu fairs.
a m e n d m e n t s t o a p p r o p r ia t io n b i l l s .
*tCcoii
which was read twice by its title and, with the -------M * W u g papers, referred to the Committee on Pensions.
Mr. SCOTT submitted an amendment proposing to appropri­
(8. t - A IT T R E I)G E (for Mr. M cC um beb ) introduced a bill
ate 89,000 to grade and improve M street NE. from BladensTvhioti
A n t i n g an increase of pension to Iliram Haynes,
burg road to Twenty-eighth street, intended to be proposed by
tec n ! \\as read twice by its title and referred to the Comrnithim to the District of Columbia appropriation bill, which was
00 Pensions.







J

referred to the Committee on the District of Columbia and or­
dered to be printed.
Mr. WETMORE submitted an amendment proposing to ap­
propriate $225,000 for the construction and equipping of a
steam revenue cutter for service in Narragansett Bay, etc., in­
tended to be proposed by him to the sundry civil appropriation
bill, which was referred to the Committee on Commerce and
ordered to be printed.
He also submitted an amendment proposing to appropriate
$25,000 for establishing a fish-cultural station at some suitable
point in the State of Rhode Island, etc., intended to be proposed
by him to the sundry civil appropriation bill, which was re­
ferred to the Committee on Fisheries and ordered to be printed.

18,

Mr. HEYBURN. I understand the Senator sent to the desk
the bill as it would appear amended. What disposition was
made of that? Is it on the table?
Mr. FULTON. I simply sent the form to the desk for the
convenience of the Secretary.
COMPILATION OF TREATIES.

Mr. CULLOM submitted the following resolution (S. Res.
252), which was considered by unanimous consent and agreed to:
R e s o lv e d , That there he prepared, under the direction of the C ­
om
mittee on Foreign Relations, a compilation of treaties, to include eh
treaties, conventions, important protocols, and international acts to
which the United States may have been a party from 1778 to M
arch ■,
*
1909, and such other material pertaining to treaties as may be recom
­
mended for insertion therein by the Secretary of State.

AMENDMENT OF INTERSTATE-COMMERCE LAW.

Mr. FULTON. I submit two amendments intended to be
proposed by me to the bill (S. 423) to amend section 6 of an
act entitled “An act to regulate commerce,” approved February
4, 1887, and acts amendatory thereof, which I ask may be
printed and lie on the table. I wish to make an explanation
connected with them.
The first amendment that I propose is to strike out certain
matter and in lieu thereof to insert the following:

a n u a r y

MATILDA J. BLAKE.

Mr. CARTER submitted the following resolution (S. Res. 255)»
which was referred to the Committee to Audit and Control the
Contingent Expenses of the Senate:
R e s o lv e d , That the Secretary of the Senate be. and he hereby is,
authorized and directed to pay to Matilda J. Blake, widow of John <
■
Blake, late a messenger of the United States Senate, a sum equal to
months' salary at the rate he was receiving by law at the time of hi"
death, said sum to be considered as including funeral expenses and
other allowances.

Upon the filing of such protest the commission may, in Its discretion,
CLAIM FOR COTTON FROM ADAMS COUNTY, MISS.
make an order that the proposed change in the rate or rates, fare or
Mr. FULTON. From the Committee on Claims I report the
fares, charge or charges, so protested against, or any specified item or
items thereof, shall not go into effect until the reasonableness of the following resolution and ask for its present consideration.
proposed increase shall have been determined by the commission, or un­
The resolution (S. Res. 253) was read, as follows:
til it shall have further ordered. The mnking of such order shall
R s o lv
, That the bill
the
operate to continue in force the then existing rate or rates, fare or the elegale drepresentative of (S. 8318) entitled “A bill for takenrelief oi
the owner of certain cotton
by
fares, charge or charges, proposed to be changed and included within
United States military authorities in Adams County, M
iss., in IS"-5
’
the terms of the order until the further order of the commission.
now pending in the Senate, together with all the accompanying p»l*r
j”
That changes the present reading of the measure so as to be, and the same is hereby, referred to the Court of Claims in pursuance
leave it to the discretion of the commission whether or not of the provisions of an act entitled “An act to provide for the bringing
of suits against the Government of the United States,” approved 5I»r
(A
they will suspend a rate from going into effect until a hearing 3, 1887. And the said court shall proceed with the same In accordance
with the provisions of such act and report to the Senate in accordance
has been had.
I propose then the following additional amendment in the therewith.
shape of a proviso:

Add after the word “ party,” in line 22, page 5, the following:
“ P r o v id e d , That upon the presentation to the commission of the peti­
tion of two or more carriers subject to the provisions of this act, oper­
ating competing lines, asking permission to enter into an agreement
relative to rates, fares, or charges to be made or practices to be ob­
served in operating such lines while engaged in commerce to which the
regulative power of Congress extends, the commission is authorized,
in its discretion, to allow such agreement to be entered into, and
thereupon it shall be lawful for such carriers to enter into the same.
The petition shall have attached to and made a part of it a true and
complete copy of the proposed agreement. The order of the commis­
sion permitting the agreement to be entered into shall not be deemed
or held to be an approval of any rate, fare, charge, or practice pro­
posed therein to be put in force or established, nor will it relieve any
party thereto from the necessity of giving notice as in this act pro­
vided of any change in rates, fares, or charges contemplated or pro­
posed in or by such agreement.”
This amendment simply authorizes agreements among com­
peting carriers as to schedules or rates upon petition to the
commission and with the consent of the commission. It leaves
it in the discretion of the commission whether or not the privi­
lege to enter into the combination shall be made or granted.
The granting of the permission does not have the effect of an
approval of the rates, but leaves that to be determined other­
wise; that is all; it does not establish their reasonableness nor
does it have the effect to waive the requirements that before
the rate shall be advanced notice shall be given.
I ask that the bill may be reprinted with the proposed amend­
ments in small capitats. The bill as it stands to-day is printed
with the first proposed amendment in italics, the original mat­
ter being in roman. I ask that these proposed amendments
may be printed in roman.
Mr. KEAN. To what bill is this an amendment?
Mr. FULTON. It is Senate bill 423, proposing to amend sec­
tion tl of the interstate-commerce net, which was reported some
time ago bv the Committee on Interstate Commerce.
.Mr. KEAN. The Senator merely wants to have the amend­
ments printed. I understand.
Mr. FULTON. I simply want to have them printed for the
information of the Senate, so that the Senate may see what I
propose.
The VICE-PRESIDENT. Without objection it is so ordered.
Mr. IIEYBURN. I should like to inquire of the Senator
from Oregon to what committee the bill as proposed to be
amended went?
Mr. FULTON, The amendments did not go to any committee.
The bill (S. 423) to which I propose the amendments which I
was attempting to explain has been reported and is now on the
calendar.
Air. KEAN. It was reported adversely.
Mr. FULTON. Yes; by a bare majority it was reported ad­
versely, but it is on the calendar. I simply asked for a reprint
of the bill with the amendments I now propose.

Mr. FULTON. I should explain my reason for offering
resolution at the present time in advance of what we call tne
“ omnibus bill,” carrying bills to the Court of Claims.
A bill was sent to the Court of Claims at the last session h*
the relief of several persons named therein. When the matte
came on for a hearing before the court, it was ascertained tna
the name of one party interested had been omitted. T h e Sen
tor from Mississippi [Mr. McL aubin ] introduced a bill in y
name of the party so omitted, and the object of the resoluy
is to send the bill to the court so that these persons may
heard with the others.
*
The resolution was considered by unanimous consent a
agreed to.
IMPROVEMENT OF SAMAMI8H RIVER, WASHINGTON.

Mr,

PILES submitted the following concurrent resolution
C. lies. 71), which was referred to the Committee on CornniP
R e s o lv e d

by

th e

S e n a te

U•
•

( th e H o u s e o f R e p r e s e n t a ti v e s c on cn ^ J -'. A

That the Secretary of W be. and he is hereby, directed to c. ;t0p,
ar
a
survey and estimate to be made of the Samnmish River. Wasnwo
with a view of clearing and restoring said river to navigation.
IMPROVEMENT OF 8WINOMISH SLOUGH, WASHINGTON.

Mr. PILES submitted the following concurrent resolnB°
(S. C. lies. 72), which was referred to the Committee on u
merce:
R eso lv ed

by

th e S e n a te

(th e

H ou se

o f R e p r e s e n t a ti v e s c ° ncu>>^ e

That the Secretary of W lie, and he is hereby, directed to
ar
survey and estimate to be made of the Swinoralsu Slough, oasi
with a view to such extensions and modifications of the PW
the Improvement of the same ns may be necessary In the inter
navigation.

a
D
i
for
0f

IMPROVEMENT OF COLUMBIA RIVER, WASHINGTON.

Mr. PILES submitted the following concurrent resolutionA ,
C. lies. 73), which was referred to the Committee on C ° ® n n _ ^
R e s o lv e d b y t h e S e n a t e ( t he H o u s e o f R ep resen ta tives con i u' ' a
That the Secretary of War be. and he is hereby, directed
\fe*
and estimate to be made of the Columbia River bet \Va?W
survey
of tfJ it *£
natchee and the mouth of the O
LU l lit? U U
I
IH IU
»
-lie Snake imvi in the State J p C * llttivv River
.
p ed
ton, with a view of making such Improvements as may i*
* lower
essary, in order to provide for navigation between the upi*
river.
IM O E E T O EA B O H A H R O , M
PR V M N F ST O T B Y A B R AINE

hor, M
aine, with a view to extending the improvement r° L^re*8
in the report submitted in House Document No.
Sixtie
first session, to Iiodgdon’s wharf.
CHOCTAW AND CHICKASAW LANDS.

Mr.. u a u o . Mr. President, I desire to call attention
DAVIS
fact that on the 29th of April, 190s, the Senate upon mj
ted
adopted resolution No. 171, directing the Secretary ”

j 0-

f

1029

CONGRESSIONAL RECORD— SENATE.

1909.

It relates to the civil lists of European and American countries,
their populations, square miles of territory, national wealth,
and revenues, and is offered for purposes of comparison.

The stupendous civil lists of Europe are the price the people
there pay for royalty, with the exception of France, to which I
shall call special attention later.

Table II.

Ruler.

Country.

G R ritn ln
roat
Portugal
Romania..................................................
Servia
Spain.
Turkey
Trance.;

.

................
.................

Franz Josef I........................................ ........... .
Christian IX.................................. ...........................
W
illiam II...................................................................
Edward V II...............................................................
George. ____________________ _________________
Victor Emmanuel III........„............—....................
Carlos II______________________________________
Charles.............. .....................................
Peter_____ _________ _________ _______ ______
Alfonso XIII__________________________________
Oscar I I ____ _________ ________ __________
Abdul Hamid I I ........................................................

Estimated na­
tional wealth.

Popula­
tion.

Square
miles.

228,000

45,273,048
6,693,548
2,464,700
56,367,178
41,952,510
2,433,806
32,475,253
5,263,232
5,428,659
5,912,520
2,493,700
18,018,086
7,415,103
24,931,600
38,961,945

241,333
11,373
15,360
208,830
120,979
25,014
110,550
12,648
36,048
50,720
18,630
190,050
297,006
1,115,046
207,054

$24,310,000,000 $240,994,000
5.440.000. 000 85,494,672
2.310.000. 000 19,247,008
471,002,000
45,010,000,000
05,680,000,000
683,201,360
1 ,200,000,000
13,650,533
317,349,332
16,950,000,000
58,323,000
2,280,000,000
56,352,000
28,001,000
2,550,000,000
900,000,000
15,144,548
13,400,000,000
170,998,000
3,750,000,000
60,500,950
81,893,462
54,350,000,000
091,849,500

$109,732
84,500
86,500
12,548
40,570
69,109
175,000

13,606,000
14,334,000
5,678,000
3,239,000
4,500,000
1,038,000
85,000,000

767,060
3,219,000
1,135,840
279,901
713,859
72,210
3,692,125

$3,500,000,000
10,750,000,000
8,400,000,000
3,760,000,000
900,000,000
1,250,000,000
127,625,000,000

Annual civil
list.
$3,750,000
665,000
268,800
3,143,859
2,284,200
297,000
3,011,000
266,500
567,000
252,000
204,000
1,430,000

(•)

Revenues,

AMERICAN REPUBLICS.

M
exico
Brazil
Argentina
Chile.
Bern..
Hrusuay
united S ta t e s

Penna...................................... -................. - ...............

.................

Claudio Williman....................................................

$51,692,500
138,908,346
105,500,000
63,500,000
13,396,330
20,301,737
707,893,462

« Estimated five to ten millions.
The civil lists of the royal houses of Europe, considered as | tainly should pay our Chief Magistrate a compensation com­
Percentages of the revenues of the realms, respectively, would mensurate with the duties he performs, the sacrifices he makes,
areh-t0 the conclusion, if we did not know better, that mon- and the risks he runs. Otherwise, whether we gauge his salary
n r e al government is conducted as a private business for by the measure of our 85,000,000 of people, our 3,600,000 square
Profit on a dividend basis of about two-fifths of 1 per cent to miles of territory, our $127,000,000,000 of national wealth, or
Per cent of the gross income of the state, as illustrated in our $700,000,000 of annual revenue, or by all of them, and com: pare it with that paid to other rulers and presidents in the
e cases of England and Greece. Here are the figures:
world, we must appear utterly ridiculous in the eyes of man*
TABLE III.
I kind.
Percentage of revenues paid to rulers In European countries:
The Vice-President, nominated by his party and elected by the
Per cent of people, is thus estimated by the popular verdict to be qualified
,
the revenues.
ill every way to act as the Nation’s Chief Executive, should oc­
Bel»mHungary's civil list______________________________________
U
_____
_ _ _ _
_
__
ii casion demand.
The Speaker of the House o f Representatives occupies a posi­
Gennnn a
ark’
n
ErmiJi0? ’ a, httle less than__________________________ — 2 ef 1 tion next in honor to the Vice-President and second in power
Greero a„Ilttle less than_____________________________ g of 1
only to the President himself.
Italy
m i,ttle morR than------------- -------------i£
Upon the honesty, ability, and justice of judges rests the very
Porti i , erlan(lst a little more than--------------------------------- i of 1 stability and duration of our Government itself.
Mr. President, in conclusion I would ask, Do the American
ServHaniai.a Nttle lcss ------------------------------------------------------------11 people in this age of enlightenment and national and individual
dynamic efficiency want their leading great offices restricted to
France
i—
l o t 1 rich men only? Do they want their public servants to be under
obligations to any persons but to themselves? Do they want
France is very rich: she is very frugal; she is a republic; she to repay good service with selfishness and unappreciativeness?
s not ungrateful; she pays her President $114,000 as an annual N o; most certainly not. W e all know that the American people
! * Iary and $114,000 for expenses; total, $228,000. Her estimated are just, generous, and appreciative, and I feel sure that if this
° at'onal wealth Is $54,250,000,000— less than one-half of the question was submitted to the people, they would practically
wealth we boast by twenty billions, and upon that as the basis or unanimously vote to give their loading public servants much
S
tax-paying capacity she raises $691,349,500, a sum only higher compensations than those provided for in this bill.
? 8,000,000 less than we raise on a basis of $127,625,000,000 in /
Mr. O W EN . Mr. President, the question before the Senate
“ tonal wealth. If our revenues were really raised on the I is not as to the expediency of increasing t he salaries as proa'Ional wealth, and in a sense they are. and we were paying I posed in this bill. The question before ihe Senate is not whether
eiatively the same tax on it that the French people pay on I it is wise or unwise. The q u estio n which the Senate has befoie
^rs, then our revenues would reach more than fifteen hundred it is to determine whether under Rule X\ I this amendment can
umUon dollars annually, and our President's salary and civil ; be placed in a general appropriation bill.
would represent about one twelve-hundredth part of l per
I do not wish to detain the Senate in considering this matter.
I believe it is the feeling of the majority of the members of the
1 * ° f that revenue.
1
TABLE IV.
Senate that these salaries ought to he increased, and certainly
Showing the percentages of the revenues paid theii minis bj without straining Rule X V I by a forced construction this purpose
v m be accomplished under Rule XU. which permits the Senate
American republics in the form of civil lists:
Per cent of
to suspend, modify, or amend any rule which may be interfering
the revenues. with the action desired by the Senate. I think it would be an
Mexico _
______________________
i of 1 unfortunate thing for the Senate to make a forced construction
a uttfe
i m ----------------------------------£ ? !} of Role X V I, because it has been found by long experience that
J ^ t in a a little less than__________________________
^ of 1 general legislation ought not to be permitted on a general ap­
propriation bill, and this rule,is a wise one and should be coui’ rn1 a 0*tle over___________________________________ _________
Istrued in accordance with its plain meaning and not encourage
its iireach by a forced construction for mere expediency’ s sake.
The actual salary of the President of the United States was
I wish to call the attention of the Senator briefly to the fact
ORe fourteen hundred and fifteenth < tA t )
} 1>ei c^ 1
! that paragraph 1, under its usual and reasonable interpretation,
•f the revenues of the Government for 1904, when they amounted
in no wise conflicts with the proper Interpretation of paragraph
10 upward of $707,050,000.
T. 1
ft 3. Paragraph 3 is peremptory. It declares in the most posi­
Perhaps with pride we can point to this last item. It detive manner that “ no amendment which proposes general legisbeuds upon who does the pointing and the view point. W e cer-







1030

CONGRESSIONAL RECORD— SENATE.

lation shall be received to any general appropriation bill.” The
Senate has repeatedly construed that provision of paragraph 3.
It did so only a year ago. On March 21 the Senator from Ar­
kansas [Mr. C l a r k e ] proposed an amendment that the judges
of the district courts of the United States shall be allowed the
Bum of $6 per day as expenses of travel, and so forth, an item
which had been passed upon by the Judiciary Committee and
was offered because of that fact. But because it was general
legislation, obnoxious to paragraph 3 of liule X V I, the President
of the Senate very properly sustained the point of order made
against it by the Senator from Illinois [Mr. Cullom ]. I wish
the decision in that case incorporated in my remarks.
The VICE-PRESIDENT. Without objection, permission is
granted.
The matter referred to is as follows:
[From Congressional Record, M
arch 21, 1008.]
M Clarke of Arkansas. M President, I am authorized by the
r.
r.

J

a n u a r y

18,

been decided and passed on by the courts of nearly every State \
of the Union— New York, Pennsylvania, New Jersey, California, j
Missouri, .Mississippi, Florida, and many others— and these I
authorities I desire to submit to the Senate; and without taking I
the time of the Senate or trespassing upon its patience by read- 1
ing these authorities, I ask permission to incorporate the de- I
cisions of the courts of the country upon these terms “ general I
la w ” and “ general legislation,” and the “ definitions” set I
forth in their opinions. I think the Senate ought to have its
a t t e n t i o n called to the views of the courts defining “ general
legislation.”
The judicial interpretations and definitions are as follows: j 1
GENERAL LAW,

The term “ general laws ” is one which has been employed to desifnate different classes of laws. Examples of its various signification aye
given in Bouvier's Law Dictionary, where it is shown that its use js
common with reference to the subject-matter of statutes, as well i s
extent of territory over
intended to
?
•
Judiciary Committee to offer the amendment which 1 send to the desk. to the it is shown to lie in use which statutes areof “ private,” operal >
There
as the antithesis
also f
I ask that it be made an independent section.
“ local,” and also of “ special ” statutes, and it is said that “ in deci 1
The Vice-President. The Senator from .Arkansas offers an amend­ ing
or rot a
general, the purpose
act a: id
ment from the Judiciary Committee as a separate section, which will he the whetheron which given law ismust be looked to.” of the writings
objects
it operates
Legal
stated.
abound with instances where enactments
the general law-maki
The S ecreta ry . It is proposed to insert as a new section the fol­ department are mentioned as general lawsofby way of distinguish! ig
ig
lowing :
them from municipal laws. (Southern Express Co. v Citv of 'fust®'
“ That hereafter the judges of the district court of the United States loosa. 31 South. 460 461: 132 Ala., 326.)
shall be allowed the sum of $0 per day as expenses of travel and at­
A law may take its general nature either from its territorial com ­
tendance for each day that any such judge shall be necessarily absent
or from the
or from bolt*from his place of residence in holding court or in the discharge of other | prehensiveness, of a general nature of its subject-matter subject-matt T
A law may be
nature notwithstanding
judicial duties in any other place in the district whereof he is judge. is of a local nature; its general nature being aloneits’ to its ter 1
due
That for the purposes of this act any such judge shall be deemed to torial comprehensiveness. A law which is general by reason of Dreside in that place in his district in which his time is principally cm j territorial comprehensiveness only can no m be limited in its opei *
ore
ployed in holding court and otherwise discharging his official duties. | tion territorially by a subsequent special law than one which is generu
Said sum to be paid upon the written certificate of such judges, and j in ^the nature oMts subject-matter. (Alathis t\ Jones, 11 S. E., 101S
.
such payment shall be allowed the marshal in the settlement of the ;
accounts of the United States.”
Constitution, article 11, section 6. declaring that cities or towns hei^:
M Clarke of Arkansas. Just a word in explanation of the amend- ! tofore or hereafter organized, and all charters thereof framed or adopted
r.
ment.
by authority of this constitution shall be subject to and controlled Iff
A Cullom. M President----ir.
r.
­
M Clarke of Arkansas. If the point of order is to be raised against general laws, does not mean the general laws the legislature is com
r.
manded to pass for the incorporation, organization, and classiiicnthy
the amendment, I shall not take a moment of time in explaining it.
in proportion to population of cities and towns, or amendments thereto,
Mr. Cullom. Mr. President, I wish to make the point of order against
because it is by the constitution left optional with cities and towns R
*
the amendment.
the
e d under
M Clarke of Arkansas. Then it is useless to take the time of the existence whenacts constitution was adopted to become o rg a n izelect- R
r.
such general
of incorporation or not. as they shall
Senate in discussing the amendment.
means such general laws as shall lie passed by the legislature oth<
?l
The V ice -P r e sid e n t . The point of order is sustained.
than those for the_ineorporation. organization, and c la s s if ic a tio n J >
J
Mr. Culberson obtained the floor.
— *
cities and towns. (Thompson v. Buggies, 11^Pac.’, 20,20 ;69 Cal 4Go-l
Air. Clarke of Arkansas. Air. President—
1
—
The V ice-President. Does the Senator from Texas yield to the Sen­
AS RELATING TO ALL OP A CLASS.
ator from Arkansas?
The word “general ” comes from “genus” and relates to a whfll •
A Culberson. I yield to the Senator from Arkansas.
ir.
A Clarke of Arkansas. M President, I think I yielded prem I genus or kind; or, in other words, to a whole class or order. Hence U
ir.
r.
aturely on the matter of the amendment which I just offered. I ought law which affects a class of persons or things less than all may be *1
to have carried my statement a little further. It is an amendment sug- ! general law. (Brooks r. Ilyde, 37 Cal., S66, 376
gested by a standing committee of the Senate, and I doubt if it is sub- j d statute which relates to persons nr things as a class is a genera* y
law. (Clark v. Finley, 54 S. \V., 343, 345; 93 Tex.. 171. Ewing®’ l
.....................
ject to the point of order raised by the Senator from Illinois.
o.,
Hoblitzelie. 85 A 64, 78. State ex rel. M m l v. Pond, 95 M
Io.,
u
Air. Cullom. It would certainly be the enactment of new legislation.
o-.
.,
M Clarke of Arkansas. That may be true, but any amendment is 641; 6 S. W 469, 471 (citing State ex rel. I.ionberger Tolle. 71 M ’
r.
ih.ij state
rei.
ituiu***-Herrmann, jo mo ,»hj
o.,
new legislation. If it were not new legislation it would not he an 645).. State ex rel. Harris r. uerrmann, 75 M ., 340,, odu. Hamman
o..
amendment: but does jt propose ihe kind of new legislation that is pro- : Oentral Coal & Coke Co., 56 S. \V.. 1091, 1092; 156 M 232 (quotm*
Lynch v . Alurphy, 119 M 163; 24 S. \Y., 7741 . Van Riper t\ I
o..
hihited by the rules of the Senate?
M Cclloji. I have no question but that it is in conflict with the 40 N. J. Law (11 Vroom), 1, 8. Sawyer r. Dooley, 32 Pac., 4 3 7 . 44 ' ■' . .
r,
Nev., 390. Central R Co. v . State Board of Assessors, 2 Atl.. 789, •*’ ’ I
.
rules of the Senate.
.
A Clarke of Arkansas. I believe I shall ask for the judgement of 48 N. J. Law (19 Vroom), 1; 57 Am Rep., 516. Cox r. State, 8 ® {
ir.
App.. 254. 289; 34 Am. Rep., .746. In re New York Elevated K j
the Chair on that proposition,
^
„ (1ireC
t|
M Cullom. All right. I call attention, A President, to paragraph j <N: Y.), 3 Abb. iN. C.j, 40l, 417, 422.)
r.
ir.
1
The numlier of persons upon which the law shall have any “ ^ j
3 of Rule XVI, which provides that—
son
R
■1
“ No amendment which proposes general legislation shall be received effect may he very few, by reason of the subject to which » reu 1j,e!
upon "
witn** 1
*
to any general appropriation bill nor shall any amendment not germane hut it must operate equally and uniformly -----• all brought amn,D ,prj
or relevant to the subject-matter contained in the bill be received: nor relations and circumstances for which it provides. A statute, in myn I
pro„.„.---- against ..11 rtf lejiista ? *
---- f.
shall any amendment to any item or clause of such bill be received to avoid a conflict with the prohibition ------- 1 special the ci*1® t
_—
must lie general in its application to the class, and ail of tne [mily]
which does not directly relate thereto.”
It seems to me the amendment Is clearly outside of the rule.
within like circumstances must come within its operation. . ‘ tg f
)
M Clarke of Arkansas. A President, I probably did not state to Leader v. Cameron, 41 Pac., 635. 639; 3 Okla., 677. Gay l n
r.
ir.
the Senator from Illinois that this amendment was heretofore offered i 46 Pac., 378, 586; 14 Utah. 383.)
- t e oD:
by the Senator from Alinnesota [Air. Nelson] and was intended to bo j A general act Is one which has room within its terms to opera* ) i
proposed to the bill providing for the sundry civil expenses of tie1 all of a known class of things, present and .
1
prospective, and not “ .A]
.
B ■
“
gH
Government. It was referred to the Judiciary Committee, and what I on one particular thing, or on a particular cla H ' things. existR>f y
now offer is the provision which was agreed upon by that committee, i the time of its passage. (City or Topeka v . Gillett, 4 l’ac., 800,
which directed me to present it to the Senate.
32 Ivans., 431.)
Air. Cullom. It is entirely new legislation.
A general law Is one framed In general terms, ri ieted to n0|
L h*c*q
-ts
The V ice-President. Does the Senator from Illinois understand that locality, and operating equally upon ail of a croup of onjeois w
having regard to the purposes of the legislation, are dlstlnguisn«* ^
this proposed amendment in any way changes existing law?
d and important to make them a
characteristics sufficiently marked —J '-----*—* *--- “** ,,1< a " ,rn
A Cullom. I think it clearly does so.
ir.
o.
<
The Vice-President. O that ground the Chair wilt sustain the by themselves. (Trenton Iron C v. Yard. 42 N. J. Law (IS
n
357, 363. Riper v. Parsons, 40 N. J. Law (11 Vroom), 123, 1-b ~J • j
-point of order.
/

Mr. OWEN.
that—

Under paragraph 1 of Rule X V I it is provided JU a ’law’is general when it applies
C

equnlly to all persons embr«c«dj^»l
class founded upon some natural or extrinsic or constitutional o ,yji
rticular
tion. It is not general or constitutional if it confers v.,.iditioa in th§
a in
leges or imposes peculiar disabilities or b u rd e n s o m e condlLon^^^.,^
eUi'
exercise of a common right upon a class of persons ai-bitrarily 8 >
’
,r ”l
from the general body of those who stand In precise! v the same I,eC
tion to the subject of the law. (Robinson v . Southern o f rn . 38 J
Pasadena
94, 98; 105 Cal., 526 ; 28 L It. A., 773 (citing City
.
Stlmson, 91 Cal., 238; 27 Pac . 604).)
jt'r
li
General laws are those wiii ■ relate to or bind ail wIttaln the in
of the lawmaking po t limited
diction 01 me lawmaKin^ povver., inmieu as that
vuai
* • tilJrjlW
territorial operation or by constitutional restraints. A lav a|.|,utioi
to all the count ies of a class as made or authorized by the ,onij>.j,.g of
1
Numerous items may be Inserted on an appropriation bill is neither a local nor a special law. If it applies to ail the c o i anj
V
under the language of paragraph I without in anywise contra­ a class authorized by the constitution to be made, it is general1* ; v il|
which
vening the prohibition of paragraph 3, forbidding general legis­ whether there may be few or many < nitlos to r. M Its provi P., H »]
>
urphey
apply is a matter of no consequence. (Cody
lation on a general appropriation bill.
1082; 89 Cal.. 522.)
Mr- President, under the term “ general legislation” there*
—
While it - true that a law which- applies to all of a class *? *ip.g t]
is ......................................
a
snould be no manner of doubt, because the Question of what i*3 5 held to l> , general.. ^ it is equally true that Dundee Mortga« 'onl
3
e a general law, it is equally true tlin one which
law,
L
—
111
general law the nnestinn nf mint
„„„„„ , , . ,
, 3f only a part of a class Is n special law, Tims, in mmuvi •
|
W’ tue (luebtlou ot what is general legislation, has/l investment Company v. S*hccl District No. 1 of Multnomah to-1*
*
No amendments shall be received to any general appropriation hill,
the. effect of which will be to increase an appropriation already con­
tained in the bill, or to add a new item of appropriation—
Except under certain conditions, that is—
unless it be made to carry out the provisions of some existing law
or treaty stipulation, or act, or resolution previously passed by the
benate during that session; or unless the same be moved by direction
of a standing or select committee of the Senate, or proposed in pursuance of an estimate of the head of some one of the departments.

_____

1031

CONGRESSIONAL RECORD— SENATE.

1909.

(IT S.), 19 Fed., 359, it was said that an act providing for the assess­
.
ment of mortgages is so far a general act; it comprehends the genns.
But an act providing for the assessment of all mortgages for a snm ex­
ceeding .$300 or not payable within one year from the date of their
execution is special; it comprehends only a species of mortgage. Hence,
a statute relating to the taxation of railroads which does not compre­
hend all hut only two county railroads is not a general law. (People v .
Central Pac. R.'Co., 23 Pac., 303, 309; 83 Cal., 393.)
A statute for the assessment and collection of taxes which applies to
all incorporated cities and towns in the State is a general and not a
special law within the meaning of the constitution. (People v . W
al­
lace, 70 111., 080, 681.)
A law embracing all cities or all townships is a general law within
the meaning of the constitution, because of their marked peculiarities.
They are by common consent regarded distinct f o r m s of municipal
government, and so constitute a class by themselves. (State v . City of
Trenton, 42 N. J. Law (13 Vroom), 487.) Hut where an act authoriz­
ing township trustees to pay for macadamizing streets, etc., excepts from
its operation certain townships, it is not a general law. (Dobbins v .
Northampton Tp., 14 Atl., 587, 589; 50 N. J. Law, 496.)
AS RELATING TO ALL IN LIKE CIRCUMSTANCES.

A law is general and uniform if all persons in the same circumstances
are treated alike. (D. II. Davis Coal Co. v . Polland, 62 N. E., 492-196;
15? Ind. 607.)
Paws are general and uniform, not because they operate upon every
Person in the State, for they do not, but because every person that is
brought within the relations and circumstances provided for is within
law. They are general and uniform in their operation upon all
persons in the like situation, and the fact of their being general and

class. (Bloxham v . Florida Cent. & P. R. Co., 3o Fla., 62o, i33; 17
South., 902, 924, 925.)
Laws are general if they apply to a class, though the class may be
very limited, or even where there is but one of the class; but the law
m u s t be general in its application and embrace all of the given class,
and not be specific in its application to a particular person or thing.
In State v . Cooley (58 N, W., 150; 56 Minn. 540) it is said another
proposition that may be laid down as beyond the question is that, it
the basis of the classification is valid, it Is wholly immaterial how
many or how few members there are in the class. One may constitute
a class as well as a thousand, although, of course, the fewer the num­
bers the closer the courts will scrutinize the act to see that it is not
an evasion of the constitution. (Guthrie Daily Leader v . Cameron, 41
Pac., 635, G39; 3 Okl., 677.)
,
A law formed in general terms, restricted to no locality, broad enough
to reach every portion of the State, and abating le gisla tive commissions
for the regulation of municipal affairs wherever they exist and operat­
ing equally upon all of them. Is a general law without regard to the
consideration that within the State there happens to be hut one in­
dividual of a class or one place where it produces effects. (Van Riper
v . Parsons, 40 N. J. Law ((11 Vroom), 123, 125; 29 Am. Rep., -10.)
General laws are those which relate to a whole class of persons,
places, relations, or things, grouped according to some specified class
characteristic, binding ail within the jurisdiction of the lawmaking
power, limited, as the power may be, by territorial operation or b y
constitutional restraint. It is none the less general though at the time
of its passage there may lie but one, or in fact not one, individual of
the class thus created, provided it he reasonable and not illusory in its
generalization, and provided that the circle or ring of classification he
such as to remain open to receive the potentials which may arise bear­
ing the peculiar marks of the class. (Groves v . Grant County Court,
26 S. E., 460, 463; 42 W Va., 587.)
.
AS PUBLIC ACT OR LAW.

A general act is one which regards the whole community, and is used
oiiA , avv is to he regarded as general only when its provisions apply to
au objects of legislation distinguished alike by qualities and attributes as synonymous with “ public act.” (Ex parte Burke, 59 Cal., 6, 11;
43 Am. Rep., 231.)
”hlch necessitate the legislation or to which the enactment has maniStatutes relating to all the municipal corporations of the State^are
relation. Such law must embrace all and exclude none whose conlaws. (Thomason v Ashworth,
615, 618; 73 Cal., 73.)
muons and wants render such legislation equally necessary or appro­ generalstatute which affects .the public at14 Pac.,though operating within
Any
large,
priate to them as a class. (Warner v . Iloagland, 51 N. I. Law (22 the limits of a particular locality, is generally declared to be a public
.
*room), 06. (58, 10 Atl., 166; “ ' ■ ‘ v . “ ood, “ Atl., 286 ; 49 N. ,T statute. The terms "general” and “ public” law are frequently used
Randolph W ' 7
I
^aw (20 Vroom). 85; on error, 15 Atl., 271, 275; 50 N. J. Law (21 synonymously, but they are not the equivalent of each other. Every
1 on00?), 175 Heifer frh Simon, 53 N. J. Law (24 Vrca "public law, but every public law, as de. I generaMaw'Ys necessarily"
Mat V
........A
C S is not a general law. A general law. to a la w which operates
*. O'Donnell, 37 Atl., 447, 449; 60 N. J. Law, 35.)
throughout the State alike upon all the people or all of a class. Any
CHARACTER OF Sm .rE CT-M A TTE R .H ^B
law affecting the public within the limits of the county or community
it without undertaking ro aiscnmmaic nicely or define with precision, would be a public law, though not a general law. The effect of the
mineruiKing to discriminate mceiy or ueuue w.iu prvcumm,
()nU be said that the character of a law as general or local depends ;statute, more than its wording or phraseology, must determ ne its t a
i?-v
the character of Its subject-matter.
If that he of a general nature. Iacter as a public, general, special, or local statute.(Holt v . City o
wh' L throughout the State, in every county, a subject-matter in jBirmingham, 19 South., 735, 736; 111 Ala., 30.).)
n®
A law is general in the broad sense of the term if it extends to the
then the
law“ -_u|l, tbe citizens have a common Interest,
or the whole
bv
relate to and regulate it are laws of a general nature, and, whole State,the purpose of of a legislative class of localities legitimately
created for
general legislation. A law is
In the
th*
of the prohibition referred to, must have uniform operation restricted sense of the term as it is used in constitution, general 7 sec­
article
Rjtoughout the State. (State v . Davis, 44 N. E„ 511, 512; 55 Ohio tion 21. not only when it Is'general in the broad sense thereof, but also
\ i (quoting Kelley v . State, 6 Ohio St., 269).)
it Is of that character in the
of being public,
apenirnii w framed in general terms, restricted to no locality, and operating when n T to a single subdivision of senseState, as a county,but if itcity,
i> v
tho
J,ua‘‘y upon all of a group of objects which, having regard to the ; r village or a collection of such localities not constituting atown,
legitimate
mai-va8 of legislation, are distinguished by characteristics sufficiently
for the
legislation,
in character.
8U „i i and important to make them a class by themselves, is not a cfa's thereof is generalpurposes of in the sense it is local the two teims
p
W
hen* a law
and public
indicated,
v ralT local law, “ but a general law.” (Van Riper v . Persons, 40 are synonymous. (Milwaukee County v . Isennng, 85 N. W 131, 133,
*
or
.,
Law (11 Vroom), 123, 29 Am. Rep., 210.) To justify separate
M atIon for town or counlies, there must be something in the subject- 13General^l;iw is synonymous with public law, and in this country
si
muter of the enactment to call for and necessitate such legislation.
.A t relate
of
In? u®Cleveland. 19 Atl.. 17. 19; 52 N. .T Law (23 Vroom), 188, cit- ♦bp lawmaking power, limited» thftt aU
r
.
(1
Hammer v . State, 44 N. J. Law (18 Vroom), 667.)
Constitution,
operation or bv constitutional restrictions. As used in tons banking
article 11 section 1, which provides that corporations without
F R O D C A A O Y P O ISIO .
OM R ELRT R R V N
nmver* or privileges
u;
<
uuw»
-*
1
Tho term “ general law ” in constitution, article 7, se ctio n 2 1 , nowers created by special act, terminatedonly as ft'— ■ laws, but shall
section 21, not' he* or M’iVilegCS may be lenuiuaicu under general to special, and
it
used
opposite
nrovlcling that no general law shall he enforced until it is published, without anv design of indicatingisthe public or private charactei of the
which are — k by their own nature, but Yw-that i l it means those laws which relate to all of a class, instead
includes all public
1 m such
---thU.aws which by their own nature are private, but by a provision of to one or a part of that class. But as used in constitution of Wis­
n
,-are declared to be public. (Burhop v . City of Milwaukee, 21 consin article 171. section 21. which provides that no genera law shall
” *8., 257, 259.)
published,
contradistinguished
cltL,n aI-t Is nevertheless general, though it may not operate on all be enforced until but in its it is used not as namely, public law, from
r
usual meaning,
the
r the State. If it is general and uniform throughout the State, local oof special,
object
the prohibition being the protection of ■
the people1 by preventtho
<> ,
•*
",th!n
! » .. . . uu ail or a certain mass ui ™ o.. Who** brought « j g g | in5 th. ir rights and interests from being aitecten oy laws or
«» *» <* * <*«»>" <■«* ».»!» all
ition. The f<s
&
.
5
S
B
K
S
w
w
& t - v , ■ * » -“ » * «f » « • » *
<ciark*• c ,t y ° f
1 0 m s^ “lesson of flu a(> does not control; and u . i t it is general In form j o >• 1
nr _
'jl « ■ «ci uw m u tuuuui, imu ultbougli
* t m
ii
TERRITORIAL rmrp»«:TTrvsrvj:vi!fis.
COMPREHENSIVENESS.
uL^r^ense. If it necessarily produces a special result, it can not he
A ceneral act is one applicable to every part o t the ■ommonwealth,
C
uPheld. (state v . Hunter, 17 l’ac., 177, 184; 38 Kans., 578.)
K
one that applies to the whole State. (Davis v. Clark, 106 Pa., 377,
NUMBER IN CLASS.

J A law Is general if nothing be excluded that should be contained,
of i!le only limitation contained in a law is a legitimate classification
objects, It is i\ general law. lienee if the object of the law has
nnracteristics so distinct as reasonably to form, for the purpose leglso ^ 1 «P°n, a class by itself, the law is general, notwithstanding «
grates upon a single object only, for a law is not general because It
^Perales upon even- person In tlie State, but because every person>that
(t ho brought within its predicament becomes subject to Its operation.
?
(Buddc. Hancock. IS Atl.. 1023, 1024 ; 66 N. L I^w,_133( i ___
.ji^
..The fact that an .ct Is millv applicable to but one municipal corporalon, or, lu other words that there is but one which, at the time of its
"•etipent. comes under Its provisions, is uot sufficient ^ “mice a law

SKV gileraI1
'ac?°tts
eS0neS^w
hich’ regulates the common.good of aU the
inhabitants within the State. (State v . Murray, 17 South., 832, 834,
47, L aI
34iiplnndpr 187 Ga 444 ; 13 S. E., 632) it is said a law,
. V1 Vr.in"1 mint owrate uniformly throughout the whole State upon
,
!]
the subjecta > dass TsubjcctswiS which ft purports to deal; so that
<r
an act ’elating to the power of municipalities and counties to grant

S In fS n that r .law
S order a S a

s

* so“-

may be general it must he of force in every
‘"twin the State; and while it may contain special provisions making
Hs effect different in certain counties, those counties can not be exempt
frnm its entire operation. (Carolina Grocery Co. v . Burnet, 39 S. E„
•* 1 3 8 4 - 61 S C 205 ; 58 1 , It. A., G (citing Dean v. Spartansbnrg
8
S7
rn V i 8 C 110 37 S. E., 226),)
a statute is not special or local merely because it authorizes or probir«
equally'as wdT as on'the’basis oT population ;^
and an act by its terms M the doing of a thing in a certain locality. It is, notwithstanding
appilcablo only to a Rv having an Indebtedness to the amount of this fad a general law if it applies to all the citizens of the State and
deals w ith a matter of general concern. (State R Corson, 50 Atl,, 780,
.
payment' of whldi it 1ms defaulted, is a general law.
785 ; 67 N. J. Law, 178.)
^‘ p’constitution forbidding the legislature to
h
A T O IZA IO O C
U H R T N F ITY T ISSU B N S
O
E O D.
Pass
and collection of taxes, j
local
?
„”f
act authorizing a city to issue bonds for stock in a
and pr<*"!mg that all laws ior i m • be geneiat a nd " o f uniform opera- i r0a legisla tive is not a general law within a constitutional provisionrailsuch laws shall
a <
terms,1emod company
retion ‘ ‘
bruc«,H .?i'r1 1 thf i?tate’ an.,aat
',u
f
In the State, is a general ; ouiring that all general laws shall be published before going into effect.
"3 aUh" gfi’
butTn^Slroad in the State to"which ^ f f i g v. Racing (L. 8.), 15 Fed. Ca,. 1103.)
act applies, a statute' w h ich rela tes to persons o r th in g s ns a ;
classification of m u n ic ip a l c o r p o r a t io n s .
' '„8S ,s a general law, while a statute which relateB 1o paruuiiia pe t
!aw framed in general terms, restricted to no locality, and operating
StahS fro^^-specia!1 meanfall' of li° cCs inshead 'of part of a i equally upon all of a group of objects which, having regard to the pur,”H







1032

CONGRESSIONAL RECORD— SENATE.

.Ta

xtja r y

18,

'poses of the legislation, are distinguished by characteristics sufficiently all laws relating “ to the organization, jurisdiction, powers, proceed­
marked and important to m them a class by themselves is not a ings, and practice of all courts of the same class or grddes ” shall be
ake
special or local law, but a general law. The classification must be just uniform. Therefore neither section operated to render unconstitu­
] and reasonable and not arbitrary. Under these principles the act of tional a law providing for the establishment of probate courts only
iM
arch 20, 1882, authorizing incorporated villages having within their in counties of over 70,000 population. (Knickerbocker v . People, 102
1 .,
1 limits a college or university to provide against the evils resulting from 1 1 218, 222, 229.)
• the sale of intoxicating liquors therein, is not repugnant to the proviREGULATION OF DISPOSAL OF PUBLIC FUNDS,
| sions of the Constitution that acts relating to municipal corporations
An
of a portion of
public
of the
| must be of a general nature. (Bronson v . Oberlin, 41 Ohio St., 476, 481; State act regulating the disposal disposed of/ by thegeneral funds of the
previously regulated and
a
law
| 52 Am Rep., 90.)
.
State is itself a general law. (State v . Iloeflinger, 31 W 257, 262.)
is.,
In discussing the validity of a law as being a general law organizing
REGULATION OF LIABILITY OF EMPLOYERS.
j courts or a local and special one, the court said: ‘ It is plain, therefore,
' that any change in the jurisdiction or practice of these courts must be
An act providing that railroad corporations shall be liable to theirl
made by general law, operative not in one county or State, but in all employees for any neglect of their agents or any mistakes of the en-j
the counties and all the States in the Commonwealth; and so con­ gineer or other employees is general and uniform within the meaning*
fusion seems to exist in regard to the definition of ‘general law,' and of the constitutional provision. (McAunich v . Mississippi and M R J
.
the theory has been advanced in several recent cases that the division Company, 20 Iowa, 338, 342.)
of the cities of a State into classes, which was recognized as a neces­
REGULATION OF MUNICIPAL ELECTIONS AND OFFICERS.
sary classification, requires us to hold any law to be general which
A statute which changes the powers and duties of municipal officer*
embraces all cities without regard to the subject to which it relates.
This theory overlooks the object and purpose of the classification set in important respects is a general law, and has uniform operation if it
forth in the act. These are to make provision for municipal needs is made applicable to all citizens or to all of a class. (Heilman d.
j
of cities which differ greatly in population. Difference in population Shoulters, 44 Pac„ 015, 918; 114 Cal., 136.)
makes it necessary to provide different machinery for the administraAn act entitling “An act relating to cities of the first class in this
ton of certain corporate powers and duties of certain corporate officers State, and providing for the holding of municipal or charter elections
corresponding with the needs of the population to be provided for. therein, and regulating the terms of elective and appointive officers
arch 18, 1S97, is a local and special law regu­
But an act relating to improvement of streets, which is limited to cities therein.” approved M
of second class, having no peculiar provisions which would not be ap­ lating the internal affairs of towns, and is not a general law. and for
plicable to other cities, is not a general law.” (Appeal of W
ilbert, 21 that reason is unconstitutional. (Hoos v, O'Donnell, 37 Atl., 447, 449;
60 N. J. Law, 35.)
j
Atl„ 74, 75; 137 Da., 494.)
Act June 28, 1879 (Pub. Laws 1879, p. 182), providing for liens
Act February 28, 1901, providing that all municipal officers required
for labor and material on oil wells, and “ that the act does not apply to be elected shall be voted for and elected on the first Tuesday after
to counties having a population of over 200,000 Inhabitants,” is a local the first M
onday of November in each year, and on the same official
or special law within the meaning of the Constitution prohibiting ballots required by law for the election of state and county officers
the passage of any local or special law authorizing the creation, exten­ and not otherwise, and fixing the terms of officers elected or appointed
sion, or impairing of liens. There is no dividing line between a in cities, and the manner of their appointment is not unconstitutional
local and a general statute. It must be either the one or the other. as being special and local regulating the internal affairs of cities id
If it apply to the whole State, it is general; if to a part only, it is contravention of “Constitution, Article IV, section 7, paragraph, ID
local. As a legal principle, it is as effectually local when it applies to prohibiting private, local, or special laws regulating the internal affairs
65 counties out of the 67 as if it applied to 1 county only. The ex­ of towns and counties, since cities are a distinct class and within the
clusion of a single county from the operation of the act makes it local. common-law classification laws relating to their internal affairs »re
A general statute must be applicable to every part of the Common­ general," (Boorum v . Connelly, 48 Atl., 955, 95S; 66 N. J. Law, 19* >
88 Am St. Rep., 409.)
.
wealth. (Davis v . Clark, 106 Pa., 377, 384.)
A law is none the less general and uniform because it divides the
REGULATION /)F OYSTER BEDS.
subjects of its operation into classes and applies different rules to the
An act regulating the cultivation
in certain tidal
different classes. W respect to political subdivisions of the State, lying wholly within the counties of of ovsters is not soeeial orwater
ith
the State
ideal
the supreme court of Pennsylvania lays down the rule that the only
within the prohibition of Constitution, Article IV. section 7 paragraph
proper classification is by population. W are satisfied the rule is
e
altogether too narrow. A general law for the incorporation of vil­ 11, the matter regulated being of general concern and applying ,0
lages that conferred certain powers and privileges on villages lying all citizens. (State v. Corson, 50 Atl., 780, 785; 67 N. J. Law, 178.)
on rivers but not on inland villages, if it operated alike upon all
REGULATION OF PRIVATE CORPORATIONS.
villages In that situation, could not be called special legislation. A
An act authorizing the
benevolent societies and
law. general in form but special in operation, violates a constitutional providing that corporations incorporation ofthis act shall be cap*p,e
formed under
inhibition of special legislation as much as though special in form. A of taking reai or personal property by devise or bequest not applyI0
/
law is general and uniform in its operation which operates equally to
organized or
other acts *
upon all the subjects within the class of 'subjects for which the rule not corporations previouslyState. (Cole v effected under Y. Supp-, 308s
a general law of the
. Frost, 4 N.
,
is adopted. (Nichols v . Walter, 37 Minn., 264, 271; 33 N. W 800.)
.,
310; 51 Ilun., 578.)
An act providing for listing and assessing personal property In
A law applicable to existing a n d future corporations would l,e
Indian reservations and unorganized territory at a different time from general, and one confined to existing corporations would also
that fixed for listing and assessing such property in organized counties general. Both laws would at the time of their enactment apply
is a general law. (Gay v. Thomas, 4G Pac., 578, 586; 5 Okla., 1.)
precisely
until further c p an
Bv the provision of article 11, section 6, of the constitution cities came into the same existing subjects, a n d the same control. o m(In ies
would have precisely
re
are subject to control by the general laws. This includes the power N. Y El. Rexistence N. Y., 327, 350.)
.
. C 70
o..
to provide that in cities having a certain number of inhabitants every
A statute which imposes certain legal duties upon corporations in com
justice of the peace shall be provided by the city authorities with a oral and makes provision intended to secure the performance of these
suitable office in which to hold his court. (Bishop v . Council of City duties by corporations is a general law. (Skinner v . Garnett Gold M
in­
of Oakland, 58 Cal., 572, 575.)
.
ing C (U. 8.), 90 Fed., 735, 743.)
o.
An act providing that passenger railways in cities of the first class
REGULATION OF TAXATION.
may use other than animal power whenever authorized by the city
The property of railroad and canal companies constitute a legitiinaj®
council and repealing all limitations contained in charters of passenger
railway companies restricting them to the use of horse power, is a general class of property for the purpose of taxation, and the law which extend®
pon"
law. (Reeves v . Philadelphia Traction Company, 25 At!., 516, 517 ; to and operates equally u all such property is a general law. (State
Board of Assessors a. State, 4 Atl., 578, 584 ; 48 N. J. Law (19 VrooW
L
152 Fa . 153. i
310.)
A bill that embraces all the villages of a State which may elect to take
W
here various counties, school districts, and other municipal corpora­
advantage of its provisions is a general and not a local act. (Arthur r.
tions owning judgments had levied special taxes to nay the same, a a".'
The Village of Glens Falls, 217 Supp., 81, 83; 68 Ilun., 136.)
The laws of 1881, chapter 554, giving to the board of supervisors of any - declaring such judgment taxes to be legal and valid was a general laws
countv containing an incorporated city of over 100,000 inhabitants where operating on every municipal corporation which had levied special taxes!
j
contiguous territory in the county has been mapped out into streets and jto pay such judgments. (Iowa It. Land Co. v . Soper, 39 Iowa, 113,
avenues power to lay out, open, grade, and construct the same, and to |
REGULATION OF SALOONS.
provide for the assessment of damages on the property benefited, is not | An act making i t a misdemeanor for th e proprietor or s u p e r in te n d e n t
a local or private act but a general law. It applies to a class and not of a public house w h e r e liq u o r is sold to permit games of c a rd s , dice, f
to selected or particular elements of which it is composed. The class etc., to be played in his premises is a g e n e l statute. (T erritory I
consists of every county in the State having within its boundaries a Cutlnola, 14 Pac., 809, 810; 4 N. M (Johns;,ra160.)
.
citv of 100,000 inhabitants and territory beyond the city limits mapped j
REPEAL OF GENERAL LAW.
1
into for streets and avenues. IIow many such counties there are now
The repeal of a public or general law can, of necessity, only be by a 1
or may be in the future we do not know, and it is not material that we
ls
j
should Whether many or few the law operates upon them all alike, public or general law. (State v . Iloeflinger, 31 W , 257, 262.)
and reaches them not by a separate selection of one or more but through
{See “ Words and Phrases Judicially Defined” from which
the general class of which they ace individual elements. (In re church, ■
above authorities are taken.)
’
,
92 N. Y„ 145.)

/„

I

ESTABLISHMENT

of courts .

Mr. OWEN.

I will also insert an extract from Bouvier

.
A general law must lie one that operates uniformly throughout the i Law Dictionary defining the term “ general law: ”
General Law. Laws which applv to and operate uniformly l,pd®
whole State upon a subject or class of subjects with which it proposes
”
to deal. Thus an act dealing with the establishment of county epurts members of any class of persons, places, or things requiring legisiai1
in order to be general and have uniform operation throughout the peculiar to themselves In the matters covered by the laws. (Binnejt
„ \
State must affect each county in the State; so that an act providing Restrictions upon I,ocal and Special Legislation.)
Statutes which relate to persons and things as a class. (77 Pm. ° n d
Pa-. ° n
for the establishment of a city court upon the recommendation of the
grand jury of any county having a population of 10,000 or more where I Laws that are framed tn general terms, restricted to no locality, rd
all of a group
having
a city court does not now exist is not a general law. (Thomas v . j operating equally upon legislation, are of objects, which, characteristic
to the purpose of the
distinguish'd by
Austin, 30 S. E„ 627, 628; 103 Ga., 701.)
Section 20, article 6, of the constitution provides that the general sufficiently marked and important to make them a class by themseivt .
assembly may provide for the establishment of a probate court “ in , (40 N J. L., 123.)
non
place
each county having a population of over 50,000.” Section 1 of : The later constitutions of many of the Stab ertain restrictions up ,Q
cases. In
the legislature as to passing special laws in
article 6 provides that “ ail law relating to the courts shall be genera! ■
-s
and of uniform operation, and the organization, jurisdiction, powers, States there Is a provision that general law: l oDiy may be passe;!
proceedings, and practice of all courts of the same class or grade so cases where such can be made applicable. . ’revisions r e q u ir in g K
* |n
far as regulated by law * * * shall be uniform. M e ld , That j laws of a general nature to be uniform in their operation do n®_P
ginctaM having
section 20 of article 6 authorized the general assembly to establish i hibit the passage of laws applicable to eiti
probate courts in such counties having a population of over 50,000 as j not less than a certain number of inhabit •its. although there be b‘li
,
it might deem best. The only effect Intended to be given by the ] one city in the State of that class. (18 Ojjo N 8., 85; Cooley, tons1
Cram cf the constitution to section 1, article 6, was to require that i Lim., 156. See 37 Cal., 366.)
ers

1

1909.

CONGRESSIONAL RECORD— SENATE.

1033

I do not believe that a great Government like this ought to
/ The wisdom of these constitutional provisions has been the subject
/of grave doubt. (See Cooley, Const. Lim 156, n.)
.
wlfh ask or to expect any of its citizens to serve it at a great sacrifice
/ When thus used, the term “ general has a twofold meaning. With
/ reference to the subject-matter of the statute, it is synonymous with of their personal interests, and I believe that the salary at/ “ public” and opposed to “ private (37 Cal., 366 ,1 4
3i - , 46 tached to every office ought to be fixed at such a sum as will
i id., 218; Dwarrls, Stat., 629; Sedgw., Stat. L., 30) ; but with reference support the incumbent in decency and comfort and enable him
I to the extent of territory over which it is to operate, it is opposed to to educate his children. But it ought not to be more than that.
| “ local.” and means that the statute to which it applies »Pei^ s It ought never to happen in a country like ours that the salaiy
i throughout the whole of the territory subject to the legislative junsdiction. (4 Co., 75a; 1 Bla. Com., 85; 83 111., 685; 87 Tenn 304, of any office is made so large as to be an inducement for men to
I 10 Wis., 180.)Further, when used in antithesis to special,
it means
; relating to all of a class instead of to men only of that clf^ - <' 1'-i seek it.true rule ought to be that those who serve the Republic
The
S 398 ; 26 Ind., 431; 22 la., 391; 77 I'a., 348; 32 Pac. Rep. (Nev.) , 440.)
.
W the constitution forbids the passing of special or local laws In shall be paid enough to provide for themselves and their fami­
hen
specified cases, it is within the discretion of the legislature to decide lies; to discharge such duties as they owe their children m the
W
hether a subject not named in the constitution is a proper subject for
general legislation; the fact that a special law is passdin relaition way of an education. The balance of the pay for public services
thereto is evidence that it was thought that a general law wouldi not ought to be taken in the honor which the office confers, ami
serve, and in such a case clear evidence of mistake is reauired
every important position within the gift of this Republic ought
validate the enactment. (81 Cal., 489; 92 Ind., 236, 10 ( ia., l o *
to be sought for the distinction and not for the emoluments. ^
Jin’deciding whether or not a given law is general, the purpose of
For almost a hundred years this view controlled in nxmg
the act and the objects on which it operates must be ooked tm lf salaries. But now we hear it said in many places that the
1 these objects possess sufficient characteristics peculiar to themselves
and the purpose of the legislation is germane thereto, they will he con present salaries are inadequate to provide for the enter t.unsidered as a separate class, and the legislation affecting^hem will b ments which high officials are expected to give. I am 1at her
general (49 N. ,T L., 856: 41 Minn., 74; 131 Ind., 446, 8< Mich., _17; inclined to believe it would be a fortunate thing to reduce the
.
124 m„ 666; 87 Tenn., 214) ; but if the distinctive characteristics of
the class have no relation to that purpose of the 'e8is^ture, or if ob­ salary if that would reduce the entertainments, because, in my
jects which would appropriately belong to the same class have been «
limited experience here, I have found that the men who enter eluded, the classification is faulty and the law not general. U ,
tain
444; 91 Pal oas- 32 Kans 431;
51 N. J. L., 402; 52
id., o 0 othe most are not the men who do the public's work the
,19
Kev., 43; 2 N.Dak., 270; 106 Pa., 377.) The effect, not the form, of best; and surely if men holding high positions are bent on
the law determines its character. (20 la., 338 , i i l _ M o .t 6 4 •?’
” spending tlieir time in entertainment they ought not to be per­
231; 53 N. J. L., 4 ; 43 Ohio St., 63
; 48 id., 211; 88 Pa., 2o8.)
mitted to spend the people’s money in that way.

/
\
\
,
|
j
i
I

!

Mr. OW EN . Under Rule X L the Senate can easily waive
Hule X V I, without forcing an unreasonable or illogical interpreta­
tion upon that rule, and I think it would he unfortunate for
the Senate to set the precedent of a forced construction of Rule
X V I. or of any other of its established rules, and to that I am
°Pposed. I feel that the salaries of our judges particularly
should be substantially increased.
In this connection i wish to make a brief comment upon a
criticism of one of the great courts of the country in the Senate
011 January 14, when the Senator from Illinois [Mr. H opk in s ]
criticised the Court of Claims for its decision in a certain ease
cli had been rejected by llie Southern Claims Commission.
Ihe Senator from Illinois took the ground that the court was
m error because the Southern Claims Commission had rejected
this case on the ground that the party had been discharged in
bankruptcy and could not hold “ title to the property ’’— refern Rg to a claim against the United States.
I call the attention of the Senate to the fact that this criticism
Vs Ull.iust, because title to that character of property can not he
.
Givested from an individual under the laws of the I nited
states, it remains in him by statute— section 3477 of the Re*
Vlsed Statutes of the United States. I call attention to this
Merely because I observe in the bill that the Court of Claims
Jas its salary fixed at $8,000 for the chief justice and $7,500
*or the other justices of that court, while the circuit court
Judges of the United States have their salaries fixed at $10,000.
I believe that the Court of Claims equals in dignity and In
character and in service any circuit court in the United
W e s . It passes upon questions of the greatest magnitude. It
Passes upon them with the greatest care. The character of evideuce required in that court is peculiarly the subject of critical
.Con8i(ieratton by that court under its rules. I make that obseryation because that court has been inconsiderately criticised
n that connection.
„
_____
1 S!1y, therefore, that I have no objection, so far as I a in co 2erued, to the proposed increases for the courts or to liberal
Appropriations otherwise for the officials of the United States
™
are involved; but I do think that under Rule XV I it can
not he done without a forced interpretation o f that rule, in
2 y °Pi»ion, a forced construction is unnecessary, because under
iule X L on one day’s notice Rule X V I can be waned
1 enate if it sees fit to do so.
.
,.
^
Mr. BORAH. Mr President, I rise simply for the purpose
?,f d ik in g the R ecokd speak what it should speak. It seems
n*at in the discussion on Friday there was some question as to
whether or not we reserved the point of order, the point o f order
^ ' i g waived for a specific time, and the R ecord does not show
that it was again presented. In order that the R ecord m
r»>
Z t ffc t IPnow raise the point of order again^ that
Portion of the bill commencing in line 14, on page 26, beginning
"it h the word “ Provided,” and reading as follows.

With me this view is not a mere appeal to what is supposed
to be a demagogic spirit among the people, for I despise the
demagogue. I have never found one of his arguments that
appeared sound to me, and even when he happens to be on the
right side I feel an almost irresistible temptation to take the
other, in order to be on a side different from him. But I ap­
peal to the highest spirit and to the best traditions of the Ameri­
can people against the increase of these salaries. There is no
phase of American life to-day, either official or private, better
calculated to alarm the thoughtful man than this tendency
toward extravagance which is manifest everywhere amongst us.
The Government itself sets the example. Twenty-five years
ago the party which is now in powr
er declaimed with gicat
vehemence against the party which was then m power be­
cause the appropriations of the Government had readied the
stupendous, and then the unprecedented, sum of $-48,000,000.
Yet to-dav we sit here and appropriate a billion as if it were a
child’s plaything. W e spend the money of this Government m
utter and reckless disregard of the fact that when we spend it
we are spending the earnings of the American people. 11ns
Government earns no money, and can have no money except
what it takes from the labor, physical or intellectual, of its
people; and this is especially true when it lays taxes upon
what men consume and not upon what they possess. Yet we
pour out this golden stream as if the people did not sweat to
earn it. and we call a man a demagogue who dares to stand up
in this high place and call a halt in public exepnditure.
But, sir, if it did not tax the labor of the people, if it did
not exact anything from their muscle or their biain, I won
still protest against this governmental extravagance, because ex­
travagance breeds all kinds of vices. Following the example
o f the General Government, almost every city, town, and vi m?in America to-day are scandalized by disgraceful jobs, and the
jieople themselves are tempted to live beyond their lncom..
The man with an income of $20,000 is striving hard to match
in gaudy show the man whose income is the pnnoely sun
$50,000. And then the man with an income oi $TO,000 tries to
live at an equal pace with liis neighbor whose income is
$• 0 000. The man with an income of $5,000 tries to match the
>
man with $10,000. Thus this extravagance, beginning with the
Government, reaches down to every circle of society, tainting
them all with its deadly poison.
Mr President, a nation that spends more than it can fairly
earn must in time become a nation of bankrupts, or rogues, or
Am blers
We perfectly understand the destination of the man
who spends more than he earns. It is the bankrupt court, the
nw ues gallery, or the gambling b all; because if he spends more
than he earns he must either go in debt for it, or he must steal
it or lie must gamble for it. That is the end to which extrava! ’ nee leads the individual, and as the Government is simply the
j aggregate o f all the individuals, that is the end to which the
* * £ r° J U Ied< Tliat the salary of the Sp^ker of the llouM of Reprc 1 Government must come at last.
There never was in the history
aentatives after March 3, 1909, shall be $20,000 pei annum.
of the world an extravagant government which did not in time
I wake the point of order that it is general legislation.
become a corrupt government, and there never will he one.
HAILEY. Mr. President, I am not disposed to
Mr CLAPP. And a bankrupt one.
the tim e of the Senate in discussing tins point
order, but I
Mr. B AILE Y. And, as the Senator from Minnesota well adds,
do desire very briefly to address myself to the merits of t
a bankrupt one.
Proposition, and perhaps I might as well do so now as later.







1034

CONGRESSIONAL RECORD— SENATE.

Now, Mr. President, I have no quarrel with the man who
being rich wants to spend his wealth. In truth, I think it
would be better for the country if most of those who are very
rich spent the best part of what they have, I am not one of
those who would limit the accumulation of any man’s fortune
so long as he accumulates it honestly. But I am one of those
who believe that it would be infinitely better for the peace and
happiness of these people and for the perpetuity of this Re­
public if we could go back to that elder and better time when
it was three generations from shirt sleeves to shirt sleeves; when
the one generation earned a fortune, another generation spent
most of it, and the third generation went to work to make
another. That was infinitely better for the peace and per­
petuity of these people and these institutions than the present
method of syndicating and incorporating fortunes until the
degenerate spendthrifts of certain great families will never be
compelled to earn their bread as God commanded they should—
in the sweat of their face. But while I would not take even
from them what the foresight of their grandfathers accumulated,
I deny the wisdom of teaching the American people that Amer­
ican public officials should imitate their habits and their follies.
I f a private citizen in New York wants to give a feast for
monkeys, he has a right to entertain the descendants of his an­
cestors, but we want no such exhibitions by our public servants.
If the President of the United States is not rich enough to
give a great banquet, let him give a modest one and invite men
to it for what they know, instead of for what they own. Let
him invite the great and upright whose purses are not their
chief claim to distinction, and such men will not complain if
his table does not groan beneath the weight of costly delicacies.
Let him assemble men there who will be glad to break his bread
amid simple surroundings. That will be better for him, for he
will learn something from such men, and God knows that even
the President is not often exempt from the necessity of know­
ing more than the best of us can hope to learn. If those who
gauge everything by splendid trappings and by extravagance do
not want to visit the White House because the entertainments
are not lavish enough, so much the better for the President and
for the country.
I belong to a class of men who regret that the capital of this
Republic has ever become a city. I wish it were still a village.
It would be better for the current of American public life that
flows from the nation’s very heart. I may offend by delivering
the common eulogy which pronounces our forefathers the great­
est and wisest assembly of men ever convoked in the history of
the world. They did not want the seat of the Government to be
in any city, and it was for that purpose that so many of them
favored locating the seat of the new Government at such a place,
not exceeding 10 miles square, as by the cession of particular
States might be selected for the federal capital. They knew per­
fectly well that the State of New York would not cede the great
city of New York, nor Pennsylvania the great and historic
place where independence was flrst declared, nor would Massa­
chusetts give Boston to the struggling Republic.
They desired an unimportant place to become the seat of the
new Government, but the trend of modern civilization has de­
feated their very wise and patriotic purpose, and we have here
a city said by travelers to be the most beautiful in the world;
and I can well believe it.
The very arguments, however, which we hear advanced in
support of these high salaries illustrate the wisdom of our
fathers in wanting the government located among a simpler and
more frugal people than those who live in a great city, and we
are exemplifying the worst effect of situating it in the midst of
a great population whose habits are not such as conduce to the
longevity of either individuals or nations.
If I could have my way I would have less entertaining and
more studying by the men who are to make or execute this
country’s laws. It is hut simple justice to the House and
Senate to say that yery few of them spend much of their
time at these entertainments. I will go out of my way to say,
what every Senator knows to be the truth, that the men who are
honored by their States with positions in this great assembly,
as well as the men who are honored by their districts with
seats at the other end of the Capitol, as a rule do their work
diligently and thoroughly. I think I am well within the truth
when I say that at the capital of no State do the state legisla­
tors work as many days in the year or as many hours in the
day as Representatives and Senators at Washington.
It can not, therefore, be for their entertainment that we are
asked to double the President’s salary. For whose entertain­
ment is it, then? The brainless dude and idle millionaire? You
do not want to tax the American people to provide entertain­
ment for them. For the diplomats? They are excellent gentle­

J anuaey 18,

men in their way. I believe it was Talleyrand who defined
a diplomat as a man who is sent abroad to lie for the benefit of
his country. I would not say that, but Talleyrand was a diplo­
mat and ought to have known what a diplomat is.
What circle is it, then, which is dissatisfied with a simplicity
which will preserve the strength of the nation, and demands
that the President’s salary shall be doubled in order that his
entertainments may be multiplied in number and in splendor?
The President is already spending $100,000 of the people's
money in addition to his salary. I have before me a list of
the appropriations, including the $25,000 for railroad fare—
and by the way, I should like to ask the Senator in charge of
this bill, and without any desire or intention to obtrude myself
upon the private affairs of the President, how this $25,000 is ex­
pended? Is it paid out from time to time as the President
travels, or does the President draw it as he pleases and then
pay his own railroad fare?
Mr. WARREN rose.
Mr. BAILEY. Before the Senator answers I want to say
that I ask the question because the answer to it will determine
what I shall say about it.
Mr. WARREN. Mr. President, the Senator from Texas has
acknowledged a modesty on his part concerning it. I wish to
say that I have exercised the same modesty on my part. I
have never made any inquiries whatever. I have assumed that
when the House and the Senate voted $25,000 to the President
for that use they expected to leave it with him and his con­
science. I have never made any inquiry, aud I would be totally
unable to give the Senator any information concerning it.
Mr. BAILEY. Mr. President, I have no doubt that the Presi­
dent has endeavored to comply with the letter of the
Neither have I ever bad any doubt about the unconstitutionally
of that appropriation. I think it is clearly contrary to the
Constitution, and although it is not exactly related to the
proposition now under discussion I want to put iuto the Record
exactly what the Constitution says about that:
The President shall, at stated times, receive for his services a com
­
pensation, which shall neither be increased nor diminished during
period for which he shall have been elected, and he shall not receive
within that period any other emolument from the United States,
any of them.
I f that $25,000 was not an emolument I do not know hmv to
define one. I believe that although the President draw it
spent it religiously, according to the very letter of the statu >
he is taking what the Constitution of the United States form
us to give him.
Mr. WARREN. Of course the Senator will agree that t
President is taking what the Senate and House freely gave m ’
and he is taking their judgment in regard to the constitut
alitv of it, whether his own might approve or not.
Mr. BAILEY. Unfortunately the Constitution does n°
.
quire the President to take our judgment, but rather comma ^
him to exercise his independent judgment and to veto wha
do if he thinks we ought not to have done it.
.
While I agree that in this case the Congress gave It to
^
I object to the word “ freely,” because Congress has no ng
be free with the public money. This money does not be
to Congress. We have put very little of it into the Tren•
It is a trust fund which we are in honor bound to give gi
ingly rather than freely.
jjg
But assuming that the President had a right to draw 1 • .
only had a right to draw it for the specific purpose to v
Congress devoted it when it appropriated the sum. and I a8g
he has done that. Leaving that $25,000 ont of the ealenm
’
the other expenditures, according to a statement wjn^n
been laid before me, reached the enormous sum of $$0,oOU.
Mr. BACON. What are the items?
n(j
Mr. BAILEY. Eighty thousand five hundred dollars over •
above tlie President’s salary for the maintenance, rcPa‘r* £or
improvement of the mansion which the Government pr°va '^aS
him at the public expense. The Senator from Georgia
asked for the items The first item is—
For ordinary—
,
Mark you, “ ordinary!” What would it bo if It were ex
dinary?
jIapFor ordinary care, repair, anil refurnishing of the ExecuJ '
and
sion, anil for the purchase, maintenance, and driving oi
..
vehicles for official purposes- t0 l)f> expended by contract or
as the President may determine, $35,000.
p
I am rather inclined myself to think if you are going
t(,e
things equal and it costs $35,000 to furnish and
rti(VJ.
house, the salary of $50,000 is somewhat out of pi'fi
jJlty
But my experience on that point is that when they get a
rej
of $100,000 they will say that a man who draws a 11 ‘
1
thousand dollars salary ought to have a better house, am

1909.

CONGRESSIONAL RECORD— SENATE.

nan and buying automobiles. I am not a protectionist, and I
would let a man buy an automobile, ju st like I would let him
buy everything else, wherever he could buy the cheapest.
Mr. W A R R E N . The product o f the farmer?
Mr. B A IL E Y . Y e s ; or of anybody else. The only addition to
that which I would make is that when he imported it, I would
make him pay a duty which should constitute his fair contribu­
tion toward the support of the Government. I would not pre­
vent him from buying an automobile abroad by law. I would
rely upon an American enough to know that he will buy from
tin American if an American will sell him at a decent price,
and if any American will not sell to an American at a decent
Price, then I think that American ought to be permitted to buy
from a foreigner who will sell liim at a decent price.
The Federal Government could never have any extensive juris­
diction over that question, but, if I had my way, I would make
^ a crime to use these automobiles on the public highways,
because no man has a right to use a vehicle on a public highway
that is dangerous to the safety and lives o f other people, and
a® automobile is dangerous. Probably the time will come when
horses will he educated to tlie point where they will not be
»fraid of automobiles; but I doubt that, for I have not seen the
time yet that r was not afraid of them.
Mr. T IL L M A N . An old man in this city was run over the
other day.
Mr, B A IL E Y . I do not believe that any man ought to be
Permitted to use that kind of a vehicle upon the public thor­
oughfares where everybody has a right to travel. Consequently,
ff the Senator from Idaho will join with me, I think we will
airike the words “ or other vehicle” out, and we will confine
the Vice-President to horses and carriages, or make him walk.
1Laughter.]
Mr. President, I am not appealing for an increase, but I do
that, as a matter o f justice and equity, if you are going
J° give the President $100,000, the salary of the Vice-President
uot in correspondence, and the salary of the Speaker of the
fjouse is not in correspondence. The Speaker of the House of
Representatives is certainly the third greatest officer under this
Government. I do not know ju st exactly what precedence they
eeord him at social functions, but in power and authority he
.j Ulldoubtedly the second, excelling even the Vice-President of
Sjm United States himself in point of power. I doubt if the
president of the United States exercises as much power over
e legislation of this country as does the Speaker of the House
Representatives. Therefore, measured not merely by the
Unity of his office, but measured by its power and its respousiJJJJty, it is absurd to say that the President shall have $100,000
^ le ®Peaker of the House but $20,000.
Y ^ ^Gu> if you go into that other indefinite field, about which
\ Profess to know nothing, if yon take up the question of the
entertainment, certainly the Speaker in that regard is
oot so far behind the President as this bill places him.
Mr. President, I venture to state that there has not been a
me-President in twenty years who did not leave that chair
Poorer than he was when he assumed it. I will venture to say
bat there has never been a Speaker of the American House of
Representatives who saved money out of that great office, but
fbere has not been a President in twenty years who dal not
°ave the presidential office with more than he possessed •when
j entered upon it. It is to the credit of Mr. Cleveland that L ,
J}ved something out of his salary— not much, but enough to pro>de for tiis old age. It is to the credit of Benjamin Harrison
: mt front the $50,000 salary, which you now describe as »*aae1 'ate, he gayed something with which he purchased brick >
ags in the city of Indianapolis, The Senator from Imliai™
{Mr. H e m f n w a y ], I think, knows that. A great man, upr^lit,
honorable, and just, lie illustrated the best traditions of ti c
Republic by living economically and saving something out of
hj« salary. For that I honor him, and tlie l^ty ^ t h a t ^ n ^ o

‘ ‘ vs.aeut and the Speaker spending more inuu u w
;:
Pa.v them less than half of the increase you are Kiv^
^
11
R'R- It is not just, it is not fair, it if not equ®:
leaye it to the Senate, contenting myself with voting against t
entire schedule of increases.
, . T
„
CLAPP. Mr. President, I rise in the hope the* J
tender some slight service to the country, although ’ ‘ e cl ,
)v
ere that when I ahull have finished my remnrka I will snupiy
fi|id myself cordially hated by many. Theic
J
^
g an try no more popular cry than n billion-dollar O g r e s s and
^
billion-dollar country. The Senator from le x a s [Mr.




B ailey]

1037

I think is mistaken upon one point, and that is that it
is popular or could by any possibility be strained into an attempt
to curry popular favor to stand upon this floor for economy.
From all over this land, from my own State— and to-day I incur
the disapproval o f friends, both personal and political, in taking
a stand here for economy— comes the demand for appropria­
tions, ending inevitably in indebtedness, evidenced by bonds.
Is it astonishing, Mr. President, that to-day thinking men,
business men, will calmly consider the proposition of this great
Government running behind in its revenue and contemplate
equally calmly an issue of its securities? The wild delirium
for extravagance and the debt thereby created will outlive the
Senator from Texas and myself, and we might well content our­
selves in silence. But we would be recreant to our duty if we
did that.
Mr. President, I am not going to detain the Senate long with
a speech. I can not hope to rival the brilliant Senator from
Texas in his presentation of this subject. It is not a question
o f compensation. The wealth o f this Nation could not com­
pensate a Washington, nor could it, in my humble judgment,
compensate the present occupant of the office of Chief Execu­
tive for the services he has rendered this country. W e can not
measure service by dollars and cents. The true test is that
announced by the Senator from Texas that we should pay
public officials enough to maintain them with dignity in their
office and enable them to educate their children. Beyond that
we can not hope to go. Beyond that we ought not to seek to go.
Mr. President, we stand to-day confronted by a condition.
W e stand to-day with a deficiency confronting us. W e have
promised the people of the United States that we would revise
the tariff this coming summer, and the very promise of that
revision has resulted in the greatest industrial nation upon this
earth sitting back and waiting to see what will happen. That
inevitably leads to a decrease of revenue, and not only have we
a deficiency confronting us, but we have a decreased revenue
also confronting us.
Now, what do we have on the other hand? Wre have coining
in here day after day additional appropriations. The naval
bill, which will come here within a few days, will contain a
large addition over last session’s bill. The military bill, which
is to come here within a few days, will contain another large
addition over the last session’s b ill; and 4n the face o f our decreused revenue it is proposed now to raise these salaiies.^ ^
Mr. President, the Government to-day is in this position.
W ith a deficiency confronting us, we are paying out money
for the rent of buildings all over this country, and especially
fn this citv; a bill upon the desk of the Senator from Oregon
|Mr F u lto n ] proposing to pay millions of honest debts o f
j If,ig'nation, it is proposed to let g o; and now, m the face of this
rendition it is proposed to raise these salaries^
I nm not here to make any invidious comparison. It may be
i , J ,1
t w e r to my attitude,, that the salary o f Repre^utaj r;ves and Senators lias been raised. I could, if I would, a ia il
! myself of the defense that I did not vote for it ; but I stand
here to-day upon the floor of this Chamber and assert that a
! United States Senator or a Representative ought to receae a
sa arv equal to any officer of this Government, save the Presi­
dent ‘ save the Vice-President, save the Speaker and save the
! Chief Justice of the United States. So I will not avail myself
of the defense which I could make upon that score. Me made
| that increase of salary under entirely different conditions from
I those under which it is proposed to make this increase. If t
: was the mere question of the President’s salary, < * J * J % *
President’s salary, of the Speakers salary, of the Judges sai
arv, we might content ourselves with one o f those, |md■^ b a p s
face the possibility of increasing the salary. But Senators can
! not d ilu te e this proposition. It is a proposition to increase all
! o? these” alaries, and that, too, in the face of these conditions,
i
Now n v reason for arising at this moment is simply th is:
Tim^ and again in this body, after these bills are passed and
j T t w f o n has been called to tlie increased appropriations, Sen! f t w fh T v e said “ Y es; we ought not to have done i t ; but wo
! ha e done it. It is too late now to undo i t ; but next tune
i “ t m gee that it is not done." I b e lie v e -if I am the only
I J * t o " who will vote along this lin e -t h a t the time has come
I when some one should say that “ now is the time to do it,
i t i l not wait until after the appropriation bill has passed. In
n v t i t l e capacity I propose to vote against these appropriations.
There is a vast difference between increasing these salaries
| and adding to the official force o f this Government.
There is an amendment pending
Mr TILLM AN . Mr. President------The V IC E-PR E SID EN T. Does the Senator from Minnesota
yield to the Senator from South CarHina?

: ' .

-

•
:

.s'.

J




a n u a r y

Mr. CLAPP. I wish to conclude the sentence.
Mr. HALE. Mr. President, the reasons given by the Chair are
There is pending to this bill an amendment to increase the so clear and cogent, and its determination so conforms to pre­
force in one of the departments. As the Government grows, as vious action by the Chair in other matters, that I should say
the work increases, these forces must be increased; and there is nothiug but approval could follow that course. I wish to say—
a vast difference between increasing the force of the depart­ and it is brought to my attention by the point which the Sen­
ments and increasing these salaries. Now, I will listen to the ator from Oklahoma [Mr. O wen ] made— that the Senate can
Senator from South Carolina.
at any time by a majority, under Rule 40, suspend any rule.
Mr. TILLMAN. Knowing that the revenues of the Govern­ rhe Senate has a fashion— it has been its practice— when any
l
ment are falling behind, I had intended to propose, to come in question of order is submitted to the Senate, by a short cut and
at the appropriate place in the bill, the following:
\otiug upon the merit of the question, of disj>eiisiug with the
Provided, however, That no part of the increased pay provided herein rule instead of in form suspending it by a majority vote. I
snail be paid if the revenues of the Government shall show a deficit and other Senators here, on important matters, when'the Chair
during the next fiscal year.
has submitted the question to the Senate, have voted upon the
Will the Senator support that amendment?
mei it instead of lotiug in form under Rule XL that the rule shall
Mr. CLAPP. I would not want to support that, because it be suspended, and for one I shall do the same now. Whatever I
would be equivalent to a roundabout way of voting against the may belieie of the force of the point of order— and I expressed
amendments. I prefer to vote against them directly.
' ^ r m th eearlj Pai’t of the discussion— the whole matter being
Mr. STONE. I am going to vote against them directly; but, submitted to the >cnate, I shall vote upon the merit of the ques­
then, if I am run over, I propose to try to check this extrava­ tion, being m favor of the proposition presented to the Senate
by the amendment, although I think the point of order well
gance and waste by putting a tail on the kite.
Mr. CLAPP. Every Senator in this Chamber knows that the taken.
the \ IC E -IRESIDENT. The question
1$ the amendment
revenues are going to fall off. There is not a day that I do not
in order? —
•£- Ci
/
get letters from men whose business it is to import goods, saying,
M l. BORAH. On that I ask for the yeas and navs.
“ We will not import any more goods at present. We are going
I he yeas and nays were ordered.
to wait to see what Congress does as to the duty on this par­
ticular article.” Not only will that decrease revenue from im­
portations, but it has already accentuated— and it will more
accentuate— a business depression, which will also have its
effect upon internal revenue and decrease the revenue in that
direction.
I dislike to take this stand. The gentleman who will soon
occupy the position of Vice-President and presiding officer of
the Senate is a personal friend. The gentleman who will soon
occupy the position of Chief Executive of tiffs country is a per­
sonal friend. I realize that no amount of dollars and cents
can compensate him for the service lie will perform to this
country, as I believe, but at the same time we can not measure
that service by dollars and cents. We can only content ourselves
with voting a reasonable salary for these positions, and instead
of waiting until the naval bill or some other bill comes into
this Chamber, and then finding it too late to make a stand for
economy, I for one propose to begin now, and I shall vote
against every one of these amendments increasing salaries.
The VICE-PRESIDENT. The Senator from Idaho [Mr.
B orah ] interposes the point of order that the pending amend­
ment contravenes paragraph 3 of Rule XVI,
Mr. WARREN. Does the Senator from Idaho insist upon his
point of order?
The VICE-PRESIDENT, The point of order is before the
Senate.
The Senator from Idaho [Mr. Borah] makes the point of
order that the pending amendment contravenes paragraph 3
of Rule XVI, which provides;
No amendment which proposes general legislation shall be received
to any general appropriation bill.
What is general legislation upon a general appropriation bill
under Rule XV I has long been a sharply debated question.
The rule is an old one. It has been frequently invoked, and
the discussion has invariably disclosed the same conflicting
views which have been expressed with respect to the point
of order now interposed. There is no well-defined uniform line
of decisions, either by the Chair or by the Senate, when the
question has been submitted by the Chair to its determination
or when the question has been brought before it by an appeal
from the decision of the Chair. The impression created upon
the mind of the present occupant of the chair, after a somewhat
careful and thorough examination of the subject, is that the
Senate has been largely controlled in its interpretation of the
rule for more than a third of a century by a consideration
of the public interest involved at the time being rather than
by any regard for Its technical meaning or strict application.
Under the well-known rules of the Senate the Senate can
express itself upon the question as to whether a proposed
amendment is in order by an appeal from the decision of the
Chair upon a point of order or w hen the Chair submits the
r
matter for its determination.
The Chair thinks that trader all the circumstances, in view
of the wide interest in it, it is fair to all concerned to allow the
Senate to pass by a direct vote upon the question raised by
the point of order. This has been the course which has
been frequently pursued in past years. Therefore the Chair
will submit the question to the Senate, Is the amendment in
order?

Tim v
i ! m
>
’llail' state the Question once more?
r
l‘
A ID E M . The questiou is, Is the amendment
m order? The Secretary will call the roll
The Secretary proceeded to call the roll.
Mi. CLARK of Myoming (when his name was called). I
hu\o a general pair with the Senator from Missouri [Mr*
Stone]. I transfer it to the junior Senator from Rhode Island
[Ml-. \\ETMOREj, and will vote. I vote “ yea,”
i when the name of Mr. Clarke of Arkansas was
called). My colleague [Mr. Clarke of Arkansas] is paired
with the Senator from Rhode Island [Mr Aldrich 1
Mr. DOLLIVER (when the name of Mr. C u m m i n s was
called). I desire to state that my colleague [Mr. Cummin'8^
is unavoidably detained from the Chamber, being absent from
the city.
Mr. I)EPEW (when liis name was called). I have a general
pair with the Senator from Louisiana [Mr. Mc E xeby ]. I transfer it to my colleague [Mr. Platt], and will vote. I vote “ yea.’’
Mr. FOSTER (when liis name was called). I have a general
pair with the junior Senator from North Dakota [Mr. Me*
Cumber], I understand he is absent from the Capitol, ami
therefore I withhold my vote.
Mr. OWEN (when his name was called). I transfer m y pa*r
with the junior Senator from Illinois [Mr. Hopkins ] to my col­
league [Mr. G o r e ), and will vote. I vote “ n a y.”
I
Mr. PILES (when his name was called). I was out of tb®
Chamber when the question was presented. I do not know what
we are voting on. Are we voting on the amendment?
.
The VICE-PRESIDENT. The question is whether the amend*
ment is in order.
Mr. PILES. I vote “ yea.”
,
Mr. RAYNER (when his name was called). I am I)a*re
with the junior Senator from Delaware [Mr. R ichardson].
Mr. TILLMAN (when liis name was called). I have a genera
pair with the senior Senator from Vermont [Mr. D illim .tiam IIn his absence I withhold my vote. If at liberty, I should ' 0
“ nay.”
The roll call was concluded.
t
Mr. HEYBURN. I want to make an inquiry, Mr. President.
My vote will depend upon whether the amendment was accept
by the chairman or whether we are voting upon it as it is in 1
bill as it came from the committee.
, The VICE-PRESIDENT. The Chair will state that uuaei
the rule debate is not in order.
hfl+
Mr. HEYBURN. I am not debating it; I want to know
we are voting on—that is. what amendment is [lending.
t
The VICE-PRESIDENT. The question is, Is the amendint
in order?
Mr. HEYBURN. There are two before the Senate.
by
The VICE-PRESIDENT. It is the amendment proposed
the committee, beginning in line 26, on page 14, and mt
lines 1. 2, and 3 on page 15 of the bill.
Mr. HEYBURN. In italics?
The VICE-PRESIDENT. In italics.
, it
Mr. HEYBURN. If the other amendment were a c c e p twould be a different vote.
The VICE-PRESIDENT. Debate is not in order.
.t
Mr. HEYBURN. I am not debating it, but I have a ^

to information.

7

1909.

CONGRESSIONAL RECORD— SENATE.

1039

The S e c r e t a r y . On page 15, line 3, before the word “ thou­
The V IC E-PR E SID EN T. H as the Senator from Idaho voted?
Hr. H E YB U R N .
I vote “ n a y ” as to the amendment in sand,” strike out “ twenty ” and insert “ fifteen,” so that if
italics, bat would vote “ yea ” as to the amendment offered by amended the amendment of the committee will read:
P r o v i d e d , That the salary of the Speaker of the House of Representa­
the Senator fr o m Rhode Island [Mr. A l d k ic h ] .
tives, after March 3, 1909, shall be $15,000 per annum.
Hr. TILLM AN . I transfer my pair with the Senator from
The VIC E -P R E SID E N T. The Secretary will call the roll on
Vermont [Mr. D i l l i n g h a m ] to the Senator from Missouri [Mr.
agreeing to the amendment of the Senator from Idaho to the
Stone], who is not paired, and vote “ nay.”
Hr. LONG.
I wish to announce that my colleague [Mr. amendment of the committee.
The Secretary proceeded to call the roll.
Curtis ] is unavoidably absent.
Mr. TIL L M A N (when Mr. D i l l i n g h a m ’ s name was called).
Hr. C LAR K of Wyoming. The Senator from Missouri [Mr.
Stone] is paired generally with myself. I transferred the pair I wish to announce again my pair with the senior Senator from
Vermont [Mr. D i l l i n g h a m ] ; and for the balance of the evening,
to the Senator from Rhode Island [Mr. W e t m o r e ],
Hr. T IL L M A N (after having voted in the negative).
I on all amendments, being paired, I will not vote.
Mr. FO STER (when his name was called). I again announce
Wanted to protect the Senator from Vermont [Mr. Dilling­
my pair with the senior Senator from North Dakota [Mr.
h a m ], and transferred my pair to the Senator from Missouri
[Mr. Stone]. I thought I had a right to do so, as the Senator M c C u m b e r ] , who is absent. I withhold my vote.
Mr. M cEN ERY (when his name was called). I am paired
from Texas [H r. Culberson] informed me. But I have since
with the junior Senator from New York [Mr. D e p e w ] . He is not
|®arned that the arrangement of pairs does not permit of that
present, and I withhold my vote.
transfer, and I withdraw my vote.
Mr. O W E N (when his name was called). I transfer my pair
Hr. K N O X . I wish to announce that my colleague [H r.
with the junior Senator from Illinois [Mr. IIonnNS] to my
J enrose] is unavoidably absent. I f present, he would vote
colleague [Mr. Gore], and vote “ yea.”
.
yea.”
Mr. R A YN E R (when his name was called). I desire to an­
[Mr.
Mr. M A R TIN . I desire to state that my colleague
nounce my pair generally for the rest of the day with the
- aniel ] is unavoidably absent from the city, having been
junior Senator from Delaware [Mr. R i c h a r d s o n ] .
CMled home by a very sad affliction in his family.
Mr. W A R R E N (when his name was called). I have a gen­
The result was announced— yeas 3G, nays 32, as follow s:
eral pair with the senior Senator from Mississippi [Mr. M o n e y ] ,
but as he was on the Finance Committee and, I understand,
YEAS—30.
supported this measure when it was before that committee, I
bourne
Piles
Kean
dn Pont
tp'ggs
am going to venture to vote. I vote “ nay.”
Scott
Kittredge
Elkins
Smith, Mich.
turnham
Knox
Flint
The roll call was concluded.
Burrows
Smoot
Lodge
Frye
Mr. BACON. I desire to call the attention of the Senator
Carter
Stephenson
Long
Gallinger
fr o m Wyoming [Mr. W a r r e n ] to the fact that the Senator from
Sutherland
M
cEncr.v
Gamble
8 a& w ,o .
,
Teller
Newlands
Guggenheim
Mississippi [Mr. M o n e y ] voted the opposite w a y on the ques­
Cuiiom
Warner
Page
Hate
L
»epew
tion of order.
Warren
Perkins
Hemenway
Mr. W A R R E N . That was entirely another matter. H e was
NAYS—32.
voting on the point of order.
Bacon
Nelson
Clay
Ileyburn
Mr. BACON. I know, but the Senator will remember that the
Bailey
Overman
Johnston
Culberson
Senator from Maine [Mr. Hale], who is a very distinguished
“ankhead
La Foliette
Owen
Davts
ijorah
authority in this body, himself announced that while he believed
Pil.VIiler
McCreary
Dixon
Drown
Simmons
McLaurln
Dol liver
the point of order was well taken it was not the custom of the
Bulkeley
Smith, M
d.
Martin
Frazier
bodv to be measured by that consideration, and he would there­
Burkett
Taliaferro
Milton
Fulton
ClappU
fore vote in the way he thought the merits of the case would
Gary
Taylor
Money
induce him to cast his vote.
. ..
NOT VOTING—24.
Hr W A R R E N . I f there is any question about it upon tne
Aldrich
Platt
Curtis
Gore
other side although I feel perfectly sure of my ground, I with­
Ankeny
Rayner
IIansi)rough
Daniel
hold my vote, or I will transfer my pair to the junior Senator
Beveridge
Richardson
Hopkins
Dick
Li'andegee
from Maine [Mr. t a ] , who is not in the Chamber. I vote
Stone
M
cCumber
Dillingham
/, jrrke. Ark.
Tillman
Nixon
Foraker
uumtnins
Wetmore
Penrose
Foster
' too result was announced— yeas 34, nays 32, as follow s:

YEAS—34.
Simmons
McLaurln
Smith, M
d.
Martin
Smith, Mich.
Milton
Sutherland
Nelson
Taliaferro
Newlands
Taylor
Overman
Warner
-Qwcn_
T*Sge
Paynter
Culberson
NAYS—32.
•
)
Secretary. In the committee amendment, page 15, line
Long
Guggenheim
Cullom
before the word “ thousand,” strike out “ twenty ” and insert Bourne
Perkins
Hale
Depew
Briggs
Biteen,” so as to read “ shall be .$15,000 per annum.”
Piles
Hemenway
du Font
Burnham
Scott
Heyburn
* r- BORAH. Upon that I ask the yeas and nays.
”
Elkins
Burrows
Smoot
Kean
Flint
‘ r* HALE. I move to amend the amendment by Inserting Carter
Stephenson
Kittredge
Foraker
Clapp
Teller
Knox
e word “ eighteen ” before “ thousand.”
Gallinger
Clark. Wyo.
W
arren
Lodge
Gamble
, ‘Mr- Ba c o n . I understand that if the Senate should vote Crane
the amendment of the Senator from Maine the question
NOT VOTING—2G
.
Rayner
Hopkins
. '"Od then recur upon the amendment oflered by tbe Senator Aldrich
Daniel
Richardson
M
cCumber
Dick
a Idaho; in other words, if the Senate should vote against Ankeny
Stone
McEnery
Dillingham
i ^’O O the vote would then be on the question of $15,000. Am Beveridge
O,
Tillman
Money
Foster
Brandegee
Wetmore
Nixon
1 correct?
Frye
Clarke. Ark
Penrose
Gore
TJe V IC E -P R E S ID E N T . The Chair 3s under the impression, Cummins
Flatt
Hansbrough
Curtis
s lie understood the amendment of the Senator from Maine,
So Mr. Borah’s amendment to the amendment of the com­
[t is an amendment in the third degree.
the Senate decided the amendment to be in order.

Ibe VICE-PRESIDENT. The question is upon the adoption
f the amendment of the committee.

Bacon
Bailey
Mr. Bo r a h . Hr. President, I send an amendment to the Bankhead
Borah
ailiendment to the desk.
Brown
The VICE-PRESIDENT. The Senator from Idaho proposes Bulkeley
Burkett
1 amendment to the amendment, which will be read by the Sec­ Olay
1
retary.

Davis
Dixon
Dolliver
Frazier
Fulton
Gary
Johnston
La FoUette
McCreary

mittee was agreed to.
,
HALE. I think the Chair is correct; I thought of that.
The VICE-PRESID EN T. The question is on agreeing to the
*ne VICE-PRESIDENT The question is on the amendment
Proposed by the Senator from Idaho [Mr. Boraii] to the nmend- amendment of the committee as amended.
Mr. CULBERSON. I ask for the yeas and nays on the adop­
“!lt of the committee, upon, which he demands the yeas and
Bays.

: * yeas and nays were ordered.
le
‘ if. HALE. Let it be read.
Hr. du PONT. I could not hear the amendment to the amend­
ment,
Vhe VICE-PRESIDENT. The Secretary will read the arnendent to the amendment.




tion of the amendment as amended.
Mr H EYBU RN. Mr. President when the question of order
was submitted to the Senate I undertook to ascertain whether
the question as contained in the bill reported from the committee
was under consideration on the point of order or whether the
amendment which I understood was accepted by the Senator in
charge of the bill was the amendment under consideration, and




1040

CONGRESSIONAL RECORD-SENATE.

J anuary 18,

it would doubtless seem to those who are not advised that my
vote was somewhat inconsistent. I voted upon my judgment
as to the parliamentary situation when I voted upon the point
of order. I did not have any sentiments in regard to the size
of the salary of this officer. I desire that the R ecord shall
leave no question in regard to that matter.
When the matter was under consideration on the loth, the
Senator from Rhode Island [Mr. Aldrich] proposed the follow­
ing amendment:

The VICE-PRESIDENT. That is the effect of the vote.
Mr. ELKINS. If it is lost, then what?
Mr. GALLINGER. It remains at $12,000.
The VICE-PRESIDENT. The question is for the determina­
tion of the Senate. The Secretary will call the roll on agreeing
to the amendment of the committee as amended.
The Secretary proceeded to call the roll.
Mr. FOSTER (when his name was called). I again announce
my pair. I make this announcement for all future votes upon
P r o v id e d , That of the amount herein appropriated. .$20,000 may be this measure.
I withhold my vote.
used to pay the salary of the Speaker of the House of Representatives.
Mr. GAMBLE (when his name was called). I transfer my
I distinctly understood the Senator in charge of the bill to pair with the Senator from Nevada [Air. N ew lands] to the Senator from Pennsylvania [Air. P enrose ], and I vote “ yea.”
accept that proposed amendment.
Air. OWEN (when his name was called). I transfer my pair
Mr. WARREN. Mr. President-----Mr. HEYBURN. I may have been mistaken. I would be with the Senator from Illinois [Air. H o p k i n s ] to m y colleague
[Air. Gore], and vote “ nay.”
glad to be advised.
Mr. WARREN. The Senator from Idaho is correct in stating
Air. WARREN (when his name was called). I am paired
that such an amendment was read, and that the Senator in with the Senator from Mississippi [Air. M oney ]. I transfer
charge of the bill stated, addressing^ the Senator from Rhode that pair to the Senator from Maine [Air. F rye ], and I vote
Island [Mr. Aldrich] rather than the'Chair, that he was willing “ yea.”
The roll call having been concluded, the result w a s an n ou n ce d -'
to accept the amendment. But the Senator did not formally
offer it as an amendment. I f the Senator will read the Reco
rd yeas 37, nays 27, as follows :
as to the amendments to the bill, he will find that the amend­
YEAS—37.
ment was not recorded as having been acted upon.
Smith. M
ich.
Kean
Bourne
du Pont
Mr. HALE, It is not before the Senate.
Smoot
Elkins
Briggs
Kittredge
Stephenson
Flint
Knox
Bulkeley
Mr. WARREN. It is not before the Senate.
Sutherland
Foraker
Burnham
Lodge
Mr. HEYBURN. It has been the custom, where an amend­ Burrows
Gallinger
Long
Teller
ment was proposed to an appropriation bill, that the Senator Carter
W
arner
Gam
ble
Nelson
W
arren
Guggenheim
Page
yo.
in charge of the bill would say, “ I accept the amendment; ” Clark, W
Hale
Perkins
Crane
and, there being no objection, it would be treated as having been Cullom
Piles
Hemenway
accepted.
Heyburn
Scott
Dick
The Reco shows, on page 972, as I shall read. The Senator
rd
NAYS—27.
from Rhode Island [Mr. Aldrich] claimed the recognition of Bacon
Johnston
Clay
_O C _
wH
the Chair during the time the Senator from Mississippi [Mr. Bailey
La Follette
Culberson
raniter
Davis
M
cCreary
Simmons
McLaurin J had the floor. The Senator from Mississippi said: Bankhead

Dixon
M
cLaurin
Smith, M
d.
Borah
If the Senator will allow m not to interrupt the Senator from Kan­ Brown
e,
Dolliver
M
artin
Taliaferro
sas—
•
Frazier
Milton
Burkett
Taylor
Clapp
Gary
Overman
Then the Senator from Kansas [Mr. Curtis] said:
NOT VOTING—28.
I want the Item read.
Penrose
Aldrich
Daniel
Hansbrough
The Senator from Mississippi [Mr. M cL aurin ] said:
Ankeny
Depew
Platt
Hopkins
Rayner
It. provides—
Beveridge
Dillingham
M tuber
cCu
Richardson
Brandegee
Foster
M
cL'nery
Quoting from it—
Stone
Frye
Clarke, Ark.
M
oney
That the salary of the Speaker of the House of Representatives after Cummins
Tillman
Fulton
Rowlands
W m
et ore
M
arch 3, 1909, shall be $20,000 per annum.
Curtis
Gore
Nixon
A Aldrich. I think the committee, perhaps, were somewhat un­
ir.
So the amendment as amended was agreed to.
fortunate in the language which they used. I suggest to the acting
chairman of the subcommittee that the item should be changed to read
FORT DOUGLAS MILITARY RESERVATION, UTAH.
3S follows *
‘ ■Provided That of the amount herein appropriated $20,000 may be
The bill (H. It. 23S63) for the exchange of certain lands situ­
used to pay the salary of the Speaker of the House of Representa­ ated in the Fort Douglas Military Reservation, State of I
tives ”—
for lands adjacent thereto, between the Mount Olivet Feme t
The Senator from Mississippi [Mr. Mc aurin] said:
L
Association, of Salt Lake City, Utah, and the Government oi
From what is the Senator reading?
, .
United States, was read twice by its title.
.
Mr. Aldrich. Which is a mere limitation upon this appropriation and
Air. SUTHERLAND. Mr. President, the House bill
applies for only one year.
Senate is identical In terms with Senate bill NU-^
I desire that the Record shall show ray position upon this before the the Senate on Thursday last. I therefore move ‘ t
passed by

question in such a way that there may he no misunderstanding
about it. There is a vast difference between the parliamentary
rule as applied to the amendment reported by the committee and
the amendment suggested by the Senator from Rhode Island
[Mr. Aldrich]. The amendment offered by the committee is
not an item of appropriation at a ll; it is an item of legislation.
It provides as to what the salary shall be for the time men­
tioned but it makes no appropriation for the payment of that
salary! So it can not be said to be anything but general legis­
lation It determines the salary not only of the present Speaker,
but of all future Speakers until Congress shall change it. It
was upon that language that I voted on the question that was
submitted to the Senate. The amendment offered by the Sena­
tor from Rhode Island was not legislation at all. It was merely
making an appropriation pursuant to existing legislation. That
was the difference. It was that condition which controlled my
seemingly inconsistent vote. I was not willing to vote against
my judgment on a parliamentary question, because it involved a
question of general legislation.
The VICE-PRESIDENT. The Senator from Texas demands
the yeas and nays upon agreeing to the amendment of the com­
mittee as amended.
The yeas and nays were ordered,
Mr. ELKINS. What is the amendment?
Mr. BACON. I desire to ask a question for information. I
ought perhaps to know it, but I do not at this moment recall
what is the present salary of this officer.
Mr. WARREN. Twelve thousand dollars. I understand that
those voting “ yea ” vote to accept the amendment making the
salary $15,000 a year.

the House bill be put on its passage, and the bill beret*
passed by the Senate be recalled from the House.
nPgt
The VICE-PRESIDENT. Is there objection to the reqvj^
of the Senator from Utah for the present consideration oi
House bill named by him?
# the
There being no objection, the Senate, as in Committee o1
Whole, proceeded to consider the bill.
(>
r.
The bill was reported to the Senate without am endm ent,
dered to a third reading, read the third time, and passed.
Air. SUTHERLAND. I move that the bill (S. 7306) fur
exchange of certain lands situated in the Fort Douglas MU • ^
Reservation, State of Utah, for lands adjacent thereto, bet') ^
the Alount Olivet Cemetery Association, of Salt Lake City.
■'
and the Government of the United States, be recalled from
House of Representatives.
The motion was agreed to.
ter
Mr. SUTHERLAND. Mr. President, I now desire to eu ^
a motion to reconsider the vote by which the Senate bin
ordered to a third reading, read the third time, and passe* • j
The VICE-PRESIDENT. Without objection, the motion
be entered.
ORDER OF BUSINESS.

Mr. WARREN. Air. President, it is now after 5 ©’clockis evident that we shall not lie able to finish the appropru^^j
bill this evening. I desire, therefore, to give notice that 1 ask to bring it up to-morrow morning immediately jin *
.
routine business. But before laying the bill aside. I wish 1
that, in the opinion of the committee, the reduction w m * ^
been made In the first oue of these salaries will be e i

1909.

CONGRESSIONAL RECORD— SENATE.

public and for tlie Congress, because everyone knew under wb.it
law be would proceed and did proceed. But, Mr. President, it
might have been inquired in this Chamber, and it might have
been inquired by the public, and I have often wonilcicd lnjself
what distinction the distinguished Attorney-General at that time
made between the Northern Securities Company merger and
other mergers of great railways in the United States against
which no proceedings were taken. I will be glad to have some
explanation of it even now, if it is compatible with the public
interest and the relationship of the Senator to the question.
But, passing from that, Mr. President, the inquiry of the
Senator from Maryland [Mr. R a y n e r ] goes further than anyone
has stated here, I believe. The question at the bottom of this
whole controversy is whether the processes of the courts and
the authority of the Government of the United States are not
being used to prosecute people for political offenses. That is
the question, or one o f them, at least.
Now, let me call the attention of Senators to what the Presi­
dent says about this matter in his message to which the Sena­
tor from Maryland a moment ago adverted, and let ns see how
the President regarded this offense of a great newspaper pro­
prietor, if, indeed, there be any offense:
. It is therefore a high national duty to bring to justice this vilifier of
‘he American people, this man who wantonly and wickedly and without
°ne shadow of justification seeks to blacken the character of reputable
Private citizens and to comict the Government of his own country in
me eyes of the civilized wo\ld of wrongdoing of the basest and foulest
kind, when he lias not nneVbndow of iustification of any sort or de^
'
PANAMA CANAL PURCHASE.
' ' “ pnder
\ bn.
llitzer
ani
^T
CE P R E SID EN T. Tlie morning business is closed,
frn tIle
lays before the Senate a resolution coming over must
rm y^torday, which will he read,
»
rican
The Secretary read Senate resolution 254, submitted yester- es to
^ by Mr. R a y n e r , a s follow s:
these
b n it ^ s f8
is currently reported that the Attorney-General of the
has nro at,P ’ at tlie instance and under the direction of the President,
S
to insT ,'1 the district attorneys in several of the federal districts
ttr'
ll'c
lately
e an investigation In connection with various publications
Can.-il • nm
iaring iD tlie I)ress
relation to the purchase of the Panama
Wh’ aud.
connect^!8 * *bc progress of saia investigation a number of witnesses
,n
or said
numDe
keen R,\? , *th the papers in which said puiilications were made have
1 w
several ‘?.mo,}od to appear and testify before the grand juries of said
-■ districts 1 and
^
m
WhwM
v ; and

District
tj1 federal districts outside of tlie Territories and the
']
and have pobimliia are not invested with common-law jurisdiction.
United ‘ t , J sucl1 Jurisdiction as arises under tlie Constitution of the
s
aunrem,.
antl under the laws made in pursuance thereof, and the
a* is n ,E
A 0ui’t °*. tlie District of Columbia has only such jurisdiction
thorite
contained in the codification of the laws made under auU
onarA R Congress, and sncli further jurisdiction under the acts of
C
WheS, as. .i)articuiaily conferred upon it by said code; and
of the Uni, i [?, lirovkled in the first amendment to the Constitution
law ahriaii^ 2uat2s’ amone other things, that Congress shall make no
£e«ol,w &the freedom of the press: Be it
u
ho is berni... i at the Attorney-General of the United States be, and
aforesaid
, ected to inform the Senate whether the investigation
under what * n ordered by the President: and if it has been ordered,
been in8mn,!AatuteJ
tl,n United States, if any, the proceedings has
courts i«
a’ an‘
,1
"lint right and authority the process of said
1
buuS employed in the premises.

i

1083

no bearing upon the case. Now, let me get to the final proposi­
tion. and this answers everything that the Senator from Pennsyl­
vania said. I admit that the court of the District of Columbia
bas jurisdiction if the President goes before it as an individual.
If the President as an individual, either personally or m the
performance of his duty, conceives that he has been criminally
libeled, he can go to the supreme court of the District or Co­
lumbia and ask for an investigation before the grand jury just In
the same way that any other individual can. Any man can do
so if he is falsely charged with crime or corruption in or out
of office. The Maryland case held that it could be so charged
where he was in office— he was a judge of one of the courts. His
office gives him no special standing in court, and lie has not by
reason of his office the least right to invoke tlie jurisdiction of
tlie court, and there is not a single authority that has been
quoted which affects a single proposition that I have submitted
to the Senate.
.
The V IC E-PR E SID EN T. The question is on agreeing to the
motion of the Senator from Massachusetts ['Mi'- L odge] to
refer the resolution to the Committee on the Judicial y .-*
Mr. R AYN ER . On that I ask for the yeas and nays.
The veas and nays were ordered, and the Secretary proceeded

to call the roll.
„ ,,
_r
,
Mr. PILES (when Air. A n k e n y ’ s name was called). Aly col­
league [Air. A n k e n y ] is absent on account of illness.
Air C LARK of Wyoming (when his name was called). I have
a general pair with the Senator from Alissouri [Mr. Stone ] .
I transfer the pair to the Senator from Connecticut [Air.
B r a n d e g e e ] and will vote.
I vote " y e a . ’
Mr. O W E N (when his name was called). I transfer my pair
w ith the Senator from Illinois [A ir. H o p k i n s ] to my colleague
lAir. Gore] and will vote. I vote “ nay.”
Ml-. TA Y L O R (when His name was called). I transfer my
pair from the Senator from New Jersey [Air. B riggs] to the
fling?
Senator from Kentucky [Air. AIcCbeary ] and vote " nay.”
[itzei*
Mr. T IL L M A N (when his name was called). I have a gen­
| j.
eral pair with the Senator from Vermont [Mr. Dillingham].
g to
lean In his absence I withhold my vote.
The roll call was concluded.
, 1, of
Mr. LODGE (after having voted in the affirmative). I ask
le n t’.'
if tlie Senator from Georgia [Air. C l a y ] has voted V
■' |
g the
The V IC E -P R E SID E N T. He has not voted.
was
Mr. LODGE. I have a general pair with that Senator------com­
Mr. KEA N . I suggest to the Senator from Alassachusetts
b the
...t.:,, that he transfer his pair to my colleague [Air. Briggs], who is
nu>ia necessarily absent.
,
,
.
, ,
are
Mr. LODGE. I understand a pair has been transferred to
York
the junior Senator from New Jersey. I transfer my pair to
Some the Senator from Washington [Air. A n k e n y ], and will let my
That
„
.
. .
,
?cute | vote stand. X (after having voted in the negative). T desire to
Mr. K N O
I
t the i inquire whether the pending question is on tlie motion to refer

the resolution to the Committee on the Judiciary or to lay it
:ided
the table.
uris- onThe VICE-PRESIDENT. It is on tlie motion to refer the
diction in cases of libel against me w . a m u u a
v ii ited re so lu tio n to the Committee on the Judiciary.
N a tes; and the reasoning in that case further goes to the effect
Mr. K N O X . Being opposed to sending the resolution to the
[dat there is no law in the United States, common or satutory, I committee, I will let my vote stand “ nay.’
" l which the Government can be libeled. No statute exists in
The result was announced— yeas 44, nays 24, as follow s:
ruts country on the subject since the repeal of the sedition act.
YEAS—44.
Bo, Mr. President— and that is all I rose for— I suggest that
Page
tlie Senator from Maryland may be probably correct in his sug­ Beveridge
Gallinger
Crane
Perkins
Gamble
Cullom
gestion yesterday that the processes of the courts of the Borah
Piles
Guggenheim
Curtis
' nited States and the authority of the United States are being Bourne
Platt
Hale
Dick
Brown
Scott
Hcyburn
j,sed under the impression that there is some law in this country Bulfceley
Dixon
Smith, Mich.
Kean
Dolliver
‘A’ which men uttering honest convictions of a political ebar- Burkett
Smoot
Kittredge
du Pont
u,-ter may libel the Government or may be arrested and pros­ Burnham
Stephenson
La Follette
Elkins
Burrows
Warner
Lodge
ecuted for libel against the Government, and we are entitled to Carter
Flint
Warren
Long
Frye
have a frank statement from the Attorney-General upon this Clapp
Wetmore
Nelson
Fulton
question as to what law he is proceeding under. Let him give Clark, Wyo.
NAYS— 24.
tile Senate tlie information, in order that, if he is attempting
Milton
Simmons
to establish a proceeding of the latter kind, we may know it and Bacon
Gary
Aloney
Smith, Md.
Johnston
fake whatever steps may he necessary to arrest it by repealing Bailey
Newianfis
Sutherland
Knox
Bankhead
any law that may be in existence on the subject.
Overman
Taliaferro
McEnery
Culberson
Mr. R AYN ER. Mr. President, I wish to ask the Senator from Davis
Taylor
MeLaurin
Given
'Rayner
Teller
Martin
Pennsylvania I Mr. K nox] if lie has not made an entirely wrong Frazier
Quotation from the Maryland case? I find no such quotation,
NOT VOTING— 24.
is the Senator from Pennsylvania on the floor! I find no such
Gore
Nixon
Cummins
Aldrich
Quotation at all. 'Phis appears to be a statement of law, by Ankeny
llansbrough
Paynter
Daniel
iiemenway
Penrose
Depew
whom I do not know. There is no such quotation that I can Brandegee
Ilopkins
Dillingham
Richardson
find in the Maryland reports. In the case of Richardson, I Briggs
McCreary
Foraker
Stone
Clarke, Ark.
think that is a mistaken quotation. I thought so when I Ciay
McCumber
Foster
Tillman

heard it.

I want to sav only one word, and then I shall be tbiough.
I saved myself from all these authorities yesterday, they ha\e




So the resolution was referred to the Committee on tlie
Judiciary.




1084

CONGRESSIONAL RECORD— SENATE.

.Ta x i :ary 19,

LEGISLATIVE, ETC., APPROPRIATION BILL.
tain, and it is in the interest of the Government that so fast as
Mr. WARREN. ^I ask the Senate to resume the consideration we may be able to use automobiles to advantage in place of
ot House bill 234G4, being tlie legislative, and so forth, appro­ horses we should adopt them.
priation bill.
As to tlie part of the remarks of the Senator from Texas re­
By unanimous consent the Senate, as in Committee of the gal dmg danger, there certainly would be no more danger in the
Whole, resumed the consideration of the bill (H. R. 23464) hands of the Speaker and Vice-President than there is now
making appropriations for the legislative, executive, and judicial
10m their use by men and women who now own automobiles
expenses of the Government for the fiscal year ending June 30, and are bound to continue using them.
1910, and for other purposes.
Mr. CARTER. I should like to ask the Senator if he finds
Mr. WARREN. Mr. President, the Committee on Appro­ automobiles useful in herding sheep? [Laughter.]
priations considers the vote of yesterday a significant one, and
Mu WARREN. That is rather a personal question, but I
that committee, not only willing hut anxious always to construct may say that when sheep get scattered in a storm and we would
a bill and so conduct it as to receive the approval of the Senate, wear out and possibly kill horses in finding them, we drive in
oi a majority thereof, feels that before proceeding further the a day an automobile 150 or 200 miles (away beyond the ca­
Senate should know its intentions.
pacity and strength of the horse) and discover them, thus sav­
In view of the vote upon the salary of the Speaker, it is ing them, where otherwise they would become the prey of
presumed that those who voted to reduce it desire also to wolves or would perish for lack of care.
reduce those salaries which lie parallel with it; for instance,
.Tbe Senat°r from Wyoming has a perfect
those of the Vice-President, the Chief Justice, and the associate ri^ht, if it suits either his taste or his pocketbook, to buy and
justices of the Supreme Court. For that reason the committee
use automobiles on his own ranch, and if his horses, either hitched
feels that it should offer amendments reducing the salary of the
i oose, take fright, that is their owner’s own concern. But
Vice-President to $15,000, of the Chief Justice to $15,000, and of the suggestion I made yesterday, and which seems pertinent
tlie associate justices to $14,500 without any intention of moving
here and pertinent everywhere, is that no man has a right to
to reduce the salary of the President or of the judges of the
use a vehicle on a public highway that is calculated to jeopard­
circuit and district courts.
ize ie safety of other people who have a right to use that
n 5 yiew of tbis reduction, and in view of the fact that the highway. I think there is not a Senator here or anyone else­
L
Cabinet officers and the President are provided with horses and
where who does not know that it is a matter of daily occur­
carnages, I earnestly hope that the Senate may allow to the
ence for horses to become frightened and many serious acci­
Speaker and the Vice-President the sum proposed by the coindents to occur in consequence of using automobiles on the public
inittee, $o,000 added to this salary of $15,000, for the purchase highways.
*
or horses, carriages, and other vehicles.
J * >
comPlain veI'y much where they are used in a city,
Mr. BAILEY. I did not, perhaps, correctly understand the
because horses which are also used in our cities become acsenator from Wyoming, but I understood him to say that the
customed to them and seldom take serious fright at them, and
committee has no purpose of moving to reduce the proposed
salary of the President from $100,000 to $75,000. Did I cor­ e u L S ic ^ th n l^ and- m e m ’y 0ther one’ lt is an occasional ocE
Jl ST ° U , " uuaway is Produced by some horses
S
rectly understand the Senator?
taking fnght at automobiles.
Mr. WARREN. That is correct. Of course it is with the
I am not myself inclined to have the Government patronize
5 “ **® to change it if it sees fit. But the committee do not
think it best to offer any reduction to that sum at this time.
^ h? S .advanced her« to opposition to the
Mr. BAILEY. The only suggestion I have to offer in reply S i r n w E r
to that statement is that the President's proposed salary can of t h e VnRed
18 \° prevai]- then tbe G overnm ent
miISt Send aU of its Worses to pasture to
better stand a reduction than any of the others, because the
‘nil enm? a
d age and must supply every need it has to
President is the only official concerned by these increases who
!1 aut°mobiIe. In other words, the Senator
G
has been able to save anything out of his salary, and it seems from
!
^ uotlce on
to me he could better submit to a reduction than the other is to become a horseless age----- - the American farmer that this
is to
officials.
Af1
"'
^ r . President-----The VICE-PRESIDENT. The Secretary will state the next
amendment passed over.
GmSnmeto Of V
hoL r
the
Because if the
The Secretary. On page 30, after line 7, it is proposed to its convenipnoo to 4 nted States finds it to its interest and to
then
7 & ° y the automobile instead of the horse,
insert:
<
For purchase, driving, maintenance, and care of carriage or other to his i i i w ? ? V b ) Emtod States must ultimately find it
vehicle, and of horses, for use of the Speaker, $5,000.
SenatorIlt6reSt ^
t0 bls convetoence. Now, I yield to the
Mr. BAILEY. I move to strike out the words “ or other
rJ,!!/t
T1?e Senator must not undertake to misrep­
vehicle.”
resent me on that point.
Mr. BORAH. Mr. President-----T l!e Senator from Texas does not undertake
The VICE-PRESIDENT. The Senator from Texas proposes to
L
aUd tlle Senator from Wyoming ought
an amendment, which will be stated.
w f l m / v - 1 the Senator from Texas does so.
Mr. BAILEY. One moment The Senator from Idaho has a
has
\ Wlthdraw that, and say that the Senator
motion to submit, and I yield to him.
L
misunderstood what I said. There per*
Mr. BORAH. I understand that the question is on the adop­
tion of the amendment contained in lines 8, 9, and 10 on pare thi f , i ^ t S a,uch necessity for horses now as heretofore, and
30, as a whole.
1 & S V
s ^
b y the eondition of the horse market.
n n /f S f
th
use of automobiles, horses get higher
The VICE-PRESIDENT. That is the pending question.
h o^
evf ry year- 1 would take nothing from the
Mr. BORAH. Upon that I ask for the yeas and nays.
. e except that part of the business that can be better and
The VICE-PRESIDENT. The Senator from Texas proposes
““
1
S rt»ln ]7 do nothan amendment to the committee amendment.
g against the fiumer, as I am one and always have been, and
Mr. BAILEY. My motion of course would take precedence
of the other motion, because if tbe dause is to remain in the Sshine w f f n w tbe b0r8*? 1 have a,vvays token pride in fori i
httle money I could get to propagate and raise
bill, it ought to be perfected before a motion to strike it out is f i t
the best, and oftentimes to my loss rather than profit
made. I therefore renew my motion, intending if it is adopted
m ^ n lL m w DOt b° understood by the Senator from Texas ns
+
to vote against the whole paragraph.
The VICE-PRESIDENT. The Senator from Texas proposes hmrfnSf S i We are lufnnging upon the use of the horse. The
business of the country is increasing every day and even if we
an amendment, which will be stated.
Pl°
{
The Secretary. In the committee amendment, in line 9, strike n ^ n iL Gm r f S h° rSCS t0 d0 ftU kinds of transportation busi“ arket is Z°°a f°r horses. The more automobiles we
out the words “ or other vehicle.”
WARREN. With reference to the amendment, I will
say that I yield to no one, not even the Senator from Texas, in
m
of the horse- 1 always drive a horse where I can.
__i. ® Senator alluded yesterday to some ranch possessions In
Z T i \ ^ J ati rested wberG we raise horses. I may say to
a d n in lu li / S beCOme necessary ^ the ranch business to use
h o r iT w
f
- ^ ny purposes’ including that of hunting lost
present
11 is a- matt5 oC speetl aQd economy. At the
S o n t h e v ^ PT \ ° f antomoblles given us for the next
0n they are relatively cheaper than horses, cheaper to main­

horses^has^gone* ^
r e a s o n in g ? 1 ’

r006114 years’ 1116 h5Sher the m ark et for

iIr‘ Presldent’ that is a singular course of

Mr. WARREN. I may say that It was the same when tie
general use of electricity commenced. We use many times more
gas now than we did before we had electricity, because there is
more use accorded to the two. It is the same with automobiles
an' * b? rses- ^ tbe Senator has bought horses lately, he knows
that they are higher to-day than they were a year ago, and that
the} were higher a year ago than the year before.

1909.

CONGRESSIONAL RECORD— SENATE.

The annual expense of maintaining a single one of the big
battle ships proposed by the Navy Department— 26,000 tons;
50 per cent larger than the original English Dreadnought— will
be four times as much as every increase in this bill as reported
by the Committee on Appropriations. And yet we shall be
asked to add not a few hundred thousand dollars, not a few
million dollars, but many million dollars, tens of millions of
dollars, before this session ends, to increase the military estab­
lishments of the Government. When 1 say the military estab­
lishments I mean the army and the n avy; and one reason why
I have not been disturbed by these moderate increases of salary
is that they are so small in the aggregate, in the levy which
they make upon the taxpayers of the country, that they do not
arouse in me any marked objection.
W e shall never reduce the expenses of the Government, which
are becoming alarmingly large; we shall never be in the con­
dition of a thrifty man, who cuts liis garment according to liis
cloth and keeps his expenses somewhere near in range of his
income: we shall never reduce the alarming and dangerous
deficit that will stare use in the face at the end of this Congress,
a deficeney which will probably amount to more than $120,000.000, with the revenues constantly falling off and other ex­
penditures under our legislation constantly increasing— we shall
Provides:
never meet this grave question, the gravest which confronts
Sec. 4. No part of any money appropriated by tliis or any other this Congress in its waning days, until we take in hand, not
act shall be used for purchasing, maintaining, driving, or operating any
carriage or vehicle (other than those for the use of the P re s id e n t of simply this small matter of salaries and a few hundred thou­
me United States, the heads of the executive departments, and the sands of dollars, but the enormous expenditures that we are
secretary to the President, and other than those used for transporta- asked to make for the military side of the Government.
Don of p ro p e rty belonging to or in the custody of the United States).
So, Mr. President, I repeat that I have not been unduly
the personal or official use of any officer or employee of any of the
oxeeutive departments or other government establishments at Wash- alarmed by the small increase of salaries asked in this bill.
mgton, D. c., unless the same shall be specifically authorized by law Already the Senate has reduced the scale and set the fashion,
provided for in terms by appropriation of money, and all such
carriages and vehicles so procured and used for official purposes shall which I suppose will be followed applicable to other officers,
**ave conspicuously painted thereon at all times the full name of the in reducing from what the committee has reported.
xecutive department or other branch of the public service to widen
I do not look upon it as a matter of much importance whether
lue same belong and in the service of which the same are used.
we give a carriage or do not give a carriage to the Speaker or
After thrashing this out during two or three sessions this law the Vice-President. It is not a very important matter, in my
V s enacted. I think I am safe in saying there are fewer car­ mind; and as the Senator from Indiana has so well said, it is
nages now being used by public officials than at almost any not a subject that has crossed the minds of the incumbents of
°ther time, at least in recent years.
either of those places. It will do no harm if the carriages are
A°w, you go into the navy and army and you find there that stricken out of the bill. I do not fancy that much harm is done
officers are using carriages. I do not know just how they get by the heads of executive departments having carriages— wagons
them. Possibly the chairman of the Committee on Naval Affairs i is what they really have, rather modest equipages— in which
knows liow the carriages are secured for officers of the navy. they go about when they are called to come before committees
Congress has gone into this matter. It has tried to limit it in aud when they are called to meetings and other places. The
uie best way it could. But whenever my distinguished friend aggregate is small. There is very little pomp and display and
loin Idaho votes to increase the navy to the extent of four splendor in these modest wagons that Congress has vouchsafed
Rattle ships, or two battle ships, or any other number of battle to the heads of departments and a few of the subordinate
slllPs, he adds more to the expense of carriages for the officers officers, anil the evil in it does not, in my mind, rise to a great
are to sail upon those vessels in one vote than he would one But I shall hope, Mr. President, that before this Congress
i ciOSes it will set itself in sober fashion to the consideration of
ffild by voting for a half dozen hills like this.
Mr. BORAH. There is some difference between adding a the matter of reducing some of the enormous expenses of the
battle ship to the navy and providing that somebody may ride Government in other directions.
Mr. H EM E N W A Y. Mr. President, I am very glad, indeed,
at the expense of the Government to go to some social function
that I was Interrupted by the Senator from Maine [.Mr. H ale ].
Ul Washington.
•M H E M E N W A Y . But when the Senator adds a battle Just briefly I want to close by saying that I think it makes
r.
khip to the navy, he adds more carriages to the list, in connec- little difference whether this item stays in or goes*out. Cer­
ttoii with that vessel, than he would add if he should vote for tainly in a great government like ours— the greatest on earth—
the people of the United States are not going to complain when
tw° hills like this.
Mr. BORAH. If that is true, it is because the Senator from the heads of the various departments of the Government are
Riaho has labored under a want of information with reference furnished with a carraige to haul them to the Cabinet meetings,
?? the peculiar kind of legislation which has crept into these and if they do occasionally use the vehicle for social purposes I
nils, i did uot ]-now that we were voting for things of this do not think the broad, strong, intelligent American people are
kind when we vote for battle ships, but it seems now that wlien- going to fall out with Congress for allowing them to have the
ever you vote for anything, there is an automobile attached to it. convenience. Upon the other hand, if we should give to the
Vice-President and the Speaker a carriage, I do not think we
-Mr. W ARREN . W ill the Senator from Indiana allow me?
shall have committed any great wrong or taken any very great sum
Mr. H E M E N W A Y. Certainly.
Mr. W ARREN . Knowing how little the total amount ex­ of money out of the Treasury. I sincerely hope that the same
pended for carriages aggregates and how pusillanimous it is as zeal and energy will be continued, looking to the real question
compared with some amounts, I should like to ask the acting of appropriations, where millions of dollars do go out of the
chairman of the Committee on Appropriations and the chair­ Treasury and where, in my judgment, a great saving could be
man of the Committee on Naval Affairs to state, as near as he made if all Senators and Members of the House would look as
can, what it costs per annum to run a battle ship after it is carefully into those appropriations as they are looking into this
little question of salaries.
built.
Mr. H EYBU RN. Mr. President, for six years I have listened
Mr. H ALE. Mr. President, of course the purpose of the
to this debate at each recurring appropriation bill, and it lias
Senator from Idaho is to save the money of tlic people— a very
seemed to me that if the Government is going to run a livery
Proper object— hut while this discussion lias been going on I
stable it should do it on a little different plan. Instead of as­
have made some figures. While we are very sensitive I a ill
signing horses and drivers and carriages for the individual use
hot say about carriages, for I will not discuss that, but about
of” particular public officers, let the Government keep them all,
the increase of salaries— the interest at 4 per cent upon the
cost of a battle ship is largely more than the enliic progiamme and when a public officer has occasion to use one, let him ring
reported from the Committee on Appropriations for all the in­ up on the telephone like other people, and say, “ Send a carriage
creases of salaries1 and when the Senate confronts the question up here for John Smith, Assistant Secretary So-and-so.” They
° f adding tens of millions of dollars to the expenditures of the will then mark it and they will know where it is going and
government to increase our already immense militarj ostab- they will simply send it up. That is the way for the Govern­
dshmontB, very little sensitiveness is likely to he shown here ment to keep a livery stable. Then it is open to all government
officers who are entitled to use it.
Qa to increasing the burden of the taxpayer.

quested. It is not for him as Speaker of the House of Repre­
sentatives that a carriage has been asked, because he has noth­
ing whatever to do with either proposition. The first sugges­
tion of an increase of Ins salary came from the Committee on
Finance. The proposition for a carriage came from the Com­
mittee on Appropriations, after the House of Representatives
had placed upon the bill a provision for a carriage for the VicePresident of the United States.
Now, then, I have simply this to say, that these bodies— the
Senate and the House— should maintain their dignity. I f Cabinet
officers are to have carriages, then the Speaker of the House of
Representatives and the Vice-President of the United States
should have carriages. I do not know whether Congress is
going to give the carriage or not. I do not care. I can speak
at least for the gentleman who is now Speaker of the House of
Representatives, and say that he does not care. So, from a per­
sonal standpoint, no one need care whether he votes for or
against a carriage for the Speaker of the House of Representa­
tives or votes for or against an increase of salary for the
Speaker of the House of Representatives.
The provision as to carriages which we last enacted, found in
the act of February 3, 1905, with which I had something to do.







CONGRESSIONAL RECORD— SENATE.

January 19,

Do you suppose for a moment that a member of any depart­
The result was announced— yeas 21, nays 40, as follows:
ment of the Government would use any team to the extent of
YEAS—21.
$5,000 or $1,000 during a term of office? I am not inclined to Bourne
Elkins
Kittredge
Teller
be penurious about these things. There is, however, a prin­ Bulkeley
Foraker
Lodge
W
arren
Clark, W
yo.
Guggenheim
Long
ciple behind it that does appeal to one when we for a moment
W
etmore
Crane
Hale
Page
remember the character of our Government.
Cullom
Hemenway
Perkins
Men forget sometimes and think they are governing the du Pont
Kean
Scott
people. I have heard it charged that men were governing some­
NAYS—40.
body else in this country. There is no man in the United States Bacon
Culberson
Heyburn
Piles
Curtis
Johnston
who governs any other man. We all govern in this country. Bailey
Rayner
Bankhead
Davis
La Follette
Simmons
We are merely representatives of the people for the purpose of Beveridge
Dixon
M
cLaurin
Smith. Md.
carrying their government into operation, and we should not Borah
Dolliver
M
artin
Smith, M
ich.
Brown
Flint
Milton
forget it
Smoot
Burkett
Frazier
M
oney
Sutherland
I always inwardly rebelled against the idea of assigning a Ilurnham
Frye
Nelson
Taliaferro
carriage to a man because he held some office at the will of Clapp
Gam
ble
Overman
Taylor
Clay
Gary
Paynter
W
arner
the people in order that he might use it for his own pleasure.
NOT VOTING—31.
My mind rebels against it.
Aldrich
Daniel
Ilansbrough
T
pwen
X am not in favor of this item or any other item like it. I
Ankeny
Depew
Ilopklns
Tenrose
would pay such salaries to our public officers as that the burden Brandegeo
Dick
Knox
Platt
of maintaining their carriage and its equipment would not be Briggs
Dillingham
M
cCreary
Richardson
Burrows
Foster
M
cCum
ber
Stephenson
heavy upon them. What nation on earth furnishes its members Carter
Fulton
M
cEnery
Stone
of parliament or its cabinet officers or its ministers of state a Clarke, Ark.
Gallinger
Newlands
Tillman
Gore
private carriage? What nation on earth does it? None except Cummins
Nixon
this Republic.
So the amendment as amended was rejected.
Furnish a state carriage to the President of the United States
The VICE-PRESIDENT. The Secretary will report the next
as in the days of the founders, and let it he a state carriage that amendment passed over.
shall be recognized as the state carriage of the Chief Executive,
The Secretary. The next amendment passed over is the
not the chief ruler, but the Chief Executive of the will of the paragraph in the House bill on page 35, beginning with line 10,
American people, and let him ride in the state coach; and I, as the item under the subhead “ Law library.”
every other American citizen, would take pride in the fact that
Mr. WARREN. I ask that that may be passed over until we
we furnish the coach and that it was an American President finish the consideration of the salaries.
riding in the coach of the people. I would stop right there. I
The VICE-PRESIDENT. The amendment will be further
would furnish no other state coach for any man, but I would passed over. The next amendment relating to salaries will be
give them free livery and a livery stable of the Government of reported.
the United States paid for as other, what we might call “ bunch,”
The Secretary. On page 41, under the head of “ Executive,”
institutions are supported, out of a fund to maintain carriages the Committee on Appropriations proposes, in line 14, to strike
and horses for the use of the officers of the Government in the out “ fifty” and insert “ one hundred;” and after the word
performance of public duty.
“ dollars,” to insert “ this sum to include all transportation
I can not overlook the polite invitation of the Senator from expenses now otherwise provided for by law, and this provision
Indiana [Mr. Hemenway] to a discussion which I shall not to take effect on March 4, 1909.”
indulge in, but I have the official figures before me. They were
Mr. CLAY. Mr. President, I move to amend the committee
placed on my desk just a few minutes before the suggestion amendment by striking out “ one hundred ” and inserting
Was made. He drew a comparison between those who objected
seventy-five” before the word “ thousand," and on that motion
to a pay roll of the Forestry Service of $250,000. That pay roll, I call for the yeas and nays.
according to the official figures, the past year was $1,442,252.04,
Iho VICE-PRESIDENT. The amendment to the amendment
and in the estimates for the year, upon which we are to appro­ rWlll be stated.
priate in a few days, for salaries it is $3,500,961.
the Secretary. In line 14, page 41, strike out “ one bunMr. HEMENWAY. But the Senator must understand that \dred and insert “ seventy-five,” so as to read:
that conserves the forests.
V For compensation of the President of the United States, $75,000.
Mr. HEYBURN. I am going, probably, to have an opportunity
Mr. DAI IS. I move as a substitute for the amendment to
to consider that question briefly in a few days.
insert the word “ fifty ’’ in place of “ seventy-five.”
The VICE-PRESIDENT. The question is on agreeing to the
-II. CLAY. I call the attention of the Senate to the foot
amendment proposed by the Senator from Texas [Mr. B ail e y ] that we now pay the President of the United States $75,000.
to the amendment of the committee.
Mr. \ ARREN. The amendment proposed by the Senator
\
Mr. BEVERIDGE. What is the amendment?
iiom Arkansas would be in the third degree. It can not be con­
The VICE-PRESIDENT. The Secretary will state the sidered now.
amendment.
Mr. CLAY. I was going to say to the Senator from Arkansas
The Secretary. On page 30, line 9, of the committee amend­ that we give the President $50,000 as salarv and $25,000 for
ment, strike out the words or other vehicle.”
traveling expenses; and in the event we place it at $75,000, it
The amendment to the amendment was agreed to.
will give $<5,000 for salary and traveling expenses. If ynn
The VICE-PRESIDENT. The question is on agreeing to the
cut it down and deny him all traveling expenses, he would
amendment as amended.
then have for his salary hereafter less than it is at the present
Mr. BEVERIDGE. What is the amendment as amended?
time.
The VICE-PRESIDENT. The Secretary will read the amend­
Mr. HEYBURN. I wish to ask a question. I call the atten­
ment as amended.
tion of the Senator from Georgia to the language in liue la of
The Secretary. On page 30, after line 7, insert:
the amendment for the purpose of determining whether or not
For purchase, driving, maintenance, and care of carriage and of his statement is correct that this would cut out the present
horses for use of the Speaker, $5,000.
allowance of $25,000 for traveling expenses. This is the lan­
Mr. CULBERSON. On the adoption of the amendment as | guage to which I especially call attention—
mended I ask for the yeas and nays.
The VICE-PRESIDENT. The Chair will call the attention
The yeas and nays were ordered, and the Secretary proceeded of the Senator from Idaho to the fact that the word “ not,”
to call the roll.
line 15, has been stricken out and “ now ” inserted.
Mr. DAVIS (when the name of Mr. C larke of Arkansas was
Mr. HEYBURN. “ This sum to include all transportation
called). My colleague [Mr. Clarke of Arkansas] is paired with expenses”-----the Senator from Rhode Island [Mr. A ldrich], and would vote
Mr. HEMENWAY, “ Now otherwise provided for by law.’
“ n ay” if present.
Mr. WARItEN. It was amended in the early consideration
Mr. McENERY (when his name was called). I am paired of the bill.
with the Junior Senator from New York [Mr. D epew ]. If he
Mr. HEYBURN. I was not here at that time. My copy did
were present, I would vote “ nay.”
not indicate i t I withdraw the suggestion,
Mr. TAYLOR (when his name was called). I transfer my
Mr. CLAY. I think, clearly, in the event we adopt this
pair with the Senator from New Jersey [Mr. Briggs] to the amendment and make it $75,000, taking into consideration
Senator from Kentucky [Mr. M cCreary ] and I vote “ nay.”
the amendment which was made in line 15, then the President
The roll call was concluded.
can only use $75,000 for his salary and traveling expenses ann
-M CLARK of Wyoming. I again announce the transfer of all other expenses.
r.
my pair, and I vote “ yea.”
Mr. HALE. Undoubtedly.

1093

CONGRESSIONAL RECORD— SENATE.

1909.

Mr. CLAPP. I wish to make an explanation
In
t
against the amendment, if that amendment were lost,
^ a la iy
! would be left at $100,000, and, being opposed to any me erne,
I Wish to change my vote and vote “ yea
Air BEVBH ID GBUl)D o*l‘ understand that in voting upon the
The result was announced— yeas 32, nays 3o, as to
S e n a ^ f i m o p o S i amendment, if it should be carried, it gives

Mr. B EVERIDGE,
information only?

May I ask the Senator a question for

to the President $75,000 for all purposes?
Air. CLAY. That is true.
se ria lly
Air. BEVERIDGE. It excludes the $25,000 now specm j
awarded him?
Mr. BEVERIDG E. I f that is the effect of the amendment—
I speak merely for my own vote— I should vote
otherwise I should be compelled to v o t e against it.
Air CLAY
If I understand it, and I think I do, $<o,OW is
t o b e th e to ta l salary, which shall include
Air B EVERID G E. So it amounts in one definite appiopna
tion to precisely wliat the President now gets in tw o .
Mr. CLAY. That is correct. It will n
o
t
’ H0 use
understand it, with any other expenses of t _
provided heretofore or that may be provided hereaftei.

ad“ U ‘ t ^ s l u n S m K l the act which ^ > » « i o g
him $25,000 for traveling expenses it provides that R shall be
paid out on his certificate, and I have been ^form ed,
think correctly informed, that the 1 residei t a
traveling
used only about $0,000 of the $25,000 appropriated ^
te w lu *
expenses. I do not know that to be correct, but: I
informed by those who ought to know. 1 a“ s
. nnnr0the law, if that is the case, the balance of the i
printed for traveling expenses has been converted hack

Bacon
Bailey
Bankhead
Beveridge
Borah
Brown
Burkett
Clapp
Bourne
Bulkeley
Burnham
Burrows
Carter
Clark, W
yo.
Crane
Cullom
du Pont
Aldrich
Ankeny
Brandegee
Briggs
Clarke. Ark.
Cummins
Daniel

YEAS—32.
Johnston
La Pollette
McCreary
McLaurin
Martin
Milton
Money
Overman
NAYS—33.
Ileyburn
Elkins
Kean
Flint
ICittredgc
Foraker
Knox
Frye
Lodge
Gallinger
Long
Gamble Nelson
Guggenheim
Page
Hale
Perkins
H em enw ay
NOT VOTING—27.
Hopkins
Depew
M
cCumber
Dick
McEnery
Dillingham
Newlands
Foster
Nixon
Fulton
Penrose
Gore
Tlatt
Ilansbrough

Clay
Culberson
Curtis
Davis
Dixon
Dolliver
Frazier
Gary

_QjXehr-

Paynter
Piles
Rayner
Simmons
Smith, M
d.
Smith, Mich.
Teller
Scott
Smoot
Sutherland
W
arner
Warren
Wetmore

Richardson
Stephenson
Stone
Taliaferro
Taylor
Tillman

So Mr. Clay ’ s amendment to the amendment was rejected.
The VICE-PRESIDENT. The question is on agreeing to the

“ “ fo C L B E E S O N . On the adoption o f the amendment pronosed by the committee to make the salary of the President

would allow the President, if he used $10,000 fortravel------------

- ^ ____ ____ in k

aaa

+a n n n h r th ft r e m a in d e r

^ M ^ H A L l f '1
Let that c la u s fo ” '“
the bill be read as reported

, ! T1io v T c & P R E SID E N T .
The Secretary will state the
m go that far in regard to the salary, n uue* uui
amendment as requested by the Senator from Mairi e.
amount that we appropriate now. The President at this tin
Mr BACON. Before the vote is taken I desne to m ast an
could use $25,000 for traveling expenses, if he saw tit anu
inq’d r y I will wait, however, until after the reading of the
Proper to do so.
.
Mr. PILES. I should like to ask the Senator from Georgia
thePciauae be read so that the Senate may
how much under his amendment the President would recen e !' 1M? d
as the sum total of his salary?
“ T h fv iC & P B E S lD E N T . The Secretary will state the amendMr. CLAY. Seventy-live thousand dollars, clear.
Mr. PILES. That includes the amount for mileage, or rail­
road fare?
Mr. CLAY. Yes, sir.
,
.
Sp r o n t o S
o V f l f t y ” and insert "o n e
The VICE-PRESID EN T. The question is on agree in* to tue
amendment proposed by the Senator from Georgia [ - r. la
the amendment of the committee.
The VICE-PRESIDENT. Does the Senator from Alame de­
Mr. CLAY. On that I ask for the yeas and nays.
.
The yeas and nays were ordered, and the Scere • . P
sire the next amendment stated-'
Mr H ALE. Yes; the entire clause.
Mr W ARREN
L e t th e w h o le c la u s e b e re a d .
t0 £ ! o w e n \when his name was called). I transfer my pair
The VICE-PRESIDENT. The Secretary will state the next
with the Senator from Illinois [Air. H opkins ] to my colleague

I”& f ~
X

—

*£ % £ .?£ £ 5?f

“ s

«

. =

f S

K

^

[Air. C ork], and vote “ yea.”
i , ®
.
And in the same line, after the word “ delMr. CULBERSON (when Air. T aiiafebbo s name was.calledL ' S
The Senator from Florida [Mr. T aliafeero] request^ i^ to larv” it is proposed to insert:
state that lie lias a general pair with the Senator from(
„
Virginia [Mr. Scott], and that if present he would vote je a
°u this proposition.
,
,. , t
nt- !
Mr. SCOTT (after having voted in the
negative).
I I t S S f a”
wi
d - now ” 'ought' not°to be S T
tend to it before ihe roll call is through. I did not not ce tha
° “ ?rht S f r o V 6 M
°rntS d e i t f I hnd™indicnted a willingness to
the Senator from Florida is absent. I have no m
of taking advantage of my pair.
v ir _ j y ^ U ^ t h f s e n a m r ^ 'r o m Minnesota ... order that he might
Mr. CULBERSON. I am certain the Senator fiom A
N
v ir
“ The^V IC & P R E SroE N T. The Senator from Georgia yields
ginia intended to take care of the matter, if it wms ca e(
^
attention. I am simply announcing, in my place, proper 3
< ^
the Senator from Florida asked me to announce.
}r t | t 0 Mr° BACON- * iT th^S en ator from Minnesota desires to purMr. TAYLOR (when his name was called). I am l>airu
SUM,th r i A l / p r e s J d e n t 01 the entire language, it seems to
with the Senator from New Jersey [Air. B r ig g s j.
;
.nmewhat complicated. As I understand, the provision
The roll call was concluded.
_ ,
T
for traveling expenses runs out at a given time, and then there
will be no expenses “ otherwise provided for
So it is meanif that is the intention. I f there is to be a continuing
^ v isio n as against other expenses, it seems to me that, instead
K u S - t h e word “ n ow ” in, it should simply read “ transpor­
l0 M .:"('r ,p n ,..,te r having voted la the negative). In voting tation expenses otherwise provided for by law.” I am not par­
« U
tta^m en dSen t oVtbo Senator from Georgia my position ticular about it, however.
.
The VICE-PRESIDENT. The question is on the adoption of
nT
anything in order nn.il the vote is
the committee amendment.
Mr B ACON. I hope that Senators will respond to the sug­
1 *T h ^ V K lE -I'R E S ID E K T . Not until it Is announced.
1
gestion on the part of the Senator from Minnesota [Air. Clapp ],
Mr. CLAPP. I desire to change my vote.
jU order that we may know how the matter stands.
Air. LODGE. Oh, pardon me.







1094

CONGRESSIONAL RECORD— SENATE.

J anuaby 19,

Mr. W A R R E N . Mr. P resid en t, it is th is w a y : T he $25,000 is th is : I understand th a t th ere is a regular appropriation each
now provided for th is purpose is con tained in th e sundry civ il
year of $25,000 for con tingent exp en ses o f th e P resid en t. Am I
appropriation act, and if n ot repealed here it w ould be availab le correct in th at?
u n til the 1st o f n ex t Ju ly. W hat w e seek to do is to in crease
Mr. H E M E N W A Y . T here are a num ber o f appropriations
th e sa la ry o f th e P resid en t from th e 4th d ay o f M arch n ex t to
Mr. BACON. W ith ou t h a v in g seen it m yself, I h a v e been in­
$100,000 per annum and cu t off th e balance of th a t appropria­
form ed by S en ators w ho are upon th e com m ittee th a t there is
tion w h ich is due him for travelin g exp en ses.
such an appropriation o f $25,000.
Mr. IIA LE . W hich is now provided by law .
. Mr- H EM E N W A Y , T he appropriation is m ade in th e fo llo w ­
Mr. W A R R E N . Y es; w h ich is n ow provided by law . W h at ing w o r d s :
is n ow provided by law is not a con tin u in g appropriation. It
en
ses
the executive o
ffice, including stationery
w a s m erely put in each y ea r for tw o years, i f I am correct; fWofnr°nting ii exP, re 0 ^ books, telegrams, telephones, books for
lih rfv ’fnrntmri ™ C l'd
ra
,
luinituie find carpets for offices, horses, carriages harness.
but w e n ow propose to cu t it off from M arch 4 to the end of
ftcma'Yn hi’ e5Penses of stable, including labor, and miscellaneous
th e fiscal year.
items, to be expended in the discretion of the President, $25,000.
Mr. BACON. I u n derstand th a t; but th e point, a s I got it
Mr. BACON. 5 ery w ell. T h at in som e degree a n sw ers my
from th e Sen ator from M innesota [Mr. Clapp], is th is : T hat
w h ile th is p rovision w ill cu t off th e $25,000 now provided by inquiry. T h e inquiry I w a s about to m ake w as, w h eth er or
law , it w ill not p revent th e d evotion o f other su m s h ereafter to not. the $25,000 con tin gen t fund w a s a p p licab le in a n y m anner
to the personal exp en ses o f th e P resid en t. It w ould seem that
a lik e purpose.
a very large portion o f th a t $25,000 is a p p licab le to the personal
Mr. CLA PP. B ut, if th e Sen ator w ill pardon m e-----Mr. BACON. I f th e Sen ator from M innesota w ill pardon m e exp en ses o f th e P resid en t, so th at, if th is am endm ent is adopted,
$100,000 w ill not really be th e lim it o f the m oney th a t w e w ill
a m om ent-----d evote to th is purixise.
T h e \ IC E -P R E S ID E N T . T h e Senator from G eorgia h a s th e
Mr. H E M E N W A Y . T he C om m ittee on A ppropriations in refloor.
Mr, BACON. I f th e S en ator from M innesota w ill pardon me p orting $100,000 for the salary o f th e P resid en t do not include
for a m om ent, h e w ill see t h i s : T h is is a co n stitu tio n a l provision th is item , but exp ect to con tin u e to appropriate for con tingent
for p ayin g th e salary o f th e P resid en t. W e h a v e a con stitu ­ exp en ses a s th ey h a v e done in the past.
Mr. BACON. So th a t in ad d ition to the $100,000, if we
tio n a l p rovision w h ich h a s a lw a y s been in effect, w hich, accord­
in g to th e v iew th e S en ate took o f it tw o y ea rs ago, perm itted sh ou ld adopt th a t am endm ent, th ere w ould be for the salary
th e appropriation o f an a d d ition al am ount for tra v elin g e x ­ o f the 1 resid en t so m uch o f th e $25,000 a s in h is discretion he
p en ses for the P resid en t. I f by th e p a ssa g e o f th is bill,' if it m ay see fit to u se for th ose p ersonal ex p en d itu res w h ich are
m entioned here.
becom es a law , w e fix th e sa la r y at $100,000, th e v ery sam e
Mr. H E M E N W A Y . I do not see a n y th in g in th is item for
reason w h ich induced C ongress tw o y ea rs ago to sav th a t they
cou ld leg itim a tely d u rin g the term o f th e P resid en t give him ail con tin gen t ex p en ses excep t office exp en d itu res. T h e provision
rea d s:
a d d itio n a l $25,000 for tra v elin g exp en ses w ill perm it C ongress
to do it again . A s I u n d erstan d th e S en ator from M innesota, therefor—— SeQt espenses of the executive office, including stationery
n is p urpose is to h a v e th is so fram ed n ot on ly th a t it w ill cut
off th e presen t appropriation of $25,000, hut th a t it w ill be a
Mr. HEMENWAY (reading)—
barrier to th e en actm ent o f an y su ch leg isla tio n in th e fu tu re.
Mr. W A R R E N , Mr. P resid en t, it is im p ossib le for us to as w as record books, telegram telephones, etc.
ell
s,
p reven t that.
M i. B A IL E Y . It a lso sa y s for horses, carriages, and autori
Mr. BACON. It w ill n ot be. O f course, I u n d erstan d th a t it biles.
d oes n ot prevent our p a ssin g th e law . W e can n ot bind a subse­
Mr. HEMENWAY. Yes.
q u en t C ongress, but it w ould b e in th e n atu re o f an in d ication
Mr. BACON. Mr. P resid en t, so fa r a s th e en u m eration s jn
o f th e purpose o f th is C ongress w h ich w ou ld not be disregarded.
nu e \ \ the S en ator from In d ian a are concerned, o f cour
NIr. W A R R E N . T h at is th e in ten tion o f th e am endm ent a s
there w ould be no possib le su g g estio n th a t th ey could inure
it stands, Mr. P resid en t.
the benefit of th e P resid en t; but, as I understand, the proviso
Mr. BACON. T hen w h y not so fram e it?
goes on fu rth er an d specifies carriages, horses, autom obiles, m
Mr. W A R R E N . I t is a difficult m atter to cover a ll o f th ese i
are for tile personal u se o f the P resident.
thin gs, but i f C ongress sh a ll se e fit h erea fter to do a s it has 0 t xrr
i ! w n v ' WA-Y- Ycs.; and [t is in tend ed —
done before, p rovid e for travelin g exp en ses, it is im p ossib le for
i i i . BACON. N ow , if it w ere lim ited to carriages, liorsi
u s to prevent it by an y term s in th is bill.
1 W0l,id h a v e no objection, because, as
Mr. BACON. O f cou rse w e can n ot p revent it. I n ever had
d
-ore’ 1 am P erfectly w illin g th a t the P resid en t slu
th e slig h test doubt in m y m ind, Mr. P resid en t, th a t th e a ct w e w
p assed tw o y ea rs ago w a s an u n co n stitu tio n a l act. I so stated j < e ca r n a g e s and horses a t th e p ublic exp en se. I t is perfect
Proper th a t he should have.
on th e floor o f th e S en ate a t th e tim e, and m ade a speech i
n A l r ‘ H E M E N W A Y . T h is a ll goes to th e ex ecu tiv e office m
a g a in st it.
Ml-. W A R R E N . T he b est p roof o f th a t is th a t w e have n ot to the P resid en t, excep t in the ea se o f the h orses a n d ca
sou gh t, on th e first op p ortu n ity, to m ake it .u n n ecessary to pur­ n a g e s. All of th is appropriation o f $25,000 is for the conti
gent exp en ses o f th e ex ecu tiv e office. T h at is the la n g u a g e su e w h at m igh t be considered a q u estion ab le course.
th e bill.
Mr, BACON. I w an t to call th e atten tion of th e S en ator to
M!. BACON. \ ery w ell. I f th e Sen ator w ill pardon nie
th e fa ct th a t w hen w e sp ecify th e p articu lar th in g w h ich is
n ow exclu d ed , w e give w a rra n t for th a t w h ich is n ot now in ­ m om ent, in ad d ition to th e exp en d itu res o f the ex ecu tiv e ©ffi£
ca r n a g e s and lior.st>s are the on ly other item s, a rc they?
cluded in the law .
T hose are th e o n ly other Item s I see.
Mr. 11 EM EN WAY. L et m e su ggest to th e S en ator-----Mr. BACON. I f th a t is so, I think I sh a ll h a v e no more
T h e V IC E -P R E S ID E N T . D o es the S en ator from G eorgia say.
y ield to the S en ator from In d ian a?
Mr. H E M E N W A Y . B ut in th is in sta n ce the appropriation D
Mr. BACON. I do.
oi the ex ecu tiv e office. If the S en ator w ill look a t the word­
Mr. H E M E N W A Y . I t w a s th e in ten tion o f th e C om m ittee on
in g of the b ill he w ill see th a t th is appropriation is for contia*
A ppropriations and w a s th e in ten tion o f th e C om m ittee on F i­
gent exp en ses o f th e executive office, n o t for the P resident.
nance to m ake th e $100,000 sa la r y o f th e P resid en t in clu d e ail
M i. liiL L L .lt. Mr. P resid en t, thi.s item , w h ich seem s ^ ^
tra v elin g exp en ses. T h ere is no qu estion but w h a t th a t is the
a m attei o f con troversy betw een the S en ator from Georg'*1
in tention n ow — to g iv e the P resid en t a sa la r y o f $100,000 to in ­
and the S en ator from In d ian a, is, perhaps, w ith th e exception
clude all exp en ses o f traveling.
o f th e provision w ith regard to au tom ob iles, the sam e item
Mr. BACON. V ery w ell.
that lias been in the bill in som e sh aiie ever sin ce I have bee®
Mr. H EM E N W A Y . T h a t sta tem en t m ade in d eb ate w ill bind in public life . T he am ount lias been so m etim es less than it 1
!*
Congress ju s t a s m uch a s it w ould if it w ere p u t in th e law .
now. T he P resid en t could n ot expend for h is p ersonal
Mr. BACON. "Very w e ll; but it h a s never been m ade a s ox- an,\ o f th is m oney. H e m ay buy a team and u se the team* om
pli Giy a s th e S en ator now m ak es it, and w ith th a t I am now th a t he lias been doing from tim e im m em orial.
content.
Mr. BACON. Mr. P resid en t, I w a n t to be understood. I 'vu$
f 1* uJMiJgs.AAi. I m ake it; and I a ssu re the Senator
n ot ob jectin g to th a t item . I w a s sim p ly, f o r m y in fo r m a tio n i is th e in tention of th e com m ittee in reporting the am end
d esirin g to ascertain w heth er. If w e fixed th e sa la ry ilt
o m ake th e P resid en t’s sa la ry o f $100,000 in clu d e travelln
$100,000, there w ould be an y th in g in ad d ition to the $ 1 0 0 ,0 0 0 .
p eases and everyth in g else.
and 1 d esired to ascertain how m uch o f th e $25,000 w o u ld be
( ,n'- H r. P resid en t, I d esire to m ake an inquii
en joyed by th e P resid en t.
tho-ic . f „ f e im0re faniilIar w ith m a tters o f appropriation
Mr. T E L L E R . Mr. P resid en t, th ere w ill be no a d d ition to the
se o f us who are not on th e com m ittee m ay be. My im
sa la ry o f the P resid en t by a n y th in g th a t is in the bill- ^

1909.

CONGRESSIONAL RECORD— SEN ATE.

p reced en t lia s b een e s ta b lis h e d b y C o n g r e ss in t h e la s t tw o
y e a r s in a p p r o p r ia tin g .$25,000 fo r t r a v e lin g e x p e n se s.
N ext
y e a r , i f C o n g ress s e e s fit to d o s o — a lth o u g h I th in k i t w o u ld
b e in v io la tio n o f th e C o n s titu tio n — i t ca n a d d $25,000 m ore
fo r t r a v e lin g or o th e r e x p e n se s, a n d n o a c t t h a t w e ca n p a ss
n o w w all p r e v e n t t h a t b e in g d on e. W e m u s t r e ly u p on th e
good f a it h o f o u r a s s o c ia t e s h ere, w h o s a y t h a t th e y in te n d th a t
$100,000 s h a ll be f u l l c o m p e n sa tio n o f e v e r y k in d a n d ch a r a c te r .
T h e V I C E -P R E S I D E N T . T h e r e a r e tw o a m e n d m e n ts in th e
p a r a g r a p h on p a g e 41, lin e s 13, 14, 15, 16, a n d l i ; b u t th e y a i e
so r e la te d to e a c h o th e r a s to c o n s t it u t e p r a c tic a lly o n e su b jectm a tter. W ith o u t o b je c tio n , t h e tw o w ill b e in c lu d e d m th e
v o te. T h e q u e stio n i s on a g r e e in g to t h e a m e n d m e n t. O n th a t
q u e stio n th e S e n a to r fro m T e x a s h a s d em a n d e d th e y e a s an d
n a y s.
_ .
Mr. I I E Y B U R N . I w a n t to s e e i f w e u n d e r sta n d j u s t e x ­
a c tly w h a t th e e ffe c t o f t h is p r o v isio n w ill b e. T h e a m en d m en t,
or r a th e r t h e p r o v isio n w h ic h is su b m itte d fo r t h e d e te r m in a ­
tio n o f th e S e n a te , I u n d e r sta n d , i s a s f o llo w s :
For compensation of the President of the United states. ^
this sum to include all transportation expenses now othcrvrise provided
for by law, and this provision to take effect on March 4, lJih.

1095

a s i t i s n o w , w h ic h p r o v id e s fo r th e sa la r y o f th e P r e sid e n t a n d
b e su c h a m o d ific a tio n t h a t fro m y e a r t o y e a r w e c o u ld a p ­
p r o p r ia te $100,000, in s te a d o f $50,000, fo r h is sa la r y a n d n o t
c o n tr a v e n e th e p r o v isio n o f t h e C o n stitu tio n r e fe r r e d t o .
M r. W A R R E N . I do n o t k n o w w h e th e r I u n d e r sta n d t h e
S e n a to r c o r r e c tly , b u t th e in te n tio n o f t h is a m e n d m e n t is sim p lv to a p p r o p r ia te $100,000 fo r th e P r e s id e n t’s sa la r y , m p a c e
o f $50,000, a n d c u t o u t t h e $ 25,000 a d d itio n a l fo r t r a \ c l i n g
av

M r. B U R K E T T . W o u ld t h a t b e a m e n d in g th e e x is t in g la w
u n d er w h ic h t h e P r e s id e n t n o w d r a w s h is sa la r y , so t h a t y o u
c o u ld a p p r o p r ia te t h e se c o n d y e a r m o re th a n $o0,0UU, a s p io
v id ed b y th e p r e s e n t la w ? F o r e x a m p le , to g e t a t w h a t I rnea ,
w e h a v e la w s p r o v id in g fo r t h e s a la r ie s o f officers fo r w h o m
w e do n o t a p p r o p r ia te t h e f u l l a m o u n t. I h a v e m m in d o n e
officer fo r w h o m th e la w p r o v id e s $4,500 sa la r y , b u t C o n g ie s s
a p p r o p r ia te d o n ly $3,500. S o m e o f th e s e c a s e s h .
‘ v .
to th e c o u r ts, a n d th e c o u r ts h a v e h e ld t h a t th e P]‘u n t ih c o u ld
n o t e n fo r c e a c la im fo r t h e d iffe r e n c e b e tw e e n w h a t w a s a p p ro ­
p r ia te d a n d w h a t th e la w p ro v id ed , b u t t h a t th e f a ilu r e to a p ­
p ro p ria te t h e f u l l a m o u n t in a n y y e a r d id n o t r e p e a l th e s t a t u t e
p r o v id in g fo r th e sa la r y . N o w , i f w e sim p ly a p p r o p r ia te m
t h is b ill $100,000 fo r t h e P r e s id e n t’s s a la r y fo r t h e n e x t fisc a l
I s t h a t p r o v isio n fo r t h e s a la r y lim it e d t o t a k e e ffe c t M a rch .
y e a r w o u ld t h a t a lte r t h e la w u n d er w h ic h th e P r e s id e n t d r a w s
4, 1909?
in s s a la r y so t h a t w e c o u ld a p p r o p r ia te $100,000 t h e se co n d
Mr. H A L E . U n d o u b te d ly .
year w it h o u t c o n tr a v e n in g th e c o n s t it u t io n a l p r o v isio n in r eg a rd
M r. H E M E N W A Y . T h a t i s a ll.
to in c r e a s in g t h e sa la r y o f t h e P r e s id e n t d u r in g h is te r m o f
Mr. II E Y B U R N . W e h a v e n o t b een u s in g t h a t la n g u a g e m
fo rm e r a p p r o p r ia tio n b ills . I h a v e j u s t e x a m in e d th e m . T h e
° M r’ W A R R E N .
M r. P r e s id e n t, in m y ju d g m e n t i t w o u ld .
b ill under c o n s id e r a tio n p r o v id e s t h a t t h e s e a p p r o p r ia tio n s s h a ll
T h e p r o v isio n r e a d s in t h is w a y ------be fo r th e fisc a l y e a r . T h a t w o u ld m e a n t h e e n tir e fisc a l y e a r .
Mr. B A IL E Y . M r. P r e sid e n t, i f t h e S e n a to r fr o m W y o m in g
Mr. H E M E N W A Y . M r. P r e s id e n t------w ill e x a m in e th e s t a tu te , h e w ill fin d t h a t t h e S c n a to i fr o m
T h e V I C E -P R E S I D E N T . D o e s t h e S e n a to r fro m Id a h o y ie ld
Nebraska [M r. B urkett ] i s r ig h t. T h e p r e s e n t s t a t u te fix e s th e
to th e S e n a to r fr o m I n d ia n a ?
sa la r y in a c c o r d a n c e w it h t h e c o n s t it u t io n a l r e q u ir e m e n t j u s t a s
Mr. I I E Y B U R N . C e r ta in ly .
it fix e s t h e s a la r y o f M em b ers o f t h e H o u s e a n d o f th e S e n a te .
Mr. H E M E N W A Y . M r. P r e s id e n t, th e p r o v isio n i s to ta k e
T h e a p p r o p r ia tio n in t h e p en d in g b ill d o e s n o t a lte r t h a t s t a t u t e ,
effect M a rch 4, 1909, b e c a u s e t h e n e w P r e s id e n t c o m e s in to
an d n e x t v e a r v o u w ill find y o u r s e lv e s f a c e to f a c e w it h th e
office on M a rch 4, an d , u n d er t h e C o n s titu tio n , h is sa la r y c a n ,
| p r o p o sitio n — a n d b e lie v in g th e in c r e a s e w a s im p r o p e r a n d u n a u ­
h o t b e in c r e a s e d d u r in g h is term o f office. T h e o b je c t o f th e
th o r iz e d , I w a s w illin g to w a it u n til t h a t t i m e — y o u w ill h o d
c o m m ittee in m a k in g i t b e g in M a rch 4 i s to h a v e t h e in c r e a s e
y o u r s e lv e s fa c e to fa c e w it h tlie p r o p o sitio n t h a t th e s a la r y o
° f sa la r y b eg in w it h t h e in a u g u r a tio n o f t h e n e w P r e s id e n t.
th e P r e s id e n t i s fix ed , a n d t h a t y o u a r e n o t a b le to c h a n g e i t
Mr. I I E Y B U R N . T h en , in e ffe c t, i t r e p e a ls so m u c h in t h e
b jst a p p r o p r ia tio n a c t fo r th e p a y m e n t o f th e sa la r y o f t h e dU\ H ’ T E L L E R . M r. P r e sid e n t, I b e lie v e th e r e i s a g o o d d e a l
P r e sid e n t a s a p p lie s b e tw e e n M arch 4 a n d t h e en d o f t h e fisc a l j
*
in t iie su g g e s tio n t h a t h a s b een m ad e. I w o u ld su g g e s t
yea r.
|
f S s S a t w ™ ch a r g e o f th e b ill th a t, if it i s t h e w ill o f th e
Mr. H E M E N W A Y . That is the idea exactly.
1 S e n a te to fix t h e p r e s i d e n t s s a la r y a t $100,000 n e x t y e a r , w e
Mr. II E Y B U R N . T h a t i s o b v io u s.
j
w e u su p p o se t h e p u rp o se i s to fix i t a t t h a t a m o u n t f o i a ll
Mr. H E M E N W A Y . A n d it strikes out the provision for trav­ tim e t o c o m e ! I th in k if th e p r o v isio n c o u ld b e a m en d e d so a s
eling e x p e n se s, w h ic h would continue until July 1 next, unless ♦0 r e a d : “ F o r th e compensation of tlie P r e sid e n t o f t h e U n ite d
rep ea led b y t h is la n g u a g e .
.
mates after the 4th of March, 1 9 0 9 ”------...
.
Mr. IIEYBURN . It repeals two things. It repeals the ex­
Mr W A R R EN . Or the clause could commence with the v o id
isting appropriation for the payment o f the regular salary
m ^ t f i l ER
Let it read, “ The compensation of the PresiMr. H E Y B U R N . A n d i t r e p e a ls th e ite m in th e su n d ry c m l j dent of the United States after the 4th day of March, 1909, shall
a p p ro p ria tio n a c t o f t h e la s t s e s s io n o f C o n g ress, w h ic h p ro­
sified fo r th e p a y m e n t o f $25,000, or so m u c h th e r e o f a s m ig h t
m ! ' Hv \ k r e N .
\
W o u ld t h is m e e t t h e v ie w s o f t h e S e n a to r
fr o m C olorad o, “ T h a t h e r e a fte r th e c o m p e n sa tio n o f t h e PresLb e n e c e s sa r y , fo r t r a v e lin g e x p e n se s.
Mr. H E M E N W A Y . That is the effect.
! d o u t o f th e U n ite d S ta t e s ,” a n d so fo r th ?
,
U r TELLER. N o; I think it would be better the other way.
Mr. H E Y B U R N . I t w a s in ord er t h a t w e m ig h t h a v e so m e
u ., H E M E N W A Y . I suggest it could be amended so as to
u n d e r sta n d in g t h a t I r a is e d t h e q u e stio n .
. . ..
Mr. C U L B E R S O N . M r. P r e sid e n t, I d id n o t o b je ct to t h e r i ‘" From*The t i l of M a rA , 1009,
t t e r c ^ e r the ^In ry
su g g estio n o f th e C h a ir a m o m en t a g o t h a t t h i s p r o v isio n be o f the President of the United States shallbe, and so forth.
v ° te d u p on a s o n e a m en d m en t, b u t I d e s ir e n o w to m a k e a
Mr TELLER. Shall be annually $100,000.
sp ec ia l r e q u e s t t h a t t h e q u e stio n b e d iv id e d , so t h a t th e tw o
Mr B U RKETT. Mr. President, I suggest a safer way
a m en d m en ts m a y b e v o ted on s e p a r a te ly . T h e fir s t a m en d m en t
Mr' W A R R E N . Iu answer to the question of the Senator
fn N
ii
l
will sav that the object of the committee in
m th e o n e to s tr ik e out, “ f i f t y ” a n d in s e r t “ o n e h u n d red .
fiom NebrasKa, x w
^
tWs way ig the same as m the
T h e VICE-PRESID EN T. The a m e n d m e n t s are separable.
! ^ o f ” he change in our own salaries. These matters have
Mr. T E L L E R . W h a t i s th e o th e r a m en d m en t?
t Mr. C U L B E R S O N . T h e o th e r is th e I ta lic iz e d p a r t ^ o m e eome up for appropriation each year. W e do not contemplate
S e n a to r s m ig h t d e sir e , i f th e sa la r y i s by v o te o f t h e S e n a te U at t e President of the United States or a Senator has to go
to law to get his salary, because we have to appropriate for
b “ t a t $50,000, to p a y tr a v e lin g e x p e n se s. P e r s o n a lly I am op
f
P osed to t h a t a n d v o te d a g a in s t it, b u t I th in k tlie t w o a m en d
S M r.hBA*ILEY. I f the Senator will permit me just a mot
ffmnts a r e se p a r a b le an d o u g h t to b e v o te d u i ^ ^ p a r n t ^ y .
T h e V I C E -P R E S ID E N T . T h e S e n a to r is e n title d to a se p a
1 Mr w \RREN. I desire to finish my sentence first; but I
1
ra te v o te u p o n e a c h a m en d m en t.
Mr. B U R K E TT and Mr. L O D G E addressed the
. •
, in,it that if the Senate wishes to fix it for the future, and
The VICE-PRESIDENT. The Senator from NebrasKa.
Provide so much annually, we had better elaborate and change
M r L O D G E . I w a n t to b e h ea rd on th e p o in t o f o rd er bcho section. For one, I am willing to do so.
Mr B A IL E Y . I would suggest to the Senator that, so far
Mr. B U R K E T T . M r. P r e sid e n t, th e r e is a q u estio n w h ic h I as* the compensation of Representatives and Senators may lie
sh o u ld like to ask the c o m m itte e i f ^ e y have co n su le r e ^
concerned we can increase that or decrease it from time to
Point m a y h a v e been raised by t h e Senator from G e o ^ ia [ ^
time
There is no constitutional limitation in that respect; but
B a c o n ], but I co u ld not hear a ll that b e
O f course
it is only in the case of the Supreme Court and of the President
Constitution prohibits an increase in th e sa . y
. , ? -j} that there is a prohibition against a change. In the case of the
during h is to m of offleo. Dues the S e n a to r U>«1 W
“
Jgf S E
Supreme Court it is provided that the salary shall not be diminbelieve th a t this p r o v isio n a s It I s written will modify th e law




CONGRESSIONAL RECORD—SENATE.
ishecl. Of course, that was to keep the Congress from subject­
ing the court to Congress’s will by reducing their salaries. In
the case of the President the provision is that the salary shall
be neither diminished nor increased, which obviously was in­
tended to keep Congress from stripping the President and as
obviously to keep the President from blandishing the Congress
into giving him too much.
Mr. HALE. If the Senator will allow me, I believe he is
entirely correct; that if the clause is left as now stated in the
bill, at the end of this year we shall be confronted with the
same situation, and the salary of the President would not be
increased except for one year. But that can all be remedied if
you add at the end of the clause “ and hereafter the salary o
the President shall be as provided in this section.”
Mr. BAILEY. Or “ shall be $100,000 per annum.”
Mr. McLAURIN. If the Senator in charge of the bill will
allow me; if he will strike out lines 1G and 17 and insert the
words, “ after the 4th of March, 1909, the salary of the Presi­
dent of the United States shall be $100,000 per annum,” it will
accomplish it.
Mr. WARREN. The Senator from Indiana has an amend­
ment to offer.
Mr. HEMENWAY. In line 13, after United States, add
“ from March 3,1909, and annually thereafter.”
Mr. BAILEY. That does not fix it.
Mr. HEMENWAY. So that it will read:

For compensation of the President of the United States from M
arch
S, 1909, and annually thereafter, $100,000.
v

'

i

i !V

Mr. BAILEY. Of course, I hope the Senate will vote down
the amendment; if it does not, I realize that the committee can
arrange it in conference and state it carefully; but the sug­
gestion of the Senator from Mississippi fixes his salary, first
by striking out “ and,” where you limit it to the 4th of March,
or you might leave that there so as to avoid any question.
Mr. HEMENWAY. Let me again call the attention of the
Senator to this reading:

For compensation of the President of the United States from M
arch
3, 1909, and annually thereafter, $100,000.
i




Mr. BAILEY. That merely appropriates.
Mr, HEMENWAY. “And annually thereafter.”
Mr. BAILEY. If the Senator will say, “ And annually here­
after the compensation of the President shall be $100,000," then
it will-----Mr. HEMENWAY. Would not that be a repetition?
Mr. BAILEY. No. The Senator knows the constitutional
requirement that the President shall receive for his services a
compensation that is fixed.
Mr. HEMENWAY. “And annually thereafter $100,000.”
Mr. BAILEY. We do not want to make an appropriation.
W e want to fix the salary.
Mr. HEY BURN. I should like to hear it read.
Mr. McLAURIN. Put it in as I have suggested, and it will
be right.
Mr. HEMENWAY. I think it is right as it is, and I move
it as I suggested it.
The YTCE-PRESIDENT. The Senator from Indiana proposes
an amendment, which will be stated.
The S ecretary. After the words “ United States,” in line 13,
it is proposed to insert “ from March 3, 1909, and annually
thereafter.”
Mr. BURKETT. That makes an appropriation, a continuing
appropriation for all time, the way it is worded— “ $100,000 a
year ’’— and it does not change the existing law under which the
President draws salary. I submit the purpose could be accom­
plished by taking the law as it is and simply substituting
$100,000 for $50,000.
Mr. IIEYBURN obtained the floor.
Mr. CARTER. Mr. President-----The VICE-PRESIDENT. Does the Senator from Idaho yield
to the Senator from Montana?
Mr. HEYBURN. I will yield in a moment. I want to direct
attention to the language of the amendment. We can not ap­
propriate money for this year and hereafter.
Mr, HALE. No.
Mr. HEYBURN. That is the language of the amendment.
We can not do it. I ask that the amendment be read which
contains that vice. We can provide what the salary shall be,
but we can not appropriate $100,000 annually hereafter.
The VICE-PRESIDENT. The Senator from Idaho------Mr. IIEYBURN. I ask that the amendment be read.
Mr. HEMENWAY. As there seems to be much difference of
opinion, I will follow the suggestion of the Senator from Maine
and the Senator from Mississippi. In line 15-----r!rnwa
BT'M’UESm ENT. The Senator from Indiana withQiaus tie oiher amendment?

J an u a r y 19,

Mr. HEMENWAY. I withdraw the other amendment.
The VICE-PRESIDENT. The Senator from Indiana with­
draws the amendment heretofore proposed.
Mr. HEMENWAY. In line 15, after the word “ and,” strike
out the present words and insert:

After the 3d of M
arch, 1909, the salary of the President shall be
$100,000 per annum.
Mr. BEVERIDGE. That is it.
The VICE-PRESIDENT. The Secretary will state the pro­
f-posed amendment.
The Secretary. In the committee amendment, after the
word "a n d ’ at the end of line 15, strike out the remainder of
the paragraph and insert:

3d of M
arch, 1909, the salary of the President shall be
$100,000 per annum.
Mr. CLAY. Do we appropriate anything for his salary?
Mr. LODGE. That comes first, as it stands now.
Mr. CLAY. If we simply say his salary shall be $100,000
and do not appropriate, he would not have any money at all.
Mr. BAILEY. I suggest to the Senator from Indiana that
lie strike out the word “ salary ” and Insert “ compensation.”
That Is the constitutional word.
Mr. HEMENWAY. We accept the amendment to strike out
“ salary ” and insert “ compensation.”
The VICE-PRESIDENT. The question is on agreeing to the
amendment In line 14, which will be stated by the* Secretary.
The Secretary. In line 14, before the word “ thousand,” it is
proposed to strike out “ fifty” and insert “ one hundred;” so
that, if amended, it will read:

For compensation of the President of the United States, $100,000.
The VICE-PRESIDENT. On this question the Senator from
Texas demands the yeas and nays.
The yeas and nays were ordered.
Mr. CARTER. A parliamentary inquiry. Mr. President. Has
the Chair held that the amendments are separable’
The VICE-PRESIDENT. The Chair is of the opinion they
are separable. The Chair first suggested that perhaps the Sen­
ate would vote upon them both at once, as they relate to the
same general subject-matter, but the Senator from Texas desirerl a vote upon each separately. In the opinion of the Chair
the -Senator is entitled to have a separate vote. The Secretary
will call the roll.
The Secretary proceeded to call the roll.
Mr. DAY IS (when the name of Mr. Clarke of Arkansas was
called). My colleague [Mr. C larke of Arkansas] is paired with
the Senator from Rhode Island [Mr. A ldrich]. If he were
present, he would vote “ nay.”
.Ylr. OWEN (when bis name was called). I transfer my pair
1 the Senator from Illinois [Mr. H opkins ] to rnv colieagno
[Ylr. Gore] and will vote. I vote “ nay.”
Mr. TAYLOR (when his name was called). I transfer fflY
pair with the Senator from New Jersey [Mr. B riggs] to the
Senator from Kentucky [Mr. McCreary] and vote “ nay.”
Alt,. CULBERSON (when Mr. T illman ’ s name was called)'
1 In Sen.itoi trom South Carolina is paired with the Senator from
Y ennont [Ylr. D illingham ], If he were present, he would vote
“ nay.”
The roll call was concluded.
YIi. CLRTIS (after having voted in the negative). I d®*
sire to inquire if the junior Senator from Delaware [MrR ichardson] has voted?
The VICE-PRESIDENT. He has not.
Ylr. CURTIS. I desire to withdraw inv vote and announce
my pair with that Senator.
J1'* GAMRLE (after having voted in the affirmative). 1
voted on the roll call, but I discover that my pair, the senior
Senator from Nevada [Ylr. Newlands ], has not voted. I wifi
transfer my pair to the senior Senator from Washington [Mr.
A nk eny ] and will allow my vote to stand.
The result was announced— yeas 35, nays 30, as follows:

Bourne
Bulkeley
Burnham
Burrows
Carter
Clark, W
yo.
Crane
Cullotn
Dick

Dixon
du Pont
Elkins
Flint
Foraker
Frye
Fulton
B a llin g e r
Gamble

Bacon

Borah
Brown
Burkett

YEAS—35.

Guggenheim
Ileinenway
H eyburn
Kean
Kittredge
Knox
Lodge
Long
Hale

Page
Perkins

Scott
Smoot
Sutherland
W arner

W
arren
W
etmore
l

N A Y S— 30.

Bailey
Bankhead

Beveridge

Clapp

Clay
Culberson
Davis
D o lliv e r

Frailer
Johnston
H Folletta
a
Gary

CONGRESSIONAL RECORD— SENATE.

1909. *
MeLaurin
Martin
Milton
Money

Aldrich
Ankeny
Brandegee
“ figgs
Clarke. Ark.
J-Uttim
lns
Curtis

Rayner
Overman
Simmons
■Q ejj..
w
Smith, M
d.
Limner
Taliaferro
Piles
NOT VOTING—27.
McCreary
Daniel
Depew
McCumher
Dillingham
McEnery
Nelson
Foster
Newlands
Gore
Nixon
Hansbrough
Penrose
Hopkins

Taylor
Teller
Platt
Richardson
Smith, Mich.
Stephenson
Stone
Tillman

So the amendment was agreed to.
Mr. SM ITH of Michigan subsequently sa id : Mr. President,
0,i the roll call with reference to the increase o f the salary of
the President, I voted on the first roll call to make the salary
§75,000, and on the second roll call I was absent from the
Chamber temporarily. If I had been present I should have
voted “ nay.*’ I simply want the R ecord to show that.
The VIC E -P R E SID E N T. The question is on agreeing to the
Amendment proposed by the Senator from Indiana [Mr. Hemenw ] to the committee amendment. The amendment to the
ay
Amendment will be stated.
The Secretary. In line 10 it is proposed to strike o u t:

This provision to take effect on March 4, 1909.
And to insert in lieu th ereof:

..After the 3d of March, 1909, the compensation of the President of
llle Lnited States shall be $100,090 per annum.
The amendment to the amendment was agreed to.
The amendment as amended was agreed to.
The V IC E -P R E SID E N T . The next passed-over amendment
be stated.

The

S ecretary.
On page 41, line 19, before the word “ thous<md,” it is proposed to strike out “ twelve ” and insert
twenty,” and after the word “ do lla rs” to insert “ to take
e"ect on March 4, 1909,” so as to rea d :

compensation of the Vice-President of the United States, $20,000,
0 bike effect on March 4, 1909.
inJrr. W A R R E N . Agreeably with the notice I gave this mornI move that the word “ twenty ” be stricken out and the
oi'ii “ fifteen ” inserted.
The amendment to the amendment was agreed to,
*he amendment as amended was agreed to.
next passed-over amendment was, on page 42, after line
to insert:

Purchase, driving, maintenance, and care of carriage or other
e"lcle, and of horses, for use of the Vice-President, $5,000.
I ask that the amendment be disagreed to.
amendment was rejected.
the next passed-over amendment was, on page 44, after the
“ dollars,” in line 20, to in sert:
W ARREN.

W ^ Secretary of State, to be appointed by the President, by and
ith5
flu ? the advice and consent of the Senate, who shall perform such
vidiSV13 the Secretary of State may designate and as may be proTj* b> law, $1 0 ,0 0 0 .
’
Mr. CU LBERSO N. Mr. President, the amendment just reJcfted is under the head of the Department of State, and I
'jJ® several other amendments under the same subdivision,
tion ^ h d m e n t s taken together amount to the creation o f addi­
tion
oltices of the Government, and consequently an addlSen-i r ai)I»ropriation of money. I would be glad to have some
H , t0r (the Senator in charge of the bill, o f course, preferb]
tvh'it ° r 801110 other Senator fam iliar with the subject) state
i w j . n° e<h if any, there be for this increase of offices. I may
1 1 incidentally that I notice the first new office is that of
01
Secretary of State at a salary of $10,000. I am not
U i m " ’ itii the phrases o f monarchy, but it strikes me that
our I Secretary of State is a little bit out of the ordinary, in
Wha* , Untr>’ at least'* and I would be glad not only to know
a u 0Vrlecessity there is for creating these additional offices, at
in tlM,<‘nse of thirty or forty thousand dollars a year, I believe,
S e rw ab'Rregate, but why wo should use that term “ Under
i t * * 1 Of s t a t e ? ”
*
(he An a r r EN. Mr. President, I desire to say on the part of
(hat « o blatio n s Committee that nearly all of the amendments
Ds h i'* )iave been considering yesterday RRd to-day were sent
oq j.', ot'*
Jer standing committees— for instance, the Committee
CW ]nhlUce* ^h e judiciary matters came from the Judiciary
Coilm j' ep* *tnd this particular matter came to us from the great
S o C * tte° 00 Foreign Relations. I presume we will hear from
Mr
° ( that committee.
, ,
,
Coin ' , r , ° DGK- Mr. President, the amendment was before the
fidvj.n,1 00 on Foreign Relations, and the committee had the
*»ent
considering it of hearing in regard to it the state
Thu\
r' Ro°t. who is just now leaving the department.
ibStuLjJ80 l8» briefly, th is: The D epartm ent of State has been
do J C Q t i y supplied witli aids for the Secretary of State. I
mean that the clerical force, the ordinary working force




1097

of the department, is insufficient, but I mean the Secretary of
State has not had the assistance he ought to have liad. Our
foreign business everywhere has grown and expanded immensely
of late years, and there has been no corresponding growth in
the assistance given to the Secretary of State. If I may use
the language o f Mr. Root, he has been doing the work of two
men. He has been endeavoring to deal with the very great and
momentous questions that come before him as Secretary of
State, involving our relations with other nations and which
require the very best thought that the ablest man can give, and
at the same time he is obliged to attend to the administration
o f the department.
I know that the work was so severe, the burden so heavy, that
it was a leading cause in the breaking down of Mr. H ay’s health.
I know how heavy the burden has been for Mr. Root to carry;
and, Mr. President, at the beginning of the new administration
I think there is nothing more important than to give to the
Secretary of State the assistance that he ought to have. The
work is being gradually divided among the different assistant
secretaries, so as to be properly organized. But more than that
is needed. Some man is needed there who can take upon him­
self, in the absence of the Secretary, or when the Secretary is
occupied in other work, the administration of the department—
a man who is fitted, if necessary, to be Secretary of State. W e
want a man in a higher position, at a larger salary than is
awarded an assistant secretary.
>
W hat name we give him is unimportant. So far as I am
concerned, I am perfectly willing if a better name can be found
to see it taken by the Senate. But after some consideration in
the committee, where the same objections were made, we came
to the conclusion that it was as good a phrase as any. It is
desired to differentiate the office from that of assistant secre­
tary. The fact that it is used in England for convenience seems
unimportant. The object is to get a position which shall be
different from that of assistant secretary, of more importance,
with larger salary, to be held by a man who wall relieve the
Secretary of State of duties which ought not to be imposed
upon him.
I sincerely believe that no amendment lias been suggested to
the bill which will make more for the better transaction o f the
business of the Government of the United States than the
i amendment now before the Senate.
Mr. BACON. Mr. President, there is something in names.
It is perfectly natural that in a republican government we
should not desire the names that are common in monarchical
governments. For instance, I have always been opposed to
the designation of the governor of the Philippines as “ governorgeneral.” W e have never adopted it in the law. It was pro­
posed once, and, I think, passed one o f the Houses by that
name, and was taken out.
Now. as a member of the Foreign Relations Committee, I, in
common with all the other members o f the committee without
ex< option, I think I may state with propriety, favor this legisla­
tion. after having given it in committee the most careful consid­
eration. I did not like the name “ undersecretary,” and I do
not like it now for the reasons which I have already suggested.
I want to suggest— and I think 1 have good reason to believe
that it will be acceptable to everybody— the use of the term
“ vice-secretary ” instead of “ undersecretary.” I am quite
sure it yvili be acceptable to those who are mostly concerned.
j
I want to say— for I was out of the Chamber a m o m e n t while
the Senator from Massachusetts was on the floor, and I do not
know whether he mentioned the fact— that it is intended that
this officer shall be superior to the assistant secrotarie8 a5al
that in the absence of tlie Secretary he shall be Acting Secietarv.
Mr CULLOM . That is right.
^
„
Mr' BACON. And (be word “ v ice” carries the full meaning
o f it and it is more consistent with the terms usually used m
this country. I trust that that suggestion may be favorably
vc I
h
I will" make a motion to amend by striking out the word
“ undersecretary ” and inserting “ vice-secretary ” in lieu
thereof.
The V IC E -P R E SID E N T. The Senator from Georgia pro­
mises an amendment, which will be stated.
The S e c r e t a r y . In the committee amendment, in line 20, it
is proposed to strike out the word “ under” and insert in lieu
thereof the word “ vice,” so as to read “ vice-secretary.”
Mr LODGE. I am not wedded to any particular title, if a
suitable' one can be found. “ Vice,” it seems to me, is used
e x c l u s i v e l y for presiding officers,
Mr. BACON. Not at all.
Mr LODGE. It does not seem to me, if I may venture to
sav so a particularly happy term for a secretary. I confess




1098

CONGRESSIONAL RECORD— SENATE.

J anuary 19,

I am at some loss, because it is desirable to differentiate this
The Secretary, On page 45, in the committee amendment,
office from that of assistant secretary, which is the natural iines 3 and 4, strike out the words “ ten thousand ” and in lien
term. “ Second secretary” has been suggested, but I do not insert the words “ seven thousand five hundred.”
think it would be appropriate.
The VICE-PRESIDENT. The question is on agreeing to the
Mr. BACON. Throughout this country, not only in official amendment of the Senator from Texas to the amendment of
life but in business life, the w ord “ Tice ” is used where the per­ the committee.
r
son chosen is to stand in place of the principal officer. It is pe­
The amendment to the amendment was rejected.
culiarly an American title. I say peculiarly; that is not the
The VICE-PRESIDENT. The question is on agreeing to the
proper word. It is one generally used, I should say, We say amendment as reported by the committee.
“ vice-president ” ----The amendment was agreed to.
Mr. BEVERIDGE. It is distinctly monarchical, as “ viceThe VICE-PRESIDENT. The Secretary will report the next
regent ” and “ vice-gerent.”
amendment passed over.
Mr. BACON. For that reason I changed my statement, and
The Secretary. On page 40, after the word “ d o lla r s in line
I said it was general. It is used in business corporations and 1, insert:
everything else, whereas the term “ under ” is not used in this
Said private secretary and clerk to the Secretary of State to be nP
‘
pointed by the Secretary of State; private secretary to the Under Sec­
country in anv connection.
retary of State, $2,500; clerk to Under Secretary of State, $1,500.
Mr. CARTER. Mr. President-----Mr. WARREN. I hare an amendment which I wish to offerThe VICE-PRESIDENT. Does the Senator from Georgia
The VICE-PRESIDENT. The Senator from Wyoming Pr0"
yield to the Senator from Montana’
poses an amendment to the amendment, which will be stated. t
Mr. BACON. Certainly.
The Secretary. On page 4G line 5, after the word “ dollars,
,
Mr. CARTER. I suggest to the Senator from Georgia the
propriety of using the words “ chief assistant secretary” in­ insert a comma and the words “ to be appointed by the Secre­
tary of State.”
stead of the word “ vice.”
The amendment to the amendment was agreed to.
Mr. BACON. The Senator from Montana is also a member
The amendment as amended was agreed to.
of the Committee on Foreign Relations, and he will remember
Mr. CARTER. Has the amendment appearing in line 6, pa?c
the fact that in the discussion the idea was brought out and
emphasized that the particular grade of officer it was desired to 45, been agreed to?
Mr. WARREN. I understand that that was agreed to a3
secure the services of could be more easily gotten if the word
we went along in the first day's consideration of the bill.
“ assistant ” was not used.
The VICE-PRESIDENT. It was agreed to when reached i®
Mr. CARTER. The words “ chief assistant” would operate
to differentiate, I should think. It would depart from the usual the reading of the bill. The next amendment which was pas^ed
over will be stated.
„
order somewhat, at least.
The Secretary, On page 46, line 10, after the word “ each,
Mr. NELSON. I wish to say about the term “ undersecre-1
tary,” it is borrowed from the English, and it is in many por- j in s e r t :
Private messenger to the Secretary of State, $1,000.
tions of our common law. They have in the English system !
what they- call “ undersecretaries ” in the various departments, j The amendment was agreed to.
and those undersecretaries are considered as permanent officers, j Mr. WARREN. T assume it is not necessary for me to caff
who do not go and come with a change of administration.
attention to the totals from time to time, as the Secretary l>:lS
Mr. LODGE. That is quite true.
authority to change the totals to conform.
Mr. NELSON. They are continuously there and are supposed
The VICE-PRESIDENT. The Secretary lias that authority
to be familiar with all the intricacies of the department duties. by order of the Senate heretofore made. The Secretary wil
We are simply adopting a well-known term that has been in j report the next amendment passed over.
Mr. WARREN. I think the next amendment passed over W
existence for years and years in the British system of govern­
„
ment, and I think It is very appropriate, because I can conceive I on page 167.
The Secretary. On page 107, under the heading “ Judicialthat, in connection with our diplomatic affairs, it would be a
good plan to adopt the system they have there. An undersec­ in line 3, the committee proposed to strike out the word " tm
retary should be a permanent officer, who would not go and teen ” and insert “ eighteen,” so that if amended it will read:
For the Chief Justice of the Supreme Court of the United States,
come with a change of administration.
Mr. LODGE. Mr. President, the suggestion made by the $18,000.
Mr. WARREN. I move to strike out “ eighteen” and inser
Senator from Minnesota is very apt. Undersecretaries of
. t
course are well known in England. They are the men who are “ fifteen” before the word “ thousand."
Mr. BEVERIDGE. Do I understand the Senator to say th
always there and do not change with administrations. There
are also undersecretaries who do represent political parties, and the committee itself and all the members thereof agreed to
if their chief is not in the House of Commons they usually sit j amendment he is now moving, reducing the proposed increae
in the House of Commons. The same phrase is used in France as he has indicated?
Mr. WARREN. I gave notice this morning, after consuls
for undersecretaries of state and I think of other departments. ;
I think it is used simply as a convenience. Of course it has j with n part of the committee and in presence of the
been used in England, but a good many words that we use have that I would move that amendment when we came to it- B
been used in England, and I can see no objection on that ground. I think it is generally understood.
Mr. TELLER. As a member of the committee, I want to say
I see the same difficulty confronting the Senate that con- ;
n
fronted the committee and that confronted me. If I had had j that this is the first I have understood that the sum was to u ­
my choice and could have found a suitable name I should have changed. I wish to know from the chairman whether the Pr°*
preferred to have taken a distinct title not used in other coun­ posed reduction includes all the judges.
Mr. WARREN. I think the Senator from Colorado was j
tries, but when I was confronted with it I failed to think of a
,1
better one, and when the committee was confronted with it they the Chamber in the morning when we took up the bill.
failed to think of a better one than undersecretary. We all then the committee would move to reduce the salary of '*1
Chief Justice to 815,(XX) and of the associate justices to $TE J '
started with the desire to get some other phrase.
Mr. TELLER. If I was in, I did not appreciate what
I do not wish to seem critical. I do not think that the term
said.
"vice-secretary” is happy, and it seems to me that “ second j
The VICE-PRESIDENT. The question is on agreeing to * ®
secretary ” is misleading. “ Chief assistant ” is bringing in the ;
very word where we want to make the distinction. My own : amendment proposed by the Senator from Wyoming to
opinion is that this is the most convenient term we can find for j amendment of the committee.
The amendment to the amendment was agreed to.
the office which we desire to create.
The amendment as amended was agreed to.
The VICE-PRESIDENT. The question is on the amendment
The VICE-PRESIDENT. The next amendment passed o
proposed by the Senator from Georgia [Mr. B acon] to the
amendment of the committee, proposing to strike out the word will be stated.
The Secretary. In line 4, page 107, before the word tD ^
“ under ” and to insert the word “ vice.”
sand,” strike out “ twelve” and insert “ seventeen,” so that
The amendment to the amendment was rejected.
The VICE-PRESIDENT. The question is on agreeing to the amended it will read :
amendment as reported by the committee.
Mr. CULBERSON. I move to strike out “ ten thousand ” and
to insert “ seven thousand five hundred.”
The VICE-PRESIDENT. The amendment to the amendment
w ill b e stated.

And for eight associate justices, at $17,500 each.
Mr. WARREN. I move to strike out “ seventeen tbouw
and insert “ fourteen thousand.” so as to read " ?1 4 ,5 0 0 c«
The amendment to the amendment was agreed to.
The amendment as amended was agreed to.

,»

1909

CONGRESSIONAL RECORD— SENATE

and increase of pensions to certain soldiers and sailors of wars
other than the civil war and to certain widows and dependent
relatives of such soldiers and sailors, which was ordered to lie
on the table and be printed,

1207

PRESIDENTIAL APPROVALS.

A message from the President of the United States, by Mr.
M. C. Latta, one of his secretaries, announced that the Presi­
dent had approved and signed the following a cts:
W ITHDRAW AL OF PAPERS— CYPRIAN T. JENKINS,
On January 2 1 :
*
S . 213. An act for the relief of S. R. Green;
On motion of Mr. T aliaferro it was
S. 879. An act for the relief of John S. Higgins, paymaster,
O r d e r e d That there may be withdrawn from the files of the Senate
O the papers relative to the hill S. 1398, Sixtieth Congress, first United States N avy;
il
S. 1751. An act to reimburse Anna B. Moore, late postmaster
session, for the relief of Cyprian T. Jenkins, there having been no ad­
verse report thereon.
at Rhyolite, Nev., for money expended for clerical assistance;
S. 2253. An act for the relief of Theodore F. Northrop;
IMPROVEMENT OF APALACHICOLA RIVER AND ST, ANDREW BAY,
S. 3848. An act for the relief of James A. R u ssell;
FLORIDA.
S. 5388. An act for the relief of Benjamin C. W e lch ;
Mr. M ILTON submitted the following concurrent resolution
S. 8143. An act granting to the Chicago and Northwestern
(S. C. Res. 70) which was referred to the Committee on Com­
Railway Company a right to change the location of its right of
merce :
way across the Niobrara Military Reservation;
- R e s o l v e d l y th e S e n a te (th e H o u s e o f R e p r e s e n ta tiv e s c o n c u r r in g ),
S. 4632. An act for the relief of the Davison Chemical Com­
T«at the Secretary of War be, and he is hereby, authorized and1 <1
3rected to cause a ...survey__ a__ made of me most iT A , ondand practical pany, of Baltimore, M d .; and
to be maue oi the n feasible
no _ .
oe
iwwurc
-—
tom °f connecting the ' waters of Apalachicola n T iT and St Andrew
.
___
a
..i,!,^1 River
Amlrow
Say
St.
S. 6136. An act authorizing the Secretary of W ar to grant a
in the State of Florida, with a view to determining the advantage,
hast location, and probable cost of a canal connecting said waters, and revocable license to certain lands to Boise, Idaho.
T submit a plan and estimate for such improvement.
0
LEGISLATIVE, ETC., APPROPRIATION BILL.
CLAIMS AGAINST CHOCTAWS AND CHICKASAWS.
Mr. W A R R E N . I ask the Senate to resume the consideration
Mr. TE L L E R submitted the following resolution (S. Res. 258),
of the legislative appropriation bill.
which was considered by unanimous consent and agreed to.
There being no objection, the Senate, as in Committee of the
(H e5°It,ed' Tliat the Secretary of the Interior be, and he t hereby,
v^
directed to transmit to the Senate the report of J. W Ilowell, an assist- Whole, resumed the consideration of the -bill (H . R. 23464)
.
a»t attorney in the office of the Assistant Attorney-General for the making appropriations for the legislative, executive, and judicial
, epartment of the Interior, covering the Investigation conducted by expenses of the Government for the fiscal year ending June 30,
u1 by order of the President of the United States or the Secretary of
'1
Interior during the months of November and December, 1908, of 1910, and for other purposes.
The VIC E -P R E SID E N T. The Secretary will report the
pending amendment.
with said report all papers tiled witn tne ueparuneut
Mr. W A R R E N . The pending amendments are on pages 167
lonned the basis of said investigation, as well as all data, memoranda,
pnotographs, and all other evidence of every kind and description per- and 168, commencing in line 13.
T vi-njir or appertaining to said investigation and secured by said
The V IC E-PR E SID EN T. There is pending an amendment to
" • Howell or any other officer or agent of the department connected
11 said investigation and of which any notation was made.
11
the amendment, which the Secretary will state.
The S ecretary. On page 167, line 13, it is proposed to strike
AMERICAN SUGAR REFINING COMPANY.
t,
out “ ten ’’ and insert “ eight,” so as to rea d :
. Mr- CULBERSON. I offer the resolution which I send to
Circuit courts: For 29 circuit judges, at $8,000 each.
«
16 desk, and I ask unanimous consent for its present consid­
eration.
The V IC E-PR E SID EN T. That is the amendment proposed
by the Senator from Idaho [Mr. B orah ]. The question is on
The VIC E-PR E SID EN T. The resolution will be read.
.agreeing to the amendment to the amendment.
-M Secretary read the resolution (S. Res. 259), as follows:
io
Mr. BO RAH . I desire to ask the Senator in charge of the
t o u t e d , That the Attorney-General he, and he is hereby, directed
0f
to the Senate copies of all correspondence in the Department bill a question with reference to the expenses and the allow­
by tkf4!® bating to an alleged violation of the act of Julj’
ances now made to take care of the expenses.
lo a n LA“ er.lcflD Sugar Refining Corupany In corniertion]wJH^anjlieged
Mr. W A R R E N . I stated yesterday the law regarding the
thmL*bat company to one Segal, in whlcli was pledged as security’
|
Rrfn?f0r a _
,ua.lonty of the capital stock of the fennsylvani®hSjlg \l expenses, and I have in my hand, which has just come from
I
..-“Ring Company with voting power thereon, and under which t is
allegc(i%nu...‘i..u , A was entered Into that the Pennsylvania Sugar the Treasury Department, a statement for the last fiscal year
l ni“' \
(l
an agreement nolin7JC into
of the expenses paid by the Government for each and every
wehning Company should not engage in business.
The V IC E-PR E SID EN T. Is there objection tc the present one of the circuit and district judges.
The way the bill stands, it would leave the matter of ex­
* * * * * * of the resolution?
^
penses exactly as the present law provides. They would have
The V tuf 'pm5«nlvvT0lVOhTecUon being made, the resolu- I the salary we may accord them, and it would simply reimburse
tion will lie over
L’
3
them for what they have paid out, provided it did not exceed
810 in any one day. It is impossible for them to get a penuy
JOSEPH F. RITCHERDSON.
legally except where they have paid it out in traveling expenses
Mr. McCREARY
I ask unanimous consent for the immediaway from home, and it is impossible for them always to get
Jte consideration of the bill (S. 4116) authorizing the Secre- as much as they pay out, because of the limit of $10 per day.
of W ar to place the name of Joseph F. Ritcherdson on the
Perhaps the Senator would like to have the list read.
l 0l|s of Company C, One hundred and twenty-second Illinois
Mr. BO RAH . I do not know that I care to have it read.
v°hinteer Infantry, and issue him an honorable discharge. I The law now provides a means by which they have an expense
f 1 1 state that a precisely similar bill passed the Senate at the account up to $10 a day.
1
xa«t Congress.
,
. . .
I believe there was a call for the yeas and nays on this
. Mr. W A R R E N . Mr. President, I am sorry to have to object.
question.
" llt I gave notice a little while ago that I should feel compelled
Mr. W A R R E N . Does the Senator wish to move nine thou­
jo call up the legislative appropriation bill. Therefore I shall
sand or eight thousand?
oat'e to object.
...
The VIC E-PR E SID EN T. The amendment to the amendment
. M r . M cCREARY. I hope the Senator will not object to this
proposes to strike out “ ten ” and insert “ eight.”
I did not hear him give the notice to which he lefeis.
Mr. W A R R E N . Very well. I hope the amendment will be
The V IC E -P R E SID E N T. Objection is made.
lost.
USE OF CARRIAGES BY OFFICIALS.
The V IC E-PR E SID EN T. The question is on agreeing to the
The VIC E -P R E SID E N T laid before the Senate the following amendment to the amendment, on which the yeas and nays
^solution (S. Res. 257), submitted by Mr. Flint on the *.0th have been ordered.
Mr. SCOTT. The change is what? W ill the Secretary again
instant:
her,*\Sohe, d' That th0 Committee o n A p p ro p ria tio n s t e . and they are state the amendment?
. i reby, directed to uncertain and report to the Senate wnetner any
The S ecretary. On page 107, line 13, it is proposed to amend
offi hM of the Government, Including the army iR navy, arc devoting
my and navy, are
to
na
other the committee amendment by striking out “ ten ” and inserting
Vein i r Oersonul or private use nny cnrrlagejh automobllM, or _
e
'chides which are the property of or are provided by the Government. « eight,” so as to read:
Mr. W A R R E N . I do not see the Senator from California in
For 29 circuit Judges, at $8,000 each.
hllS seat at this moment, and I suggest that the resolution lie
Mr. W A R R E N . I suggest the absence of a quorum,
oter without prejudice.
... .
The V IC E-PR E SID EN T. The Senator from Wyoming sug­
The V IC E -P R E SID E N T. Without objection, it will be so
gests the absence of a quorum. The Secretary will call the roll.

ordered.







1208

CONGRESSIONAL RECORD— SENATE.

The Secretary called the roll, and the following Senators
answered to their names:

Bacon
Bailey
Bankhead
Beveridge
Borah
Bourne
Brandegee
Brown
Bulkeley
Burkett
Burnham
Burrows
Carter
Clapp
Crane
Culberson

Cullom
Curtis
Davis
Depew
Dick
Dillingham
Dixon
du Pont
Flint
Foraker
Foster
Frazier
Frye
Fulton
Gallinger
Gam
ble

Gary
Guggenheim
Hale
Hemenway
* Johnston
Kean
Kittredge
Knox
La Follette
Lodge
Long
M
cCreary
M
cEnery
M
cLaurin
M
artin
M
ilton

Overm
an
Page
Paynter
Penrose
Perkins
Rayner
Scott
Simmons
Smith. M
d.
Stephenson
Taliaferro
Teller
Tillman
W
arner
W
arren
W
etmore

Bourne
Brandegee
Bulkeley
Burnham
Burrows
Carter
Clark, W
yo.
Crane
Cullom
Depew
Aldrich
Ankeny
Beveridge
Borah
Briggs
Clarke, Ark.

NAYS—38.
Dick
Heyburn
Dillingham
Kean
du Pont
Kittredge
Flint
Knox
Foraker
I/)dge
Frye
Long
Gallinger
Penrose
Guggenheim
Perkins
Hale
Piles
Hemenway
Rayner
NO VOTING—23.
T
Cummins
Hansbrough
Daniel
Hopkins
DoH
irer
M
cCum
ber
Elkins
M
oney
Foster
Newlands
G
ore
Nixon

J anuary 21,
Richardson
Scott
Smoot
Stephenson
Sutherland
Teller
W
arren
W
etmore

Smith, M
ich.
Stone
Taylor

The VICE-PRESIDENT. Sixty-four Senators have answered
to their names. A quorum of the Senate is present
Mr. WARREN. I ask that the question be stated.
The VICE-PRESIDENT. The Secretary will again state
the amendment to the amendment.
The Secretary. On page 167, line 13, the amendment of the
committee proposes to strike out “ seven ” and insert “ ten.”
It is'now proposed to strike out “ ten” and insert “ eig h t;”
so as to read:
For 29 circuit judges at $8,000 each.

So Mr. B orah' s amendment to the amendment was rejected.
The VICE-PRESIDENT. The question recurs on agreeing
to the amendment of the committee.
The amendment was agreed to.
The next passed-over amendment was, on page 1G7, line 23,
to strike out “ s ix ” and insert “ eigh t;” and in line 25, b e fo r e
the word “ thousand,” to strike out “ five hundred and four"
and Insert “ six hundred and seventy-two,” so as to read:

Mr. BACON. I understand— and I will ask the Senator from
Wyoming if I am correct— that if the salary is fixed at $8,000,
the judges will in addition to that get the per diem of $10 a
day for expenses when away from their homes.
Mr. WARREN. As I have already stated, it does not interfere
with the present law. It is simply a vote upon the question of
the raise of salary.
Mr. BACON. Then I am correct in that statement?
Mr. WARREN. They get their reimbursement of expenses
when away from borne.
Mr. BACON. I understand.
Mr. WARREN. Not exceeding $10 a day.
Mr. TELLER. They get no allowance when at home, but
when away they get the expenses absolutely incurred, not ex­
ceeding $10 a day.
Mr. BACON. I understand that.
The VICE-PRESIDENT. The Secretary will call the roll on
the question of agreeing to the amendment to the amendment.
The Secretary proceeded to call the roll.
Mr. CLARKE of Arkansas (when his name was called). I
am paired with the Senator from Rhode Island [Mr. A ldrich],
I do not know how he would vote, if present. I withhold my
vote.
ilr. WARREN (when his name was called). I have a gen­
eral pair with the Senator from Mississippi [Mr. M
oney]. He
is not present at this moment. I transfer the pair with the Sen­
ator from Mississippi [Mr. M
oney] to the Senator from New
York [Mr. Platt], and I will vote. I vote “ nay.”
The roll call was concluded.
Mr. KEAN. My colleague [Mr. Bricgs] is necessarily absent.
If lie were present, be would vote “ nay.” He is paired with
the Senator from Tennessee [Mr. Taylor].
Mr. CLARK of Wyoming. I have a general pair with the
Senator from Missouri [Mr. Stone]. I transfer the pair for
this vote and for the day to the Senator from Washington [Mr.
A nk eny ]. I vote “ nay.”
Mr. BAILEY (after having voted in the affirmative). I am
paired with the Senator from West Virginia [Mr. E l k in s ] : and
much as I should like to permit my vote to stand, I feel com­
pelled, in his absence, to withdraw it.
Mr. GAMBLE. I desire to inquire if the Senator from Nevada
[Mr. Newlands ] has voted? I am paired with that Senator,
The VICE-PRESIDENT. He has not voted.
tMr- GAMBLE. I transfer my pair to the junior Senator from
Nevada [Mr. Nixon] and will allow my vote to stand.
Mr. BAILEY. I am advised that the Senator from Oklahoma
[Mr. G
ore] Is absent and without a pair. I transfer my pair
with the Senator from West Virginia [Mr. Elkins] to the Sen­
ator from Oklahoma [Mr. G
ore] and will let my vote stand.
The result was announced— yeas 31, nays 38, as follows;

Mr. FORAKER, I move to strike out “ eight” and insert
“ nine.” I want to say a word in behalf of the amendment.
Every practitioner in the courts of the United States knows
that the district judges do as much work as the circuit judges.
They really do more. The district judges sit as circuit judges.
The circuit judges never sit as district judges. The living
expenses are the same. It seems to me there ought not to be
any more than a nominal difference between them. I know that
the district judge in the district in which I live is one of the
hardest working judges on the bench anywhere in the country,
and I think that is true throughout the country.
Mr. BACON. I should like to ask the Senator from Ohio a
question.
Mr. FORAKER. The difference at this time is but a thou*
sand dollars, and I do not believe we ought to make it greater
than that; and having determined that the salary of the cir­
cuit judges shall be $10,000, the salary of the district judges
should not be less than $0,000.
Mr. BACON. I should like to ask the Senator a q u e stio n I am particular to ask him the question, because there is no
harder working Member of the Senate, as I happen to kno"
personally, than the Senator from Ohio. Does be think there
is any district judge who does more labor than does the Seua
tor from Ohio in t h e discharge of his duty here?
Mr. FORAKER. I think not! but at the same time I h:D
practically half the year that I can devote to my own pr>':[
business, which the district judge does not have. The distrw
judge and the circuit judge are of necessity denied our opP°
tunity to pay attention to private affairs.
Mr. BACON. I want to say to the Senator frotn Ohio that
haviug half the year for his private business he has very mu
more than I have. I give my entire time, except a small tm
devoted to vacation, to my official duties and to nothing eheMr. FORAKER, I am sure the Senator from Georgia
work all the time about bis business as a Senator. I ca u i
turn the compliment be has paid me. I do not know :1,|
.
Member in this body who works more steadily and industrious J
than does the Senator from Georgia. I have no doubt that, ®
lie says, he devotes practically all of his time to bis office
duties. With me it is somewhat different. I have, as a matter
of necessity, to devote part of my time to my own affairs.
Mr. BAILEY. I desire to suggest to the Senator from <
that, while there is a difference between him and the distri
judge, in that the Senator has a part of his time which be
devote to his personal affairs and the judge has not, there _
also this other difference, that the judge does not need F
that because the Federal Government not only pays him
^
salary while he Is at work, hut it continues it after he u
retired, and that salary follows him to the grave. The
u^
of a district judge amounts to a fixed and permanent aunm . •
Therefore he has no reason to be looking about his Prl'
affairs.
•
. Mr. FORAKER. Will the Senator allow me to ask him
question?
Mr. BAILEY. Certainly.
t
, (,c
Mr. FORAKER. Is there any more need for a circuit ju L
having $10,000 than there is for a district judge having
’
Mr. BAILEY. There is not, and I am not so sure that tm
is not more logic in the Senator’s motion than there is in bid

Bacon
Bailey
Bankhead
Brown
Burkett
C P
|aP
Clay

Culberson

Curtis
Davis
Dixon
Frazier
Fulton
Gam
ble
Gary
Johnston

YEAS—31.
La Follette
M
cCreary
M
cEnery
M
cLaurln
M artin ’
M
ilton
Nelson
Overman

Fnge
Paynter
Simmons
Smith. M
cL
Taliaferro
Tillman
W
arner

District courts: For salaries of the 84 district judges of the United
States, at $8,000 each, $072,000.

1009.

I

o

not believe there ought to be any distinction between the salaries j ence to these salaries, and I would not have said anything but
of the district judges and the circuit judges. I do not believe j for the fact that there is constant talk here about the dignity
there is any difference between the work done by one set of I of these positions, and I wanted to express once for all my
judges and that done by the other set of judges.
opinion that dignity does not depend upon official position, and
I do not take to the doctrine of paying occupants of offices for j it does not depend upon the holding of office, but dignity is in
What is termed the “ dignity” of the office. I do not think that the real merit, the real worth of the individual, and may be
dignity is a purchasable commodity; and if it is, I do not think found in the humblest walks of life as well as in the highest
the Government of the United States ought to be in the purchas­ walks of life.
I repeat what I started out to say and then I shall have done.
ing business, so far as that commodity is concerned. I think
[flat
1
wthat dignity IS I0una 1 1 the roounnn who walks the lwmn ur j uf the o a i u n c B Ui the circuit judges ought to be $10,000, the
is found in UlC footman WUU WUIKS Uie roads or I me salaries of me U 1UIH juufeca uiisul w
streots iust as well as in the occupant of a cushioned carriage salaries of the district judges ought to be as much. W hile I
+ w clictri nr
V > district
i
i
* <*
1
• i-— j a ___ ____ _
drawn by a splendid team, driven by a coachman in livery, or intend to vote against the raising of the salaries of the
the occupants of automobiles. The dignity is in the man, not judges, as I have voted consistently against the raising of the
in the office. Dignity is the state of being worthy. It is the ele­ salaries of the other judges, yet if, when the bill shall come
vation of the man or character. It is true worth, and that may into the Senate and the salaries shall be voted upon there, the
be found in the man who follows the plow, or in the blacksmith salaries of the circuit judges shall he fixed, at $10,000, I shall
who works in a shop, or in the man with overalls working in a j be in favor of fixing the salaries of the district judges at an
shop, as well as in a man in a lawyer’ s office, or wearing judi- j amount equally as much.
cial ermine, or in the man in the highest office within the gift
Mr. W A R R E N . Mr. President, I hope we may now have a
of the American people— the President of the United States.
vote.
It is this that has impelled me to take the floor on this quesThe V IC E-PR E SID EN T. The question is on agreeing to the
tion. It is because I do not believe, and have never believed, in j amendment proposed by the Senator from Ohio [Mr. Foraker]
this talk that no dignity can be found except in the occupant | to the amendment of the committee.
an office. I think those who are in the private walks of life i Mr. H E YB U R N . Let the amendment to the amendment be
stated.
are just as dignified, if they desire to be, as the man who occu
Mr. L A FO LLETTE. Mr. President, I feel obliged to sug­
Pies the highest official station in the Government of the coun­
try, and for that reason I have opposed all along the increases gest the absence of a quorum.
The V IC E-PR E SID EN T. The Senator from Wisconsin sug­
which are being made in the salaries of officers where the
salary is based upon the dignity of the office.
gests the absence of a quorum. The Secretary will call the roll.
__________
I wish it were in this country that those who have the admin- ,
The Secretary called the roll, and the following Senators anIstration of the Government in their hands could understand ! swered to their nam es:
that they are the representatives of the people, who are really
Piles
Johnston
Curtis
the governing power of the country, and that it is the duty of Bacon
Rayner
Kean
IMvis
Ba iley
People in oflieial position to teach the American people, so far Bankhead
Richardson
Kittredge
Depew
Scott
Knox
Dick
as their conduct and their administration of official or execu- Borah
Simmons
La Follette
Dillingham
uve office is concerned, that true dignity, true worth, true ele­ Bourne
Smith, M
d.
Lodge
Dixon
Brandegee
vation of character and mind, ought to be in ail the people of Brown
Smith, Mich.
Long
du Pont
Smoot
McEnery
Flint
the country who elevate these officers to the positions they Bulkeley
Stephenson
McLaurin
Foraker
^ u p y and to the dignity, or the assumed dignity, that is con­ Burkett
Sutherland
Martin
Frazier
Burnham
n e d in them.
Taliaferro
Milton
Frve
Burrows
Teller
Money
Fulton
ft is all very well in monarchical countries, and especially Carter
Warner
Nelson
Galliuger
m those where the people have very little or no voice in the Clapp
Warren
Overman
Gamble
Clark, Wyo.
Wetmore
a<miinistration of the government, to treat with utter con- Clay
Page
Gary
Paynter
Guggenheim
:r'mbt and utter disgust the thought of dignity anywhere except Crane
Penrose
Hemenway
Culberson
11 official position.
1
Perkins
Heyburn
Cullom
Rut it does not do and ought not to do in this country.
The V IC E-PR E SID EN T. Sixty-nine Senators have responded
'ory sovereign voter in this country ought to be taught and
ffight to understand that dignity is required of him as much as to their names. A quorum of the Senate is present. I he
V s of the men who are elevated to high position in the ad- question is on agreeing to the amendment to the amendment,
Ministration of the government of the country.
which will be stated.
1 was going to say something in reference to the point that f
xhe S ecretary. On page 167, line 23, m the committee
/ amendment, strike out “ eight” and insert “ nine,” so that if
" a s made by the Senator from Colorado [Mr. T eller], that we
expending hundreds of millions of dollars upon the army amended it will read:
upon the navy and upon the Philippines and other useless
For salaries of the 84 district judges of the United States, at $0,000
Extravagances, and therefore those extravagant and useless ex
each.
Penditures are predicated as an argument for this expenditure.^
Mr. BORAH. I ask for the yeas and nays on the adoption
whether the expenditure be right or wrong.
of the amendment to the amendment.
'Sub?" ’ bk this stand upon its merits. I f it is wrong to expend
The yeas and nays were ordered, and the Secretary proceeded
J]P0,600,000 or $17.0,000,000 upon the army of the country and
♦100,000,000 upon the navy and a thousand million dollars upon to call the roll.
Mr. D A V IS (when the name of Mr. C larke of Arkansas was
V e Philippine Islands, that is no argument whatever why this
Mould be done if it is wrong. W e ought to stop the extrava- called). My colleague [Mr. Clarke of Arkansas] is paired
nant expenditures in the army and the navy and the Philippines. with the Senator from Rhode Island |"Mr. A ldrich ].
Mr. SCOTT (when the name of Mr. Elkins was called).
h e Might to lop off all the extravagances of this country and
J ; nS it down to a simple republican, democratic form of gov­ My colleague [Mr. Elkins ] is unavoidably absent from the
City, and is paired with the Senator from Texas [Mr. Bailey].
ern moi,t\ and not try to keep up with the crowned heads of
Mr. M cLAU RIN (when his name was called). The senior
f-Urope by our salaries or in any other particular except in the
Senator from Maine [Mr. H ale ] was unavoidably called from
‘ "dependence and the nobility and greatness of the country
the Chamber, and I am paired with him. I f he were present,
Mffich we represent and of the people whom we represent.
. 1 think that the expenditures for the army ought to be cut I would vote “ nay.”
Mr. W A R R E N (when his name was called). I announce my
jr.Mh at least one-half, and I think if they were cut down two” urds it would be 1)oUer for the country, because we do not pair with the Senator from Mississippi [Mr. M onet ].
The roll call was concluded.
any groat standing army. I think the same is true as to
Mr. KEA N . My colleague [Mr. B riggs] is unavoidably ab­
a
navy. W e hear talk about a world power. W e have been
..M o rid power ever since the treaty with Great Britain that sent.' He is paired with the Senator from Tennessee [Mr.
c o g n iz e d the independence of this country. and we will cou- T aylor ].
Mr. B A IL E Y (after having voted in the negative). I an­
to be a world power whether we have a small army and a
navy or whether we have a great army and a great navy. nounced on the previous roll call that I have a general pair with
-JJ*
necessary for this country to have great armies and the Senator from W est Virginia [Mr. E l k in s ], hut I also an­
S eat navies in order to make itself respected abroad. The gov- nounced at that time that I transferred my pair to the Senator
■
Clients of the world do not desire to attack a powerful ooun- from Oklahoma [Mr. Gore]. Consequently, I voted.
Mr. M ARTIN . I desire to state that my colleague [Mr. D a n ­
u ' anV more than men in private life desire to attack a brave
iel ] is necessarily absent and is paired with the senior Senator
VI who is capable and able to defend himself.
xr- President, I did not intend to say anything with refer- from North Dakota [Mr. H ansbbough ].




i

il

il

I (il

f IL

•I1

IV*
, Ir
!*

i r

j




1224

CONGRESSIONAL RECORD— SENATE.

The result was announced— yeas 30, nays 38.

Bourne
Brandegee
Bulkeley
Burnham
Clark, W
yo.
Crane
Depew
Dick
Bacon
Bailey
Bankhead
Borah
Brown
Burkett
Burrows
Carter
Clapp
Clay
Aldrich
Ankeny
Beveridge
Briggs
Clarke, Ark.
Cummins

YEAS—30.
Kean
Dillingham
Kittredge
du Pont
Knox
Flint
Lodge
Foraker
Long
Ballinger
Penrose
Guggenheim
Perkins
Hemenway
Piles
Heyburn
NAYS—38.
Johnston
Culberson
La Follette
Culiom
M
cEnery
Curtis
M
artin
Davis
M
ilton
Dixon
Nelson
Frazier
Newlands
Frye
Overman
Fulton
Page
Gam
ble
Paynter
Gary
NO VOTING—24.
T
Ilansbrough
Daniel
Hopkins
Dolfiver
M
cCreary
Flkins
M
cCum
ber
Foster
M
cLaurin
Gore
M
oney
Haig

Rayner
Richardson
Scott
Sutherland
Teller
W
etmore

Simmons
Smith, M
d.
Smith, M
ich.
Smoot
Stephenson
Taliaferro
Tillman
W
arner

Nixon
Gwen
m TrU
Stone
Taylor
W
arren

So 3Ir. F orakek’s amendment to the amendment of the com­
mittee was reiected.
Mr. FULTON. I move to reconsider the vote whereby the
amendment fixing the salaries of circuit judges at $10,000 was
agreed to.
Mr. WARREN. Did the Senator vote in the affirmative?
Mr. FULTON. I do not know whether I voted on the ques­
tion or not. I think it was a viva voce vote.
The VICE-PRESIDENT. The Senator from Oregon moves
to reconsider the vote by which the amendment, which will be
stated by the Secretary, was agreed to.
The S e c r e t a r y . Before the word “ thousand,” in line 13,
page 167, “ seven ” was stricken out and “ ten ” inserted, so as
to read :

For 29 circuit judges, at $10,000 each.
Mr. FULTON. I wish simply to state that I expect to follow
up the motion by moving that the salary he placed at $9,000,
and then, if somebody else does not, I will move that the salary
of the district judges be made $8,500. I think that will be
something nearer what the increase should be.
The VICE-PRESIDENT. The question is on the motion of
the Senator from Oregon to reconsider the vote by which the
amendment just stated was agreed to.
The motion to reconsider was agreed to.
The VICE-PRESIDENT. The question is before the Senate
on agreeing to the amendment of the committee.
Mr. FULTON. I move to amend the amendment by inserting
“ nine thousand” instead of “ ten thousand.
The VICE-PRESIDENT. The Senator from Oregon proposes
an amendment to the amendment, which will be stated.
The S e c b e t a r y . On page 167, line 13, strike out ten and
insert “ nine,” so that if amended it will read:

For 29 circuit judges, at $9,000 each.
Mr. DIXON, I move to amend the amendment by inserting
« eight ” in place of “ nine ” before the word “ thousand.”
Mr. WARREN. As the Senator knows, that would be an
amendment in the third degree.
... . .
The VICE-PRESIDENT. It would be in the third degree.
The question is on agreeing to the amendment of the Senator
from Oregon to the amendment of the committee.
The amendment to the amendment was agreed to.
The VICE-PRESIDENT. The question now is upon the
amendment of the committee as amended.
The amendment as amended was agreed to.
Mr. FULTON. I submit a parliamentary inquiry as to the
status of the amendment fixing the salary of the district
judges.
The VICE-PRESIDENT. The committee amendment is now
the question before the Senate. The question is on agreeing
to the amendment of the committee.
Mr. FULTON. What is the amount?
Mr. CULLOM and Mr. WARREN. Eight thousand dollars.
Mr. FULTON. I move to increase that amount to $8,500.
[“ N o !” “ N o !” ] Very well; I withdraw it.
The VICE-PRESIDENT. The Senator from Oregon with­
draws his amendment to the amendment. The question Is on
agreeing to the amendment of the committee.
■ The amendment was agreed to.
The VICE-PRESIDENT, The next amendment of the com­
mittee will be stated.

J anuary 21 ,

The Secretary. In line 24 strike out “ five hundred and
four ” and insert “ six hundred and seventy-two,” so as to read
“ $672,000.”
Mr. CARTER. I move that the Senate proceed to the con­
sideration of executive business.
Mr. WARREN. I appeal to the Senator from Montana to
permit ns to finish the bill. I have been very patient about it.
The Senator from Maine [Mr. H a l e ] has another a p p r o p r ia t io n
bill awaiting the conclusion of this measure. I think it will
take only a few minutes longer.
Mr. LODGE. All these are committee amendments, and there
may be some other amendments to be offered by individual
Senators. Those come subsequent to the committee amend­
ments. We are still on the committee amendments.
Mr. W A R R E N . I understand; but I think we are about
through, and I should like to find out whether we are in a pesition to complete the bill.
Mr. CARTER. I withdraw the motion.
The VICE-PRESIDENT. The Senator from Montana with­
draws the motion. The Secretary will again state the pending
amendment of the committee.
,
The S e c r e t a r y . In line 24 strike out “ five hundred and
four ” and insert “ six hundred and seventy-two,” chauging the
total to $672,000.
t
Mr. CULBERSON. I suggest that the amendment ought not
to be adopted now, because some of the individual items abov
have been changed. The circuit-court amendment has been
changed from $10,000 to $9,000.
The VICE-PRESIDENT. The total relates alone to the item
for the district courts.
Mr. CULBERSON. I see.
The amendment was agreed to.
Mr. WARREN. The next amendment, I think, occurs on
page 168, line 13.
The VICE-PRESIDENT. The amendment will be stated.
The Secretary. On page 168, line 13, the committee Pr0r
poses to strike out “ seven thousand five hundred” and in sert
“ ten thousand.”
,
Mr. BORAH, I wish to propose an amendment to the amend'
ment.
_
Mr. WARREN. I have an amendment that the co m m itte e
wish to offer at this point
The VICE-PRESIDENT. That is first in order.
Mr. WARREN. In view of the vote just taken, I think ut
should reduce the $10,000 for the chief justice of the court ®
appeals of the District of Columbia to $9,000, the same as tu„
circuit judges. I move to strike out “ ten ” and insert “ nine
before “ thousand.”
The VICE-PRESIDENT. The Senator from Wyoming P
.r0'
poses an amendment to the amendment of the committee, wh
will be stated.
fhfl
The S e c r e t a r y . On page 168, line 13, strike out “ ten” j1 ‘ ,
1
committee amendment and insert “ nine,” so that, if a menu >
it will read:
t I

For the chief justice of the court of appeals of the Distrut
Colum $9,000.
bia,
The amendment to the amendment was agreed to.
.„
Mr. WARREN. I wish to make the same amendment in '
following line as to the two associate justices. I move to str
out “ ten” and insert “ nine” before “ thousand,” so as to rea

And for two associate justices, at $9,000 each.
The VICE-PRESIDENT. The question is on agreeing to the
amendment to the amendment.
Hl0
Mr. BAILEY, Do I understand that it is proposed to fix
compensation of the associate justices of the District of
Iumbia court of appeals at $9,000?
Mr. WARREN. It is.
Mr. BAILEY. I will only observe that that is g D i n g t ^
judge of a court whose jurisdiction is over 250,000 F i
double the average salary of those who hold similar office
the States and whose jurisdiction covers the litigation
3,000,000 people. If it is believed that a man who serves
Federal Government is entitled to double the pay of a
aD
does more work for the state government, then that kind o
amendment ought to be adopted.
,
I want to say that Senators here could not engage in nv - ^
tion better calculated to exalt the Nation and to dwari
State than the continued, unbroken assertion that the n,aU jue
works for the Federal Government deserves a higher
than the man who works for a sovereign Commonwealth.
Mr. BORAH. Mr. President. I call attention to the fact,
that this is an increase of $2,500 in the salary for this
at this particular time.
Mr. TILLMAN. What is the present salary?

1909.

CONGRESSIONAL RECORD— SEN ATE.

1225

The V IC E -P R E SID E N T . The question is on agreeing to the
amendment to the amendment.
Mr. B O R AH . On that question I call for the yeas and nays.
The yeas and nays were ordered.
Mr. C LA R K of Wyoming. Mr. President, I desire to call the
attention of the Senator from Idaho to the condition of affairs.
The court of appeals of the District of Columbia through all our
legislation, through all our appropriations for salaries, lias
stood on an exact par with the circuit courts of the United
States, both as to jurisdiction and as to salaries, except that the
salary of the chief justice of the court of appeals of the District
of Columbia has been $500 per annum more than the salary of
the circuit judges of the United States; and there never has
been an attempt in any o f our legislation to separate these
courts from the circuit courts of the United States as to the
matter of dignity, as to the matter of jurisdiction, or as to the
matter o f salary.
Mr. FOR A K E R . Mr. President, attention also should be
called to the fact that one-half of these salaries is paid by the
District o f Columbia, and but one-half is paid out of the Treas­
ury of the United States. I have a statement here, which is not
so complete as the one I referred to a moment ago, but which
I think will give some information to tlie Senate, which it ought
to have the benefit of, and I ask that it may be read at the
desk.
The V IC E -P R E SID E N T . Without objection, the Secretary
will read the statement submitted by tlie Senator from Ohio.
The Secretary proceeded to read the paper.
Mr. FO RAKEIt. Mr. President, I will not take the time of
the Senate at this hour, unless some Senator insists upon it, to
have all these details read.
dent.
Mr. B A IL E Y . I- should like to have them go in the
-^r. B A IL E Y . I did not understand that this was a commitR ecord------tGe amendment reducing salaries from $10,000 to $9,000.
Die V IC E -P R E SID E N T. That is correct.
Mr. FORAIvER. I was going to ask that.
Mr. B A IL E Y . I have no objection to that. That is not the
Mr. B A IL E Y . Because I think it will demonstrate exactly
ameii(iinent on which I demand the yeas and nays,
what I said a moment ago, that none of these courts transact
on ^ p R A K E R . Mr. President, I should like to say a word, business comparable to the volume o f business transacted in the
ho \ IC E -P R E SID E N T . The question is on the amendment supreme courts of the States.
1 "imsed by the Senator from Wyoming to the amendment of
Mr. FORAIvER. I was going to suggest, in order to save time,
the committee.
that the paper be printed in tlie R ecord.
Jlio amendment to the amendment was agreed to.
Mr. B A IL E Y . I have no objection to that.
Dial
^O R A K E R . Mr. President, in answer to the remarks
The V IC E -P R E SID E N T . Without objection, it will be so
de by the Senator from Texas [Mr. B ailey] a moment ago,
ordered.
it fUI“ ' 8oni°body should state the matter. I shall have to state
The paper referred to is as fo llow s;
t j . 1*’111. recollection, that there was a statement furnished to
Bv section 61 of the Code of the District of Columbia the supreme
e Judiciary Committee— I think it must have come from the
court of the District of Columbia “ shall possess the same powers and
j li;,I'tmerit of Justice, though I am not certain about that, but exercise the same j u r i s d i c t i o n as the circuit and district courts of the
[now such a statement was furnished, and I had a copy, United States, and shall be deemed a court of the United States.”
By section G “ the justices of said court, in addition to the powers
2
UK-li is on niy desk at my residence, however— showing, very
a n d 'jurisdiction possessed and exorcised by them as such, * *
*
Ki'eatly to my surprise, that this court here does much more shall severally possess the powers and exercise the jurisdiction pos­
sessed and exercised by the judges of the circuit and district courts
usiness than all tlie circuit courts of the United States except
lv ? tlle three which the Senator from Wyoming [Mr. Warren] of the United States.”
This court transacts in the District of Columbia all the business,
j as stated, and the amount of business is practically the same
civil and criminal, that is transacted by both federal courts and the
1 this court that it is iu one of those three. I was greatly state courts of record throughout the several States. It is the only
1
federal court which possesses jurisdiction to issue the original writ of
surprised to learn it.
mandamus, and is the only federaL court of original jurisdiction of
Mr. C LARK of Wyoming. For the information o f the Sena- cases in mandamus and injunction against the various heads of the
m.r fr°rn Ohio, I will say that the court of appeals of the Dis- departments of the Federal Government and their bureaus. There is
r * ct of Columbia, having the same jurisdiction as the circuit no other court of record of original jurisdiction in the District of
courts of the United States since the circuit courts of appeals Columbia.
One-half the salary of the justices of the court is by Jaw charged
® 'e been established, lias been exceeded in the number of against the revenues of the District of Columbia. (Code, sec. 60.)
The last act of Congress fixing the salary of federal judges, includ­
‘ scs disposed of by only two circuits in the United States, to
ing those of the court of appeals and the supreme court of the Dis­
u, the second and the eighth.
trict of Columbia, is the act of February 12, 1903. (Stat. L., vol. 32,
M r . BORAH .
The question of the number of cases disposed pt 1, p. 825.)
The court of appeals is the intermediate court of review between the
does not settle the question o f tlie amount of business which
‘ Court does. In determining a proposition they may dispose supreme court of the District of Columbia and the Supreme Court of
the United States.
twenty or thirty cases.
BUSINESS OF THE COURT.
Mr. C LA R K of Wyoming. This court relatively does more
From the report of the Attorney-General for the fiscal year July,
harness, because every opinion and judgment of the court is
1907. to July, 190S, it appears that the number of cases brought in
J law compelled to be in writing.
all the circuit and district courts of the United States west of the
Mr. N ELSON. Mr. President, I desire to call the attention Mississippi Itiver (excepting California), including Arizona, Arkansas,
the chairman o f the committee to line 10, on page 109. where Colorado. Idaho, Iowa, Kansas, Louisiana, Minnesota, Missouri, Mon­
1 think the words “ five hundred ” before the word “ dollars,” tana. Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon
South Dakota, Texas, Utah, Washington, and Wyoming, exclusive of
°ught to be stricken out in order to put it in harmony with the bankruptcy cases, was—
Provision relative to the district judges.

Mr. BO RAH . It is $7,500.
Mr, W A ItR E N . I did not understand tlie Senator. W ill he
make his statement again?
Mr. B O RAH . The salary as it is put into this bill would
be an increase of $2,500, while the salary as proposed by the
amendment would still bo an increase of $1,500.
Mr. W A R R E N . It would.
Mr. B O RAH . It would be an increase o f fifteen hundred dol­
lars over the present salary?
Mr. W A R R E N . It would.
Mr. B A IL E Y . On that I demand the yeas and nays.
Mr. W A R R E N . I only want to say, in this connection, that
this court does more business than any of the other circuit
courts iu the United States, save three, and does equally as
much as one of those three; and it is not the business of the
district of Columbia alone, but it is business from tlie entire
United States.
Mr. B O R A H . I would ask the Senator from Wyoming where
he gets tlie information that this court does more work than
the circuit courts?
Mr. W A R R E N . W e have the list here of the cases.
Mr. B A IL E Y . Mr. President, without any special informa­
tion. i say without a minute’s hesitation that that court does
hot do as much work as three-fourths of the supreme courts of
the various States. As a matter of fact, its Jurisdiction over
hnitters not arising in this District is extremely limited. I
snow that.
The V IC E -rR E S ID E N T . The question is on the amendment
Proposed by the Senator from Wyoming [M r. W arren ] to the
amendment of the committee,
Mr. B O RAH . The yeas and nays were called for, Mr. Presi­

M r. W A R R E N . W e h a v e n o t a r r i v e d a t t h a t p o i n t , b u t w h e n
d o , th e c o m m itte e w ill o ffe r a n a m e n d m e n t to s t r i k e o u t
h y e h u n d re d .”

’’he VIC E -P R E SID E N T. The amendment proposal by the
Senator from Idaho [Mr. B o r ah ] will be stated.
Die Secretary. On p a g e 108, l i n e 13, b e f o r e t h e w o r d “ t h o u -

Civil cases---------------------------------------------------------------- -Criminal cases------------------------------------------------------------- 333
This business does not show the business of the supreme court of
the District of Columbia. From tlie records of that court it anDears
that during the calendar year 1907 there were instituted iu the different
branches of the court, exclusive of bankruptcy cases, as follows :
civil - ..................- ......................................................

Criminal (all grand-jury cases)------------------ --------------------------- 3,780
------------------------440
The total value of estates administered in the probate branch of
this court alone, exclusive of the business dom in the law and equity
cJ ' T T
t. of appeals. District of Columbia: For the chief justice of
branches, was $20,480,875.98.
U oi appeals of the District of Columbia, $8,000.
rt

^ h d , ” i t is p r o p o s e d to s t r i k e o u t “ n in e ” a n d i n s e r t “ e ig h t ,” so
a a to r e a d ;







1226

CONGRESSIONAL RECORD— SENATE.

N u m b e r o f ea ses filed and d isp o se d o f b y th e su p r e m e c o u r t o f th e
D is t r i c t o f C o lu m bia du ring th e y e a r s 1907 and 1908, e x c lu siv e o f
p r o b a te bra nch.

1907.
Nature of causes.

Disposed
Disposed
of by Piled. of by
court.
court.

Piled.
Law____ ______
Equity ..... ...............
...................
Crim
inal—
District court_________
Bankruptcy _
____
Lunacy_______ ____
Naturalization ..........................
Habeas corpus............................
Requisitions________________
Total........... ......... _
_
Suits in m
andam against executive
us
officers of the G
overnm
ent.............

1908.

1,059
760
410
4
4
4
9
375
108
16
8
2,859
23

1,187
691
45
8
47
6
1
37
2
9
1
20
4
2,913
4
1

555
614
354
34
30
375
108
1
6
8
2,095

51
8
57
0
31
5
17
2
9
327
9
1
20
4
1,927

The foregoing statement does not include the great number of m
o­
tions and hearings before the courts during this period, nor the cases
settled in clerk's office.
B u s in e s s

of

p r o b a te

bra nch f o r th e ca len d a r
31, 1907 an d L 0 8.

yea rs

en d in g

D ecem ber

Num of—
ber

1907.

W filed_____________ _______
ills
Applications for letters testamentary
of adm
inistration and of collection..................................................
Applications for letters of guardianship.......... .............
Pages of typewriting........... ..........................................
Pages recorded in the records by book typewriters.............
Letters to fiduciaries notifying them to render accounts,
inventories, file vouchers, etc., about*.....................
Letters answered..... .................. ...... .... .................
W
itnesses to wills examined and testimony reduced to writ­
ing, about.......................... .................... ..................
Bonds taken and approved by court..... .......... ........
Accounts stated______________ ____________

52
6
813
17
5
6,218
7,311
4,200
800
900
97
5
1,179

Value ofAdministration estates, about.
G
uardianship estates, about...
TotaL.

1907.

1908,

.Ja n

uary

21,

Mr. WARREN. Those salaries are paid one half bv the Dis­
trict and the other half from the Treasury of the United States.
The VICE-PRESIDENT. The Secretary will call the roll.
Mr. FORAKER. On what question, Mr. President?
The \ ICE-PRESIDENT. On the amendment proposed by the
Senator from Idaho [Mr. B o r a i i ] to strike out “ nine” and
insert “ eight” in the clause providing for the salary of the
chief justice of the court of appeals of the District of Co­
lumbia.
^ The Secretary proceeded to call the roll.
Mr. CLARK of Wyoming (when his name was called). I rise
to a parliamentary inquiry. I should like to know exactly
w kat we are voting on. I think there is a good deal of misap­
r
prehension in the Chamber,
^ ICE-PRESIDENT. On the amendment striking out
‘ nine and inserting “ eight.”
Mr. CLARK of V yoniing. I understood that that was already
Y
r
voted upon.
Mr. LODGE. We agreed to “ nine,” and now' the motion is
to strike out “ nine ” and insert “ eight.”
Mr. DAY IS (when the name of Mr. Clarke of Arkansas was
called). My colleague [Mr. Clarke of Arkansas] is paired with
the Senator from Rhode Island [Mr. A ldrich].
Mr. TALIAFERRO (when his name was called). I have a
general pair with the junior Senator from West Virginia [Mr.
Scott]. He is out of the Chamber. If he were present, 1
should vote “ yea.”
Mr. WARREN (when his name was called). I am paired
with the Senator from Mississippi [.Mr. Money], but I transfer
that pair so that that Senator will stand paired with the Senator
from New York [Mr. Platt], and I will vote. I vote “ nay.”
The roll call was concluded.
Mi. McLAURIN (after having voted in the affirmative). I
withdraw my vote. I forgot that I was paired with the Senator
from Maine [Mr. H ale].

575
769
14
3
7,792
7,394
4,500
.Air. GAAIBLE (after having voted in the affirmative). I i»1,124
qtnre if the senior Senator from Nevada [.Mr. Newlands] has
875
91
4
1,218 s ! ^ yCE-PR ESID EN T. The Chair is informed that the

1908.

$20,049,571.86
431,304.12
20,480,875.98

Senatoi from Nevada has not voted.
Mr GAMBLE. I have a general pair with the senior Sen­
ator from Nevada, but I will transfer that pair to the junior
Senator from Nevada [Air. N i x o n ] and allow my vote to stand.
The result was announced-yeas 27, nays 33, as follows:

8,064,478.18
368,119.44
19,332,597.62 Bailey
Bankhead
Borab
Brown
Mr. HETBURN. Mr. President, I would inquire of the Sena­
Burkett
tor from Ohio whether or not the act just referred to would Clapp
Clay
apply at all to the court of appeals of the District of Columbia?
It mentions the supreme court. I have never been under the
impression that the District of Columbia pays any part of the
salaries of the judges of the court of appeals, but only those of
the supreme court of the District.
Mr. FORAKER. I am not able to answer that question. I
was handed the statement which I asked to have read, and I
thought the statement which was handed to me by the Senator
in charge of the bill related only to the court of appeals. It
relates to both; and it may be that the Senator from Idaho is
correct in what he says. I do not know'.
Mr. IIEYBURN. I have not made a specific investigation;
but I think I am correct.
Mr. BAILEY. The court of appeals here is a separate court
from the supreme court.
Mr. IIEYBURN. The supreme court has a different char­
acter of jurisdiction within the District of Columbia from that
belonging to the court of appeals of the District of Columbia.
Mr. FORAKER. The court of appeals corresponds to the cir­
cuit courts of the United States and intermediate courts, and I
supposed the salaries were paid in both courts in the same way.
I could not now' answer the Senator's question, although I
could do so in the morning.
Mr. HEYRURN. Unless there is some other legislation on the
subject than that contained in the statement in reference to the
bill just read at the Secretary's desk, it would not cover the
circuit court.

Culberson

YEAS—27.

Bourne
ISrandegee
Bulkeley
Burnham
Burrows
Clark, W
yo.
Crane
Cullom
Dick

Heyburn
Johnston
La Follette
Martin
Milton
Nelson
Overman
NAYS—33.
Dlllinghjm
Kean
du Pont
Kittredge
Flint
Knox
Foraker
Lodge
Frye
Long
Fulton
Page
Gallinger
Penrose
Guggenheim
Perkins
Hem
envray
Itichardson

Aldrich
Ankeny
Bacon
Beveridge
Briggs
Carter
Clarke, Ark.
Cummins

Daniel
Depew
Dolliver
Elkins
Foster
G
ore
Hale
Hansbrough

Curtis
Davis
Dixon
Frazier
Gam
ble
Gary

Paynter
Simmons
Smith, M
ich.
Tillman
W
arner
Plies

Smoot

Stephenson
Sutherland
Teller
W
arren
W
etmore

NOT VOTING—32

Hopkins
M
cCreary
M
cCum
ber
M
oEnery
M
eLnurin
M
oney
Newlands
Nixon

Rayner
Scott
Smith, A
id.
Stone
Taliaferro
Taylor

So Air. B orah’s amendment to the amendment of the c o m m it ­
tee was rejected.
Mr. V AIIIIEN. I desire to ask how the amendment in re*
gard to the salary of the members of the district court of ap*
peals now stands. It is my understanding that the amendment
proposed by the committee to the amendment previously re­
ported reducing the amount from $10,000 to $9,000 was agreed
to, and that the Senate refused to reduce the amount further
from nine thousand to eight thousand.
The V ICE-PRESIDENT. That is correct as to the a m e n d ­
Mr. BALLINGER. Mr. President, I desire, in order to have
ment in relation to the salary of the chief justice of the court of
the Reco correct, to say that the salaries of the judges of the
rd
appeals. The question now is, Shall the amendment as
court of appeals as well as of the supreme court of the Dis- amended be agreed to?
trk-t of Columbia are paid one-half from the revenues of the
The amendment as amended wnts agreed to.
District and one-half from the Treasury of the United States,
The VICE-PRESIDENT. The next amendment which wa®
mere was some controversy about that matter.
passed over will be stated.

CONGRESSIONAL RECORD— SENATE.

1909.

The V IC E -P R E SID E N T. The question recurs on agreeing to
the amendment proposed by the Senator from Pennsylvania
^Mr KBACON. Mr. President, I desire that the original reso­
lution as proposed, upon which the vote will recur, be read in
order that we may see what we shall vote upon m case the
amendment of the Senator from Pennsylvania [Mr. K noxj is
voted down.
,
Mr. W A R R E N . Then, I suppose, the Senator calls foi the
reading of the last paragraph only, which contains the amend­
ment proposed by the Senator from Pennsylvania.
Mr. BACON. I only want so much o f it read as will show
What we shall have the opportunity to vote upon if the amend­
ment of the Senator from Pennsylvania is defeated.
The V IC E -P R E SID E N T. The Secretary will read as reQuested*
The Secretary.

.
It is proposed to strike out the following

paragraph:

he

it fu r th e r r e s o lv e d ,

1291

The roll call having been concluded, the result was announced—
yeas 46, nays 24, as follow s:

YEAS—46.
Aldrich
lteveridge
Borah
Bourne
Brandegee
Brown

Bulkeiey
Burrows
Carter
Clapp
Crane
Curtis

Bacon
Burkett
Burnham
Clark, Wyo.
Clarke, Ark.
Clay

That it is hereby recommended

Johnston
Kean
Kittredge
Xnox
La Follette
Lodge
Milton
Nelson
Page
Penrose
Perkins
Piles
NAYS—24.
Culberson
Long
Cutlom
McCreary
' Davis
McLaurxn
Dick
Martin
Gallinger
Newlands
Hale
Overman
NOT VOTING—22.
Hansbrough
Dolliver
Hopkins
Elkins
McCumber
Foraker
McEnery
Foster
Money
Frazier
Nixon
Gore
Depew
Dillingham
Dixon
du Pont
Flint
Frye
Fulton
Gamble
Gary
Guggenheim
Hemenway
Ileyburn

Platt
Rayner
Richardson
Scott
Smith, Md.
Smith, Mich.
Smoot
Stephenson
Sutherland
Warner

Paynter
Simmons
Taliaferro
Teller
■ Tillman
Wetmore

Mr. BACON. Mr. President, I do not ask for the reading of Ankeny
Stone
Bailey
Taylor
any amendment. I want to know the proposition as it will he Bankhead
Warren
before the Senate if the amendment of the Senator from Penn­ Briggs
Cummins
sylvania should not be adopted.
, ,
Daniel
Tile V IC E -P R E SID E N T. The Secretary will state the orig­
So Mr K nox ’ s amendment was agreed to.
inal paragraph as heretofore amended by the Senate and us it
The VIC E -P R E SID E N T. The question is on the amendment
would stand if the amendment proposed by the Senator from
as amended.
Pennsylvania should be rejected.
. . .
The amendment as amended was agreed to.
Mr. W E TM O R E . Mr. President, that would be the pending
Mr. M cLA U R lN . I offer the amendment -which I send to the
amendment offered by the Senator from Montana [Mr. Carter],
desk, to be added at the end of the joint resolution.
I understand.
'
The V IC E -P R E SID E N T . The amendment will be stated.
f Mr. BACON. No.
The Secretary. At the end of the joint resolution it is pro­
The V IC E -P R E SID E N T .
The amendment o f the Senator i
from Montana was accepted by the Senator from Pennsylvania. posed to add the following:
And may include a highway from Washington to Manassas, Va.,
Phe Secretary will read as requested.
The Secretary, The provision as it stands reads as follow s: which shall be surveyed as the one heretofore named herein to

Be i t f u r t h e r r e s o l v e d , It is hereby recommended that action be taken
looking to the construction of a suitable memorial which shall be worthy
“Is Kfeat fame, his service to humanity and to his country, and fittinglycommemorate the grandeur of character, the nobility of life, and the
epoch-making career of Abraham Lincoln.

Gettysburg.

Mr. BACON. I move to strike out the word “ Manassas ”
and insert “ Richmond.”
The V IC E -P R E SID E N T . The Senator from Georgia proposes
1 an amendment to the amendment, which will be stated.
T h e S ecretary'. I t is p r o p o sed to s t r ik e o u t “ M a n a s s a s ’
It is proposed to substitute for those words the following:
a n d in s e r t in lie u t h e r e o f “ R ic h m o n d .”
i t f u r t h e r r e s o l v e d , That with a view to the construction of Suit­
The VIC E -P R E SID E N T. Tlie question is on agreeing to the
'S 6 memorials to commemorate the public services and character of
”1
y-Taham Lincoln, which memorials may include a great national liigh- amendment to the amendment.
; *ay, to’ be called “ The Lincoln Way,” from Washington to the battleThe amendment to the amendment was rejected.
ueia of Gettysburg, in the State of Pennsylvania, the sum of $50,000,
T h e V I C E - P R E S I D E N T . T h e q u e stio n r e c u r s o n a g r e e in g to
r so tnu*h thereof as may be necessary, to bo expended under the
direction of tlie Secretary of War, is hereby appropriated, out of any t h e a m e n d m e n t p ro p o sed b y th e S e n a to r fro m M is s is s ip p i.
i money in the Treasury not otherwise appropriated, to defray the exT h e a m e n d m e n t w a s r e je c te d .
.
1
making a survey, plans for construction, and estimates of cost
Mr. B A IL E Y . Mr. President, I should like to hear the joint
J
engineers of the United States Army for said highway.
resolution read as it lias been amended.
\
Mr. W E T M O R E
Mr. President, I am sorry to say that I
T h e V I C E -P R E S I D E N T . T h e S e n a to r from T e x a s a s k s t h a t
\ consider this amendment a committal to the Gettysburg project, t h e j o in t r e s o lu tio n a s a m e n d e d b e r ea d . W ith o u t o b je c tio n ,
aild therefore I trust that it will be voted down.
t h e S e c r e ta r y w i l l r ea d a s r e q u e ste d .
The VIC E -P R E SID E N T. Upon the question o f the adoption
T h e S e c r e ta r y r ea d a s f o l l o w s :
cf the amendment of the Senator from Pennsylvania [Mr.
R e s o l v e d e t c , That the 12th day of February, 1909, the same being
VN°x j the yeas and nays have been ordered.
the centennial anniversary of the birth of Abraham Lincoln, be, and the
same is hereby, made a special legal holiday in the District of Colum­
Mr. B E V E R ID G E
Mr. President, I desire to make a parlia­
and the
Be it further
mentary inquiry. W e are now voting directly upon the amend­ bia e s o l v e d Territories. hereby recommended that the American people
R
That it is
ment of the Senator from Pennsylvania [Mr. K no x ] as amended, at home and abroad, the States and Territories, and the District of
So that the vote will be “ y e a ” in favor of it and “ n a y ” Columbia, all municipalities and towns, all organized bodies of citizens,
all associations, and all people generally, set apart the centennial of
a§ainst it?
the birth of Abraham Lincoln to do reverent honor to his niemoiy. B.
The V IC E -P R E SID E N T. That is correct. The Secretary will
call the roll.
!t R e s o l v e d , It is hereby recommended that at a 1 1 w j]frL
?
crather for public purposes, and in schools, colleges, and all seats of
th e Secretary proceeded to call the roil.
learning, addresses be made in eulogy of Lincoln, and other special
Mr. B A IL E Y (when his name was called). I have a general on fltvironri& exercises be held,
t©
iuitJioi
Bc oK That the President be authorized to Issue a proclamation
«
Pair with the Senator from West Virginia [Mr. E l k in s ], who
in a cco r d a n c e w ith th e foregoing, inviting governors of States and
ls , absent. 1 suppose, UI t'UUIsr, that this A* not a question upon T e rr ito rie s and m ay ors o f cities to participate in the public recogni­
I
of course, mat
is
*
~~'
I
wu<*h he would have any concern; but, at any rale, I withhold tion o f th e centennial anniversary of Ihe birth of Abraham Lincoln,
recom m en d in g th a t said day be observed as a special holiday. Be it
uy Vote.
vote.
. Mr. C LA R K of Wyoming (when his name was called). I de- IU pi'fnirrd That, with a view to the construction of suitable memo­
Ilr* the attention o f fixe Senator from Texas [Mr. B ailey J for rials to commemorate the public services and character of Abraham
moment.
I made an arrangement with the Senator ttonx tin coin which memorials may include a great national highway, to be
Sued be “ Lincoln Way,” from Washington to the battlefield of
Texas for a transfer of pairs for to-day. I ask if he desires ! rertvsbure in the State of Pennsylvania, the sum of $50,000, or so
l
thereof as may be necessary, to be expended under the direction
1;'t to stand on this vote?
,
A
ar, is hereby appropriated out of any money in
Mr. B AILE Y. That fact had escaped my attention for the 1of the Secretary of 'W
5the Treasury not otherwise appropriated, to defray the expenses in
fo m en t. I am glad that the Senator lias called my attention i making a survey, plans for construction, and estimates of cost by engifr- He can vote now, and after the roll call is concluded I 1-nc‘TS of the United States Army for said highway.
®ua 11 vote.
Mr. B A IL E Y . Mr. President, I understand tlie latter part of
Mr. C LA R K of Wyoming. I vote “ nay.”
the joint resolution was tlie amendment proposed by the Senator
T A YL O R (when liis name was called).^ I am paired " d h
from Pennsylvania. I purposely refrained from voting on the
r 1 Senator from New Jersey [Mr. B riggs] and therefore with* question of its adoption because I did not understand it. I de­
®
ao‘d my vote.
sire to vote on the joint resolution, but before voting on it I
'>•. W A R R E N (when his name was called). I ann................. " want to ask ilie Senator from Pennsylvania if it is in contemwith the Senator from Mississippi [Mr. M oney .]







1292

CONGRESSIONAL RECORD—SENATE.

J anuary 22,

plation that the Federal Government shall exercise the power to
I want to disclaim here and now any thought of objecting to
condemn the land necessary for the construction of this high­ Gettysburg. That is a battlefield consecrated by the richest
way in the event that the owners of it decline to sell?
blood of men on both sides in the war between the States. It
-Mr. KNOX. It seems to me, Mr. President, that that is a was there that the soldiers from my own State, though fighting
matter that will have to be determined when Congress decides on the side that lost, and losing that day they lost that war, yet
whether or not it will go on with this work. W e are not in a won a glory as imperishable as the victorious army did. I
position now to commit ourselves as to what method should be have no prejudice growing out of the war, and certainly I
employed to acquire title to the lands over which that road have none against Gettysburg. If we are to build a highway
might be built.
I would as soon it be built to that battlefield as to any other;
Mr. BAILEY. Mr. President, I would have said two or three but I do not believe in the doctrine that because it will cultivate
years ago without the slightest hesitation that the Federal Gov­ the patriotism of our people for the Government to exercise
ernment could not authorize the condemnation of land for the the great right of eminent domain in a given ease that the exer­
purpose of constructing a highway like this within a State. I cise of such a power can be justified, and for that reason I
am still of that opinion, though I am aware that the Supreme asked the Senator from Pennsylvania whether or not it was
Court of the United States sustained the condemnation proceed­ contemplated that the Government would exercise the right of
ing for the purpose, I believe, of acquiring an electric or other eminent domain. I freely say that if I believed it was inteuded
kind of railway in the Gettysburg Park. Just exactly how that to compel any citizen of the United States to sell his property
was within the power of the Federal Government I have never against his will in order to construct this highway I would vote
yet been able to work out to my satisfaction; but the learned against it, whatever sentiment might move me the other way.
justice who delivered the opinion in that case, as I remember, On the other hand, if it has been arranged, or if it is under­
said that the establishment of that park was calculated to cul­ stood that no power of condemnation is to be exercised on that
tivate the patriotism of the people, and therefore within the right of way, if it can be acquired without resort to the courts,
then I would have no objection to it.
power of the Federal Government.
Mr. RAYNEIt. I should like to hear read that part of the
If we are to accept that broad doctrine, unquestionably, then,
the construction and maintenance of this great highway is resolution which gives the right to condemn.
Mr. WARREN. Are we ready to proceed with a vote?
within the power of the Federal Government. But I am myself
Mr. RAYXER. I desire to say one word.
unable to subscribe to a doctrine of that kind. I regret very
The VICE-PRESIDENT. The Senator from Marvland has
much that I am not permitted to vote for so much of the bill
as proposes to do honor to the memory of Mr. Lincoln without the floor. Does the Senator from Maryland yield to the Senator
asserting what I believe to he a dangerous power in the Federal j from Wyoming?
Mr. WARREN. I do not wish 'the Senator to yield, but I
Government. If the Federal Government can go into a State
of this Union and condemn a private citizen’s property for the hope he will speak so that we may hear him. I did not know
purpose of building one highway—-not a highway for the pur­ what his intention was.
Mr. RAYNEIt. I merely want to say a word about this
pose of regulating commerce, but a highway wholly disconnected
with the commerce and other powers of the Government— then matter.
There may be some question here about the right to con­
there seems to be no limitation on it.
Mr. BAYNER. Mr. President-----demn. I have not the volume here. I have sent for it. Blit
The VICE-PRESIDENT. Does the Senator from Texas yield this identical question, I think, has been settled in the Gettys­
to the Senator from Maryland?
burg case. The court there held that the Government had the
Mr. BAILEY. I yield to the Senator from Maryland.
right to condemn. I did not think they would ever decide that
Mr. RAYXER. I agree entirely with what the Senator from way, but there is no doubt about the decision. While I did
Texas has said, but I want to ask him whether the two de­ not oppose the provision of the Senator from Nebraska, I hail
cisions, the one to which he refers in the case of the Gettysburg this decision in mind when I said that I would not object on
Railway Company, and particularly the Kobly case from Wis- the part of Maryland to ceding a right of way, because I
cousin, with which he is familiar, do not cover this proposition? ! thought th is difficulty might occur, and I knew there would be
Mr. BAILEY. They cover it, but not to m y satisfaction.
j no difficulty about ceding th e right of way, because everybody
| in Maryland, I am sure, would be willing to give the right of
Mr. ALDRICH. Mr. President-----The VICE-PRESIDENT. Does the Senator from Texas yield way. But I had the difficulty in mind, and I sent for the ca se,
to the Senator from Rhode Island?
j aQd f And that the United States has the absolute right to conMr. BAILEY. I do.
! demn. I agree with the Senator from Texas it is wrong, but
Mr. ALDRICH. Does the Senator doubt that the Congress j there it is. It has the right to condemn the highway, a c c o r d of the United States may authorize the Secretary of War to j ing to this decision.
survey a route for a road?
Mr. WARREN. It seems to me that question is far a w a y .
Mr. BAILEY. Not at all, provided he surveys it in pur- j Tim Senate is now in full attendance, and Senators are waiting
suance of some power possessed by the Federal Government. ; 1° finish the short portion o f the legislative appropriation foil*
For instance, he would have the right to survey a route for a I remaining. It seems to me we might defer further d is c u s s io n
military highway i f it were essential to the defense of the upon a point which Is not at issue now.
.,
United States; and I do not doubt now— I never doubted even
Mr. BACON. Mr. President, it never occurred to me urn1!
before the court so decided— that, under the power to regulate the matter was suggested by what has fallen from the lii ^
commerce, Congress might authorize the construction o f a high- ! the Senator from Texas that possibly my suggestion of R k m way, either rail or dirt, along which the commerce of the mond in place of Gettysburg might be construed into an objec­
country might move. But it seems that, while this is a fitting tion to having that particuiar honor fail to the battle of G
tribute to pay the memory of a great man, you could pay it burg. I had no such thought in my mind. I quite agree w ith
him that neither side to the battle of Gettysburg has any reason
without raising any question as to power.
Mr. ALDRICH. The Congress is constantly making appro­ to be ashamed of anything that occurred there in that
priations for investigation, surveys, and estimates for the im­ combat and that the deeds of the men who were there e n g a g e d
provement of streams, although in many cases it is very constitute an imperishable monument to the valor of the whole
doubtful whether they are.navigable and very doubtful whether i American people.
I do not depreciate Gettysburg in any manner, and have n°
their improvement is within the jurisdiction of the United
States. I think that the question involved in this amendment objection to it on that ground. My thought in suggesting R*cl1'
is simply a question of examination. I do not in any seuse mond was that, if the road was to be built to a battlefield, a
agree with my colleague [Mr. W etmobe] that this is a com­ road which would lead through the great battlefields of ' lr^
mittal on the part of the Senate to the building of any road ginia, where the tide of battle ebbed and flowed for four lon»
anywhere. By its express terms it is simply making an In-1 years, would be a very much more appropriate tribute than »
quiry, and all the questions which may arise when Congress road leading simply to one battlefield. That was the
undertakes to order this work, if they ever should, would be j thought In my mind.
Mr. BAILEY. And one connecting the two capitals.
.
,
considered then. It seems to me that the Senator from Texas
Mr. BACON. And one connecting the capital of the t inted
Is crossing a bridge which is certainly not immediately in front
of us when he is suggesting that there may be constitutional States with the capital of the confederacy.
Mr. NELSON. Mr. President, I wish to add one remark on
objections to the construction of this road.
Mr. BAILEY. We are just as certain to come to that bridge the question of constitutional scruples. We have a great na­
as we live. The Senator from Rhode Island can take my word tional cemetery at Gettysburg, owned and controlled by
for It. I believe, Mr. President, that it is very unfortunate that Federal Government, and I do not see what constitutional
we have coupled with the general proposition an amendment of |jection there can possibly be to the Federal G o v e r n m e n t con
this kind,
j gtructing a highway from Its reservation here in the Disine

1909.

CONGRESSIONAL RECORD— SENATE.

1293

of the committee. I merely desire to reserve a separate vote
upon the amendments increasing the salaries of judicial officers,
Mr. BO RAH . W e are now in the Senate.
The V IC E -P R E SID E N T . The bill is now in the Senate.
Mr. B O RAH . And open to amendment?
The V IC E -P R E SID E N T . And open to amendment.
Mr. AL D R IC H . Have the other amendments been concurred
in?
The V IC E -P R E SID E N T . They have not been. The Chair
suggested that the amendments on which Senators desired to
have separate votes be first acted upon.
Mr. A L D R IC H . I suppose the question is whether the amend­
ments made as in the Committee of the Whole shall be con­
curred in in the Senate.
LEGISLATIVE, ETC., APPROPRIATION BILL.
The V IC E -P R E SID E N T . That is the question, and Senators
Mr. W A R R E N . I ask the Senate to resume the considera­ desire a separate vote upon some of the amendments. The
Senator from Idaho proposes an amendment, which will be
tion of the legislative appropriation bill.
There being no objection, the Senate, as in Committee of the stated.
Mr. B O R AH . On page 41, line 14, I move to strike out “ one
Whole, resumed the consideration of the bill (H . R. 23464)
undred ” and insert “ seventy-five,” making it read “ $75,000.”
making appropriations for the legislative, executive, and judicial
The V IC E -P R E SID E N T . The Senator from Idaho proposes
ex peases of the Government for the fiscal year ending June 30,
an amendment, which will be stated.
*910, and for other purposes.
The Secretary. On page 41, line 14, in the committee amend­
Mr. W A R R E N . A s a committee amendment, I move, on page
ment agreed to as in Committee of the Whole, it is proposed to
s> line 5, to strike out “ four hundred” and insert “ seven hun­
strike out “ one hundred ” and insert in lieu thereof “ seventydred and fifty.”
five,” so as to read:
The amendment was agreed to.

of Columbia to another reservation in the State of Pennsyl­
vania to open communication between two distinct pieces of
government property. It seems to me that is a sufficient answer
to all constitutional objections that may possibly be urged.
The joint resolution was reported to the Senate as amended,
and the amendments were concurred in.
The joint resolution was ordered to be engrossed for a third
reading, read the third time, and passed.
On motion of Mr. C arter , the title was amended so as to rea d :
“ A joint resolution relating to the celebration of the one
hundredth anniversary of the birth of Abraham Lincoln, and
making the I2tli day of February, 1909, a legal holiday, and for
other purposes.”

Mr. W A R R E N . In line G, on the same page, I move to strike
°nt “ two hundred and twenty ” and insert “ five hundred.”
r e amendment was agreed to.
lh
Mr. W A R R E N . That, I believe, completes the committee
amendments to the bill.
1'he bill was reported to the Senate as amended,
ihe V IC E -P R E SID E N T . I f there is no objection, the amendments made as in Committee of the Whole will be considered as
concurred in.
B A IL E Y . Did I understand the Chair to announce that
he amendments made as in Committee of the Whole would be
considered as concurred in?
I be V IC E -P R E SID E N T. “ I f there is no objection.” The
Vkair will again put the question. W ithout objection, the
niendinents made as in Committee of the W hole will be condered as concurred in. Is there objection?
Mr. B A IL E Y . I object to that.
ih e V IC E -P R E SID E N T . The Senator can reserve a vote on
particular amendmeut he desires.
-Mr. B A IL E Y . I was going to say as to all the amendments,
inside of those relating to increases o f salaries; I am perleetiy willing for the vote to be taken in gross. A s to those
amendments which increase the present salaries of various
0Ulcers of the United States I want separate votes.
Mr. WARREN. To what salaries does the Senator allude—
**e judicial and executive?
Mr. B A IL E Y . I want a vote on every one of those amend­
ments. I think, however, in order to save the time of the Sen­
ate, if we can have one vote which appears to be decisive it will
^ sufficient.
Mr. W A R R E N . Then, first vote on the question of the Presi­
dent's salary.
Mr. B A IL E Y . W ell, I am content to have it taken that way.
Senator from Idaho [M r. B or ah ] is now in liis seat. That
18 °n e thing I wanted to do— to wait until he came in.
The V IC E -P R E SID E N T . W ithout objection, although it is
an unusual course perhaps, the Seuate will reserve action upon
the amendments reported to the Senate from the Committee or
Mic Whole until after there have been separate votes upon
such amendments ns the Senator indicates. After there have
been such votes, then the other amendments will be considered
in gross.
Mr. B ORAH . I desire to reserve the amendment on page 41,

For compensation of the President of the United States, $75,000.
Mr. W A R R E N . Just a word, Mr. President. The Senator
should know that when we are through with the bill here it
must go to conference, where none of the salaries can be in­
creased, but where we are almost sure to have to compromise
with the House. In other words, in conference we often have
to do as they say in horse trading, “ split the difference.”
It seems to me Senators could now fairly take the chance of
allowing this bill to go to conference as it stands, because we
are almost sure to meet resistance and reduction there. I wish
the Senator would withdraw his motion. I f not, I hope it
may be voted down, for, in the first place, to pass it as offered
would be to reduce it practically to the present pay of the
President, and would not practically raise the salary at all.
I think the salary ought to he raised. Mr. President, I ask for
the yeas and nays upon the amendment.
The veas and nays were ordered.
Mr. M cLA U R IN . I should like to ask the Senator from
Wyoming what is the present pay?
.
Mr. W AR R EN . The President’s pay proper is now $o0,000,
and $25,000 a year we have been appropriating for traveling
and other similar expenses.
Mr. McLATIRIN. That makes it $75,000?
Mr. W A R R E N . Seventy-five thousand dollars.
Mr. McLATIRIN. That is the present pay of the President?
Mr. W A R R E N . That is.
_ , . . . .
Mr. McLATIRIN. I should like to know when that got to
be so.

Mr. WARREN. We have appropriated the $25,000 each year

for three years.
, , .
.
Mr. M cL A U R IN . Then within the last four years we have
raised the salary of the President $25,000?
Mr W A R R E N . W e have not raised the salary of the I ie s ident as such, but it amounts to practically the same, because
in the sundry civil bill we have allowed $2o,000 a year.
Mr. M cLA U R IN . That has been the effect ot i t /
Mr.
Mr.
Mr
Mn

W A R R E N . Yes.
co-nnn?
M cLA U R IN . That raised the salary $25,UUU.
LODGE. N o : not quite that.
W A R R E N . I may say it raised his possible compensa­

tion, altogether.
Mr. M cLA U R IN . Compensation.
....
Mr. LODGE. But the provision in the sundry civil bill was
Unes 14, 15, 1G, and 17.
, „ .
- T „ n1 limited exclusively to transportation.
Mr. B A IL E Y . I have not the bill beforo me, and I ’Mil
Mr M cLA U R IN . I understood that the Senator from W y o ­
inquire of the Senator to what that relates?
ming just a* little while ago stated that if we now fix the salary
Mr. B O R AII. The Executive.
| at §75000 it will not be any raise in the salary of the PresiMr. W A R R E N . The President’s salary.
| j en'’ 0f the United States. The thing that troubled me about
t
Mr. B A IL E Y . The President’s salary.
that expression was that the compensation of the President of
Mr. W A R R E N . There is no objection to a v o t e being taken I tllo United States, to use the term of the Constitution, must now
on that now. if tlie Senator desires it. As I understand, the I,,. $75 000 a year. When the present President o f the United
bill is now in the Senate.
States came into office it was only $50,000, as I understand, and
The V IC E -P R E SID E N T . The bill is now in the Senate.
the Constitution says it shall not be increased during his term
Mr. B A IL E Y . I will ask to reserve— o ' office; and the thing that worried me was to know how, if
Mr. W A R R E N
Tbe S e n a to r need n o t reserve it. He cai
it was not increased, it got to be $75,000.
move his amendment now. The bill is in the Senate and openl
Mr. W A R R E N . That has all been thrashed out heretofore.
There is a broad doubt whether that should have been, under
l ° M r ! A i l e y . i understand that perfectly. I do not myself
the Constitution, voted. That is one of the reasons why wo
propose any amendment. I am simply resisting the amendment







1294

CONGRESSIONAL RECORD— SENATE.

January 22,

want to put it in better shape and fix a salary for the Presi­ Senator from Oklahoma [Mr. G
ore] and will vote. I vote
dent which shall be definite and which will cover all expenses. “ yea.”
Mr. McLAURIX. Then it was of questionable constitution­
Mr. WARREN (when his name was called). I have a gen­
ality, and it is desired-----eral pair with the Senator from Mississippi [Mr. M
oney]. I
Mr. WARREN. Yes; it was questioned. I ain not asserting do not see him in the Chamber. I will ask that he may be
what it may be on my part. When the Senator speaks of total paired with the senior Senator from Washington [Mr. Ankeny]
amount of salary he must have heard me qualify it by saying and I will vote. I vote “ nay.”
it was practically that.
The roll call was concluded.
Mr. McLAUKIN. It is the same thing, and “ things which
Mr. DILLINGHAM (after having voted in the negative). I
are equal to the same thing or equal things are equal to each desire to inquire whether the senior Senator from South Caro­
other.’'
lina [Mr. T illman ] has voted?
Mr. TELLER. Mr. President, I was a member of the com­
The \ ICE-PRESIDENT. He has not voted.
mittee that recommended to the Senate the increase of salary,
Mr. DILLINGHAM. I have a general pair with that Sena­
and I was a member of the committee‘that reported the bill to tor, and for that reason withdraw the vote I gave.
the Senate. Without violating the rules of the Senate by stating
Mr. McLAUKIN. I wish to state that my colleague [Mr.
what occurred in committee, I desire to say that I am one of M
oney] is unavoidably detained from the Chamber by iliness.
those who believe we have no authority to increase tile emolu­
Mr. SCOTT. I desire to state that my colleague [Mr. Elkins ]
ments of the President in any shape after he has taken his office. is detained from the city. If he were here he would vote “ nay.”
I voted on both occasions against the $25,000 appropriation, not
The result was announced— yeas 28, nays 41, as follows:
because I was not willing that the President should have it, but
YEAS—28.
because I did not believe we had the authority to vote it. I do Bacon
Clapp
Johnston
Paynter
not believe so now.
Bailey
Clay
La Follette
Itayner
Banknead
Culberson
M
cLaurin
Simmon*
Mr, President, when the opportunity was presented I objected
Beveridge
Davis
M
artin
Smith, M
ich.
to the $100,000 salary. I made a suggestion then, and I made Borah
Dixon
M
ilton
Taliaferro
It subsequently in another place, that I was willing to give the Brown
Frazier
Nelson
Taylor
G
ary
Overman
Teller
President of the United States a salary of $75,000. Then I was Burkett
willing to give him, in addition to that— -which we now have the
NAYS—41.
authority to do, because it applies only to the next President Aldrich
Dick
K
ern
Richardson
du Font
Kittredge
Scott
and not to the present President, and there is no constitutional Bourne
Brandegee
Flint
Knox
Smoot
objection to giving tbe President whatever we choose—$25,000 Bulkeley
Frye
Lodge
Stephenson
Fulton
Long
as a contingent fund, to be used in his own discretion for any Burnham
Sutherland
Burrows
Gallinger
M
cEnery
W
arner
purpose that he saw fit. I stated that I would not consent to Carter
G ble
am
Newlands
W
arren
the President of the United States being asked to report to Clark, W
yo.
Guggenheim
Page
W m
et ore
Crane
Hale
Penrose
Congress how he had spent the $25,000.
Cullom
Hemenway
Perkins
.
Mr. President, I know very well— I have had some oppor­ Depew
Heyburn
Platt
tunities to know— that the President of the United States is
NO VOTING—23.
T
called upon at all times for contributions for various purposes
Dillingham
Hansbrough
.Owen*
in charity and in various other ways and a multitude of ex­ Ankeny
Briggs
Dolliver
Hopkins
rues
penses attach to that office which can not be provided for by Clarke, Ark.
Elkins
M
cCreary
Smith, M
d.
m
Foraker
law. I was willing that the President should have a hundred Cum ins
M
cCum
ber
Stone
Curtis
Foster
M
oney
Tillman
thousand dollars provided I knew certainly that there would Daniel
G
ore
Nixon
be no further sum added, as there has been added before, con­
So Mr. Borah’s amendment was rejected.
trary, as I believe, to the Constitution, after he shall have taken
The amendment was concurred in.
r
his office. I voted to make the salary $75,000. I stated then I
Mr. BORAH. On page 11, line 21, I move to strike out
was quite willing to vote, in addition thereto, $25,000, as, if I
words “ one thousand two hundred dollars each,” and to insert
may so say, a contingent fund for his general use.
I do not think a hundred thousand dollars for the President’s the words “ one thousand four hundred and forty dollars each,”
so as to read:
salary is an extravagant sum, everything considered. It was
Eight conductors of elevators at $1,440 each.
stated here the other day that the President of France gets
Mr. WARREN. I hope that amendment will not prevail$125,000, and I thought perhaps there would be some sugges­
That Is invading the right of a class of employees who ought
tion that we should make it $125,000 In this case.
Mr. President, in this discussion it has been agreed that the to be treated together, and it will be taken care of in due sea­
$100,000 is to be final; that there is to be no additional sum son. I do not think the amendment ought to pass at this time.
The VICE-PRESIDENT. The question is on agreeing to Rie
allowed. I know" we can not bind future Congi’esses, but I
believe the policy of the party in powr may be fairly deter­ amendment proposed by the Senator from Idaho [Mr. BoraiiJ
er
The amendment was rejected.
mined by the declarations that have been made here.
Mr, NELSON. On page 11, line 21, I move to strike out the
I am not going to Insist upon the President receiving a
salary of $75,000 after the Senate has carefully considered the word “ tw o” before “ hundred,” and to insert tbe word “ four,
question and voted $100,000, I am going to accept that as the so that the pay of elevator conductors will be $1,100, instead of
action of the Senate, so far as I am personally concerned. I $1,200, as now.
Mr. WARREN. That is the same amendment that was of­
do not believe the people of the United States will particularly
complain of that. I think, as to some of the other salaries, they fered by the Senator from Idaho except a change i f $40.
Mr. NELSON. No; it is not the same amendment.
may make complaint; but I doubt very much whether the
The VICE-PRESIDENT. The Secretary will state the amend­
salary of the President will cause any complaint.
Mr. President, I would rather myself vote for a hundred thou­ ment proposed by the Senator from Minnesota.
Tbe Secretary. On page 11, line 21, before the word “ hun­
sand dollars straight at any time than to vote for $25,000, as we
have been giving him for the last few years in absolute viola­ dred,” strike out “ tw o” and insert “ four,” so as to read:
Etght conductors of elevators, at $1,400 each.
tion, as I believe, of the Constitution of the United States; and
if a hundred thousand dollars will be accepted by tbe party in
Mr. WARREN. That Is exactly the same that we just passed
power as the proper amount, I shall have no special complaint.
upon.
The VICE-PRESIDENT. The question is on agreeing to the
The VICE-PRESIDENT. The question is on agreeing to the
amendment of the Senator from Idaho [Mr. B oraiiJ, on which amendment proposed by the Senator from Minnesota U lrNelson].
the yeas and nays have been ordered.
The Secretary will call the roil.
Mr. WARREN. Is it in order after voting upon an amend­
The Secretary proceeded to call the roll.
ment to have another Senator offer immediately the same amend­
Mr. BAILEY (when his name was called). I have a general ment?
pair with the Senator from West Virginia [Mr. E lkin s ]. I
The VICE-PRESIDENT. It is not in the same language. *
transfer the pair to the Senator from Missouri [Mr. Stone] is different language.
and will vote. I vote “ yea.”
Mr. WARREN. Very well.
Mr. CLRTIS (when his name was called). I announce mv
The VICE-PRESIDENT. It is a different amendment.
pair with the junior Senator from Nevada [Mr. Nixon). Were
Mr. WARREN. I hope it may be voted down.
he here I should vote “ yea.”
Mr. LA FOLLETTE, Mr. President, I send to the desk, to
Mr. TAYLOR (when his name was called). I transfer mv have read in connection with the pending amendment, the rules
pal? with the Senator from New Jersey [Mr. Briggs] to the and regulations requiring the men who run the elevators here to

CONGRESSIONAL RECORD— SENATE.

1909

MESSAGE FROM THE HOUSE.
A message from the House of Representatives, by Mr. TV. J.
Browning, its Chief Clerk, transmitted to the Senate resolutions
commemorative of the life and public services of Hon. C harles
T. D u n w e l l , late a Representative from the State of New York.
The message also announced that the House had agreed to
the amendments of the Senate to the following b ills :
H. It. 23849. An act granting pensions and increase of pen­
sions to certain soldiers and sailors of the civil w a r ; and
II. It. 23S50. An act granting pensions and increase of pen­
sions to certain soldiers and sailors o f the civil war and certain
widows and dependent relatives of said soldiers and sailors.
The message further announced that the House had agreed
to the amendment of the Senate to the bill (II. It. 15452) to
establish two or more fish-cultural stations on Puget Sound.
The message also announced that the House had passed the
following bills, in which it requested the concurrence o f the
Senate:
H . R. 3884. An act to authorize the Secretary of the Treasury
to issue duplicate gold certificates in lieu o f ones lost or de­
stroyed ;
II. It. 17991. An act providing for the transfer o f light-house
reservation at Fort Howard, M d .;
H. R. 25805. An act to reenact and to amend sections 3G4G
and 3047 o f the Revised Statutes;
H . It. 25800. An act granting pensions and increase of pen­
sions to certain soldiers and sailors of the civil war and certain
widows and dependent relatives of such soldiers and sailors;
II. R. 20072. An act granting pensions and increase of pen­
sio n s to certain soldiers and sailors of the Regular Arm y and
I'avy, and certain soldiers and sailors o f wars other than the
civil war, and to widows and dependent relatives of such sol­
diers and sailors;
H. It. 2G394. An act making appropriations for the naval serv­
ice for the fiscal year ending June 30, 1910, and for other pur­
poses ;
, H. It. 26461. An act granting pensions and increase o f pen­
nons to certain soldiers and sailors of the civil war and certain
(
Widows and dependent relatives of such soldiers and sailors;
II. It. 2GG0G, An act to authorize the Lewis Bridge Company
t0 construct a bridge across the Missouri R iver; and
H. R. 2G74G. An act granting pensions and increase o f pen­
nons to certain soldiers and sailors of the Regular Army an
~|avy, and certain soldiers and sailors of wars other than th.
civil war, and to widows and dependent relatives o f such soldien
an(l sailors.
CBKDKOTIALS.
Mr. D O L L IV E R presented the credentials o f A lbert B. C u m *
chosen by the legislature of the State of Iowa a Senator
Horn that State for the term beginning March 4, 1909, which
^ere read and ordered to be filed.
Mr. B U R N H A M presented the credentials of J acob II. G al H kger, chosen by the legislature of the State of New Hampshire
a Senator from* that State for the term beginning March 4,
1909, which were read and ordered to be filed.
i Mr. O W E N presented the credentials of T ho m as P ryor G ore,|
chosea by tbe legislature of the State of Oklahoma a Senator
that State for the term beginning March 4, 1909, which
l^ cre read and ordered to he filed.
—
^
PETITIONS and memorials .
T The V IC E -P R E SID E N T presented a petition of the New York
legislative League of New York City, N. Y., praying that au
1'Propriation be made to continue the work in behalf of pure
cod under the supervision of Dr. Harvey W . Wiley, Chief of
Bureau of Chemistry, Department of Agriculture, which was
referred to the Committee on Manufactures.

jlarbor, No. 20, American Association of Masters, Mates, and
*dots of Steam Vessels, of Galveston, Tex., praying for the
Passage of the so-called “ Knox h ill” concerning licensed offi"\rs
steam and sail vessels, which were referred to the Coman Commerce.
_
o ' 1• SCOTT presented the petition of George R. Latham, of
f* S°- W . V a„ and the petition of Jacob W . Ileavner, of Buck"■‘nnon, W . Va„ praying for the enactment of legislation to
for?,0 a v°lnnteor retired list in the W a r and Navy departments
to
*urvJving members of the civil war, which were referred
Xr_e Committee on Military Affairs.
. _
,
To, ' C l .v i 't presented a petition of the W o m an s Christian
; ‘iperauce Union of Waterloo, N. Y., praying for the enactnt of legislation to regulate the interstate transportation of




1353

intoxicating liquors in prohibition districts, which was referred
to the Committee on the Judiciary.
He also presented a petition o f the New York Chapter, Am eri­
can Institute of Architects, of New York City, N. Y., praying
for the enactment of legislation providing for the erection of the
Lincoln monument in the District of Columbia upon the site
selected by the Park Commission, which was referred to the
Committee on the Library.
He aiso presented a memorial of the Forty-second Annual N a­
tional Encampment, Grand Arm y of the Republic, of Toledo,
Ohio, remonstrating against the enactment o f legislation pro­
viding for the consolidation of certain pension agencies through­
out the country, which was referred to the Committee on Pen­
sions.
Mr. D E r E W presented a petition o f the New York Chapter,
American Institute o f Architects, of New York City, N. Y.,
praying for the enactment of legislation providing for the_erec­
tion of the Lincoln memorial in the District of Columbia on
the site recommended by the Park Commission; which was re­
ferred to the Committee on the Library.
H e aiso presented a petition of sundry citizens of Westfield,
N. Y., and a petition o f Seneca Grange, No. 44, Patrons of H u s­
bandry, of Seneca Falls, N. Y., praying for the passage of the socalled “ rural parcels-post ” and “ postal savings banks ” hills,
which were referred to the Committee on Post-Offices and PostRoads.
He also presented a petition o f the board o f trustees of the
State School o f Agriculture, of Morrisville, N. Y., praying for
the enactment of legislation providing for the enlargement of
the proposed bureau of authority to supply intelligent labor to
the farmers of the country, which was referred to the Commit­
tee on Agriculture and Forestry.
Mr. G U G G E N H E IM presented a memorial of the Forty-second
National Annual Encampment, Grand Army of the Republic, of
Toledo, Ohio, remonstrating against the enactment of legisla­
tion providing for the consolidation of certain pension agencies
throughout the country, which was referred to the Committee
on, Pensions.
Mr. O W E N presented a petition of the Creek Nation o f In­
dians. of the State o f Oklahoma, and the petition o f Samuel .T
.
Crawford, of the State o f Oklahoma, praying for the enactment
of legislation authorizing the Senate Committee on Indian A f ­
fairs to examine and adjust the amount o f losses sustained by
Creek Indian soldiers who enlisted in the civil war, which were
referred to the Committee on Indian Affairs.
PILE S presented a petition of sundry citizens of Ferndale, W ash., praying for the passage of the so-called “ rural
parcels p o st” and “ postal savings b an k s” bills, which was re­
ferred to the Committee on Post-Offices and Post-Roads.
Mr. NELSO N presented a memorial of the Fillmore County
Business Men’s Association, of Preston, Minn., remonstrating
against the passage of the so-called “ rural parcels-post hill,”
which was referred to the Committee on Post-Offices and PostRoads.
He also presented a memorial of the State Horticultural So­
ciety, o f Minneapolis, Minn., remonstrating against the enact­
ment of legislation providing for the free distribution of seeds,
which was referred to the Committee on Agriculture and For­
estry.
He also presented a memorial o f sundry citizens of Holloway,
Minn., remonstrating against the imposition o f any duly or
tax on teas or coffees, which was referred to the Committee on
Finance.
He also presented a petition of sundry citizens of Breckenridge, Minn., praying for the repeal of the duty on hides, which
was referred to the Committee on Finance.
Mr. G A LLIN G E R presented a petition of sundry citizens of
the State of New Hampshire, praying for the passage of the
so-called “ rural parcels-post” and “ postal savings banks”
bills, which was referred to the Committee on Post-Offices and
Post-Roads.
He also presented the petition of Glenn E. Hasted, of W ash­
ington, D. C., praying for the enactment of legislation providing
for the extension of Franklin street, in the District of Columbia,
which was referred to the Committee on the District of Co­
lumbia.
He also presented a memorial of the Anacostia Citizens' Asso­
ciation, of the District of Columbia, remonstrating against the
enactment of legislation to regulate the licensing of builders in
the District of Columbia, which was referred to the Committee
ou the District of Columbia.
Mr. CULLOM presented a memorial of the Forty-second An­
nual National Encampment, Grand Army of the Republic, of
Toledo, Ohio, remonstrating against the enactment of legislation




CONGRESSIONAL RECORD-SENATE.
providing for the consolidation of certain pension agencies
throughout the country, which was referred to the Committee on
Pensions.
Mr. BROWN presented a petition of the Woman’s Christian
Temperance Union of Wahoo, Nebr., praying for the enactment
of legislation to regulate the interstate transportation of in­
toxicating liquors, which was referred to the Committee on the
Judiciary.
He also presented a petition of the Commercial Club of
McCook, Nebr., and a petition of the Commercial Club of Colum­
bus, Nebr., praying for the enactment of legislation granting
travel pay to railway postal clerks, which were referred to the
Committee on Post-Offices and Post-Roads.
He also presented a petition of sundry citizens of Oxford,
Nebr., praying for the passage of the so-called “ rural parcelspost ” bill, which was referred to the Committee on Post-Offices
and Post-Roads.
Mr. BURKETT presented a petition of the Commercial Club
of Columbus, Nebr., praying for the enactment of legislation
granting travel pay to railway postal clerks, which was referred
to the Committee on Post-Offices and Post-Roads.
Mr. DOLLIVER presented a petition of the Ministerial As­
sociation of Keota, Iowa, praying for the enactment of legisla­
tion to prohibit interstate telegraphing of race-gambling bets,
which was referred to the Committee on the Judiciary.
He also presented a petition of the Ministerial Association of
Keota. Iowa, praying for the enactment of legislation to pro­
hibit the sale of intoxicating liquors in all government ships
and buiidings, which was referred to the Committee on Public
Buildings and Grounds.
He also presented a memorial of the Commercial Club of
Davenport, Iowa, remonstrating against the passage of the socalled “ parcels-post ” bill, which was referred to the Committee
on Post-Offices and Post-Roads.
He also presented a petition of sundry citizens of Keota,
Iowa, praying for the enactment of a Sunday rest law for the
District of Columbia, which was referred to the Committee on
the District- of Columbia.
He also presented a petition of sundry citizens of Des Moines,
Iowa, praying for the repeal of the duty on hides, which was re­
ferred to the Committee on Finance.
He also presented a petition of sundry citizens of Keota,
Iowa, praying for the enactment of legislation to prohibit the
importation of opium, which was referred to the Committee on
Finance.
He also presented a petition of sundry citizens of Keota,
Iowa, praying for the enactment of legislation requiring the
clear labeling of all intoxicating liquors, which was referred to
the Committee on Manufactures.
He also presented a petition of Lafayette Grange, No. 208,
Patrons of Husbandry, of Franconia, N. H., praying for the
passage of the so-called “ rural parcels-post ” and “ postal sav­
ings banks ” bills, which was referred to the Committee on PostOffices and Post-Roads.
REPORTS OF COMMITTEES.

Mr. GALLINGER, from the Committee on the District of Co­
lumbia, to whom was referred the bill (S. 8541) to amend sec­
tion 12 of the act regulating the practice of medicine and sur­
gery in the District of Columbia, reported it without amendment
and submitted a report (No. 837) thereon.
Mr. HEMENWAY, from the Committee on Military Affairs,
to whom was referred the bill (IT. R. 21926) for the organiza­
tion of the militia in the District of Columbia, reported it with
amendments and submitted a report (No. 838) thereon.
Mr CLAPP, from the Committee on Claims, to whom was re­
committed the bill (S. 6986) for the relief of registers arnL
former registers of the United States land offices, reported it
with an amendment and submitted a report (No, 839) thereon.
He also, from the Committee on Indian Affairs, to whom was
referred the bill (S. 8223) turning over the Indian school at
Fort Lewis, Colo., to the State of Colorado for school purposes,
reported it without amendment and submitted a report (No.
840) thereon.
Mr. PILES, from the Committee on Commerce, to whom was
referred the bill (S. 8564) to authorize the construction of two
bridges across Rock River, State of Illinois, reported it with­
out amendment and submitted a report (No. 841) thereon.
Mr. BORAH, from the Committee on Irrigation, to whom was
referred the bill (S. 8376) providing for the rcappraisement of
unsold lots in town sites on reclamation projects, and for other
purposes, reported it with an amendment and submitted a report
(No. 842) thereon.
Mr. SCOTT, from the Committee on Military Affairs, to whom
was referred the bill (H. R. 24151) to authorize the Secretary

J anuary 25,

of War to donate two condemned brass or bronze cannon or
fieldpieces and cannon bails to the county c%urt of Marshall
County, W. Va., reported it with amendments and submitted a
report (No. 843) thereon.
He also, from the same committee, to whom was referred the
bill (H. R. 24492) to authorize the Secretary of War to donate
one condemned bronze fieldpiece and cannon balls to the county
of Orange, State of New York, reported it without amendment
and submitted a report (No. 844) thereon.
BILLS INTRODUCED.

Mr. GUGGENHEIM introduced a bill (S. 8765) granting an
increase of pension to Robert L. Rohm, which was read twice
by its title and referred to the Committee on Pensions.
Mr. FRYE introduced the following bills, which were sever­
ally read twice by their titles, and, with the accompanying pa­
pers, referred to the Committee on Pensions:
A bill (S. 8766) granting an increase of pension to Oscar F.
Gammon; and
A bill (S. 8767) granting an increase of pension to Frank
Cleaves.
Mr. CULLOM introduced a bill (S. 8768) granting an in­
crease of pension to James E. Simpson, which was read twice
by its title and, with the accompanying papers, referred to the
Committee on Pensions.
Mr. CUMMINS introduced the following bills, which were
severally read twice by their titles and referred to the Commit­
tee on Pensions:
A hill (S. 8769) granting an Increase of pension to A n d r e w
Balfour;
A bill (S. 8770) granting a pension to Elizabeth Graft;
A bill (S. 8771) granting an increase of pension to C h a r le s
Stevens;
A bill (S. 8772) granting a pension to Jeremiah Williams;
A bill (S. 8773) granting an increase of pension to Hernmnd
Gudmandson;
A bill (S. 8774) granting an increase of pension to Joseph E.
Landis; and
A bill (S. 8775) granting an increase of pension to John
^ewhouse.
-*
r Mr. OWEN introduced a bill (S. 8770) to enable the Secre­
tary of the Interior to dispose of the affairs of the Fire Civi­
lized Tribes, and for other purposes, which was read twice
uts title and referred to the Committee on Indian Affairs,
v Mr. TELLER introduced a bill (S. 8777) granting an in­
crease of pension to Fred A. Rudolph, sr., which was read twice
by its title and referred to the Committee on Pensions.
Mr. PILES (for Mr. A n k e n y ) introducal a bill (S. 8778)
granting an increase of pension to Pauline Suing Bloom, which
was read twice by its title and referred to the Committee on
Pensions.
Mr. WARREN introducal a bill (S. 8779) granting a pension
to Mary A. Hubbell, which was read twice by its title and,
with the accompanying papers, referred to the Committee on
Pensions.
He also introduced a bill (S. 8780) to provide for raising a
volunteer army of the United States in time of actual or threat­
ened war, which was read twice bv its title and, with the ac­
companying papers, referred to the Committee on Military
Affairs.
Mr. CLAPP introduced a bill (S. 8781) to authorize the Sec­
retary of the Interior to allot all the remaining unallotted lands
within the Makah Indian Reservation and to provide for the
conservation and the sale of timber on such reservation, which
was read twice by its title and referred to the Committee on In­
dian Affairs.
He also introduced a bill (S. 8782) granting a p e n s io n to Re­
gina Ebert, which was read twice by its title and, with the
accompanying paper, referred to the Committee on P e n s io n s .
Mr. SMOOT introduced a bill (S. 8783) granting an increase
of pension to Alfred Saxey, which was read twice by its title
and, with the accompanying papers, referred to the Committee
on Pensions.
Mr. BACON introduced a bill (S. 8784) for the relief of the
heirs of E. II. Abercrombie, which was read twice by its *itie
and referred to the Committee on Claims.
He also introduced a bill (S. 8785) for the relief of the legal
representatives of Anderson Abercrombie, deceased, which was
read twice by its title and referred to the Committee on Claims.
Mr. SMITH of Michigan introduced a bill (S. S7S6) to au­
thorize the sale of dead, down, and injured timber in Alpena and
Roscommon counties, Mich., which was read twice by it* title
and referred to the Committee on Fublic Lands.
.
r
He also introduced a bill (S. 8787) for the relief of Sophie 31Guard, which was read twice by its title and referred to the
Committee on Claims,

CONGRESSIONAL RECORD— SENATE.

1909

1401

He also submitted an amendment authorizing the President
twice by its title and, with the accompanying papers, referred
to assign any regularly appointed consul of classes 7 and 8 to
to the Committee on Pensions.
lie also (for Mr. S t o n e ) introduced a b i l l (S. 8 8 3 2 ) grant­ service in the Department of State, without change of salary,
ing an increase o f pension to W illiam Minix, which v>as read for a period not to exceed two years in any one case, etc., in­
twice by its title and, with the accompanying papers, referred tended to be proposed by him to the diplomatic and consular
appropriation bill, which was referred to the Committee on For­
to the Committee on Pensions.
lie also (for Mr. S to n e ) introduced a bill (S. 8833) grant­ eign Relations and ordered to be printed.
ing an increase of pension to W illiam H ill Grafton, which it as
AMENDMENT TO POSTAL SAVINGS BANKS BILL.
read twice by its title and referred to the Committee on Pen­
Mr. SIM M ONS submitted an amendment intended to be pro­
sions.
posed by him to the bill (S. 0484) to establish postal savings
Mr. G AM BLE introduced a bill (S. 8834) to amend an act banks for depositing savings at interest with the security of the
approved February 24, 1005, for the protection of persons fur­ Government for repayment thereof, and for other purposes,
nishing labor, materials, plant, and supplies for the construction which was ordered to lie on the table and be printed.
of public works, which was read twice by its title and referred
IMPROVEMENT OF POLSON B A T , MONTANA.
to the Committee on Irrigation and Reclamation of Arid Lands.
Mr. CAR TE R submitted the following concurrent resolution
Mr. B A N K H E A D introduced a bill (S. 8835) to provide a site
and erect a public building at Jasper, Ala., which was read (S. C. Res. 79) which, with the accompanying paper, was re­
twice by its title and referred to the Committee on Public Biuid- ferred to the Committee on Commerce:
R e s o lv e d b y th e S e n a te ( th e H o u s e o f R e p r e s e n ta tiv e s c o n c u r r in g ),
iugs and Grounds.
He also introduced the following bills, which were severally That the Secretary of War is hereby authorized to cause preliminary
examination and survey to be made of Poison Bay, Blathead Lake,
read twice by their titles and referred to the Committee on Montana, with a view to dredging the channel and putting in piling
on the east side thereof.
Claims:
A bill (S. 8830) for the relief of M. G. Jetton, J. P. Jetton,
IMPROVEMENT OF WILLAMETTE AND COLUMBIA RIVERS, OREGON.
D. M. Jetton, B. H. Jetton, and M. G. Williams, heirs at law of
Mr. BO URN E submitted the following concurrent resolution
Mitchell Jetton, deceased; and
A bill ( S. 8837) to carry out the findings of the Court of (S. C. Res. 78), which was referred to the Committee on Comnerce:
Claims in the case of James A. Paulk.
R e s o lv e d b y th e S e n a te ( th e H o u s e o f R e p r e s e n ta tiv e s c o n c u r r in g ),
/ ' M r . O W E N introduced a bill (S . 8838) for the establishment
(That the Secretary of War l> and he is hereby, directed to cause a
e,
/and maintenance of experimental farms and horticultural sta­ Purvey and estimates to be made for a project of improvement of the
tions in each congressional district, where practicable, in the Willamette and Columbia rivers, in tlic State of Oregon so as to
States and Territories west of the Mississippi River, and for brovide a 30-foot channel from Portland, Oreg., to the Pacific Ocean,
)nd report the same to Congress.
.other purposes, which was read twice by its title and referred
PORTRAIT OF THE LATE SENATOR ALLISON.
‘to the Committee on Agriculture and Forestry.
Mr. T E LL E R . I have a very brief resolution, which I desire
/ He also introduced a bill (S . 8S39) for the r e m o v a l------fstrictions from the third selection or allotment of lands selected to offer and to which 1 call the attention of the Senate. I am
by William J. Scott, a minor member of the Osage tribe of In- isure it is a resolution which the Senate will be glad to pass.
i dians, and for other purposes, which was read twice by its I send it to the desk and ask for its present consideration.
The resolution (S. Res. 264) was read, considered by unani­
(title and referred to the Committee on Indian Affairs.
Mr. CU LB ER SO N introduced a bill (S. 8840) for tin............. mous consent, and unanimously agreed to, as follow s:
of Davis W . Hatch, which was read twice by its title and re­
R e s o l v e d , That tlio Senate Committee on the Library is hereby au­
thorized to purchase from Wilber A. Iteaser bis oil portrait of the late
ferred to the Committee on Claims.
Senator William 1 . Allison, at a cost not to exceed ijil.uO , the same
5
O
Mr. B U L K E L E Y (by request) introduced a bill (S. 8841) to be paid from the contingent fund of the Senate.
for the relief of Josephine F. Violland, which was read twice
ADDITIONAL CLERK TO COMMITTEE ON THE LIBRARY.
by its title and, with the accompanying papers, referred to the
Mr. W E T M O R E submitted the following resolution (S. Res.
Committee on Claims.
Mr. du PONT introduced a hill (S . 8842) granting a p e n ­ 262), which was referred to the Committee to Audit and Control
the Contingent Expenses of the Senate:
s io n t o Joseph Rigby, which was read twice b y i t s title a n d
re fe rre d

to the Committee on Pensions.

Mr. M O N EY introduced the following bills, which were sev­
erally read twice by their titles and, with the accompanying
bailers, referred to the Committee on Claims:
A bill (S 8843) for the relief of Abbie P. Anderson and
the heirs or estate of William A . W atkins, deceased;
, A bill (g . 8844) for relief of the heirs or estate of Cornelius C.
Cunningham, deceased, and others; and
A bill (S. 8845) for the relief of the heirs or estate of George
^ • McCabe, deceased, and others.
AMENDMENTS TO APPROPRIATION RILLS.
Mr. W A R N E R submitted an amendment proposing to appro­
priate $250 to pay William B. Turner for preparing the index
5° the final report o f the Board of Lady Managers to the St.
'‘ ads Exposition, intended to be proposed by him to the genr'fal deficiency appropriation bill, which was referred to the
'- ‘•niiuittee on Appropriations and ordered to be printed.
D IC K submitted an amendment relative to the leave
° f naval constructors, assistant naval constructors, civil
“
bgineers, assistant civil engineers, etc., in the navy, intended
he proposed by him to the naval appropriation bill, which
)V!l8 referred to the Committee on Naval Affairs and ordered
10 h e p r i n t e d .

„ - lr- C AR TE R submitted an amendment proposing to approN
Pr>ato $324 to pay M. F. Mann for services rendered as cus[:*han of the Fort Keogh abandoned military reservation, etc.,
h an d ed to be proposed by him to the general deficiency ap­
propriation bul Which was ordered to be printed and, with toe
»<w>nipunying paper, referred to the Committee on Appro11 > a tio n s .
< J * r ; W l I M i E s u b m i t t e d a n a m e n d m e n t a u t h o r i a l . .8: t b e > P r e r f l 111 t o a s s i g n a n y r e g u l a r l y a p p o i n t e d s e c r e t a r y o f e m b a s s y o r
R a t i o n t o service in t h e D e p a r t m e n t o f S t a t e w i t h o u t c h a n g e
•f s a l a r y for a p e r i o d n o t t o e x c e e d t w o y e a r s in a n y o n e c a s e ,
* V* i n t e n d e d t o b e p r o p o s e d b y h i m t o t h e d i p l o m a t i c a n d c o u a p p r o p r ia tio n b ill, w h ic h w a s r e f e r r e d to th e C o m m itte e
f o r e i g n Relations a n d o r d e r e d t o b e p r i n t e d .




R e s o l v e d , That the Committee on the Library be, and is hereby, au­
thorized to employ for the remainder of the Sixtieth Congress an addi­
tional clerk, to be paid from the contingent fund of the Senate, at the
rate of $120 per month.

HOUSE BILLS REFERRED.

The following bills and joint resolution were severally read
twice by their titles and referred to the Committee on the Dis­
trict of Columbia:
H. R. 23707. An act to incorporate the Imperial Palace D ra­
matic Order Knights o f Ivhorassan;
II. R. 26920. An act to repeal section 12 of an act entitled An
act to provide for a Union railroad station in the District of Co­
lumbia, and for other purposes,” approved February 28, 1903,
and to provide for the location and erection of a substation on
the parking at the corner formed by the intersection of the east
side of Seventh street and the south side of C street 8W -, in tne
city o f Washington, D. C., by the Philadelphia, Baignore| and
Washington Railroad Company, and to provide for
appiovai
o f the same by the Commissioners of the District of Colun a ,
11H. J. Res. 200. Joint resolution granting to the Fifth Regiment
Maryland National Guard the use of the corridors of the court­
house of the District of Columbia upon such terms and condi­
tions as may be prescribed by the marshal of the D istnct.
LEGISLATIVE, ETC., APPROPRIATION BILL.

The VIC E -P R E SID E N T laid before the Senate the action of
the House of Representatives disagreeing to the amendments of
the Senate to the bill (H . R. 23464) making appropriations for
the legislative, executive, and judicial expenses of the Govern­
ment for the fiscal year ending June 30, 1910, and for other pur-'
1
toses, and requesting a conference with the Senate on tlie dis­
agreeing votes of the two Houses thereon.
31r CULLOM . I move that the Senate insist upon its amend­
ments and agree to the conference asked for by tlie House, and
that the conferees on the part of the Senate be appointed by tlie
Chair;
The motion was agreed to ; and the Vice-President appointed
Mr. Warren, Mr. H emenway, and Mr. Teller.

J a n u a r y 26 ,

u\n Gong.:

The VICE-PRESIDENT laid before the Senate the amend­
ment of the House of Representatives to the bill (S. 6359) to
change the name and jurisdiction of the inferior court of justice
of the peace in the District of Columbia.
Mr. GALLINGER. I move that the Senate disagree to the
amendment of the House, and request a conference on the dis­
agreeing votes of the two Houses thereon, the conferees on the
part of the Senate to be appointed by the Chair.
The motion was agreed t o ; and the Vice-President appointed
Mr. G
aixingeb, Mr. Dillingham, and Mr. Mabtin.




VETERAN VOLUNTEER FIREMEN’S ASSOCIATION O THE DISTRICT.
F
The VICE-PRESIDENT laid before the Senate the amend­
ment of the House of Representatives to the bill (S. 2024) to
amend an act authorizing the Commissioners of the District of
Columbia to grant to the Veteran Volunteer Firemen’s Asso­
ciation use of certain property in the city of Washington, ap­
proved March 2,1891, which was, on page 1, line 3, to strike out
said act and insert the act entitled :

An act authorizing the commissioners to grant to the Veteran Volun­
teer Firemen's Association use of certain property in the city of W
ash­
ington, approved M
arch 2, 1891.
Mr. GALLINGER. I move that the Senate concur io the
amendment of the House of Representatives.
The motion was agreed to.
AFFAIRS IN THE TERRITO
RIES.
Mr. BEVERIDGE. I ask that the conference report on the
bill (H. R. 21957) relating to the Territories be laid before the
Senate. The report was printed in full in the R ecord on Janu­
ary 22.
The VICE-PRESIDENT laid before the Senate the report of
the committee of conference on the disagreeing votes of the two
Houses on the amendments of the Senate to the bill (H. R.
21957) relating to affairs in the Territories, which was read.
The report was agreed to.
SUPPRESSION OF DEALINGS IN FUTURES.
Mr. DAVIS. Mr. President, I ask that Senate bill 7370 be
laid before the Senate.
The VICE-PRESIDENT. At the request of the Senator from
Arkansas the Chair lays before the Senate the bill indicated by
him, which will be read by title.
The Secretary. A bill (S. 7370) to prohibit any person or
corporation, for themselves or for or in the interest of any
other person or corporation, directly or indirectly, from deliver­
ing, receiving, or transmitting, and from being interested in, or
aiding in any manner, the receiving, delivering, or transmitting
by mail, telegraph, telephone, or other means whatever, in any
State, district, country, Territory, or place over which the sover­
eignty of the United States of America now exists, any message,
information, intelligence, letter, writing, card, device, sign, sym­
bol, cipher, or other thing whatsoever, the subject of the senses,
or any of them, whereby intelligence or information may be con­
veyed or understood, relating to or in any manner or form
concerning any transaction or proposed or suggested transaction,
scheme, or plan to speculate or gamble, or gain or lose sums of
money called margins, which gains or losses, respectively, are
made to depend upon the future increase or decrease of the
market price of any product of the soil, provided that at the
time of such transaction, proposed transaction, scheme, or plan
for so speculating or gambling any such product of the soil be
the subject of interstate commerce, or the subject of commerce
from or by and between the people of the United States of
America and the people of any foreign country.
Mr. DAVIS. Mr. President, the bill which I present for the
consideration of this honorable body is leveled at one of the
greatest evils that exists in this Government, namely, gambling
in the products of the soil; gambling in the fruits of human in­
dustry, the fruits of honest toil. The object and purpose of this
bill is to suppress this character of gambling, and I feel secure,
sir, in the position I take, that if this bill shall receive the favor­
able consideration of Congress and shall become a law, it will
accomplish the purpose for which it is intended and eradicate
and destroy this great evil.
The provisions of the bill, to my mind, are plain, simple, yet
effective. Section 1 of the bill provides that it shall be unlawful
for any person, association of persons, corporation, or associa­
tion of corporations, being in any State or Territory in the United
States or any foreign country, to deliver, receive, or transmit,
directly or indirectly, or to be interested in or to aid in the
receipt, delivery, or transmission, by means of the mall, tele­
graph, or telephone, any intelligence or information, message,
ettor, or card, or other device whereby any intelligence or inornmtion may be conveyed to any other parties, persons, or
associations, or corporations, for their use and benefit, relating

to or in any way concerning any transaction suggested or pro­
posed, whose true intent may be to gamble or speculate as to
the future market price of any product of the soil, commonly
known as “ buying and selling futures,” provided, that bona fide
sales and delivery, according to contract, shall not subject the
parties to such transactions to the penalties of this act.
Mr. President, this section, when boiled down to its last
analysis and relieved of its legal technical verbiage, provides
this: That in any interstate or international transaction it shad
be unlawful to use the mails, or the telegraph, or the telephone
system for the purpose of conveying gambling propositions be­
tween buyer and seller.
That this may be done can not be disputed by anyone who has
given the subject careful consideration. For the present pur­
pose of the argument, let us concede that buying and selling
futures, as commonly understood among men, is a gambling
transaction; then, I take it, sir, that it will not be gainsaid or
denied that Congress, by proper bill, may provide that the public
mails may not be used for the purpose of assisting, aiding, or
encouraging such a gambling transaction. In like manner, Con­
gress may say that the telegraph system and the telephone sys­
tem of the country shall not be used for the purpose of con­
veying intelligence from buyer to seller, or vice versa, in any
transaction of this character. These, Mr, President— the mail,
the telegraph, and the telephone— are the three great means of
communication, and if Congress shall, by law, place an inhibi­
tion upon their use for this purpose, the day of the speculator
in the products of the soil will have ended, and the business of
the cotton and other exchanges of the country will have ceased.
Whenever we, by means of legislation, stop the means of com­
munication between the buyer and the seller, this business of
the gambler falls of Its own weight, because when the feeders,
through the instrumentality of the mail, the telegraph, and the
telephone, are shut off, the gamblers at the fountain head of
this nefarious scheme can not gamble among themselves, and
their business is at once at an end.
Section 1 of this bill, Mr. President, provides a penalty not
only against the telegraph and telephone companies who re­
ceive and transmit these messages, but it provides a penalty
against the man who sends the message; also against the mao
who receives the message. It so hedges in this illegal transac­
tion and makes the continuation of it so hazardous and uncer­
tain that few will care to risk being caught in the meshes of
the law in order to carry on this character of enterprise. Sec­
tion 3 of the bill provides that it shall be unlawful for the
postal authorities of the United States to receive for transmis­
sion, whether properly stamped or not, any letter or other
thing mentioned in section 1 of this act; and if such unlawful
letter or card shall at any time come into the custody of any
postal official, it shall be marked “ unlawful,” filed in a place
securely locked under the supervision of the proper postmaster
or postal official, and notice of its possession given at once to
the district attorney in the district in which it is taken, or to
the Attorney-General, and the Postmaster-General shall make
and publish proper rules and regulations for carrying iut°
effect this provision.
Section 4 provides that if any officer of the Postal Depart­
ment having the lawful possession of any such letter or other
thing mentioned In sections 1 and 3 of this act. and shall, know­
ing the unlawful character of said letter, deliver the same,
either to whom addressed or to any other person, except a3
provided in section 3, to the district attorney or Attorney-Gen­
eral, shall be subject to indictment, and, upon conviction, sliull
be fined in any sum not less than §100 nor more than $5,000,
and shall be removed from office and thereafter shall Dot be
eligible to hold any office of public trust.
Section 5 of this act provides that any other person, other
than postal officials, who shall violate this'act shall be guilty of
a felony, and upon conviction shall be confined to the peniten­
tiary for not less than five nor more than fifteen years.
Section 6 of this act provides that any corporation violating
the provisions of this act shall forfeit and pay to the United
States of America for each unlawful act not less than §10,000 nor
more than $100,000, to be recovered by proper suit, one-half to
go to the informant and one-half to the Government. Besides,
if the district attorney or the Attorney-General shall he dere­
lict in his duty, or shall neglect or refuse to enforce the pro*
visions of this act, then section G cnqiowers the President of the
United States to appoint some suitable and proper person that
will enforce it.
This a c t , M r. P r e s i d e n t, b r i e f a s i t is , p l a i n a n d e x p li c it a s
a r e i t s te r m s , i n m y ju d g m e n t , i s a thorough and a c o m p l e x
r e m e d y f o r t h e e v il a t w h ic h i t is d ir e c te d .

Of course, It is not contended that Congress can regulate
transactions happening or occurring wholly within any given
State, It can ouiy regulate such transactions as are interstate

CONGRESSIONAL RECORD— SENATE.

1909.

and dependent relatives of such soldiers and sailors, which was
read twice by its title, the bill being a substitute for the fol­
lowing Senate bills heretofore referred to that committee:
S. 10. Isaac F. Jew ett;
S. 203. William Finsley;
S. 957. Rodolpli Crandall;
S. 1271. James S- Bush;
S. 1380. Henry Loin*;
S 1536. John F. Langley;
S. 1588. John W . Burst;
S. 1591. John C. Crawford;
S. 1000. James T. K en t;
S. 1718. W illiam H aines;
S. 2702. Isaac A . Arnold ;
S. 3015. W illiam F. W in d le;
S. 3327. Samuel W e s t ;
S. 3330. Lauren M ullin;
S. 3008. James M. M cK ain;
S. 3014. Bobert A. M cNutt;
S. 3739. W illiam H . Manson;
S. 3620. John Wom ersley;
S. 4031. Thomas D. Osborne;
S. 4119. Lois 51. Price;
S .4416. W illiam C. George;
S. 4652. Isaac N. Van P e lt;
S. 4894. Alfred A. Gambill;
S. 5235. Albert W . Brewster;
S. 5574. Richard Pascoe;
S .5580. Arthur Ruble;
S. 5884. Joseph Swarthout;
S. 6194. W illiam Passler, alias John Ivropston;
S .6283. George W . M cAllister;
8.6379. Abraham W . How ard;
8.6419. Isaac II. Sprague;
8. 6431. Charles H anson;
8-0518, George F. Cook;
8.0712. George W . Tilton;
8-6834. Harrison J. Case;
8-6945. Robert B. LongstafC;
8.6992. James R. Rundlett;
8.7063. W illiam Bernard;
8.7124. Frederick EL Sebastian;
8-7190. Alvin W . Bunnell;
8.7198. James M. Perkins;
8-7222. Peter Schang;
8-7227. William Condo;
8-7317. Florence Haggerty;
8- 7324. George IX Smith;
8 - JO 9. Charles N. Baker;
£•7432. John Ackley;
£•7439. Luman M. Grout;
£•7442. Francis L. Knapp;
8-7455.

§•7526.
£•7533.
£• C'50.
£*i'r
»06.

W illiam A. Menor;
Henry C. W ashburn;
Joseph I). H olt;
Lewis Sim s;

^•^*03. Robert E. Huff;
£ * i ';W . Robert B . M ills;

£’ |704.
g'-iH r*
a * il35*
” •7 (4 9 .

L e s le y H oover;
Irena Brown;
John I*. B astlan;
Edwin B, Brewster;
E(*wln E. Chase;
Jocl E. Cox;
ir r
ssett;

8 v n i"' ” UXiUlt’1
Shannon;
s' v / ! 0' Susannah M. M agee;
s ’ tM/j?* Theophllus K. H arm an;

S’ S S - All*rt Boon;
H v> m’
'7- Bennrd, alias Charles A. D ouglas;
s ' 8 t e p h e n Robinson;
S
f Al'y E * Shrewsbury;
S w ;!?* Ja,U(‘s 8. Davis;
H
nhard;
8 £e>,jo' ^y^liam Bernlmn
Stoddard;
S k W Thomas “ • Stewart;
t T 1 * It.
*"1
8.’ §Jw* John M artin;
8-.s u o 5 f mupl ,J- Taylor;
S 8400 XJ- ■ 1,yJor,
A
8 .,v |> e S .n P ° loon » . B o v v k e r ;
S
Virginia L. Caldwell;
•H4? f William M. Clapp;
**• D JB -lus S . S a n b o r n ;




1459

S. S472. John Deneen;
S. 8501. Edward J. Golden;
S. 8536. W illiam S. Salford;
S. 85S4. Erwin C. W a tk in s;
S. 8589. George W - Buswell;
S . 8630. William J. Gardner;
S. 8631. Mary A. Hayward;
S. 8632. John M. A d am s;
S. SG63. Thomas Entwistle;
S . 8604. Ellen R. B. M orrill;
S. 8665. Daniel M. W h ite; and
S. 8714. Rebecca W . Carroll.
Mr. NELSON, from the Committee on Public Lands, to whom
was referred the bill (S. S780) to authorize the sale of dead,
down, and injured timber in Alpena and Roscommon counties,
Mich., reported it without amendment and submitted a report
(No. S5S) thereon.
Mr. B U RN H AM , from the Committee on Pensions, to whom
were referred certain bills granting pensions and increase of
pensions, submitted a report (No. 859), accompanied by a bill
(S . 8899) granting pensions and increase of pensions to soldiers
and sailors of wars other than the civil war, and to certain
widows and dependent relatives of such soldiers and sailors,
which was read twice by its title, the bill being a substitute
for the following Senate bills heretofore referred to that com­
mittee :
S. 4477. Clara J. Sitton;
s. 4844. Caloway G. Tucker;
S . 5257. Thomas B. Stewart;
S. 7S03. Alanza A. B ailey ;
S. 8281. Caroline Oliver ;
S. 8633. Prudencio Ortagus; and
S. 8034. Benjamin B. Turner.
Mr. FU LTON, from the Committee on Claims, to whom was re­
ferred the bill (S . 4420) for the relief of Thomas C. Clark, re­
ported it with an amendment and submitted a report (No. 8G0)
thereon.
He also, from the same committee, to whom was referred the
bill (II. It. 2952) for the relief of Chaplain Henry Swift, Thir­
teenth Infantry, U. S. Army, reported it with an amendment
and submitted a report (No. 863) thereon.
He also, from the same committee, to whom were referred the
following bills, reported them severally without amendment and
submitted reports thereon:
A bill (S. 2489) for the relief of Harry G. Rupp (Report No.
8 6 1 ) ; and
H. It. 6032. An act to pay to the administratrix of the estate
of George W . Fleming for services rendered as letter-box in­
spector from March 29, 1902, to June 13, 1903 (Report No. 862).
Mr C LAR K of Wyoming, from the Committee on Public Lands,
to whom was referred the bill (H . It. 26216) to extend the pro­
visions of section 4 of an act entitled “An act making appropria­
tions for sundry civil expenses of the Government for the fiscal
year ending June 30, 1895, and for other purposes,” approved
August 18, 1894, to the Territories of New .Mexico and Arizona,
reported it without amendment and submitted a report (No.
856) thereon.
Mr. C ARTER, from the Committee on the District of Co­
lumbia, to whom was referred the bill (S. 7996) to provide for
the extension of Nineteenth street from Belmont road to Biltmore street, in the District of Columbia, with a uniform width
of 50 feet, and for other purposes, reported it without amend­
ment and submitted a report (No. 864) thereon.
CONSULAR SERVICE IN SICILY.
Mr. LODGE. I am directed by the Committee on Foreign
telations, to whom was referred tlie bill (H . R. 26(09) to amend
n act to provide for the reorganization of the consular service
f the United States, to report it favorably without amendment.
ask for its immediate consideration.
The Secretary read tlie bill, and, there being no objection,
he Senate, as in Committee of the Whole, proceeded to its conideration. It proposes to further amend the act entitled “An
ct to provide for the reorganization of the consular service of
he United States,” approved April 5, 1906, as heretofore
mended by striking out, in class 9, consuls, tlie word “ Messina,”
nd by inserting after the word “ Carlsbad,” in class 7, couuis, the word “ Catania.”
The bill was reported to the Senate without amendment,
rdon*d to a third reading, read the third time, and passed.
ADDITIONAL CLERK TO COMMITTEE ON TH E LIBRARY.
Mr. KEA N . I am directed by the Committee to Audit and
Control the Contingent Expenses o f the Senate, to whom was
referred the resolution submitted yesterday by the Senator from
Rhode Island [M r. W etmoue], to report it favorably without
amendment, and I ask for its present consideration.




1460

CONGRESSIONAL RECORD— SENATE.

The resolution (S. Res. 262) was read, as follows:

That the Committee on the Library be, and is hereby, au­
thorized to employ for the remainder of the Sixtieth Congress an addi­
tional clerk, to be paid from the contingent fund of the Senate, at the
rate of $120 per month.
R eso lv ed ,

The VICE-PRESIDENT. Is there objection to the present
consideration of the resolution?
Mr. CULBERSON. I object. I should like to have the
resolution explained, and I object to its present consideration.
The VICE-PRESIDENT. The Senator from Texas objects
to the present consideration of the resolution, and it will go to
the calendar.
Mr. KEAN subsequently said: Some time this morning I
reported a resolution from the Committee to Audit and Control
the Contingent Expenses of the Senate, giving the Committee
on the Library the right to employ an additional clerk to the
close of the present session. I have explained it to the Senator
from Texas [Mr. Culberson], and he withdraws his objection,
I ask for the present consideration of the resolution.
The resolution was considered by unanimous consent and
agreed to.
MISSOURI R
IVER B ID E.
R G
Mr. MARTIN. I am directed by the Committee on Com­
merce, to whom was referred the bill (H. R. 28006) to authoriz<
the Lewis Bridge Company to construct a bridge across the'
Missouri River, to report it favorably without amendment.
Mr. WARNER. I ask unanimous consent for the considera­
tion of the bill just reported by the Senator from Virginia.
The Secretary read the bill, and. there being no objection, the
Senate, as in Committee of the Whole, proceeded to its consid­
eration.
The bill was reported to the Senate without amendment,\
ordered to a third reading, read the third time, and passed.
TENNESSEE RIVER BRIDGE.

Mr. MARTIN. la m directed by the Committee on Commerce,
to whom was referred the bill (S. 8540) to amend an act entitled
“An act to authorize the construction of a bridge across the Ten­
nessee River in Marion County, Tenn.,” approved May 20, 1002,
as amended by an act approved February 1, 1905, entitled “An
act to amend an act entitled ‘An act to authorize the con­
struction of a bridge across the Tennessee River in Marion
County, Tenn.,’ ” to report it favorably without amendment,
and I submit a report (No. 855) thereon.
Mr. FRAZIER. I ask for the immediate consideration of the
bill. It is a local measure, and it is important that action
should be taken promptly.
The Secretary read the bill; and there being no objection,
the Senate, as in Committee of the Whole, proceeded to its
consideration.
The bill was reported to the Senate without amendment,
ordered to be engrossed for a third reading, read the third
time, and passed.
BILLS INTR UCED.
OD
Mr. CULLOM introduced the following bills, which were
severally read twice by their titles and referred to the Com­
mittee on Pensions:
A bill (S. 8846) granting an increase of pension to Francis
M. Walker;
A bill (S. 8847) granting an increase of pension to James H.
Weatherby;
A bill (8. 8S4S) granting a pension to Elizabeth Sadler; and
A bill (S. 8849) granting a pension to James M. Williams.
Mr. SMITH of Michigan introduced a bill (S. 8850) naturaliz­
ing William George Drought, which was read twice by its title
and, with the accompanying paper, referred to the Committee on
Immigration.
He also introduced a bill (S. 8851) authorizing and directing
the Secretary of War to enter on the roll of the Third Regi­
ment of Michigan Volunteer Cavalry the name of M iliiam J.
Shirley, which was read twice by its title and referred to the
Committee on Military Affairs.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
Pensions:
A bill (S. 8852) granting a pension to Frankie Esselstyn; and
A bill (S. 8853) granting a pension to Agnes Hunt.
Mr. BURNHAM introduced the following bills, which were
severally read twice by their titles and, with the accompanying
papers, referred to the Committee on Pensions:
A bill (S. 8854) granting a pension to Marianna C. Rockwell;
A bill (S. 8855) granting an increase of pension to Lillia Q.
Brackett;
A bill (S. 8856) granting an increase of pension to Daniel L.
Ordway; and
A bill (S. 8857) granting an increase of pension to Henry A. Read.

J anuary 27,

Mr. SMOOT introduced a bill (S. 885S) granting an increase
of pension to Thomas II. Beck, which was read twice by its title
and, with the accompanying papers, referred to the Committee
on Pensions.
Mr. PILES introduced a bill (S. 8859) concerning the trans­
portation of passengers coastwise, which was read twice by its
title and referred to the Committee on Commerce.
Mr. McCREARY introduced a bill (S. 8860) for the relief
of the estate of Richard White, which was read twice by its
title and referred to the Committee on Claims.
Mr. TAYLOR introduced a bill (S. 8861) granting an increase
of pension to Martha E. Bradley, which was read twice by its
title and referred to the Committee on Pensions.
He also introduced a bill (S. 8862) for the relief of Elise
Trigg Shields, which was read twice by its title and referred to
the Committee on Claims.
Mr. CLAY introduced a bill (S. 8863) granting an increase
of pension to Samuel II. Askew, which was read twice by its
titte-and referred to the Committee on Pensions.
Mr. OWEN introduced a bill (S. 88G4) granting a pension
to Sarah G. Hamilton, which was read twice by its title and
referred to the Committee on Pensions.
He also introduced the following bills, which were severally
read twice by their titles and referred to the Committee on
Claims:
bill (S. 8865) for the relief of the estate of G. W . Gliclb,
eceased; and
A bill (S. 8866) for the relief of John A. Oliphant.
Mr. OWEN introduced a bill (S. 8S67) authorizing the Sec­
retary of the Interior to set aside the forfeiture of and rein­
state a coal lease to the Sans Bois Coal Company, which was
read twice by its title and referred to the Committee on Indian i
Affairs.
r. SIMMONS introduced a bill (S. 8868) for the relief of the
heirs of Nancy Barfield, deceased, which was read twice by its
title and referred to the Committee on Claims.
He also introduced the following bills, which were severally
read twice by their titles and, with the accompanying p a p e rs,
referred to the Committee on Pensions:
A bill (S. 8S69) granting an increase of pension to Thomas H.
Revis; and
A bill (S. 8870) granting an increase of pension to Edward
Sams.
Mr. FRAZIER introduced a bill (S. 8871) for the relief
the legal representatives of William C. Blalock, deceased, which
was read twice by its title and referred to the Committee on
Claims.
Mr. STONE introduced a bill (S. 8872) granting a pension to
Sarah J. Ridgeway, which was read twice by its title and re­
ferred to the Committee on Pensions.
He also introduced the following bills, which were severally
read twice by their titles and. with the accompanying papers
referred to the Committee on Pensions:
*
A bill (S. 8873) granting an increase of pension to Thomas J*
Kirtley; and
K
A bill (S. 8874) granting an increase of pension to Alfred *
Webb.
Mr. STONE introduced a bill (S. 8875) for the relief of t&®
heirs of Francis E. Bannister, deceased, which was read twic
by its title and referred to the Committee on Claims.
Mr. DICK introduced a bill (S. 8876) granting a pension to
Helen L. Fitch, which was read twice by its title and referred
to the Committee on Pensions.
'
Mr. BRANDEGEE introduced the following bills, which were
severally read twice by their titles and referred to the Com­
mittee on Pensions:
A bill (S. 8877) granting a pension to Mary E. Smith:
A bill (8. 8878) granting an increase of pension to HornWorthington;
A bill (S. 8879) granting an Increase of pension to Miaer A*
Robbins;
T
A bill (S. 8880) granting an increase of pension to Emily
do Behrens;
A bill (S. 88S1) granting a pension to Julius Ortman;
A bill (S. 8S82) granting an increase of pension to Chare*
B. Bentley;
A bill (S. 8883) granting an increase of pension to Mar}
H ill;
A bill (S. SS84) granting a pension to Franklin II. Sage:
A bill (S. 8885) granting an increase of pension to V ‘ ‘ t
S. E ly;
T
„
A bill (S. 8886) granting an increase of pension to L ik .
Hicks; and
,
A bill (S. SSS7) granting a pension to Betsey A. Lockwoot-

CONGRESSIONAL RECORD— SENATE.

1909.

1463

The VIC E -P R E SID E N T. Objection is made to the present river. with a view to securing and maintaining a uniform depth of not
less than 30 feet at the lowest stage of water in said rivers from said
consideration o f the joint resolution.
city of Portland to the ocean, such survey and estimates to he reported
Mr. CULLOM. I move that the Senate proceed to the consid- to Congress.
eration of executive business.
Mr. FULTON. I ask that the resolution be referred to the
Mr. PE R K IN S . I wish to submit a resolution.
Committee on Commerce. W hile I have the floor I wish to take
Mr. CULLOM. I thought morning business had been dis­ advantage of the opportunity to state that I hope the motion
posed of.
to go into executive session will not be pressed. I want to
Mr. FU LTON. I wish the Senator from Illinois would not ! proceed with the consideration of the omnibus claims bill, and
Press that motion.
I hope the Senate will allow us to do so. I f it does not, we
The VIC E-PR E SID EN T. Does the Senator from Illinois yield i can not hope to get that bill disposed of during the present
to the Senator from Oregon'?
session.
Mr. CULLOM . I can not yield. I gave notice yesterday that i
The V IC E-PR E SID EN T. The resolution will be referred to
I would move an executive session at this time, and I make that the Committee on Commerce.
Is there further morning
Motion.
business?
The V IC E -P R E SID E N T. The question is on the motion of
EX U E SESSION.
EC TIV
tte Senator from Illinois.
Mr. CULLOM. I f there is no further morning business, I
The motion was not agreed to.
move that the Senate proceed to the consideration of executive
Mr. CAR TE R . Mr. President, I desire briefly to call atten­
business.
tion to the joint resolution providing for the Lincoln memorial
The VIC E-PR E SID EN T. The question is on agreeing to the
exercises. The Senator from Rhode Island [Mr. Wetmore] in motion o f the Senator from Illinois, that the Senate proceed to
conference with the Senator from Pennsylvania [Mr. Knox] lias the consideration of executive business. [Putting the question.]
Arranged to offer a substitute for the House joint resolution By the sound the “ noes ” seem to have it.
xvliicli has just come to the Secretary’s desk. I can see no
Mr. LODGE, I ask for the yeas and nays.
objection to that. It would put the matter in conference. I
Mr. CULLOM. I hope the Senate will vote to go into execu­
renew the request for unanimous consent that the joint reso­ tive session.
lution be now considered. I am sure it will lead to no discus- j The yeas and nays were ordered, and the Secretary proceeded
sion.
to call the roll.
The V IC E -P R E SID E N T. The Senator from Montana re­
Mr. M cEN ER Y (when his name was called). I am paired
quests unanimous consent for the present consideration of the with the junior Senator from New York [Mr. D e p e w ].
3oint resolution (H . ,T Res. 247) relating to the celebration
.
Mr. O W E N (when has name was called). I transfer my pair
°f the one hundredth anniversary of the birth o f Abraham Lin- i with the Senator from Illinois [Mr. Hopkins] to the Senator
coin, and making the 12th day of February, 1909, a legal holiday, from North Carolina [Mr. Overman] and will vote. I vote
aud for other purposes. Is there objection?
“ nay.”
Mr. H A L E . If it gives rise to any debate I must object. The j
Mr. SCOTT (when his name was called). I have a general
donator from Illinois is very desirous of taking up an important j pair with the senior Senator from Florida [Mr. T a l ia fe r r o ], b u t
F ^ t y , and it was the understanding yesterday that we should ' as this vote does not appear to be on party lines, I will take the
^ k e it up this morning.
responsibility of voting. I vote “ yea.”
Mr. CULLOM. I gave notice yesterday that I would make j
The roll call was concluded.
jue motion this morning immediately after the morning business, j
The result was announced— yeas 40, nays 31, as follows:.
^supposed the morning business was completed when I made the ]
YEAS—40.
Action. Otherwise I would have deferred it.
Nixon
Hale
Cullom
Aldrich
CARTER. I f the joint resolution leads to any discus- ; Bacon
Page
Hemenway
Dick
Perkins
Ileyburn
Dillingham
'°u whatever, I will withdraw the request for unanimous con­ Beveridge
Rayner
Kean
Dolliver
sent.
Brandegee

Briggs

The V IC E -P R E SID E N T . Is there objection to the present ; Bulkeley
Burnham
“ ^deration of the joint resolution?
Burrows
N E W LANDS, Mr. President------Carter
E rL W E TM O R E. I should like to offer the following as a j Clark, Wyo.
si,
B
ll!>stltute—
V IC E -P R E SID E N T. Is there objection to the present j Bailey
Bankhead
usideration of the joint resolution?
Borah
Mr. B EVE R ID G E. Mr. President------Bourne
t. Mr. N E W L A N D S. Mr. President, I object to the substitu- ; Brown
JJJ1 of the joint resolution that was passed in the Senate the ; BurkettArk.
[Uarke,
jMier day for the joint resolution passed by the House un-1 Clay
Mf- CARTER. In view of the fact that it will lead to disI withdraw the request for unanimous consent.
. rue V I C E -P R E S I D E N T . The Senator from Montana withy
the request for unanimous consent. The joint resolube referred to the Committee on the Library.
j M r . W E TM O R E subsequently, from the Committee on the
2 ''Diry, to whom was referred the joint resolution (H . J. Res.
g ‘ ' relating to the celebration o f the one hundredth nnniver‘ y of the birth of Abraham Lincoln, and making the 12th day
f * ebruary, 3909, a legal holiday, and for other purposes,
*Ted it with an amendment.

|

EARTHQUAKE A SAN FRANCISCO C L.
T
, A

j

;
j

Vnkeny
Ilapp
>ane
lurtis
Daniel
Depew

du I'ont
Elkins
Flint
Frye
Gallinger
Gamble

Kittredge
Lodge
McCreary
M
cCumber
Money
Nelson
NAYS—31.
Gore
Guggenheim
Johnston
La Follette
Martin
Milton
Newlands

Culberson
Cummins
Davis
Dixon
Foster
Frazier
Fulton
Gary
■21.
NOT YO
McLaurin
Foraker
Overman.
Hansbrough
Penrose
Hopkins
Platt
Knox
Richardson
Long
Smith, M
d.
McEnery

Scott
Stephenson
Stone
Warner
Warren
Wetmore
Payntei*
Piles
Simmons
Taliaferro
Taylor
Teller
Tillman

Smith, Mich.
Smoot
Sutherland

and the Senate
So Mr. C ullom ’ s motion was agreed to ;
j
iroceeded to the consideration of executive business. After
j
our hours spent in executive session, the doors were reopen < ,
3
j
(a t 4 o’clock and So minutes Pthe Senate a d jo u rn ^
j
mtil to-morrow, Thursday, January 28, 1909, at U
ck
j
ueridian.

Z

NOMINATIONS.

P E R K IN S submitted the following resolution (S. Res. j Executive nominations received l y the Senate January 27,1909.
'• which wnannnoi.iouoii hti un*inimniis consent ~and agreed to : |
appraiser of M erchandise .
n u a c u u s i u t f i t'U v j u u u u iu iv u b
--------------------

arnUkil'ed* That the Secretary of War be, and hereby Is, requested to
ayi!sh the Senate with a cony of such consolidated report as he may
ip
the work of the army in connection with the San Francisco,
•* earthquake and Are of April, 1900.
IM VEM
PRO ENT O TIIE CO M R E , O E O .
F
LU BIA IV R R G N
Mr FULTON.

I submit a concurrent resolution, which I ask |

'J be read.
c o n c u r r e n t resolution ( S . C. Res. S I ) was read, as follow s:
.......... ......... 2
__A




fnhn D Pringle, of Pennsylvania, to be appraiser of merchan­
dise in the district of Pittsburg, in the State of Pennsylvania, in
place of Fred W . Edwards, resigned.
P romotions in the R evenue -C utter Service.
First Lieut, of Engineers W illits Pedrick to he senior engi­
neer in the Revenue-Cutter Service of the United States, to
rank as such from January 20, 1909, in place of Captain of
Engineers Charles Frederick Coffin, retired.
Second Lieut, of Engineers W illiam Crocket Myers to be
first lieutenant of engineers in the Revenue-Cutter Service of
the United States, to rank as such from January 26, 1909, in
place of First Lieut, of Engineers W illits Pedrick, promoted.




1464

CONGRESSIONAL RECORD— HOUSE.

Third Lieut of Engineers George Wilson Cairnes to be second
lieutenant of engineers in the Revenue-Cutter Service of the
United States, to rank as such from January 26, 1009, in place
of Second Lieut, of Engineers William Crocket Myers, promoted.
P romotions in th e N avy .
Lieut. Commander William W . Gilmer to be a commander in
the navy from the 7th day of January, 3909, vice Commander
James C. Gilimore, promoted.
Lieut. Ivan C. Wettengel to be a lieutenant-commander in the
navy from the 3d day of September, 1908, vice Lieut. Com­
mander Joseph Strauss, promoted.
Passed Asst. Surg. Charles St. J. Butler to be a surgeon
in the navy from the lltli day of December, 1908, vice Surg.
George Rothganger, retired.

E x e c u t i v e n o m in a tio n s confirmed b y the S e n a te J a n u a r y 27,1909.
of

State.

Robert Bacon, of New York, now Assistant Secretary of State,
to be Secretary of State.
A ssistant Secretary

of

HOUSE OF REPRESENTATIVES.
W

edn esd ay,

January 27,1909.

The House met at 32 o’clock noon.
Prayer was offered by Rev. George L. Perin, of Boston, Mass.
The Journal of the proceedings of yesterday was read and
a p p ro v e d .
committee on irrigation of arid lands.

Mr. REEDER. Mr. Speaker, I ask unanimous consent for
the consideration of the following resolution which I send to
the Clerk’s desk.
The Clerk read as follows:

House resolution 517.
That the Committee on Irrigation of Arid Lands shall have
authority to order such printing as may be necessary connected with
the business of said committee during this Congress.
R e s o lv e d .

CONFIRMATIONS.
Secretary

.January 27,

State.

John Calian O’Laughiin, of the District of Columbia, to be
Assistant Secretary of State.
R eceivers of P ublic Moneys.
Edwin G. Coleman, of Flandreau, S. Dak., to be receiver of
public moneys at Lemmon, S. Dak.
John E. Adams, of South Dakota, to be receiver of moneys at
Aberdeen, S. Dak.
R egisters of the Land Office.
Cyrus C. Carpenter, of Sisseton, S. Dak., to be register of the
land office at Lemmon, S. Dak.
John L. Lockhart, of Pierre, S, Dak., to be register of the land
office at Pierre, S. Dak.
P romotion in the N avy .
Chief Sailmaker Garrett Van Mater, U. S. Navy, to be a chief
sailmaker on the retired list, to rank with, but after, lieutenant
(junior grade).
Postmasters.
GEORGIA.
Leonora R. Allen to be postmaster at Villa Rica, Ga.
John R. Barclay to be postmaster at Rome, Ga.
Henry M. Bird to be postmaster at Coiner, Ga.
Benjamin L. Bryan to be postmaster at Union Point, Ga.
Mary P. Dixon to be postmaster at West Point, Ga.
Lewis It. Farmer to be postmaster at Louisville, Ga.
Martha E. Gorham to be postmaster at Crawfordville, Ga.
H. B. Lemcke to be postmaster at Darien, Ga.
Florence McAfee to be postmaster at Norcross, Ga.
Andrew D. McComb to be postmaster at Buena Vista, Ga.
Vivian McCurdy to be postmaster at Stone Mountain, Ga.
Mary C. McWhorter to be postmaster at Sylvester, Ga.
Henry M. Miller to be postmaster at Colquitt, Ga.
Howard A. Poer to be postmaster at Chipiey, Ga.
Walter M. Quinn to be postmaster at Whigham, Ga.
John W . Saunders to be postmaster at Unadilla, Ga.
Thomas M. Scoviil to be postmaster at Oglethorpe, Ga.
Pearl Williams to be postmaster at Greenville, Ga.
Clarence W. Withoft to be postmaster at Fort Valley, Ga.
MINNESOTA.
Peter J. Schwarg to be postmaster at Dodge Center, Minn.
NORTH DAKOTA.
Frank I. Bonesho to be postmaster at Mott, N. Dak.
Robert I. Sanerissig to be postmaster at MeClusky, N. Dak.
Walter A. Stafford to be postmaster at Velva, N. Dak.
OHIO.
Gomer C. Davis to be postmaster at Shawnee, Ohio.
Granville W. Springer to be postmaster at Crooksville, Ohio.

The SPEAKER. Is there objection?
Chair hears none.
The resolution was agreed to.

[After a pause.]

The

B ID E O E INDIAN R ER NORTH, FLO ID
R G VR
IV
R A.
Mr. CLARK of Florida. Mr. Speaker, I ask unanimous con­
sent for the present consideration of the bill (H. It. 26*073) t°
approve and ratify the construction of a bridge across the In­
dian River North, in the State of Florida, by the New Smyrna
Bridge and Investment Company.
The Clerk read the bill, as follows:
B e i t en a c te d , e tc ., That the construction by the New Smyrna B
rldg®
and Investment Company, a corporation organized under the laws oi
the State of Florida, of the bridge across the Indian Hirer North ir°n
!
the town of New Smyrna, on the west, to the land lying on the east o i
said river he. and the same is hereby, approved and ratified, subject t0
the provisions of existing laws, and particularly subject to the P1 "
-0
visions of the act entitled "An act to regulate the construction of bridge3
over navigable waters," approved M
arch 23, 1906.
Sec. 2. That the right to alter, amend, or repeal this act is hereW
expressly reserved.
Amend the title so as to read : “A hill to legalize a bridge aero®
3
Indian River North, in the State of Florida.”

The committee amendments were read as follows:

Strike out all after the enacting clause and Insert in lieu thereof the
following:
“ That the bridge constructed across Indian River North at the tow
®
of. New Smyrna. Fla., by the New Smyrna Bridge and Investment ( on
pany be, and the same is hereby, legalized, and the consent of.Congre*
is hereby given to its maintenance by the said corporation, its Sl*
cessors, or assigns: P r o v id e d , That nothing in this act shall be sofioo
,as, t0 “tempt this bridge from the operation of the existing
O
’
’T Congress for the protection of navigable waters and « .
changes in the said structure which the Secretary of W may dee®
ar
necessary and order in the interest of navigation shall be prom
pt'*
by the owners thereof at their own expense.
ovrv,.^Ei' reserved.” rigllt to alteri amend, or repeal this act Is here 1
<
rbat /!)e
expressly
1
Am the title so as to read as follows : “ To legalize a bridge across
end
Indian River North, in the State of Florida.”
The committee amendments were agreed to.
The bill was ordered to be engrossed and read a third time,
was read the third time, and passed.
The title was amended.
INAUGURAL CEREM
ONIES.
rh e SPEAKER. The Chair lays before the House Sein'd®
l
joint resolution 306, authorizing the granting of permits durin®
inaugural ceremonies on the occasion of the inauguration of th®
President-elect, March 4,3909, and so forth. Without objection,
a similar bill having already passed the House, this bill will im
on the table.
There was no objection.
THE SPEECH O MB. WILLETT.
F
Mr. MANN. Mr. Speaker, I rise to present a privileged rose*
iution and report, by direction of the select committee n r
pointed under House resolution 494, aud I ask that the C >rK
'K
may read.
1 lie SPEAKER. The Clerk will read.
The Clerk read as follows:

TEXAS.
J. W. Boynton to he postmaster at Anson, Tex.
Richard L. Coleman to be postmaster at Rusk, Tex.
Charles M. Differ to be postmaster at Alto, Tex.
Arthur E. Foster to be postmaster at Venus, Tex.
William A. Little to be postmaster at Karnes City, Tex.
D. II. McCoy to be postmaster at Daingerfield, Tex.
Charles Real to be postmaster at Kerrville, Tex.
A irgil A. Smith to be postmaster at Kenedy, Tex.

reads as foffi>ws” mlUee api>olnted un(ler House resolution
“W
hereas the speech of M W
r. illett, printed In the C o n g e essio
fbni n? U JnHU
ia
firy
V ®
*?9, ontains language improper and in '
tion of he priviiege of debate: ThereforeV it
fhA'rfmo k
comphttee of five M
embers be appointed to
w ini « ietnaiks aforesaid and report to the House within ten d“’
beg leave to respectfully report aa followsYour committee invited M Wrr.i.u: r to submit in writing j
r.
he desired to make In the premises, and his statement
herewith appended as Exhibit A.

1909.

CONGRESSIONAL RECORD— SENATE.

items: that is, the hill of the Senator from Ohio [Mr. F orakeb ],
the bill of the Senator from Missouri [Mr. W arner ], and the
report that is on the calendar recommending the passage of
some bill of relief. It is proposed to close out the entire matter.
Mr. A L D R IC H . It is to close out the entire matter. The
Senator from Wyoming is correct. This is intended as a substi­
tute for all pending Brownsville legislation.
Mr. CU LBERSON. Mr. President, if I mistake not, the pur­
pose of the Senator from Ohio in calling the matter up at this
time is merely to give an opportunity for the presentation of
a substitute, and is not to make it the order of business or any­
thing of that kind so far as the present occasion is concerned.
Mr. FO RAKEK. N o ; not at this time. I shall ask in a mo­
ment for an agreement to vote upon a day to follow.
Mr. A LD R IC H . I ask that the substitute which I send to
the desk may be read.
The VIC E-PR E SID EN T. The Secretary will read the sub­
stitute offered by the Senator from Rhode Island.
The Secretary. It is proposed to strike out all after the en­
acting clause of Senate bill .5729 and to insert:

That the Secretary of War is hereby authorized to appoint a court of
Inquiry to consist of five officers of the United States Army, not below
the rank of colonel, which court shall he authorized to hear and report
upon all charges and testimony relating to the shooting affray which
took place at Brownsville, 'Tex., on the night of August 13-14. 1906.
Said court shall within one y e a r from the date of its appointment make
a Anal report and from time to time shall make partial reports to the
Secretary of War of the results of such inquiry, and such soldiers and
noncommissioned officers of Companies B, 0. and D of the Twentyfifth Itedment U. S. Infantrv, who were discharged from the mili­
tary service as members of said regiment under the provisions of Special
Order No 266, dated at the War Department the 9th day of November,
1906, as said court shall find and report as qualified for reenlistment in
the Army of the United States shall thereby become eligible for reenlistment.
SB . 2. Any noncommissioned officer or private who shall be made
C
eligible for reenlistnient under the provisions of the preceding section
shall, if reenlisted, be considered to have reenlisted immediately after
his discharge under the provisions of the special order hereinbefore cited,
and to be entitled, from the date of his discharge under said special
order, to the pay, allowances, and other rights and benefits that he would
have been entitled to roccivb according to his rank from said date of
discharge as if lie had been honorably discharged under the provisions
of said special order and had reenlisted immediately.
Mr. FO R A K E R . While that does not agree with my views as
Perfectly as I should have been glad to have them met by the
Proposed legislation, yet, in so far as I have power to do so, I
accept the amendment. If there is any objection to my accept­
ing the amendment, I will ask that a vote be taken and that it
bfily be substituted for the bill introduced by me and all other
dills on the subject.
Mr. M cL AU R IN . Mr. President------V IC E -P R E SID E N T. Does the Senator from Ohio yield
to tjie Senator from Mississippi?
Mr. F O R AK ER . Certainly.
Mr. M cLAURIN . I should like to make a parliamentary inTtiry. i f this is accepted as substitute for all the other hills,

The

"ill it then be susceptible of amendment?
Mr. FO RAKER. Certainly. A s I understand,

it can be
ten d ed .
T Mr. CU LBERSON. Mr. President, the Senator from Ohio, as
1 understand, accepts the proposed substitute so far as the meas!lr(- Presented by him is concerned, but I have not heard fro:
majority of the committee.
Mr. W A R N E R . Mr. President------t The VIC E -P R E SID E N T. Does the Senator from Ohio yield
0 the Senator from Missouri?
Mr. FO RAKER. Certainly.
s Mr. W A R N E R . As partially answering the inquiry of the
jUn*tor from Texas, I will say that I fully accept the amendy ent as a substitute for the bill I introduced as having in view
, *9mo purpose.
Die V IC E-PR E SID EN T. The Chair understands the parlia­
mentary situation to be th is: The proposed substitute is ofby the Senator from Rhode Island [Mr. A ldrich ] to one
mil. and that is the bill reported by tbe Senator from Ohio
[Mr. F orakerI, being Senate bill. 5729. I f the amendment shall
^ adopted by tin' VnnoiA the nthpr bills on the same subject
Qdnnfoii 1- r h . m Senate, tlw other
1w
*
be subsequently indefinitely postponed.
Mr- O ALLIXO ER . That is correct.
'Jr. Wa r r e n . That is the parliamentary status.
M Al d r ic h . That is a correct statement.
l
*'Ir, W AR N E R . Lot It be understood, however, that the
. Iu,“
hdinent presented by the Senator from Rhode Island is to
‘ /msidernl a substitute for all pending legislation.
Die VIC E-PR E SID EN T. The Chair so understands, but the
Dlios^i substitute will be considered only in connection with
.ill reported by tbe Senator from Ohio [Mr. F obakeb].
thr
W a r r e n . I think there is no misunderstanding about
matter. My question o f the Senator from Rhode Island was




1579

merely to get at the essentials and find what the ultimate result
was to be. The Cbair ruled properly, of course.
The VIC E -P R E SID E N T. Without objection, the substitute
will stand in lieu of Senate bill 5729, reported by the Senator
from Ohio, and the bill (S. 6206) for tbe relief o f certain for­
mer members of the Twenty-fifth Regiment of U. S. Infantry,
without objection, will be indefinitely postponed.
Mr. FO R AK ER . Now that tbe bill lias been amended by the
adoption of the substitute, I want to inquire whether or not we
can not agree upon a date when we can take a vote on the sub­
stitute for the bill. I will ask, Mr. President, in tbe absence of
suggestions, that we take a vote next Monday, I will say, at 4
o'clock in the afternoon.
Mr. CULBERSON. Mr. President, I have not been able to be
in tbe Chamber much to-day on account of service on a sub­
committee o f the Committee on the Judiciary, but I suggest to
the Senator from Ohio that my information is that at least sev­
eral Senators on this side of the Chamber desire to speak on
this subject, and I do not think any agreement to vote at any
particular date can be entertained at this time. This bill, of
course, lias not yet been taken up by tbe Senate, and, as I under­
stood, was called up merely for the purpose of this substitu­
tion.
Mr. FO R AK ER . Mr. President, I was hoping that we might
be able to agree upon an early date when a vote could be taken,
and that I would not have to make a motion to proceed to the
consideration of the bill in the ordinary way, but, o f course, un­
less we can agree, I shall renew the notice I have heretofore
given that I will make that kind of a motion, and I will suggest
that next Monday, after the routine morning business, I shall
move to proceed to the consideration of the bill.
Mr. M cLAURIN . Mr. President------Mr. FO R AK ER . Upon the suggestion of Senators about me,
if tbe Senator from Mississippi will bear with me a moment, in
order to accommodate everybody, I suggest that \ye vote on this
bill at 4 o’clock next Wednesday. That will, I think, give every
Senator time to speak who desires to be heard.
Mr. M cLA U R IN . Mr. President, if the Senator will allow me
to make a suggestion, the substitute presents an entirely new
phase o f this matter. The substitute has not been printed. It
is true some few of us have seen a draft or copy of the substi­
tute, but it lias not been printed, and there has been no oppor­
tunity for us to examine it. It is almost the same as if there
were a new bill introduced. It seems to me that there ought
not to be any request for a vote at any time until we have had
an opportunity, after this substitute shall have been printed, to
examine it.
.
Mr. F O R AK ER . The Senator would not be able, I imagine
from his remarks, to agree to any date this afternoon.
Mr. M cLA U R IN . No, sir; not this afternoon.
Mr. FO R AK ER . Then I will give notice that on Monday
morning I shall call up the bill. I f we can agree upon a date
when we can vote, I can ascertain that on Monday morning;
and if we can not agree, I shall then make a motion to proceed
to the consideration of the bill.
HOMESTEAD ENTRIES IN OKLAHOMA.
Mr O W EN . I am directed by the Committee on Indian A f­
fairs,’ to whom was referred the bill (S. 8510) to extend the
time of payments on certain homestead entries in Oklahoma, to
report it with an amendment. It is a local bill extending tbe time
for the payment on certain purchases of land in Oklahoma. It
has the approval of the Interior Department, and I ask for its
immediate consideration, as the time will expire on the 1st ot
February, only a few days off.
_
There being no objection, tbe Senate, as in Committee of tbe
Whole, proceeded to consider the bill, which had been repoited
from the Committee on Indian Affairs with an amendment to
add to the bill tbe following:

That the Secretary of the Interior is hereby authorized, in his discre­
tion to extend the time of payments to the purchasers and their assigns
applying therefor upon the lots sold, or to be sold, m pursuance of an
net entitled "An act providing for the platting and selling of the south
half of section 30, township 2 north, range 11 west of the Indian
meridian, in the State of Oklahoma, for town-site purposes,” approved
M
arch 27 1908, and the Secretary of the Interior is authorized to per­
mit the unpaid purchase money for such lots to be paid in such install­
ments and at such times as lie may deem proper: P r o v i d e d , h o w e v e r ,
That «aid purchasers or their assigns shall be required to pay interest
on all such deferred payments sufficient to pay the Kiowa, Comanche,
ind \pacbe Indians 4 per cent interest on the payments so deferred, and
t0 pay the local authorities entitled to receive the same the equivalent
of the state, county, city, and school tax at the legal rate, upon such
valuation as tiie Secretary of the Interior may determine, and to which
the lots would be liable if patented, such extension of time not to exceed
four years from the date of the approval of this act: P r o v i d e d f u r t h e r ,
That’not exceeding one-lialf of the amount which may be set aside by
the Secretary of the Interior, under the act above referred to. for the
construction of two school buildings may be applied by the Secretary
of the Interior to such other improvements as lie may deem for the
public welfare.




1580

CONGRESSIONAL RECORD— SENATE.
r

Sec. 2. That the extension provided for in section 1 of this act shall'
not apply to the following-numbered lots in the official plat: Lots 4 to
14, inclusive, in block 5; lot 7 in block 9, lot 12 in block 10. lot 4 in
block 12, lot 12 in block 13, lot 9 in block 14. lot 9 in block 19; lots
1, lb, and 11 in block 20; lot 5 in block 21, lot 11 in block 24,
lots 8 and 16 in block 27, lot 10 in block 29, lots 9 and 10 in block
30; lots 8, 9, and 10 in block 32; lot 5 in block 33, lots 3 and 8 in
block 34. lots 3 and 12 in block 33 ; lots 2. 3, and 4 in block 36; lots
6 and 7 in block 37, lot C in block 38, lot 13 in block 39, lot 9 in block
40; lots 2. 3, and 11 in block 42; lots 1 and 2 in block -44, lot 12 in
block 44; lots 4, 11, 12, 13. and 16 in block 45; lot 8 in block 46; lots
4, 5, 7. and 13 in block 47; lots 9, 10, and 11 in block 50; lot 9 in
block 51; lots 3 to 7, inclusive, in block 53; lot 9 in block 54; lots 9,
10, and 12 in block 5 7 ; lots 1, 2, 3, 9, and 16 In block 58; lots 2 and 3
in block 59, lot 9 in block 6 0 ; lots 1. 4, 5, 6, and 7 in block 61: lot 15
In block 66, lot 4 in block 2 ; lot 15 in block 3 8 ; lot 2 in block 61.
Tlie amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to he engrossed for a third reading, read
the third time, and passed.
LAWSON M. FULLER.
Mr. WARREN. I ask unanimous consent for the present con­
sideration of the bill (H. R. 5461) for the relief of Lawson M.
Fuller, major, Ordnance Department, United States Army.
The Secretary read the bill; and there being no objection,
the Senate, as in Committee of the Whole, proceeded to its
consideration. It proposes to reimburse Maj. Lawson M. Fuller,
Ordnance Department, United States Army, for loss incurred
by him of his personal effects during their transportation on
board the U. S. chartered transport Morgan City to the Philip­
pine Islands, by paying to him a sum equal to the loss so sus­
tained by him.
Mr. KEAN. I inquire is there not any amount stated in the
bill?
Mr. WARREN. Yes; not to exceed $1,325.
The bill was reported to tlie Senate without amendment, or­
dered to a third reading, read the third time, and passed.
INDIAN SCHOOL AT FORT LEWIS, COLO.
Mr. GUGGENHEIM. I ask unanimous consent for the pres­
ent consideration of the bill (S. 8223) turning over the Indian
school at Fort Lewis, Colo., to the State of Colorado for school
purposes.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill.
Mr. GALLINGER. I should like to ask the Senator from
Colorado what is the area of the land that the Government is
going to give to the State? Does he know?
Mr. GUGGENHEIM. I think it is 200 acres. However, I
am not sure of the fact.
Mr. GALLINGER. That is not very much. I was afraid it
might be 2,000. I will not object to the bill.
The bill was reported to the Senate without amendment, or­
dered to be engrossed for a third reading, read the third time,
and passed.
ROMAN CATHOLIC CHURCH IN PORTO RICO.

J anuary 29,

properties, and the said properties to belong exclusively to the United
States: P r o v id e d fu r th e r , That upon the acceptance of this sum the
Roman Catholic Church shall relinquish all claims of anv kind whatso­
ever against the United States arising in Porto Rico prior to the ap­
proval of this act.
, n view of the following report of M Robert Bacon. Assistant Sec­
I
r.
retary or State, and M Frank McIntyre, relative to their mission to
aj.
*orto Rico to adjust the questions pending between the people of the
insular government and the Roman Catholic Church, It is recommended
that the bill do pass without amendment:
[House Doc. No. 1204, O tli Cong., 2d sess.]
O
T he W h it e H ouse ,
W a s h in g to n , D e c e m b e r V ,, 1008.
T o th e S e n a te an d H o u s e o f R e p r e s e n t a ti v e s :

I transmit herewith a report from M Robert Bacon. Assistant
r.
Secretary of State, and M Frank McIntyre, U. S. Armv, of their
aj.
mission to iorto Rico, under m oral instructions, to meet with repre*
y
sentatives of the insular government of Porto Rico and of the Roman
( atiiouc Church in that island, with a view to reaching some equitable
settlement or the questions pending between that church, on the one
hand, and the United States and the people of Porto Rico, on the
other.
The nature of these questions and the conditions of the controversy
at the time of the meeting of the commission at San Juan are fullv
and clearly stated in the report, as is the basis for an equitable ana
complete settlement of all the questions in controversy unanimoiislv
agreed on by the members of the commission in a memorandum signed
on August 12, 1908.
It will be seen that under the terms of this memorandum the United
States is to pay to the Roman Catholic Church in Porto Rico th e sum
of $ 1 2 0 ,0 0 0 in full settlement of a ll claims of every nature w h a ts o e v e r
relative to the properties claimed by the church which are n o w in the
possession of the United States and which are defined in the report.
The properties specifically in question form part of the land reserved
for military purposes in San Juan and are now occupied by United States
troops. I am informed that they are well suited to such purposes and
that, to provide for the garrison of San Juan elsewhere would require
the expenditure of many times the sum involved in the proposed settle­
ment.
This basis of agreement has received my entire approval, and I trust
that the Congress will see the great importance of the matter and will
at its present session pass such legislation as is necessary to give the
basis of the agreement effect on the part of the United States.
The legislative assembly of Porto Rico has already, by a joint reso­
lution approved September 16, 1 9 0 8 , ratified th e basis' of a g re e m e n t
recommended by the commissioners in so far as it affects that govern­
ment and enacted the necessary legislation to make it effective.
T heodore R oosevelt .
D epartm ent

op S tate ,
W a s h in g t o n , S e p te m b e r 22, 1908.

M President: In compliance with your oral instructions to m
r.
eet
with representatives of the insular government of Porto Rico and of
the Roman Catholic Church in that island, and come to some equitable
agreement which might form the basis of a final settlement of the
questions pending between that church on the one hand and the United
States and the people of Porto Rico on the other, we have the honor
to submit the following report:
In the transfer of sovereignty of territorv from Spain, where the
church and state were closely united, to the United States, where sneb
union was incompatible with the institutions and laws of the country,
many questions arose as to the ownership of properties held by the
Roman Catholic Church, as well as to other properties held by the
Government but claimed by the church.
.v,in l 4 d^er cases where the United States, ns distinguished fronj
^a
the municipalities and insular governments, has been a party to these
questions, the settlement has been made amicably without reference t
^ferring to this, the Supreme Court, in the case of toe
Municipality of Ponce, appellant, r. The Roman Catholic Apostolic
•VS n torto Rico, in its decision of June 1, 1908, savs;
S ir
..
Th. Properties of the church In Cuba and the Philippines at the
e
time of the ratification of the treaty were far more considerable than
tnose In I orto Rico. And the controversies or questions arising as ,
^.Properties have been quite generally adjusted, in both Cuba ana
the Philippines, partly with and partly without recourse to the courts.
Cnba, a commission was appointed to consider the whole questio *
and its report contains much interesting and pertinent informatiop- M
begins with tlie fundamental proposition that, ‘ The church, as a Jurl. *
a'
C , PejS n
1
.®
O;
held and holds tne right to acquire, possess, or transf
all kinds of properties. The church has never been denied this right .
Spain .rather, on the contrary, in alt the provisions covering these
ters this right has been recognised in the church ’ (S. Rent. 297 ., o*11
1
Cong., 2d sess., p. 12.)
h
.asi" was concluded a satisfactory a d j u s t m e n t of
the d iffic u lt problem incident to the transfer of s o v e r e ig n ty fro®
regime of union of church and state to the American system of co2 pl«te
separation.
"Even greater difficulties were settled in the Philippines, and. the

Mr. FORAKER. I ask unanimous consent for the consider­
ation of the bill (S. 8601) to provide for the payment of claims
of the Roman Catholic Church in Porto Rico.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill. It proposes to appropri­
ate $120,000, to be paid to the bishop of Porto Rico, as the repre­
sentative (and trustee) of the Roman Catholic Church in that
island, to be used exclusively for the benefit of the Roman
Catholic Church in Porto Itico, in full satisfaction of all claims
of every nature whatsoever relative to the properties claimed
by the Roman Catholic Church in Porto Itico now in possession
of the United States.
Mr. KEAN. I ask that the report be published in the
R ecord.
1
1 £°Tfrn,mcn1 never suggested that the church was without
The VICE-PRESIDENT. Without objection, it is so ordered. ihnV h , w tC 5 t0 IX S S or Protect property rights. The suggestion
l '
)S C,S
that it did not possess a license from the local authorities ‘ to do bus*
The report referred to is as follows:

The Committee on Pacific Islands and Porto Rico has had under
consideration the following bill:
[S. S601, 60th Cong., 2d sess.]
A bill to provide for the payment of claims of the Roman Catholic
Church in Porto Rico.
B e it en a c te d , e tc ., That there is hereby appropriated, out of any
moneys in the Treasury not otherwise appropriated, the sum of $120,000,
the same to be paid to the bishop of Porto Rico, as the representative
(and trustee) of the Roman Catholic Church in that island, to be used
exclusively for the benefit of tlie Roman Catholic Church in Porto
Rico and that the acceptance of said sum, paid under the provisions
of this act, shall be in full satisfaction of all claims of every nature
whatsoever relative_ to the properties claimed by the Roman Catholic
Church in Porto Rico which are now in the possession of the United
States, to wit. the building known as the “ Santo Domingo Barracks "
and the land pertaining thereto, and the site of the building formerly
known as the " Rallaja Barracks,” now known as the "infantry barJ?e
."8V **58! Properties in the city of San Juan, Porto Rico; the Rom
an
uattioiic Church to relinquish all rights and actions regarding said

nef,s was never put forward.
.
«f„*r,hether the?e, ecclesiastical properties originally came from ^
op,a?y subdivision thereof, they were donated to. at once'*
came, and have ever since remained the property and in the peace1
possession of the Rom Catholic Church.”
an

W
hile the property of the Roman Catholic Church in Porto
had, as compared to Cuba and the Philippines, never been consider*
hie, yet there arose In that island, with respect thereto, several »
n
volved questions.
,
Questions as to title to the churches and temples in the
m
possession of the church at the time of the withdrawal of Spain fro“
the island are settled by the decision in the case of the Munioipal‘7
of I once v . The Hom Catholic Church, above referred to, in * .
an
the Supreme Court held that the ownership of such property was
remained in the church, notwithstanding the fact that the moniciP^'
ties may have furnished some of the funds for building or
the churches Other questions in Porto Rico remained unsettled,
after several years spent in efforts to have these controversk; ■ f
justed as they had been adjusted in Cuba and as somewhat S ,)T
l
questions have recently been adjusted In the Philippine Islam-’ negotiations outside of the courts, the church brought suit ag8',1
>

CONGRESSIONAL RECORD— SENATE.

1909.

praisement of unsold lots in. town sites on reclamation projects,
and for other purposes.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill, which had been reported
from the Committee on Irrigation with an amendment, on page
1, line 4, after the word “ necessary,” to insert “ at any time
after two years from date o f former appraisement,” so as to
read:

That the Secretary of the Interior is hereby authorized whenever he
n'ay deem it necessary, at any time after two years from date of former
appraisement, to reappraise all unsold lots within town sites on projects
under the reclamation act heretofore or hereafter appraised under the
Provisions of the act approved April 16, 1906, entitled *An act provid­
ing for the withdrawal from public entry of lands needed for townsite purposes in connection with irrigation projects under the reclama­
tion act of June 17, 1902. and for other purposes,’’ and the act ap­
proved .Tune 27, 1906, entitled “An act providing for the subdivision o
hinds entered under the reclamation act, and for other purposes ; ana
thereafter to proceed with the sale of such town lots in accordance
"4th said acts.

1583

PUBLIC BUILDING AT E W O , IND.
L OD
Mr. H E M E N W A Y . I ask unanimous consent for the consid­
eration of the bill (S. 7742) to increase the limit of cost for
purchase of site and erection of a post-office building at Elwood,
Ind.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill. It proposes that the limit
of cost fixed by the act of Congress for the purchase of site and
erection of a post-office building at Elwood, Ind., be extended
from $50,000 to $75,000.
The bill was reported to the Senate without amendment, or­
dered to be engrossed for a third reading, read the third time,
and passed.
FORT PECK INDIAN RESERVATION, MONT.

Mr. D IX O N . I ask unanimous consent for the considera­
tion of the bill (S. 8273) to amend an act approved May 30,
190S, entitled “An act for the survey and allotment of lands
now embraced within the limits of the Fort Peck Indian Reser­
The amendment was agreed to.
vation, in the State o f Montana, and the sale and disposal of
The bill was reported to the Senate as amended, and the all the surplus lands after allotment.”
amendment was concurred in.
There being no objection, the Senate, as in Committee of the
The bill was ordered to be engrossed for a third reading, read Whole, proceeded to consider the bill. It proposes to amend
the third time, and passed.
|section 17 o f the act referred to so as to rea d :
Sec. 17. That the lands allotted, those retained or reserved, and
dismissing officer for government insane hospital.

Mr. G A LLIN G E R . I ask unanimous consent for the present
consideration of the bill (H . It. 12899) to provide for a disburs­
e s officer for the Government Hospital for the Insane.
'There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill.
. The bill was reported to the Senate without amendment, orflered to a third reading, read the third time, and passed.
ALCOHOLIC COMPOUNDS FROM PORTO RICO.

the surplus lands sold or otherwise disposed of shall he subject for a
period of twenty-five years to all the laws of the United States pro| Whiting the introduction of intoxicants into the Indian country,
I and that the Indian allottees, whether under the care of an Indian
- n^ent or not, shall for a like period be subject to all the laws of the
! United States prohibiting the sale or other disposition of intoxicants
to Indians.
The bill was reported to the Senate without amendment,
ordered to be engrossed for a third reading, read the third time,
and passed.

FRANCES F. C E ELA D AND M
LV N
ARY L R H
O D ARRISON.

. ^ r . K E A N . I ask unanimous consent for the present con­
Mr. CARTER. I ask unanimous consent for the present conju r a tio n of the bill (H , R. 22884) to impose a tax upon alcoir'Sc compounds coming from Porto Rico, and for other pur­ j sideration of the bill (H . R. 25019) granting a franking privi! lege to Frances F. Cleveland and Mary Lord Harrison.
poses.
There being no objection, the Senate, as in Committee of the
There being no objection, the Senate, as in Committee of the
'hole, proceeded to consider the bill. It proposes that upon I Whole, proceeded to consider the bill.
The bill was reported to the Senate without amendment,
rum, or any article containing alcohol, hereafter brought
r°m Porto Rico into the United States for consumption or sale ordered to a third reading, read the third time, and passed.
•
to shall be paid a tax on the spirits contained therein of $1,10

SOLOMON M. BENNETT.

r Proof gallon.
bill was reported to tlie Senate without amendment, ored to a third reading, read the third time, and passed.

Mr. SCOTT. I ask unanimous consent for the present con­
sideration o f the bill (S. 5756) to remove the charge of deser­
tion from the military record of Solomon M. Bennett.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill. It directs the Secretary
of W ar to remove the charge of desertion from the military
record of Solomon M. Bennett, late of Company C, Third W est
Virginia Cavalry, and to grant him an honorable discharge.
The bill was reported to the Senate without amendment, or­
dered to be engrossed for a third reading, read the third time,
and passed.

BLAINE AND SUMAS, WASH.

si(ur'
I ask unanimous consent for the immediate con­
flict
o f the bill (S. 7802) to extend the privileges of the
a, ‘ jooiion of the act of June 1 0 , 1S80, to the subports o f Blaine
ta ,.. hnias, in the State of Washington, and allowing the Secrel ;
the Treasury to iix the compensation of the deputy col-.? rs &t Seattle and Tacoma.
^ . j l(ire being no objection, the Senate, as in Committee of the
IMPROVEMENT OF LAKE MICHIGAN.
proceeded to consider the bill.
Mr. SMITH of Michigan. I desire to call up Senate concuriw 10 1 1 was reported to the Senate without amendment, or)1 1
I rent resolution 02.
aim t0 bG engrossed for a third reading, read the third time,
The VIC E -P R E SID E N T laid before the Senate the concurrent
a Passed.
resolution submitted by Mr. S mith of Michigan on the 7th in­
SAMUEL W. CAMPBELL.
stant, which was considered by unanimous consent and agreed
i J Ir- CLAPP, x desire to call up, by unanimous consent, for , to, as follow s:
R e s o lv e d b y th e S e n a te ( th e H o u s e v f R e p r e s e n ta tiv e s c o n c u r r in g ),
w KHhate consideration the bill (S. 7971) for the relief of
That the Secretary of W be, and he is hereby, authorized and directed
ar
^
W . Campbell.
to cause a survey to be made on the shores and waters of Lake Michigan
tVj, *re being no objection, the Senate, as in Committee of the at Ueland. Leelanau County, Mich., with a view to determining the ad­
Prht,?’ ,Proceeded to consider the bill. It proposes to appro- vantage best location, and probable cost of a breakwater to form a
Ijwjj
^ie sum of $690 to the credit of Samuel W . Campbell. harbor of refuge at that point, and submit a plan and estimate for such
improvements.
nl0i;;IQ agent at Lapointe Indian Agency, W is., on account of
PUBLIC BUILDING AT BOISE, IDAHO.
Th,‘ J pai<1 by him to Delia M. Rabideau for clerical services.
Mr. H E YB U R N . I ask unanimous consent for the consid­
rtHary o f the Interior is authorized to make such payeration o f the bill (S. 4090) to provide for the acquiring of ad­
ditional ground and for the enlarging of the government build­
$ J .b 1)111 was reported to the Senate without amendment, or<s
an,i , to 1)0 engrossed for a third reading, read the third time, ing at Boise, Idaho.
There being no objection, the Senate, as in Committee of the
,u P a s s e d .
Whole, proceeded to consider the bill, which had been reported
L. D W A
. Y TT.
from the Committee on Public Buildings and Grounds with an
Mr.
bilfVr^ClINSTON. I ask for the present consideration of the amendment, in line 6, before the word “ thousand,” to strike out
j “ fifty ” and insert “ twenty-five,” so as to make the bill read:
!>.. *•
3388) for the relief of L. B. Wyatt.

* »55.60, in f Un compensation for fumigating the mails
’
v - rln« ..
mi
Tollow-fcver epidemic between September 22 and

ArjV
(

. The
acred

B e i t e n a c t e d , e t c . , That the Secretary of the Treasury be, and he is
herehv. authorized and directed to pay, out of any money in the Treas' urv not otherwise appropriated, the sum of ,$125,000, for the purpose
of‘acquiring, by purchase, condemnation, or otherwise, additional land
■ d erounds for the extension of and for the enlargement of the govin
| eminent building at Boise, Idaho.

The amendment was agreed to.
Ti, 1S88, made under proper authority.
Tlie bill was reported to the Senate as amended, and the
" n s reported to the Senate without amendment, orI amendment was concurred in.
0 a third reading, read the third time, and passed.







1584

CONGRESSIONAL RECORD— SENATE.

The bill was ordered to be engrossed for a third reading, read
tlie third time, and passed.
AUGUSTUS BANNIGAN.

Mr. KEAN. There is a small bill on the calendar, involving
only $414, which I should like to call up. It is the bill (H. I!.
16191) to refund certain moneys paid into the Treasury of the
United States through mistake by Augustus Bannigan.
By unanimous consent, the Senate, as in Committee of the
Whole, proceeded to consider the bill. It proposes to repay
Augustus Bannigan $414, paid into the Treasury of the United
States by mistake by him.
The bill was reported to the Senate without amendment,
ordered to a third reading, read the third time, and passed.
MONUMENT TO BRIG. GEN. JAMES SHIELDS.

Mr. CURTIS. I ask unanimous consent for the immediate
consideration of the bill (S. 6554) for the erection of a monu­
ment to the memory of Brig. Gen. James Shields in St. Mary’s
Cemetery, Carrollton, Mo.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill, which had been reported
from the Committee on the Library with an amendment, to
strike out all after the enacting clause and insert:

That the Secretary of liar he, and he is hereby, authorized and
directed to cause a suitable monument to he erected over the grave of
Brig G .T es Shields in St M
en. am
ary’s Cemetery, at Carrollton, M
o..
and for this purpose the sum of $3,000, or so much thereof as m be
av
necessary, is hereby appropriated out of any money in the Treasury
not otherwise appropriated.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
The title was amended so as to read: “A bill for the erection
of a monument over the grave of Brig. Gen. James Shields in
St. Mary's Cemetery, Carrollton, Mo.”
LIGHT-HOUSE SERVICE ON HAWAIIAN COASTS.

J a n u a r y 29,

Mr. FULTON. I offer the amendment which I send to the
desk.
The VICE-PRESIDENT. The amendment \jMl bo stated.
The Secretary. After the amendment just agreed to, insert
the following:

That the sum of $12,315.27, or so much thereof as m he necessary,
ay
he, and the same Is hereby, appropriated, out of any m
oney in the Treas­
ury not otherwise appropriated, to pay, upon the presentation of satis­
factory evidence in each instance, the claims arising out of the collision
between the U. S. S. M
ayflower and the schooner M
enawa in Long
Island Sound on July 22, 1908, the same being in full for and the
receipt of the sums to be taken and accepted in each case as a full and
final discharge of the respective claims.
The amendment was agreed to.
The bill was reported to tbe Senate as amended, and the
amendments were concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
CORWIN M. HOLT.

Mr. WARREN. I ask for the present consideration of the
hill (H. R. 4931) to correct the military record of Corwin MHolt.
The Secretary read the bill; and there being no objection, the
Senate, as in Committee of the Whole, proceeded to its consid­
eration.
The bill was reported from the Committee on Military Af­
fairs with an amendment, in line 9. after the words “ eighteen
hundred and sixty-five ” to insert the following proviso:
Provided, That no pay, bounty, or other emolument shall becom <*
e he
or payable by virtue of the passage of this act.

So as to make the bill read:

That the Secretary of W be. and he Is hereby,
ar
authorized and directed to rem the charge of being absent without
ove
authority now standing on the rolls of the army against the nam of
e
Corwin M Holt, late a first lieutenant of Company It, O hundred an(*
.
ne
third Regiment Ohio Volunteer Infantn. and grant him an honorable
discharge as of M 1, 1865: P r o v id e d , That no nav. bountv or other
ay
emolument shall becom due or payable by virtue of the passage of m
e
is
He it en a cted , e tc ..

Mr. FORAKBR. I ask unanimous consent for the prosenl
The amendment was agreed to.
consideration of the hill (II. R. 6145) to refund to the Territory
The bill was reported to the Senate as amended, and the
of Hawaii the amount expended in maintaining light house
service on its coasts from the time of the organization of the amendment was concurred in.
The amendment was ordered to be engrossed and the bill to
Territory until said light-house service was taken over by the
be read a third time.
Federal Government.
The bill was read the third time and passed.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill. It proposes to appropri­
WILLIAM J. SCOTT.
V
ate $23,393.69, to be paid to the Territory of Hawaii to reim­
Mr. OWEN. I am directed by the Committee on India0
burse it for money paid, laid out, and expended by it in main­
taining light-houses, bell buoys, and light-house service on its Affairs, to whom was referred the bill (S. 8839) for tbe re­
coasts from the time the Territory became territory of the moval of restrictions from the third selection or allotment o1
United States until such aids to navigation were transferred to lands selected by William J. Scott, a minor member of t°e
and taken under the management and control of the Light-House Osage tribe of Indians, and for other purposes, to report it with"
out amendment, and I submit a report (No. 88S) thereon- 1
Board.
r
lhe bill was reported to the Senate without amendment, or­ ask for the present consideration of the hill.
-w -Mr. KEAN. I do not know that I object to the bill, but *
.
dered to a third reading, read the third time, and passed.
I think it ought to be explained,
,
CLAIMS UNDER THE NAVY DEPARTMENT.
I will explain it.
particular land lieS
Mr v h t t o v
T
,
•
T " ' ---------M r- O W E N ,
i w in explain tt. This p articular land i " '" . ^
consent tor the present con- the junction of two railways and is intended for a town site. * «
sH,■
ration t f t S B ]
“
T
“ T ( ‘“ A ™ * * 0” « * * ? n,S * » t »
1 i nt*n<te» for a towB *<f*
Din (&. 4UA1) to satisfy certain claims against I Is recommended by the Interior Department atul would do
the Government
thc
DePartinent.
harm to the minor if he were not permitted to take advantage
There being no
> (injection, the senate, as in Committee of the of the opportunity. The town otherwise would go elsewhere.
the~-bTir . .
................ Mr- K & N ~ ~ B a t I£e ‘t m n
V V ie r e « * Is theie a prowsion in. the bill for the May- railroad is.
.
. . .
r Mr. OWEN. It would occupy other land, being only a sum1 J
1
Mr. I I LION. There is no provision in the bill for the May
town possibly, and this minor would lose the opportunity^
flower claims. I did not wish to take up the time in offering i
Mr. ... ....... * do not object W the fill, but 1 D V iu *
KEAN. I
to U hill UUl I should like i°
1C
U U -the amendment. Ihere should be, however, a provision for it. have bills on “ -------..............................beforehand so that * c a n se e
“ the calendar a little
* - ■I —
Mr. KEAN. Has the Senator the amendment at hand.
the reports.
Mr. FULTON. I have one here I intended to offer, but 1
There being no objection, the Senate, as in Committee of tbc
am going to yield to the Senator from Georgia [Mr. B acon I Whole, proceeded to consider the bill.
He has an amendment that he wishes to offer.
I he hill was reported to the Senate without amendment, or
Mr. BACON. I offer an amendment, to be inserted at the dered to be engrossed for a third reading, read the third time,
proper place in the bill.
and passed.
,
lhe \ ICE-I RESIDENT. The Senator from Georgia pro­
STEAM IP M N A A
SH
OTK.
poses an amendment, which will he stated.
*
Mr. PILES. I ask for the present consideration of the hfj]
The Secretary. Add at the end of the bill the following:
(S. 8429) to refund certain tonnage taxes and light dues levie®
That the Secretary of the Treasury he, and he Is herebv authorized on the steamship Montara without register.
The Secretary read the bill; and there being no objection, t ° e
s f t f f f f i r f i s r g M u iS t u X
f i h, esr
e
balance due her husband, the said Mullett, on account’of comLnmtion Senate, as in Committee of the Whole, proceeded to its consid­
me hla actual expenses incurred as commissioner appointed from civil eration. It proposes to refund $1,695, assessed and collect®”
life on the navy-yard commission under the provisions of the
«}
>
August o, 1882 making appropriations for the naval «r?l« Lid i*l under sections 4219 and 4225, Revised Statutes, in the case <
anee being based upon vouchers heretofore IssuedNm,i
' the steamship Montara, entered at Seattle on July 9, 1906, frot
Yokohama without register, upon application by tbe P a c iim
8 8 S r 01
Xa,r “ " »
Coast Steamship Company.
The \ ICE-PRESIDENT. The question is on agreeing to the
The bill was reported to the Senate without a m e n d m e n t , or­
ndment proposed by the Senator from Georgia [Mr. B acon ]
dered to be engrossed for a third reading, read the third time,
The amendment was agreed to.
1
aud passed.
Mi. KEAN.

flo w n - claims?

1909

CONGRESSIONAL RECORD— SENATE.

tee on Finance and ordered to be printed in the R ecord, a s fol­
lows:

Senate joint memorial 4. By Senator Cox.
T o th e h o n o r a b l e S e n a t e a n d H o u s e o f R e p r e s e n t a t i v e s
in C o n g r e s s a s s e m b l e d :

Whereas the raising of wheat and other grain crops is one of the
Principal industries of the States along the Pacific coast, and one of the
Principal sources of their wealth; and
Whereas, owing to the shipping conditions existing upon the Pacific
roast, it is necessary that all wheat and other grains should he sacked
oy the grower in lute bags; and
■W
hereas the expense of such bags is a very heavy item in the cost of
Stowing, harvesting, and disposing of wheat and grain products, the
farmers of Washington alone paying out annually almost $1,500,000 for
8hch bags; and
Whereas there Is at the present time a duty imposed upon grain hags
which adds materially to the cost of the same to the farmer, greatly
increasing the burden upon him and upon the consumer over what it
W
ould be if grain bags were admitted free of duty ; and
Whereas there is in the United States about one factory engaged in
the manufacture of jute bags for grain products, and that is a small
oonceru which can not manufacture a tithe of the grain bags required
handling the crops of the State of Washington alone: Now therefore be it
R e s o l v e d bu t h e s e n a t e o f t h e S t a t e o f W a s h i n g t o n ( t h e h o u s e c o n c u v r i n g ) , That it would be of inestimable benefit to the farmers of the
f ocific Coast States, and particularly of the State of Washington, that
m duty upon grain bags be removed; that the removal of the duty
e
JjPou jute an(j grain bags would not be of detriment to any established
?r large industry; and the sole effect of the removal of the duty would
“2 to lessen the already heavy burden upon the farmer in the marketing
n his grain, and tend to reduce the cost of wheat and other grains to
producer; and therefore that such duty should be removed at the
truest possible moment.
R e s o i v<;(i f u r t h e r , That a copy of this resolution be forthwith trans­
lated to the Senators from the State of Washington, and to each Con^.essman from the State of Washington; also to each member of the
"a y s and Means Committee of the House of Representatives, for their
sij in endeavoring to secure the removal of the duty referred to.
thssed by the senate January 13, 1909.
M E. Hoy,
.
IS V

1 flssed by the house January —, 1909.

President of the Senate.

Leo. O. M eigs,

1659

tion of the First Congregational Church of Mount Vernon, N. Y.,
praying for the enactment of legislation to establish a national
children’s bureau, which were referred to the Committee on
Education and Labor.
He also presented petitions of Academy Grange, No. 62, Fatrons of Husbandry, o f Ontario County; of Local Grange No. 826,
Patrons of Husbandry, o f Rhinebeck; and o f sundry citizens, all
in the State of New York, praying for the passage of the socalled “ rural parcels-post” and “ postal savings banks” hills,
which were referred to the Committee on Post-Offices and PostMr. O W E N presented a concurrent resolution of the legislature
of Oklahoma, which was referred to the Committee on Public
Lands and ordered to be printed in the R ecord, as fo llow s:
House concurrent resolution 11.
By Turner.
Memorializing Congress to add to Platt National Park, at Sulphur
Springs, Okla., the three portions of the Sulphur town site lying south
of said park.

Be it resolved by the house of representatives (the senate concurring
therein), That
Whereas in the establishment o f Platt National Park the United States
has separated three different parcels of the Sulphur town site, lying
Isouth of the park, from the main part of the town site, so that these
Iproperlies are taxed for water works, sewers, and lights, from which
Itaxation they receive no benefits: Therefore be it
Resolved, That Congress he respectfully requested, as a matter of sim­
p l e justice, to add to P latt National Park the three portions of the
Sulphur town site lying south of said park, and that copies of this
resolution be sent to each member of the Oklahoma delegation in
Congress.
Passed the house of representatives January 22, 1909.

Benjamin F. W ilson .
Speaker of the House of Representatives.

L

Passed the senate January 26, 1909.

George W. B ellamy ,
President of the Senate.

“

Mr. O W E N presented a concurrent resolution of the legis­
lature o f Oklahoma, which was referred to the Committee on
Forest Reservations and the Protection of Game and ordered to
be printed in the R ecord, as follow s:

Speaker of the House.
'Hie V IC E -P R E S ID E N T presented a petition o f the Chamber
* Commerce o f Valdez, Alaska, praying that an appropriation be
House concurrent resolution 5. By Jnhn.
for the construction of a trunk road from Valdez to Memorializing the Congress of the United States for a national law
°uie via Tanana Valley, which was referred to the Committee
protecting migratory game birds against extinction.
Whereas there are divers birds and wild fowl or birds— namely,
0 1 Territories.
1
y,]t i also presented a petition o f the Chamber of Commerce of geese, ducks, brant, swans, wild pigeons, doves, plover, snipe, woodcock,
cranes, and probably other varieties, commoniy known as “ game
h i f ’ Alasl' a’ Praying for the enactment of legislation provid­ birds " and migratory in their habits— some now nearly exterminated
e r
the creation of a fourth judicial district in that Terri- [and others, as in the case of the wild pigeon, apparently already
[totally e xtin ct; and
which was referred to the Committee on the Judiciary,
Whereas the natural migratory habit of these wild fowl (or game
also presented a petition of Local Harbor No. 82, of •birds i makes a proposition to in any manner protect them necessarily
an interstate effort: and
jjJ^Pa, Fla., and a petition of Atlantic Harbor, No. 77, of
Whereas it is neither possible nor feasible for one State to effectutoaf ^n’ *''■ T ., all of the American Association of Masters,
}]_v or successfully protect them as in this resolution contemplated :
of h
and PHots of Steam Vessels, praying for the passage
he refore he it
.
. , . ,
Resolved by the house of representatives of the second legislature of
1ae so-called “ Knox h ill” concerning licensed officers of
he State ofOklahoma (the senate concurring herein), That the Con0l
and sail vessels, which were referred to the Committee tpss of the United States be. and hereby is, memorialized and peti­

\ Commerce.
r
W- V
-A T
' V*

tioned to pass an act protecting the game herein mentioned against

laughter or molestation of any kind while passing through or over, or
too 1C
LLOM presented a petition of Typographical Union
hrou-h and over, those of the United States in their ordinary and
for
Amei’iean Federation of Labor, of Chicago, 111., praying
latural route to and from their breeding places during their seasons of
in ,lbe enactment of legislation to curtail the power of judges latching and breeding, or in such other manner as they in their wisdom
enaetmen
av deem best, in accord with the spirit and intent of this resolution.
jito p o s iu g ja il sentences on leading members of organized
B enjamin F. W ilson ,
labo,!lpo?iuK J
'ail
> which was referred to the Committee on the Judiciary.
Speaker of the House of Representatives.
George W. B ellamy,
B A LLIN G E R p r e s e n te d a petition of sundry citizens of
President of the Senate.
<
R o - c i « e of New Hampshire, praying for the passage of the
Mr. O W E N presented a concurrent resolution of the legislab i]]'1,e<1 “ rural parcels-post” and “ postal savings banks”
p J ^ v h ic h was referred to the Committee on Post-Offices and Vlature o f Oklahoma, which was referred to the Committee on
Urrigation and ordered to be printed in the R ecord , as follows:
Y ^ to°ads.
ti. a d s.
House concurrent resolution 10. By Bryan.
S u b L a l s o presented a petition of the Rhode Island Avenue
_
fcmorializing Congress to extend the reclamation fund and service to
pravir an C*tizens’ ...................
Association, of. the _
District of Columbia,
Ck
.
»
4
.
f At*
~
,.A_____ a ,.A
include drainage.
tenfij!ns *or the enactment o f legislation providing for the exWhereas the State of Oklahoma is traversed and bounded by rivers,
W bL'1 ° f Franklin street NE., in the District o f Columbia,
1
i le flood plains of which extend through several States, and embrace
IfffibiqWas referred to the Committee on the District o f Co- 1 irge areas of fertile lands which are subject to frequent and destruc-

P

t ve inundations from such rivers; and

barto,!11^ Presented a petition of the congregation of the DuinI>. c 1 Avenue Methodist Episcopal Church, of Washington,
by tt ’ Paying for the passage of the excise bill as recommended
r e fe r fl^ ^ n is s io n e r s 0f tiie District o f Columbia, which was
He mi ! ° Hre Committee on the District of Columbia.
Traiir,' ~(\ Presented resolutions adopted by the Board of
^ 'b o d il, Washington, I). C., in favor o f the recommendations
gate th ‘ ' !1 Hi® report o f the commission appointed to investiHistrirf ^xlsHng conditions at the jail and workhouse in the
APproti: x,Coluiubia. which were referred to the Committee on
Mr m ; l0nsyreBeniea a
01 me DaAmwu vu«uu.v.
l-ornii!,,,. ‘A V*1 „presented___ petition of the _ Beckwith-Chandler
XT .
i*
.
__r_______________
4L a A n n n tm o n t
Of W 2 ’ of New York City, N. Y „ praying for the enactment
tm<lor # i 011 providing for the inspection and grading of grain
w He flY~eral control, which was ordered to lie on the table,
^iaing ‘ Ij0 Presented the petition of C. de Morinni of White
the
’ *•» {lIid a petition of sundry members o f th congrega­




Whereas a systematic and comprehensive scheme for the drainage

f said lands can only he accomplished through federal effort; and

Whereas Oklahoma lias contributed, through the sale of public lands,
ior.* than $4 000,000 to the national reclamation fund: Therefore lie it
Resolved by the house of representatives

(the senate concurring

herein} That the Congress of the United States be, and the same is
lerehv memorialized to extend the uses and purposes of said national
Awl■[nation fund and the work of the Reclamation Service to include
!
jVAnatre as well as irrigation and that our Senators and Ecpre centa­
l s j£ Congress be, and they arc hereby, requested to use tbeir best
■ndeavors to that end.
Passed the house of representatives January 22, 1909.
B enjamin F. W ilson,
Speaker of the House of Representatives.
Passed the senate January 25, 1909.

George W. B ellamy,
President of the Senate.

Mr. O W E N presented a petition of sundry members of the
p erm anent council of the Eastern, or Emigrant, Clierokees of
the State o f Oklahoma, praying for the adoption of a certain




1660

CONGRESSIONAL RECORD— SENATE.

February 1,

amendment to the Indian or sundry civil appropriation bills, to
He also presented a memorial of the Forty-second National
reim
reimburse them for attendance upon meetings and travel pay in Encampment of the Grand Army of the Republic, of Toledo,
| connection with services rendered, which was referred to the )hio, remonstrating against the enactment of legislation proconn
iding for the consolidation of certain pension agencies throughX j2 o m mittee on Indian Affairs.
Mr. WARREN presented a memorial of the Yellow Pine Mrtmwwit the country, which was referred to the Committee on
facturers’ Association of New Orleans, La., remonstrating Pensions.
against the repeal of the duty on lumber, which was referred
He also presented a petition of sundry citizens of Peabody,
Kans., praying for the adoption of a certain amendment to
to the Committee on Finance.
Mr. NELSON presented sundry papers to accompany the bill the present pension law relative to the applications of widows
(S. 8020) granting an increase of pension to Daniel W. Inger- for pensions regardless of the date of their remarriage, which
soll, which were referred to tlie Committee on Pensions.
was referred to the Committee on Pensions.
Mr. LONG presented a concurrent resolution of the legislature
Fie also presented a resolution of the legislature of Kansas,
of Kansas, which was referred to the Committee on Military praying for the enactment of legislation authorizing the nomi­
nation and appointment of John F. Lewis, late first lieutenant,
Affairs and ordered to be printed in the R ecoup, as follows:
Twenty-first U. S. Infantry, a first lieutenant of infantry ®
B e i t r e s o lv e d b y th e s e n a te (th e h o u se c o n c u r r in g t h e r e i n ), That our
Senators and Representatives in Congress be requested to support and the Army of the United States, and providing for his retire­
use their utmost efforts to effect a speedy passage of Senate hill N ment from the army with such rank, which was referred to the
o.
5758. now pending in the Congress of the United States, authorizing
the President to nominate, and, by and with the advice of the Senate, Committee on Military Affairs.
Mr. HALE presented petitions of sundry citizens of Auburn,
appoint .John F. Lewis, late first lieutenant of the Twenty-first United
States Infantry, a first lieutenant of infantry in the Army of the South Paris, and Fairfield, all in the State of Maine, praying
United States, and providing for his retirement from the army with for the passage of the so-called “ rural parcels-post ” and “ P°s‘
such rank; and he it
tal savings banks” bills, which were referred to the Committed
F u r th e r r e s o l v e d , That a copy of this resolution he transmitted to
the Senators and Representatives In Congress from the State of Kansas. on Post-Offices and Post-Roads.
I hereby certify that the above concurrent resolution originated in
lie also presented a petition of the Board of Trade of Bangor,
the senate, and passed that body January 20, 1909.
Me., praying for the enactment of legislation to establish a
W . J. F itzgerald ,
P r e s id e n t o f th e S en a te.
national forest reserve in the White Mountains and Katabd®
B. E. W
yant,
districts in that State, which was referred to the Committee
S e c r e t a r y o f th e S en a te.
on Forest Reservations and the Protection of Game.
Passed the house January 22, 1909.
He also presented a petition of members of the Monday
'
J. N. Dolley.
Afternoon Club, of Brewer, Me., praying for the enactment of
S p e a k e r o f th e H o u s e .
Approved January 27, 1909.
legislation to create a national children's bureau, which t 'llS
W. T. Beck,
referred to the Committee on Education and Labor.
C h ie f C lerk o f th e H o u s e .
Mr. BROWN presented a petition of members of the Co®'
W It. Stubbs,
.
G overn or.
mercial Club of Auburn, Nebr., praying for the enactment °f
legislation granting travel pay to railway postal clerks, which
, Mr. LONG presented a petition of the Medical Society of
was referred to the Committee on Post-Offices and Post-KoadSSumner County, Kans., praying for the enactment of legislation
Mr. CRANE presented a memorial of sundry citizens of
to create a national bureau of health, which was referred to the
Boston, Mass., remonstrating against any further appropriation?
Committee on Public Health and National Quarantine.
being made for the increase of the naVy, which was referred
lie also presented a memorial of the Yellow Pine Manufactur­
to the Committee on Naval Affairs.
ers’ Association of St. Louis, Mo., remonstrating against the
Mr. DANIEL presented a petition of the town council ot
repeal of the duty on lumber, which was referred to the Com­
Suffolk, Va., praying that an appropriation be made for deep*
mittee on Finance.
ening the channel of the Nansemond River, in that Stab*
He also presented a petition of the Missouri River Wholesale which was referred to the Committee on Commerce.
Grocers’ Association, of Kansas City, Mo., praying for the adop­
REPORTS OP COMMITTEES.
tion of certain amendments to the present interstate-commerce
law relative to the power of the Interstate Commerce Commis­
Mr. HALE, from the Committee on Appropriations, to who®
sion to investigate and postpone any advance in passenger or were referred the following bills, asked to be discharged fro®
freight rates by common carriers, which was referred to the their further consideration and that they be referred to th®
Committee on Interstate Commerce.
Committee on the District of Columbia, which was agreed to:
He also presented a petition of sundry citizens of Effingham,
A bill (S. 8449) to repeal acts heretofore passed relating 1
Kans., praying for the enactment of legislation to regulate the alienation of the title of the United States to land io
interstate transportation of intoxicating liquors, which was re­ District of Columbia, and for other purposes; and
A bill (S. 8450) to provide for ascertaining the interest 0
ferred to the Committee on the Judiciary.
He also presented a petition of Sunshine Grange, No. 1443, title of the United States in any land or water rights in i*1
Patrons of Husbandry, of Tonganoxie, Kans,, praying for the District of Columbia.
passage of the so-called “ rural parcels-post” and “ postal sav­
Mr. DICK, from the Committee on Naval Affairs, to wh°®
ings banks” bills, which was referred to the Committee on were referred the following bills, reported them severally wR
Post-Offices and Post-Roads.
out amendment and submitted reports thereon:
A bill (S. 3836) placing John W . Saville, passed assists**
Mr. D EPEW presented a petition of sundry citizens of Hins­
dale, N. Y., and a petition of Lenox Grange, No. 43, Patrons of engineer, United States Navy, on the retired list with an a°
Husbandry, of Madison County, N. Y., praying for the passage vanced rank (Report No. 89 1 ); and
A bill (H . It. 17214) for the relief of Harry Kimmell, a c0®f
of the so-called “ rural parcels-post” and “ postal savings
banks” bills, which were referred to the Committee on Post- mauder on the retired list of the United States Navy (Repo®
Offices and Post-Iioads.
Mr. BURKETT presented a petition of members of the Grain
Exchange of Omaha, Nebr., praying for the enactment of legis­
lation providing for the appointment of a commission to investi­
gate the grain trade of the country relative to the first handling
at terminal markets and the exportation of grain and kindred
matters, which was referred to the Committee on Agriculture
and Forestry.
He also presented a petition of members of the Grain Ex
change of Omaha, Nebr., praying for the adoption o? certsi
amendments to the present interstate-commerce law relative t
the limitation of the power of common carriers to impose any
freight rate upon the public, which was referred to the Com
mittee on Interstate Commerce.
Mr. CURTIS presented a petition of Sunshine Grange, No.!
1443, Patrons of Husbandry, of Tonganoxie, Kans., praying
for the passage of the so-called “ rural parcels-post ” and “ postal
savfngs banks” bills, which was referred to the Committee on
Post-Offices and Post-Roads.

N o . S 9 2 ).

Mr. GALLINGEIt, from the Committee on the District o
Columbia, to whom was referred the bill (S. 8905) for the es­
tablishment of a probation system for the District of Colwnb®,
reported it without amendment and submitted a report P *
thereon.
•***
Mr. OWEN, from the Committee on Public Lauds, to who®
was referred the bill (S. 7226) granting certain land h*
city of Alva, Okla., used for land-office purposes by the
eminent, to the city of Alva, Okla., reported it with an smew*
ment and submitted a report (No. 833) tht-ANRl.
«
He also, from the Committee on Indian Affairs, to whom w
referred the bill (S. 8553) to amend section 1 of an act
proved January 30, 1897, entitled “ An act to prohibit the &
of intoxicating drinks to Indians, providing penalties there
and for other purposes,” reported it with an a m e n d m e n t® ^
submitted a report (No. 894) thereon.
.
Mr. BURNHAM, from the Committee on A gricu ltu re ami
/
estry, to whom was referred the bill <S. 6515) for prevent t o
the manufacture, sale, or transportation of adulterated or

CONGRESSIONAL RECORD— SENATE.

1909.

branded fungicides, Paris greens, lead arsenates, and other
insecticides, and for regulating traffic therein, and for other
purposes, reported it with amendments and submitted a report
(No. 895) thereon.
Mr. F O R AK ER , from the Committee on Military Affairs, to
whom was referred the bill (S. 8487) to correct the military
record o f Michael Fitz Simmons, deceased, reported it without
amendment and submitted a report (No. 896) thereon.
Mr. D O LLIVER , from the Committee on Agriculture and For­
estry. to whom was referred the amendment submitted by Mr.
Bourne January 29, intended to be proposed to the bill (S. 3S2)
to provide for the inspection and grading of grain entering into
interstate commerce, and to secure uniformity in standards and
classification of grain, and for other purposes, reported favora­
bly thereon and moved that it lie on the table, Senate hill No.
382 having been reported from the Committee on Agriculture
and Forestry January 35 last.
FRESIDENTIAL SUCCESSION.
Mr. BACON. I am instructed by the Committee on the Ju­
d i c i a r y , to whom was referred the joint resolution (S. It. 102)
Proposing an amendment to the Constitution of the United
States respecting the succession to the Presidency in certain
cases, to report it favorably without amendment As it is short
and relates to a matter of general interest, I ask that the joint
resolution may be read in order that it may go into the R ecord,
" here all can see it who desire to examine it.
The joint resolution was read, as follow s:
a R e s o lv e d b y th e S e n a te a n d H o u s e o f R e p r e s e n t a tiv e s o f t h e U n ited
M a t e s o f A m e r i c a in C o n g r e s s a s s e m b l e d ( t w o - t h i r d s o f e a c h H o u s e c o n th e r e in ),

That tlie following amendment to the Constitution of
:“e United States be proposed for ratification by the legislatures in the
states, which when ratified by legislatures in three-fourths of
6 Lnited States’ sha11 be valid as a I)art of the Constitution, vi*:
“ ARTICLE XVI,
U In all cases not provided for by Article II, clause 5, of tbe Constituo*1 where there is no person entitled to discharge the duties of the
1

IhA r-°f tbe President, The same shall devolve upon the Vice-President,
Congress may by iaw provide for the case where there is no person
0J ‘ued to hold the office of President or Vice-President, declaring what
untnrn,!;a ! ‘hen act as President, and such officer shall act accordingly
j
11 the disability shall be removed or a President shall be elected.”
1
The V IC E-PR E SID EN T.
°b the calendar.

The joint resolution will be placed

^M. BACON.
r

I ask that the fifth clause of Article II o f the
n ftitu tl°n , which shows the present state of the law, may be
i7
wiWished in the R ecord, in order that the law as it now stands
•y appear, and also the necessity for such a law as is proposed
‘
° rhe enacted.
There being no objection, the fifth clause of Article I I of the

>si! 0 s,‘ of the removal of the President from office, or of his death.
:1
oiii!5na“°u. or inability to discharge the powers and duties of the said
H ,;; the same shall devolve on the Vice-President, and the Congress
ai,if* «; law provide for the case of removal, death, resignation or in>
y
Rliiii y\ both of tlie President and Vice-President, declaring what officer
Ath?® ^ t as President, and such officer shall act accordingly, until
«
disability be removed, or a President shall be elected.
HILLS INTRODUCED.
M
th< l O ALLIN GEIt introduced a hill (S. 8950) to provide for
p e n s i o n of Park place N W ., which was read twice by its
thin atui> with the accompanying papers, referred to the Comee on the District o f Columbia.
8ev*r; McLAU R IN introduced the following bills, which were
tmnl;ilJy ro;ul twice by their titles and referred to the ComIttee on Claim s:
for
r
4„‘ J* iEmanuel Jones,
bu (S. 8951) ™

the relief of Hannah J._______ , execu_______ __________________ Jones, deceased, a British subject;
lizabeth
In., 1 1 (S. 8952) for the relief of the heirs of Mrs. Eliz
)1 1

***> deceased;

16(51

erally read twice by their titles and, with the accompanying
papers, referred to the Committee on Pensions:
A bill (S. 8958) granting an increase of pension to Timothy
Donovan; and .
A bill (S. 8959) granting an increase of pension to James M.
Hallett.
Mr. D IL L IN G H A M introduced a bill (S. 8900) to provide
for tbe parole of juvenile offenders committed to the National
Training School for Boys, Washington, D. C., and for other
purposes, which was read twice by its title and referred to the
Committee on the District of Columbia.
Mr. SCOTT introduced a bill (S. 8961) to amend section
31G5 of the Revised Statutes of the United States relative to
revenue officers who may administer oaths and take evidence,
which was read twice by its title and referred to the Committee
on Finance.
Mr. SU TH ER LA N D (by request) introduced a bill (S. 8962)
to amend section 3329 of the Revised Statutes of the United
States relating to the exportation of distilled spirits, which was
read twice by its title and referred to tbe Committee on Finance.
Mr. du PONT introduced a bill (S. 8963) for tbe relief of
members of the Fifth and Sixth Regiments of Delaware In­
fantry Volunteers, which was read twice by its title and re­
i
ferred to the Committee on Military Affairs.
Mr. GAM BLE introduced tbe following bills, which were
severally read twice by their titles and referred to the Com­
mittee on Pensions:
A bill (S, 8964) granting an increase of pension to W illiam
H . M axw ell; and
A bill (S. 8965) granting an increase of pension to Martin V.
Benkert.
'
Mr. K N O X introduced a bill (S. 8966) granting an increase
0f pension to William H. Hoffman, which was read twice by
| ifo turn and, with tbe accompanying papers, referred to tbe
its title ™ ,i
the
Committee on Pensions.
H e also introduced a bill (S. 8967) for the relief of Joseph E.
j Adams and others, which was read twice by its title and, with
i the accompanying papers, referred to the Committee on Claims.
I
] Mr. NELSO N introduced a bill (S . 896S) granting an increase of pension to Charles J. Decker, which was read twice
,by its tm 1and roforrod tn tn Committee on Pensions.
, referred to the
title
Mr. TAYL O R introduced a bill (S. 8969^ granting a pension
to Israel W . Bennett, which was read twice by its title and
referred to the Committee on Pensions.
\
" M r . O W E N introduced a bill (S. 8970) granting an increase 1
of pension to Henry B. Furbee, which was read twice by its l
title and referred to the Committee on Pensions.
He also introduced a bill (S. 8971) for tlie relief of the estate l
of Fritz Eggert, deceased, which was read twice by its title /
bills, which
were severally read twice bv their titles and, with the accom-

Hollister;
A bill (S . S973) granting an increase of pension to Spencer M.
Ilillibcrt;
A bill (S. 8974) granting an increase of pension to Abraham
Rhodes;
A bill (S . 8975) granting a pension to Charles B. Flynn; and
A bill (S. 8970) granting an increase of pension to George W .
Parks.
Mr. PAY N TE R introduced the following bills, which were
severally read twice by their titles and referred to the Commit­
tee on Pensions:
_
.
A bill (S. 8977) granting a pension to Vmney Streets; and
A bill (S. 8978) granting a pension to Eliza Jane Ellis.
Mr HEY BURN introduced a bill (S. 8979) granting an in­
crease of pension to Alexander Kinney, which was read twice
bv its title and, with the accompanying papers, referred to the

^ 'fill (8 , 8933) for the relief of the heirs of Tillman W hat- j Committee on Pensions
Mr. PILE S introduced a bill (S. S9S0) granting an increase
decease
sed;
uf pension to Thomas H. Brown, which was read twice by its
( s - 8954) for the relief of the heirs o f Eld red Nun- /m ^ a n d ^ i t h ^ t h e accompanying papers, referred to the Com'
» Deceased: a n d
________ !
axed; and
rnittee on Pensions.
< W > 1 ( s - 8935) for the relief of the lielrs of Isaac Whitaker,
11
Mr. STONE Introduced a bill (S. 8981) to correct the military
introi
•aswi
record of John P. Griffith, which was read twice by its title and
an increase of
its title and,
Committee on
‘ C LLLO m introduced a bill (S, 8957) granting an in Pensions.
H e also introduced a bill (S. 8983) for the relief of the estate
Ik tiup V is io n to Norman H . Holt, which was read twice by
..... . r<
o f Joseph Kulage, deceased, which was read twice by its title
T:uul Muerreu to the Coimnittee.on reunions.
‘fcrred to the Committee on Pensions.
l’ LONG introduced the following bills, which were s e v - 1 and referred to the Committee on Claims.







1662

CONGRESSIONAL RECORD— SENATE.

F ebruary 1,

Mr. BACON introduced a bill (S. 8984) for the relief of the twice by its title and referred to the Committee on the
legal representatives of Adolph M. Cohen, which was read twice Library.
Mr. KNOX introduced a joint resolution (S. R. 122) to en­
by its title and. with the accompanying papers, referred to the
able the Secretary of the Senate and Clerk of the House of Rep­
Committee on Claims.
He also introduced the following bills, which were severally resentatives to pay the necessary expenses of the inaugural cere­
read twice by their titles and referred to the Committee on monies of the President of the United States March 4, 1909,
which was read twice by its title and, with the accompanying
Claims:
A bill (S. 8985) for the relief of the heirs of George W . Per- paper, referred to the Committee on Appropriations.
Mr. PERKINS introduced a joint resolution (S. R. 123) to
kerson. deceased;
allow the city and county of San Francisco to exchange lan d s
A bill (S.
8988)for the
relief of Mrs. Mary Fagan;
for reservoir sites in Lake Eleanor and Hetch Hetcby valleys
A bill (S.
8987)for the
relief of Mrs. Susanna M. Clay;
A bill (S. 8988) for the relief of the heirs of Eliza Ann Davis, in Yosemite National Park, and for other purposes, which was
read twice by its title and referred to the Committee on Public
deceased;
A bill (S. 8989) for the relief of the heirs of Larkin Nash, Lauds.
AMENDMENTS TO APPROPRIATION BILI-S.
deceased;
A bill f S.
8990)for the
relief of Mary Perkinson; Mr. LONG submitted an amendment relative to paymasters'
A bill (S.
8991)for the
relief of the heirs of Mary E.Walsh,
clerks, United States Army, etc., intended to be proposed by him
deceased;
to the army appropriation bill, which was referred to the Com­
A bill (S. 8092) for the relief of Mrs. S. A. Dunn;
mittee on Military Affairs and ordered to be printed.
A bill ( S. 8993) for the relief of the heirs of Nancy Scroggins,
"Mr. OWEN submitted an amendment proposing to appropriate
$75 to reimburse J. H. Schmidt, of Golebo, Okla., for damages
deceased *
A bill (S. 8994) for the relief of the heirs of Matthew Hig­ done him by cattle of Rainy Mountain School, intended to be
proposed by him to the Indian appropriation bill, which was
ginbotham, deceased;
A bill (S. 8995) for the relief of the heirs of Greenberryi referred to the Committee on Indian Affairs and ordered to be
Backus, deceased;
printed.
— * ■m*
—m* ,
A bill (S. 8998) for the relief of the heirs of W . S. Brown,
Mr. GUGGENHEIM submitted an amendment proposing to
turn over the Indian school at Fort Lewis, Colo., to the State
deceased;
A bill (S.
8997)for the
relief of Thomas S. Causey;Colorado for school purposes, intended to be proposed by him
of
A bill (S.
8998)for the
relief of Mary A. F. Preston; Indian appropriation bill, which was ordered to be printed
to the
A bill (S. 8999) for the relief of the heirs of Clark Gorham, and, with the accompanying paper, referred to the Committee on
deceased *
Indian Affairs.
A bill (S. 9000) for the relief of the heirs of Mrs. Ellen Mc­
Mr. DIXON submitted an amendment proposing to amend the
Allister, deceased;
law relative to the survey and allotment of lands now embraced
A bill (S. 9001) for the relief of the heirs of Mrs. Hannah within the limits of the Flat Head Indian Reservation, in the
Pruett, deceased;
State of Montana, and the sale and disposal of all surplus lands
A bill (S. 9002) for the relief of the heirs of Elisha Mash- after allotment, etc., intended to be proposed by him to the In­
burn, deceased;
dian appropriation bill, which was referred to the Committee
A bill (S. 9003) for the relief of the heirs of Lydia Golasby,
on Indian Affairs and ordered to be printed.
deceased; and
Mr. DICK submitted an amendment proposing to appropriate
A bill (S. 9004) for the relief of James Peek.
Mr. NELSON introduced a bill (S. 9005) for the relief of $2,800 to pave Seaton place, from North Capitol street to Lincoln
Julius G. Maertin, which was read twice by its title and re­ road, etc., intended to be proposed by him to the District of
j Columbia appropriation bill, which was referred to the Commit'
ferred to the Committee on Public Lands.
tee on Appropriations and ordered to be printed.
Mr. SMITH of Maryland introduced a bill (S. 9006) to amend
an act authorizing the Washington, Spa Springs and Gretta
PR V N IO O IN E ST T R C G M L G
E E T N P T R A E A E A B IN .
Railroad Company of Maryland to enter the District of Colum­
On motion of Mr. D epew, it was
bia, approved February 18, 1907, which was read twice by its
OnZeml, That 500 copies of the hearings before the subcomniith^
title and referred to the Committee on the District of Columbia.
0
Committee on the Judiciary on the bill (8. 5051) to p r e v e n t tue
Mr. BURKETT introduced a bill (S. 9007) granting a pension nullification of State antigambling' laws by interstate race gam j;
bim
to William G. Glasgow, which was read twice by its title and by telegraph be printed for the use of the Committee on the Judicial )•
referred to the Committee on Pensions.
AMOUNTS DUE UNDER SUPREME COURT DECISIONS.
Mr. CURTIS introduced a bill (S. 9008) granting an increase
Mr. LODGE submitted the following resolution (S. Res. 270).
of pension to Robert Hilliard, which was read twice by its title
and, with the accompanying papers, referred to the Committee which was considered by unanimous consent and agreed to:
on Pensions.
R e s o l v e d , That the Secretary of the Treasury is hereby directed to re
Mr. LODGE introduced a bill (S. 9009) granting a pension to I port at his earliest convenience to the Senate, If the following amount,
opposite the respective names, or if not these, what amounts, if
?
Emeline Maud Salstrom, which was read twice by its title and, j due under the decisions of the Supreme Court in the cases of any. a1
j
Swift
with the accompanying papers, referred to the Committee on Eft A £ i0, l n i«! smtes (105 r.
69J) and Swift A Co. v .
[ united States (111 U. 8., 22), viz:
Pensions.
Match ^Com
pany, $105 ; A. Beecher & Sons.
Mr. TALIAFERRO introduced a bill (S. 9010) granting an
increase of pension to Volney J. Shipman, which was read twice
by its title and, with the accompanying papers, referred to the
Committee on Pensions.
Mr. CRANE introduced the following bills, which were sever­
, k> i>. nitnujitu « »
.
T,' n.,j
-..cDonaid & Co., $2,436; Nation ,
ally read twice by their titles and referred to the Committee on ,,
M
atch Company, $1,040; D llansom &Co., $400: 11. It. Stevens. M * '
.
Pensions:
Swift. Courtney &Beecher Company. $7,000; Trenton M
atch Com '
PaW
A bill (S. 9011) granting an increase of pension to Rosetta E. $755.20; John Loehr, $4,521.44; Iiemas Barnes &Co., $1,890,
Arnold; and
REPAIRS OF BATTLE SHIPS.
A bill (S. 9012) granting an increase of pension to Emma
Mr. CLAY. I submit a resolution and ask for its immedioie
Jane Thomas.
Mr. DANIEL introduced a bill (S. 9013) providing for the consideration.
payment of a specified sum to the estate of Henry Yonge, de­
The resolution (S. Res. 272) was read, as follows:
ceased, which was read twice by its title and referred to the
Committee on Claims.
He also introduced a bill (S. 9014) granting an increase of
pension to America J. Austin, which was read twice by its title
and, with the accompanying paper, referred to the Committee
Holland, said report to show the sum expended on each of said vt
on Pensions.
when and where said repairs were made; and he Is also directed to
Mr. CARTER introduced a hill (S. 9015) granting an increase form the Senate about what sum is required annually to keep. ,.X
|
of pension to Martin Maginnis, which was read twice by its title pair and In good condition a first-class battle ship. He Is «!-•> dirto forward to the Senate the sum expended for coal during the ' e
and referred to the Committee on Pensions.
fiscal year for the operation of ships, and. as far as practical .e,
Mr. FORAKER introduced a bill (8. 9018) providing for the prices paid for coal and the names of the person or persons or
erection of a statue of the late John Shermau, which was read porations from whom coal was purchased.

CONGRESSIONAL RECORD— SENATE.

1909.

The V IC E -P R E S ID E N T . Is there objection to the present pairs during the last year when most of them were on the ocean
away from home.
consideration of the resolution?
I am not criticising the Committee on Naval Affairs. A s I
Mr. B E V E R ID G E . I wish to ask the Senator presenting the
resolution how many of the ships named, if any, were included understand, the Committee on N aval Affairs as yet have not
in the list of ships given by the general board as obsolete? completed the consideration o f the naval appropriation bill.
I was simply referring to the bill as it came to the Senate from
Does the Senator know?
Mr. C LA Y. I do not. I will say to the Senator that during the other House. I think the resolution can not do any possible
the last session of Congress those ships were mentioned in the harm and m ay do some good.
Mr. H A L E . N o ; it will do no harm. The Senator will be less
naval appropriation bill and we specified the amount that was
to be used for the purpose of repairing the ships. The total surprised at the extent of the repairs for these big ships when
amount, according to my recollection, was about $7,000,000. I we get the results and estimates that will be made when the
think most of those ships during the last six or eight mouths fleet, which is circumnavigating the globe, is overhauled and
have been out on the ocean. I doubt if that much money has repaired. He will find then what we are all finding out, that
been spent for their repair. I am not advised in regard to the the expenses o f a big battle ship just begin when we build her
and pay for her.
matter.
Mr. BACON. Mr. President------I observe that the naval appropriation bill, as it passed the
The V IC E -P R E SID E N T . Does the Senator from Maine yield
House, carries between $8,000,000 and $0,000,000 for the same
to the Senator from Georgia?
Purpose in a lump sum.
Mr. H A L E . Certainly.
Mr. B E V E R ID G E . Naming the ships?
Mr. BACON. I think the Senator will remember that when
Mr. C L A Y . The last naval appropriation act carried between
the fleet started on the cruise around the world, the suggestion
§7,000,000 and $8,000,000 for the purpose of making these re­
was made that it was going to involve a very large expenditure
pairs, specifying the amount that was to be si>ent upon each
for repairs which would be required to put them in the condi­
ship. My purpose in introducing the resolution is to ascertain
tion in which they were when they started.
how much of that sum was used in repairing these identical
.Air. H A LE . There is no need of anybody predicting. W e
*hips last year.
shall get the estimates. They will come in from the depart­
For some reason the naval appropriation bill as it passed the ment and will he faithful and truthful. Under the statute to
House simply carries a lump sum of between $8,000,000 and which I have referred the estimates for repairs will have to be
*8.000,000, and out of that lump sum the Navy Department is in detail for each ship, and appropriations will have to be made
Authorized to make repairs. I know we had considerable con- 1 in detail after the estimates are submitted. It is one of the
Mention in regard to these repairs during the consideration of things that we have got to consider at all times that a ship is
the naval appropriation bill at the last session of Congress, and ; constantly wearing out and has got to be repaired or overhauled
JAy recollection is that one or two items were cut down between from time to time and it can not be helped. I do not object
Him and three hundred thousand dollars.
to the Senator’s resolution.
My purpose in submitting the resolution is to find out how !
The V IC E -P R E SID E N T . The question is on agreeing to the
much was utilized in repairing each of these ships appropriated j resolution.
or during the last session o f Congress.
The resolution was agreed to.
The V IC E -P R E S ID E N T . Is there objection to the present
NATIONAL C
URRENCY ASSOCIATIONS.
consideration o f the resolution?
Mr. C LAY. I submit another resolution, and ask unanimous
There being no objection, the Senate proceeded to consider
the resolution.
consent for its present consideration.
The resolution (S . Res. 271) was read as follow s:
H ALE. I do not know, Mr. President, that there is any
R e t m h e i That the Secretary of the Treasury he, and he is hereby,
meet ion to the Senator having the resolution passed and getto the Senate the names of the national currency
, lnR these facts about repairs. It will be a duplication of what directed to transmitunder the act approved May 30, 190S, known as an
ass 'Clarions formed
act to amend the national banking laws, the names and location of the
as already been sent in, especially about the larger vessels.
■Ihvee years ago Congress put ou the naval appropriation bill bucks composing each association, the principal place of business of
association thus formed, the name and location of each bank beth Very valuable and comprehensive measure, which required 1. i. in - to any national currency association applying for an issue of
0 department in every case of a naval ship needing repairs additional circulating notes under the provisions of the act approved
A^eeqjng in amount $200,000 to report beforehand to Congress Miv no 1908 together with a list of the securities deposited for the
redemption of such notes and the total amount of notes issued under
’ 11 vessel and the amount the department believed to be uec- this provision of low.
for repairs.
The V IC E -P R E SID E N T . The Senator from Georgia asks
The measure did not stop there, but it went further and provided unanimous consent for the present consideration of the resolu­
Ulat no appropriation should be made for repairs for vessels tion.
j-Ovore(i by the provision except in detail after the appropriation
Mr. A L D R IC H . The information called for by the resolution
|'a<1 been recommended by the department. W e are acting is already in the possession of Congress, and I think the resolu­
°nder that provision now.
tion had better go over. I will investigate the matter.
The V IC E -P R E SID E N T. The resolution will lie over.
H the Senator will look over the bill as passed by the House,
J! t U l find that while small appropriations for small vessels. .
*
LO A C EEK INDIAN CLA S,
YL R
IM
" mch are of not much account in the aggregate, are covered by !
ution
'ti^ '^ r a l clause, the large repairs upon the big ships are men-yj
O W E N submitted the following resolution (S. Res. 273), \
ian
which was referred to the Committee on Indian A ffa irs:
; 1 in detail.
The- committee In examining the bill have found a clause in it
Whereas by articles 3 and 4 of a treaty between the United States
. . , 7 hfight he construed as taking the place of the very valo- and the Creek tribe of Indians, concluded June 14. 1866, the United I
States agreed to ascertain the amount of losses sustained by (reek I
tl nt provl8ton to which I have referred, and have recommended soldiers who enlisted in the Federal Army, and the loyal refugee Creek I
lf»U
stricken out, so that the department will not be al- Indians and freedmen, who were driven from their h o m e s during the I
n 'l**1 to depart from the rule we laid out by that, I think. ' cry j civil war, and to pay the amount found due, with interest at the late of I
5 ]> '• cent from the date of the ratification of said treaty , and
.*
I
provision, which is a part not of a law running with the ;
Whereas the amount of such losses was ascertained, as provided by 1
:
said treaty, to be $1,836,830.41; and
.
, ,,
,, I
PPropriations, but it is a permanent law.
whereas by an
between the
T.nited States and
S
tl If tl*e Senator wants the information especially in regard tc i rw k Indians, agreement ratified, and confirmed by Congress the said
:
accepted,
and ap- 1
Particular vessels, there is no objection to it. He wil ■proved by the President on March 1. 1901 it was and is provided and l

s

f

V\

1 rreed that said claims should be presented to the Senate of the United 1
(! EAY. The„_____ _ _________ that during the last see
.. _ Senator remembers
_
whereatIhe said^Vatm’ were submitted to the Fifty-seventh Congress
s
Congress the question came up in regard to the amount and a partial payment made thereon :_Now, therefore be it
of
Committee on Indian Affairs be. and is hereby,
tTpairs for navnl vessels. It is my recollection that there j h ^
’or
t is my recouuu ‘
J i directed to examine and consider said claims and report
an<
Was
*h $02.7,000 was asked, and but j authorDed ana ajn* ' SG
nflte>
th r c J T KpiP Tor repairs to whir
that bill '**■* e s t i m a t e.. had b e e.1j1 111 making such examination and adjustment the committee will take
an
i
m at
.l”
_ ___ nnvm nnto liorofnfnrf> m ndc nn nrcnnn t nf
5 *
Z ’S S K S t ’ - t o i T “ a m e " t 7 7 h T 5 e ^ * S Z 8 S & Z SwSa-HT payments heretofore m c on account of
e
uO
wlui
said claim?.
wo Were considering the bill on t h e floor, and t h e Senator “ M ' " ™
n o d o u b t, v e r y q u ic k ly .

fr

strif iconsented that the item for $025,000 should be
Mr n ° ut and $22"b000 inserted in lieu thereof.
\r„
TE. i remember the case,
on u ' V ; AY< Ifc is difficult for me to understand 1 > Y c/ peiK
^
Identical ships named in this resolution $7,000,000 for re-




Mr O W E N
In connection with the resolution, I present a
memorial relating to the Loyal Creek claims. I move that it be
printed as a document (S. Doc. No. 000) together with the reso­
lution, and referred to the Committee ou Indian Affairs.
The' motion was agreed to.




1664

CONGRESSIONAL RECORD— SENATE.

F ebruary 1,

IMPROVEMENT OF POPHAM BEACH, MAINE.

November 9, 1906, and the restoration to them of all rights of
which they have been deprived on account thereof.
The VICE-PRESIDENT. The question is on agreeing to the
motion of the Senator from Ohio.
The motion was agreed to.
R e s o lv e d 6 th e S e n a te ( th e H o u s e o f R e p r e s e n ta tiv e s c o n c u r r in g ).
y
That the Secretary of W be, and he is hereby, authorized and directed
ar
Air. FORAKER. I inquire whether there is any Senator who
to cause a preliminary examination and survey to be made of I’opham desires to speak upon this measure at this time?
Beach, M
aine, with a view to the building of a bulkhead or break­
Air. McLAURIN. Air. President, I do not desire to speak
water along said beach for the protection of property of the United
States and to prevent the deposit of sand in navigable waters adjacent now, but I should like to have the Senator allow the bill to go
thereto.
over until to-morrow. I have an idea that probably I shall say
HOUSE BILLS REFEREED.
something on it at that time. I do not desire to speak now,
H. R. 6252. An act to promote the administration of justice in but, if I am going to speak at all, I will speak on it to-morrow,
the navy, was read twice by its title and referred to the Com­ unless some other Senator shall take the floor on it at that
mittee on Naval Affairs.
time.
The following bills were severally read twice by their titles
Air. FORAKER. The Senator is not prepared to proceed
and referred to the Committee on the Judiciary:
now-----H. R. 21635. An act to create a new division in the middle
Air. McLAURIN. I prefer not to proceed now.
judicial district of the State of Tennessee;
Air. FORAKER. But will speak to-morrow, if he cares to
H. R, 27311. An act amending chapter 591 of the United States speak at all. Under such circumstances, I think the bill may
Statutes at Large, Forty-sixth Congress, approved May 26,1900, go over until to-morrow. I give notice that I will renew the
entitled “An act to provide for the holding of a term of the cir­ motion at the conclusion of the routine morning business to­
cuit and district court of the United States at Superior, W is.; ” morrow.
and
Air. CULBERSON. Before the bill goes over-----H. R. 25155. An act to amend an act approved July 1, 1902,
The VICE-PRESIDENT. Does the Senator from Ohio yield
entitled “An act temporarily to provide for the administration to the Senator from Texas?
of the affairs of civil government in the Philippine Islands, and
Air. FORAKER. Certainly.
for other purposes,” was read twice by its title and referred to
Air. CULBERSON. Before the bill goes over, I will ask the
the Committee on the Philippines.
Senator if he will agree to this amendment at the end of sec­
The following bills were severally read twice by their titles tion 1 :
and referred to the Committee on Commerce:
P r o v id e d , That said report of the court of inquiry shall be approved
H. R. 25552. An act to amend an act entitled “An act to author­ by the President.
ize the construction of a bridge across the Monongahela River,
Air. ALDRICH. Air. President, as I am responsible, in a
in the State of Pennsylvania, by the Liberty Bridge Company,” sense, for the bill in its present form, I will say for myself
approved March 2, 1907; and
that I would not consent to the amendment suggested by the
H. R. 26466. An act to amend an act authorizing the construc­ Senator from Texas.
tion of a bridge across the Mississippi River at Burlington, Iowa.
Air. CULBERSON. I do not want to call attention to it i»
B L E O J C E LAND D R T
EL F TE B
IST IC ,
the shape of debate, Air. President, but I will say to the Sena­
The bill (H. R. 26062) authorizing the creation of a land dis­ tor from Rhode Island that the bill in its present form will
trict in the State of South Dakota, to be known as the Belle- authorize a court of inquiry to reverse an order of the Presi­
dent of the United States. I wanted the bill so framed. if
fourche land district, was read the first time by its title.
Mr. GAMBLE. I ask unanimous consent for the present con­ passed at all, that an executive order of the President as Com­
mander in Chief of the Army and Navy of the United States
sideration of the bill.
The VICE-PRESIDENT, The bill will be read for tbe in­ should not be reversed by a court of inquiry ipso facto.
Air. ALDRICH. This bill can not become a law unless with
formation of tbe Senate.
the approval of the President of the United States.
Tbe bill was read tbe second time, at length, as follows:
Air. CULBERSON. It cau become a law, Air. P r e s i d e n t, of
B e i t e n a c te d , e t c ,, That all that part of tbe State of South Dakota
lying within the following-described boundaries, to wit: Commencing at course, over the veto of the President. But the President may
a point where the township line between townships 18 and 19 north
intersects the boundary line between the States of South Dakota and approve such a bill as this, and yet he would not think that the*
Montana: thence east on the said township line to the northeast corner findings of a court of inquiry ought to reverse the executive
of township 18 north, of range 9 east; thence south along the range order of his predecessor or of himself. That is the point.
line between ranges 9 and 10 to a point where the same intersects the
Air. FORAKER. I do not want to take time to discuss that
third,standard parallel north; thence east on said third standard par­
allel north to the northeast corner of township 12 north, range 11 east: question now, but I will say to the Senator from Texas that
thence south along the range line between ranges 11 and 12 to where the if this bill should have the effect he suggests it would be be­
same intersects the township line between townships 6 and 7 north; cause it is an act of the Congress of the United States approved
thence west on said township line between townships G and 7 to a
point where the same intersects the boundary line between the States by the President; in other words, the law of the land; and the
of South Dakota and Wyoming; thence north on the boundary line law of the land is competent to revoke even an executive order,
between the States of South Dakota and W
yoming and Montana to the
point of beginning, be, and the same hereby is, constituted a new land especially with respect to a matter of this nature, wl ere the
district, to be known as the Bellefourcbe land district; and the United Congress, rather than the President, according to the view 1
States land office for said district is hereby located at the town of
Bellefourehe, in Butte County. That the President be, and he hereby entertain, has control of the matter anyway. But in view of
is, authorized to appoint, by and with the advice and consent of the what the Senator from Mississippi [Mr. M cL a u r i n ] has said, I
Senate, a register and a receiver for said land district, and they shall am willing that the bill may go over until to-morrow, when I
be subject to the same laws and be entitled to the same compensation shall renew the motion.
as is or may be hereafter provided by law in relation to the existing
Air. CT LBERSON. Let me understand the situation. As I
land offices and officers in said State.
The VICE-PRESIDENT. Is there objection to the present understand, this bill is not the unfinished business____
Air. FORAKER. No.
consideration of the bill?
Mr. CULBERSON. But is simply to be taken up at the con­
There being no objection, the bill was considered as in Com­
clusion of the routine morning business to-morrow.
mittee of the Whole.
Air. FORAKER. At the conclusion of the routine mornhiThe bill was reported to the Senate without amendment,
business to-morrow I will renew the motion to proceed to the
ordered to a third reading, read the third time, and passed.
Air. GAMBLE. I move that the bill (S. 7377) authorizing consideration of this bill. It not being 2 o’clock. we are in the
the creation of a land district in the State of South Dakota, to morning hour, and proceeding to the consideration of the bill
be known as the Bellefourehe land district, be indefinitely post­ under the motion does not make it the unfinished business. As
I understand, at 2 o’clock the unfinished business, of which the
poned.
Senator from Montana [Mr. Carter! has charge, will come up.
The motion was agreed to.
Mr. FRYE submitted tbe following concurrent resolution
(S. C. Res. 83), which was referred to the Committee on Com­
merce :

COMPANIES B, C, AND 1), TWENTY-FIFTH INFANTRY.

Air. FORAKER. I move that the Senate proceed to the con­
sideration of Senate bill 5729.
The VICE-PRESIDENT. The Senator from Ohio moves that
the Senate proceed to the consideration of a bill the title of
which will be stated.
the S ecretary. A bill (S. 5729) to correct the records and
authorize the reenlistment of certain noncommissioned officers
and enlisted men belonging to Companies B, C, and D, of the
-Twenty-fifth I nited States Infantry, who were discharged with­
out honor under Special Orders, No. 266, War Department,

executive session.
Air. FRYE. I regard it as important that there shall be an
executive session; and I move that the Senate proceed to con­
sider business in executive session.
Ih e motion was agreed to, there being on a division—ayes S3,
noes 18; and the Senate proceeded to the consideration of ox"
ecutive business. After thirty-five minutes spent in executive
session the doors were reopened.

TH C L N A —BILLS PA
E AEDR
SSED O E .
VB
Air. KEAN. We have not been upon the calendar for
days, and I suggest that we go to the calendar, under Rule A H**

1761

CONGRESSIONAL RECORD— SENATE.

1909.

H ouses ulllS lOOlUUg iu lu c u u ju isu u tu t

r ~ . -----, 7 T - /,

Mr. R IC H A R D SO N introduced a bill (S, 9083)

.

granting a

urged legislation to effect the adjustment. Realizing that it is diffi­ pension to Sarali J. Vaughan, which was read twice by its title
cult to enact legislation for this adjustment, when there are opposing
and referred to tbe Committee oil Pensions.
factions among me omcers wmieiucu, “ sibelieved that legists on
the officers concerned it
ructions
Mr. B R A N D E G E E introduced tbe following bills, which were
the form here set forth will give some relief to those officers most serh
ouslv hurt in promotion, not while on the active list, but it will enable severally read twdee by tlieir titles and referred to the Com­
them to retire with the grade they should, as a mattor of ^equ1ty, have
.
'
,,T
received while on the active list, and with pay on the retired list equal mittee on Pensions:
A bill (S . 9084) granting an increase of pension to George W .
to that of others whose services, merits, etc., were practically the same,
but who enjoyed higher rank and pay for many years on the actne R ow ley; and
.
T i
n
list There are but few officers of cavalry and infantry who can not
A bill (S . 9085) granting an increase of pension to Jolm c .
reach the grade before retirement to which their length of service enThe decent increase in the artillery will enable all officers who were Bushnell. R K E T T introduced a bill (S . 9086) granting an in­
Mr. B U
passed over in promotion by their juniors to reach the grade of colonel
crease of pension to Silas M . Clark, which was read twice Dy its
before retirement
The provisions of this proposed bill, if embodied as an amendment to title and referred to the Committee on Pensions.
the appropriation bill would require no separate appropriation, as the
Mr. C A R TE R (by request) introduced a bill (S. 9 0 5 .) grant­
usual appropriation for pay of the army would cover the few eases of
retirement under its provisions from time to time, in view of the many ing an increase of pension to Lizzie Lynch, which was read twice
and increasing number of deaths of officers now' on the retired list.
bv its title and referred to the Committee on Pensions.
This seems a just and equitable measure and meets with my ap­
Mr. D A N I E L introduced the f o l l o w i n g bills, w i n c h were sev­
proval.
T
„
erally read twice by their titles and referred to the Committee
Very respectfully,
Luke E. Weight,
S e c r e t a r y o f War.
The Hon. F rancis E. Warren,
A bill (S. 0088) for the relief of the estate of Iloiace L.
C h a irm a n

C o m m itte e

on

M ilita r y A ffa ir s ,
U n ite d S ta te s

S en a te.

The V IC E -r itE S ID E N T . Is there objection to the present
consideration o f the bill reported by tbe Senator from W yom ing?
There being no objection, the bill was considered as in Com­
mittee of the Whole.
The V IC E -P R E SID E N T . The question is on agreeing to the
amendment o f the Committee on Military Affairs, which has
been read.
T h e a m e n d m e n t w a s a g r e e d to .

The bill was reported to the Senate as amended, and the
amendment was concurred in.
T h e b ill w a s o r d e r e d to b e e n g ro s s e d f o r a t h i r d r e a d in g , r e a d

the t h i r d t i m e , a n d p a s s e d .
IM PROVEM ENT OF ANACORTES HARBOR, W A S H IN G T O N .

Mr. P ILE S, from the Committee on Commerce, to whom was
referred Senate concurrent resolution 85, submitted by himself
Yesterday, reported it without amendment, and it was cen­
t e r e d by unanimous consent and agreed to, as fo llow s:
r p tie to lv e d

by

th e

S en a te

( th e

H ou se

of

R ep r e se n ta tiv e s

c o n c u r r in g ),

*nat the Secretary of War he, and he is hereby, directed to cause a
survey to he made of the harbor at Anacortes, Wash., to determine the
L and advisability of its Improvement.
°st
BILLS INTRODUCED.

Mr. G A L L IN G E R introduced a bill (S. 90GS) granting a penBl°n to Abby A . Thompson, which was read twice by its title
aiul referred to the Committee on Pensions.
n Mr. T E L L E R introduced a bill (S . 9069) for the relief of the
?**ates of Jesse M. Blue and David Blue, which was read twice
J its title and referred to the Committee on Claims.
Mr. O W E N introduced a bill (S . 9070) providing for the
^ n o v a l of tbe restrictions from Indian lauds, and for other
Purposes, which was read twice by its title and referred to the
mnmittee on Indian Affairs.
V Mr- STO N E Introduced a bill (S . 9 0 .1 ) for the relief of the
of John Ruedi, deceased, which was read twice by its
, and referred to the Committee on Claims.
. M r. B A N K H E A D i n t r o d u c e d t h e f o l l o w i n g b i l l s , w h i c h w e r e
J j e r a l l y re a d tw ic e by th e ir title s a n d r e f e r r e d to th e C om ^ d t e e on C l a i m s •

, A bill
0072)
bei't deceased:
2 bill (S. 9073)
V bil1 (S. 9074)
A bill ( s . 9075)
deceased;
A bill ( s . 907G)
ueceasoa;

for the relief of the estate of Samuel L. Gilfor tbe relief of the estate of Andrew Reece;
for the relief of J. W . Murry, s r .;
for the relief o f the estate of James L. Rofor the relief of heirs of H . O. Kilpatrick,

^
(S. 9077) for the relief of James Barron;
A biff ( g . 9o78) for th0 rellcf 0f the heirs of Leonard Daniel,
l e a s e d ; and
t toll (S. 9079) for the relief of Belson W iley Owens
i Mr. PiLES introduced a bill <S. 9080) to amend An nett m a t
for ^ o p r l a t l o n s for sundry civil expenses o f the Govoramfflt
an ,,!1 ° f!scnl year ending June 30, 1909, and for otbei PJJTgJ1
*®’
rofj’w ? May 27, 1008, which was read twice by its title and
Ho
t0 tho Select Committee on Industrial Expositions,
to*? introduced a bill (S . 9081) granting an increase of
titio n® ,to I'dwa rd Thornberry, which was read twice by its
mitt ' ld’ with the accompanying papers, referred to the

M -

Pensions.

.

„

o f , I . , L° X (' introduced a hill (S. 9082) granting an nmrense
n aq ^M on to John L. Brady, which was read twice by its title
‘ orred to tlie Committee on Pensions.




K<A t bmeC( s ! e90 89 ?dfor the relief of the estate of W illiam L.
Hollis, deceased.
Mr. FO STE R introduced the following bills, winch were sev­
erally read twice by their titles and referred to tlie Committee
on C laim s:
,
. _
, T T,
A bill (S. 9090) for tlie relief of the heirs o f Joseph L. Ber­
nard and Anna Holmes Bernard;
A bill (S . 9091) for tbe relief of the estate of Patrick Doolmg,
d e c e a s e d ,(a n d ^ 2 ) for the relief of the Hibernia Bank and
Trust Company, o f New Orleans, La., successor to the Union
^ Mr. P A Y N T E R (by request) introduced a bill (S. 9093) for
tbe relief of Francis Geenty, which was read twice by its title
and, with the accompanying papers, referred to the Committee
on Claims.
Mr. W A R N E R introduced a bill (S. 9094) granting a pension
to John W . Toppas, which was read twice by its title and, with
the accompanying papers, referred to the Committee on Pensions.
Mr. B A IL E Y (by request) introduced a bill (S. 9095) grant­
ing an increase of pension to John W . Ragan, which was read
twice by its title and, with the accompanying papers, referred
to the Committee on Pensions.
Mr M A R T IN introduced a bill (S. 9096) granting an increase
o f pension to Ella Palmer, which was read twice by its title and
referred to the Committee on Pensions.
H e also introduced the following bills, which were set ei ally
read twice by their titles and, with the accompanying papers,
referred to the Committee on C la im s:
A bill (S . 9097) for the relief of Tyree Brothers, o f Norfolk,
' a\ b i i n s 9098) for the relief of James B. Clift, administrator
o f‘ the estate of John Clift, o f Stafford County, Va.
Mr PEN R O SE introduced the following bills, which were
severally read twice by their titles and referred to the Com1 *a ' hi 11U( S.1
1
*0099) for the relief of tbe estate of Samuel Fitz,
dccCti sed * find
\ bill (S . 9100) for the relief of H . J. Randolph Hemming.
He also introduced a bill (S . 9101) granting an increase of
pension to Alexander Patterson, which was read twice bj
title and referred to the Committee on Pensions
„
H e also introduced the following bills, which were soieiaiiy
refd tw k e by their titles and, with the accompanying papers,
T'pforrid to the Committee on Pensions.
\ bill (S . 9102) granting an increase o f pension to Mi aim
V A* bill Tsd 9103) granting an increase of pension to Robert
McIntosh.

amendMENTS t0

a p p r o p r ia t io n

b il l s .

\rr CTTLLOM submitted an amendment proposing to appro­
priate $5000 for tbe erection on the brink of the Grand
Canyon, in the Grand Canyon Forest Reserve in Arizona, o f a
memorial to the late John W esley Powell, etc intended to be
proposed bv him to the sundry civil appropriation bill, which
was referred to the Committee on the Library and ordered to
be^itrln t^ooT Sllbmitted nn amendment proposing to appropri­
ate $25 000 for the establishing of a fish-cultural station at some
suitable point in the State of Utah, intended to be proposed by
him to tlie sundry civil appropriation bill, which was referred
to the Committee on Fisheries and ordered to be printed.




CONGRESSIONAL RECORD— SENATE.

1762

FEBRUARY 3,

The VICE-PRESIDENT. Morning business has not been con­
He also submitted an amendment proposing to appropriate
$5,000 to increase the limit of cost for the public building at cluded.
Provo, Utah, intended to be proposed by him to the sundry
Mr. HALE, Let that be concluded, Mr. President, before ether
civil appropriation bill, which was referred to the Committee business Intervenes.
on Public Buildings and Grounds and ordered to be printed.
The VICE-PRESIDENT. The Senator from Maine demands
Mr. OWEN submitted an amendment authorizing the Secre-ll the regular order.
tary of the Interior to issue a patent in fee to the Benedlctinc|
CLERKS AND MESSENGERS TO SENATORS.
Fathers of Sacred Heart Abbey, Oklahoma, for certain lands re-!
served for and occupied by the Sacred Heart Mission, etc., in­
Mr. CULBERSON submitted the following resolution (S. Res.
tended to be proposed by him to the Indian appropriation bill, 276), which was referred to the Committee on Appropriations;
which was ordered to be printed and, with the accompanying
R e s o l v e d , That on and after July 1, 1909, the Secretary of the Senate
paper, referred to the Committee on Indian Affairs.
^
is hereby directed to pay out of the contingent fund of the Senate the
sum of $420 per annum, in equal monthly payments, to clerks to Sen­
Mr. HEYBURN submitted an amendment providing for tffe
ore than $1,800 per annum ; and. that the Secretary
adjudication of the claims of Neils Anderson and William ators not receiving m
of the Senate is further directed to pay out of the contingent fund of
Winchell and others whose land or improvements have been the Senate the sum of $540 per annum, in equal monthly payments, to
damaged by reason of the construction of reservoirs or canals messengers to Senators who do not now receive more than $900 per an­
in connection with irrigating lands on the Fort Hall Indian num, until otherwise provided by law.
Reservation, etc., intended to be proposed by him to the Indian
H U B LRF R E .
O SE IL E E R D
appropriation bill, which was referred to the Committee on In­
H. R. 2G915. An act making appropriation for the support of
dian Affairs and ordered to be printed,
Mr. SCOTT submitted an amendment proposing to appro­ the army for the fiscal year ending June 30, 1910, was read
priate $S,400 to equip certain suburban school buildings in the twice by its title and referred to the Committee on Military Af­
District of Columbia with stationary chemical fire-extinguishing fairs,
NATIONAL CURRENCY ASSOCIATIONS.
appliances, intended to be proposed by him to the general de­
ficiency appropriation bill, which was referred to the Committee
The VICE-PRESIDENT. The morning business is closed, and
on Appropriations and ordered to be printed.
the Chair lays before the Senate a resolution coming ever under
Mr, DIXON submitted an amendment authorizing the Secre­ the rule, which will be read.
tary of the Treasury, upon requisition by the Secretary of the
The Secretary read the resolution (S. Res. 271) submitted by
Interior, to advance to disbursing officers of the Government Mr. Clay on the 1st instant, as follows:
such sums as in the discretion of the Secretary of the Interior
R e s o lv e d , That the Secretary of the Treasury be, and he is hereby
may be necessary to meet the current and contingent expenses directed to transmit to the Senate the names of the national currency
of the work between the Office of Indian Affairs and other associations formed under the act approved M 30, 1908, known as a1
ay
1
bureaus of the Government, etc., intended to be proposed by act to amend the national banking laws, the names and location of the
banks composing each association, the principal place of business of each
him to the Indian appropriation bill; which was ordered to be association thus formed, the name and location of each bank belonging
printed and, with the accompanying paper, referred to the to any national currency association applying for an issue of additional
circulating notes under the provisions of the act approved M 30. 15)08,
av
Committee on Indian Affairs.
IMPROVEMENT OF BLAINE HARBOR, WASHINGTON.
Mr. PILES submitted the following concurrent resolution
(S. C. Res. 86), which was referred to the Committee on Com­
merce :
R eso lv ed b y

th e

S e n a te

( th e H o u s e

o f R e p r e s e n t a tiv e s

c o n c u r r in g )

together with a list of the securities deposited for the redemption of
such notes and the total amount of notes issued under this provision
law.

Mr. CLAY. Let the resolution lie on the table, subject to my
call, .Mr. President.
The VICE-PRESIDENT. It will be so ordered, in the absence
of objection.

That the Secretary of W be. and he is hereby, directed to cause a
ar
survey to be made of the harbor at Blaine, W
ash., to determine the R L T N B T E N C N R SS A D TH E E U IV DEPARTM NTS.
E A IO S E W E O G E N
E XCT E
E
cost and advisability of its Improvement.
TARIFF STATISTICS.
Mr. CUMMINS.
I submit a resolution and ask unanimous
consent for its immediate consideration.
The resolution (S. Res. 275) was read, as follows:
R e s o lv e d , That the Secretary of the Treasury he, and he is hereby,
directed to inform the Senate as soon as practicable upon the matters
following, to wit:
First. W was the aggregate amount received by the United States
hat
as duties upon imports during the last year upon those items, articles,
or commodities upon which specific duties only are imposed?
Second. W
hat was the aggregate amount received by the United
States as duties upon imports during the same period upon those items,
articles, or commodities upon which an ad valorem duty is imposed,
or both a specific and an ad valorem duty?
Third. W was the entire expense of administering the law at the
bat
various ports of entry during the same period, not including any part
of the expense of the office of the Secretary of the Treasury at W
ash­
ington?
Fourth. W was the expense during the same period of adminis­
hat
tering at the several ports of entry that part of the law which im­
poses ad valorem duties either partially or wholly, not including the
office of the Secretary of the Treasury at Washington?
Fifth. What was the aggregate value of Imports during the same
period paying specific duties alone?
Sixth. What was the aggregate value of imports during the same
period paying ad valorem duties either In whole or in part?
Seventh. If ail import duties had been specific during the same
period, to what extent would the expense of administering the law
have been diminished? Be it further
R e s o l v e d , That in construing the phrase “ the last year ” the Sec­
retary of the Treasury may take any period of twelve successive cal­
endar months ending not earlier than June 30, 1908.

The VICE-PRESIDENT. Is there objection to the present
consideration of the resolution?
Mr. HALE. It is a very extended and complicated resolution.
I move that it be referred to the Committee on Finance.
The motion was agreed to.

Mr. TELLER. Mr. President, some days ago I gave notice
that I would this morning call up Senate resolution 248, f ° r
the purpose of submitting a few remarks on It. I ask that R
may now lie laid before the Senate.
The VICE-PRESIDENT. The Chair lays before the S e n a te
the resolution referred to by the Senator from Colorado, which
will be read.
The Secretary read Senate resolution 248, submitted by Mr.
B acon January 13,1909, as follows:
R e s o lv e d , That any and every public document, paper, or record.
copy thereof on the files of any department of the Government relating
to any subject whatever over which Congress has any grant of power,
jurisdiction, or control under the Constitution, and anv information
relative thereto within the possession of the officers of the department,
is subject to the call or inspection of the Senate for its use in the
exercise of its constitutional powers and jurisdiction.

Mr. TELLER. Mr. President, In the closing days of H,e
session I should not feel justified In taking tip the time of the
Senate except upon a matter of some importance. The resolu­
tion just read, under present conditions, seems to me to be of
such importance to the Senate. I do not intend to spend any
great length of time over It, but I wish to call attention to the
report which was read In part here the other day, made in
by the Judiciary Committee of the .Senate, also to call atten­
tion to the report of the Attorney-General, made in 1854, and
to make some allusion to the precedents which have been es­
tablished by the Senate, beginning away back In the early his­
tory of the existence of our Government.

Mr. President, I do not contend that precedents made in the
Senate are binding upon the Senate ns precedents made by the
courts of the country are binding on those courts; but prece­
dents have everywhere been recognized as at least of sufficient
SALE OF INTOXICANTS TO INDIANS.
force to apply on every subject that has been discussed amongst
. Mr. OWEN. Mr. President, I ask for the present considera-j men. A precedent derives Its force and importance from those
tion of the bill (S. 8553) to amend section 1 of an act approved who make it, the conditions under which it was made, am*
I January 30, 1897, entitled “An act to prohibit the sale of in- the length of time which has elapsed during which it has been
I toxicatlng drinks to Indians, providing penalties therefor, and adhered to.
[f o r o t iie r purposes.”
I know very well, Mr. President, that usage can not change 3
dent 3
*
^ as t r u i n g business been concluded, Mr._P r e y law. It may sometimes establish a rule of conduct, and >[
continued for many centuries, it becomes, perhaps, of sufficien

CONGRESSIONAL RECORD— SENATE

1009.

for which such person shall he punished on information in the district
court of the United States; and it shall he the duty of the United States
district attorney, on the certification of the facts to lnm by such naval
court to tile an information against and prosecute the person so offend­
ing, and the punishment of such person, on conviction, shall he a nne
of not more than $500 or imprisonment not to exceed six months, or
both, at the discretion of the court : P r o v i d e d , That this shall not apply
to persons residing beyond the State,_Territory, or ltistrict^ m wdiicli
_
ch navi
dered said witness, such amounts t o he paid by the Bureau of Supplies
and Accounts out of the appropriation for compensation of witnesses:
P r o v i d e d f u r t h e r , That no witness shall be compelled to incriminate
himself or to answer any question which may tend to incriminate or
degrade him.
'
, , .
G . 13. That the depositions of witnesses may be taken on reason­
eo
able notice to the opposite party, and, when duly authenticated, may be
put in evidence before naval courts in cases not capital, as follows :
First, depositions of civilian witnesses residing outside the Mate. Ter­
ritory. or District in which a naval court is ordered to sit; second,
depositions of persons in the naval or military service stationed or re­
siding outside, the State, Territory, or District in which a naval court
is ordered to sit, or who are under orders to go outside of such State,
Territory, or District; third, where such naval court is convened. on
hoard a vessel of the United States, or at a naval station not within
anv State, Territory, or District of the United States, the depositions
of witnesses may be taken and used as herein provided whenever such
witnesses reside or are stationed at such u distance from the place where
said naval court is ordered to sit, or are about to go to such a distance
as. in the judgment of the convening authority, would render it imprac­
ticable to secure their personal attendance.
.
...
Sec. 14. That all acts or parts of acts inconsistent herewith are
hereby repealed.
The amendment tvas agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The amendment was ordered to be engrossed and tlie bill to
be read the third time.
The Dill was read the third time and passed.
Mr. P E R K IN S. I move that tlie House be requested to re­
turn to the Senate the bill (S. 7872) to promote the administra­
tion of justice in the navy.
The motion was agreed to.
Mr. P E R K IN S . I enter a motion to reconsider the vote by
which the Senate hill 7872 was ordered to a third reading and
bassed.
_
JOHN M. BBYAN, JR.
' Mr. O W EN . T am directed by the Committee on rublie Lands,
to whom was referred the bill (S. 8555) to relinquish the interest
of the United States in and to certain lands in Dade County, Fla.,
to John M. Bryan, jr., to report it favorably with an amend­
ment, and I submit a report (No. 914) thereon. I ask for the
present consideration of the bill.
\ The Secretary read the bill.
V Mr. T A L IA F E R R O . I ask that tlie bill may go over until I
can look into it.
The V IC E -P R E SID E N T. Objection to present consideration
8 made. The bill will go to the calendar.
Mr. T A L IA F E R R O subsequently said: I wish to withdraw
the objection to the consideration of Senate bill 8555, that was
fead a moment ago.
There being no objection, the Senate, as In Committee o f the
whole, proceeded to consider the bill.
^
The amendment of the Committee on Public Lands was, at
the end of the bill to insert:

?a<l patent shall Issue therefor: P r o v i d e d . The said John M Bryan,
.
jr* Pay $1.25 an acre for the land referred to prior to the Issuance of
“e patent to him.
The amendment was agreed to.
The bill was reported to the Senate ns amended, and the
bioiidniont was concurred in.
..
The bill was ordered to he engrossed for a third reading, read
he third time, and passed.
BILLS INTRODUCED.
Mr. F R Y E introduced a bill (S . 9104) granting an increase
Pension to James H. Little, which was read twice by its title
h d , with the accompanying papers, referred t o the C o m m i t t e e

0 1 Pensions.
1
m . , ’ ( 'ULLOM (for Mr. H o pk in s ) introduced the following
which were severally read twice by their titles and reto ’the Committee on Pensions:
^hhgha (S ‘ 9105 > granting an increase of pension to Hattie A.

tioned at Pensacola, Fla., during the hurricane, September,
190G, which was read twice by its title and referred to the Com­
mittee on Claims.
He also introduced the following hills, which were severally
read twice by their titles and referred to the Committee on
Pensions:
A bill (S. 9111) granting an increase of pension to Ida Clark;
and
A hill (S. 9112) granting an increase of pension to John W .
Dunahey.
Mr. F R A Z IE R introduced a bill (S. 9113) for the relief of
Mrs. George M. Goodwin, which was read twice by its title and
referred to the Committee on Claims.
He also introduced the following bills, which were severally
lead twice by their titles and, with the accompanying papers,
referred to the Committee on C laim s:
A bill (8 . 9114) for the relief of the heirs at law o f James B.
H i ll; and
A bill (S. 9115) for the relief of Abraham Slover.
Mr. G ALLIN G E R (by request) introduced a bill (S. 911G) to
incorporate the American Academy of Medicine, which was read
twice by its title and, with the accompanying paper, referred to
the Committee on the Judiciary.
Mr. PEN RO SE introduced a bill (S. 9117) for tlie relief of
Nathan Van Beil and others, which was read twice by its title
and referred to the Committee on Claims.
Mr. SU TH ER LA N D introduced a bill (S. 9118) granting an
increase of pension to Culbert King, which was read twice by
its title and referred to the Committee on Pensions.
Mr. W E T M O R E introduced a hill (S. 9119) granting an in­
crease of pension to Isabella Morrison, which was read twice by
its title and, with the accompanying paper, referred to the Com­
mittee on Pensions.
Mr. O VER M AN introduced a bill (S. 9120) for the relief of
Marshall Leviner, which was read twice by its title and, vyith
the accompanying papers, referred to the Committee on Claims.
He also introduced the following bills, which were severally
read twice by their titles and, with the accompanying papers,
referred to the Committee on Pensions:
A bill (S. 9121) granting a pension to Zennie Stanton; and
A bill (S. 9122) granting an increase of pension to Stephen M.
uekner.
Mr. GORE introduced a bill (S. 9123) to increase the limit of
ost for erection of a certain post-office building at Oklahoma
. ity, Okla., which was read twice by its title and referred to
the* Committee on rublie Buildings and Grounds.
He also introduced a bill (S. 9124) to authorize the Secretary
of the Interior to grant rights of way across the segregated coal
lands to cities in Oklahoma for public improvements, and for
other purposes, which was read twice by its title and referred
to the Committee on Public Lands.
.
,,
Mr SM ITH of Maryland introduced a bill (S. 912o) for the
relief of the heirs of Frederick S. Poole, deceased, which was
read twice by its title and referred to the Committee on Claims.
Mr. O VERM AN introduced a bill (S. 9120) granting an in­
crease of pension to Wilson Carter, which was read twice by its
title and, with tlie accompanying paper, referred to the Com­
mittee on Pensions.
Mr. D A N IE L introduced a bill (S. 9127) for the relief of
Isaac W . Airey, which was read twice by its title and referred
to the Committee on Claims.
Mr. W A R N E R introduced a bill (S. 9128) granting an in­
crease of pension to Elizabeth Benton Hughes, which was read
twice by its title and, with the accompanying papers, referred
to the Committee on Pensions.
. . ,
,
Mr. RIC H AR D SO N (by request) introduced a joint resolu­
tion (S. R. 125) proposing an amendment to the Constitution
acknowledging the Deity "in this foundation document of tlie
Government, which was read twice by its title and refeiied to
the Committee on the Judiciary.
.e „
Mr. W A R R E N introduced a joint resolution (S. R. 120) au­
thorizing the Secretary of War to donate six condemned can­
non to the city of Cheyenne, Wyo., which was read twice by its
title and referred to the Committee on Military Affairs.

Mr. BEVERIDGE.
MUkeiv

(S ‘ ° 10G) ^m ating an increase of pension to John F.

| jA

(8 , 9107) granting nn increase of pension to Mary J.
(with an accompanying paper) ;
. T
.
(j » *91 ( S. 9108) granting un Increase of pension to Leander
a *i mSon (with the accompanying papers); and
Rapo" '
granting an increase of pension to I nah L.
M.. w'M* tlie accompanying papers).
of‘ ( * McC C M B EU introduced a bill (S. 9110) for the relief
'-onunander William S. Hogg, U. S. Navy, and others sta­




1827

FARCELS-rO SYSTEM
ST
.
I introduce a joint resolution, and I ask

that it be read.
„
The joint resolution (S. R. 124) authorizing the PostmasterGeneral to test in not to exceed four counties and report to Con­
gress tlie practicability and expense of a rural parcel-post sys­
tem confined entirely to rural routes, was read the first time by
its title and the second time at length, as follow s:
R e s o l v e d e t c , That the rostmaster-General be authorized and directed
to esneriment and report to Congress on the 1st day of Decem
ber,
V'li't the practicability and expense of establishing a rural parcel-post
evstem on the rural-delivery routes throughout the United States, said




1828

CONGRESSIONAL RECORD— SENATE.

test or experiment to be confined exclusively to rural-delivery routes in
not to exceed four counties in the United States for packages of fourthclass matter originating on a rural route or at its distributing post-office
for delivery by rural carriers to the patrons thereof. That for the
above-mentioned purpose rates of postage on such parcels shall be as
follows: Five cents for the first pound and 2 cents for each additional
pound or fraction thereof; on parcels weighing 1 pound or less, 5 cents:
P r o v id e d , That no package weighing more than 11 pounds shall be re­
ceived for conveyance under the provisions hereof.
Mr, BEVERIDGE. Mr. President, I do not ask for tlie
present consideration of the joint resolution, but that it may
lie on the table for the present. But at an early day I shall
ask that it be taken up and considered. However, I do at this
time crave the indulgence of the Senate for two or three minutes
for some brief words of explanation.
There have been many objections to this country’s adoption
of the parcels-post system. The point has been made that it
would injure the dealers in small towns by concentrating the
trade in the cities.
It has occurred to me, upon reading the recommendation of
the Postmaster-General and because of a letter to the Post­
master-General from a postmaster in my own State, which he
asked to be referred to me, and which the Postmaster-General
has referred to me, that the oniy way of determining the
validity of the objections to a parcels-post system on the one
hand or its usefulness to the people on the other hand, would
be by an experiment to be made in three or four counties of
the country. If it proves impracticable, certainly little injury
can result.
I ask that the letter of the Postmaster-General transmitting
the letter from Postmaster Starr, of Goshen, Ind., shall be in­
corporated in my remarks without reading.
The VICE-PRESIDENT. Without objection, permission is
granted.
The matter referred to is as follows:
United States Post-Office,

, I n d ., J a n u a r y 22, 1909.
, D . C.
Sir : Referring to that portion of your interesting and comprehensive
report for the fiscal year ended June 30, 1908, in which vou recommend
that the “ Postmaster-General be authorized to establish experimentally
a limited parcels post, confined entirely to rural deliverv routes in not
to exceed four counties in the United States,” for the purpose of testing
the practicability of such a system, I beg to assure you that, in m
y
opinion, the suggestion is timely and worthy of adoption. Such a prac­
tical test would be educational and tend to dispel opposition existing in
the minds of some people who, perhaps, have not considered the matter
from the right view point.
In this connection, I beg to state that I would be very glad indeed If
Elkhart County might be one of the four counties designated for the
experiment in the event your excellent recommendation is carried into
effect. In support of this suggestion it occurs to m that some very
e
good reasons can be given in favor of Elkhart County, namely:
Complete county service Is well established; service is never susended on account of bad roads, and I believe that the condition of the
ighways throughout the county is above the average.
Elkhart County has a population of about 50,000, Goshen, the countv
seat, having an estimated population for city directory purposes in 190(3
of 10,905; and Elkhart, the largest city in the county, claims about
18.000 inhabitants, while Nappanee, W
akarusa, M
Iddlebury, M
illersburg,
Bristol, and New Paris are thriving towns rating in size and impor­
tance in the order named.
The merchants In all the cities and towns named are enterprising,
and the rural population comprises a thrifty people and above the
average in intelligence.
Therefore it seems to me that conditions existing here are favorable
to giving the system a fair test in a rural community, and I respect­
fully submit the matter for your consideration.
If you deem it expedient, I would be glad to have this communica­
tion transmitted to the Hon. Albert ,T Beveridge, senior Senator from
.
Indiana, with whatever suggestion you desire to m
ake, or, upon your
advice, I will write to M Beveridge regarding the subject.
r.
Very respectfully,
The honorable Postmaster-General,

G o sh e n

P o st-O ffic e D e p a r t m e n t, W a s h in g to n

E

Martin

Office

V.

Starr, Postmaster.

Postmaster-General,

of the

W a s h in g t o n , D . C ., J a n u a r y 29, 1909.

M pear Senator: I beg leave to transmit herewith, in compliance
v
with the suggestion of M Martin V Starr, postmaster of Goshen,
r.
.
Ind., a copy of his letter to me of the 22d instant, concerning the estab­
lishment of a special local parcels post on rural-delfrery routes.
M Starr has been advised of this action.
r.
Faithfully, yours,
Hon. A lbert J. Beveridge,
U n ite d

M a tes

George V L. Meyer.
.

S e n a te .

Mr. BEVERIDGE. I ask also that the paragraph of the Post­
master-General's report upon this subject shall be incorporated
w ith o u t reading.
The VICE-PRESIDENT, Without objection, permission is
granted.
The matter referred to is as follows:

F ebruary 4 ,

tions as the Postmaster-General may deem advisable; and that no parcel
shall be accepted from any person acting as representative for any per­
son or company not a resident on such rural delivery routes or in the
town from which they emanate, and that only such parcels shall be
received for delivery at the special rates of postage as are offered by
bona fide merchants or dealers whose regular places of business are on
such rural delivery routes in the ordinary and regular course of their
business and in their individual capacity" by residents on such routes.
The result of the experiment to be reported to Congress at the beginning
of the Sixty-first Congress.

Mr. BEVERIDGE. Now for the explanation. This joint res­
olution is precisely the same kind of a joint resolution by which
the practicability and usefulness to the people of rural free de­
livery was originally tested. It provides that four counties
shall be selected by the Postmaster-General. These counties are
not to be contiguous, but are scattered over the country. If he
should be given this authority this is exactly what would
occur in each of those counties: A farmer living any place in
the county and not having time to spare from his work to go to
town to order anything that he might need, groceries or anything
else, would write a postal card, a letter, or he would telephone
to the nearest town and have the merchant send his purchases
by that day’s rural delivery. It thus would seem, that, upon
the one hand, the trade of every town, small as well as large,
would be increased; and, on the other hand, that the time of
the purchaser would be saved.
The prices that are named for this service in the joint reso­
lution have been carefully computed. They are about the same
as those now charged by express companies for a like service;
but, of course, this is a service which express companies can
not do. So, on the one hand, the trade of the towns will be
increased, and, on the other hand, the convenience of the people
of the country would be subserved.
I f any injurious effects resulted it would be confined to these
four counties, scattered throughout the whole Republic, and it
would last for less than six months. Certainly it would throw
great light upon the feasibility of the entire project.
Just one further word. By reason of some closeness of com*
immication with the farmers of the country for the past two
or three years on another subject, and from-a large correspond­
ence with them, I know, as a matter of fact, that this experi­
ment is not only desired by the rural population of the United
States, but is demanded by them.
I think, Mr. President, that is all I have to say in general
explanation of the joint resolution, and I am very much o b lig e d
to the Senate for its courtesy in permitting' me to say this
much at this time, out of order. In a few days I shall ask that
the resolution be taken from the table; and I shall then submit
further considerations in its support.
Mr. TILLMAN. Would the Senator from Indiana he kind
enough to answer me a question?
Mr. BEVERIDGE. I will if I can.
Mr. TILLMAN. The Senator said it was doubtful in the
minds of a great many whether a parcels post would be good
for this country or not. I think I caught that expression.
Mr. BEVERIDGE. Yes; there is doubt.
.
Mr. TILLMAN. Is not a parcels post in existence in alm ost
every country in Europe?
Mr. BEVERIDGE. Yes.
Mr. TILLMAN. It is not confined to rural routes, because
they have not anything there like we have here.
I want to ask the Senator why we should confine the parcelpost to rural routes.
Mr. BEVERIDGE. In answer to the Senator’s very clear
and intelligent question, I will say that I do not know that u
should be confined to rural routes. The purpose of the joint
resolution-----Mr. TILLMAN. I understand the purpose perfectly well*
Mr. BEVERIDGE. It is merely to test this system in
most limited and immediately practicable way: that is all.
Mr. TILLMAN. In the hope that if we drive the point
the wedge in we will then drive it up?
. r
Mr. BEVERIDGE. Not to do anything one way or the o 1 n
except to get light on the subject Light on the subject « '1
shed by this experiment. I f it is bad it can not hurt anj M .
and will give us light. If it is good it can help everybody
also give us light. In either event we get information v
we otherwise can not possibly have.
rk_
Mr. TILLMAN. We already have information as to the « «
ing of the parcels-post system in European countries.
_ . j
Mr. BEVERIDGE. Certainly, in European countries;
the point has been made on this fioor in the discussion o
postal savings banks bill that conditions in this country

In order to demonstrate that this recommendation is a valuable one
ascertain its practicability on the rural routes throughout the
united States, I urge that the Postmaster-General be authorized and
directed to establish experimentally a limited local parcels post, confined uimilfir fn j ho ormdifintist in Klirnnenil countries.
T?«t& « ! ° * rui? 1 dcllf e ry roiltps in n o t t0 exceed fo u r counties in the I o r m a v

U SgS,” W

S A S f S

I“

patrons thereof at such special rates of postage and under such regtila- I its

no t be a

g o o d p o in t.

1lull

M v m in d i s p e r f e c tl y op e n -

a devotee Of tho parcels-post Idea
opponent upon the Other hand; but what

the

Nation-1

\

so-called “ rural parcels-post” and “ postal savings b a n k s'’
bills, which were referred to the Committee on Post-Offices and
Post-Roads.
Mr. B U R N H A M presented petitions of sundry citizens of
Merrimac, Rye, Milton, and W est Thornton, all in the State of
New Hampshire, and of Olympia, W ash., praying for the pas­
sage of the so-called “ rural parcels-post” and “ postal savings
banks” bills, which were referred to the Committee on PostOffices and Post-Roads.
Mr. A N K E N Y presented a memorial of sundry citizens of
North Yakima, W ash., and a memorial of sundry citizens of
Ephrata, W ash., remonstrating against the passage of the socalled “ rural parcels-post” bill, which were referred to the
Committee on Post-Offices and Post-Roads.
Mr. C U R T IS presented a petition of sundry citizens o f Effing­
ham, Ivans., and a petition of sundry citizens of Winona, Kans.,
Praying for the enactment of legislation to prohibit the inter­
state transportation of intoxicating liquors, which were referred
to the Committee on the Judiciary.
He also presented a memorial o f sundry citizens of Englevale,
Kans., remonstrating against the enactment of any legislation
proposing to change the present mail service in that city, which
was referred to the Committee on Post-Offices and Post-Roads.
Mr. T E L L E R presented a joint resolution o f the legislature of
Colorado, which was referred to the Committee on Military
Affairs and ordered to he printed in the R ecord, as follow s:
O f f ic e
t-S ited S t a t e s

of

S tat e of C olorado ,
of t h e S ecretary of S t a t e .

A m e r ic a , Stale of Colorado, s s :

CERTIFICATE.

, b Jam B. Tcarce, secretary of state of the State of Colorado, do
us
hereby certify H
int the foregoing joint resolution of the seventeenth
general assembly of the State of Colorado, passed and adopted at the
K'suiar session thereof, is a true and correct copy of the original joint
^solution now on hie in the office of the secretary of state.
In testimony whereof I have hereunto set m hand and affixed the
y
Sjeat seal of the State of Colorado, at the city of Denver, this 29th day
^ January, A. D. 1909.
[ seal .I

J a m e s B. P earce .
S ec reta ry

of

S ta te .

Senate joint resolution 1. By Senator Bolin.
Whereas, by the acts of May 15, 1828, and of June 7, 1832, granting
,'!!! P during life to the surviving officers and enlisted men of the
ay

Llm.v. Navy, and Marine Corps who served with credit during the
evolutionary War, the Congress of the United States established a
decedent for the reward of patriots who offered their lives in defense
, the liberties of their country and of the Constitution of the Lmtcd
Qotes; and
C

tJRW **

it has been the policy of this country from the heginnmg to
®aintain a small Recular Army, and in tim of wai to rely upon tne
e
j^triotism of the people to rally as volunteers in defense of the flag of
. Whereas’ it°is a recognized fact that the civil war. 1861 to 1865,

| jf i S

1891

CONGRESSIONAL RECORD— SENATE.

1909.

S

S S 'S l s F l S f e o t

" herons the Congress of the United ^ t^ V X n fe e r Armv should
{^frequent pledges that the services of the \o unteei Arw.

.(’by rewarded and recognized by a grateful country , ai

unteor

retired pay to the officer’s of the Regular Army and Navy, bajed
A iU on the ground that they had served with cr^it during tne c^
v >
of v;,ana thc act of 1905, providing for the «ttjement. ofofficers
0 unteers, namely, Generals Joseph R. H&wlej and !•
m t 0#
A f t * ™nk and pay of brigadier-generals, wore ack:
civil b (?atlons incurred by the Congress of the United States
IP tbo ? «»«e .n j Horn* tf
W
of the United States a bill entitled A blil to create in tne
‘Cv
Miiand N;ivy departments, respectively, ® ™ to he km
11
. , nr.

month"1 i'lk pay In‘pro^rtffin m their pedods of service : Therefore
, e1
8
of the State of

r y t * r

„f the Volunteer
edit in the great

....... I .....

by
bestowed upon the officers who served In the
'<
'1
N .t iona 1
I, me acts of iq*>K qnj ikro and should receive front tnt - ai .
to those which have heretof*°re wIifD b'tnors and emoluments equal toved iu time 'h lliivc in u ”
,t
u'tlU of war " <ieb‘bS
f.
bestowed upon any officer who ser

aliove
to aid in the prompt enactment Into |aw
y'®Jffiontloncd. that the suvtiving officers of
-?r“rid
■’ and Marine Corps may, upon application, receive tb I .




emoluments to which they are justly entitled by the reason of their
services during the civil war and precedents heretofore established.
A s o l v e d f u r t h e r , That, in our opinion, as such survivors constitute
‘c
but a small remnant of that body of gallant men who led the Union
forces to final victory, and their ranks are being rapidly depleted, the
Congress of the United States should lose no time in redeeming the
obligations to these men made by the Thirty-seventh, Thirty-eighth, and
Thirty-ninth Congresses of the United States.
S teph en R. F itzgerald,

II.
S p eaker

of

P r e s id e n t o f th c S e n a te .

L. L itbers,

th e H o u s e

of

R e p r e se n ta tiv e s.

Approved this 29th day of January, A. D. 1909.

J ohn F. S hafrotii ,

G overn or

of

th e S ta te

of

C o lo r a d o .

Mr. B U R K E T T presented sundry affidavits to accompany the
bill (S . 8914) granting an increase o f pension to W illiam Fifer,
which were referred to the Committee on Pensions.
He also presented a paper to accompany the bill (S. 8141)
granting a pension to Sarah J. Fulton, which w as referred to the
Committee on Pensions.
Mr. S M IT H of Michigan presented a memorial o f the Michi­
gan Chapter, American Institute o f Architects, of Michigan,
remonstrating against the enactment o f legislation providing
for the erection of the proposed Lincoln memorial in the vicinity
o f the Union Station, Washington, D. C., which was referred to
the Committee on the Library.
Mr. CULLOM presented memorials o f Charles E. Hovey Post,
No. 786, of N orm al; of Loomis Post, No. 100, of Du Quoin; and
of Kansas Post, No. 405, of Kansas, all o f the Department
of Illinois, Grand Arm y of the Republic, in the State of Illinois,
remonstrating against the enactment of legislation providing
for the consolidation o f certain pension agencies throughout
the country, which were referred to the Committee on Pensions.
Mr. G A L L IN G E R presented petitions o f the National
W om an’s Christian Temperance Union, of sundry citizens, and
of the Georgetown Citizens’ Association, all in the District of
Columbia, praying for the adoption of certain amendments to
the present excise law regulating the sale of intoxicating liquors
in the District of Columbia, which were referred to the Com­
mittee on the District o f Columbia.
Mr. IIA Y N E R presented a petition of sundry citizens o f the
State of Maryland, praying for the passage o f the so-called
” rural parcels-post ” and “ postal savings banks ” bills, which
w as referred to the Committee on Post-Offices and Post-Roads.
Mr. D E P E W presented a petition o f Barre Grange, No. 1026,
Patrons of Husbandry, of Albion, N. Y., and a petition of Mount
Hope Grange, No. 902, Patrons o f Husbandry, o f Wappmgers
Falls, N. Y., praying for the passage of the so-called " rural
parcels-post” and “ postal savings b an k s” bills, which were re­
ferred to the Committee on Post-Offices and Post-Roads.
He also presented a petition of sundry business firms o f the
State of New York, praying that the Government of Cuba be
p r e v a ile d upon to recognize roasted coffee as being a product
of the industry of the United States and entitled to certain
benefits under the reciprocity agreement between the Republic
of Cuba and the Government o f the United States, which was
referred to the Committee on Finance.
.
Mr P AGE presented a petition o f the Local Branch, Asiatic
Exclusion League of North America, o f San Francisco, Cal.,
praving for the enactment of legislation to prohibit the inunigiatioii of all Asiatics into the United States except, merchants,
students, and travelers, and remonstrating against the extension
o f ilie right of naturalization to Asiatics, which was referred to
the Committee on Immigration.
He also presented petitions of sundry c itiz e n s of St. Albans
Bav, Bennington, Pittsfield, and Chittenden, all in the State of
Vermont, praying for the passage o f the so-called ‘ r u r a l parce sp o st” and “ postal savings b an k s” hills, which were refen d to
the Committee on Post-Offices and Post-Roads.
beports of c o m m it t e e s .

Mr SCOTT from the Committee on the District of Columbia,
to ‘whom w a s ’referred thc bill (S . 8276) for the creation o f the
police and firemen’s relief fund, to provide for the retirement
of members of the police and fire departments, to establish a
method of procedure for such retirement, and for other purronorted it without amendment.
Mr G V L L IN G E R , from the Committee on the District of Co­
lumbia to whom was referred the bill (S. 8401) to amend an
•u-t authorizing the Washington, Spa Springs and Gretta Railcompany of Maryland to enter the District of Columbia,
approved February 18, 1907, submitted an adverse report (No
lm:Vi thereon, w h ic h was agreed to, and the bill was postponed
H Mr " l l tLE from the Committee on Appropriations, to whom
i
was ‘ referred Senate resolution 276, submitted by Mr. C ul -




1892

F ebruary 5,

CONGRESSIONAL RECORD— SENATE.

berson February 8, relating to the pay of clerks and messen­
gers to Senators, asked to be discharged from its further con­
sideration and that it be referred to the Committee to Audit
and Control the Contingent Expenses of the Senate, which was
agreed to.
Mr. OVERMAN, from the Committee on Military Affairs, to
whom was referred the bill (S. 5092) to remove the charge of
desertion against the military record of James A. Windsor,
reported it without amendment and submitted a report (No.
thereon.
Mr. OWEN, from the Committee on Indian Affairs, to whom
was referred the bill (S. S441) to authorize the Secretary of the
Interior to cause to be surveyed any unsurveyed lands belong­
ing to the Five Civilized Tribes, and for other purposes, re­
ported it without amendment and submitted a report (No. 925)
-thereon.
Mr. BURKETT, from the Committee on the District of Co­
lumbia, to whom was referred the bill (S. 7298) to amend an
act entitled “An act to establish a Code of Law for the District
of Columbia,” approved March 3, 1901, reported it with amend­
ments and submitted a report (No. 926) thereon.
Mr. KEAN, from the Committee on Claims, to whom was re­
ferred the bill (H . R. 18487) for the relief of Charles H.
Dunning, reported it without amendment and submitted a report
(No. 927) thereon.
Mr. GAMBLE, from the Committee on the District of Colum­
bia, to whom were referred the following bills, reported them
severally without amendment and submitted reports thereon:
A bill (H. R. 23707) to incorporate the Imperial Palace,
Dramatic Order Knights of Khorassan (Report No. 92 8 ); and
A bill (S. 8518) empowering the juvenile court of the Dis­
trict of Columbia to issue execution on forfeited recognizances
(Report No. 929).
PHILIPPINE LEGISLATURE.
Mr. LODGE. From the Committee on the Philippines I re­
port back favorably with amendments the bill (H. R. 25155)
to amend an act approved July 1, 1902, entitled “An act tem­
porarily to provide for the administration of the affairs of civil
government in the Philippine Islands, and for other purposes.”
and I submit a report (No. 918) thereon. I ask for the pres­
ent consideration of the bill. I will say, Mr. President, that the
only purpose of the bill is to change the date of meeting of the
Philippine assembly.
The VICE-PRESIDENT. The bill will be read for the in­
formation of the Senate.
The Secretary read the bill.
The VICE-PRESIDENT. Is there objection to the present
consideration of the bill?
Mr. CULBERSON. I did not hear the statement made a
moment ago by the Senator in charge of the bill.
Mr. LODGE. It is a House bill merely permitting a change
of date in the assembling of the Philippine legislature; that is
all.
Mr. CULBERSON. Very well.
There being no objection, the bill was considered as in Com­
mittee of the Whole.
The amendments of the committee were, on page 2, to strike
out the proviso beginning in line 8, in the following words:
P r o v id e d , h o w e v e r , That the Philippine legislature may by law fix the
date for the commencement of its annual sessions.

After the words “ provided further," in line 10, to strike out
the word “ T h at” and insert the word “ and,” and after the
word “ election,” at the end of line 12, to insert the following
proriso:

That the Philippine legislature, after Us first meeting as
herein provided, may by law fix a date other than the first M
onday of
February in each year for the commencement of Its annual sessions.
P r o v id e d .

So as to make the bill read:
B e i t e n a c te d , e t c ., That the seventh section of the act entitled “An
act temporarily to provide for the administration of the affairs of
civil government in the Philippine Islands, and for other purposes,”
approved July 1. 1902, is hereby amended to read as follows:
“ Sec. 7. The legislature shall hold annual sessions, commencing on
the first M
onday of February in each year and continuing not exceed­
ing ninety days thereafter (Sundays and holidays not included), and
the first meeting of the legislature shall be held upon the call of the
governor within ninety days after the first election: P r o v id e d , That
the Philippine legislature, after its first meeting as herein provided,
may by law fix a date other than the first M
onday of February in
each year for the commencement of its annual sessions: A n d p r o v id e d
fu r th e r , That if at the termination of any session the appropriations
necessary for the support of government shall not have been m
ade,
an amount equal to the sums appropriated in the last appropriation
bills for such purposes shall be deemed to be appropriated; and until
the legislature shall act in such behalf the treasurer may, with the
aforesaW” governor’ m the payments necessary for the purposes
tllS
al{C

Thu amendments tvere agreed to.

The bill was reported to the Senate as amended, and the
amendments were concurred in.
The amendments were ordered to be engrossed and the bill
to be read a third time.
The bill was read the third time and passed.
The committee reported an amendment to strike out the pre­
amble, and it was agreed to.
CONDEMNED CANNON FOR STATE OF IOWA.
Mr. WARREN. From tbe Committee on Military Affairs I
report back favorably, without amendment, the bill (H.
27051) authorizing the Secretary of War to furnish one con­
demned brass or bronze “ Napoleon ” gun, carriage, and cannon
balls to the State of Iowa, and I submit a report (No. 916)
thereon. I ask the attention of the junior Senator from Iowa
[Mr. C u m m i n s ] to the bill.
Mr. CUMMINS. I ask unanimous consent for the present
consideration of the bill just reported by tbe Senator from
Wyoming.
The Secretary read the bill; and there being no objection, the
Senate, as in Committee of the Whole, proceeded to Its con­
sideration.
The bill was reported to the Senate without amendment, or­
dered to a third reading, read the third time, and passed.
CONDEMNED CANNON FOR CHEYENNE, WTO.
Mr. WARREN. I report back favorably from tbe Commit­
tee on Military Affairs, without amendment, tbe joint resolu­
tion (S. R. 126) authorizing the Secretary of War to donate
six condemned cannon to the city of Cheyenne, Wyo., and I sub­
mit a report (No. 917) thereon. I ask for the present consid­
eration of the joint resolution.
The Secretary read the joint resolution; and there being ao
objection, the Senate, as in Committee of the Whole, proceeded
to its consideration.
The joint resolution was reported to the Senate without
amendment, ordered to be engrossed for a third reading, read
the third time, and passed.
CANAL TO EEL RIVER,

CALIFO N
R IA.

Mr. FRYE, from the Committee on Commerce, to whom ***
] referred Senate concurrent resolution 84, submitted on the
instant by Mr. Perkins, reported it without amendment, and 1
was considered by unanimous consent and agreed to, as follows*
R e s o lv e d

by

th e S e n a te

( th e H o u s e

of

R e p r e s e n ta tiv e s v o i w u r r i v V '

That the Secretary of W he, and he is hereby, authorized aDd direct
ar
to cause an examination and survey to be made and an estimate s
nutted of the cost of constructing a ship canal, suitable to meet the
mands of commerce, from the most available southerly point of 11
1
boldt Bay to Eel Itiver, in the State of California.
MARK TOMLINSON.

Mr. du PONT. I report back from the Committee on Mljj.
tary Affairs with an amendment the bill (S. 8603) for the relit
of Mark Tomlinson, and I submit a report (No. 920) tberco •
I invite the attention of the senior Senator from W isconsin L
*
L a F ollette ] to the bill.
...
Mr. LA FOLLETTE. I ask unanimous consent for the Pr
ent consideration of the bill.
.
The Secretary read the bill; and there being no objecti >
the Senate, as in Committee of the Whole, proceeded to its c
sideration.
„
The am endm ent was, in line 6, after the word “ In fan try,
strike out the words “ and the Secretary o f War is hereby :
thorized to issue to said Mark Tomlinson a certificate of h
orable discharge as of that d ate,” so as to m ake the bill read .
B e it enacted, etc., That M
ark Tomlinson sball h e r e a f te r be
and considered to have been honorably discharged on September .
1863, as first lieutenant Company A, Tenth Regiment Connecticut
unteer Infantry: P r o v id e d , That no pay, bounty, or other emoi«'"
shall accrue or become payable by virtue of the passage of this ac •

The amendment was agreed to.
, tj)C
The hill was reported to the Senate as amended, and
amendment was concurred in.
_
.
The bill was ordered to be engrossed for a third reading,
the third time, and passed.
MOORES CREEK BATTLE GROUND ASSOCIATION.

Mr. OVERMAN. From the Committee on Military A S g j)
I report back favorably with an amendment tbe bill (> •
-j
authorizing the Secretary of War to furnish two comic ^
cannon to Moores Creek Battle Ground Association, and *
mit a report (No. 919) thereon. I ask for the present co
eration of the bill.
^0
Tbe Secretary read the bill; and there being no objecuo >
Senate, as in Committee of the Whole, proceeded to its co
eration.

1909.

CONGRESSIONAL RECORD— SENATE.

1893

The amendment was, in line 4, after the words “ directed to,” f read twice by its title and referred to the Committee on Public
i ... •
i
.- a
Lands.
to strike out the remainder of the K ill «inrl fn in Q P rf *
bill and to insert:
. ,
. _
..
n p also introduced a bill (S 91371 granting to Savanna Coal
Donate to Moores Creek Battle Ground Association,’e^fandraie8uitabie|j Company right to acquire additional acreage to its existing coal
of Currie, N. C.J
tw?0cradcmued°bn^nSrefiei^eces,^w i^^l^ir0^ r ia g
outfit of cannon balls, which may not be needed in the service: Pro-1 lease in the Choctaw Nation, Pittsburg County, Okla., and for
tided That no expense shall be incurred oy tuc united states in cou-s other purposes, which was read twice by its title and referred
razed, ThiU^no
nection with the donation of the above-mentioned articles of ordnance*,
Ml
"
\ to the Committee on Indian Affairs.
property. ,'tl'
ln^W n bill
I
—Air. WAT)T?F\T *n+vW
W A R R E N introduced a hill (S . 9138) granting an in­
So as to make the bill rea d :
crease of pension to Elias H . Funk, which was read twT
ice by its
B e it e n a c t e d , e t c . , That the Secretary of War be, and he is hereby,
authorized and directed to donate to Moores ^reek Battle ground Asso­ title and referred to the Committee on Pensions.
Mr. B U R N H A M introduced the following bills, which were
ciation, of Currie, N. C., two condemned bronze fieldpieces, with their
carriages and a suitable outfit of cannon balls, which may not be severally read twice by their titles and referred to the Commit­
needed in the service: P r o v i d e d , That no expense shall jl®
the United States in connection with the donation of the above-men­ tee on Pensions:
A bill (S. 9139) granting an increase of pension to Horatio
tioned articles of ordnance property.
J. C ollins;
The amendment was agreed to.
A bill (S. 9140) granting an increase of pension to John B.
The bill was reported to the Senate as amended, and the
H o lt;
amendment was concurred in.
A bill (S. 9141) granting an increase o f pension to Ransom
The bill was ordered to be engrossed for a third reading, read
Manning;
the third time, and passed.
.
A bill (S. 9142) granting an increase of pension to Hosea Q.
The title was amended so as to rea d : A bill authorizing the
M ason;
Secretary of W a r to donate two condemned cannon to Moores
A bill (S. 9143) granting an increase o f pension to Martin V .
Creek Battle Ground Association.”
_ i W orden ;
• A bill (S. 9144) granting an increase of pension to Henry
*“
*
TO N L TS IN O
W O
KLAHOM
A.
Mr. O W E N . From the Committee on Indian Affairs, I report fe. Perry;
| A bill (S. 9145) granting a pension to Daniel F. Healy (with
back favorably without amendment the bill (S. 9036) providing
for the disposition of the balance of the funds derived from the accompanying papers) ; and
| A bill (S. 9146) granting a pension to Sarah D. Drew (with
th e ‘sale of town lots in the county seats of Caddo, Kiowa, and
Comanche counties, Okla., and 1 submit a report (No. >--1) *h e accompanying papers).
Mr. PAG E introduced the following bills, which were severally
thereon. I ask for the present consideration o f the bill.
•ead twice by their titles and referred to the Committee on
The Secretary read the hill * and there being no objection, the
,
.
Senate, as in Committee o f the Whole, proceeded to its con­ Pensions:
A bill (S. 9147) granting an increase of pension to John N.
sideration.
, _
The bill was reported to the Senate without amendment, or­ Sehmerhorn;
A bill (S . 9148) granting an increase of pension to Henry S.
dered to be engrossed for a third reading, read the third time,
Tillotson; and
.
. , _
\ °nd passed.
A bill (S. 9149) granting an increase of pension to John
W
INNEBAG INDIAN LANDS.
O
Preman.
Mr. B R O W N . From the Committee on Indian Affairs, I re­
Mr. F R A Z IE R introduced a bill (S. 9150) for the relief of
port back favorably without amendment the bill (S . 9039) to the estate of II. J. Binkley, which was read twice by its title
enable the Winnebago Indians to protect from overflow their and referred to the Committee on Claims.
tribal and allotted lands located within the boundaries of any
Mr. C U LB ER SO N (by request) introduced a bill (S. 9151)
drainage district in Nebraska, and I submit a report (No. 922)
for tiie relief of the heirs of H . C. Plemons, which was read
thereon. I ask for its present consideration.
twice by its title and referred to the Committee on Claims.
The Secretary read the b ill; and there being no objection,
Mr. B A N K H E A D introduced a bill (S. 9152) for the relief of
*he Senate, as in Committee of the Whole, proceeded to its con­ the heirs of the estate of John Hogan, which was read twice by
sideration.
its title and referred to the Committee on Claims.
The bill was reported to the Senate without a m e n d m e n t , or­
Mr FU LTO N introduced a bill (S. 9153) granting an increase
dered to be engrossed for a third reading, read the third time, of pension to W illiam Allen King, which was read twice by its
Q
Pd passed.
title and, with the accompanying paper, referred to the Com­
BILLS INTRODUCED.
mittee on Pensions.
x
Mr PILE S introduced a bill (S. 9154) to amend an act
Mr. HALE introduced a bill (S. 9129) for the relief of John
making appropriations for sundry civil expenses of the Govern­
k• Twiggs and others, which was read twice by its title ami.
^ ]th the accompanying paper, referred to the Committee on m e n t for tbe fiscal year ending June 30, 1909, and for other
purposes approved May 27, 1908, which was read twice by its
Claims.
. Mr. CULLOM introduced a bill (S . 9130) to correct toe m ill title and referred to the Select Committee on Industrial Expo­

r

\

(

record o f Andrew Edgar, which was read twice by its
"tie and, with the accompanying papers, referred to the Comon Military Affairs.
^
. , ..
r r
also introduced a bill (S. 9131) for the relief of Abner C.
proctor, which was read twice by its title and referred to the
^ m m itte e on Claims.
,
..
Mr. G A LLIN G E R introduced a bill (S. 9132) fo r'th e extensi°n of Albemarle street from Wisconsin avenue to tbe em t
J no of Thirty-ninth street N W „ which was read twice by ts
tole and referred to the Committee on the District of Columbia,
also introduced a bill (S. 9133) to amend an act antnorthe Commissioners of the D i s t r ic t of C o lu m b ia to ..i ant to
S*® Veteran Volunteer F ir e m e n ’s A s s o c ia t io n use o f certain
K ° l* r t y in the city o f W a s h in g to n , approved M arch _, 18M .
) ' hk'h w a s read twice by its title and, with the accompanying
Papers, referred to the C o m m itte e on tbe D i s t r ic t o f <tohimb a.
P E R K IN S introduced a bill ( 8 . 9 1 f ) for t ! ^
of
he heirs of Rear-Admiral Henry Glass, V . S.
r'hu.-h was read twice by its title and, with the accompanying
m >t , referred to the Committee on Claims.
«
_ ofnrn|
lEh.I ' n M lT H of Michigan introduced a bill (S. 91f o) ^ t ir ‘
J
V
w
I,,e<jr« e Drought, which was read twice by its title and.
llm - the .PoTompanylng papers, referred to the Committee on
- migration.
.
.
introduced a bill (S. 9130) nmendtog
Iat5 r‘ ° 'V B N the receipts from the wile and disposal of an acL
i
0|lrlllting
put l»
in- m M Corluiu States and Territories to the construction o
hl
tgation works for the reclamation of arid lands, which wa




sitions.
,
,, ,
Mr C U R TIS introduced the following bills, which were sever­
ally read twice by their titles and, with the accompanying
papers, referred to the Committee on Pensions:
A bill (S. 9155) granting an increase of pension to Robert
H illiard ; and
.
_ .
_
A bill (S . 9156) granting an increase of pension to John G.
Milton.
Mr W A R N E R introduced a bill (S. 9157) granting an in­
crease of pension to Emma A. Porch, which was read twice by
its title and, with the accompanying paper, referred to the ComU \J1-° s U1TH J11A N D introduced a bill (S. 9158) granting an
U
increase of pension to Amos K. Smith, which was read twice by
Vtitle and referred to the Committee on Pensions.
Mr C UJTEII (by request) introduced a bill (S. 9159) for
H»e relief of Cornelius Ruffin and others, which was read twice
hv its title and referred to the Committee on Claims.
Mr TILLM AN introduced a bill (S. 9160) authorizing the
I ™
of W ar to furnish four condemned brass or bronze
r,ei,i nuis carriages, and cannon balls to tbe State of South
Carolina, which was read twice by its title and referred to the
lniittee on Military Affairs.
Mr O W E N introduced* a bill (S. 9161) to place Edward P.
Ph m n lin on the retired list of the United States Army, which
twice by its title anti referred to the Committee on
M ilita r y A ffa ir s .

-— —

i




1894

CONGRESSIONAL RECORD— SENATE.

Mr. CLAPP introduced a bill (S. 9162) for the relief of the
heirs of Eldred Normally, deceased, which was read twice by its
title and referred to the Committee on Claims.
Mr. PILES introduced a bill (S. 9163) granting a pension to
Elizabeth Agnes Plunkett, which was read twice by its title and,
with the accompanying papers, referred to the Committee on
Pensions.
AMENDMENTS TO APPROPRIATION BILLS.
Mr. ANKENY submitted an amendment proposing to appro­
priate $30,000 to aid in the payment of the expenses of the
Seventeenth National Irrigation Congress, to be held in the city
of Spokane, Wash., in the year 1909, intended to be proposed by
him to the sundry civil appropriation bill, which was referred to
the Committee on Appropriations and ordered to be printed.
Mr. SMOOT submitted an amendment proposing to appropri­
ate $3,600 to purchase certain land as an addition to the Fort
Douglas Military Reservation, intended to be proposed by him
to the army appropriation bill, which was referred to the Corntttee on Military Affairs and ordered to be printed.
Mr. OWEN submitted an amendment referring to the Court of
Claims the claims of the Creek Nation of Indians against the
/ Ch
United States on account of land alleged to have been taken
from them by the United States without compensation, etc., in­
tended to be proposed by him to the Indian appropriation bill,
which was referred to the Committee on Indian Affairs and or­
dered to be printed.
. T y.
He also submitted an amendment authorizing the Postmasters
General to settle the accounts of Charles B. Carter for rent of
post-office at Ardmore, Okla,, etc., intended to be proposed by
him to the post-office appropriation bill, which was ordered to be
printed and, with the accompanying paper, referred to the Cone,
mittee on Post-Offices and Post-Roads.
~
^ Mr. NIXON submitted an amendment proposing to appropri­
ate $23,000 for the establishment of a fish-cultural station at
some suitable point in the State of Nevada, intended to be pro­
posed by him to the sundry civil appropriation bill, which was
referred to the Committee on Fisheries and ordered to be
printed.
Mr. GUGGENHEIM submitted an amendment relative to the
compensation of watchmen, messengers, and laborers in the
Post-Office Department, intended to be proposed by him to the
post-office appropriation bill, which was referred to the Com­
mittee on Post-Offices and Post-Roads and ordered to be printed.

f

!

IMPROVEMENT OF CHEBOYGAN RIVER, MICHIGAN.

February 5,

in said city and District in which to transact the public business, and
the probable cost thereof, making a full and complete investigation of
the whole subject, the said committees being fully authorized and
empowered to summon and examine witnesses, administer oaths, and
make said Investigation as clear and complete as practicable.
LONDON SLIDING SCALE FOE GAS.
Mr. GALLINGER. An article in the Progressive Age of Jan­
uary 15, 1909, entitled “ London sliding scale for gas,” by
Civil Engineer William D. Marks, who is an authority on the
subject, is of great interest at the present time, when the gas
question is being considered in both Houses of Congress. I
move that the article be printed as a document (S. Doc. No.
696) and referred to the Committee on the District of Columbia.
The motion was agreed to.
MEMORIAL ADDRESSES ON THE LATE SENATOR LATIMER.
Mr. TILLMAN. Mr. President, I desire to give notice that
on February 27 I will ask the Senate to consider resolutions
commemorative of the life and character of Hon. A sbubY
C hurchwell Latimer, late a Senator from the State of South

Carolina.
MEMORIAL ADDRESSES ON THE LATE REPRESENTATIVE POWERS.
Mr. FRYE. Mr. President, I desire to give notice that on
Saturday, February 27, I will ask the Senate to consider reso­
lutions commemorative of the life and character of L lewellyn
Powers, late a Member of the House of Representatives from
the State of Maine.
PRESIDENTIAL APPROVAL.
A message from the President of the United States, by Mr.
M. C. Latta, one of his secretaries, announced that the President
had, on the 4th instant, approved and signed the following joint
resolution:
S. It. 118. Joint resolution to enable the States of Tennessee
and Arkansas to agree upon a boundary line and to determ ine
the jurisdiction of crimes committed on the Mississippi River
and adjacent territory.
DISTRICT BUILDING INSPECTION DEPARTMENT.
The VICE-PRESIDENT laid before the Senate the following
message from the President of the United States (S. Doc. No,
6 9 7 ) ; which was read, and, with the accompanying paper, re­
ferred to the Committee on the District of Columbia, and ordered
to be printed:

: To

th e S e n a te and H o u s e o f R e p r e s e n t a ti v e s :

I transmit herewith a letter from the Commissioner of Labor and
Special Agent Victor S. Clark, of the Bureau of Labor, relating to
an investigation conducted by them into the office of the building in­
spector of the District of Columbia, and I recom pnd that the Con­
m
gress authorize the appointment of a commission of three members, with
R e ta i le d h i th e S e m ite ( th e H o u s e o f R e p r e s e n ta tiv e s c o n c u r r in g ),
! power to administer oaths, to make a thorough investigation of the
That the Secretary of W be, and he is hereby, authorized and di­ building inspection
ar
District of Columbia:
rected to cause a preliminary survey to be made of Cheboygan Itiver, j an appropriation ofdepartment of the to defray the expensesand that
$3,500 be made
of this
Chebovgan Countv, M
ich., for the purpose of widening its channel I commission.
and rebuilding or'repairing the locks in said river as will render the
I append herewith an extract from a recent verdict of a coroners
river navigable to boats drawing 8 feet of water, and to furnish an jury, and certain letters which explain the reason of the investigation
estimate of the cost of such improvement.
conducted by the Bureau of Labor.
I agree fully with the position taken in the report from the Korea1
CONDITIONS AT ARMY POSTS.
of Labor that the building inspection department should not be leu
.Air. SCOTT submitted the following resolution (S. Res. 280), under suspicion as the result of unproven charges. In the in te r e s t oi
which was referred to the Committee to Audit and Control the the building inspector, no less than of the public, there should be 8
thoroughgoing investigation of the conduct of his office. If that j®'
Contingent Expenses of the Senate:
portant department of the District government is inefficient of j1 ’
'1
R e s o lv e d , That the Committee on Military Affairs be, and it is hereby,
properly conducted, its personnel should be reorganized. If, on tne
authorized and directed, by subcommittee or otherwise, to visit, during other hand, the criticism of it is unfounded, this should be d em o n ­
the recess of the Senate, such military reservations, posts, and sta­ strated to the public’s satisfaction and the building inspector vindi­
tions of the United States as in the committee’s judgment should be cated and sustained.
examined in order to ascertain existing conditions at such posts, the
„
T heodore Kooseyelt.
necessities for legislation, and any other and further information bearT iie W h ite H ouse, February 5 , 1909 .
ins unon military posts as may seem important and of value in the
HOUSE BILLS REFERRED.
c o n s id e ra tio n o f ‘future proposed military legislation. And the com
­
mittee is further authorized to send for persons and papers, to subH . R . 16274. A n act to amend section 1 0 of chapter 27*2.
rw witnesses and administer oaths, and to employ a stenographer to
cm
Into notps or testimonv and to do clerical duties, the expenses incurred v o lu m e 29, o f P u b lic S t a t u t e s a t L a r g e , w a s r e a d tw ic e b y i*3
to be paid out of the contingent fund of the Senate.
title and referred to the Committee on the J u d i c i a r y .
Mr. SMITH of Michigan submitted the following concurrent
resolution (S. C. Res. 88), which, with the accompanying pa­
pers, was referred to the Committee on Commerce:

RENT OF BUILDINGS IN THE DISTRICT OF COLUMBIA.
Air. SCOTT submitted the following concurrent resolution
(S. C. Res. 87), which was referred to the Committee on the
District of Columbia:
W
hereas the Government of the United States is now paying $471,000
annually for the use of private buildings in the city of Washington

H . It. 26482. An a c t to a u t h o r i z e t h e construction o f tw o
b r id g e s a c r o s s R o c k R i v e r , S t a t e o f I llin o is , w a s r e a d tw ic e
by i t s t i t l e a n d r e f e r r e d to t h e C o m m itte e on C o m m e rc e .

URGENT DEFICIENCY APPROPRIATIONS.
A ir. H A L F s u b m i tt e d t h e f o llo w in g r e p o r t :

and the District of Columbia in which to conduct the public business
T h e c o m m itte e o f c o n f e r e n c e o n t h e d i s a g r e e in g v o te s o f t ,ie
and store valuable documents; and
W
hereas some of these buildings are not fireproof and are unsafe tw o H o u s e s o n t h e a m e n d m e n t s o f t h e S e n a te to t h e b ill ( H .
and otherwise unfit for such service; and
W
hereas recently a large num of valuable public records were 2 6 3 9 9 ) m a k i n g a p p r o p r i a t i o n s to s u p p ly u r g e n t d e fic ie n c ie s i»
ber
destroyed by fire In one of said buildings and the public business other­ t h e a p p r o p r i a t i o n s f o r th e fisc a l y e a r e n d in g J u n e 30. 1909, h a v in g m e t, a f t e r f u l l a n d f r e e c o n f e r e n c e h a v e a g r e e d to recoinwise interrupted: Therefore
,
R e so lv e d b y the S e n a te ( th e H o u s e o f R e p r e s e n ta tiv e s c o n c u r r in g ),
That the Committees on Public Buildings and Grounds of the Senate m e n d a n d d o re c o m m e n d t o t h e i r r e s jte e tiv e H o u s e s a s follows.
T h a t t h e S e n a te r e c e d e f r o m i ts a m e n d m e n t n u m b e r e d
and House of Representatives be, and are hereby, authorized, empow­
ered. and directed to thoroughly investigate the necessity for renting said
T h a t t h e H o u s e r e c e d e f r o m i t s d i s a g r e e m e n t to th e amend­
buildings or other private buildings for said purposes, the reasonableness m e n t s o f t h e S e n a te n u m b e r e d 2, 3, 6, 7, a u d 8, a n d a g r e e to tn e
of the rental paid and to be paid, the kind and length of existing
leases, and the necessity for the Government to erect suitable buildings same.

1909

CONGRESSIONAL RECORD— SENATE.

2077

The V IC E -P R E SID E N T . Does the Senator from Colorado
yield to the Senator from Mississippi?
Mr. T E L L E R . Certainly.
Mr. M O N EY. Does the Senator mean to inform the Senate
that a private citizen ordered the canal made so much wider
or deeper?
Mr. TE L L E R . I do not suppose lie actually ordered it.
Mr. M O N EY. I did not understand the Senator, then.
Mr. T E L L E R . I think I did say that he ordered it. I probably
should have said that he determined, at least, that the Culebra
cut ought to be 100 feet wider, and the newspapers stated that,
upon his suggestion, it was to be made 100 feet wider. I sup­
pose the present Chief Executive would, perhaps, settle that
under the suggestion of the incoming President. I do not in­
tend, however, to find any fault with that. It has been one of
the complaints I have been making for years that the cut was
too narrow, and experience has shown it to be too narrow. The
cut has been caving aud sliding in for many months, and that
has seriously impeded the work on the canal. I only mention
Pacific.
The Senate committee took a large amount of testimony, and this to show that, with the vast amount of money we have ex­
the chairman, I think, will bear me out in the statement I now pended. we are all still at sea as to what the canal is going to
make, that the best engineering talent in this country that came cost. I have no doubt that the estimate made by the chairman
before the committee was for a sea-level canal. I think I do of the committee is entirely too small. I fear the canal can not
not misstate it when I say that every practical ship man who be built for the amount he named. I believe, though, Mr. Presi­
appeared before the committee declared in favor of a sea-level dent. that a sea-level canal can be built that will not cost more
canal. The practical men were for such a canal, because they than the proposed lock canal. I do not know that it will be any
did not believe that a lock canal would do the work in a satis- cheaper to build, but I believe, in the end, you would find that
it would be a good deal cheaper to have a sea-level canal, than
factorv manner.
a lock canal.
Mr. C U R TIS. Mr. President------Now, I apologize to the Senate for taking its time on this
The V IC E -P R E SID E N T . Does the Senator from Colorado
subject; but I believe if we should take two or three days in
yield to the Senator from Kansas?
the discussion aud consideration of this question we would re­
Mr. T E L L E R . Certainly.
Mr. C U R TIS. I do not desire to ask the Senator any ques­ turn to the idea we had when we bought out the French and
build a sea-level canal, the only canal, in my judgment, which
tion. I want to he recognized in my own right.
Mr. G ALLIN G E R . Mr. President, I rise to a point of order. will ever be useful or profitable, either to the people who build
it or to those who use it.
I ask what question is before the Senate?
The V IC E -P R E SID E N T . Reports of committees are in order.
The V IC E -P R E SID E N T . The order is “ Reports o f commit­
Mr. CU LB ER SO N . I rise to the report submitted by the
tees.” The debate has been proceeding by unanimous consent.
Mr. G A LLIN G E R . I object to further debate then, Mr. Committee on Interoceanic Canals. I inquire if the report has
been disposed of?
President.
The V IC E -P R E SID E N T . The report has been referred to
The V IC E -P R E SID E N T . The Senator from New Hampshire
the Committee on Finance.
asks for the regular order.
Mr. CU LBERSO N. Mr. President I have some doubt about
Mr. T E L L E R . W h at is the regular order?
The V IC E -P R E SID E N T . Reports o f committees are iu order. whether the bill ought to be referred to the Finance Committee
or ought to be retained by the Committee on Interoceanic
Are there further reports o f committees?
Mr. T E LL E R . Mr. President, In my experience in the Senate Canals. I have the honor to be a member of the latter com­
mittee. but I w as unfortunately prevented from attending the
of now nearly thirty years— a few days within thirty years—
this Is the first time I have ever been taken off the floor in such meeting at which this conclusion was reached. I should be
glad, if it is possible in the present status of the matter, that
a manner.
Mr. G A LLIN G E R . I thought the-Senator had yielded the the question o f reference lie on the table until it can be some­
what further considered.
floor.
The V IC E -P R E SID E N T. The Chair will regard it as an
Mr. T E L L E R . No, s ir ; I had not.
_ .
Mr. G ALLIN G E R . I beg the Senator’s pardon. I withdraw open q u e stio n and the report as before the Senate.
ilr . CU LBERSO N. In view of what I see is the disposition
the objection.
of the Senate, 1 do not mean that it shall be considered further
Mr. T E L L E R . I do not care to proceed if the Senator wants
now but that it may lie on the table until to-morrow.
to make that objection.
. . . . . . . .
„
The V IC E -P R E SID E N T . The Chair so understood the re­
Mr. G A LLIN G E R
I (lo not want to make it while the Sen­
quest of the Senator from Texas. In the absence of objection,
ator is on the floor, but I have some morning business to
t Is so ordered.
.
.
, _
, . ^
,
‘ ■unmet and duties outside o f the Senate Chamber iu the service
Mr. W A R R E N . Before the matter is dismissed I wish to ask
of the Senate that I should like to perform this afternoon.
wo brief questions of the chairman o f the committee.
That is all.
I do not care to discuss the merits or the demerits o f either
Mr. T E L L E R
Mr. President, one of the complaints I make
i sea-level or a lock-level canal, nor whether or not we ought
is that the Senate has never discussed or considered the canal
0 have undertaken to build the canal. It is sufficient for the
question as it ought to have been discussed and considered.
wesent to know that we are actually and rapidly building it ;
I said in the beginning of my remarks that we had not do e
,ut I desire to ask two questions. First, the Senator from
au.v better than had the French. It is said that we hate <<
South Dakota [Mr. K ittredge] in his remarks stated that with
most excellent work down there. I do not seek to speak dis­
1 sea-level canal tlie question is purely one of digging, and ator
paragingly of that. W e have reduced the expense of the re­
m in discussing the matter of possible locks or gates foi a seamoval of the dirt to a great extent; and the work done down on
„v«i nnnrti lm cave it as his opinion that neither would be
Jhe Isthmus, sanitary and otherwise, has been most ^ c e li u i t ,
•essarv.
t
bV "'o have never had any data by which we could dt
,t
wish to inquire whether, in the amount he gave as the sum
''h a t the canal would eventually cost. W e have gonei t
al of the cost of a sea-level canal, an allowance was made for
the dark. W e have practically Instructed the President of the
■ building of such locks or gates as some o f the engineers had
Tmted States to build such a canal as he shall see fit. I .
>iH>sed and asserted were necessary, or has he taken the diglieve the Senate and the House together dotermmed that they
| 0f t]10 canal alone, on the supposition that it could be
(,
Ranted a lock canal. The President-elect went down to Panama
adled without either locks or gates?
the other day. H e found that the great cut about which we
dr K ITTR E D G E . The estimated cost of the lock-gates on
ha ve been talking, where the locks are to be, was not in th«t con
> pacific side was included in the estimate stated as the agddlon that it ought to he in, and so lie ordered the widening of
><'ate cost of the construction o f a sea-level canal.
cut, making it one-third wider than it would be under the
Ur W V R R E N . I tliiuk we needed that to complete the statePi «‘Sent plan. W e are told that the estimate for the widening is
nt of the Senator. I want to ask one other question. I f I
000,000.
derstand the matter correctly, in the amount of money exMr. M ONEY. W ill the Senator allow me to ask him a ques
uled on the canal for its purchase and building we shall ex° u *or information?

Mr. President, I do not want to go over the discussion we
have had on this matter. I have said again and again on this
floor— and I repeat it now— that if we get the canal built for
$500,000,000, whether a lock or a sea-level canal, we shall do
very well. In my judgment, we will never get that canal, in
either form, except at a cost of more than $500,000,000.
But there is something besides the question of the cost of
building the canal. W e have taken possession o f the Isthmus
of Panama. When Do Lesseps failed we notified the French
Government that a French corporation could go on and build
the canal, but we notified them diplomatically that the French
Government could not build the can al; that individuals or a
corporation might build it, but that no nation in the world but
ours should build that canal.
W e owe something to the commerce of the world. W e owe
to the commerce o f the world the building of an adequate canal,
a canal capable o f doing the work for which it is intended— the
bringing together of the two great oceans, the Atlantic and the







2078

CONGRESSIONAL RECORD— SENATE.

ceed the bonded limit by some $20,000,000 or more by the end
of the present fiscal year.

F ebruary 9,

Mr. LODGE. I object.
Mr. KEAN. Let it go over.

Mr. KITTREDGE. There will be left about $20,000,000 of
The VICE-PRESIDENT. Objection is made, and the joint
bonds possible to be issued to cover or meet appropriations that resolution will go to the calendar.
this Congress may make.
There has been, as stated in the report of the committee, to
date issued in round numbers— I hare not more accurate data
at hand— bonds in the sum of $84,000,000. There has been ap­
propriated for canal construction purposes in round numbers the
sum of $110,000,000. The difference between $110,000,000 and
$84,000,000 is, in the judgment of the committee, reimbursable
prior to the end of the current fiscal year by the issue of bonds
on the part of this Government. If that be done and the ap­
propriation at this Congress for the coming fiscal year is $30,000,000, for example, there is authority to issue bonds to the
amount of $20,000,000 of that $30,000,000, leaving uncovered by
the issue of bonds in round numbers $10,000,000, and unless
provision is made at this Congress to cover such excess the pay­
ment must be made from the general funds.
Mr. WARREN. Now, I will put it in another way. Suppose
we are to bond for every dollar that we have expended or may
expend on the canal for any and all purposes, where would the
balance be, if we should strike it to-day, as between the total
amount which has been appropriated for all purposes and the
limit of $130,000,000, I believe it is, for which we are permitted
to issue bonds?
Mr. KITTREDGE. Sixty million dollars, the amount appro­
priated in the Spooner Act, $40,000,000 of that sum going to the
payment of the French company for their property.
Mr. WARREN. I understand that; but what I want to get
at-----The VICE-PRESIDENT. The Chair will call the attention
of Senators to the fact that the debate is proceeding out of
order. The regular order has been demanded by the Senator
from New Hampshire.
Mr. WARREN. I am aware of that, and I am simply asking
consent to proceed. Of course, unless consent is given, I will
not proceed further.
The VICE-PRESIDENT. Is there objection?
Mr. WARREN. I only want to get an answer to one ques­
tion. I fear I do not quite understand the Senator.
The VICE-PRESIDENT. The Chair hears no objection.
Mr. WARREN. My idea is that for every dollar which goes
into the canal, or is on canal account, we ought to issue bonds,
taking nothing directly from the Treasury, except temporarily,
and that we should also reimburse the Treasury for what we
have already taken from it. Now, where would the balance
stand to-day, taking all the money we have appropriated for all
purposes connected with the canal, and deducting it from the
limit as to bonds provided now in the law?
Mr. KITTREDGE. The Spooner law permits the issue of
bonds in the amount of $130,000,000. W e have appropriated
since the passage of the Spooner Act, in round numbers, one
hundred and ten or one hundred and eleven million dollars. It
is permissible, in my opinion, to issue bonds to that amount,
and no more, until Congress shall make further appropriations
up to the limit authorized by that act
Mr. WARREN. Does the $110,000,000 cover every expense
in connection with the canal?
Mr. KITTREDGE. It does, subsequent to the $GO,000,000
appropriated in the Spooner Act.
Mr. WARREN. A h ! That is what I wanted to understand.
Then your purpose is to leave out the $00,000,000 drawn from
the Treasury direct and not reimburse the Treasury from the
proceeds of sale of bonds, and your calculation is based upon
that.
Mr. KITTREDGE. That amount was paid from the general
fund in the Treasury, and the language of the act provides that
sums appropriated hereafter may be covered by the issue of
bonds. Under existing law, in my opinion, it is not possible to
reimburse the T re asu ry to the extent of $60,000,000, at least
without legislation by Congress.
Mr. WARREN. Then we must have some legislation in order
to place it upon a bonded basis?
Mr. KITTREDGE. That is correct.
Mr. GALLINGER. Now I ask for the regular order.
The VICE-PRESIDENT. Reports of committees are in order*.
')r~

OSAGE TRIBE OF INDIANS.

Mr. OWEN. I am directed by the Committee on Indian
Affairs, to whom was referred the joint resolution (S. R. 70)
for the enrollment of certain persons as members of the Osage
tribe of Indians, and for other purposes, to report it favorably
with an amendment, and I submit a report (No. 950) thereon.
I ask unanimous consent for the present consideration of the
joint resolution.

FRANCISCO KREBS.

Mr. MONEY. I ask unanimous consent for the present con­
sideration of the bill (H. R. 27252) for the relief of Francisco
Krebs and bis heirs and assigns. It will take but a moment. A
similar bill passed both Houses, and was vetoed by the Presi­
dent because of objections on the part of the Light-House
Board. The Light-House Board has now made all the correc­
tions it desires; and this is its bill. It is very necessary that
it should be passed at this session in order that certain im­
provements which are desirable may be made.
The VICE-PRESIDENT. The bill lias heretofore been read.
Is there objection to its present consideration?
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill. It proposes to confirm
Francisco Krebs, bis heirs and assigns, in his title to a certain
part of Round Island, in the State of Mississippi, situated in
sections 33 and 34, township 8 south, range 6 west, east of
Pearl River, containing approximately 60.85 acres.
The bill was reported to the Senate without amendment,
ordered to a third reading, read the third time, and passed.
CHARLES S. BLOOD.
Mr. FULTON. I am directed by the Committee on Claims,
to whom was referred the bill (II. II. 13809) for the relief of
Charles S. Blood, to report it favorably without am endm ent,
and I submit a report (No. 945) thereon. I call the attention
of the Senator from Florida to the bill.
Mr. TALIAFERRO. I ask unanimous consent that the bill
may now be considered.
The VICE-PRESIDENT. The bill will be read for the in­
formation of the Senate.
The Secretary read the bill.
The VICE-PRESIDENT. Is there objection to the present
consideration of the bill?
Mr. KEAN. What is the bill?
The VICE-PRESIDENT. It is reported from the Committee
on Claims.
Mr. KEAN. Let it be read.
The VICE-PRESIDENT. The bill has been read. It will be
read again at the request of the Senator from New Jersey.
Mr. KEAN. Is there a report accompanying it?
The VICE-PRESIDENT. There is a report accompanying it.
The Secretary will again read the bill at the request of the
Senator from New Jersey.
The Secretary again read the bill.
The VICE-PRESIDENT. Is there objection to the present
consideration of the bill?
Mr. KEAN. The bill seems to pay some one. I do not under­
stand it exactly. However, I shall not object if no one else
does.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill. It directs the Secretary
of the Treasury to pay Charles S. Blood, la te a second lieutenant
of Company A, Forty-seventh Regiment Illinois Volunteer In­
fantry, $563.65 for services as such officer from Julv 2. 1863. t°
January 31, 1SGL
The bill was reported to the Senate without am endm ent, or­
dered to a third reading, read the third time, and passed.
b il l s introduced .

Mr. PENROSE introduced a bill (S. 9243) for the relief of
William Parsons Hayes, which was read twice by its title and
referred to the Committee on Naval Affairs.
He also introduced a bill /S . 9244) to grant an honorable dis­
charge to Francis Kelly, alias Francis Canuneron, which was
read twice by its title and, with the accompanying papers, re­
ferred to the Committee on Military Affairs.
Mr. BACON introduced the following bills, which were sever­
ally read twice by their titles and, with the accompanying
pajiers, referred to the Committee on Claims:
A bill (S. 9245) for the relief of the heirs of James Jordan*
deceased;
A bill (S. 9246) for the relief of the heirs of L. G. Brantley,
eceased;
A bill (S. 9247) for the relief of the heirs of Carr Cox, de­
ceased;
A bill (S. 9248) for the relief of the heirs of Henry Bennett,
deceased;
A bill (S. 9249) for the relief of Micajnh Rasbury; and
A bill (S. 9250) for the relief of P. A. Wingate.

1909.

CONGRESSIONAL RECORD— SENATE.

2079

A bill (S. 9275) authorizing the Secretary of W ar to acquire
Mr. BACON introduced a bill (S. 9251) for the relief of the
heirs of Anderson Mayfield, deceased, which was read twice by by purchase or condemnation certain lands for military pur­
poses; and
its title and referred to the Committee on Claims.
H e also introduced a bill (S . 9252) for the relief of the heirs
A bill (S. 9276) authorizing the Secretary of W ar to accept
of William Miller, deceased, which was read twice by its title certain lands for military purposes.
and referred to the Committee on Claims.
Mr. GORE introduced a bill (S . 9277) removing restrictions
Mr. T E L L E R introduced a bill ( S. 9253) granting an increase from rights of way on Indian lands for public roads in Okla­
of pension to Jacob Souder, which was read twice by its title homa, which was read twice by its title and referred to the
and, with the accompanying papers, referred to the Committee Committee on Indian Affairs.
on Pensions.
AMENDMENTS TO APPROPRIATION BILLS.
Mr. R A Y N E R (by request) introduced a bill (S. 9251) for
the relief of John H . Brown and certain other naval officers
Mr. PENROSE submitted an amendment proposing to appro­
and their heirs or legal representatives, which was read twice priate 8129.20 to pay certain employees for services at the Naval
by its title and referred to the Committee on Claims.
Home, Philadelphia, intended to be proposed by him to the
Mr. CU LBERSO N (by request) introduced the following naval appropriation bill, which was ordered to be printed and,
bills, which were severally read twice by their titles and re­ with the accompanying papers, referred to the Committee on
ferred to the Committee on C laim s:
Naval Affairs.
A bill (S. 9255) for the relief o f the heirs of A . II. Redus; and
Mr. GORE submitted an amendment proposing to acquire, by
A bill (S. 9256) for the relief of W . R. McGuire.
purchase or condemnation, for Government use certain land in
Mr. G AM B LE (by request) introduced a bill (S. 9257) to the city of Lawton, Okla., intended to be proposed by him to the
amend sections 012, G13, 017, and 021 of the Code of Law for army appropriation bill, which was referred to the Committee
the District of Columbia, which was read twice by its title and on Military Affairs and ordered to be printed.
referred to the Committee on the District of Columbia.
He also submitted an amendment proposing to remove the
Mr. W E T M O R E introduced a bill (S . 925S) granting an in­ restrictions from any lands in Oklahoma, allotted or unallotted,
crease of pension to Job Lewis, which was read twice by its which may be necessary for right of way for the establishment
title and, with an accompanying paper, referred to the Commit­ and construction of public roads, etc., intended to be proposed
tee on Pensions.
by him to the Indian appropriation bill, which was referred to
Mr. D E P E W introduced a bill (S. 9259) to reopen and ad­ the Committee on Indian Affairs and ordered to be printed.
just the accounts for service of Brig. Gen. Thomas Ward, U. S.
He also submitted an amendment providing for the purchase
Army, retired, and Maj. W illiam Silvey, U. S. Army, deceased, or condemnation of certain land for Government use in the city
Which was read twice by its title and referred to the Committee of Lawton Okla., intended to be proposed by him to the army
on Claims.
appropriation bill, which was referred to the Committee on
He also introduced a bill (S. 92G0) granting an increase of Military Affairs and ordered to be printed.
pension to George M. Teachout, which was read twice by its
Mr. SIM M ONS submitted an amendment proposing to appro­
title and referred to the Committee on Pensions.
priate $250,000 for the study and demonstration of the best
Mr. SCOTT introduced a bill (S. 9201) granting an increase methods of meeting the ravages of the cotton boll weevil, in­
of pension to Thomas G. Harper, which was read twice by its tended to be proposed by him to the agricultural appropriation
title and, with the accompanying papers, referred to the Com­ bill, which was referred to the Committee on Agriculture and
mittee on Pensions.
Forestry and ordered to be printed.
**
Mr. FORAIvER introduced a bill (S. 9202) granting a pension
M i r . O W E N submitted an amendment providing that that por­
to Jonathan Budd, which was read twice by its title and re­
tion of the town of Sulphur lying south of the Piatt National
ferred to the Committee on Pensions.
Park shall be acquired by the Secretary of the Interior and
Mr. F L IN T introduced a bill (S . 9203) granting an increase
added to such park, etc., intended to be proposed by him to the
of pension to John A . Blak, which was read twice by its title
Indian appropriation bill, which was referred to the Committee
Rhd, with the accompanying papers, referred to the Committee
on Indian Affairs and ordered to be printed.
°a Pensions.
He also submitted an amendment authorizing the Secretary
Mr. M cEN ER Y introduced a bill (S. 9204) granting a pen1of the Interior to grant, bargain, sell, and convey, at private
K
^on to John A. Browne, which was read twice by its title and,
I sale to the State of Oklahoma a tract or tracts of segregated
J
v>th the accompanying papers, referred to the Committee on
(coal lands belonging to the Chickasaw and Choctaw Indians, etc.,
Pensions.
’ intended to be proposed by him to the Indian appropriation bill,
Mr. SM IT H o f Michigan introduced a bill (S. 92051 granting which was referred to the Committee on Indian Affairs and orR pension to Mary Caroline Douglas, which was read twice by
title and, with the accompanying papers, referred to the f dered to bo printed.
lie also submitted an amendment authorizing the Secretary
Committee on Pensions.
; 0 f the Interior to set aside 040 acres of Choctaw Indian land for
I
Ho also introduced the following bills, which were severally
j the benefit of the Old Good Land Indian Orphan Industrial
read twice by their titles and referred to the Committee on]
j school, in Oklahoma, etc., intended to be proposed by him to the
Pensions:
Indian appropriation bill, which was referred to the Committee
A bill ( s . 9200) granting a pension to Helen Mervine: and
A bill (K 9^07) granting a pension to Elizabeth F. Houghton. [on Indian Affairs and ordered to be printed.
Jdr. D E P E W submitted an amendment proposing to approMr. D IC K introduced the following bills, which were sever­
e ly read twice by their titles and referred to the Committee I priate $30,000 for the payment to persons or corporations who,
prior to July 1, 1904, duly presented their respective claims
011 Pensions:
_
A bill ( s . 9208) granting an increase of pension to Edward therefor. the*sums paid for documentary stamps used on charter
! parties for the-chartering of vessels engaged in commerce be­
E 'erett Henry; and
, _
A bill ( s . 0269) granting an increase of pension to Dorcas tween the United .States and foreign countries, between July 1,

Jones.
Ml CRAN E introduced the following bills, which were severRlly rend twice by their titles and referred to the Committee

, ] S98, and June 30, 1901, etc., intended to be proposed by him to
the general deficiency appropriation bill, which was referred to
the Committee on Appropriations and ordered to be printed.

Mr. B A N K H E A D submitted an amendment authorizing the
Postmaster-General to readjust annually the compensation paid
1 for the transportation o f mail on railroads from and after the
atul
! 1st of July, 1910, etc., intended to he proposed by him to the
A bill (g . 0271) granting n pension to Mrs. F. G. Fisher.
Mr. CRANE Introduced a bill (S. 9272) to require motor ves- I post-office appropriation bill, which was referred to the Com­
mittee on Post-Offices and Post-Roads and ordered to be printed.
JP,S to l>o equipped with mufflers, which was read twice by its
EMPLOYMENT OF STENOGRAPHER.
t|Ge and referred to the Committee on Commerce.
Mr. CURTIS introduced the following bills, which were sevMr. NELSO N submitted the following resolution (S. Res.
eraliy read twice by their titles and referred to the Committee
j 084) ' which was referred to the Committee to Audit and Con­
on Pensions;
A bill ( s . 9273) granting an increase of pension to Russell C. trol the Contingent Expenses of the Senate:

011 Pensions:

A blit (S 9270) granting a pension to James E. C. Sawyer;

•’n-is (with the accompanying p a p e rs); and
,
.
.
W A bill (S . 9274) granting an increase of pension to trank
Mr. GORE Introduced the following bills, which were sevftI S , read twice by their titles and referred to the Committee
0u Military Affairs.




R e s o l v e d . That the Committee on Public Lands be, and it is hereby,
authorized to employ a stenographer from time to time, as may be
n e c e s s a r v , to report such testimony as may be taken by the committee,
of its subcommittees, in connection with bills and other matters pending
before said committee, and to have the same printed for its use; and
that such stenographer be paid out of the contingent fund of the
Senate.




2080

CONGRESSIONAL RECORD— SENATE.
IRRIGATION IN WYOMING.

On motion of Mr. W arren, it was
O rd ered , That there be printed for the use of the Senate and de­
livered to the Senate document room 1,000 copies of the report of the
,
United States Department of Agriculture on “ Irrigation in W
yoming,”
with the accompanying illustrations, made by Clarence T. Johnston, of
W
yoming.

REPORT OF AMERICAN INSTRUCTORS OF THE DEAF.
On motion of Mr. Gallinger, it was
O rd ered , That the original manuscript of Senate Document No. 645,
Sixtieth Congress, second session, “ Report of the eighteenth conven­
tion of the American instructors of the deaf, etc.,’’ be taken from the
files of the Senate and delivered to the official transmitting the said
report.

NAVY-YARDS AND NAVAL STATIONS.
On motion of Mr. Gallinger, it was
O rd ered , That the Secretary of the Senate be, and he is hereby, in­
structed to withdraw from the files of the Senate the original copy
of Senate Document No. 704, “ Hydrographic data relating to United
States navy-yards and naval stations,” and return the same to the
Senator presenting the data to the Senate.

REVISION OF NAVIGATION LAWS.
Mr. FRYE submitted the following resolution, which was
considered by unanimous consent and agreed to:
R e s o lv e d , That 1,000 copies in addition to the usual number be
Tinted of Senate Document No. 701, Sixtieth Congress, second session,

eing the report o the revision and codification of the navigation law
n
s,
500 copies to b for the u of the D
e
se
epartm of C m
ent
om erce’ and L
abor.
IMITATION DAIRY PRODUCTS.
Mr, PENROSE submitted the following resolution, which was
considered by unanimous consent and agreed t o :

That there lie printed for the use of the Senate 3,000 copies
of S. 9003. supplementary to and amendatory of the act of M 9,
ay
1902, entitled "An act to make oleomargarine and other imitation dairy
products subject to the laws of any State or Territory, or the District
of Columbia, into which they are transported, and to change the tax.
provide for the inspection, and regulate the manufacture and sale of
certain dairy products, and to amend an act entitled ‘An act defining
butter, also imposing a tax upon and regulating the manufacture, sale,
imDortation, and exportation of oleomargarine, approved August 2,
1896,’ ” defining the duties of dealers in oleomargarine and other imita
tion dairy products; defining offenses against said act and prescribing
penalties therefor.
R e s o lv e d ,

F ebruary 9,

INFERIOR COURT OF JUSTICE IN THE DISTRICT.
Mr. GALLINGER submitted the following report:
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the House to the bill S.
6359, “An act to change the name and jurisdiction of the in­
ferior court of justice of the peace in the District of Columbia,”
having met, after full and free conference have agreed to recom­
mend and do recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the amend­
ment of the House and agree to the same with amendments as
follows:
Page 1, line 4, of said amendment, strike out the word “ five.”
Page 6, lines 2, 3, 4, 5, and 6, strike out the proviso and insert
in lieu thereof the following:
“ Provided, That the expenditures to be incurred under any of
the provisions of this act shall not in any case exceed the total
amount of revenues and fees of the said municipal court.”
And the House agree to the same.
J. H. Gallinger ,
W . I‘ . D illin gh am ,
T iio m a s S. M a r t in ,
Managers on the part of the Senate.
P. P. Campbell,
J. V an V echten O lcott,
Managers on the part of the House.
The report was agreed to.

house bills and joint resolution referred.
The following bills were severally read twice by their titles
and referred to the Committee on the District of Columbia :
II. It. 16747. An act to amend an act approved March 2, 1907,
entitled “An act for the opening of Mills avenue NE. from Rhode
Island avenue to Twenty-fourth street; ”
H. R. 20837. An act to authorize certain extensions of the
City and Suburban Railway of Washington, and for other pur­
poses ;

II. R. 23864. An act authorizing the widening and extension
of Minnesota avenue SE. from its present terminus near Penn­
O rd ered , That the papers filed in the case of Jam
es B
roiles, Senate sylvania avenue SE. to the Sheriff road;
II. It. 24152. An act for the widening and extension of Massa­
bill N 5226, be w
o.
ithdraw from the files of the Senate, n adverse
n
o
report having been m
ade upon the bill.
chusetts avenue SE. from its present terminus near Fortieth
street SE, to Bowen road;
WITHDRAWAL O PAPERS—JAMES MOYNAIIAN.
F
II. II. 25149. An act to authorize certain changes in the i>ermaOn motion of Mr. T eller, it was
nent system of highways, District of Columbia;
O rd ered . That the papers and affidavits filed in the case of James
II. It. 26472. An act to provide for the extension of RittenM
ovnahan with Senate bill No. 6548 be withdrawn from the files of
house street, in the District of Columbia, and for other pur­
the' Senate, no adverse report having been made on the bill.
poses; and
CLAIMS OF ROMAN CATHOLIC CHURCH IN PORTO RICO.
II. R. 27425. An act to provide for the parole of juvenile of­
Mr. DICK. I move that 2,000 additional copies of the bill
fenders committed to the National Training School for Boys,
(S. 8600) to provide for the payment of the claims of the Washington, D. C., and for other purposes.
Roman Catholic Church in Porto Rico be printed.
H. It. 20385. An act to enable the Omaha and Winnebago In*
The motion was agreed to.
dians to protect from overflow their tribal and allot! d lauds
located within the boundaries of any drainage district in
DISTRICT OF COLUMBIA APPROPRIATION BILL.
The VICE-PRESIDENT laid before the Senate the action of Nebraska was read twice by its title and. referred to the Com­
the House of Representatives disagreeing to the amendments mittee on Indian Affairs.
II. It. 26734. An act to permit change of entry in case of mis*
of the Senate to the bill (II. R. 25392) making appropriations
to provide for the expenses of the government of the District take of the description of tracts intended to lie entered was read
of Columbia for the fiscal year ending June 30, 1910, and for twice by its title and referred to the Committee ou Public
other purposes, and requesting a conference with the Senate on Lands.
H. R. 26838. An act to authorize Helm Brothers, of San Juan,
the disagreeing votes of the two Houses thereon.
Mr. GALLINGER. I move that the Senate*iusist upon its P. It., to construct a bridge across a portion of the Condado Bay.
amendments and agree to the conference asked by the House, at the eastern extremity of San Juan Island Porto Rico, was
read twice by its title and referred to the Committee on Pa­
the Chair to appoint the conferees on the part of the Senate.
The motion was agreed to; and the Chair appointed as the cific Islands and Porto Rico.
ir. J, Res. 234. Joint resolution to authorize the Secretary of
conferees on the part of the Senate Mr. Gallinger, Mr. Elkins ,
War to furnish two condemned bronze cannon and cannon balls
and Mr. T illman .
to the city of Bedford, Ind., was read twice by its title and re­
TENNESSEE RIVER BRIDGE.
ferred to the Committee on Military Affairs.
The VICE-PRESIDENT laid before the Senate the amend­
R P R O COMMISSION O COUNTRY LIFE.
EOT F
N
ment of the House of Representatives to the bill (S. S540) to
amend an act entitled “An act to authorize the construction of
The I ICE-PRESIDENT laid before the Senate the following
a bridge across the Tennessee River in -Marion County, Tenn.,” message from the President of tin* United States (S. I>oc. No,
approved May 20, 1902, as amended by an act approved Feb­ 7 0 6 ); which was read, and, on motion o f Mr. H rrtniH , was,
ruary 1. 1905, entitled “An act to amend an act entitled ‘An act with the accompanying paper, ordered to lie on the table and be
to authorize the construction of a bridge across the Tennessee printed:
River in Marion County, Tenn.,” ' which was, on page 2, after
SPECIAL MESSAGE.
line 8, to insert:
To the Senate and House of Representatives:
Sec. 2. That the bridge to be constructed under the provsions of
I transmit herewith the report o f the Commission on Country
said act shall be constructed in accordance with the provisions of the
act entitled “An act to regulate the construction of bridges over navi­ Life. At the outset I desire to point out that not a dollar o f the
gable waters,” approved M
arch 23, 1906.
public money has been paid to any commissioner fo r his work
Mr. FRAZIER. I move that the Senate concur in the amend­ on the commission.
ment.
The rejxirt shows the general condition of farming life |n
the motion was agreed to.
the open country, and points out its larger problems; it indiWITHDRAWAL OF PAPERS— JAMES BROILES.

On motion of Mr. T eller, it was

1909.

CONGRESSIONAL RECORD— SENATE.

2135

Mr. H E Y B U R N . Tliat is the way the Associated Press, I ninth Congress, which permitted the national banks of the
judge, sent out my statement the other day— I noticed it all United States to carry their reserves away from home and get
over the country— cut in two. They sent out the first half of them into the money centers; and that will be the result of this
the sentence, and they kept the balance, which I presume is legislation if it is enacted into law.
Mr. C ARTER. W ill the Senator kindly explain how?
somewhere about the floor. I am not at their mercy, and I have
Mr. H E Y B U R N . Y e s ; I certainly will not leave my thought
the Record tliat I can appeal to here, and I do not propose to
unfinished. The bill provides that where there is not a market
be half stated. I would rather he misstated, oftentimes.
I stated the other day, and I repeat it, I am opposed, under for this money in the vicinity of its deposit, it may be sent to
the pretense of establishing a postal savings bank, to the Go\- other business centers for investment. In other words, we will
ernment borrowing money from the people at a low rate of Jassume that the bank at home first takes this money. It then
interest and loaning it to others of the people at a high rate of becomes, of course, a part of the reserve which it carries. It
interest. They cut that in two just as the Question of the will enable the bank either to send all of the private depositors’
money abroad and keep this for the purpose of the bank or to
Senator from Washington cut it in two.
Mr. PILE S. Would the Senator oppose a bill which did j send this abroad and keep the other. In other words, it enlarges
not only the ability of the banks under existing law to send
not provide for the payment of interest to the depositor?
their reserves in a larger measure away from home, but it is
Mr. H E Y B U R N . Would I oppose it?
a temptation for them to do it, because they pay a small rate
Mr. P ILE S. Yes.
Mr. H E YB U R N . Whether I would oppose it or support it of interest and they can send it where money is worth more.
would depend upon how it was draw n; what provisions it That proposition is in this bill, because by the direct terms of
the bill this money, if it can not find a market at home, goes
contained.
wherever it can find a market; and whose money is it? By
Mr. P ILE S. The particular point------the terms of the bill it is the Government’s money. The owner­
Mr. H E Y B U R N . Is there such a bill before the Senate?
Mr. N ELSON. Mr. President, will the Senator yield to me? ship of the money shifts at the time of the deposit from the
The V IC E -P R E SID E N T.
Does the Senator from Idaho depositor to the Government of the United States. Where is it?
In the Government Treasury? N o ; it does not go to the Gov­
yield to the Senator from Minnesota?
ernment Treasury. It goes into the national banks, and it is
Mr. H E Y B U R N . Yes.
Mr. NELSO N . There would be no difficulty about this prop­ still branded “ public funds.” It is still safeguarded, as it is
osition and gentlemen would not be agitated if the Senate expressed in section 10, notwithstanding the fact that it is not
would adopt my plan of guaranteeing the deposits in our in the Treasury of the United States. The Government is keep­
ing it in national banks. The national banks are keeping it
banks.
where they please, or may, under the law, because there is no
Mr. H E Y B U R N . This amounts to it.
restriction in the bill as to where they may keep it.
Mr. N ELSON. This is a quasi guaranty------The individuality or the identity of the money has been lost,
Mr. H E Y B U R N . Yes.
Mr. NELSON. O f the smaller depositors, and it is because by the very provision of section 10. It becomes public funds
you ignored my plan at the last session that the people hunger on general deposit. It is not on special deposit. There is no
restriction as to what the bank may do with the money. There
for this homeopathic dose.
Mr. H E Y B U R N . The proposition o f the Senator was to i is no provision that it shall hold a certain amount in reserve
guarantee all the deposits of depositors in national banks. The to meet emergencies. There is none of those ordinary precau­
Senate did not seem to be ready at that time to adopt that tions at all that would stand between reckless banking and the
view. Now they come in and ask that they may reach the safety of the depositor. I f the Government is going to take this
same end by piecemeal and tliat the Government shall guarantee fund and be responsible for it, and pay it on demand, then the
one class of deposits and not another.
Government should protect it, at least to the extent that other
Mr. N ELSON. I will remind the Senator that that is not deposits are now protected.
different from what pertains to the practice o f medicine.
Mr. N E W LANDS. Mr. President------s °m e prefer ullopathy and some homeopathy.
The VIC E -P R E SID E N T. Does the Senator from Idaho yield
Mr. H E Y B U R N . And some none.
to the Senator from Nevada?
Mr. NELSO N . I f we can get insurance of deposits in
Mr. H E Y B U R N . I yield to the Senator.
homeopathic doses, why should we not take it as a beginning?
Mr. N E W L A N D S.
I should like to ask the Senator from
It may lead to something better. I know the Senator from Idaho whether it would not be entirely possible under this bill
Idaho is immensely anxious to help the people o f this country. ^ for the country banks to receive very large amounts of postal
I f we can guarantee the deposits o f small depositors, these j deposits and to turn them over to the great reserve banks, re­
little fellows, in an indirect way, by having Uncle Sam stand j taining in their own hands only 6 per cent to meet the demands
hack of their deposits if we can make that beginning, may it of the Government in case those depositors should call upon the
not be the entering wedge by which we can get the banks to Government for their deposits?
^withdraw their objection to the general guaranty o f deposits. | Mr. H E Y B U R N . Mr. President, they are not even required
O W E N . Mr. President------„
.
. „
T, .
to keep G per cent under this bill.
The V IC E-PR E SID EN T.
Does the Senator fiom Idaho i
Mr N E W L A N D S. The Senator will remember that the na­
yield to the Senator from Oklahoma?
J tional banking act provides that the central reserve cities shall
Mr. H E Y B U R N . Certainly.
r
f T l keep 25 per cent.
“
Mr. O W E N . I desire to suggest to the Senator
Idaho
Mr. H E Y B U R N . But the Senator loses sight of the fact that
that Oklahoma has passed an act providing foi t
~ ‘
these come under the character of government deposits and
°J deP08its In state banks, which has resulted in t ^ reUremen
they do not carry any reserves against them. That was dis­
ef ‘*3 national banks, and tliey have taken out state ^barters closed in the discussion of the question here in the Fifty-mntn
he<auSe of this advantage to the bank. The state banks ha e Congress.
They claim immunity from the responsibility of
p in e d $12,000,000 in deposits and the national banks h a 'e
carrying reserves against government money. So they would
Iwo millions within the last twelve months under that
not have to carry any reserves against these deposits.
Mr. N E W L A N D S. I will ask the Senator if under the bill,
I '1 homeopathic doses it seems to be doing very well, ana
w®nt to commend it to the Senator from Idaho on that g ron jL , then, no reserves are required, is there unj seem it\ that is
Mr. H E Y B U R N . I have had a watchful eye on the gie*
required?
,
‘ tate of Oklahoma for a number of years—even before it wa
S
Mr. H E YB U R N . No security is required. The provision on
? State. Its citizenship is composed of bright, energetic,, u . t
that subject is that—
l*88. men— men who went there because they were resUtss m
Such deposits shall lie made in national banks in the States and
then- disposition. They were not satisfied with the condi
• Territories1in which the funds are received, and when possible m the
counties In which such funds are received.
that surrounded them before they went there, and they are at
an inquiring mind. They are still inquiring whether there
There is no provision here requiring them to give security
* ro not some substitutes for existing things m a
‘ ^
for these funds.
.
.
Jpys. I am still watching them with interest. I want to see
Mr. N E W LA N D S. So they are not obliged either to give se­
h^w they will work out that problem of state governm
curity or to keep any reserve.
S
which they have entered. My hope is with them. I *ve
Mr. H E YB U R N . No.
Confidence in their integrity and good intentions. BntJ \ e n^
Air CUM M INS. Mr. President------more than the few months that have intervened since that gre.
The VIC E-PRE SID EN T. Does the Senator from Idaho yield
glute was launched as one of the States of this Union t o order
reach a safe, sound, and conservative judgment as to whetlur to the Senator from Iowa?
Mr H EYB U R N . Certainly.
„
^
a
bot it is a successs.
Mr! CUM M INS. I can not allow the Senator from Nevada to
♦vH1 President, this is exactly in the line of the
*(tq away without some information on that subject.
t we had under consideration at the last session o t c







2136

CONGRESSIONAL RECORD—SENATE.

F ebruary 10,

Mr. NEWLANDS. That is what I am seeking.
ing considered at that time. The other part of the amendment,
Mr. CUMMINS. The matter now under consideration is an to which the remarks of the Senator are now directed, was not
amendment to the bill. Nevertheless, the original bill provided under immediate consideration at that time.
that the government deposits should be a first lien upon the
Mr. HEYBURN. If I were in court arguing a demurrer, I
resources of the bank. The amendment under consideration pro­ would be subject to the rule suggested by the Senator from
vides that the banks shall give an indemnifying bond to the Nebraska; but we are in a higher court than those in which
satisfaction of the Government for the return of all moneys de­ such questions are raised by the technical rules of pleading,
posited by the Government in the bank. 80 the Senator from and we are discussing this measure a little along the lines sug­
Idaho did not catch that part of the bill which does afford the gested by the now absent Senator from Washington. We are
Government real, substantial security for the money.
discussing this question as a political principle.
Mr. HEYBURN. I was directing my remarks to the bill. The
Mr. BURKETT. My object in interrupting the Senator was
immediate question under consideration was not the amendment to find if we could not discuss it in a way by which we would
offered by the Senator from Idaho, although that is also under finally reach an end and accomplish something.
consideration. I was considering section 10 and the amendments
Mr. HEYBURN. I am very anxious, of course, to accommo­
which were accepted by the Senator from Montana.
date the Senator.
The Senator from Iowa suggests the fact of making these de­
Mr. BURKETT. I am anxious to have the amendments
posits a first lien upon the assets of the bank. That does not acted upon, and we should consider one amendment at a time.
constitute a guaranty. The bank is not required to have any If we considered one amendment at a time and discussed it, we
assets. The bank may have disposed of every dollar of its funds. might get something accomplished at this session; but it will
It is true that the amendment offered by the Senator from not be possible otherwise,
Iowa provides for the giving of an indemnifying bond, but the
Mr. HEYBURN. I think we will get to a point where we will
indemnifying bond would be given I suppose, by the bank re­ have a clear comprehension of the spirit and purpose of this
ceiving deposits to the Government of the United States, so that proposed legislation. That is what I am hoping, and if we do
the Government would be protected against loss at the hands of not reach that point, as far as I am concerned, it will not be
is own agency, the national bank. Would that constitute any for want of careful inquiry and consideration.
protection to the depositor? The depositor needs no other pro­
Of course it would be very nice indeed to just push a bill like
tection than the Government itself. The Government of the this through and say we promised something in the platform,
United States receives this money. It becomes public funds, and we must hurry and do it or somebody will be calling us to
and the Government enters the credit in a book; the depositor account. I do not stand in any fear of being called to account
presents that pass book, and of course the Government wil! by the public or any part of the public for my action in this
pay him. He needs no other guaranty than the faith and the body. I propose that it shall be a conscientious discharge of
ability of the Government.
my duty, and I stand ready to give a reason anywhere for my
But I was directing my remarks more to the other depositors action and for the faith that dictates it.
of the bank than those who deposit under the provisions of the
Mr. CARTER. Mr. President-----bill. A bank has a million dollars in deposits from mer­
The VICE-PRESIDENT. Does the Senator from Idaho yield
chants and business men in a community. You are going to take to the Senator from Montana?
away from those men the security that rests in the fact that
Mr. HEYBURN. Certainly.
the assets of the bank are responsible to them against loss.
Mr. CARTER, Was not the Senator from Idaho a delegate
You are going to deprive them of that right. You are going to to this convention that approved the postal savings bank
protect this single class of depositors at the expense of whom? system?
The bank? No. The Government? No. You are going to
Mr. HEYBURN. The Senator says “ this convention ” that
protect this class of depositors at the expense of the general approved a postal savings bank bill. Inasmuch as the Sena­
depositors in the bank. If a bank with a million dollars of tor has asked me the question, I will make my position so plain
general deposits had ,$500,000 of tins class of deposits were to that there will be no future cause for inquiry.
fail or become insolvent and had $500,000 of assets, the Govern­
Mr. CARTER. I asked the Senator if he was a delegate to
ment would take those assets to do what? To protect the de­ the convention.
positors in the postal savings bank? No; he is already pro­
.Mr. HEYBU RN. I will answer the question. It is the privi­
tected. But to protect the Government itself. Then, what lege of the Senator to ask a question, and it is my privilege to
would become of the million dollars belonging to depositors
answer it. Each of us choose phrases according to our fancy*
doing business in the ordinary way with that bank? Those
I will answer it whenever I am given the opportunity.
depositors would not be left to share in these assets at all.
Mr. NELSON. Mr. President-----The Government would have recouped itself against loss, and
ihe \ ICE-PRESIDENT. Does the Senator from Idaho yield
the general business community doing business with the bank to the Senator from Minnesota?
would be out and injured.
Mr. HEYBURN. Certainly.
No amendment offered to the bill, nothing in the provisions of
Mr. NELSON. I want to remind the Senator from Idaho
tlie bill, seems to take into account the position of the ordinary that lie is not obliged to incriminate himself. [Laughter.]
class of depositors. Are we going to diminish their security in
Mr. HEYBURN. Mr. President, it is just these little pleas­
the interest of those who to-day are said to be so timid that antries interjected into the proceedings of this body that afford
they will not bring the money out of the hiding places? As an us rest.
inducement to bring money out of supposed hiding places are
Mr. McLAURIN. Mr. President-----we going to destroy the credit of the bank and the security of
Ihe \ ICE-PRESIDENT. Does the Senator from Idaho yield
those who do business with it in the ordinary responsible to the Senator from Mississippi?
methods? I would hardly see any necessity for that.
Mr. HEYBURN. Certainly.
Mr. BURKETT. Mr. President-----Mr. McLAl RIN. Can the Senator from Idaho confess that
The VICE-PRESIDENT. Does the Senator from Idaho yield he was a member of that convention without incriminating
to the Senator from Nebraska ?
himself?
Mr. HEYBURN. Certainly.
Mr. HEYBURN. W e will let that answer. Mr. President,
Mr. BURKETT. Does the Senator know that an amendment
come along in due time. I think I have been sitting in part)
pending provides for just the things the Senator is now speak­
councils as long as, or perhaps a little longer, than the Senator
ing of?
rioin Montana. I have at all times since I first entered ujx>n
Mr. IIEYBURN. I think the Senator from Nebraska over­
the responsible duties of citizenship given heed to the good
looks the fact that there are two amendments pending. This
<uth that rests upon a party and its responsibilities. I have
amendment is separable. The Senator in charge of the bill
never engaged.or participated in the making of a platform that
undertook to accept the amendment proposed on line 24 of expressed principles I did not adhere to and live up to. The
page 7 in section 10. That was the point which brought me to making, as I have said, in the Chicago convention of a declare*
my feet. I have not undertaken to discuss the amendment of U0 1 in favor of the enactment of a proj)er law establishing
1
the Senator from Iowa in its general terms. We have not postal sa\ ings banks did not carry with it the promise or the
reached it, and I have not realized the necessity of doing so. responsibility to adopt any legislation upon that subject that
We will reach i t ; we must reach it.
might be proposed by anybody.
Mr. BURKETT. The real thing that was up for discussion
Mr. CARTER. Mr. President, I should like to ask the
at the time was the first few lines of section 10, providing that tor-----this deposit fund should be public money, and providing that it
n.lr'
me anticipate the Senator for a momentshould be public money, subject to the criminal statute. The
Ihe VICE-PRESIDENT. Does the Senator from Idaho yield
^enator took issue because he said section 16 practically covered to the Senator from Montana?
the same thing. That was the real amendment which was beMr. HEYBURN. Certainly.

CONGRESSIONAL RECORD— SENATE.

1909.

2141

The V IC E -P R E S ID E N T . Fifty-seven Senators have an­
in this country a superior right to another in any respect. I f
he puts his money in a bank, he should have exactly the same swered to their names. A quorum of the Senate is present. The
right and he subjected to the same risk as another. W h a t ! question recurs on agreeing to the motion of the Senator from
Are you going to give the miser a superior claim as against a Illinois that the Senate proceed to the consideration of execu­
merchant in distributing the assets of a bank? I think not. tive business. [Putting the question.] The ayes seem to have it.
Mr. B U R K E T T and Mr. C A R TE R demanded a division; and
Are these people whose guardians you are going to become so
meritorious that they shall have any preferential rights as the Senate proceeded to divide.
Mr. B U R K E T T . W e may as well have the yeas and nays.
against the candid, open, responsible business world? I think j
Mr. CU LLOM . I f there is any trouble about the matter, I
not. The fact is, with all the enumeration of the men and the i
bodies of men who have considered this question, there has not will withdraw the motion. There is very little to be done in
been recited a single instance of special qualifications on the executive session, but some Senators wish to have certain nomi­
nations acted upon.
Part of any man whose judgment is relied on.
The V IC E -P R E SID E N T . Does the Senator insist upon his
I would rather take the judgment o f the Senator from Mon­
tana than the judgment of any man who ever occupied the posi­ motion or does he withdraw it?
Mr. CULLOM. I insist upon it, in view of the statement I
tion o f Postmaster-General of the United States, and I would j
father take the judgment of the Senate of the United States have made, and I will let the Senate determine the question.
The V IC E -P R E SID E N T . The question is on agreeing to
than the judgment of any body of men in the world upon
this question. But we will have to bow to the judgment of the the motion of the Senator from Illinois that the Senate pro­
Congress o f the United States, because the Congress of the ceed to the consideration of executive business, on which the
yeas and nays are demanded.
United States is the United States Government.
The yeas and nays were ordered.
Mr. President, why should we protect the deposits o f this
The Secretary called the roll, and the result was announced— 1
class of undesirable citizens— because if the charges against
them are sustained that is what they are? W hy should we yeas 39, nays 1G, as follow s:
Piake their deposits sacred from taxation? M hy should we
YEAS—39.
Page
Heyburn
°xempt them from their liability to attachment, to execution Bacon
Cullom
Paynter
Johnston
Dick
Under the law? W hy should we protect the deposits of this Bailey
Rayner
Kean
Elkins
Bourne
Undesirable class of citizens from whom we are to wrest their ; Brandegee
Richardson
Lodge
Frazier
Smoot
McCreary
savings and take possession of them as their guardians? W hy , Briggs
Frye
Sutherland
McEnery
Fulton
should we give them special favors and benefits under the law ; Burnham
Teller
McLaurin
Gallinger
Burrows
by exempting their deposits from taxation and liability to at­
Warren
Martin
Gary
Clark, Wyo.
Wetmore
Milton
tachment and the other things from which they are exempted? . Clay
Guggenheim
Nixon
Ilemenway
Why do we not exempt the money of the man who is doing : Crane
business and adding to the prosperity o f the country, if we are
NAYS—16.
Piles
La Follette
going to exempt anybody? I am not in favor of exempting Borah
Cummins
Simmons
McCumber
Curtis
juy man’s money from the burdens and the responsibility which Brown
Taylor
Nelson
du Pont
Burkett
the law places upon it. But I certainly am not going to vote Carter
Warner
Overman
Flint
: ° r any bill that proposes to exempt this fund, real or imag­
NOT VOTING—37.
inary— an(j no mjm knows how much of it is real and how
Scott
Hopkins
Depew
much of it is imaginary— from the burdens that other men’s Aldrich
Smith, M
d.
Kittredge
Dillingham
Ankeny
Smith, Mich.
Knox
nmPerty bear» ln resP°nse, if I may be permitted to say, Bankhead
Dixon
Stephenson
Long
Dolliver
although it is not very parliamentary, to a half-baked sentiment. B e v e r id g e
Stone
Money
Foraker
1 will not slander the Congress by saying we have in the Buikeley
Taliaferro
Newlands
Foster , .
Clapp
£ast or will in the future give the country unwise legislation Clarke. Ark.
Tillman
.Owen
Gamble
i TniTi.se
Gore
jur want of intelligent consideration; but I feel justified in Cullierson
Perkins
Hale
Daniel
Bering a warning against it on this occasion because of the Davis
Platt
Hansbrough
th feQ^' P€rs'st ° nt demand that a vote shall be taken to-day on
So the motion was agreed to. and the Senate proceeded to the
8 bill or some amendment to it.
consideration of executive business. After eight minutes spent
The amendment the Senator from Iowa [Mr. C u m m i n s ] in executive session the doors were reopened.
uers, which provides for the striking out of section 10 and
PENSION BILLS.
setting a new section 10 in place of section 11, raises an enu-e!y new questjou an(i presents an entirely different system,
Mr. M cCUM BER. I ask unanimous consent that the Senate
^bcre are some features of it which would commend them- now "proceed to the consideration of unobjected pension bills
^os to me if tliey were not coupletl with the geneicil phm of upon the calendar and that no other business be transacted dur­
growing one man’s money to loan it to another.
ing the remainder of the day.
The V IC E -P R E SID E N T. The Senator from North Dakota
I understand the Senator from Illinois [Mr. C ullom ] desires
i asks unanimous consent that the Senate proceed to the con0 move an executive session.
! sideration of unobjected pension bills on the calendar and
Mm CULLOM . I do.
that no other business be transacted. Without objection, it is
Mr- H E Y B U R N . I yield for that purpose.
so ordered, and the Secretary will announce the first pension
kxkcutive session .
bill on the calendar.
enMr- CULLOM. I move that the Senate proceed to the conThe bill (II. R. 24831) granting pensions and increase of
cration of executive business.
.
pensions to certain soldiers and sailors of the civil war and
Hie V IC E -P R E SID E N T .
The
v lU H LriiESIDENT.
Tlie question is on agreeing to
certain widows and dependent relatives of such soldiers aud
motion of the Senator from Illinois that the Senate proceed
sailors was considered as in Committee of the Whole.
The bill was reported from the Committee on Pensions with
amendments.
The first amendment of the Committee on Pensions was, on
i w in m x y w
ocu
page 13, after line 19, to strike o u t:
U'ken up, if that is the objection.
The name of Lennder E.
Company ,
110 question was p u t; and there were on a division— a jes Regiment Indiana VolunteerBaldwin, late ofpay lnm a C Eighty-ninth
Infantry, and
pension at tho
rate of $30 per month in lieu of that be is now receiving.
’ »<** 9, no quorum voting.
£ ,r- CULLOM . I ask for a call of the Senate.
The amendment was agreed to.
Die V IC E -P R E S ID E N T . The Secretary will call the roll.
The next amendment was, on page 17, line 24, before the
The Secretary called the roll, and the following Senators word “ dollars,” to strike out “ th irty ” and insert “ twentyls"ered to their nam es:
four,” so as to make the clause read:
Page
nnkeny
Guggenheim
Crane
T h o
name of Ezer D. Largent. late of Independent Company, DenPaynter
Hcmenway
Culberson
nUnn Guards, Ohio Volunteer Infantry, and pay him a pension at the
Piles
Heyburn
Cullom
rate of $24 per month in lieu of that he is now receiving.
Ka.v tier
.lohnston
Cummins
Simmons
Kean
Curtis
The amendment was agreed to.
ij°urne
Smoot
La Follette
Pick
The next amendment was, on page IS, line 20, before the
granOegee.
Sutherland
Lodge
Dixon
Taylor
word “ dollars,” to strike out “ forty-five” and insert “ forty,”
McCreary
du Pont
Teller
McCumber
Elkins
so as to make the clause read:
Rirkett
Warner
McEnery
Flint
The name of James H. Easley, late first lieutenant Company E,
gurnham
Warren
McLaurln
Foster
0 " tr,,'V
8
Third Regiment Iowa Volunteer Cavalry, and pay him a pension
Wetmore
Martin
Frazier
garter
at the rate of $40 per month in lieu of that he is now receiving.
Frye
Milton
c i £ k’ *y o .
Nixon
F u lto n
The amendment was agreed to.

te f*

Qore




Owen

2142

CONGRESSIONAL RECORD-SENATE.

The next amendment was, on page 20, line 23, before the
word “ dollars,” to strike out “ forty-five ” and insert “ forty,”
so as to make the clause read:

F

ebruary

10,

/*-

The next amendment was, on page 49, after line 20, to strike
out:
The name of Stephen D. Compton, late of Company E. Fiftieth Regi-

issouri Volunteer Infantry, and pay him a pension at the rate
The nam of John A W
e
. alsh, late quartermaster-sergeant Twelfth raont M
Regiment, and lieutenant-colonel Fifty-sixth Regiment New York State of $24 per month in lieu of that he is now receiving.
Militia, and pay him a pension at the rate of $40 per month in lieu of
The amendment was agreed to.
4
that he is now receiving.
The bill was reported to the Senate as amended, and the
The amendment was agreed to.
The next amendment was, on page 20, after line 12, to strike
out:

'Gong

The name of Orestes L. Strong, late of Com
pany F, O hundred and
ne
fifth Regiment Ohio Volunteer Infantry, and pay him a pension at the
rate of $40 per month in lieu of that he is now receiving.




Mr. McCUMBER. The beneficiary has died since the bill
passed the House.
The amendment was agreed to.
Mr. McCUMBER. On page 26 I move to strike out lines 21
to 24, inclusive, in the following words:

The name of W
illiam H. Donance, late of Com
pany K, Twenty-seventh
Regiment New York Volunteer Infantry, and pay him a pension at the
rate of $24 per month in lieu of that he is now receiving.
The amendment was agreed to.
The next amendment was, on page 27, after line 8, to strike
out:

The name of Thomas E. Jacobs, late of Company B, Fourth Battalion
District of Columbia Militia Infantry, and pay him a pension at the
rate of $24 per month in lieu of that he is now receiving.
The amendment was agreed to.
The next amendment was, on page 35, line 18, before the word
“ dollars,” to strike out “ twenty-four” and insert “ thirty-six,”
so as to make the clause read:

The name of Jacob L. Parker, late of Company A Tenth Regiment
,
New .T
ersev Volunteer Infantry, and pay him a pension at the rate of
$36 per month in lieu of that he is now receiving.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendments were concurred in.
The amendments were ordered to be engrossed and the bill
to be read a third time.
The bill was read the third time and passed.
The bill (H. R. 25391) granting pensions and increase of pen­
sions to certain soldiers and sailors of the civil war and certain
widows and dependent relatives of such soldiers and sailors
was considered as in Committee of the Whole.
The bill was reported from the Committee on Pensions with
amendments.
The first amendment of the Committee on Pensions was, on
page 19, line 8, before the word “ dollars,” to strike out “ thirty ”
and insert “ forty,” so as to make the clause read:

The name of Elizabeth Sanderson, widow of Thomas W Sanderson,
.
late lieutenant-colonel and colonel Tenth Regiment Ohio Volunteer
Cavalry, and pay her a pension at the rate of $40 per month in lieu
of that she is now receiving.
The amendment was agreed to.
The next amendment was, on page 29, after line 8 ,'to strike
out:

The name of Benjamin F. Rantz, late of Company C Eighteenth
,
Regiment Wisconsin Volunteer Infantry, and pay him a pension at the
rate of $40 per month in lieu of that he Is now receiving.
The amendment was agreed to.
The next amendment was, on page 39, after line 14, to strike
out:

The name of Francis Heath, late of Company E, One hundred and
fiftv-sirth Regiment Indiana Volunteer Infantry, and pay him a pen
sion at the rate of $20 per month in lieu of that he is now receiving.
The amendment was agreed to.
The next amendment was, on page 43, after line 16, to strike
out:

The name of Benajah E. Smith, late of Company A Twenty-first
,
Regiment Connecticut Volunteer Infantry, and pay him a pension at
the rate of $30 per month in lieu of that he is now receiving.
The amendment was agreed to.
The next amendment was, on page 44, line 23, before the word
“ dollars,” to strike out “ forty-five ” and insert “ forty,” so as
to make the clause read:

The name of Nicholas C Buswell, late lieutenant-colonel. Ninety.
third Regiment Illinois Volunteer Infantry, and pay him a pension at
the rate of $40 per month in lieu of that he is now receiving.
The amendment was agreed to.
The next amendment was, on page 48, after line 12, to strike

out:

The name of Lewis Carbino, late of Company G Sixtieth Regiment
,
New York Volunteer Infantry, and Company A, Seventh Regiment New
York Volunteer Heavy Artillery, and pay him a pension at the rate of
$24 per month in lieu of thut he is now receiving.
The amendment was agreed to.

||

amendments were concurred in.
jj r ®
The amendments were ordered to be engrossed and the bill to
be read a third time.
,\
The bill was read the third time and passedThe bill (S. 9067) to grant pensions and increase of pensions
to certain soldiers and sailors of the civil war and to certain
widows and dependent relatives of said soldiers was considered
as in Committee of the Whole. It proposes to pension the fob
f
lowing persons at the rate per month named:
7.
Simeon F. Dickinson, late first lieutenant Company E, Second
j
Regiment Michigan Volunteer Cavalry, $30.
Elmira S. T upper, widow of George W . Tapper, late of Com­
pany E, First Regiment New Hampshire Volunteer Heavy Ar­
tillery, $12.
William J. Irvine, late of Company B, Denver City Home
Guards, Colorado Volunteer Infantry, $20.
John Reed, late of Company E, Fifty-first Regiment Illinois
Volunteer Infantry, $30.
Richard II. Tombaugh, late of Twenty-sixth Independent Batl
tery, Ohio Volunteer Light Artillery, $30.
3
Louis N. Lafontisee, late of Company A, Ninety-second Reg*"
ment, and Company D, Ninety-sixth Regiment, New York lo lunteer Infantry, $24.
.
Samuel P. Leith, late of Company C, Ninety-eighth Regiment
Illinois Volunteer Infantry, $30.
.
Herman J. Wall, late of Company M, Twenty-first R e g im e n t
New York Volunteer Cavalry, $30.
John Frazer, late of Company G, Thirty-fifth Regiment In1
*
nois Volunteer Infantry, $30.
John S. Hall, late of Company I, Twenty-seventh R e g im e n t
Illinois Volunteer Infantry, $30.
*
Malinda Wood, helpless and dependent child of John H. Woou*
late of Company A, Ninth Regiment Kansas Volunteer Cavairy, $12.
Benjamin F. Martz, late captain Company E, Fifty-seventn
1
Regiment U. S. Colored Volunteer Infantry, $30.
t
William Crawford, late of Company D, Third Regiment Iowa
Volunteer Cavalry, $30.
1
Girden C. Day, late of Company C, Sixty-ninth R e g i m e n t I’ D
*
nois Volunteer Infantry, $20.
John A. Wier, late of Company G, Seventh Regiment Kansas
Volunteer Cavalry, $30.
.
Thomas H. Wells, late of Company F, Ninety-third Regiment
New York Volunteer Infantry, $24.
.,
Conrad Seim, late of Company C, Seventy-fifth Regiment Id *
nois Volunteer Infantry, $24.
Alfred R. Babb, late of Company G, Seventh Regiment Kan­
sas Volunteer Cavalry, and second "lieutenant Company C, Hfty*
fifth Regiment U. S. Colored Volunteer Infantry, $30. ^
William A. Plantz, late second lieutenant Company E, Fortysixth Regiment Illinois Volunteer Infantry, $24.
George W. Parsons, late of Company I, First Regiment Mary* „ j
land Volunteer Cavalry, $30.
.
t
Joseph B. Graham, late of Company F, Ninety-first Regime0
Indiana Volunteer Infantry, $24.
Robert W. Pool, late of Company I, Fifteenth Regiment Obi
j
Volunteer Infantry, $50.
*
.
Hezekiah Allen, late of Company E, Twenty-third Regimen
Indiana Volunteer Infantry, $30. "
*
I
Charles Muller, late of Company G, Second Regiment Calif°r*
l
nia Volunteer Cavalry, $30.
Peter J. Coughlin, late of Company A, First Regiment Pm0*
■
mac Home Brigade Maryland Volunteer Cavalry, $30.
j
Mary A. Wampler, dependent mother of William A. Wampler*
late of Company C, Sixty-eighth Regiment Illinois Volume®
Infantry, and Company K, Seventeenth Regiment Indiana ’ ° *
unteer Mounted Infantry, $12.
t
John A. Gibson, late of Company E, Thirteenth Regiment o
Virginia Volunteer Infantry, $24.
,
George W. Morton, late of Company F, Ninth Regiment Ne
Hampshire Volunteer Infantry, $24.
. _*
Bernard W. Fisher, late of Company C, Seventh Regime
West Virginia Volunteer Infantry, $30.
.
*
Richard S. Harrison, late of Companv C, Sixteenth Begun® *
and Company L, Twelfth Regiment, Kentucky Volunteer t a v
alry, $24.
f.
i
Maberry Riggs, late of Company H, Eighth Regiment Mm*
J
sour! Volunteer Infantry, $30.

1909.

CONGRESSIONAL RECORD— SENATE.

2179

He also, from the same committee, to whom was referred the
bill .(S . 8932) to amend the record of David H . Dickinson, re­
ported adversely thereon and moved that the bill be postponed
indefinitely, which was agreed to.
Mr. W A R R E N , from the Committee on Military Affairs, to
whom was referred the bill (S. 5401) to increase the efficiency
of the pay department, United States Army, reported it with
amendments and submitted a report (X o. 968) thereon.
He also, from the same committee, to whom was referred the
bill (S. 9198) authorizing the Secretary of W a r to furnish two
condemned brass or bronze field guns, carriages, and cannon
bails to the State of Utah, reported it without amendment and
submitted a report (X o. 969) thereon.
He also, from the same committee, to whom was referred the
joint resolution (H . J. Res. 241) to authorize the Secretary of
W ar to furnish one condemned bronze cannon and cannon balls
to the city of Robinson, 111., reported it without amendment.
Mr. C RAN E, from the Committee on Post-Offices and PostRoads, to whom were referred che following bills, reported them
severally without amendment:
A bill" (II. R. 5728) for the relief of James H . Do C oster; and
A bill (H . R. 15603) for the relief of John W . Wood.
He also, from the same committee, to whom were referred the
following bills, reported them severally without amendment and
submitted reports thereon:
A bill (S . 7752) for the relief of the Boston and Maine R ail­
road (Report Xo. 9 7 7 ) ; and
A bill (S. 8324) for the relief of E. C. Mansfield (Report Xo.
D7S).
Mr. F R Y E , from the Committee on Commerce, to whom was
referred the amendment submitted by himself on the 27th
ultimo, providing for an increase in the number o f officers of
the grade of senior captain in the Revenue-Cutter Service, etc.,
intended to be proposed to the sundry civil appropriation bill,
reported it with amendments and moved that it be printed and,
with the accompanying papers, referred to the Committee on
Appropriations, which was agreed to.
Mr. P E R K IN S , from the Committee on Commerce, to whom
was referred the bill (S . 8231) to authorize the Secretary o f the
Treasury to cause to be erected a suitable building or buildings
and Post-Roads.
He also presented a petition o f sundry citizens of Morton and for marine-hospital purposes on the present marine-hospital site
Oliver counties, N. Dak., praying that an appropriation be made at San Francisco, Cal., and to remove all or any of the present
to protect the banks o f the upper Missouri River in townships structures on said site, reported it without amendment and sub­
740 and 141, range 81, in that State, which was referred to the mitted a report (No. 971) thereon.
li e also, from the same committee, to whom was referred the
Committee on Commerce.
Mr. B U R K E T T presented a petition o f the Farmers Institute amendment submitted by himself on the Gth instant, proposing
° f Madison County, Nebr., praying for the passage of the so- to appropriate 835,000 for the Alcatraz light station, California,
called “ rural parcels-post” and “ postal savings b an k s’ bills, intended to be proposed to the sundry civil appropriation bill,
which was referred to the Committee on Post-Offices and Post- reported favorably thereon and moved that it be referred to the
Committee on Appropriations and printed, which was agreed to.
Roads.
Mr. B U L K E L E Y , from the Committee on Military Affairs, to
Mr. B U L K E L E Y presented a petition of sundry citizens of
Lyme, Conn., praying for the passage of the so-called “ rural whom was referred the bill (S . 1894) for the relief o f Lawrence
Pareels-post’ and “ postal savings banks
hills, which was re­ ; T. Fetterman, submitted an adverse report (No. 972) thereon,
which was agreed to, and the bill was postponed indefinitely.
ferred to tiie Committee on Post-Offices and Post-Roads.
He also, from the same committee, to w h o m was referred the
He also presented a petition of sundry citizens o f Colchester,
Conn., praying for the passage of the so-called “ Burkett anti- bill (S . 3828) to correct the military record of Laurence T.
Kambling race bill,” which was referred to the Committee on the ; Fetterman and grant him an honorable discharge, reported ad! versely thereon, and the bill was postponed indefinitely.
Judiciary.
Mr. W A R N E R , from the Committee on Military Affairs, to
Ho also presented a petition of sundry citizens of Middletown,
Conn., praying for the enactment o f legislation to provide for whom was referred the joint resolution (S. R. 127) authorizing
Rational cooperation in technical education, which was referred an extension of the tracks of the Atchison, Topeka and Santa
Fe Railroad on the military reservation at Fort Leavenworth,
fo tile Committee on Agriculture and Forestry.
Mr. B IU N D E G E E presented a petition of sundry citizens of Kans., reported it without amendment and submitted a report
(No. 973) thereon.
Colchester, Conn., praying for the passage of the so-callet
Mr. F L IN T , from the Committee on Education and Labor, to
'B urkett antigambling ra c e” bill, which was referred to the
whom was referred the bill (S. 8323) to establish in the D e­
Committee on the Judiciary.
1
He also presented a petition o f Rippowan Grange. No. n o , partment of the Interior a bureau to be known as the Chil­
dren’s Bureau, reported it without amendment and submitted a
Patrons o f Husbandry, of Stamford, Conn., praying for the pas
of the so-called “ rural parcels-post” and “ postal savings I report (No. 974) thereon.
Mr. PILE S, from the Committee on Commerce, to whom w as
banks ” bm s> which was referred to the Committee on l ostreferred the 'amendment submitted by himself on the 10th in­
Cffices and Post-Roads.
stant proposing to appropriate $30,000 for a light-house and
REPORT O NATIONAL ACADEMY OF SCIENCES.
K
fog-signal station on Eliza Island, Bellingham Bay, Washington,
Mr. W E T M O R E . I present the annual report o f the National intended to be proposed to the sundry civil appropriation bill,
Academy of Sciences for the year 1908, as required by the reported favorably thereon, and moved that it be printed and,
8^ tu te . The same statute provides for the printing o f the ie- with the accompanying papers, referred to the Committee on
I Appropriations, which was agreed to.
D 'ft, so that no action by the Senate is necessary.
He also, from the same committee, to whom was referred the
The V IC E -P R E SID E N T . The report will lie on the table.
on
amendment submitted by himself on the 10th instant, providing
reports of committees .
| for tiie purchase of a site and for the purchase and construction
Mr. SCOTT, from the Committee on Military Affairs, to w hum 1 of a wharf and storehouses thereon at some point on the northvas referred the bill (H . R. 27942) to amend the military leeort I ern coast of the State of Washington between Cape Flattery
d I >uvkl H. Dickinson, reported it without amendment and sub- | and l ’ort Townsend, intended to be proposed to the sundry civil
Ritted a report (No. 907) thereon.

He also presented a petition o f Enterprise Harbor, Xo. 2,
American Association o f Masters, Mates, and Pilots, of Camden,
X . J., praying for the passage o f the so-called “ Knox bill con­
cerning licensed officers of steam and sail vessels, which was
referred to the Committee on Commerce.
He also presented the memorial of Henry M . Kevins, com­
mander in chief, Grand Army of the Republic, of Red Bank,
X . J., remonstrating against the consolidation of certain pen­
sion agencies throughout the country, which was referred to
the Committee on Pensions.
He also presented a petition o f the Beckwith-Chandler Company, o f Newark, N. J., praying for the enactment o f legislation
providing for the federal inspection, gauging, grading, and
marking o f all naval stores, which was referred to the Com­
mittee on N aval Affairs.
He also presented a petition of the Mercer County Central
Labor Union, of Trenton, X . J., praying for the enactment of
legislation to curtail the power of judges in imposing ja il sen­
tences on leading members o f organized labor, which was re­
ferred to the Committee on the Judiciary.
He also presented the petition of Rev. Aloys M. Fish, presi­
dent o f the American Prison Chaplains’ Association, o f Trenton,
N. J., praying that an appropriation be made for tbe reception
of the International Prison Congress, to be held in Washing­
ton, I). C., in 1910, which was referred to the Committee on
Appropriations.
He also presented a petition of Local Union Xo. 112, Interna­
tional Brotherhood of Stationary Firemen, of Orange, X . J.,
Praying for the enactment of legislation to license firemen,
stokers, and water tenders in the District o f Columbia, which
was referred to the Committee on the District of Columbia.
He also presented a petition of the librarian o f the Free
Public Library of Newark, N. J., praying for the repeal of the
duty on hooks and other printed matter, which was referred to
Bie Committee on Finance.
Mr. M cC U M B ER presented a memorial of the North Dakota
Retail Hardware Association, of Bismarck, X . Dak., remon­
strating against the passage of the so-called “ rural parcelspost ” bill, which was referred to the Committee on Post-Offices







2180

CONGRESSIONAL RECORD— SENATE.

appropriation bill, reported favorably thereon, and moved that
it be printed and, with the accompanying papers, referred to
the Committee on Appropriations, which was agreed to.
He also, from the same committee, to whom was referred the
amendment submitted by himself on the 6th instant, proposing
to appropriate .$140,000 for establishing aids to navigation in
Alaskan waters, etc., intended to be proposed to the sundry
civil appropriation bill, reported favorably thereon and moved
that it be printed and, with the accompanying papers, referred
to the Committee on Appropriations, which was agreed to.
OWEN, from the Committee on Indian Affairs, to whom
was referred the bill (S. 3423) to pay the balance due the loyal
Creek Indians on the award made them by the Senate on the|
16th day of February, 1903, reported it without amendment, andj
submitted a report (No. 975) thereon.
Mr. CURTIS, from the Committee on Indian Affairs, to whom
Srhs referred the bill (S. 8554) authorizing the Secretary of the
Interior to sell part or all of the surplus lands of members of
the Kaw or Kansas tribe of Indians in Oklahoma, reported it
with amendments and submitted a report (No. 976) thereon.
Mr. CLARK of Wyoming, from the Committee on the Judi­
ciary, to whom was referred the bill (S. 9295) in relation to the
salary of the Secretary of State, reported it with an amendment.
DONATION OF CONDEMNED CANNON.
Mr. SCOTT. I am directed by the Committee on Military
Affairs, to whom was referred the bill (S. 6392) to authorize
the Secretary of War to furnish two condemned brass cannon
and cannon balls to the county court of Mercer County, W . Va.,
to report it favorably with an amendment, and I submit a re­
port (No. 965) thereon. I ask for the immediate consideration
of the bill.
The Secretary read the bill; and there being no objection, the
Senate, as in Committee of the Whole, proceeded to its con­
sideration.
The amendment was, after the word “ authorized,” in line 3, to
insert:

And directed to donate to the county court of M
ercer County, W Va.,
.
two condemned bronze fieldpieces. with their carriages, which may be
available and may not he needed in the service, the same to be used in
the park surrounding the court-house, in the town of Princeton, W Ya.:
.
P r o v id e d , That no expense shall be incurred by the United States in
connection with the donation of the above-mentioned articles of
ordnance property.
So as to make the bill read:

, e tc ., That the Secretary of W be, and lie is hereby,
ar
authorized and directed to donate, etc.
B e i t e n a c te d

F ebruary 11,

to the city of Henderson, Ky. I ask unanimous consent for the
present consideration of the bill.
The Secretary read the bill; and there being no objection,
the Senate, as in Committee of the Whole, proceeded to its
consideration.
The bill was reported to the Senate without amendment,
ordered to a third reading, read the third time, and passed.
OMAHA AND WINNEBAGO INDIAN LANDS.
Mr. BROWN. I am directed by the Committee on Indian
Affairs, to whom was referred the bill (II. R. 203S5) to enable
the Omaha and Winnebago Indians to protect from overflow
their tribal and allotted lands located within the boundaries of
any drainage district in Nebraska, to report itrfavorably with­
out amendment, and I submit a report (No. 904) thereon. I
ask for the present consideration of the bill. I will state that
the bill in all its provisions is identical with Senate bills passed
by the Senate at the present session.
The Secretary read the bill; and there being no objection,
the Senate, as in Committee of the Whole, proceeded to its con­
sideration.
The bill was reported to the Senate without amendment, or­
dered to a third reading, read the third time, and passed.
Mr. BROWN. I move that the bill (S. 8356) to enable the
Omaha Indians to protect from overflow their tribal and allotted
lands located within the boundaries of any drainage district iu
Nebraska, and the bill (S. 9039) to enable the Winnebago In­
dians to protect from overflow their tribal and allotted lands
located within the boundaries of any drainage district in
Nebraska, be recalled from the House.
The motion was agreed to.
Air. BROWN. I enter a motion to reconsider the votes by
which the bills were ordered to a third reading and passed.
DONATION OF CONDEMNED CANNON.
Air. WARREN. From the Committee on Military Affairs.
I report back favorably without amendment the bill (S. 9160 >
authorizing the Secretary of W ar to furnish four condemned
brass or bronze field guns, carriages, and cannon balls to the
State of South Carolina, and I submit a report (No. 906)
thereon.
Air. TILLMAN. I ask unanimous consent that the bill may
have immediate consideration.
The Secretary read the blil; and there being no objection, the
Senate, as in Committee of tbe Whole, proceeded to its consid­
eration.
The bill was reported to tbe Senate without amendment,
ordered to be engrossed for a third reading, read tbe third time,
and passed.
NORTH AMERICAN GYMNASTIC UNION.

The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
Air. FORAKER. From the Committee on Military Affairs,
The title was amended so as to read: ‘ A bill authorizing the i I report back favorably without amendment the joint resolu­
Secretary of War to donate two condemned cannon to the county tion (II. J. Res. 226) authorizing the Secretary of War to loan
court of Mercer County, W . Va.”
certain tents for use at the festival encampment of the North
American Gymnastic Union, to be held at Cincinnati, Ohio, in
WYATT 0. SELKIRK.
June, 1909, and I submit a report (No. 962) thereon. I ask
Mr. TALIAFERRO. I report back favorably, without amend­
unanimous consent for the present consideration of tbe joint
ment, from the Committee on Military Affairs the bill (H. R. resolution.
18726) for the relief of Wyatt O. Selkirk, and I submit a report
The Secretary read the joint resolution; and there being no
(No. 963) thereon. I invite the attention of the senior Senator
objection, the Senate, as in Committee of the AVhole, proceeded
from Texas to the hill.
to its consideration.
Mr. CULBERSON. I ask unanimous consent for the consid­
The joint resolution was reported to the Senate without
eration of the bill.
amendment, ordered to a third reading, read the third time, and
The Secretary read the bill, as follows:
passed.
it e n a cted e t c .. That the name of First Lieut. Wyatt 0. Selkirk
ohaii w advanced to a place next above the name of First Lieut. George
? W drick on the lineal list of officers of the Coast Artillery Corps,
■m that thereafter tlie name of Lieutenant Selkirk shall be borne in
l
“ at felative position on tlm records of the W Department and on the
ar
Army Register.

Mr. KEAN. What is the object of the bill?
Mr! WARREN. It is to correct an error. It is being done on
the recommendation of the Chief of Staff.
Mr. RELAX. I thought the President had vetoed several of
those bills.
There being no objection, the bill was considered as in Com­
mittee of the Whole.
The bill was reported to the Senate without amendment, or­
dered to a third reading, read the third time, and passed.
' DONATION OF CONDEMNED CANNON.
Mr. McCREARY. I am authorized by the Committee on
Military Affairs to report back favorably the bill (EL R.
27069) to authorize the Secretary of War to donate two con­
demned brass or bronze cannon or fieldpieces and cannon balls

INDUSTRIAL PEACE COMMITTEE,
Air. CLARK of Wyoming. From the Committee on the Judi­
ciary, I report back the bill (H. R. 19662) to amend au act en­
titled “An act to establish the Foundation for the Promotion of
Industrial Peace.” The Committee on Education and Lai**
has had under consideration a bill identical in form and sub­
stance, and I move that the Committee on the Judiciary be dis­
charged from its further consideration, and that the bill be
referred to the Committee on Education and Labor. I ca
the attention of the Senator from Virginia [Air. D aniel ] to
the bill.
Air. DANIEL. Can not the motion be divided, and the ques­
tion first put on discharging the committee?
The VICE-PRESIDENT. Without objection, the question
will first be put as to whether the Committee on the Judiciary
shall be discharged from the further consideration of the bill*
The question is on agreeing to the motion to discharge the
committee.

The motion was agreed to.

1909.

CONGRESSIONAL RECORD— SENATE.

privilege to make commutation of Ins homestead entry, rep )
it without amendment and submitted a report (Iso. 9SS) thereon.
jj[r. D IL L IN G H A M , from the Committee on the District ot
Columbia, to whom was referred the bill (H . 11. 27425) to pro­
vide for the parole of juvenile offenders committed to the
National Training School for Boys, Washington, D. C., and
for other purposes, reported it without amendment and sub­
mitted a report (No. 989) thereon.
He also from the same committee, to whom was referred the
bill (S. 89G0) to provide for the parole of juvenile offenders
committed to the National Training School for L o js, Washing­
ton, D. C., and for other purposes, submitted an adverse repoit
(No. 990) thereon, which was agreed to, and the bill was post­

2359

nated by the Secretary of the Interior as not being, in his opin­
ion, susceptible of successful irrigation^ at a reasonable cost
from any known source of water supply.”
That the Senate recede from its disagreement to amendment
numbered 9, and agree to the same with an amendment as fol­
low s: In lieu of the matter stricken out by said amendment

insert:
g E"c. g. That whenever toe Secretary of the Interior shall find
that any tracts of land in the State of Utah subject to entry
under this act do not have upon them such a sufficient supply
o f water suitable for domestic purposes as would make continu­
ous residence upon the lands possible, he may in his discretion
designate such tracts of land, not to exceed in toe aggregate tu o
million acres, and thereafter they shall be subject to entry under
poned indefinitely.
„
. _ „
. T ,
>
this act without the necessity of residence: Provided, That m
Mr. PEN BO SE, from the Committee on Post-Offices and I ostsuch event the entryman on any such entry shall m good faith
Roads, to whom was referred the bill (S . 8S03) to codify, re­
cultivate not less than one-eighth of the entire area of the entry
vise, and amend the postal laws of the Cm ted States, reported
during the second year, one-fourth during the third yeai, and
it without amendment and submitted a report (No. 991) tlieiM«*>
one-half during the fourth and filth years after the date of such
Mr. O W EN , from the Committee on Post-Offices and lo s tentry, and that after entry and until final proof the entryman
Roads, to whom was referred the amendment submitted by him­
shall reside within such distance of said land as will enable inn
self on the 5th instant, directing Hie Postmaster-General to set­
successfully to farm the same as required by this section.
tle the accounts of Charles D. Carter with the In ite d States
And that the House agree to the same.
for the rent of the post-office at Ardmore, Olda., etc., *ubmi «
R eed S moot ,
a report (No. 992) accompanied by a bill (S. 9 o o l) authoriz­
C. D. C l a r k ,
ing the Postmaster-General to settle the accounts o f Carter &
A. J. M c L a u r in ,
Booker, and for other purposes, which was read twice bj ns
Managers on the part of ihe Senate.
title.
, .
F. W . M ondell ,
Mr. NELSO N , from the Committee on the Judiciary, to whom
A . J. V olstead ,
Was referred the bill (II. It. 27311) amending chapter o91 of
J o seph T. R o d in son ,
the United States Statutes at Large, Fifty-sixth Congress, ap­
Managers on the part of the House.
proved* May 2G, 1900, entitled “An act to provide for the hold­
ing of a term of the circuit and district courts of the Lmted
Mr FU LTO N . I should he glad to have the Senator from
States at Superior, W is.,” reported it with amendments and Utah’ inform us wliat change has been made in the bill in re­
submitted a report (No. 1001) thereon.
gard to the requirement of residence, if any, on these lands.
Mr. C ARTER, from the Committee on the District of Colum­
Mr. SMOOT. Mr. President, the conference report now pro­
bia, to whom were referred the following bills, repotted them vides that the nonresidence section, known as section G, shall
severally without amendment and submitted reports thereon:
apply only to the State of Utah. It does not apply to any other
Tiie bill (II. R. 25149) to authorize certain changes in the
Stiito.
Permanent svstem of highways, District of Columbia (Report
Mr. FU LTO N . Then, in any State other than Utah resi­
No. 9 9 3 ) ;
dence is required as proposed by the Senate bill?
The bill (H . R. 2G472) to provide for the extension of RittenMr. SMOOT. I will say that that is the case, and also that
bouse street, in the District of Columbia, and for other purposes the only other change-is a provision “ that no lands shall be
subject to entry under the provisions o f this act until such
(Report No. 9 9 4 ) ;
, „
. „
Tile bill (H . R. 1G747) to amend an act approved March
lands shall have been designated by the Secretary of the In­
Jp07, entitled “ An act for the opening of Mills avenue N E . from terior as not being, in his opinion, susceptible o f successful irri­
Rhode Island avenue to Twenty-fourth street
(Report No. gation at a reasonable cost from any known source of water
9 9 5 );
UM
The bill (II. R. 24152) for the widening and extension of S 1 r H E Y B U R N . I should like to have from the Senator
Massachusetts avenue SE. from its present terminus near Forti­ from Utah a statement as to whether the bill in any of its
features applies to the State of Idaho.
eth street SE. to Bowen road (Report No. 9 9 0 ) ,
.
Mr. SMOOT. The bill does not apply to Idaho.
.The bill (H . R, 23804) authorizing the widening and extem
Mr! IIE Y B U R N . In any feature?
*f°a of Minnesota avenue SE. from its
Mr. SMOOT. Not In any feature.
,
The V IC E -P R E SID E N T. The Chair will call the attention'
of the Senator from Utah to the fact that the Journal of the
19th of May last indicates that the report was then agreed to.
'Hie h m ' / h .CI t ! 17308^au th orizin g tile oxtonsion o f G
Mr SMOOT. It was agreed to, as far as the Senate was
street N W . from its western terminus to Fifteenth street M V .
concerned, and went over to the House. The House disagreed
f
e
a
f
1
12678) for the widening ot Twentieth street to certain amendments and it was sent back by the House into
conference and came to the Senate the other day. Since then
NM'., District of Columbia (Report No. 1000).
f r
the conferees of the two Houses have met and agreed upon the
Mr. CARTER, from the Committee on the' ^ s t r i c t _ o f C
,
unibia, to whom was referred the bill (S.
* L
for tliC report as now presented to the Senate.
The VIC E -P R E SID E N T. The question is on agreeing to the
the extension of Reno road in tbe District of Columb .
Assessment of benefits and the award of damages m connect
report.
The report was agreed to.
therewith, and to provide a fund for the cost and expenses or
MINERAL CLAIMS.
condemnation proceedings and for the payment of an J hients and awards in connection therewith, reported i
Mr CLAPP
I am directed by the Committee mi Indian A fWhom was referred the* bill (H . It. 23473) estendlag
Amendments and submitted a report (No. 1002) tlioieon.
the time for final entry of mineral claims within the Shoshone
ENLARGED HOMESTEADS.
or Wind River Reservation in Wyoming, to report it favorably
Mr. SMOOT submitted the following report.
without amendment, and I submit a report (N o. 980) toereon.
The committee of conference on the d is a g r e e in g ^otes of toe I ask unanimous consent for the present consideration o f the bill.
The Secretary road the b ill; and there being no objection, the
no Houses on the amendments of the House to the i ( •
Senate, as in Committee of the Whole, proceeded to its considJ Provide for an enlarged homestead having met, .
•
•
Jree conference have agreed to recommend and do reconmi
01 t w !1 bill was reported to the Senate without amendment, or­
0
respective Houses as follow s:
dered to a third reading, read the third time, and passed.
That the House recode from its amendment numbered L
t h e sen ate m a n u a l ,
Mmt the Senate recede from its disagreement to House

* s&

aniendmonts numbered 2, 3, 5, G, 7, 8, and agree to the
.
‘•at the Senate recede from its disagreement
amendment numbered 4, and agree to the same wito an wnend
ns follow s: In lieu of the matter stricken out bj said
Amendment insert:
.
. ha
nrr 1 .r< t !^cvh That no lands shall he subject to entry urn or‘ e
J
Provisions o f this act until such lands shall have been do.ig




Air K N O X from the Committee on Rules, reported the fol­
lowing resolution (S . Res. 286), which was considered by unan­
imous consent and agreed to :
Knotted That the Committee on Rules is instructed to prepare a new
edit on of the Senate Manual, and that there b e printed 3 ,5 0 0 copies of
the 'same for the use of the committee, of which loO copies shall he
bound in full morocco and tagged as to contents.

CONGRESSIONAL RECORD—SENATE.

____________




F e b r u a r y

Mr. McLAURIN introduced a bill (S. 9311) for the relief of
COUBTS IN ALABAMA.
the estate of Stephen Herren, which was read twice by its title
Mr. OVERMAN. I am directed by the Committee on the Ju­ and referred to the Committee on Claims.
diciary to report back favorably without amendment the bill
Mr. GALLINGER introduced the following bills, which were
(H. R. 21560) to provide for circuit and district courts of the severally read twice by their titles and, with the accompanying
United States at Gadsden, Ala. I call the attention of the Sen­ papers, referred to the Committee on the District of Columbia;
ator from Alabama [Mr. B a n k h e a d ] to the report.
A bill (S. 9312) to amend the act entitled “An act for the
Mr. BANKHEAD. I ask unanimous consent for the present support of the government of the District of Columbia for the
consideration of the bill.
fiscal year ending June 30, 1878, and for other purposes,” ap­
The Secretary read the bill; and there being no objection, the proved March 3, 1877; aud
Senate, as in Committee of the Whole, proceeded to its consid­
A bill (S. 9313) to create a board of accountancy for the
eration.
District of Columbia, and for other purposes.
The bill was reported to the Senate without amendment, or­
Mr. GALLINGER introduced a bill (S. 9314) granting a pen­
dered to a third reading, read the third time, and passed.
sion to Nancy Crowther, which was read twice by its title aud
W. P. DUKES.
referred to tbe Committee on Pensions.
Mr. DICK introduced a bill (S. 9315) granting an increase of
Mr. SIMMONS. From the Committee on Post-Offices and
Post-Roads I report back favorably without amendment the pension to Edward W. Freeman, which was read twice by its
bill (H. R. 7157) for the relief of W. P. Dukes, postmaster at title and referred to the Committee on Pensions.
Mr. du PONT introduced a bill (S. 9316) to authorize the
K ow esville, S. C., and I submit a report (No. 982) thereon.
I call the attention of the junior Senator from South Carolina Secretary of War to furnish a condemned cannon to the State
of Delaware, which was read twice by its title and referred to
[Mr. G a r y ] to the bill.
Mr. GARY. I ask for the present consideration of the bill the Committee on Military Affairs.
Mr. PILES introduced the following bills, which were sever­
just reported by the Senator from North Carolina.
ally read twice by their titles and, with the accompanying
The Secretary read the bill, as follows:
Be it enacted, etc., That the Secretary of the Treasury he, and he is papers, referred to the Committee on Pensions:
hereby, authorized and directed to pay, out of any money in Jlie TreasA bill (S. 9317) granting an increase of pension to Zapbua
urv not otherwise appropriated, to W. P. Dukes, the sum of 5T4A6, the
amount stolen from him while postmaster at Rowcsville, Oisnge- L. King; and
A bill (S. 9318) granting an increase of pension to W ill mm
hurg County, S. C.
Mr. KEAN. I do not object to this bill, but after it is dis­ Deering.
Mr. FULTON introduced a bill (S. 9319) granting an increase
posed of I shall insist on the regular order.
There being no objection, the bill was considered as in Com­ of pension to Arthur M. Sumner, which was read twice by its
title and, with the accompanying papers, referred to the Com­
mittee of the Whole.
The bill was reported to the Senate without amendment, or­ mittee on Pensions.
dered to be engrossed for a third reading, read the third time,
Mr. McCREARY introduced the following bills, which were
severally read twice by their titles and referred to the Com­
and passed.
mittee on Claims:
CON EM ED CANNON F R WARRICK COUNTY, IND,
D N
O
A bill (S. 9320) for the relief of the estate of F. F. Lucas,
Mr. HEMENWAY. From the Committee on Military Affairs
deceased (with the accompanying paper);
I report a joint resolution, and I submit a report (No. 981)
A bill (S. 9321) for the relief of David N. Williams;
thereon. I ask for its immediate consideration.
A bill (S. 9322) for the relief of the estate of James O. HarThe joint resolution (S. II. 128) authorizing the Secretary of
War to donate four condemned cannon to the county of Warrick, rison, deceased;
A bill (S. 9323) for the relief of William H. Nolclnl;
in the State of Indiana, was read the first time by its title and
A bill (S. 9324) for the relief of the estate of Thomas Drake,
the second time at length, as follows:
Resolved, etc., That the Secretary of War be, and he Is hereby author­ deceased;
ized and directed to donate to the county of Warrick, in the State of
A b ill (S. 9325) for th e relief of the estate of T hom as B.
Indiana, four condemned bronze fieklpieces, with their carriages, which
may be available and may not be needed in the service, the same to be Posey, deceased; and
A bill (S. 9326) for the relief of the estate of B. N. C. Allen,
placed in the park surrounding the county court-house in the city of
Boonville In d .: Provided, That no expense shall he incurred by the deceased.
United States in connection with the donation of the above mentioned
Mr. McCREARY introduced a bill (S. 9327) to correct the
articles of ordnance property.
The VICE-PRESIDENT. Is there objection to the present military record of William N. Lakes, which was read twice by
its title and, with the accompanying papers, referred to the
consideration of the joint resolution ?
There being no objection, the joint resolution was considered Committee on Military Affairs.
Mr. TALIAFERRO introduced a bill (S. 9328) granting an in­
, as in Committee of the Whole.
...
,
The joint resolution was reported to the Senate^ without crease of pension to Hoivell Atwater, which was read twice ny
amendment, ordered to be engrossed for a third reading, lead its title and, with the accompanying papers, referred to the Com­
mittee on Pensions.
.
the third time, and passed.
Mr. CLAY introduced a bill (S. 9329) for the relief of civuCON
DEM
NED CANNON FO B D O D IND.
R EFR,
service employees of branch hydrographic offices of the l » ir'
Mr. HEMENWAY. I am directed by the Committee on Mili­ States Navy, which was read twice by its title and, with tn
tary Affairs, to whom was referred the joint resolution (H. J. accompanying paper, referred to the Committee on Naval A Res. 234) to authorize the Secretary of War to furnish two con­ fairs.
demned bronze cannon and cannon balls to the city of Bedford,
Mr. BANKHEAD introduced the following bills, which were
Ind., to report it favorably without amendment I ask for the severally read twice by their titles and referred to the Com­
present consideration of the joint resolution.
mittee on Claims:
v
The Secretary read the joint resolution; and there being no
A bill (S. 9330) for the relief of the heirs or estate of John "•
Stevenson,deceased,and others (with the accom panying pal**1 ’
'
objection, it was considered as in Committee of the Whole
A bill (S. 9331) for the relief of the heirs or estate of Peter
The joint resolution was reported to the Senate without
amendment, ordered to be engrossed for a third reading, read Baker and others;
A bill (S. 9332) for the relief of the estate of John
the third time, and passed.
Mr. KEAN. Now let us have the regular order, Mi. Ire^i- White, deceased; and
A bill (S. 9333) for the relief of Mrs. Bathsheba Gordon.
C
The VICE-PRESIDENT. The regular order is demanded.
Mr. SIMMONS introduced the following bills, which ^er
severally read twice by their titles and referred to the Co
The introduction of bills is next in order.
mittee on Commerce:
BILLS INTRODUCED.
A bill (S. 9334) authorizing a survey and estimate for * g
Mr. HEMENWAY introduced the following bills, which were
moving obstructions and deepening the channel of hunt
severally read twice by tbeir titles and referred to tbe Commit- Creek. North C a rolin a; aud
_
toe on Pensions i
A bill (S. 9335) authorizing a survey and estimate for ^
A bill (S. 9308) granting an increase of pension to Moab moving obstructions and deepening the channel of Swift Cu
Turner;
, North Carolina.
. *
A bill (S. 9309) granting an increase of pension to Elijan
Mr. FRAZIER Introduced a bill (S. 9336) for the relief
Broughman: and
W . II. Francis, which was read twice by Its title aud retc
A bill (S. 9310) granting an increase of pension to Enoch
to the Committee on Claims.
W . F. Felt

t

1909.

CONGRESSIONAL RECORD— SENATE.

2361'

He also introduced a bill (S . 9337) to amend an act entitled sentation of the United States at the third international con­
“ An act to create a new division in tlie middle judicial district ference on maritime law to be held at Brussels, Belgium, etc.,
of tlie State of Tennessee,” which was read twice by its title intended to be proposed by him to the sundry civil appropria­
and referred to tlie Committee on the Judiciary.
tion bill, which was referred to the Committee on Commerce
Mr. M cE N E R Y introduced a bill (S. 9338) for the relief of and ordered to be printed.
G. A. Le More & Co., which was read twice by its title and,
Mr. B U R R O W S submitted an amendment authorizing tlie
with the accompanying paper, referred to the Committee on Secretary of the Interior to deduct from the respective shares
Claims.
of intermarried white citizens an amount sufficient to compen­
H e also introduced a bill (S. 9339) for the relief of Mary E. sate their attorneys according to the terms of their respective
Harrow, which was read twice by its title and referred to the contracts, etc., intended to be proposed by him to the Indian ap­
propriation bill, which was referred to the Committee on Indian
Committee on Claims.
Mr. BACON introduced the following bills, which were sever­ Affairs and ordered to be printed.
ally read twice by their titles and, with the accompanying
Mr. PILE S submitted an amendment proposing to appropriate
papers, referred to the Committee on C laim s:
$70,000 for the construction of two steam launches for the
A bill (S. 9340) for the relief of the heii’S or estate of Gideon United States Revenue-Cutter Service for duty in the waters of
Robinson, deceased, and Margaret Robinson, deceased, and Puget Sound, etc., intended to be proposed by him to the sundry
others; and
civil appropriation bill, which was referred to the Committee on
A bill (S. 9341) for the relief of the heirs or estate of Jack- Commerce and ordered to be printed.
son Higginbotham, deceased, and others.
Mr. D IX O N submitted an amendment relative to tlie estab­
Mr. B U R K E T T introduced a bill (S. 9342) granting an in­ lishment of a national bison range in the State of Montana, etc.,
crease of pension to George W . Davenport, which w as read intended to be proposed by him to the agricultural appropria­
twice by its title and referred to the Committee on Pensions.
tion bill, which was referred to the Committee on Agriculture
Mr. M cC U M B ER introduced a bill (S. 9343) to provide for and Forestry and ordered to be printed.
the inspection of immigrants to the United States, which was
He also submitted an amendment proposing to appropriate
read twice by its title and referred to the Committee on Immi­ $3,000 for fencing the National Bison Range, as provided for by
gration.
the act of May 23, 1908, etc., intended to be proposed by him to
He also introduced the following bills, which were severally the agricultural appropriation bill, which was referred to the
read twice by their titles and referred to the Committee on ! Committee on Agriculture and Forestry and ordered to be
Pensions:
printed.
Ml*. O VER M AN submittal an amendment proposing to appro­
A bill (S . 9344) granting an increase of pension to Alexander
priate $25,000 for the establishment of a fish-cultural station at
Esler (w ith accompanying pa p er);
A bill (S . 9345) granting an increase o f pension to Patrick some suitable point in the State of North Carolina, intended
to be proposed by him to the sundry civil appropriation bill,
Gallagher (w ith accompanying papers) ;
A bill (S . 9346) granting an increase of pension to Thomas which was referred to the Committee on Fisheries and ordered
Harrison; and
to be printed.
He also submitted an amendment proposing to appropriate
A bill (S . 9347) granting an increase o f pension to John
31,000 for completion of the roadway, now under construction, to
Rrown, alias George Brown (with accompanying papers).
Mr. W A R N E R introduced a bill (S. 9348) to reimburse Frank the Salisbury National Cemetery from Main street in Salisbury,
Wyman, postmaster at St. Louis, Mo., for embezzlement of N. C., to the cemetery gate, intended to be proposed by him to
money-order funds by clerk at said post-office, which was read the army appropriation bill, which was referred to the Com­
twice by its title and, with the accompanying papers, referred mittee on Military Affairs and ordered to be printed.
Mr. B U R K E T T submittal an amendment providing that none
to the Committee on Claims.
Mr. BRIGGS introduced a bill (S . 9349) to extend.to the port of the money herein appropriated for work to be done in any of
°f Thompsons Point, in the district of Bridgeton, N. J*., the privi- the navy-yards of the United States shall be used to pay for
lege of immediate transportation without appraisement of duti- labor under the system of employment known as the “ piece
able merchandise, which was read twice by its title and referred or “ task ” system, intended to be proposal by him to the naval
to the Committee on Commerce.
appropriation bill, which was ordered to lie on the table and be
Mr. BO U RN E introduced a bill (S. 9350) granting an increase -printed.
^
.
. .
Of pension to W illiam F. Hodges, which was read twice by its f
Mr. O W E N submitted an amendment.proposing to appropriate
3000 000 in full payment of the award of the United States of j
title and, with tlie accompanying papers, referred to the Com
February 10,1003, in favor of loyal Creek Indians, etc., intended j
hfittee on Pensions.
Mr. D A N IE L introducal a bill (S. 9352) granting an increase to be proposed by him to the Indian appropriation bill, which 1
of pension to Isaac P. Force, which was read twice by its title was referred to the Committee on Indian Affairs and ordered to~i
,
.
.
and, with the accompanying paper, referred to the Committee be printed.
Mr. M ARTIN submitted an amendment proposing to approMr K E A N introduced a bill (S. 9353) amending an act to I priate $40,000 for the purchase of a sufficient number of im p u te d
---------‘
pus huova for lighting the channel across Newr- K h A * introduced a d w
N
a ...........
by him to the sundry
referred to tlie Committee on
lar£e the powers of the -------------- ■
,
and
Proved June 20, 1906, which was read twice by its title and
Mr. N E W L A N D S. I submit an amendment intended to he
referred to tlie Committee on Interstate Commerce.
Mr. B U R K E T T introducal a bill (S. 9354) granting a pen­ proposed by me to the naval appropriation bill (II. R. a6 oJ4 ).
non to Andrew Mlnkler, which was read twice by its title and I ask that it be read.
The Secretary read the amendment, as follow s:
referred to the Committee on Pensions.
Strike out the clause relating to battle ships, page G8, lines 14 to 21,
Mr, T A L IA F E R R O introduced a joint resolution (S . K. J-<D
lD » T h lt
of lucre,sing t i e cfflcloucJ-of |the j j J . stabauthorizing the Secretary of W a r to donate two condemned
cannon to the State of Florida, which was read twice by its title
sirucieu
a u i.n a ij o ± » .
necessary in case of war to support
and referred to the Committee on Military Affairs.
Mr. F R Y E introduced a joint resolution (S. R. 130) to dofiare S e l g M m g shiSs at^! a total ^oJt not exceeding ? 1 2 ,0 0 0 ,0 0 0 ; and that
fhe l4 e s d in t make such recommendations to Congress as to him seem
JJe intent of certain provisions of the coastwise b n w s of the
arding the manning of vessels belonging to such auxiliary
halted States, which was read twice by its title and refeired to nsvv S w h K r part? by the naval reserve and the leasing of them so
na\y.
V I peace
manned in Gmes of __’ „ to -Mnnintr enmnames for the DlU'DOSe of Droshipping companies for the purpose of pro
the Committee on Commerce.
Q1.
[noting foreign trade and commerce.
Mr. PILE S introduced a joint resolution (S. R. 131) J * latn
Mr.H A L E . The bill is before the Senate. The amendment
to the construction o f wagon roads, bridges, and trails
Alaska, which was road twice by its title and referred to the
^ to lie on the table.
Committee on iHUtanr Affairs.
!
The V IC E-PR E SID EN T. It will lie on m e table. Does tlie
Military
I Senator from Nevada desire to have it printed?
AMENDMENTS TO APPROPRIATION BILLS.
* Mr N E W L A N D S. Y e s; I should like to have it printed.
The V IC E -P R E SID E N T. The proposed amendment will lie
Mr- B R A N D E G E E submitted an amendment proposing to ap­
propriate $35,000 to increase tlie limit of- cost foi the public I on the table and be printed.
TRAVEL PAY TO VOLUNTEERS.
building at Wallingford, Conn., intended to be
th
Mr D IC K
On the 25th ultimo I submitted an amendment
!? ^ e sundry civil appropriation bill, which waY l X p l i to be
GoiumLttee on Public Buildings and Grounds and ordtral t
relative to tlie travel pay to Philippine volunteers o f 1899-1901,
Printed.
intended to be proposal to the army appropriation bill, which
*M V . F R Y E submitted an amendment proposing to approprtete was referred to the Committee on Military Affairs. I present a
?u-°00 for compensation and expenses necessary for the repre-







CONGKESSIONAL RECORD— SENATE.
statement in favor of the restoration of the original promise on
entering the service, but denied, on muster out, which I ask may
be printed (S. Doc. No. 720), to accompany the amendment intro­
duced by me, and referred to the Committee on Military Affairs.
The VICE-PRESIDENT. Without objection, it is so ordered.
IMPROVEMENT OF ST. JOHNS RIVER, FLORIDA.
Mr. TALIAFERRO submitted the following concurrent reso­
lution (S. C. Res. 91), which was referred to the Committee
on Commerce:
Resolved l y the Senate (the House of Representatives concurring),
That the Secretary ofWar be, and he is hereby, authorized and directed
to cause a survey
to be made of the St. Johns River, between Jack­
sonville and the ocean, with a view to obtaining a depth of 30 feet at
mean low water.

IMPROVEMENT OF EERNANDINA HARBOR, FLORIDA.
Mr. TALIAFERRO submitted the following concurrent reso­
lution (S. C. Res. 90), which was referred to the Committee
on Commerce:
Resolved ly the Senate (the House of Representatives concurring).
That the Secretary
ofWar be, and he is hereby, authorized and directed
to cause to be madean examination
and survey with the view to
obtaining a uniform depth of 10 feet in the inland waterway between
Fernandina, (Fla.) harbor and the St. Johns River, and to report,
together with an estimate of the cost of the project.

WITHDRAWAL OF PAPERS— MARY E. GOSNELL.
On motion o f Mr. Sim m ons , it was
Ordered. That the papers accompanying Senate bill 236, first session
Sixtieth Congress, granting a pension to Mary E. Gosnell, there having
been no adverse report filed, be withdrawn from the files of the Senate.

PAUL C. JACOBSON.
Mr. NELSON submitted the following resolution (S. Res.
287), which was referred to the Committee to Audit and Control
the Contingent Expenses of the Senate:
Resolved, That the Secretary of the Senate be, and he hereby is,
authorized and directed to pay to Paul C. Jacobson, father of Walter
Jacobson, late a member of the Capitol police force, in the employ of
the Senate, a sum equal to six months’ salary at the rate he was re­
ceiving by law at the time of bis demise, said sum to be considered as
including funeral expenses and all other allowances.

THE EMERY TESTING MACHINE.
Mr. TELLER. Several weeks ago I introduced a bill (S.
S925) to provide for the purchase and erection of a large testing
machine, and building therefor, which was referred to the Com­
mittee on Appropriations, and it has attracted the attention of
the civil engineers of the country. I have a number of letters
from them addressed to different Senators, some to myself, and
others to the heads of departments concerning the bill. I
should like to have the letters published as a document ( S. Doc.
No. 716) and referred to the Committee on Appropriations.
The VICE-PRESIDENT. Is there objection? The Chair
hears none, and it is so ordered.
AMERICAN SUGAR REFINING COMPANY.
Mr. CULBERSON. I ask to have printed as a document
(S._ Doc. No. 71S) the opinion of the United States circuit court
of appeals for the second circuit in the case of the Pennsylvania
Sugar Refining Company v. The American Sugar Refining Com­
pany, which was delivered December 15, 1908.
The VICE-PRESIDENT. Is there objection? The Chair
hears none, and it is so ordered.
THE SMITnSONIAN INSTITUTION.
Mr. LONG. I present a paper prepared by Dr. Charles Minor
Blackford, jr., being a reprint from the North American Review
for January, 1909, relative to the Smithsonian Institution. I
move that it be printed as a document (S. Doc. No. 717),
The motion was agreed to.
t he

MARINE CORPS.

Mr. BURROWS. I present a short history of soldiers en­
listed for service either on shore or aboard ships of war known
by the distinctive name of “ marines.” I move that the paper
be printed as a document (S. Doc. No. 719) and referred to the
Committee on Naval Affairs.
The motion was agreed to.

Mr. LA FOLLETTE. It is purely a local matter. The bill
has received the approval of the Judiciary Committee.
Mr. KEAN. I gave notice some time ago that I would de­
mand the regular order. I have no objection to the bill, but I
think we ought to have the regular order.
The VICE-PRESIDENT. The regular order is demanded.
Are there further concurrent or other resolutions?
IMMIGRATION STATION AT BOSTON, MASS.
Mr. LODGE submitted the following report:
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the House to the bill (H. R.
13851) providing for a site and the erection of a new immigra­
tion station thereon at the city of Boston, Mass., having met,
after full and free conference have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the amend­
ments of the House to the amendment of the Senate with an
amendment striking out all the said amendment of the House
to the Senate amendment and inserting:
“Provided, That this act shall not be construed to amend,
modify or repeal joint resolution No. 17, authorizing the use
and improvement of Castle Island in Boston Harbor, approved
May 1, 1890.”
Also, on page 1, line 5, strike out the words “ a site now
owned by or to be ceded,” and insert the words “ any site except
Castle Island, now owned or controlled by the Government of
the United States, or upon any site to be ceded; ” and the
House agree to the same.
W illiam P. D illingham ,
H. C. L odge,
A. J. Mc L aubin ,
Managers on the part of the Senate.
B en j . F. H owell,
B urton L. F rench ,
J oseph B. B ennett ,
Managers on the part of the House.
The report was agreed to.
CONSTITUTION ISLAND, NEW YORK,
Mr. L odge submitted the following report:
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the joint resolu­
tion (II. J. Res. 219) to accept the gift of Constitution Island,
in the Hudson River, New York, having met, after full and free
conference have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the amendrnent of the Senate and agree to the same with an amendment,
as follows:
In lieu of the matter proposed in said amendment, insert the
following:
“ That the United States accepts with gratitude and apprecia­
tion the gift of Constitution Island so graciously and patriotically
donated to the Government by Miss Anna Bartlett Warner and
Mrs. Margaret Olivia Sage; and the Secretary of War is hereby
authorized to receive a deed from Anna Barlett Warner and
Margaret Olivia Sage for the lands constituting Constitution
Island, situated on the east side of the Hudson River, in Putnam
County, N. Y., opposite the military reservation at West Point;
Provided, That the lands so donated and deeded shall be assigned
in perpetuity to the use of the United States Military Academy
aiul shall form a part of the military reservation at West Point,
N. Y., and no part of the said lands shall ever be used as a
public picnic or excursion or amusement ground operated by
private enterprise, individual or corporate, for profit; Provided
also, That Miss Anna Bartlett Warner shall be permitted to
reside on said island In full possession of her dwelling and the
gardens and buildings appurtenant thereto during her natural
life, and shall continue in the enjoyment of the privileges to
which she is now entitled in virtue of her ownership.”
And that the Senate agree to the same.
H. C. L odge,

H, A.

COURTS IN WISCONSIN.
Mr. LA FOLLETTE. I ask unanimous consent for the pres­
ent consideration of House bill 27311, reported this morning
by the Judiciary Committee. It has to do solely with the terms
of the court at Superior, Wis., and will not take any time, I am
confident.
Mr. KEAN. I have no objection to the bill, but I demand the
regular order.

Febbuaby 15,

du

Pont,

M urphy J. F oster,
Managers on the part of the Senate.
A. B. C apbo X,

John C. Chaney,
J ames H a y ,
Managers on the part of the House.
The report was agreed to.

CONGRESSIONAL KECORD— SENATE.

1909.

Mr. K IT T R E D G E . In my opinion, a bill of that importance
ought not to be considered at this hour. Therefore I object to
its consideration.
,
, ,. , . . .
...
The V IC E -F R E SID E N T . Objection is made, and the b i l l will

go over.
UNSURVEYED LANDS OF TH E FIVE CIVILIZED TRIBES.

Mr. O W EN . I ask consent for the present consideration of the
bill (S. 8441) to authorize the Secretary of the Interior to cause
to be surveyed any unsurveyed lands belonging to the I iie Cii
‘ilized Tribes, and for other purposes.
.
There b e in g no o b je c tio n , the Senate, as in Committee of t h e
Whole, proceeded to consider the b ill.
The bill was reported to the Senate without amendment, or­
dered to be engrossed for a third reading, read the third time,

2389

the service of the United States it shall be the duty of the proper ac
counting officer, under such regulations as the Secretary of the Treas­
ury -may prescribe, to state an account in favor of the owner of such
original check for the amount thereof and to charge such amount to t^e
account of such officer or agent: Provided, That in case a check drawn
by any officer or agent of the Post-Office .Department is lost, stolen, or
destroyed a duolicate thereof may be issued under regulations pre­
scribed by the Postmaster-General, as set forth in section 3640.

The bill was reported to the Senate without amendment,
ordered to a third reading, read the third time, and passed.
DEPUTY MARSHALS.

Mr. F O R A K E R . I ask for the present consideration of the
bill (H . R- 16274) to amend section 10 o f chapter 252, volume
29. of Public Statutes at Large.
Mr. D A N IE L . I ask that the bill may be read.
The Secretary read the bill.
Mr F O R A K E R . The bill simply strikes out
two
and
_and passed.
J inserts “ three,” allowing $1 a day additional. There is nothEXTENSION OF PROVISIONS OF CAREY ACT.
- '
There being no objection, the bill was considered as in Com­
Mr. NELSON. I ask unanimous consent for the consideration
of the bill (II R. 2G21G) to extend the provisions of section 4 mittee of the Whole. It proposes to amend section 10 of chap­
of an act entitled “An act making appropriations for sundry ter 252, volume 29, Public Statutes at Large, by striking out in
and inserting
civil expenses o f the Government for the fiscal year ending the twelfth line of the section, the word “ two
June 30, 1895, and for other purposes,” approved August 18, in place thereof the word “ three,” so as to read.
Sec. 10. That when in the opinion of the Attoroey^enenrt t'marshn^
1894, to the Territories o f New Mexico and Arizona.
imf,root renuiros it. lie may, on the recommendation of the marshal,
The V IC E -P R E SID E N T. The Senator from Minnesota asks which recommendation shall state the facts as distinguished from conunanimous consent for the present consideration of a bill, whkd c lu s io n f showing^necessity for the same, allow the marshals to employ
necessary office deputies and clerical, assistance, upon salaries to be
will be read for the information o f the Senate.
fixed "bv the Attorney-General, from time to time, and paid as herein­
The Secretary read the bill.
after provided
When anv of such office deputies is engaged in the
The VICE-PRESIDENT. The Chair will call attention to tne service5 of any writ, process, subpeeno, or other order of the court, or
whin necessarily absent from the place of his regular employment, on
fact that the Senator from South Carolina [Mr. T il l m a n ] left
offldal business, he shall be allowed liis actual traveling expenses only
a memorandum wishing to be notified before this bill is acted on. and his necessary and actual expenses for lodging and subsistence not
Mr. N ELSON. The Senator from South Carolina has witn- to exceed ? 3 per day, and the necessary actual expenses in transporting
prisoners including necessary guard h ire ; and he shall make and
drawn all objections to it, I am advised.
render accounts thereof as hereinafter provided.
There being no objection, the Senate, as in Committee ol tne
The bill was reported to the Senate without amendment,
Whole, proceeded to consider the bill.
The bill was reported to the Senate without amendment, or­ ordered to a third reading, read the third time, and passed.
MICHAEL FITZ SIMMONS.
dered to a third reading, read the third time, and passed.
WARREN C. BEACII.

Mr. W A R R E N . I ask the Senate to take up the bill (S. 1929)
to appoint Warren C. Beach a captain in the army and place
him on the retired list.

Mr. KITTREDGE. Let the bill go over.
The VICE-PRESIDENT. Objection is made, and the bin
will go over.

Mr. FO R A K E R . I move that the bill (S. 8487) to correct
the military record of Michael Fitz Simmons, deceased, re­
ported heretofore favorably by the Committee on Military A f­
fairs, be recommitted to that committee.
The motion was agreed to.
RETURN OF BOOKS TO LIBRARIES.

Mr. B U R K E T T . I ask unanimous consent to call up the
bill (S. 7298) to amend an act entitled “An act to establish a
A T C H ISO N , TOPEKA AND SA N T A FE RAILROAD.
Code of Law for the District o f Columbia,” approved March 3,
Mr. W A R R E N . I ask the Senate to take up the joint n-solu­ 1901.
The Secretary read the b ill; and there being no objection the
tion (S. R. 127) authorizing an extension of the trades o f the
Atchison, Topeka and Santa Fe Railroad on the military reset- Senate, as in Committee of the Whole, proceeded to its con­
sideration.
,
.
yation at Fort Leavenworth, Ivans.
The bill was reported from the Committee oil the District of
The Secretary read the joint resolution; and there being no
objection, the senate, as in Committee of the Whole, proceeded Columbia with amendments.
The first amendment was, on page 2, line 9, after the word
to Its consideration.
. .
..
„
.(Kn,
The joint resolution was reported to the Senate without “ not,” to strike out “ less than one or.”
T he am endm ent was agreed to.
. ,
amendment, ordered to be engrossed for a third reading, r ia l
The next amendment was, on page 2, line 10, before the
the third time, and passed.
word “ dollars,” to strike out ‘ twenty-five” and insert “ ten.”
DUPLICATION OF POST-OFFICE DEPARTMENT CHECKS.
The amendment was agreed to.
Mr. K E A N . Is there a report accompanying the bill?
Mr. PEN RO SE. I ask unanimous consent to call up the bill
Mr* D A N IE L. Does the bill propose to make it a jail penalty
(H. u . 25805) to reenact and to amend sections 3G4G and 304 1
to keep a book overtime out of the library?
the Revised Statutes.
,
. . ..
Mr. B U R K E T T . I f the Senator will listen he will find that
The Secretary read the b ill; and there being no objection,
the Senate, as In Committee of the Whole, proceeded to its that is stricken out by au amendment.
consideration,
proposes to amend the sections so as to read.
Mr D A N IE L. I did not hear the amendment.
The VIC E -P R E SID E N T. The next amendment will be stated.
3646. Whenever any original disbursing officer s check
l 0 fn - or destroyed, the Secretary of the Treasury m a y
Mr. D A N IE L. Let the bill be read as it is proposed to

tblnPr Catling the same, after the expiration of six months and with to
Conn years fro,n <’ie date of such disbursing officer s check to> issue a
"P 'ent® thereof upon the execution of such bond to lndemnifj the
unitod States as the Secretary of the Treasury may prescribe. l r o Jn/cr/, That when such ordinal disbursing officer’s cheek does not exceed
\ l amount the sum of S50 the Secretary of the Treasury may
om
the issnm,™
AAV J* „„„ rfin * nfter the expiration of thirty

*.0R»>na*ter-General may authorize the issuance of a duplicate thereof
at hhy time within three years from the date of such ongin aicheik or
dVmn^b
the execution by the owner ttaweof of
Tifw ^Kas the Postmaster-General may prescribe : A n d id ed ^fart fto
t h e 1 " he“ 51,10,1 original check or warrant does not exceed in arnouui
tlon
and the payee or owner is. at the date of
appuca
Wherh^H <
?mccr 0l' employee In the service of the l ost >®cc_
erai i ef _ b? contract, designation, or appoinUnent. the 1 ostmaBter^Oen
PllcntS &
*‘u of an indemnity bond, authorize the J**na
<
~ tQ
be L L f W or "'arrant upon such rn affidavit a®
™ Pnn original
aL
cheek*or ^e^ore !my Postmaster by the payee or owner of
«
de?t'rouV^n ^"'case the disbursing officer or agent by whom sueh lost
tlf>yed, or stolen original check was Issued is dead or no longer i




anThe S e c r e t a r y . In line 10, after the word “ dollars,” strike
out “ or by imprisonment for not less than one month or more
than six months,” so that, if amended, the bill will load .
etc Tbat the act of Congress approved March 3, 1901,
•ntitlwi " A i f a c t to establish n Code of Law for the District of ColuiuS amended by the acts approved January 31 and Juno 30, 1002,
be and the same i i hereby, amended by adding thereto next after sec­
tion 849 a new section, to be known as section S49a, and to read as
fo ilo w s:
r whoever willfully detains any book, newspaper, maga­
zine pamphlet. manuscript, or other property belonging to or in the
7 liVndv or control of the Library of Congress or any public or incornornted library in the District of Columbia for thirty days after notice in
writing to return the same, such notice to contain a copy of this section,
and to be given after the expiration of the time which, by the rules of
such library, such book or other property may be kept, shall be pun­
ished by a'lin e o f not more than $10. Prosecutions under this section
A ” II
brought in the name of the District of Columbia by information
tiled by the corporation counsel or one of his assistants: Provided,
That the penalties provided by this section shall he in addition to any




2390

CONGRESSIONAL RECORD—HOUSE.

penalties lawfully Imposed by the trustees of any public or Incorporated
library in the District of Columbia, and shall be applicable when the
offense is not otherwise punishable by some statute of the United
States.”

Mr. BACON. To what libraries does the bill refer?
Mr. BURKETT. The District library, and-----Mr. OVERMAN. The Congressional Library.
Mr. BACON. If it applies to tbe Congressional Library I
am absolutely opposed to it.
Mr. KEAN. I understand there is a report accompanying
the bill.
Mr. OVERMAN. Let the bill go over so that we may ex­
amine it.
The VICE-PRESIDENT. The bill will lie over.

F ebruary 15,

The resolutions were considered by unanimous consent and
unanimously agreed to.
Under the second resolution the Vice-President appointed
Mr. A l d r ic h , Mr. W f.tm or e , Mr. B u r r o w s , Mr. M o n e y , Mr.
C l a r k e of Arkansas, Mr. T aliaferro , and Mr. T a y l o r , members
of the committee on the part of the Senate.
Mr. A L D R I C H . Mr. President, I offer the following addi­
tional resolution.
The VICE-PRESIDENT. The resolution will be read by
the Secretary.
The Secretary read the resolution, as follows:
Resolved, That as a further mark of respect to the memory of the de­
ceased the Senate do now adjourn.

The resolution was considered by unanimous conseut and
iimanimously agreed to.
I Thereupon the Senate (at G o’clock and 9 minutes p. m.) adMr. OWEN. I Wish to call up the joint resolution (S. R. TO)
Jjoumed until to morrow, Tuesday, February 16, 1909, at 1for the enrollment of certain persons as members of the Osage
o’clock meridian.
tribe of Indians, and for other purposes.
OSAGE ENROLLMENT.

Mr. KEAN. Tbe Senator from Massachusetts [Mr. L odge] I
know desires to be present when the joint resolution is con­
sidered.
"'
Mr. OWEN. It is merely to seud to the Court of Claims the
claims of certain persons, 33 or 34, who desire to be enrolled.
Mr. KEAN. Let it go over.
“" w
The VICE-PRESIDENT. The joint resolution will lie over.
MONONGAHELA RIVER ERIDGE.
Mr. PENROSE. I ask unanimous consent for the consider­
ation of the bill (tr. R. 23552) to amend an act entitled “An
act to authorize the construction of a bridge across the Monongahela River, in the State of Pennsylvania, by the Liberty
Bridge Company,” approved March 2, 1907.
The Secretary read the bill; and there being no objection, tlie
Senate, as in Committee of the Whole, proceeded with its con­
sideration.
The bill was reported to the Senate without amendment, or­
dered to a third reading, read the third time, and passed.
DEATH OF REPRESENTATIVE DANIEL L. D GRANGER.
.
A message from the House of R epresentatives, by Mr. W. J.
Browning, its Chief Clerk, communicated to the Senate the in­
telligence of the death of Hon. D a n ie l L. D. G ranger , late a
Representative from the State of Rhode Island, and transmitted
resolutions of the House thereon.
The message also announced that the Speaker of the House
had appointed Mr. C apron of Rhode Island, Mr. H o w ard of
Georgia, Mr. B outell of Illinois, Mr. U nderwood of Alabama,
Mr. H il l of Connecticut, Mr. S l a y d e n of Texas, Mr. H u g h e s of
New Jersey, Mr. W a s h b u r n of Massachusetts. Mr. W i l l ia m s
of Mississippi, Mr. P a r so n s of New York, Mr. S h e r l e y of Ken­
tucky. Mr. G a in e s of Tennessee, Mr. R y a n of New York. Mr.
O ’C o n n e l l of Massachusetts, and Mr. M a r c u s A. S m i t h of Ari­
zona members of the committee on the part of the House.
Mr. ALDRICH. Mr. President, I ask that the resolutions
just received from the House of Representatives be laid before
tbe Senate.
The VICE-PRESIDENT. Tbe Chair lays before the Senate
resolutions from tbe House of Representatives, which will be
read.
The Secretary read the resolutions, as follows:
Resolved, That the House has heard with profound sorrow of the

death of lion. Daniel L. D. Granger, late a Representative from the
State of Rhode Island.
Resolved, That a committee of 15 Members of the nouse be appointed
by the Speaker to take order superintending the funeral of Mr. G ranger
at Providence, It. I., and to attend the same with such Members of the
Senate a3 may be appointed by the Senate.
Resolved, That the Sergeant-at-Arms of the House be, and he Is
hereby, authorized and directed to take such steps as may be necessary
to carry out these resolutions, and that the necessary expenses in con­
nection therewith be paid out of the contingent fund of the House.
Resolved That the Clerk communicate these resolutions to the Senate
and transmit a copy thereof to the family of the deceased.
Resolved, That as a further mark of respect to the memory of the
deceased the House do now stand in recess until 11 o'clock a. m.
to-morrow.

Mr. ALDRICH. Mr. President, I offer resolutions which I
send to the desk.
The VICE-PRESIDENT. The Senator from Rhode Island
submits resolutions which will be read by the Secretary.
The Secretary read the resolutions, as follows:
Resolved, That the Senate has heard with profound sorrow the an­
nouncement of the death of lion. D aniel L. D. G ranger, late a Repre­
sentative from the State of Rhode Island.
Resolved, That a committee of seven Senators be appointed by the
Presiding Officer, to join a committee appointed on the part of the
House of Representatives, to attend the funeral of the deceased at
Providence, R. I.
Resolved, That the Secretary communicate these resolutions to the
House of Representatives and transmit a copy thereof to the family
of the deceased.

HOUSE OF REPRESENTATIVES.
M o n d a y , F ebru ary 15,1909.
The House met at 12 o’clock noon.
The Chaplain, Rev. Henry N. Couden, D. D„ offered the fol­
lowing prayer:
.
Almighty Father, look down, we beseech Thee, upon us wltn
compassion and forgive our sins as individuals and as a Nation,
ami inspire in us a greater love and admiration for those things
which make for righteousness in the soul, that we may go for­
ward with the work which Thou hast given us to do with a
clear vision, pure conscience, and high ideals that at last we
may merit the “ Well done, good and faithful servant.”
We are reminded by the death of one of the Members of this
House of tbe uncertainty of life, that in tbe midst of life there
is death. Help us, our Heavenly Father, to bo prepared for the
change which will bring us into a larger life. Comfort, we pray
Tbee, tbe family and friends of the deceased, and guide us all
to tbe larger faith in Jesus Christ, our Lord. Amen.
The Journal of the proceedings of yesterday was read and
approved.
SALARY OF TIIE SECRETARY OF STATE.
Mr. GAINES of West Virginia. Mr. Speaker, I move that
the Committee on Election of President, Vice-President, and
Representatives in Congress be discharged from the further
consideration of the bill S. 9295, and that the rules be suspended
and that the same be passed.
The SPEAKER. The gentleman from West Virginia moves
that the Committee on Election of President, Vice-President,
and Representatives in Congress be discharged from the further
consideration of tbe bill S. 9295, that the rules be suspended apa
that the same be passed. The Clerk will read the bill.
The Clerk read the bill, as follows:

A

bill (S. 9295) in relation to the salary of the Secretary of

Plate,

Re it enacted, etc., That section 4 of the act entitled "A n act makh'V
appropriations for the legislative, executive, and judicial npeasi’S
the Government for the fiscal year ending June 30, 1908, and for of
purposes," approved February -ti, naff, so far as the same relate^
the annual compensation of the Secretary of State, he, and tbe sa

is hereby, repealed.
The SPEAKER. Is a second demanded?
Mr. RUCKER. I demand a second.
Mr. HENRY of Texas. I demand a second.
f
Mr. GAINES of West Virginia. I ask unanim ous consent, M",
Sjieaker. that a second be considered as ordered.
Mr. RUCKER. Pending that request, I ask unanimous c°n'
sent that the time of debate be extended to two hours on a s’ ,'
Mr. GAINES of West Virginia. I am compelled, Mr. BpeaKe ,
to object to that; I would like to give what time is desired fo
debate, but there are other matters pressing.
v
Mr. RUCKER. In view of the importance of this matter,
will ask if we can not agree ou one hour on a side f<»r debuv Mr. GAINES of West Virginia. If I did not make objection
others would, and I am constrained to obj<*ct.
Mr. LASSITER. I join in the request of the gentleman rim
Missouri.
^
The SPEAKER. Is there objection to the request that a onil be considered as ordered?
. *
Mr. HENRY of Texas. I desire to make a request m
unanimous consent be given.
. -g
The SPEAKER. But tbe first thing is to see whether u*
matter is to be voted upon at all.
Mr. HENRY of Texas. I object.
. . .
n rr.
The SPEAKER. The gentleman from West Virginia I- *
Gain es ] and the gentleman from Texas [Mr. H enry J wil- 11
1

2429

CONGRESSIONAL RECORD— SENATE.

1909.

ADOLTHUS ERWIN WELLS.

to be proposed to the sundry civil appropriation bill, reported
favorably thereon, and moved that it be printed and, \ntn the
Mr. O VER M AN . I report a bill from the Committee on M ili­
accompanying paper, referred to the Committee on Appropria­ tary Affairs and ask for its present consideration. I will state
that this bill has once passed both Houses of Congress and it
tions, which was agreed to.
Mr. SIM M ONS, from the Committee on Post-Oflices and Post- was sent to the President. There was a mistake in it and I
Roads, to whom were referred the following bills, repented them want to get it through. It is recommended by the Committee on
Military Affairs.
„
„ „ ,
^
w „
severally without amendment and submitted reports thereon
The bill (S . 9355) for the relief o f Adolphus Erwin W ells
A bill (H . It. 21019) to reimburse Agnes M. Harrison, post- !
master at Wheeler, Miss., for loss o f money-order remittance j was read the first time by its title and the second time at
(Report No. 1004) ; and
. j length, as follow s:
n e i t e n a c t e d e t c . That in the administration of the pension laws
A bill (H . It. 3844) for the relief of E. L. Simpson (Report i
Adofphus Erwin Wells of North Carolina shall be held and consid­
No. 1005).
ered to have been mustered into the military service of the tn ile d
Mr F R A Z IE R , from the Committee on Claims, to whom \,\as States as a private of Company E, Ninth Regiment Tennessee Cav­
on the 16th
1884; to
as
referred the bill (H . R. 15755) for the relief of J. C. Haggard, alry to the date ofdav of June,out of said have served continuouslyand
such
the muster
company and regiment:
of W hiie County, Teun., reported it without amendment.
to have been honorably discharged from the military seivice of the
Mr N ELSO N , from the Committee on Territories, to whom United States on the date of the muster out of said company and
was referred the bill (H . It. 25823) to amend an act entitled regiment.
“An act to extend the time for the completion of the 1 aides,
Marshall Pass and Northern Railroad, and for other purposes
approved February 21, 1907, reported it without amendment
and submitted a report (N o. 1007) thereon.
IMPROVEMENT OF FERNAXDINA

harbor,

FLORIDA.

Mr F R Y E from the Committee on Commerce, to whom was
referred Senate concurrent resolution 90, submitted yester­
day bv Air T ali \febbo, reported it without amendment, and it
Was considered by unanimous consent and agreed to, as follow s.

„ Kuolvca

<t».

the

? » “« » '

Tli.It the Secretary of W ar
H SV ey
the view to obto cause to be made an examination au
inland waterway between
taining a uniform depth
J ^ . ^ a t j o h n s ltiver, and to report, tolernandina (F la .) Harbor and the ^ • Jonns m vcr,
gether with an estimate of the cost of the project.

IMPROVEMENT OF ST. JOHNS RIVER, FLORIDA.

Mr F R Y E from the Committee on Commerce, to whom was
inferred Sem ite concurrent resolution 91,
Ur. T aliaferro , reported it without amendment ami it w as con
sidered by unanimous consent and agreed to, as follow s.
tk en te
eS a

Ut

« » .

That the Secretary of W ar be, and he J Jereb ^at»™ orizea « ™ k80nv£lle

*ater.

IMPROVEMENT OF SMITHS CREEK, NORTH CAROUNA.

S n n in «
vrnm the Committee on Commerce I report
» eoucurrentResolution as a substitute tor Senate bill * W . and
Mr

Mr. K E A N . I ask for the regular order.
.
Mr. O V E R M A N . I will state that I am authorized to lepoit
this bill from the Committee on Military Affairs.
Mr. K E A N . I have no objection to the bill, but I ask for the
Mr&O VER M AN . Tlie Senator can not have any objection to
the bill. It is reported by the committee and is not open to
objection. H e can object to its consideration, but he can not

0 lTlie VICE-PRESIDENT. The Senator from New Jersey de­
mands the regular order. The bill will be placed on tbo cal­
endar.
BILLS INTRODUCED.

Mr t e l l e r introduced a bill (S. 9350) granting certain
land to the town o f Yuma, in the Territory of Arizona, which
was read twice by its title and referred to the Committee on
P lM rC LO DG E introduced a bill (S . 9357) to restore to the
active list of the United States Navy the name of Commodore
Charles Plummer Perkins, U. S. Navy, retired, which was read
twice by its title and, with th e accompanying papers, reten ed
to the Committee on Naval Affairs.
, .
Mr. CULLOM introduced a bill (S . 9358) authorizing the
President to transfer First Lieut. George G. Craig, Mediea
Reserve Corps, U. S. Arm y, to the Medical Corps, L . S. Arm y,
und nlace him on the retired list, which was read twice by its
m e a n d r e f S r S to the Committee on Military Affairs.
He also introduced a bill (S. 9359) granting an increase of
pension to Robert H . Church, which was read twice by its title

referred to the Committee oil Pensions.

O W E N introduced a bill (S . 9360) authorizing the Secre! tore of the Interior to set aside the forfeiture of and reinstate
lution, but after it is disposed ot I shall ash for tire regular I
,
a.
e nS; Bois Coal Company and to permit the
order.
j a r ° a -a A
i of lauds in certain Choctaw and Chickasaw coal
therefor, and for
rm
i
,
K c Res 93) was re a d , considered. relinqmdm..ent(of lands n e e
The concurrent resolution (b- u.
v J . „
otberS purposes, w h ich wan read twice by its title and r e f e m S J
by unanimous consent, and agreed
, ^

1 Mr KEAN. ‘r S l S t ’ w
J

^

t h

e ^

r l g u

^

Resolved by the Senate (the ^ ^ ^ ^ e ^ ^ ^ i R h o r V z e d and directed
That the Secretary of W ar be, and M la hereDy, au g m itta Crwk North
Jo cause an examination and survey to
ruCtions and deepening the
Carolina, with a view to the removal o f ^ t n i c i ^
tQ the head 0f
channel thereof from its confluence wit
havigation on said Smiths Creek.
Mr SIM M ONS

from the Committee

on

Commerce,

to the Co™™“ “ Tbyrepicst) Introduced the following bills,
w t ^ » y f r a l l 7 ^ 4 twice by their titles and, with the
accompanylns papers,

towhom

S

* a s refen-c«l the’ hiil (S. 9334)
/S T d £ L ? 2 r
mate for removing obstructions ond
*
, hereon, and
Smiths Creek, North Carolina r e p o r ed a d y e r ^ y them m , ^
®oved that the bill be Indefinitely postponed,
Agreed to.

Committee o
concurrent resolution as a substitute for »
“ ak for its present consideration
Hie concurrent resolution (S. C. R *
ered by unanimous consent, and agreed
,
R e s o lv e d b y th e S e n a te

n

^

.

That the Secretary of W ar be, and he jf
, :.ic 0 f sw ift Creek. North
C
*,V8C an examination and survey to be
‘ and deepening the chanarollna, with a view to removing ohstruc
itiver to the head of
J
thereof from its confluence with the M .us
navigation on said Sw ift Creek.

?0
1

Mr. SIMMONS, from the Committee oniCommer^ ^nd esti.
Wiis referred the hill (S. 9335) authorizing * %he 3
cbaiinei of
hiate for removing obstructions and deep
J,]v thereon, and
*wift Creek, North Carolina, reported a
• • a2reed to.




fa

“ S

was m a , considfollow s:
. v

‘

X

S

surviving

9363) for the relief of the estates o

f A

1;

or Brown &

nd I
i BT

W

«

Y

by6 its'title 3 ,

&

9* a

fw a f ^ d 7 ^

wfft the accompanying paper, referred to the

Com raittoe on Claims

( th e H ° “s c ° L ? e bvrCauthorlwd and directed

1110ved that it be postponed indefinitely, vvh

S

S Committee on Claims.f f i s s n, , s fs *F "
S E E i
the
de

IMPROVEMENT OF SWIFT CREEK, NORTH CAROLINA.

Mr. SIMMONS. From the

i

w ^ a c k e y , “surviving

_

;,r;06) to provide for the

5IrStales circuit and district courts of the
sittings of,.t^e. V ^ f n i i i n ut the city of Youngstown, in said

!

titia a r fwe ,o ,h
”d e r a
e

COm DU\1o n f 'VMn t r o h ic e d T b ill (S . 9307) for the relief o f tlie
• Mr. MON L I inn
f Friars point. Miss., which was
^ d ^ c e
Claims.

by lt)

title and referred to the Committee on




2430

CONGRESSIONAL RECORD— SENATE.

Mr. BURKETT introduced a bill (S. 0368) for the relief of
Sadie A. Lewis, which was read twice by its title and referred
to the Committee on Claims.
Mr. SCOTT introduced a joint resolution (S. R. 132) author­
izing the Secretary of War to donate two condemned cannon
to the city of Wheeling, W. Va., which was read twice by its
title and referred to the Committee on Military Affairs.
Mr. TILLMAN introduced a joint resolution (S. R. 133) au­
thorizing the Director of the Census to collect and publish addi­
tional statistics, which was read twice by its title and referred
to the Committee on the Census.
AMENDMENTS TO APPROPRIATION BILLS.
Mr. GALLIXGER submitted an amendment proposing to cre­
ate a commission to be known as the “ Commission on the Alco­
holic Liquor Traffic,” etc., intended to be proposed by him to
the agricultural appropriation bill, which was referred to the
Committee on Agriculture and Forestry and ordered to be
printed.
Mr. FOSTER submitted an amendment proposing to appropri­
ate $250,000 for the extermination of the boll weevil, intended
to be proposed by him to the agricultural appropriation bill,
which was referred to the Committee on Agriculture and For­
estry and ordered to be printed.

F ebruary 16,

MAJ. C. DE W. WILCOX.

Mr. BACON. I submit a concurrent resolution for which I
ask present consideration.
The concurrent resolution (S. C. Res. 95) was read, as fol­
lows ;
Resolved by the Senate (the House of Representatives concurring),
That the President be requested to return to the Senate the bill (S.
5989) authorizing the Department of State to deliver to Maj. C. De W.
Wilcox decoration and diploma presented by Government of France.

Mr. BACON. I desire to state that there is a name mis­
spelled in the bill, and it is necessary to recall it in order to
have the error corrected.
The concurrent resolution was considered by unanimous con­
sent and agreed to.
IRON ORE AND PIG IRON.

Mr. CUMMINS submitted the following resolution (S. Res.
289), which was read:
Resolved, That the Director of the Geological Survey of the Depart­
ment of the Interior be, and he is hereby, directed to furnish the Sen­
ate, as soon as practicable, a report showing the total amount of iron
ore and pig iron produced and manufactured in the United States in
any twelve successive months ending not earlier than June 30, 1908;
and also showing the names of all persons, partnerships, or corporations
producing iron ore or manufacturing pig iron and the amount produced
or manufactured by each thereof.

MA-J. G S. BINGHAM.
.

Mr. CUMMINS. This is an exact duplicate of the resolution
submitted the other day and adopted, directing the Secretary of
Commerce and Labor to furnish the information. That officer
suggests that the information can be furnished without any cost
Resolved by the Senate (the House of Representatives concurring), ! by the Geological Survey of the Department of the Interior.
That the President be requested to return to the Senate the bill (S. The resolution simply changes the direction.
6891) for the relief of Maj. G. S. Bingham.
The resolution was considered by unanimous consent and
agreed to.
ROAD IMPROVEMENT IN ALASKA.
THE IMMIGRATION COMMISSION.
Mr. PILES submitted the following concurrent resolution
(S. C. Res. 96), which was referred to the Committee on Mili­
Mr. GARY. I desire to give notice that on Thursday next,
tary Affairs:
after the routine morning business, I shall call up Senate reso­
lution 279, directing the Immigration Commission to report a
Whereas petitions have been received from the legislatures of the
States of Oregon and Washington and from numerous commercial bodies summary of its acts, doings, and present work, and so forth, for
on the Pacific coast and in Alaska for increased appropriations for the the purpose of submitting some remarks thereon.
Mr. TALIAFERRO submitted the following concurrent reso­
lution (S. C. Res. !)2), which was considered by unanimous con­
sent and agreed to:

construction of wagon roads, bridges, and trails in the Territory of
Alaska; and
Whereas several bills have been previously introduced in Congress
providing for aid in railroad construction in the said Territory: There­
fore be it

Resolved by the Senate (the House of Representatives concurring).
That, for a better understanding of the requirements of Alaska in these
respects, and to the end that a more systematic plan may be adopted,
if found necessary, for the development of its resources, the Secretary
of War be, and he is hereby, authorized to cause an examination to be
made of the need for further road improvement in Alaska, in connection
with the military and post roads, bridges, and trails now being con­
structed under War Department supervision, and of the needs and ad­
vantages from a military standpoint and to the Government of aid to
railroad construction in that Territory; and to report thereupon, with
recommendations, at the earliest practicable date.

OWNERS OF PRIVATE DIES.
Mr. LODGE submitted the following resolution (S. Res. 290),
which was read:
Resolved, That the Secretary of the Treasury is hereby directed to
report at his earliest convenience to the Senate if the following amounts
opposite the respective names— or, if not these, what amounts, if any—
were wrongfully collected under the acts of Congress approved July 1,
1862, and June 30, 1864, for commissions due owners of private dies,
viz:
A lligator M atch Company__________________________________________
$105. OO
A. Beecher & Sons__________________________________________________l , 4 0 7 . 00
W . T . Brown & Co---------------------------------------------------------------------------830. 00
John I. Brown & Son_______________________________________________ 2, 535. 00
John Bull (e s ta te )------------------------------------------------------------------------------ 1 .2 7 8 .0 0
Jeremiah Curtis & Sons-------------------------------------------------------------------- 4 ,0 1 0 . 00
Curtis & Brown M anufacturing Company________________________
4 0 . 50
Andrew D ougherty------------- :----------------------------------------------------------- -- 5, 645. 00
Henry Dailey, j r --------------------------------------------------------------------------------220. 13
P. H. Drake & Co___________________________________________________
9 90. 00
A. Eichele & Co________________________________________________ - ____ 3, 527. 00
Griggs & Scott_________________________________________________________
380. 00
W illiam Gates' Sons___________________________________________________
203. 98
L. G. H unt____________________________________________________________
1 5 5 .0 0
Holm an Liver Pad Company__________________________________________
21. 04
S. B. H artm an & Co_______________________________________________
345. G8
Joseph I.oehr__________________________________________________________ 2 ,9 0 1 .4 4
It. II. McDonald & Co_______________________________________________ 2, 436. 00
N ational Match Company__________________________________________ 1, 040. 00
D. Ransom & Co______________________ ______________________________
400. 00
H . It. Stevens_______________________________________________________
3 4 8 .0 0
Sw ift. Courtney & Beecher Company_____________________________ 7, 0 0 0 .0 0
Trenton Match Company___________________________________________
755. 2 0
John I.oehr________________________________________________
______ _ 4, 521. 44
Demas Barnes & Co___________________________________________________ 1 ,8 9 0 .0 0

Mr. LODGE. I should like to have present consideration of
this resolution of inquiry. It is a repetition of one passed last
week, which was in wrong form, I was informed by the depart­
ment.
The resolution was considered by unanimous consent and
agreed to.

PRESIDENTIAL APPROVALS.
A message from the President of the United States, by Mr.
M. C. Latta, one o f his secretaries, announced that the President
had, on February 15, 1909, approved and signed the fo llow in g
acts and joint resolution:
S. 5330. A n act for the relief of the Mille Lac band of Chip­
pewa Indians, in the State of Minnesota, and for other Pur‘
poses;
S. 7390. An act for the relief of Christina Rockwell:
S. 4535. An act to amend section 714 of the Revised Statute
of the United States, relating to the resignation of judges of tn
courts of the United States; and
S. R. 122. Joint resolution to enable the Secretary of the » e •
ate and Clerk of the II**use of Representatives to pay the nece
sary expenses of the inaugural ceremonies of the President
the United States, March 4, 1309.
HOUSE BILLS REFERRED.
II. R. 20725. An act to supplement an act entitled “ An act to
promote the safety of employees and travelers upon nulroau>
was read twice by its title and referred to the Committee
Interstate Commerce.
.
II. It. 27891. An act to enable the people of New Mexico 10
form a constitution and state government and be adm itted int
the Union on an equal footing with the original States, and u
enable the people of Arizona to form a constitution and stat
government and be admitted into the Union on an equal too iug with the original States, was read twice by its title and re­
ferred to the Committee on Territories.
NAVAL APPROPRIATION BILL.
Mr, HALE. I ask that the Senate resume the consideration
of the naval appropriation hill.
, ,,
There being no objection, the Senate, ns in Committee or
Whole, resumed the consideration of the bill (H. It. 26394) uia -ing appropriations for the naval service for the fiscal yO'A
ing June 30, 1910, and for other purposes.
The VICE-PRESIDENT.
The Secretary will resume tne
reading of the bill.
The Secretary resumed the reading of the bill on pago
’
line 18.
„
The next amendment of the Committee on Naval Affairs "• ’
on page 25, line 23. before the word “ thousand, to insert 1 1
words “ and fifty,” so ns to make the paragraph read:
Navy-yard. Portsmouth. N. I I .: Rebuilding and fireproofing O'dldlnS
No. 20, $43,500: electric capstan for quay wall. $3 ,0 0 0 ; foun dry ou
ing (to cost $250,000), $50,000; In all, $96,500.

1909.

2543

CONGRESSIONAL RECORD— SENATE.

Mr. O W E N (when his name was called). I transfer m y pair
The President is the Executive. Upon him devolves the execu­
tion of the law and the enforcement of the la w ; and the en­ w it h the Senator from Illinois [Mr. H o p k i n s ] to m y colleague
forcement o f the law must necessarily be, in its last analysis, [M r. G o r e ] and vote. I vote “ yea.”
The roll call was concluded.
through the military arm. O f course the President can not
Mr. STO N E (after having voted in the affirmative). H as
be the supreme Executive unless he has the supreme command
of that through which the execution of the law must be en­ the senior Senator from Wyoming [Mr. C l a r k ] voted?
The V IC E -P R E SID E N T . He has not voted.
forced. The Senator from Idaho shook his head— I do not
Mr. STONE. I have a standing pair with that Senator. Not
know whether he had allusion to the particular thing or not—
knowing how he would vote if present, I withdraw my vote.
when I said that the execution of the law, in its last analysis,
Mr. B A IL E Y . I desire to say that my colleague [Mr. C ul ­
must bo through the military arm. Do I understand the
berso n ] is detained at home on account o f sickness.
For the
Senator to dissent from that?
benefit of the Senator from California [Mr. F l i n t ] , who is
Mr. BO RAH . I had in mind the courts.
paired with him, I will say that if my colleague were present he
Mr BACON. Oh, n o; the process of the courts in the last
would vote “ yea ” on this question.
analysis can only be enforced through the military arm. That
Mr. FL IN T . Under the statement o f the junior Senator from
is the proposition. O f course the civil authority is supreme, J
Texas I will allow my vote in the affirmative to stand.
and the military authority is subject to the order of the civil
Mr. G AM B LE (after having voted in the affirmative). I in­
authority and executes its orders. That is what I mean bj
q u ir e as to whether the senior Senator from Nevada [Mr. N e w that— not that the military is superior to the courts in any par­
l a n d s ] h a s voted?
ticular. Here is an order from a court; the posse comitatus is
The V IC E -P R E SID E N T. He has not voted.
summoned for the purpose of executing the mandate of the
Mr. G AM B LE. Then I desire to withdraw my vote, as I
court. The posse comitatus is unable to do it by reason ot
superior force opposed to it, and finally it must appeal to the have a general pair with that Senator.
Mr. M A R TIN . I have a general pair with the senior Senator
Executive to use the military arm to carry out the order of the
from Illinois [Mr. C u l l o m ]. I understand that he has not
court. That is what I mean by saying that, m the last analysis
the military arm is that by which the law is executed 01 must voted.
The V IC E -P R E SID E N T . The senior Senator from Illinois
be executed.
Mr. IlO RAII. By that process o f reasoning I presume the has not voted.
Mr. M A R TIN . Then I withhold my vote. I f he were pres­
Senator is correct, but I think one o f the most astounding
ent, I should vote “ yea.”
propositions that I have had the misfortune to hear made upon
The'result was announced— yeas 51, nays 12, as follow s:
the floor is the proposition that the Senator means that the
YEAS— 51.
enforcing of the laws of this country is by the military.
Heyburn
Paynter
Mr. BACON. I never said that. I said in its last analysis. Aldrich
Dick
Penrose
Kean
Dillingham
Bacon
I should have said in its last resort.
Perkins
Kittredge
Dolliver
ilr . BO RAII. I will quote one other Senator in that discus­ Bailey
Piles
McCreary
Elkins
Bankhead
Rayner
McEnery
Flint
sion, my colleague [Mr. H e y b u r n ] , in the Brownsville matter. Brandegee
McLaurin
Richardson
Foraker
Briggs
He said :
Scott
Milton
Foster
Bulkeley
Smith, Mich.
Money
Frazier
Ever since this discussion began I have been interested more in con­ Burnham
Burrows
Clarke, Ark.

sidering the question of the power of the President than I have in
considering other questions.
I was convinced early that we had abso­
lutely no power to investigate, to criticise, or to approve or disapprove
the act of the President Avhen that act was a completed act, and my
opinion on that matter has not been changed.

I might quote the Senator from Pennsylvania [Mr. K n o x ] to
the same effect, who contended that the President had the
Power not only under the statute, but under the Constitution.
I have covered, Mr. President, more time than I had any
antieipation of doing when I rose to say simply this, and noth­
ing more, so that my position may be clearly understood: That
it is my opinion that, under the authority conferred upon the
President of the United States ns Commander in Chief of the
army, he has the power to command, and whatever is involved
in the power and term “ to command ” belongs to liim, and it
is not within the power of Congress to trench upon that power.
As said by Mr. Pomeroy, Congress raises the army and navy,
but it does not command i t ; that one is an independent, sepa­
rate, and absolute power from the other. To that extent I go in
tbis discussion. Further than that it was not my purpose and
it is not my purpose now to go.
The V IC E -P R E SID E N T . Tile question is on concurring in
the amendment made as in Committee o f the Whole, which was
reserved for a separate vote by the Senator from Massachusetts
[H r. L odge].
-Mr. LODGE. Upon that I ask for the yeas and nays.
The yeas and nays were ordered.
-Mr. BACON. I should be glad to have the precise question
stated. W e have had a long discussion, and the question is
n°t understood by all.
The V IC E -P R E S ID E N T . The question is on concurring m
amendment made as in Committee o f the W hole, which m il
be stated.
.. the Secretary. On jKige 00 line 0, after the word “ dollars."
(1 Senate, as in Committee of the Whole, adopted the following
Proviso:

That no nart of the appropriations herein made for the
Corps shall be exp en d ed for the P“r P ^ ^ to r which « W a ^ * o fS a * * a™ made unless officers and enlisted men
1- . ,
,!.^n
8 *
board all b a ttle ships and armoredn " n lsew ■ «“
.
oentj th.er vessels of the navy as the President may
m acta
f t * of aot l«w than 8 per cent of the strength of the enlisted men
e navy on said vessels.
.P r o v id e d ,

The Secretary proceeded to call the roll.
Hr- CLAPP (when his name was called).

° » in8 ^ ^
of the Senator from North Carolina [Mr. S im m o n s ], with
' boin I have a general pair, I will withhold my vote.




Clay

Curtis
Depew

Fulton
Ballinger
Gary
Guggenheim
Hale

Nelson
Nixon
Overman
Owen
"P a g e -"

Taliaferro
Taylor
Teller
Tillm an

N A Y S — 12.
Burkett
Cummins
Dixon

3orah
tourne

Irown

du Pont
Knox
La Foliette

Lodge
McCumber
Warner

NOT T O T IN G — 29.

tnkeny
ieveridge
'arter
Jlapp
j lark. Wyo.
’ rane
'ulberson
: lullom

Daniel
Davis
I’rye
Gamble
Gore
llansbrougli
Iiemenway
Hopkins

Johnston
Long
Martin
Newluuds
Platt
Simmons
Smith, Md.
Smoot

Stephenson
Stone
Sutherland
Warren
Wetmoro

So the amendment was concurred in.
!
!

a m o u n t s d u e u n d e r s u p r e m e court d e c is io n s .

The V IC E -P R E SID E N T laid before the Senate a communiation from the Secretary o f the Treasury, stating, by direction
f the President and in response to a resolution o f the 1st
nstunt relative to the claims due under the decisions of the
Supreme Court in the cases of Swift & Co. v. United states, etc.,
hat no amounts in the cases mentioned could be considered as
ue and payable by the Treasury Department, m view o f the
tatute limiting the time in which actions may be commenced
i gainst the Government (S . Doc. No. 727), which was referred
o the Committee on Claims and ordered to be printed.
f i n d in g s of t h e court of c l a im s .

The V IC E -P R E S ID E N T laid before the Senate a communieaion from the assistant clerk of the Court of Claims transittiim a certified copy o f the findings o f fact found by the court
» the casTof^Louise M. Dodge, widow of Thomas W . Dodge, a-.
?nited States (S Doc. No. 720), which, with the accompanying
•aper. was referred to the Committee on Claims and ordered to
e printed.

rnnif TUB1 U
TTD RF

V message from the House o f Representatives, by Mr. W . J.
Browning its Chief Clerk, announced that the House had passed
the hill (8 . S70S) authorizing the Secretary of W ar to donate two
condemned cannon to Moores Creek Battle Ground Association.
The message also announced that the House had agreed to
the concurrent resolution of the Senate requesting the President




2544

CONGRESSIONAL RECORD— SENATE.

February 17,

to return to the Senate the bill (S. 6891) for the relief of Maj. River, in the State of Pennsylvania, by the Liberty Bridge Com­
G. S. Bingham.
pany,” approved March 2, 1907;
The message further announced that the House had agreed
H. It. 25805. An act to reenact and to amend sections 3646 and
to the concurrent resolution of the Senate requesting the Presi­ 3647 of the Revised Statutes; and
dent to return the bill (S. 5989) authorizing the Department of
H. R. 26216. An act to extend the provisions of section 4 of an
State to deliver to Maj. C. De W. Wilcox decoration and diploma act entitled “An act making appropriations for sundry civil ex­
presented by the Government of France.
penses of the Government for the fiscal year ending June 30,
The message also announced that the House had agreed to 1895, and for other purposes,” approved August 18, 1894, to the
the amendments of the Senate to the bill (II. R. 27311) amend­ Territories of New Mexico and Arizona.
ing chapter 591 of the United States Statutes at Large, FiftyPRESIDENTIAL APPROVALS.
sixth Congress, approved May 20, 1900, entitled “An act to pro­
vide for the holding of a term of the circuit and district courts
A message from the President of the United States, by Mr.
of the United States at Superior, Wis.”
M. C. Latta, one of his secretaries, announced that the Presi­
The message further announced that the House had passed dent had approved and signed the following acts and joint
the following bills and joint resolution, in which it requested resolution:
the concurrence of the Senate:
On February 16, 1909:
IT. It. 4521. An act to reorganize and enlist the members of
S. R. 115. Joint resolution authorizing the Secretary of War
the United States Naval Academy Band;
to establish harbor lines in the Kansas River at Kansas City,
H.
R. 19655. An act providing for an additional judge for the
Ivans.;
southern district of New York, and for other purposes;
S. 6580. An act to amend an act entitled “An act for the
H.
R. 24834. An act for the protection of the surface rights of
widening of Bladensburg road, and for other purposes,” ap­
entrymen;
proved January 9, 1907; and
S. 8540. An act to amend an act entitled “An act to authorize
H. R. 26068. An act providing for an additional judge for the
the construction of a bridge across the Tennessee River in
western district of Pennsylvania, and for other purposes;
II. R. 26916. An act making appropriations for the current Marion County, Tenn.,” approved May 20, 1902, as amended by
and contingent expenses of the Indian Department, for fulfilling an act approved February 1, 1905, entitled “An act to amend an
treaty stipulations with various Indian tribes, and for other act entitled ‘An act to authorize the construction of a bridge
across the Tennessee River in Marion County, Tenn.’ ”
purposes, for the fiscal year ending June 30, 1910;
On February 17, 1909:
H. R. 27001. An act to provide for the appointment of an ad­
S. 0359. An act to change the name and jurisdiction of the
ditional district judge in and for the western district of Wash­
inferior court of justice of the peace in the District of Co­
ington ;
H. R. 27367. An act to provide for the inspection of nursery lumbia ;
S. 685. An act to provide for the payment of John M. Mc­
stock at ports of entry of the United States, to authorize the
Secretary of Agriculture to establish a quarantine against the Dowell for services rendered in preparing a new set of indices
importation and against the transportation in interstate com­ of all the records of Council City recording district of the second
merce of diseased nursery stock or nursery stock infested with judicial district of Alaska; and
S. 8154. An act to amend section 19 of the act granting the
injurious insects, and making an appropriation to carry the
Lake Erie and Ohio River Ship Canal Company rights to con­
same into effect;
H. R. 27672. An act to require radio-telegraphic installations struct, equip, maintain, and operate a canal or canals and ap­
purtenant wmrks between the Ohio River, in the State of Penn­
and radio-telegraphers on certain ocean steamers;
II. R. 27894. An act amending an act to amend an act entitled sylvania, and Lake Erie, in the State of Ohio, approved June 30,
“An act to regulate commerce,” approved February 4, 18S7, and 1906.
all acts amendatory thereof, and to enlarge the powers of the
Interstate Commerce Commission, approved June 29,1906;
H. R. 28072. An act to enlarge the Interstate Commerce Com­
mission ;
H. It. 28164. An act for the investigation, treatment, and pre­
vention of trachoma among the Indians; and
H. J. Res. 231. Joint resolution authorizing the Director of the
Census to collect and publish additional statistics.
The message also requested the Senate to furnish the House
W'ith an engrossed copy of the bill (S. 8273) to amend an act
approved May 30, 190S, entitled “An act for the survey and al­
lotment of lands now embraced within the limits of the Fort
Peck Indian Reservation, in the State of Montana, and the sale
and disposal of all the surplus lands after allotment,” the
original copy having been lost.
ENROLLED BILLS SIGNED.
The message further announced that the Speaker of the House
had signed the following enrolled bills, and they were there­
upon signed by the Vice-President:
S. 1574. An act to create the Calaveras Bigtree National For­
est, and for other purposes;
S. 8254. An act granting pensions and increase of pensions to
certain soldiers and sailors of the civil war and certain de­
pendent relatives of such soldiers and sailors;
S. 8510. An act to extend the time of payments on certain
homestead entries in Oklahoma;
S. 8898. An act granting pensions and increase of pensions to
certain soldiers and sailors of the late civil war and to certain
widows and dependent relatives of such soldiers and sailors;
S. 9295. An act in relation to the salary of the Secretary of
State;
H. R. 16274. An act to amend section 10 of chapter 252, vol­
ume 29, of Public Statutes at Large;
II. R. 18487. An act for the relief of Charles H. Dunning;
H. R. 19662. An act to amend an act entitled “An act to estab­
lish the Foundation for the Promotion of Industrial Peace; ”
II. R. 21926. An act for the organization of the militia in the
District of Columbia;
H .R . 25552. An act to amend an act entitled “An act to an- ;
thorize the construction of a bridge across the Monongahela

FORT PECK INDIAN RESERVATION, MONT.
The VICE-PRESIDENT laid before the Senate the request
of the House of Representatives for an engrossed copy of the
bill (S. 8273) to amend an act approved May 30, 1908, entitled
“An act for the survey and allotment of lands now embraced
within the limits of the Fort Peck Indian Reservation, in the
State of Montana, and the sale and disposal of all the surplus
lands after allotment,” the original copy having been lost; and
by unanimous consent the request was ordered to he complied
with.
HOUSE BILLS REFERRED.
H. R. 4521. An act to reorganize and enlist the members of
the United States Naval Academy Band was read twice by it®
title and referred to the Committee on Naval Affairs.
The following bills were severally' read twice by their titles
and referred to the Committee on the Judiciary:
H. R. 19655. An act providing for an additional judge for the
southern district of New York, and for other purposes;
H. R. 26068. An act providing for an additional judge for the
western district of Pennsylvania, and for other purposes; and
H. R, 27061. An act to provide for the appointment of an ad­
ditional district judge in and for the western district of Wash­
ington.
II. R. 24834. An act to protect the rights of surface entrymen
was read twice by its title and referred to the Committee.ou
Public Lands.
H. R. 26916. An act making appropriations for the current
and contingent expenses of the Indian Department, for full** *
ing treaty stipulations with various Indjan tribes, and f,>r_
other purposes, for the fiscal year ending June 30, 1910. ' ) il
read twice by its title and referred to the Committee on India
Affairs.
H. R. 27367. An act to provide for the inspection of nursery
stock at ports of entry of the United States, to authorize
Secretary of Agriculture to establish a quarantine against tne
importation and against the transportation in interstate com­
merce of diseased nursery stock or nursery stock infested " 1
injurious insects, and making an appropriation to carry t
same into effect, was read twice by its title and referred to tn
Committee on Agriculture and Forestry.

CONGRESSIONAL RECORD— SENATE.

1909.

✓ ,

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ii

^____________:—

CLL±—

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2549

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The V IC E -P R E SID E N T . The Secretary will read the
The V IC E -P R E SID E N T . That is correct. The Secretary
amendment as modified.
Will call the roll.
Tko S ecretary. Add at the end of tlic bill o new section, us
.
The Secretary proceeded to call the roll.
Mr. F L IN T (when his name was called). I am paired witr fo llow s:
S ec 3. T h a t th e P resid en t o f the U n ited S ta tes is hereby au th orized
the senior Senator from Texas [M r. C u l b e r s o n ] . I f he were
to ap p oin t a com m ission to be called th e com m ission on n a val bases,
Present, I should vote “ nay.”
to be com posed o f officers o f th e E n gineer C orps o f the A r m y an d offi­
Mr. FU LTO N (when his name was called). I have a general c e r s o f the N a v y . I t sh a ll he the du ty o f th is com m ission to inquire
Pair with tlie junior Senator from Arkansas [M r. D a m s ]. I f hs in to and report to C ongress du rin g it s n e x t regu lar s ^ s i o ^ t h e n u m ^ r
location , and cap acity fo r rapid rep airs o f the n a va^ bases w hich are
^ere present, I should vote “ nay.”
red hv stra teg ic con sid eration s fo r the su ccessiu i l u u u u u uj. lub
Mr. STONE (when his name was called). I have a general f l e e t 't o tim e8 o f w a r and for m a in ta in in g the fleet co n tin u o u sly in a
s ta te o f read iness fo r w ar in tim e o f peace, the rep ort to include rec­
Pair with the senior Senator from Wyom ing [Mr. C l a r k ]. I
ry^ baife fo ?
transfer that pair to the Senator from Alabama [Mr. Jo h n ­ om m en dations a s to w h a t e x is tin g
? | E S * 2 S * 1 1 , . CK c M l r.T d c a p a c . r y “ f
t
s o n ] and vote “ yea.”
be con stru cted and a fu rth e r recom m endation as to w h at ex istin g n a vy
The roll call was concluded.
Mr, F L IN T . I have a general pair with the senior Senator
from Texas [Mr. C u lberso n ] .
I transfer that pair to the
Junior Senator from Rhode Island [Mr. W etm oee ] and vote
1 n a y .”
1
Mr. FU LTO N. I announce my general pair with the Senator
from Arkansas [Mr. D a v is ]. I transfer that pair to the senior
Senator from New York [Mr. P l a t t ] and vote. I vote “ nay.”
The result was announced— yeas 30, nays 45, as follow s:
the Treasury not o th e rw is e appropriated. ,fea>
d
and order of
Y E A S — 30.
immediately available and shall be paid out on the audit
°raei oi
the^chairman of said commission by any clerk appointed for that pi
S m ith , M ich.
Martin
5acon
G a llin g er
Stone
bailey
M ilto n
pose by the commission,
G a ry
T a lia fe r r o
M oney
H a le
"ankhead
T a y lo r
Mr L A FO LLE TTE . Mr. President, I do not rise at this
N elson
K ean ■
£ aP
P
T e lle r
/
Newlands
K Ittred ge
time to prolong unduly the debate upon the pending b ill I
T illm a n
J'U
llom
Overman
L a F o llette
have taken but little of the time which has been given to the
£urtis
Iia y n er
Long
Sim m on s
discussion since the bill came before the Senate for debate and
*razier
M cL au rin
amendment.
N A Y S — 45.
P a y n te r
Mv first word, Mr. President, when this bill came up last
F u lto n
t^drich
Crane
S<Aah
Penrose
G am ble
C um m in s
Thursday was one of protest against its being disposed of
Perkins
G uggenheim
S°urnc
D epew
within the two hours remaining of that day's session. It has
P iles
Ila n sb ro u g h
D ick
R ichard son
H eybum
now been under consideration nearly three legislative days, and
D illin gh a m
brown
Scott
K n ox
D ix on
I venture to say that the debate has been profitable and has
Smoot
Lodge
D o lliv er
been informing both to the Senate and to the country. I have
W a rn er
M cC reary
E lk in s
W a rre n
M cC um ber
Sufnham
observed that the press, a portion of it, has disapproved of this
F lin t
M cE n e ry
r?rrovvs
F oraker
discussion and has pronounced it a “ filibuster.” The same
kfrter
N ixon
F o ste r
attitude of mind prevails in a measure, I think, among members
Clarke, Ark.
I'a g e
F ry e
of this body.
N O T V O T I N G — 17.
Sutherland
Mr. H A L E . Mr. President------Ankeny
.Tohnston
D a v is
Wetmore
Ow en
fr id g e
The V IC E -P R E SID E N T . Does the Senator from Wisconsin
du Pont
T u rn
"'jo .
Gore
vield to the Senator from Maine?
S m ith , M d.
k^rson
H em on w ay
Oanioi
Mr. L A FO LLETTE . I do..
Step hen son
H op k in s
Mr. H A LE . I should like here to say, just at the point where
me amendment was n o n c o n c u r s m.
the Senator has referred to the charge of filibustering, I have
. Mf. H A L E . There are certain amendments that are car-™
* ,
. .
„ rlli„ h , w ,sn 10 „ „ ve
x had considerable experience in the management and passage of
with the vote just taken which I wish to have made.
Wish to n v f t . y 0 t L nic S S r e T t o the amendment on page 6 8 , appropriation bills, but I have not during the continuance of
Jibes it andG J a % eS i g the amount and leaving it as passed this discussion seen anything that indicated to me a purpose of
by the II
1
roaucms tut a
: filibustering, as the term should be known and recognized, on
The V i c e W
st d FNT
w as not that a part of the amend- the part of Senators opposing amendments. There has been
*bent Timrv,cn.i
41
w.*
from Minnesota?
I f so, the persistency. The Senator from Montana [Mr. D ix o n ] \ros per­
5 ® ? Proposed by the Senator from Minnesota? H
sistent, but that he had a right to be; and when he and
of the bill as it came from the House will be restored by
tho
lue bU‘ a s ________
those acting with him saw what the feeling was in the Senate,
nonconcurrence In the amendment made.
and the desire for a vote, we proceeded as rapidly as I supposed
Air. H ALE. That may bo the parliamentary condition. On
we would with the consideration of the bill.
jj
H there are two amendments that should be made. In
I Mr. President, appreciated the fact that last night at the
3 “ seven” was stricken out and “ tw o ” inserted. I ask
evening session, the first evening
that the Senate has
^ S e n a t e to disagree to that amendment.
j evening session, tne nrsi evening session THHT m
. he Vicg.pj>pgTi^TD>7rp
'Without objection, the amendment been obliged to resort to, and which is quite frequently a fm l£ ,sagreed to
" ’
I ure, Senators appeared here and the process of considering the
.<
H a l e . In line 15 “ twelve ” was stricken out and bill’ by clauses and by voting on amendments was not in the
“ - - o n ” inserted - and in line 10 “ fo u r ” was stricken out and ]east obstructed either by the Senator or any Senator in syma. u‘o ” was inserted
I ask the Senrtte to disagree to that ; pathy with him. W e proceeded, and with the exception of
rp (1ment.
,U
'
j the reservations, perfected the bill and passed numerous lm,.‘o VIC E-PRE SID EN T. Without objection, the amendment | portant amendments, and during a good doal of that time there
disagreed to.
was no quorum present. Nobody realized that better than I
an:;f - L a f o l l e t t e . Mr. President, I wish to perfect the ia charge of the bill did, and how easy it would have been to
3oiiMiamcnt which I offered last evening shortly before ad- have obstructed the entire proceedings. Neither the Senator
coi f \
nient* [> striking out a i>ortion which was inadvertently from Wisconsin nor the Senator from Montana nor any Seny
my clerk and added to the amendment ns offered, so j ator who had opposed amendments and had argued upon (hem
Piv, tU,°! aiueudment as pending shall be in the terms of the raised the point of there being no quornm. So far as I am
l"»sition which I have just sent to the Secretary’s desk.
concerned, I do not want anybody to think, while I am veiy
ifi/ ^ V IC E-PR E SID EN T
The Senator from Wisconsin mod- desirous of prosecuting the public business, that I believe there
ri?.1,is Proposed amendment. The modification will be stated. : has been in this case a resort to what is known and under2i) ^ Secretary. At the end of the proposed amendment, line stood as “ filibustering.”
- after the word “ commission ” strike out the remainder of
Mr. LA FO LLETTE, Mr. President, I am very glad to have
,,
, ,,
. ’
I tlle r ECOiu> show this statement of the Senator from Maine.
'
”
1,1 bill may follow- on all
country. This is the

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as now perfected.




I

____j

____

_____________ i) Informed at least—

an appropriation bill from the Naval Committee has been
nsk the Secretary to read the amend- j debated here at any length, excepting in one instance where
*
I one proposition consumed considerable time in debate.
that

I il




CONGRESSIONAL RECORD—SENATE.
If I may be permitted to say so, sir, this body appears to have
fallen into the practice of reserving appropriation bills until
near the dose of the session and of then treating as obstructive
any show or manifestation of a disposition to debate them. Sir,
debate upon an appropriation bill or any other bill of impor­
tance should never come to be regarded as obstruction or as
filibustering against legislation.
I have offered this amendment, Mr. President, because I be­
lieve that the system of determining the location of navy-yards
and the placing of the large appropriations is inherently wrong.
Mr. President, in what I say here to-day I wish to be under­
stood as arraigning a system rather than as arraigning men.
Very likely if the personnel of the Naval Committee had been
different but the committee had still beeu composed of Senators
representing States with navy-yards you would have had pre­
cisely the same sort of bill presented, and precisely the same
unjustifiable appropriations made. In other words, Mr. Presi­
dent, I mean to say that the plan of leaving such matters as
come before this committee to the determination of Senators
representing States where there are large appropriations to be
made is wrong in principle. We are administering a trust
fund, and I know of no principle which would recognize the
disposal of a trust fund by those who have some interest, polit­
ical or otherwise, in its disposal.
This does not imply anything more than that it is natural
that Senators representing States where appropriations are to
be placed will vie with each other in a struggle to secure the
largest appropriations possible under all the circumstances for
the States from which they come. Mr. President, this may be in
a measure, and probably is in a great degree, unconscious upon
their part; but, because human nature is constituted as it is,
the men who represent States which are to be benefited by these
tremendously large appropriations should not be the ones to so
largely determine their expenditure.
Air. TILLMAN. Air. President-----Mr. LA FOLLETTE. Just a moment. I believe, Mr. Presi­
dent, that the position taken by the Speaker of the House of
Representatives upon this question, as I understand it, is one
that merits approval. I have not analyzed the composition of the
Naval Committee of the other House, but I have understood that
the committee as made up there is not composed of Represent­
atives from districts in which the appropriations are expended,
a plan which seems well calculated to lessen the temptation to
jobbery.
Now, as to whether the bill presented here and the appropria­
tions as made for a long series of years justify the criticism
which I am making is a matter easily determined, I think.
Indeed, I believe that the members of this committee will as­
sent to the proposition that the placing of these appropriations
is more or less political.
I have studied the report of the Secretary of the Navy show­
ing the disposition of the work in the different navy-yards
where the money is expended. It seems to me that the scanty
appropriation made for work in the navy-yards of the South—
I do not mean for work upon the development of those navyyards, hut for the work that is performed there, the repair
work, the sending of ships to be repaired, and all that— mani­
festly shows that those States are discriminated against. It
seems to me that the distribution and division of the appro­
priation in the work that is performed in the different navyyards shows a line of cleavage that stamps the bill, and stamps
the policy of administration, ns political.
Mr. TILLMAN. Air. President-----The PRESIDING OFFICER (Mr. B urkett in the chair).
Does the Senator from Wisconsin yield to the Senator from
South Carolina?
Mr. LA FOLLETTE. I do.
Air. TILLAIAN. Air. President, the Senator from Wisconsin
is indicting the Navy Department itself as a political machine,
and in some of the things which lie has just stated I am com­
pelled to agree, because I myself have complained of the same
state of things; that as to vessels which could be repaired in
southern navy-yards and work that could he done there, the
vessels are not sent there and the work is not done there. \ by,
Y
I can not tell, unless it is that the political influences controlling
the Navy Department have kept it from being so. I am very
glad to find that the Senator is assenting to the proposition that
I advanced yesterday, that there are influences at work, whether
political or otherwise, which are inimical to southern navyyards and to the South in general, and I hope the Senator will
pursue that theme and bring out all the facts possible. It is
evident, to my mind, that the South in its treatment by the
Navy Department is still regarded as a conquered province
and that the people there are regarded more or less as aliens.

F ebruary

17,

Air. LA FOLLETTE. Air. President, the reference which 1
made to the distribution of work iii the different navy-yards is
y
simply a manifestation, and only a minor one, of the wrongful*
ness of this whole policy— the number and location of navyyards and the appropriations made for them.
The fact is manifest from even a brief study of the subject
that we have not as yet developed anywhere a single naval
base in which we could take care of a fleet if war came upon
us. Could there be stronger proof, Mr. President, of the wrongfulness of the entire policy that is pursued? I believe, fu rth e r­
more, that it is susceptible of proof that the waste and extrava­
gance in all these navy-yards is almost criminal in its <-haracter. It is an outgrowth of this same bad policy.
J
Aluch has been said in this debate concerning magazine arti­
cles and other publications which have criticised this policy- K
Magazine writers and the publishers of magazines and paper®
which have given place to these criticisms have been severely
denounced, aud the criticisms Lave beeu branded as false airi
malicious in their character and as a species of muck rakingyet, Air. President, I notice in the course of this debate that to*
Senator from Alaine [Air. H ale ] — and it seemed to me tb®
his position was somewhat inconsistent—admitted that tbls
appropriation bill and those which have preceded it have bee®
a series of gross extravagances; that they have beeu undu.
large; that they are growing more and more unjustifiable ®
the time, and yet this strange attitude of the Senator fr()®
Alaine with respect to expenditures, reducing them ou the sifl
of giving us a strong fleet, aud increasing them on the side
providing for these widely distributed and not very useful mi'T
yards, not very useful at least in a time when war should com
upon us, is but another admission, confession, or proof of tm
bad policy.
.
It is very difficult, Mr. President, for one who has not net}
trained upon the committee— one who has not had extent
opportunity for the study of this subject— to get hold in a > ^
time of the salient and Important phases of this question,
almost seems as though the bills were so constructed ns
baffle investigation. I do not mean by that to imply inteutiO »
but it seems to me that the whole plan of the construction "
this bill, for instance, is one to confuse any investigator seelD*
to ascertain what expenditures go to certain items of the '
Take, for instance, the appropriation carried for navy-y® ”
When the Senator from Montana [Mr. D ixon ] was pre^
the excess of those appropriations home upon the attenti"
the Senate, the Senator from Maine replied in part as folio ^

The entire appropriations for navy-yards for a series of ye«^fl,ler
small, very small, compared with the entire appropriations, ana
than in rival countries.
A little lain iic aam.
m u f later he said:
red
The figures for navy-yards, for everything spent upon them, b w ^ ji
vith the aggregate of big hills that frighten Senators as the? fllld

0.

are small indeed: aud if the Senator w lllio o k a t the
ompare them with other things, be will find that all these cn

fall

°The whole*1appropriation this year, as I have shown, Including
ncrease, is only $4,800,000 for all the yards.
vV
jU
Air. President, It is true that in one place iu the bill y
^
ind a summing up of appropriations for navy-yarus
anguage:
Total public works, navy-yards and stations, $4,20g.000.
fltof
I do not know just what impression the a n s w e r of the
rom Alaine made upon the mind of the Senator from *
tl <
i
Bit to my mind, as I sat listening to tlie debate, it
tbege
omprehensive statement that only $4,800,000 was si
tavy-yards, all told.
•
^-vibing—
The language seems so broad as to make it cover ever.
^

The figures for navy-yards, for everything spent upon t >
ared with the aggregate of big bills, etc.—
<
(
V
II)|O0O
And then concluding with the statement that
overed it.”
kg 0 ndef
Air. President, outside of appropriation for public wonv ^ tll<
J
he Bureau of Yards and Docks, summed up on page
qu­
ills which I have just read, I find appropriations to
flBy
•ovoment and maintenance of navy-yards and stations
qu

l 11V*
1

l iiU LA
71

ti A C I
AC

Av i

**** ^

^

00,000; on page 21, $31,000; on page 24, $4”>0,000: on Pj
0f
,500,000; on page 25, $30,000; on page 30, another h
t
1,500; on page 37, another item of $39,500; on page L ,
Qt
‘in of $144,000; and on page 50, another item of
total of several different appropriations for ui)cn0OO0
lountlng to $2,720,040 in addition to the sum of '
..j ap­
ron by the Senator from Maine [Mr. H ale ] as the to - bcr
opriation for navy-yards. Besides that there are o

CONGRESSIONAL RECORD— SENATE.

1909.

IIo also, from the Committee on Pacific Islands and Porto
Rico, to whom was referred the bill (H . R. 25130) to amend an
act entitled “ An act to ratify, approve, and confirm an act duly
enacted by the legislature of the Territory of Hawaii, to author­
ize and provide for the construction, maintenance, and opera­
tion of a telephone system on the island of Oahu, Territory of
Haw aii,” approved June 20, 11)00, reported it without amend­
ment and submitted a report (No. 1018) thereon.
Mr. G AM BLE, from the Committee on Public Lands, to whom
was referred the bill (II. R. 26734) to permit change of entry
in case of mistake of the description of tracts intended to l>e
entered, reported it without amendment and submitted a re­
port (No. 1010) thereon.
He also, from the same committee, to whom was referred the
bill (S. 8204) to permit change of entry in case of mistake of
the description of tracts intended to be entered, submitted an
adverse report (No. 1012) thereon, which was agreed to, and
the bill was postponed indefinitely.
Mr. SMOOT, from the Committee on Public Lands, to whom
was referred the bill (IT. It. 19606) to provide for the granting
and patenting to the State of Colorado desert lauds within the
former Ute Indian Reservation in said State, reported it with­
out amendment and submitted a report (No. 1020) thereon.
He also, from the Committee on Claims, to whom were re­
ferred the following bills, reported them severally without
amendment and submitted reports thereon:
A bill (S. 9348) to reimburse Frank Wyman, postmaster at
£t. Louis, Mo., for embezzlement o f money-order funds by clerk
at said post-otiice (Report No. 1 0 2 1 ); and
A bill (II. It. 8947) for the relief of the Herman Andrae
Electrical Company, of Milwaukee, W is. (Report No. 1022).
Mr. B U R N H AM , from the Committee on Claims, to whom was
referred the bill (II. K. 7029) for the relief of C. L. Huey, re­
ported it without amendment and submitted a report (No. 1023)
thereon.
TOSTAL SAVINGS BANKS.
Mr. CARTER, from the Committee on Post-Offices and PostEoads, reported an amendment intended to be proposed to the
'all ( s , (J484) to establish postal savings banks for depositing
savings at interest, with the security of the Government for
repayment thereof, and for other purposes, and moved that it
be on the table and be printed, which was agreed to.
ADOLPHUS EB W IN W ELLS.

Mr. O VERM AN, from the Committee on Military Affairs, re­
la t e d the following concurrent resolution (S. C. Res. 99 ),
"h ic h was considered by unanimous consent and agreed to :
T h ^ ® ° b 'c d by the Senate (the House of Representatives co n cu rrin g ).
a ction o f the Speaker o f the H ouse o f H epresentatives and o f
- \ ice-P resident o f the U nited S ta tes and P resid ent o f the Sen" W in sign in g the enrolled hill (I I . It. 1 0 7 5 2 ) to com plete the m ilitary
in
Adolphus E rw in W e lls be, and hereby is, rescinded, and th at
“
“ e reen rollm ent o f the bill the follo w in g am en dm en ts be m ade, so
s G> com p ly w ith the form adopted by the Secretary o f W a r :

tharri

”tnke out all after the enacting clause nnd insert as follows :
nA.fiat in the administration of the pension laws Adolphus Erwin
.yells, of North Carolina, shall hereafter he held and considered to have
..-;Q mustered into the military service of the United States as a prl2?te of Company E, Ninth Regiment Tennessee Cavalry, on the 16th day
June, 1864 to have served continuously as such to the date of the
'f hster out of said company and regiment, and to have been honorably
of+fcarged from the military service of the United States on the date
the muster out of said company and regiment.
BILLS INTRODUCED.
Mr. CAR TE R introduced a bill (S. 9309) to amend an act
entitled “An act for the widening o f Benning road, and for other
Jm rposesapproved May 1(5, 1908, which was read twice by its
1 \ and referred to the Committee on the District of Columbia.
*e
Mr. H E M E N W A Y introduced a bill (S. 9370) granting an inj<*ase of pension to Adolph Frey, which was read twice by its
l,tie and referred to the Committee on Pensions.
Mu TIL L M A N introduced ft bill (S . 9371) granting a pen"/?') to Katie E. Delph, which was read twice by its title and,
ph h the accompanying papers, referred to the Committee on
1 Visions.
Mr. C U RTIS introduced a bill (S. 9372) granting an increase
Pension to Joseph Lyons, which was read twice by its title
with the accompanying paper, referred to the Committee on
1 'Tisions.
■M FLIN T introduced a bill (S. 9373) to provide for the sale
'-.
, , , ,lfiolated tracts of public laml in San Diego County, Cul.,
"Rich was rea d twice b y its title and referred to the Committee
ni Public Lands.
Mr. F R Y E introduced a bill (S . 9374) granting an increase
Pension to Austin W . Royal, which was read twice by its title
' : , ' vith the accom panying liapers, referred to the Committee

u i elisions
X U 11-------i d




Mr. TE L L E R introduced a bill (S. 9375) to grant certain
lands to the city of Colorado Springs, Colo., which was read
twice by its title and referred to the Committee on Public Lands.
Mr. PENROSE introduced the following bills, which were sev­
erally read twice by their titles and referred to the Committee
on Pensions:
A bill (S . 93 70 )) granting an increase of pension to John
H ancock;
A bill (S. 9377) granting a pension to Tlieo. S. Fenn; and
A bill (S. 9378) granting an increase of pension to W illiam
II. McMailin (with accompanying papers).
Mr. A L D R IC H introduced the following bills, which were
severally read twice by their titles and, with the accompanying
papers, referred to the Committee on Pensions:
A bill (S. 9379) grapting an increase of pension to Hannah M.
Mather;
A bill (S. 9380) granting an increase of pension to Horace P.
Lester;
A bill (S. 93S1) granting an increase of pension to Albert M.
H ussey; and
A bill (S. 9382) granting an increase of pension to William J j,
Spink.
Mr. O W E N introduced the following bills, winch were sev­
erally read twice by their titles and referred to the Committee
on Indian A ffa irs:
A bill IS . 9383) to set apart 10 acres for a cemetery in Atoka
County, Okla., and for other purposes;
A bill (S. 9384) authorizing the Secretary of the Interior to
set aside the forfeiture o f and reinstate a coal lease to the Sans
Bois Coal Company, and to permit the relinquishment of lands
in certain Choctaw and Chickasaw coal leases and the substitu­
tion o f other lands therefor, and for other purposes;
A bill (S. 9385) authorizing the Secretary of the Interior to
sell to the State of Oklahoma a tract o f land on the segregated
mineral area for the location and use of the state penitentiary;
A bill (S. 9386) providing compensation for public roads in
the State of Oklahoma; and
A bill (S. 9387) to complete the allotments of Chickasaw^
freedmen, and for other purposes.
- J t o . D A N IE L introduced the following bills, which were sev­
erally read twice by their titles and referred to the Committee
on Claim s:
„ _ „
A bill (S. 9388) for the relief of the estate of John P. Kelly,
deceased«
A bill (S. 9389) for the relief of the Grafton Christian
Church, of Grafton, V a .;
„ . * tt
A bill (S. 9390) for the relief of the heirs of Dr. Robert H .
Power, deceased;
.
„
V bill (S. 9391) for the relief of the heirs of Elizabeth L.
Jenks, deceased (with an accompanying p a p e r); and
V bill (S. 9392) for the relief of the estate of Harvey Bailey,
deceased (with an accompanying paper).
Mr. E L K IN S introduced a joint resolution (S. R. 134)
authorizing the occupancy of reservation No. GS in the city of
Washington, D. C., as a site for a statue and the erection of a
pedestal in honor of the late Rev. Dennis J. Stafford, D. D.,
which was read twice by its title and referred to the Committee
on the Library.
amendments to appropriation bills .

Mr. N ELSO N submitted an amendment proposing to appro­
priate 825,000 for necessary rent, assistance, and traveling ex­
penses of the National Conservation Commission, intended to be
proposed by him to the sundry civil appropriation bill, which
was referred to the Committee on Appropriations and ordeied
to be printed.
,
. . .
,,
Mr PILES submitted an amendment proposing to increase the
appropriation to investigate and encourage the adoption of im­
proved methods of farm management and farm practice from
<133 000 to $183 000, intended to be proposed by him to the
•Wricultural appropriation bill, which was referred to the Com­
mittee on Agriculture and Forestry and ordered to be printed.
Mr M cLAU RIN submitted an amendment proposing to ap­
propriate $300,000 for the extermination of the boll weevil, in­
tended to be proposed by him to the agricultural appropriation
bill, w h ic h was referred to the Committee on Agriculture and
Forestry and ordered to be printed.
Mr LONG submitted an amendment authorizing the Secre­
tary of the Treasury to pay the judgment rendered in Hie claim
of H C. Lynn and the heirs and legal representatives of Samuel
Powell, deceased, intended to be proposed by him to the Indian
appropriation bill, which was referred to the Committee on In­
dian Affairs and ordered to be printed.
Mr. D E P E W submitted an amendment proposing to appro­
priate $25,000 to enable the Secretary of Agriculture to lease




F ebruary 17,

CONGRESSIONAL RECORD— SENATE.
and maintain for a period of ten years a farm at Morrisville,
Madison County, N. Y., for the purpose of general agricultural
and horticultural experimentation in connection with the socalled “ unoccupied ” or “ volusia soil ” farms of the Eastern
and Middle States, etc., intended to be proposed by him to the
agricultural appropriation bill, which was referred to the Com­
mittee on Agriculture and Forestry and ordered to be printed.
Mr. BANKHEAD submitted an amendment proposing to ap­
propriate $50,000 to approximate the cost of roads now being
made in the several States, etc., intended to be proposed by him
to the agricultural appropriation bill, which was referred to the
Committee on Agriculture and Forestry and ordered to be
printed.
Mr. FLINT submitted an amendment proposing to increase
the appropriation for the construction, by the Quartermaster’s
Department, of roads, walks, and wharves, etc., from $1,000,000
to $1,060,000, intended to be proposed by him to the army ap­
propriation bill, which was referred to the Committee on Mili­
tary Affairs and ordered to be printed.
Mr. MILTON submitted an amendment proposing to ap­
propriate $25,000 for the establishment of a fish-cultural station
at some suitable point in Jackson County, Fla., intended to be
proposed by him to the sundry civil appropriation bill, which
was referred to the Committee on Fisheries and ordered to be
printed.

NATIONAL CONSERVATION COMMISSION.
Mr. NELSON submitted the following concurrent resolution
(S. C. Res. 97), which was referred to the Committee on Print­
ing:
Resolved by the Senate (the JIousc of Representatives concurring),
That there he printed and bound 5 0,000 copies o f a portion o f the
report of the National Conservation Commission, consisting of the
message of the President transm itting the report of the commission,
the report proper of the commission, summaries of the four sections
o f the full report, a statement by the secretary o f the commission, and
the proceedings of the joint conservation conference, o f which 14,000
copies shall be for the use o f the Senate. 26,000 copies for the use of
the House, and 1 0,000 copies for distribution by the N ational Con­
servation Commission.

JOHN H. HAMITER.
Mr. FULTON submitted the following concurrent resolution
(S. C. Res. 98), which was considered by unanimous consent
and agreed to:
Resolved by the Senate (the House of Representatives concurring),
That the President be, and he is hereby, requested to return to the
Senate the bill (S, 4 024 ) for the relief of John II. Hamiter.

Mr. FULTON. I ask that the letter which I send to the
desk may be inserted in the R ecord. Since the bill was passed,
we have discovered through the Department of Justice that it
is probably a claim that ought not to be allowed, and for that
reason we wish to have it recalled.
There being no objection, the letter was ordered to be printed
in the R ecord, as follows:

Department

op

Justice,

Washington, February 13, 1909.
Hon.

Charles W. Fulton,

Chairman Committee on Claims,
United States Senate, Washington, D. C.

Dear Sir : I herewith transm it a report made by M r. W . II. Lamar,
an attorney in this department, to A ssistan t Attorney-General John Q.
Thompson.
Owing to the large number of so-called “ cotton c la im s " and the
vast amounts therein involved, I deem it essential that you should have
information as to the particular claim of the administrator of John
H am iter referred to in the report.
I beg leave to further call your attention to S. 4042, which is a bill
for the relief of the same parties mentioned in the inclosed report. It
seems that provision Is made in both bills for this particular claim.
Very respectfully,
Charles W. Russell,
A ctin g Attorney-General.
Department

op

Justice,

W ashington, February 11, 1909.
Hon. John Q. T hompson ,
Assistant Attorney-G eneral.
S ir : Some months ago you assigned me to the work o f preparing de­
fenses in the Court of Claims in cotton cases referred under the
Tucker Act.
I notice on page 203 of House bill No. 15372, as amended
and passed by the Senate on February 1, 1909, the fo llo w in g :
“ That the Secretary of the Treasury he, and he is hereby, author­
ized and directed to pay to Allen H. Hamiter, administrator o f the
estate of John H. Hamiter, deceased, of Lafayette County, Ark., the
sum of $3,590.47, the proceeds of the sale of 53 hales of cotton sold
by the Government in 1865 and placed in the Treasury o f the United
States.”
This original claim was rejected by the Treasury Department on ac­
count of the failure of the claimant to prove ownership and has never
been passed upon by the Court of Claims.
John H. Hamiter, as administrator o f John Hamiter, and in his own
behalf, filed two claims In the Treasury Department for cotton alleged
to have been taken by the federal forces in 1865, under the act of May
18. 1872, claiming In the aggregate for the proceeds of 190 bales of
cotton. These claims were passed npon by the Secretary o f the TreasS7*
proceeds of 90 bales of cotton in the seed taken from the
Hamiter plantations in Arkansas, amounting in the aggregate to

$1,310.50, was paid over to John II. Hamiter, for himself, as agent of
R. E. Hamiter, H attie Hamiter, and Catherine Hamiter, as provided for
in said act of May 18, 1872.
The claim for the remaining 90 hales
was rejected by the Treasury for the following reasons:
“ A s to the remaining 90 bales for which claim is made, it has been
decided upon the evidence that the claimants were not the lawful owners
thereof a t the time o f the alleged seizure and that there is no evidence
or reason to believe that any proceeds of the same reached the Treas­
ury.
The claim to said 90 bales is therefore rejected."
(Letter of
the Secretary o f the Treasury of December 1, 1875, to Messrs. Bartley
& Jenner, attorneys for John II. Hamiter, et al.. Washington, D. C .. to
be found among the papers in the case o f John II. Hamiter v. United
States, in the Court o f Claims, No. 321, Cong.)
Subsequently the claims of John H. Hamiter, above mentioned, were
referred to the Court of Claims for findings of fact under the Bowman Act
and docketed as No. 321, Congressional, said claim being for ISO bales
of cotton, valued at $36,000. The petition in this case was filed in the
court on August 3, 1885. Testimony in support thereof was duly taken,
but the case was dismissed for nonprosecution by the claimants on Octo­
ber 31, 1901.
Prior to the dismissal of this case, however, the same
claim was referred to the Court of Claims by resolution o f the United
States Senate in 1S90, under the Tucker Act, and depositions in behalf
o f the claim ant were also taken in that case.
This latter case was
docketed as No. 7256, Congressional. This case was also dismissed for
nonprosecution on October 31, 1901.
The records in the above two cases in the Court o f Claims, consisting
o f official documents and testimony in behalf o f claim ants, present a
state of facts which I deem it my duty to call to your attention, in
view of the item above quoted, contained in the omnibus claims bill
which has been passed by the Senate and is now pending before the
House o f Representatives.'
The official documents hearing upon this claim are as fo llo w s:
Letter o f the Secretary o f the Treasury to the First Auditor o f the
Treasury, dated June 11, 1874, ns fo llo w s:
“ Upon examination o f the claim o f John H . Hamiter, and as agent
of R. E. Hamiter, Hattie Hamiter, and Catherine Hamiter, ail of
Lafayette County, Ark., for the proceeds o f 180 bales o f cotton under
the provisions of the fifth section o f the act o f May 18, 1872, and the
evidence submitted by the claim ant In connection with the records
and files of this department having been considered, it ap pears:
“ T h at o f the cotton claimed by said Hamiter, proceeds from 90
hales were paid into the Treasury, being the 90 bales described in
claim ant’s petition as being in the seed at the close o f the rebellion
in 1 8 6 5 : that said John II. Hamiter, R. E. Hamiter, H attie Hamiter.
and Catherine H am iter were the law ful owners o f said 90 bales at
the time o f seizure; and that the same were seized after the 30th
day of June, 1865, by agents of the Government unlawfully and in
violation of their instructions.
It is further found that the net pro­
ceeds, with Interest, from said 90 bales o f cotton actually paid into
the Treasury was. as nearly ns can he ascertained, the sum or $914.70.
“ You are therefore authorized and instructed to state an account
In favor of John II. Hamiter, and as agent as aforesaid, for the sum
of $914.70, to be paid him as provided by said act in full satisfac­
tion of all claims against the United States for and on account of the
90 bales o f cotton aforesaid.
“ W ith respect to 90 bales of cotton, the residue o f the 180 bales
claimed and described in the petition, examination nnd decision has
been deferred to allow the claim ant an opportunity to produce further
evidence."
A lso the following letter from the Secretary of the Treasury to
the first auditor, dated December 1. 1 8 7 5 :
“ In the matter o f the claim of John II. Ham iter and others, of
Lafayette County. Ark., for the proceeds o f 180 bales o f cotton under
the provisions of the fifth section of the act of May 18, 1872, and
upon examination of which claim and the evidence produced therein
you were instructed by letter o f June 11. 1874. to state an account in
favor o f the claimants for the sum o f $914 .70 ns the net proceeds in
th®. T ^ a s u r y , as nearly as could be ascertained, o f 9 0 bales, part of
bales, upon further consideration o f said claim and o f tne
evidence, it has been found that in the computation of such net pro­
ceeds there was charged against said 9 0 bales the sum of 5 3 9 5 . 8 1 as
expenses for river transportation, nnd as paid by O. H. Burhridge,
supervising special a g e n t; and upon further examination of the ac­
counts o f said Burbrldge it has been ascertained that said sU,m. , ! 'i
expenses o f transportation was not paid by him nor by the Lniteu
a new and further account in favor of said John H. Unmtier, in hi
own right and as agent o f It. E. Hamiter, Hattie Hamiter. am
Catherine Hamiter. for said sum of $395.81, to be paid to him aw
them in full satisfaction o f all their claims against the United State
for nnd on account of the cotton described in their petition.
Also, the following letter from the Secretarv of the Treasury *
Thomas P. McManus, esq.. Washington. D. C., dated Uebruanr 23. 18s ®
In answer to the petition of John H. Hamiter, filed by you Ja®
18? 8 ’ * * his attorney, asking that his claim for proceeds ■
180 bales of cotton, alleged to have been seized in Lafayette Counij
Dates or
is o
Idtfayette County
T « . In 1865, be reopened, and that the same be certified'to the Cour
or Claims, it appears from the records of the department that tnl
claim was filed under section 5 o f the act o f Mav 18, 1872. and tha
kk
adjudication by tho Secretary o f the Treasury the sun* 0
$ 1 ,310.55 was allowed and paid thereon*/
“ In, answer to the request that the claim be reopened, you are it
formed that under the law and the rules o f the department the S
e<
retary of the Treasury is not authorized to reopen and reexamine
claim which has been finally adjudicated and settled by a former »e<
retary unless it is made to appear by satisfactory evidence that a mb
take arising from errors o ff calculation has occurred in a former serin
------------------- ors o calculation has occurred in a former scttn
mont
.s
- i _>____.
.
____t_ ,t«
ment to the prejudice o f the claimant, or unless some newly dlscovere
terial evidence has been presented.
the petition does
show
t « ‘ The evidence referred to in m e pennon aoes not snow to the -r
1,
icurrreu iu
iu i sa'
IP TI o f the department that »
tlA
l
_____ -.J In the
Isfaction ftf tV A JannntmnMt t k .i any mistake occurred I« *hn setti
ment o f this c la im ; hut, on the contrary, it appears that the elai
was carefully examined, with full knowledge c f the document refern
to in the petition, and the whole amount due thereon as shown by
evidence was allowed and paid. Nor Is any newly discovered eviden
which may have a material bearing upon the merits o f the claim b*J
presented. The request to reopen this settlement is therefore denied

*

•

•

•

Under date of January 7. 1893, the Secretary of the Treasury
mitted to the Court of Claims certified copy of an opinion prepared
his office showing in detail how the amounts paid to John II. Ila a m i

2669

CONGRESSIONAL RECORD— SENATE.

1909.

ance Union of Clarksboro; of the congregation of the Methodist
Episcopal Church, of Succasuuna; and of the congregation of
the Reformed Church, of Ridgewood, all in the State of New
Jersey, praying for the enactment of legislation to regulate the
interstate transportation of intoxicating liquors, which were
referred to the Committee on the Judiciary.
lie also presented a petition of the board o f trustees o f the
Association of Credit Men o f Newark, N. J., praying for the
adoption o f the so-called “ Sherley amendment ” to the present
bankruptcy law, which was referred to the Committee on the
J u d ic ia r y .

Agriculture and Forestry and ordered to be printed in the
Record, as follows:
House of Representatives,
s
State of Oklahoma,
Guthrie, February 15, 1909.

?

Hon. R. L. Owen,

Washington, D. C.

DeA Sir - You will find herewith copy of house concurrent resolution
r
No 15 as passed by the second Oklahoma legislature and transmitted to 5
5 f? r T ™ t o
w. H. Ebby,
House concurrent resolution 15. By Mr. Putnam.
House concurrent resolution memorializing Congress to gi\e aid in the
construction of public highways.
Whereas it has been the policy of our Government from iLs founda­
tion to aid and encourage the development of commerce and agriculture,
and to this end has made regularly large appropriations for the purpose
of improving the rivers and harbors of our countiy , and
°f Whereasfn the development of our civilization our people have estab­
lished large and important communities at great distance from water­
ways so that the waterways of this country no longer serve even the

He also presented a petition of the Men’s Club o f the Rose­
ville Methodist Church, of Newark, N. J., and a petition of the
Men’s Berean Bible Class o f the Park Avenue Baptist Bible
School, of Plainville, N. J., praying for the passage o f the socalled “ Burkett-Foelker antigambling race bill,” which were
referred to the Committee on the Judiciary.
Mr. SM ITH of Michigan presented a petition of Local Lodge
No. 404, Benevolent and Protective Order o f Elks, of Calumet, Sr W
herre as
Partthef commerce’ aJidPagriculture of those sections far removed
Mich., praying for the enactment of legislation to create a from such waterways are as important as those in close proximity
national reserve in the State o f Wyoming for the care and thWher: aTthe only means by which the United States Government can
e
maintenance of the American elk, which was referred to iustlv continue its appropriations with these objects in view to the lmthe Committee on Forest Reservations and the Protection of Jrovement of waterways is also-to^make equalj>r greater appropriations
for the improvement of public highways. Therefore be_it
Game.
Rrsoived by the house of representatives of the State of Oklahoma
Mr, P E R K IN S presented a memorial of the Alaskan Fisher­ (the senate concurring therein), That we most respectfully memorialize
ake appropriations for the encourage­
men’s Union, of San Francisco, Cal., and a memorial of the the United States Congress to m
ment and development of the construction of improved highways
Marine Cooks and Stewards’ Association, of San Francisco, Cal., throughout the United States, giving special attention to those sections
remonstrating against the removal of the marine hospital from far removed from navigable watercourses.
^
p WlLSoXj
its present location to Angel Island, in that State, which were
Speaker of the House of Representatives.
referred to the Committee on Commerce.
Geo. W. Bellamy,
President of the Senate.
He also presented a memorial of the Chamber of Commerce
of San Francisco, Cal., and a memorial of the Chamber o f Com­
Mr. OWEN presented a concurrent resolution of the legis­
merce o f Napa, Cal., remonstrating against the enactment of
lature of Oklahoma, which was referred to the Committee on
legislation limiting the expenditure o f the reclamation fund by
Irrigation and ordered to be printed in the Record, as follows:
the Secretary of the Interior, which were referred to the Com­
House of Representatives,
mittee on Irrigation and Reclamation of Arid Lauds.
State of Oklahoma,
He also presented a memorial o f sundry citizens of W atson­
Guthrie, February 9, 1909.
ville, Cal,, remonstrating against the passage of the so-called Hon. Robert L. Owen, Washington, D. C.
Dear Sir : You will find herewith copy of house resolution No. 13,
“ parcels-post bill,” which was referred to the Committee on
passed by the legislature of the State of Oklahoma, which is transmitted
Post-Offices and Post-Roads.
Ho also presented petitions of the Benevolent and Protective “
Yoursf truly^0nS’* era” 0
’
1'
W. H. Ebby,
Order of Elks of Los Angeles, Stockton, and Chico, all in the
nouse concurrent resolution 13. By Messrs. Bryan and Jones.
State of California, praying for the enactment o f legislation to House concurrent resolution memorializing Congress to remove restric­
create a national reserve in the State o f Wyoming for the care
tions on Indian lands in drainage districts organized undei the
Oklahoma drainage act and authorize the assessment of the propor­
find maintenance o f the American elk, which were referred to
tionate share of the cost of drainage improvements against same.
the Committee on Forest Reservations and the Protection of

Game.
He also presented memorials of the Board of Trade, of Mur­
phy, Grant & Co., and of Levi Straus & Co., all of San Francisco,
In the State of California, remonstrating against the enactment
° f legislation authorizing the Postmaster-General to test the
Practicability and expense of the general parcels-post system,
which were referred to the Committee on Post-Offices and 1 ostHoads.
Mr. GORE presented a concurrent resolution o f the legisla­
ture of Oklahoma, which was referred to the Committee on
Agriculture and Forestry and ordered to be printed in the
R ecord, ns follow s:

House concurrent resolution 15.

Whereas the reclamation of large areas of fertile lands embraced in
the flood plains of certain streams in Oklahoma has been made feasible
through the enactment of the Oklahoma drainage act, and the cm t o
such drainage made easy to meet by assessing the benefits against said
land in severaltv and issuing bonds against the district in common, and
Whereas the large proportion of nontaxable Indian lands In many of
said districts render the1scheme of drainage and reclamation impracti­
cable: Therefore be it
,
Resolved by the house of representatives (the seHai e
therdn) That the Congress of the United States bo, and the same is
hereby ^memorialized to so remove the restrictions upon Indian allot­
ments in organized drainage districts in Oklahoma as to render such
lands subject to assessment under the Oklahoma drainage act for tliolr
proportionate share of the cost of drainage according to the benefits
accruing to such lands in severalty, and to the lien created by the 1
iaxinw of such assessments and the Issuing of bonds against the dra nage
district within which such lands are embraced.^ p ^

By Mr. Putnam.

Speaker of the House of Representatives.

R ouse con current resolu tion m em orializin g C ongress to give aid in the
con stru ction o f public h igh w ays.

w: a

Attest *
Ebby,

w . Bellamy,

C h ief C
lerk.

W h ereas it has been the policy o f our G overn m ent from its j ^ n d a 1 ? n to aid and encourage the developm en t o f com m erce and agrica land to th is end lias m ade, regu larly, largo ap prop riation s for the
o f im provin g the rivers and harbors o f our c o u n t r y .
.
, i v « - * u s in th e developm en t oi oui civiliza tion our people - o f our
have estabi M hereas m m
Iwhod lariro .nmi im nnrtnnt com m u nities at g rea t distan ce from ^ a,te r
water^
hshod largo and
p ortan t
h
'J’aj's, so th a t the w aterw ays of th is cou ntry no longer serve even tm

Mr. OWEN presented a joint memorial of the legislature of
Oklahoma, which was referred to the Committee on Commerce
and ordered to be printed in the R ecord, as follows:

part ° r our c itiz e n s h ip : and
.
removed
. W h e r e a t the com m erce and agricu ltu re of those section s far rem ov
from such w aterw ays are as im p ortan t ns those in close proxim ity
m e r e t o ; and
W hereas the on ly m eans by w hich the United States Government can
jUstty continue its nnnronrlations w ith these objects in vie^ to the

Hon. Robert D Owen,
.

*' '»■»’ f " " a e V p S S S S t of p S W '

M W

- -

President of the Senate.

H ouse

of

R epresen tatives ,
S tate of O k l ah o m a ,

Guthrie, February 9,1909.
Washington, D. C.

c
. y o u w ill find herew ith copy o f house resolution No. 4,
p a s s e r b y ’ the le g is la t u r e o f the S ta te o f O klahom a, w hich is tra n sm it­
ted to you fo r proper consideration.
Y ou rs,

tru ly,

w

Ilon se Joint m em orial and petition 4.

g«‘
p
" £% 2 S r 3
throughout the U nited S ta tes,
ttr rerhoved from

givin g special atten tio n to those sectio s
n avigable w ater courses.

B en F. W il s o n ,

epool-cr 0/

m

ffo w j
president of the Senate^

Mr

C

o

ru v rv

M

f i T




j

S

,

U

„

. E b e Yj c h i e f Clerk.

B y M r. Lincoln.

The Leaislature of the State of Oklahoma to the
T h
H o n
James Wilson, Secretary of Agriculture, Washington, D. C.:
W h ereas the Deep Fork R iver, flow ing through seven o f the counties
o f the S tate o f O klahom a, is. on account o f frequ ent overflow s caused
hv its w inding channel and the obstru ctions therein, a m enace to the
lives, health, and property o f the people residing in and alon g the Deep

of the legis- \ l" ’w hereas*'a
to t ie Committee on

r e s o lu tio n

h

m ovem ent is now on fo o t to straigh ten the channel o f said

“ ld “" ' “o'™, —

*■.




1670

F ebruary 19,

CONGRESSIONAL RECORD— SENATE.

Resolved, That the legislatures of all other States of the United
States now in session, or when next convened. lie, and they are hereby,
respectfully requested to join in this application by the adoption of this
or any equivalent resolution.
Resolved further, That the secretary of state be, and hereby is,
directed to transmit copies of this application to the Senate and House
of Representatives of the United States and to the several Members of
said bodies representing this State therein: also to transmit copies
Resolved tij the house of representatives of the State of Oklahoma Ihereof to the legisiatures of all other States of the United States,
(the senate concurring herein>, That the Secretary of Agriculture of the j
State op South Dakota,
United States be. anil he hereby is, petitioned to authorize and cause
Department of State.
the immediate survey of the Deep Fork River, to the end that the proper
and necessary steps may at once be taken to straighten the channel of f United States of A merica, State of South Dakota:
r, Samuel C. Polley, secretary of state of South Dakota, and keeper
said river: And be it further
Resolved, That copies hereof be forwarded to the honorable Secretary! of the great seal thereof, do hereby certify that the attached instru­
of Agriculture and to our Senators and Representatives in Congress. J ment of writing is a true and correct copy of house joint resolution
Bex F. Wilson,
/ No. 7, as passed by the legislature of 1000, together wjth the indorse­
ments thereon and of the whole thereof, and has been compared with the
Speaker of the House of Representatives./
original now on file in this office.
A tte st:
In testimony whereof, I have hereunto set my hand and affixed the
W. H. F rey , Chief Clerk.
great seal of the State of South Dakota. Done at the city of l'ierre, this
Geo. W. Bellamy,
6th day of February, 1009.
President of the Senate.
[ seal..]
Samuel C. Polley.
the menace to health and property, and reclaiming a vast area of the
richest lands in the United States; and
Whereas a large per cent of said lands is now owned by full-blood
Indians, wards of the Government, whose lands are nontaxable; and
Whereas the draining of Deep Fork Iliver, as above, has been pro­
nounced by competent surveyors and engineers as being practicable and
feasible and would resutl in exempting the said valley from overflow;
Therefore be it

Mr. BROWN presented sundry affidavits to accompany the bill
(S. 60S!)) granting an increase of pension to William Kelley,
which were referred to the Committee on Pensions,
Mr. du rONT. I present an extract from the records of the
thirty-ninth annual meeting of the National Board of Trade,
held "in Washington, D. C„ January 19, 20, 21, 1909, with rela­
tion to citizenship for Porto Ricans. I ask that the extract be
read and referred to the Committee on Pacific Islands and Porto
Rico.
There being no objection, the matter was read and referral to
the Committee on Pacific Islands and Porto Itico, as follows:
NATIONAL BOARD OF TRADE.
(Organized, 1868.)
>
Extract from the records of the thirty-ninth annual meeting of the Na­
tional Board of Trade, held in Washington, D. C., January 19, 20, 21,
1909,
CITIZENSHIP FOR PORTO RICANS.
Whereas the people of Torto Rico have proved their loyalty to the
United States by more than ten years of faithful observance of all rules
and regulations prescribed and all laws enacted for their government:
and
Whereas the people of Torto Rico have shown their earnest desire to
become more closely identified with our Government and with our peo­
ple by cordial acquiescence in all measures proposed by the United States
for their benefit; and
Whereas trade and commerce between Porto Rico and the United
States have largely increased and business relations between the people
of the island and the people of the United States have been established
upon a firm and enduring basis. Therefore
Resolved, That the people of Porto Rico are in every way worthy of
and of right should be admitted to full citizenship in the United States,
and that the Congress be, and it hereby is, respectfully petitioned to
pass an act conferring this privilege on these well-deserving people.
True copy:
Frank D. Lalaxne, President.
A tte st:
O. P. Tucker, Secretary.

Mr. FORAKER presented memorials of sundry citizens of
Cleveland, Cincinnati, Toledo, Springfield, Piqua, and Ashland,
ail in the State of Ohio; of sundry citizens of Chicago, 111.; In­
dianapolis, Ind.: Rochester, N. Y .; New York, X. Y .; Pittsburg,
Pa.; St. Paul, Minn.; Omaha, Nebr.; Philadelphia, Pa.; Atlanta,
Ga.; Johnstown, Pa.; Boston, Mass.; Danbury, Conn.; Milwau­
kee, W is .; Westford, Conn.; Syracuse, N. Y .; and Allegheny,
Pa., remonstrating against the passage of the so-called “ Sherley bill,” amending the present bankruptcy law, and praying for
tbe passage of the so-called “ Nelson bankruptcy bill,” which
were referred to the Committee on the Judiciary.
M r. GAMBLE presented a joint resolution of the legislature
o f South Dakota, w hich w as referred to the Committee on the
Judiciary and ordered to be printed in the R ecord, a s fo llo w s :

State of South Dakota,
House of Representatives.
House joint resolution 7.
Joint resolution and memorial requesting Congress, under the provision
of Article V of the Constitution of the United States, to call a con­
vention to propose an amendment to the Constitution of the T nlted
.
States whereby polygamous cohabitation shall be prohibited and. Con­
gress given power to enforce such prohibition by appropriate legis­
lation.

Be it resolved by the house of representatives and senate concurring:
Whereas it appears from investigation recently made by the Senate of
the United States, and otherwise, that polygamy still exists In certain
places in the United States notwithstanding prohibitory statutes en­
acted by the several States thereof; and
Whereas the practice of polygamy is generally condemned by the
people of the United States, and there is a demand for the more
effectual prohibition thereof, by placing the subject under federal juris­
diction and control, at the same time reserving to each State the right
to make and enforce its own laws relating to marriage and divorce:
Now therefore be it
Resolved. That application be, and hereby Is, made to Congress, under
the provision of Article V of the Constituion of the United States, for
the calling of a convention to propose an amendment to the Constitu­
tion of the United States whereby polygamy and polygamous cohabita­
tion shall be prohibited, and Congress shall be given power to enforce
such prohibition by appropriate legislation.

Secretary of State.

I hereby certify that the within act originated in the house and was
known in'the house files as “ Joint resolution No. 7.”
James W. Cone,

Chief Clerk.

State

of

South Dakota, Office of Secretary of State, ss:

Filed February 5, 1909, at 3.45 p. m.

Samuel C. Polley,
Secretary of State.
A joint resolution requesting Congress, under the provision of Article
V of the Constitution of the United States, to call a convention to
propose an amendment to the Constitution of the United States whereby
polygamous cohabitation shall be prohibited, and Congress given power
to enforce such prohibition by appropriate legislation.
M. J. Chaney,

Speaker of the House.

A ttest:

James W. Cone,
Chief Clerk.

A ttest:

T

Howard

C. Shobeb,
President of the Senate.

fininvQ
Secretary of the Senate.

Mr. GAMBLE presented a joint resolution of the legislature
of South Dakota, which was referred to the Committee on Mili­
tary Affairs 3nd ordered to be printed in the R ecord, as follows:

State
United States

of

of South Dakota,
Department of State.

A merica, State of South Dakota:

I. Samuel C. Polley, secretary of state of South Dakota and keeper
o f the great seal thereof, do hereby certify that the attached instrument
of writing is a true and correct copy of house joint resolution No. l-»
as passed by the legislature o f 1909, together with alt indorsements
thereon, and o f the whole thereof, and has been compared with the
original now on file in this office.
In testimony whereof I have hereunto set my hand and affixed the
great seal o f the State of South Dakota.
Done at the city of Pierre
this 9th day of February, 1909.

[ seal.]

Samuel C. Polley.

Secretary of State.

House joint resolution.
A joint resolution and memorial requesting the Congress of the United
States to make Fort Meade, S. Dak., a brigade post, with permanent
brick or stone barracks, officers’ quarters, and other buildings.

Be it resolved by the house of representatives of the State of South
Dakota (the senate concurring):
Whereas Fort Meade is centrally located with reference to all the
Indian reservations in North and South Dakota, Montana. and
ming, upon which there are quartered about 40,000 uncivilized Indian^.
and
.
Whereas Fort Meade is the only military post in South Dakota, an
the only post in the whole Northwest possessing the required strategic
advantages to exercise surveillance over the Indians and afford propyl
protection to the property and people o f this rich and rapidly develop­
ing cou n try; and
Whereas the lines o f railroad now in operation offer transportation
facilities over four lines in four different directions, forming a basis
for m ilitary movements enabling troops to quickly reach any point oi
troub le; and
Whereas Fort Meade has a large timber reservation, with the Black
H ills Forest Reserve, upon which there is pine timber and an abundant
supply of pure mountain spring water, and also a military reservation
2 miles by 6 miles In area, with all available adjoining land needed tor
the requirements of a brigade post, which, collectively, would lncluoe
the level and rolling prairie, open and wooded, streams o f water, blun*
and brakes, bare hills and timbered mountains, offering all practicaDi
varieties of country for m aneuvers; and
Whereas the hospital records show that the pure, m alaria-free, brac­
in g climate renders Fort Meade the healthiest post garrisoned m
A m e ric a ; and
Whereas Fort Meade is in process of rebuilding as a two-snuadron
cavalry post, there having been built in the past six years brick ana
stone barracks for eight troops, hospital, post exchange, line and neiu
officers’ quarters, noncommissioned officers’ quarters, bakery, powder
magazine, stables, fire station, water system and concrete reservoir,
sewer system and stable drain, macadamized roads and cement walks,
electric-light wiring, and other permanent improvements, modern and up
to date and costing over $ 6 0 0 ,0 0 0 : Therefore be It
Resolved, That we favor and earnestly urge the Congress of tne
United States by proper enactment to designate Fort Meade as a brigade
post, and provide for the erection o f additional barracks, quarters, anu

.

CONGRESSIONAL RECORD— SENATE

1909.

The Commissioner of Pensions, in liis la st annual report, states that
no reduction in the clerical force of the bureau has occurred, except
through death, resignation, or for cause, and strongly indorses this
practice in justice to the employees. No one is disposed to question
the fairness or wisdom of his view, or that it should apply with less
force to the pension-agency clerks, who are on no different footing,
with reference to the civil-service laws, and who are doing equally
efficient work on a much less average compensation and a longer average
W ith every executive department growing with the natural expansion
of governmental affairs, there would seem to he no reason why compe­
tent clerks no longer needed in the Pension Bureau should not be
transferred to other bureaus instead of adm itting new and inexperiGDced service.
The chief objection, however, to the proposed legislation is furnished
by the convenience and expeditious operation of the present agency
system.
It has been in use forty years.
Its results are good. The
great army o f pensioners— nearly a million— and those interested in
their welfare are satisfied, and this is worth more than any theoretical
saving thus far estimated on paper.
Pension money is essentially an emergency asset. The great ma­
jority of pensioners spend it for current necessities. They anxiously
await it, have immediate use for it, and many promise its payment in
advance for urgent needs.
In this sense, its peculiar character is
quite generally recognized throughout the States by the statutory ex­
emption of pension money and certain kinds of property purchased
therewith from execution. So that to locate the disbursement of these
enormous urgency funds on the edge of the continent, far ren*>te from
the great body of beneficiaries (and possibly further impede th firjglrculatiq* hff red-tape methods, proverbially incident to. doparFiorftfal
practice )#seeins, at best, but a doubtful reform,,., A t prosfcpt'fherilgency
points of distribution are reasonably/ n ty r jfo A te ■
pensioners whose quar­
terly checks are prom ptly r e ^ iv d d y ^ rfiff thousands of imperfectly
retonrnjPn quarterly for 'correction cause no extreme
delav ^ ^h cp ^ ^ i^ p m d e n ce concerning payments is facilitated.
In large
ciMes mce New York, Philadelphia. Pittsburg. Chicago, and San Francisco, where pensioners are largely segregated, the matter of proximity
is especially important.
In fact, the economy in time is the valuable
consideration under the present plan o f payment, and this must be
largely sacrificed l)v consolidation at a point so far from the center of
both population anil territory at W ashington, D. C.

Mr. M cCU M BER. That is correct. I ask for a yea-and-nay
vote upon the proposition.
•
The yeas and nays were ordered; and the Secretary pro­
ceeded to call the roll.
Mr. D A N IE L (when his name was called). I am paired with
th e Senator from North Dakota [Mr. H ansbrotjgh ].
Mr. FU LTO N (when his name was called). I have a general
pair with the Senator from Arkansas [Mr. D a v is ], who is a b ­
sent. I am told, however, that there is no objection to my vot­
ing, and I vote “ yea.”
Mr. W A R R E N (when his name was called). I am paired
with the senior Senator from Mississippi [Mr. M o n ey ].
The roli call was concluded.
Mr. O W E N (after having voted in the negative). I wish to
withdraw my vote, the Senator from Illinois [Mr. H o p k in s ],
with whom I am paired, being absent.
Mr. G A LLIN G E Il. The senior Senator from Illinois [Mr.
C cllom ] is unavoidably absent from tbe Chamber, and author­
ized me to say that, if present, he would vote “ yea ” on this
question.
The result was announced— yeas G7, nays 2, as follow s:
Y E A S — G7.

Aldrich

Ankeny
Bacon
Bankhead
Borah
Bourne
Brandegee
Briggs
Brown
Bulkeley
Burnham
Burrows
Mr. M cC U M B ER. Mr. President, we had this same subject Carter
In conference between the two Houses for a great many days Clapp
during the last session, even growing into weeks. The House : Clark, W yo.
finally agreed to the Senate amendment. The sentiment of the Clay
Crane

Senate may have changed since that time on some of these pro­
visions, and I should like to have a yea-and-nay vote on con­
curring in the amendment relating to pension agencies, so that
the committee may be informed as to the present sentiment of
the Senate on that subject. I ask for a yea-and-nay vote on the
amendment.
Mr. K E A N . Is this to retain the present agencies?
Mr. M cCU M BER. I ask for a vote upon the committee
amendment to the House bill and continuing the several
agencies.
Mr. M cC R EA R Y. I ask that the question be stated. I was
hot able to hear the Senator from North Dakota, but I under­
stand his reference was to the pension agencies. W h at is the
request of the Senator from North Dakota?
Mr. M cCU M BER. I simply want a yea-and-nay vote upon
*he question of concurring in the amendment continuing the
Present agencies,
f r . M cC R E A R Y . Very well.
Mr. B U R K E T T . The vote will be on concurring in the
hDaendment to continue the present agencies, as I understand?
Mr. M cCUM BER. Yes.
,
Mr. B U R K E T T . Then a vote “ y e a ” will be in favor o f the
c°utinuance of the agencies?
.. ‘Mr. M cCUM BER. A vote “ y e a ” will be in favor of a conUaaance of the agencies.
t. Mr. B U R K E T T . And a “ n a y ” vote in favor of a eonsohda°,u ia Washington?
f
Mr. M cCU M B ER . Yes.
Mr. M cC R E A R Y. Does the Senator from North Dakota
, 0 , o to strike out from the bill the provision of the House or to
^*rt a provision?
. Mr. M cCUM BER. The motion, o f course, would be not only
strike out the House provision but to insert in lieu thereof
? _ donate provision.
a Mt\ McCREARY. A “ yea” vote, as I understand, is for the

juries to remain as they are.
Mr- M cC U M B ER . Yes.
lcotV IC E -P R E S ID E N T .

V \t slate

Proposition?

W ill the Senator from North Da-

.

Mr. M cCUM BER. The amendment is to strike out from line
llnob o ,De
Inclusive, on page 2, and to insert in lieu thereof
rp,
to 25, on page 2, and from line 1 to line 12, on page 3.
inr-i
V IC E -P R E SID E N T . From line 21, on page 2, to line 5,
^lusu-e, on page 3, is it not?
• r. McCUMBER. To line 12, on page 3.
cui-ri
V IC E -P R E SID E N T . The question will be upon conm n J * in the amendment made as in Committee of the \ hole,
\
tbo ,
the provision for one pension agency and inserting
eiist r° VlSion for lhe continuation of the agencies as they now




2679

Cummins
Curtis
Daniel
Depew
Dick
Dillingham
Dolliver
du Pont
Elkins
Flint
Forakcr
Foster
Frazier
Frye
Fulton
Gallinger
Gamble

Gary
Gore
Guggenheim
Hansbrough
Heyburn
Kean
Kittredge
La Follette
Lodge
Long
McCreary
MeCumber
M artin
Nelson
Nixon
Page
Paynter

Penrose
Perkins
Piles
Rayner
Richardson
Scott
Simmons
Smith, Md.
Smith, Mich.
Smoot
Stone
Sutherland
Taliaferro
Teller
W arner
Wetmore

N A Y S — 2.

Burkett
Bailey
Beveridge
Clarke, Ark.
Culberson
Cullom
Davis

Overm
an
NOT VOTING—23.

Dixon
Hale
.
Hemenway
Hopkins
Johnston
Knox

McEnery
McLaurin
Milton
Money
New lands
Owen

P latt
Stephenson
Taylor
Tillman
Warren

So the amendment was concurred in.
The VICE-PRESIDENT. In the absence of objection, tbo
otber amendments made, as in Committee of tbe Whole, will
be concurred in.
The a m e n d m e n ts were ordered to be engrossed aiiu the b ill to
be read a third time.
Tbe bill was read the third time and passed.
ARMY APPROPRIATION BILL.

Mr. W A R R E N . I ask unanimous consent that the Senate
iroceed to the consideration of the bill (H . R. 26915) making
ippropriations for the support of the army for the fiscal yeai
?nding June 30, 1910.
The V IC E -P R E SID E N T . Is there objection to the request
if the Senator from Wyoming?
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill (II. R. 2G915) making ap­
propriations for the support of the army for the fiscal yeai
ending June 30, 1910, which had been reported from the Comaiittee on Military Affairs with amendments.
Mr. W A R R E N . I ask that the formal reading of the hill be
iispensed with, and that it be read for amendment, the com­
mittee amendments to be first considered.
The VICE-PRESIDENT. The Senator from Wyoming asks
unanimous consent that the formal reading of Die bill be dis­
pensed with, and that it be read for amendment, the committee
miendments to be first considered. Is there objection? The
(’hair hears none, and it is so ordered. The Secretary will
proceed with the reading o f the bill.
Tim Qonrotnrv nrnpendcd to read the bill and read to the end
o f line 21, on page 2.
Mr LA FO LLETTE . Mr. President, I was out of my seat
for just one moment when the chairman of the Committee on
Military Affairs called up the army appropriation bill, I wish
to say, if I may interrupt the reading for just a moment, that
I had made a request to have the bill go over for one day, and
I know that other Senators have made the same request. I
want now to inquire, if the consideration o f the bill is to be
forced to-day, whether tbe chairman will not make an extended
and full explanation o f all the changes o f existing law, as well




2680

CONGRESSIONAL RECORD— SENATE.

as all the increases made by the Senate committee over the
appropriations made by the House committee, at the conclusion
of the first reading of the bill?
Mr. WARREN. .Air. President, I shall of course expect to
hold myself in readiness to explain any of the provisions of
and amendments to the House bill at the end of the reading
or as we go along.
The reading of the bill was resumed. The first amendment
of the Committee on Military Affairs was, under the subhead
“ Office of the Chief of Staff,” in the item for United States
service schools, on page 3, line 7, after the word “ dollars,”
to insert the following proviso:
P r o v id e d , That from the enlisted force of the army now provided
by law the President may authorize the organization of school detach­
ments at each of the service schools, and may authorize the appoint­
ment therein of such noncommissioned officers, mechanics, artificers,
farriers, horseshoers, and cooks as may be necessary for the ad­
ministration of such school: P r o v id e d , That nothing herein shall be
construed as to authorize an increase in the total number of enlisted
men of the army now authorized by law.
The amendment w as agreed to.

The next amendment was, on page 3, after line 16, to insert:

Contingent expenses at military posts: For the official entertain­
ment of foreign military and naval representatives and other dis­
tinguished guests while visiting officially the military posts of the
United States Army, to be expended by the Chief of Staff of the Army,
under the direction of the Secretary of War, $2,500.
The amendment was agreed to.
The next amendment was, under the subhead “ Under the
Chief of Artillery,” on page 4, line 10, before the word “ school,”
to strike out “ defense” and insert “ artillery,” so as to read:

Coast artillery school, Fort Monroe, Va.: For incidental expenses of
the school, including chemicals, stationery, hardware.
The amendment was agreed to.
The next amendment was, under the subhead “ Office of the
Chief-Signal Officer,” on page 7, line 9, after the word “ Cali­
fornia,” to insert “ Fort D. A. Russell, Wyo.,” so as to make the
clause read:

February ID,

and insert “ sixteen million seven hundred and forty-eight
thousand and ten,” so as to make the clause read:
For pay of enlisted men of all grades, including recruits, $16,748,010.
Mr. LA FOLLETTE. This amendment seems to be an in­
crease of $1,200,000 over the provision made for the pay of en­
listed men in the bill as it passed the House. It seems to me
it calls for some statement or explanation from the chairman
of the committee.
Air. WARREN. The same general statement that I have
heretofore made will apply to this item.
Air, LA FOLLETTE. Is it provided for in the estimates of
the department?
Air. WARREN. Yes. I will say to the Senator that the
amendment upon which he requested Information a moment ago
was for the commissioned officers.
Air. LA FOLLETTE. Yes.
Air. WARREN. This is for the enlisted men of the line. It
is within the estimate. The committee had before it tbe Pay­
master-General, tbe Chief of Staff, and several other officers,
and, after close questioning, it was believed that the estimate
had been “ cut to the bone,” as they termed it, and we felt that
we ought to put in here the estimate, which the House bad
failed to do. This, as in the case of the other item, is a matter
of statute, and must be paid, and we either have to Incorporate
it here or we will be bound to pass it in the form of a deficiencyMr. LA FOLLETTE. Do I understand the Senator to say
that this increase is in accordance with the estimates originally submitted to the committee?
Mr. WARREN. It is.
Air. LA FOLLETTE. Did the House committee, if I may
inquire further, if the Senator knows, have the same estimate
before it?

Air. WARREN.

It did.

The VICE-PRESIDENT. The question is on agreeing to the
amendment reported by the Committee on Military Affairs.
The amendment was agreed to.
The next amendment was, on page 8, line 17, before the word
Annunciator buzzer systems at target ranges: lor Installation^ of
annunciator buzzer systems at target ranges at Fort Ethan Allen. \ t .; “ thousand,” to strike out “ six hundred ” and insert “ seven
Fort Niagara, N. Y .: Fort Leavenworth, Kans.: Fort Riley. Kans.; hundred and fifty,” so as to make the clause read:
Fort Sam Houston. Tex.; Fort Sheridan, 111.; Presidio of Monterey,

Cal.; Fort D. A. Russell, Wyo.; and Fort William McKinley, P, I„
$18,200.

The amendment was agreed to.
The next amendment was, on page 7, line 17, before the word
“ dollars,” to insert “ one hundred and eight thousand eight
hundred,” so as to read :

For pay of officers of the line, $7,108,800.
M r. L A F O L L E T T E .

I s h o u ld lik e t o a s k t h e c h a i r m a n th e

For additional pay for length of service, $1,730,000.

The amendment was agreed to.
The next amendment was, on page 11, after line 8, to insert:

Private secretary to Chief of Staff, $2,400.
The amendment was agreed to.
The next amendment was, on page 12, line 21. before the word
“ and,” to strike out “ forty-four thousand six hundred” and
insert “ forty-seven thousand,” so as to make the clause read:

necessity for the increase.
In all, $347,040.
Mr. WARREN. The increase is estimated for, and the in­
The amendment was agreed to.
formation of the committee is that tbe present strength of the
• The next amendment was, on page 14, line 18, before the
army will require fully as much as this, and perhaps more.
word “ dollars,” to strike out " three hundred thousand ’ anu
AVe put it in here to avoid its coming in later as a deficiency.
Insert “ four hundred and fifty-one thousand one hundred," so as
Last year there was more than $4,000,000- of army deficiency.
to read:
As the Senator knows, the statutes provide for the pay of
Medical Department: For pay of officers in the Medical Department,
officers and men, and whether we appropriate enough or not, $1,431,100.
they have to be paid and will be paid just the same. So it
The amendment was agreed to.
,
is a question merely as to whether we will have it here in its
The next amendment was, on page 14, after the word “ 1,0
proper place or be compelled to put it In a deficiency bill follow­
iars,” in line 18, to insert:
ing next year. It is within the estimate, I will say to the
Provided, That
of the Medical
Senator, and the estimate is cut to a little below, for that the army who, at any majorexamination for Corps on the active lijd
his first
promotion to the gr®«e
matter, the present strength of the army, and is believed to be lieutenant-colonel in said corps, has been or shall hereafter be iouui*
disqualified for such promotion for any reason other than physical duo*'
as low as prudence will admit of its being cut.
blllty incurred in the line of duty shall be suspended from promote'
The amendment was agreed to.
and his right thereto shall pass successively to such officers next bom
The next amendment was, on page 7, line 17, after the word him in rank in said corps as are or may become eligible to promm*01

under existing law during the period of his suspension: and any ofm*1
suspended from promotion, as hereinbefore provided, shall be reexamincu
That the accounting officers of the Treasury are hereby au­ as soon as practicable after the expiration of one year from the date oi
thorized and directed to allow payments for exercising higher command the completion of tbe examination that resulted in his suspension; an*i
under the provisions of section 7 of the act approved April 26, 1808 (80 if on such reexamination he is found qualified for promotion, he
Stat L p. 364 > which have been made between the date of the passage again become eligible thereto; but if he Is found disqualified by reason
.
of said act and March 18. 1007, in accordance with the regulations and i of physical disability incurred in line of duty, he shall be retired.
decisions then existing: P r o v id e d , a lso , That where disallowances have the rank to which his seniority entitles him to be promoted; and » n
been made, the Auditor for the War Department is hereby authorized is not found disqualified by reason of such physical disability, hm
to reopen said settlements and credit to the claimants any sums which found disqualified for promotion for any other reason, he shall oc
have heretofore been deducted under the head of increased pay for the retired without promotion.
exercise of higher command.
The amendment was agreed to.

4 dollars,” to insert:
1
P r o v id e d

The amendment was agreed to.
The next amendment was, on page 8, line 11, before the word
“ dollars,” to strike out “ thousand ” aiul insert “ and thirty-two
thousand seven hundred and eighty,” so as to make the clause
read:

For additional pay for length of service, to be paid with their current
monthly pay, $1,632,780.
The amendment was agreed to.
The next amendment was, on page 8, line 15, before the word
“ dollars,” to strike out “ fifteen million five hundred thousand ”

The next amendment wag, on page 16, In line 19, after the
word “ cents,” to insert the following proviso:
Provided, That hereafter when an officer of the line of the
Army, whose original commission in the army is dated prior to (8-to
1, 1890, and who has been passed over by his juniors in length of w
missioned service in tbe same branch of the line, is retired under ex' ‘
ing law, he shall be retired with the rank and pay of the grade
.
he w-ould have attained if promotion In the several grades from set1
lieutenant to colonel, inclusive, had been carried out lineally anu *
seniority in the several branches of the line prior to the act of Conff-*
approved October 1, 18DO, regulating promotions: A n d provid ed .
nothing herein contained shall be construed to mitigate or remove *

CONGRESSIONAL RECORD— SENATE.

1909.

Mr. OVERM AN. I wish to say that the reason I offer the
amendment is that the supreme court of North Carolina in a
recent case, found in a late volume of the North Carolina Re­
ports, decided that the Cherokee children are amenable to the
laws o f North Carolina, which require every man to send his
children to school. There are 227 in the school now.

The amendment was agreed to.
Mr. CLAPP. I will ask permission at this time to correct
the totals. There have been some changes made.
The V IC E -P R E SID E N T. Without objection, permission is
granted.
Mr. CLAPP. On page 10, after the amendment which has
been adopted there, I desire to submit another amendment. I
want to say that the Senate has been very indulgent with these
amendments. This is something; the department is very anxious
to have done. A bill for this purpose passed the Senate some
time ago. 1 offer the amendment.
The S ecretary. On page 10, after line 3, and after the amend­
ments already agreed to at that point, it is proposed to in sert.
That any adult Indian of any reservation to whom an allotment has
been or hereafter shall he made and a trust or other patent containinf;
restrictions on alienation issued, or hereafter shall be issued thereto ,
is, with the consent of the Secretary of the Interior and under such
regulations as he may prescribe, hereby authorized to sell tut tm um
on his allotment.
..
„ .
.
Timber on the allotments of minors may, upon the approval of tne
Secretary of the Interior, likewise be sold by the father, mother, or
Indian agent, or other officer in charge, in the order named, and tn
Secretary of the Interior shall make such regulations for the disposi­
tion of the proceeds of said sales as may he necessary to protect the
Interest o f said Indians, including such minors.

Mr. TE L L E R . I should like to have the word “ guardian ”
Included there somewhere— the guardian, under the direction
o f the Secretary o f the Interior.

The VICE-PRESIDENT.

The amendment reads:

By the father, mother, or Indian agent, or other officer in charge, in
the order named.

Mr. TELLER. Perhaps that will cover it.
Mr. L A FO LLETTE . I ask to have the amendment read
again.
The V IC E -P R E SID E N T. The Secretary will again read the
amendment, at the request of the Senator from Wisconsin.
The Secretary again read the amendment.
Mr. L A F O LLE TTE . I am constrained to make the point of
order against the amendment that it is general legislation upon
an appropriation bill.
The V IC E -P R E SID E N T . The Chair is o f the opinion that
the point of order is well taken, and therefore sustains it.
Mr. TE L L E R . I wish to offer an amendment, and I desire
to say a word or two about it. I send up the amendment to
he read.
The S ecretary. On page 2, after line 13, it is proposed to
Insert:
, . To provide for the protection of Indian properly and the ijrosecuti'in of crimes and offenses committed against Indians and Indian
Property, the sum of .$25,000, to be expended at the discretion of the
President, the same to be immediately available.

Mr. T E L L E R . Mr. President, I find there is a small appro­
priation— I think twenty-five hundred dollars— provided in the
Ponding bill for this purpose, and perhaps for some other pur­
poses.
I have some personal knowledge of the conditions of Indian
Property.
I have gone on two committees into the Indian
country— down into Oklahoma. I have some knowledge of the
condition of the Indians In the western country, as well as in
tiie Southwest. I know that there have b een committed agamst

amount of money provided for their prosecution.
I do not
know—-it might have been put into the hands o f the Secretary ,
but on consultation with some people who know about those
matters, I thought it better to put it in the name of the I rose
a°ut. O f course, the work will be done under the Secretary of
the Interior, whoever he may he.
.
. ..
T 1 think this ought to be done. I think common justice to the
Imiians requires that we should furnish some means to protect
their property, and to protect their persons in some cases. The
Senator from Kansas, I think, accompanied me on one of those
expeditions, and lie will sustain me in the statement that « e
fhKht to have some help from the General Government in these

cases.
The V IC E-PR E SID EN T. The question is on agreeing to the
a,nendinent proposed by the Senator from Colorado.
I he amendment was agreed to,
.
Me FLINT. 1 offer the amendment I send to the desk.




The S e c r e t a r y .
insert:

2777

On page IS, after line 19, it is proposed to

For payment to James H. Owen, of Los Angeles, Cal., of the amount
found to be due him by the Secretary of the Interior under contract of
May 31, 1906, for the erection of buildings and irrigation works at the
Truxton Canyon Indian School, Arizona, $930.

The amendment was agreed to.
Mr. GORE. I desire to offer an amendment to the pending
bill, to be inserted after line 9, on page 58.
The S ecretary , On page 58, after line 9, it is proposed to
insert:
T hat the Secretary of the Interior is hereby authorized and directed
to turn over to the proper officers, respectively, of the counties now
forming a part of tlie area covered by the counties of Caddo, Kiowa,
and Comanche, State of Oklahoma, upon such equitable basis as may
be satisfactory to and approved by the Secretary of the Interior, the
respective unexpended balances of the funds derived from the sale of
town lots in the towns of Anadarko, Hobart, and Lawton, Okla., under
the act of March 3, 1901, and by that act and the acts of June 30,
1902, and March 14, 1906, set apart for the construction of public im ­
provements in the said counties, as a trust fund to be by them, or under
their supervision, expended solely for the construction and_ completion
of public improvements in the counties aforesaid, as provided by the
enactments of Congress creating and regulating the disposition of said
funds, and for expenses necessary in connection with the construction
and completion of such improvements.

Mr. GORE. I ask th a t the letter a ccom p a n y in g th e a m en d­
m ent be prin ted in th e R ecord.
The V IC E -P R E SID E N T . Without objection, it is so ordered.
Mr, CU RTIS. I make the point of order against the amend­
ment, unless some explanation is made showing the necessity
for it.
Mr. GORE. I will make an explanation, which I hope will
be satisfactory.
A measure for this purpose has already passed the Senate,
but the condition of affairs in the other House makes it im ­
possible to pass it there at this session. It is urgently desired
by the department, and I sent to the desk with the amendment
a' letter from the Secretary of the Interior urging its passage.
It is a matter the department is very anxious to be rid of.
* Mr. C U R TIS. I should like to ask the Senator if he can ex­
plain what change it makes in existing law?
Mr. GORE. There is a remaining balance from the sales of
those town lots, which arose seven years ago, still in the hands
o f the department, and they desire to turn this money over to
the local authorities in those counties in order to get rid of the
further distribution of the fund.
Mr. CURTIS. A s I understand, the law required these im­
provements to be made by the Secretary of the Interior or under
liis direction.
Mr. GORE. That was the law, and a good many have been
made, but a portion of the fund still remains, and the Secretary
desires that it be turned over to the counties. I will ask that
the letter I sent to the desk he read.

The VICE-PRESIDENT. Without objection, the Secretary
will read as requested.
The Secretary read as follows:
February 3, 1909.
Ion. J. S. S h e r m a n ,

„

„

. ...

Committee on Indian Affairs, House of Representatives.

S ir,: B y vour reference of January 30, 1909, for report, I have the
Lonor to acknowledge receipt of copy of H. R. 11342, entitled A bill
providing for the disposition of the balance of the funds derived from
he sale of town lots in the county seats of Caddo, Kiowa, and Co" The ^ R ea u th o rizes and directs the Secretary of the Interior to turn
iver to the proper officers, respectively, of the counties of Caddo Kiowa,
nd Comanche, and the towns of Anadarko, Hobart, and Lawton, n
he State of Oklahoma, the unexpended balances derived from the s a l.
f the town lots under the act of March 3 t901.
P,v section 30 of the act of M ay 29, 190S (3o m at., 4 o o ), tlie mere
n v of the Interior was authorized and directed to turn over the unex-

S

E

S

S

S

?

i

S

S

- S

S

M

Sea, 2 i s s

f t a i t t l countie.

ie area covered »y w
w u im w ,
,
ie same line, the words
on March, 18.11.
The balances due the respective counties now he In the Treasury. It
inpars that the various commissioners of the various counties of the
■in'il Comanche Comity have agreed among themselves as to how the
,Hnce remaining for that county may be satisfactorily divided beX
them.
There has apparently been no subdivision of Kiowa
rmntv
Grady County covers a portion of the original Caddo County,
this department has nor been advised of any agreement for partiJm between these counties. As Oklahoma has now become a State,
, re is no reason why the expenditures should be now supervised bv
is department nor why the fund should not be divided among the
'unties upon such equitable basis as may be satisfactory and approved
; the Secretary of the Interior.




2778

F ebruary 20,

CONGRESSIONAL RECORD— SENATE.

This department would, therefore, recommend the passage of the bill
amended, so as to provide for the distribution suggested.
Very respectfully,
(Signed)
Frank P ierce,

Acting Secretary.

Mr. CURTIS. I withdraw the point of order.
The VICE-PRESIDENT. The point of order is withdrawn.
The question is on agreeing to the amendment proposed by the
Senator from Oklahoma.
The amendment was agreed to.
Mr. GORE. I offer another amendment, to follow the one
just agreed to.
The Secretary. After the amendment just adopted, on page
58, after line 0, it is proposed to insert:
The Secretary of the Interior is authorized to allot to the children
born to members of the Kiowa, Comanche, and Apache tribes of Indians
in Oklahoma since June 5, 1906, such allotments to be made out of the
remaining unallotted lands belonging to said tribes, and to be as nearly
equal in value as practicable.

Department

of tub

Interior,

Washington, February 4, 1909.

Hon. Moses E. Clapp,
Chairman Committee on Indian Affairs,
United States Senate.

Dear Si r : I have, by your reference of January 28, Senate bill 8770.
“ To enable the Secretary of the Interior to dispose of the affairs of
the Five Civilized Tribes, and for other purposes.”
The underlying purpose of this bill is very proper and necessary.
For years Congress has been providing in the Indian appropriation
acts that the Commissioner to the Five Civilized Tribes shall wind up
the affairs of those tribes on or before the end of the following fiscal
year. The intricacy of the work of that commission, the multitudinous
questions which have arisen, the extreme importance of doing full
justice to the Indians, have all combined to make it impossible to close
the affairs as the various acts direct. In addition to the ordinary
difficulties of administration, the department has been confronted with
a large number of suits, some of them involving the enrollment and
property rights of thousands of persons.
The Goldsby and Allison suits, recently decided by the Supreme
Court, have established the status of about 300 citizens of the tribes
who, previous to that decision, had been treated as legally stricken
from the rolls. While these cases were pending, most of their selected
allotments have been applied for by other enrolled members. It will
now be necessary to allow the three hundred to perfect their rights
and to see that others who had tentatively applied for their allotments
get allotments elsewhere.
. .
___

Mr. CURTIS. I make the point of order against the amend­
ment.
Other suits are now being filed in what may prove to be more than
The VICE-PRESIDENT. What is the point of order?
1,000 cases, in which— although the essential point on which the GoidsMr. CURTIS. That it proposes general legislation and changes by case was decided Is lacking— there are other features of consider­
existing law.
able similarity.
, „
. .
„ „
“ The
case, recently decided by the Court
es­
The VICE-PRESIDENT. The Chair sustains the point of tablishedMuskrat ”the Supreme Court should override theor Claims, the
(unless
decision)
order that it is general legislation.
right of hundreds of Cherokees to be upon the rolls and share in the
Mr. GORE. I ask the Senator from Kansas to withhold the tribal land and money. This suit has been appealed, and action under
the decision must be delayed until the Supreme Court has rendered
point of order for just a moment.
The s t a l le d “ Fleming suit ” is supposed to affect the rights of
Mr. CURTIS. I do not see how I can. I feel that the bill
is being loaded down with a lot of matters that ought to go more than 13,000 claimants. It is now in the Supreme Court for eonthrough as independent measures, and I insist on the point of
There are other suits pending and likely to be brought. Under the
circumstances, and without some definite provision ot law providing
order.
for the manner in which the affairs of the Five Civilized Tribes shall
The VICE-PRESIDENT. The Senator from Kansas insists he closed, it may be years before the Commissioner to the live Civilized
upon the point of order.
Tribes can actually complete his work.
,
.
I
method of procedure set forth in the vari­
Mr. McCUMBER. I offer the amendment I send to the desk. ous am convinced that theand equitable, and that they would accom­
sections is necessary
The S ecretary . After line 2, on page 70, it is proposed to plish a final and proper adjustment of the matter in question. I
not certain, however— and I draw particular attention to my hesi­
insert:
tancy— that the length of time allowed before final action is sufficient

That the Attorney-General of the United States Is hereby authorized
and directed to move the advancement upon the docket of the Supreme
Court of the United States of the case of J. E. Fleming et al. V. Green,
McCurtain et al., Docket No, 535, to the earliest practicable hearing.

to insure opportunity for a full and reasonable return to the tribes
from their property, or that those determined by the courts to be en­
titled to enrollment will be identified by final judgment of the courts
before December 1, 1911, the date fixed in S. 8776 for completion ot
the distribution of the funds belonging to the tribes.
The amendment was agreed to.
I ask, therefore, that the committee consider whether the date,
Mr. GORE. I desire to submit an amendment to be inserted ‘‘ May 1, 1910,” found in lines 24 and 23 of the third page of the
bill, should not be made at least as late as December 1. 1 9 1 0 : anu
after line 17, on page 67.
whether the date “ July 1, 1911,” found in lines 10 and 11 of tne
The S ecr etar y . On page 67, after line 17, it is proposed to fourth page of the bill, should not be extended to as late as December
1, 1911; and whether the date “ December 1. 1911,” found in line * .
>
insert:
and again in line 9, on page 7 of the bill, should not be as late as
gEC __ The Secretary of the Interior is authorized and directed to July 1, 1912.
*
„
.
cause 'to 'be paved that portion of the streets adjacent to the Creek
This extension of the time seems necessary for two reasons: First, in
national capitol at Okmulgee, Okla., which said portion would be order that there may be better opportunity for finat court judgments,
chargeable to the property if it were private property* and the ex- since the Supreme Court could advance and consider the cases ourm,,
pense of such paving shall be defrayed out of the fund belonging to the winter of 1911-12 which might not reach that body in time i "
judgment prior to December 1, 1 9 11; and, second, because there snoum
the Creek tribe of Indians.
be the fullest reasonable opportunity to secure for the tribes an aaeMr. CURTIS. I make the point of order against the amend­ quate return from the sale of their residue land. The property involve 1
consists of millions of acres, of which about 300,000 acres contain val­
ment.
uable deposits of coal, and nearly a million acres are covered wim
The VICE-PRESIDENT. What is the point of order?
timber of considerable value.
The purpose of the bill is to divide the landed property of the Indian*
Mr. CURTIS. That it is general legislation.
The VICE-PRESIDENT. The Chair sustains the point of into three classes: (1) The surface of the Choctaw and Chickasaw
coal and asphalt lands, (2) the coal and asphalt contained in that lanu,
otder.
—^
and (3) all the other land left after final allotments have been DjaJ£The plan involves as speedy a classification and appraisement or the
f >Xr, OWEN. I have several small amendments which are
lands as possible, in order that there may be one or more offers for
offered in accordance with the wish of the Interior Department,
of it to the public under sealed bids, at not less than the appraiser
who have reported on the matter, and I have the report of the value, prior to May 1. 1919, as the bill now provides, or December U
Secretary of mtr Interior
I suggest; and that after c
such ,date, U L 1W
but before July 1, l-*1}
secretary Ui. the u n c n u i which I should like to have appear In i 1910, as X ouf,6«
W iu,
u
a
i
U
IUIV u
i.v
.
T
C
T
the n ecord-without VvAJriof ircvo/l IT i IaC ! CA 11A And TVATllH TiWh to
R ____ _ ...GUaii I- being read, unless some one would like
tbe bi]‘ provides, or December 1. 1811, as I suggest, this land
Lilt, jYrxuiu>
a
be offered one or more times in such way that before the final date it
shall have been offered with no restriction as to area or upset price. in
i hear it.
T ho V l f F - P R E S I D E N T .
Without objection, the re[>ort w ill order that if the land then remaining has anv value whatever it t
■ I a Ji in +bo Uvrrmn w iniouc bein" i l . iu .
!r,
ithout
read
be disposed of to the I?crson or Persons offering to purchase it.
^
tile RECORD w
Utiii0
J also understaild that, by section 4. the bill proposes to protect the
be‘ inserted
tribes and the members thereof from any contracts they may have
Tbs report is as follows:
entered into which might consume part of the proceeds from the pro­
Secretary's Office ,
posed sales; also, that the bill provides that those who arc lawfully on
Department of the I nterior,
the rolls and do not obtain an allotment of land shall receive, in fn*'
Washington, D. C., February 19, 1909.
satisfaction for allotment right, an amount twice the average value
M t D ear S enator Clapi*: I am sending you herewith the formal . the land subject to allotment; also, that the funds of the tribes shall
report on Senate bill 877G, relative to the winding up ot the afTViirs j tie distributed before December 1, 1911, ns the bill provides, or before
July 1, 1912, as I snggest, such distribution being unrestricted, except
of the Five Civilized Tribes.
., ,
I have found it quite impossible to formulate any statement
hich that allottees of more than three-quarters Indian blood whose restric­
would fairly show the conditions which have been complained of re­ tions have not been entirely removed shall rewire half of their dis­
garding persons who claim to have been omitted irom the tribal roils. tributive shares without restrictions, the other half being held by the
It seems to me almost impossible to 'classify the various complainants Secretary of the Interior and expended later for the benefit of such
in such fashion as to give a clear Idea of either the reason for the restricted Indians; also, that the couueils of the tribes shall not meet
classification or the number of persons who might come within any except with the approval of the Secretary of the Interior, in order that
they may not consume the funds of the tribes in useless and prolongea
special class.
.
It seems to me that if we attempt to open the rolls for any class meetings.
of claimants, more harm than good will be the result.
By the arrangements suggested above, the duties of the Commis­
I am, however, still considering this question, and will advise you sioner to the Five Civilized Tribes wonld be surelv at an end July U
further; bnt send this report on. as I understand your committee desires 1912, and as soon before that time as the court and contest proceedings
to consider the Senate bill 8776 to-morrow morning.
and sales of land could be brought Into such shape that the Indian
Very truly, years,
agent would be able to handle the matter, with the help of the diiirjvv
James Kudolpii Garfiei.0,
agents. In the way that the affairs of tribes other than the Five civ ­
Secretary.
ilized Tribes are now handled.
„ .. n
Hon. Moses E. Clapp,
*
Section 7 is necessary, because the tribal funds of the Creek Natioi
United States Senate.
are not sufficient to equalize their allotments, as now provided by iaw-

1909.

CONGRESSIONAL RECORD— SENATE.

2779

2.
Add a new section between sections 3 and 4, on page 6, which
The reason for this is that a large number of minors were added to the
rolls with the consent of the nation, and for that reason there will shall r e a d :
“ -S ec . 3a. T hat the compact body of timber land In the Choctaw Na­
be practically no residue of land to be sold. Since there is not sufficient
money to equalize these allotments, the only reasonable and logical tion not to exceed 1 ,200,000 acres, as it may be designated by the Sec­
method would seem to be to pro rate the money available among them, retary o f the Interior, is hereby set aside as a national forest, to be
saving out only enough to be sure to meet the current expenses of the known as the “ Choctaw National Forest,” and to be protected, ad­
ministered, and improved according to the laws, rules, and regulations
tribe until such time as their tribal rolls may be finally closed.
Section 8 provides a remedy for a situation which in many respects applicable to national forests in general; and there is hereby appro­
would bring about complications and inequities. There are many pay­ priated, out of any funds in the Treasury not otherwise appropriated,
ments on town lots iu default. The defaulting purchasers own the im­ the sum of § 1 ,8 0 0 ,0 0 0 , or so much thereof as may be necessary, to pay
provements on the lots, and would strenuously oppose the taking of to the Choctaw and Chickasaw’ tribes of Indians for the body of timber
these improvements by a subsequent purchaser. The defaults of pay­ land, not to exceed 1,2 0 0 ,0 0 0 acres, designated for said national forest
ment are largely due to the recent financial stringency and to uncer­ by the Secretary of the Interior, at the rate of § 1 .5 0 per acre, and
tainty about the outcome of the town-lot fraud cases. There would the amount to be paid when definitely determined shall be transferred
seem to be no objection from the standpoint of the tribes that an oppor­ in the Treasury Department to the funds of said Choctaw and Chicka­
tunity for making defaulted payments should be given to and including saw nations, to be disbursed as part of said funds.”
I find that the following further changes should he made in the b i l l :
a specific date.
1. In line 6, page 1, the words “ such enrolled persons ” should he
Section 9 is necessary if the affairs of the Choctaw and Chickasaw stricken out and in their place there should be inserted the following
nations are to be closed out. The law now permits freedmen who w o rd s: “ any enrolled persons of the Cherokee, Choctaw, or Chicka­
received less than 40 acres of land in their allotments to purchase at saw nations have not completed their allotm ents, and.” The reason for
the appraised value enough land to bring their holding up to said 40 this is that those enrolled with the Creek and Seminole nations have
acres. Many or most of these freedlhen will never exercise this right, no remnant allotments to select, and unless the above words are in­
and for that reason it Is necessary to fix a limitation whereby their
might
confusion.
,
right will become automatically and equitably extinguished. If the serted, t there end of be some 2, on page 3, there should be inserted the
2. A the
section
bill passes at this session of Congress, the time allowed—to December 1,
fo llo w in g :
, . . .
,
,
,
1909— would seem to be equitable.
‘ Provided, T h at this section shall not apply to those who have made
In addition to the sections contained in the hill I suggest the fol­ allotment selections for wiiich certificates of allotm ent
Issued.”
lowing :
The reason for this is that the courts have held that the issuance of
“ S ec , 10. That the Secretary of the Interior is hereby authorized allotm ent certificate passes the title, and beyond that consideration it
and directed, under such rules and regulations as he may prescribe, does not seem wise to allow those who have already obtained their al­
to take charge of and lease, for terms not exceeding those provided by lotments to cause confusion and delay by attempting to surrender them
law for the various classes of leases for restricted allotments of the and take money instead.
, u
3. In line 20, page 3, after the word “ coal,’ insert the words “ sepa/
Five Civilized Tribes, all restricted lands allotted to members of any
9
usof the Five Civilized Tribes having three-quarters or more Indian r&tc from the surfnee j 9 *ind in the Stirne line, sifter tlie word
blood when such allottees fail or refuse to accept or take possession phalt ” insert the words “ together w ith the su rfa c e ; ” also after the
of their allotm ents: P r o v i d e d , That leases made hereunder which w ord’ “ coal ” in line 0, page 4, insert the words “ separate from the
could have been legally made by the allottee without the approval of surface • ” and after the word “ asphalt,” in line 7, page 4, insert “ to­
the Secretary of the Interior shall be delivered to him for administra­ gether with the surface.” The reasons for these insertions is the fact
tion at any time when lie shall accept them: A n d p r o v i d e d , That until that the asphalt lies practically on the surface and is worked in open
said allottees accept the administration of said leases the expense of ouarries Consequently a sale of asphalt without a sale of tlie surface
tnaking leases which the allottee could have legally made for himself would be unreasonable. By inserting the words indicated above, I am
without the approval of the Secretary of the Interior shall be reim­ confident this section w ithout further change w ill provide for sale of
bursed to the fund for the expenses of district agents provided for asphalt, together w ith the surface and of the coal, separate from the
in the Indian appropriation act, the net proceeds thereof, together surface
In line 1 at the top o f page 5, after the words “ may elect,” there
With all the proceeds of leases which require the approval of the Sec­
retary of the Interior, to lie held by the Indian agent, Union Agency, should be Inserted the w’ ords “ but in no case later than February 1,
and paid to the respective allottees as soon as they will accept said 1 9 1 ° ” The necessity for this insertion is to prevent delay in payments
to such an extent that the provision for distributing the funds would
Payments.”
The propriety of such a provision of law is based upon the fact that lie necessarily defeated. On page 7 strike out the word before, both
a large number of full-blood Chcrokees, Creeks, and Choctaws have re­ in line a and line 9, and In each instance substitute for it the words
<
fused to accept their allotments. Their allotment certificates and < payments to begin not later than.” The reason for this is that the
deeds sent to them by registered mail have been returned to the Indian difficulty of making 1 00,000 payments is so great that practically a
agent. Most of these allottees do not know where their allotments are rear will be consumed in their completion. This is because of the diffi­
Situated and are obtaining no return from' them. Under the proposed culty in finding the whereabouts o f the Indians and the physical work
Section the district agents, without very great loss of the time which required in making sure that each payment goes to the entitled payee.
fhey are using to so much advantage in the protection of minors and This provision would not delay final distribution one day longer than
la the removal of restrictions, could let it be known that they will practically necessary, and would not require the continuation of the
ffiake leases for such allotments, and the Indian agent, who is under a Commission to the Five Civilized Tribes, since the Indians are always
§400,000 bond, could hold the proceeds until the recalcitrant allottee n. , w the Indian agent or by special agents o f the department.
<‘ ommlssloner .T George W right lias made a careful study of the ex­
.
uon lie found. There is no case on record where an allottee has re­
fused to accept money, and I believe that as soon as any such allottee pense necessary for appraising land and mineral under section 8 o f the
hill
He reports that in the Creek Nation there are approximately
finds that there Is money available for him and that his allotment will -n orm acres unallotted. This is distributed over about 120 townships,
nring him an income for the future, he will take over the lease from
10 men about five months to make the
, ® department, accept his allotment certificate and deed, and become for which reasons
interested In the use of the land allotted to him. In this way it is aP?n°the*1Cherokee N a tio n 0 th ert^n re approximately 4 0,000 acres of un1
fi°Ped that the Night Hawk and Snake hands, who are refusing to
accept their allotments, will be iuduced to follow the lead of the ma- a 11o U ed 61a n d s i nCsmall tracts distributed over 150 townships. This
ta-ntii/i T'omiirp 4 mon four months, nt «i cost o f $4,000.
jority of the members of the Five Civilized Tribes. In this way also
The Choctaw and
unallotted
*t win be possible for the district agents to get in touch with this class acres is distributed Chickasaw townships. land, approximately 3,245 ,0 0 0
over 012
In about 106 of these townPr Indians and obtain their consent for selling part of their allotments sldns there is more or less pine timber o f a commercial value. To apn order that the proceeds may be used in Improving the remaining por- nrMse this land and timber would require about 3o men for six or seven
u °n. This will certainlv be to the advantage of the Indian and will mnntha
an A^srejTAte cost of nbout $2o,000.
rapidly increase the area of taxable land in eastern Oklahoma.
Th e total cost therefore, would be approximately §3 6 ,0 0 0 .
I there. 1 urge upon the attention of the committee that a large area of tim­
s u r e s t it would be impossible with the force already provided for
ber land hi the Choctaw Nation, something over a million acres, is situ­ ^ C o m m i s s i o n e r to the Five Civilized Tribes and the Indian agent to
ated at the headwaters of rivers very liable to floods, and is the only make these appraisals, and I further suggest that the following section
fD'etch of forest land In a very large region. I am convinced that it
blUjg liereby appropriated, out of any money in the
would be constitutional for the Government to purchase this land from bemadded 1°
x u In*H:>ns for a reasonable price and hold it as a national forest.
Treasury not otherwise appropriated, § 3 6 .0 0 0 . or so much thereof as
All the land in this region which, because of being situated along creek mav be necessary to he expended by the Secretary of the Interior in
river bottoms, is capable of agricultural use has been allotted making the classifications and appraisements provided for in section 3
, be una!lotted portion Is rough, broken land which can not be utilized
I?r home making. Unless Congress makes some provision for the reten- hein'connection with the disposal of land of the Five Civilized Tribes,
.°h of this area as a national forest, it will, either under the pro\i- I call vour attention to the fact that section 10 of the act of May 29,
4ons °f this blll na introduced or by operation of existing law as soon 1908 provides for the sale of 2 acres for school purposes in each dis­
u ®
llotmentH are completed, be disposed of by the Secretary of the In- trict
There afe two mistakes in that provision
One is that the 2
”
.11
for the reason that 2 acres can not
i . , r and pass forever bevond the reach of government conser\ation. nicx. ,i , 7 , ‘
bA I Sftid above, the acquisition of the land by the Government would bTdJscrited i5 te rn s of government surveys, for which reason the cost
deeding the land for school purposes Is very much int0 bp constitutional for the purpose of protecting navigable of survey in " and rn ' m
site for each
W „ams- It would lie at least a paying investment for the Government, oi s u n e j T h e provision sthat^tnerermay ^ but one school jn Oklahoma
creased.
sJnce
ro£aus° tbe sale of timber under wise forest management would amply
^ bool fltrlVt whe re t he re a rc colored children must maintain two sepa­
th£ f lI10 Purchase price, it would be fair to the Indians, because, if
ne Janq ls expose<1 tft snl(, thc creani of it will he bought n to begin rate schools I therefore suggest the addition of still another section
t a w '.8 jd the remainder will be left ns a drug upon the market (hoc!ec
10
f
and Chickasaw del cerates have expressed to roe informal]} their t 0 ..tS t rW{ ,i a tlo n W of the act of May 29. 190S (3 5 Stat., 4 4 4 ). Is
to01 r \h n t If the present appraised value of this land shou d t;e given lv^reiiv amended to read as follo w s: ‘ Sec. 10. That the Secretary of the
In te r io r ^ ? hereby authorized to sell for use for school purposes to
the Indians bv the Government, the compensation would be fa r,
districts of the State of Oklahoma from the unallotted lands of
i f e the good and bad laSd would have to be taken in one lamp 'The
th« ns themselves would profit both practically and sentimentaUv by fim Five Civilized Tribes land not to exceed two tracts of 2 } acres each
in anv one school district, at prices and under regulations to be preX ^ ‘fitenance of nTls publlc forest/ Those who arc no willing o
bv him, and proper conveyances of such land shall be executed
Which «? way« «f civilization would have a stretch of wild land, within
fo w , the- could live and fish and hunt so long ns thej abide l> the in accordance with existing laws requiring the conveyance of tribal
v
>
n ro n e rtv and the Secretary of the Interior also shall have authority
rivei-R
state laws, whereas those who have ^ J ^ ? 1 * ? 3
***
'
to remove the restrictions on the sale of such lands, not to exceed tw o
ti, ' H ftn<] in the proximity of this forest lfltfxJ would h&\€ the pr *c
« L ? L " rS m flo U n m tth e opportunity to purchase Unitor
wood tracts of 2* acres each for each school district, as allottees of the Five
Civilized Tribes, Including full bloods and minors, may desire to sell for
better prices, not onlv to-dav. but for generations to come,
purposes.’ ”
,
_
„
they
committee should deem it wise to adopt the above suggestions school Very respectfully,
J ames R udolph Garfield ,
l r!!n,, 0 80 by amending section 3 as follow s:
„
Seci'dari/.
/
“ excent L
ne+
Pn£ e 3 . a fte r th e w o rd s " I"}v0. ( ’ lv. ' 7 d) Vhc Choctaw
7
N a t io n t |n ot t0 cx ceed 1 ,2 0 0 ,0 0 0 acres o f tim b er ' ? u d i n i h e < hoc taw
I n t e r io r ” 1 a c o m Pa ct body to be d e sign ated by th e S e cretary o f the




The V IC E -P R E S ID E N T . The first amendment proposed b y ,
the Senator from Oklahoma [M r. O w e n ] w ill b e stated.




2780
The Secretary.
insert:

CONGRESSIONAL RECORD— SENATE.
On page 64, in line 20, it is proposed to

Provided, That allottees of the Cherokee, Choctaw, and Chickasaw
nations haring remnant allotments due them of not exceeding $50 in
value shall be paid twice the value thereof in lieu of such allotment
by check from the tribal funds of their respective tribes.

The Secretart.
the following:

Eebkuaey 20,

It is proposed to insert at the end of the bill

The Court of Claims is hereby authorized to allow, and. upon such
allowance, the Secretary of the Treasury is hereby directed to pay out
of the sum awarded to the Eastern Cherokees, under the judgment of the
Supreme Court of the United States, October term. 1905, to the several
members of the council of the Eastern Cherokees the sum of $5 per diem
each for the period they severally rendered service in going to and from
and attending tbe councils of the Eastern Cherokees, as shall be certified
to the Court of claims by the president and secretary of tbe council, and
otherwise established to the satisfaction of said court.

Mr. CURTIS. Is it limited to the tribal funds? Is the payment to be made out of the funds?
— Mr. OWEN. Yes, sir.
Mr. CURTIS. Instead of giving them land that is worth
.- The amendment was agreed to.
less than $50?
— Mr. OWEN. It is out of the tribal funds.
. / Mr. OWEN. I offer an amendment in regard to suits which
Mr. CURTIS. In lieu of land they have of a value of less/1 have been brought in eastern Oklahoma relative to land titles,
than $50? I have no objection to it.
t 1 should like to have the amendment read, and I desire to offer
The VICE -PR E SIP ENT. The question is on agreeing to the a brief explanation.
The VICE-PRESIDENT. The Senator from Oklahoma pro­
amendment proposed by the Senator from Oklahoma.
poses an amendment, which will be stated.
The amendment was agreed to.
The Secretary. At the end of page 64 it is proposed to insert:
The VICE-PRESIDENT. The next amendment proposed by
the Senator from Oklahoma [Mr. Owen ] will be stated.
Provided, The Attorney-General is hereby authorized and directed to
Tbe Secretary. On page 64, after line 26, it is proposed to immediately dismiss the suits brought by the United States to set aside
land titles in the eastern district of Oklahoma where the .consideration
insert:
was not inequitable and where there Is no actual fraud involved.
The Secretary of the Interior is directed, after July 1. 1909. and
prior to December 1. 1909, to pay allottees out of the Creek funds the
Mr. KEAN. I shall have to make the point of order against
amounts severally due for the equalization of their allotments : Pro­
the amendment.
vided, That in making such payment for the equalization of the Creek
allotments $800 shall be taken as the standard value of an allotment.’ — Mr. OWEN. I ask tbe Senator to withhold the point of order

until I can have an opportunity to explain the purpose of this
Mr. CURTIS. I dislike very much to make the point of
item.
order against the amendment, for I really think it ought to be
Mr. K EAN. Certainly.
enacted into law. But I think it should be taken up by the /'M r . OWEN. Mr. President, last year in the Indian appro*
committee in a proper way; and so I make the point of order f priation act we provided the sum of $50,000 to be used in pro*
1
against it.
/ tecting the Indians of the Five Tribes against fraudulent trans"The VICE-PRESIDENT. What is the point of order?
/ actions. The purpose of that was manifest on its face— that
Mr. CURTIS. That it is general legislation.
jJ these suits were to be brought at the request of the allottees.
The VICE-PRESIDENT. The Chair is of the opinion that J The language of the bill was “ at the request of the allottee,"
proposes general legislation, and therefore sustains the poin
J and it was presumed that the money would be used in protecting
of order. The next amendment proposed by the Senator fror
i the Indians there against actual fraud, or where some pal*

a «* _
t

P.4

tne ionowmg.

1 under a general plan, bringing a cloud upon the title of every
piece of land where there was any transaction whatever prior
to the time when the restrictions were removed. It made no
The amendment was agreed to.
matter whethpr the parties were perfectly satisfied, whether
The VICE-PRESIDENT. The next amendment proposed by. the consideration was equitable and fair, whether they were
tbe Senator from Oklahoma [Mr. O wen ] will be stated.
1 now content with it ; but it was brought for the purpose of re*
The S e c r e ta r y . After the amendment just agreed to it is quiring those who had been charged with fraud to prove their
proposed to insert:
innocence. It was a general plan which embraced everyone
The town-lot payments in default shall not work forfeiture if who might be in anywise interested.
payment with 10 per cent interest from date of such default is made j
The effect of it has been to make titles in eastern Oklahom a
before July 1, 1909. All right to acquire land for allotment by Chocregarded with extreme doubt all over the country. It has
taw and Chickasaw freedmen shall cease December 1, 1909.
stopped immigration to our country and has lowered the value
Mi*. CURTIS. I think the junior Senator from Oklahoma vf land, and siuce the original purpose was merely to protect
should explain the necessity of those -two amendments.
against fraud, and since this bill provides $100,000* to be used
dr. KEAN. Or let them go out on points of order.
s . ; V the representatives of the Secretary of the Interior, known
Mr. OWEN. The necessity for the amendment is th is: Tln\ ak “ district representatives,” who are charged with the duty o*
n
r Secretary of the Interior has laid out a very large number of afcvlsing the uninformed members of the late Five Tribes, R
Sec
towns in Oklahoma in the lands which formerly comprised the (jbes seem to me tbe State ought to have its peace against suits
land of the Five Civilized Tribes. The town lots go into tbe Brought where there is no fraud, and where the consideration
thousands, and in many of those cases transfers have been fvas not inequitable. I should like to have the amendment read
made, and parties to whom transfers have been made were not knee more.
notified of these pending balances. The law provided for­ Vjl'he VICE-PRESIDENT. The Secretary will again read the
feiture if they were not paid. In some cases notices were sent amendment.
to the houses, and they were not delivered. I have a report!
The Secretary again read the amendment.
from the department in regard to it and it can be read if the* Mr. CLAPP. Will the Senator from Oklahoma pardon me:
Senate desires. I think there should be no objection on thjf\ The VICE-PRESIDENT. Does the Senator from Oklahoma
part of anyone to the amendment.
• j yield to the Senator from Minnesota?
Mr. CURTIS. Mr. President
Mr. OWEN. Certainly.
The VICE-PRESIDENT. Does the Senator from Oklahoma | Mr. CLAPP. Undoubtedly a condition prevails down there
yield to the Senator from Kansas?
where suits have been brought perhaps with less care to ascer­
— Mr. OWEN. Certainly.
tain the facts than ought to have been exercised.
Air. CURTIS. Does the department ask for this legislation?
For one I would join in legislation which would enable a de­
^ Mr. OWEN. I understand the department wishes it.
I fendant to bring tip an issue somewhat similar to the right
have here the report from the department. A similar pro­ ordinarily given to the plaintiff to strike out au auswer on the
vision is also in the bill which was reported— tbe Five Tribes ground that it was a sham and frivolous, but I can not see anf
bill— which the Senator will probably remember.
force or effect in this amendment to direct the A tto r n e y -(General
The VICE-PRESIDENT. The question is on agreeing to tbe to dismiss a case when it is brought without due cause, because
amendment proposed by the Senator from Oklahoma.
it is simply to commit to the Attorney-General the determina­
The amendment was agreed to.
tion of the question whether there was due cause or suffict®
— Mr. OWEN, I have another amendment, providing for the ground.
payment of the Eastern Cherokee council. Congress two years
Air. OWEN. I shall be quite content to do that. Air. Pres*' J
ago appropriated approximately $4,000 out of their funds to pay dent.
them for their attendance at the Eastern Cherokee council, and
Mr. CLAPP. I do not think we ought to pass that kind
going to and from. They have not been paid because of a legislation. Will the Senator prepare such an amendment:
technicality, and this is intended to confirm what Congress recognize the difficulty of getting legislation. The Senate him
previously intended to do. I should like to have it read.
been very patient with the committee. It has been embarrassmS
The A ICE-PRESIDENT. The Secretary will read the amend­ to me as chairman of the committee to sit here without object
ment.
lng on a point of order to so much legislation, but I recogn*^
The tribal councils when meeting shall receive compensation only foi
the length of time authorized by the Secretary of the Interior.

1909

CONGRESSIONAL RECORD— SENATE.

2781

the condition which surrounds us. I am willing to join with the when they were ready to remove to the Territory, the Commis­
Senate in their leniency upon the matter of allowing legislation sion to the Five Civilized Tribes struck their names off the
Cherokee roll because of their failure to remove to the Indian
on the bill.
I f the Senator will prepare an amendment which will enable Territory within a certain specified limit of time, which failure
any defendant immediately to bring to the court the issue and the parties herein claim arose from circumstances beyond their
the court then be required to pass upon the question, I would control, resulting from the illness and subsequent death of their
gladly join the Senator in that kind o f legislation. It would be father.
somewhat similar to the right which a plaintiff always has to
I will state that the matter has been before the Committee on
attack a defense as a sham or as frivolous. But I must object Indian Affairs, and has been considered carefully by a subcom­
to directing the Attorney-General to dismiss a suit when it is mittee, and while it has not been formally acted upon by the
in the end left entirely in his discretion. W e would simply full committee, the members of it with whom I have had the
throw out, it seems to me, beyond the real purview of legisla­ opportunity to confer have approved of it.
tion, a challenge to the Attorney-General, and it would accom­
Mr. K E A N . I am content, Mr. President.
Tile V IC E -P R E SID E N T . Answering the inquiry o f the jun­
plish nothing. I f it would accomplish anything------/ Mr. O W E N . W ith the consent of the Senate I will with- j ior Senator from Georgia, who asked whether the name of Rob­
draw the amendment and offer it^in the form suggested by th ey ert E. Lee Howell appears in the amendment, the Chair informs
him that it does.
chairman of the committee.
The V IC E -P R E SID E N T . The Senator from Oklahoma with­
The amendment was agreed to.
draws his proposed amendment.
Mr. M cCUM BER. Mr. President, is it in order to take up
Mr. C U R TIS. When will it bo in order to take up the point the point o f order raised by the Senator from Kansas [M r.
of order made on the amendment on page 68?
C tjrtis ] on the amendment upon page 68?
Mr. CLAPP. I f the Senator from K a n s a s will pardon a j
The V IC E -P R E SID E N T . It is in order.
suggestion, the Senator from Georgia [Mr. B acon ] has been j
Mr. M cCUM BER. I would be gratified if the Senator from
waiting to offer an amendment. The amendment to which the Kansas would restate his point of order, and also state what
Senator from Kansas refers will lead to debate.
particular subdivision of Rule X V I the provision is out of
Mr. C U R TIS. Very well.
harmony with.
Mr. BACON. I wish to offer an amendment. The point at i
Mr. C U R TIS. Mr. President, the amendment changes an ex­
which it is to be placed in the bill is indicated at the margin isting general law, and is therefore general legislation. Second,
at the top.
it is a claim.
The V IC E -P R E SID E N T . The Senator from Georgia pro- | I think perhaps it would be well to make a brief statement of
poses an amendment, which will be read.
the facts, because this is a very important question. I t has been
The S e c r e t a r y . On page 6, line 5, after the words in brack­ passed upon by Congress several times.
ets, it is proposed to in sert:
Mr. M cCUM BER. I wish the Senator to state the point, and
T h e Secretary o f the In terio r is hereby au th orized and directed to
then I expect to go over the case anyway.
Place on the roll o f th e Cherokee N a tio n the nam es o f the follo w in g
Mr. CU R TIS. I state that the amendment is general legis­
P e r so n s: E m ily C. I lo w e ll, m o t h e r ; E m ily C. H ow ell, jr ., d a u g h t e r ;
lation, and also it is a claim. I do not know under what clause
E lien E. H o w ell, d a u g h t e r ; R obert E . Lee H o w e ll, s o n ; T h o m a s C.
H ow ell, s o n ; F ra n k R . H o w ell, s o n ; E v a n C. H o w e ll, s o n ; Jam es C. ] of the rule it comes.
H ow ell, s o n ; S tep hen E . H ow ell, s o n ; L e ttle P . H o w e ll, d a u g h t e r ; |
The VIC E -P R E SID E N T. W ill the Senator from Kansas
Eston E . H o w e ll, son ; W illia m T . H o w e ll, s o n ; J u lia 13. H o w ell, d a u gh ­
state to what amendment his point o f order is now addressed?
ter ; C h arles C. H o w e ll, s o n ; M a r y D . H o w e ll, d a u g h t e r ; a ll the above
being the ch ildren o f C atherine E . and E m ily C. H o w e ll, the first and
Mr. CU R TIS. The amendment on page 6S, beginning with
fiecond w iv e s o f A rch ib a ld H o w e ll, deceased.
line 24 and ending on line 2, page 70.
Mr. M cCUM BER. Rule X V I provides that—
Mr. C LAY. I did not catch the names clearly. Is the name i
° f R. E. L. Howell in the amendment? I did not hear that ;
No amendments shall he received to any general^ appropriation bill
the effect of which will be to increase an appropriation already con­
name read, and thought perhaps it w
ras left out.
in the bill, or to
of appropriation,
it he
Mr. K E A N . Is there a report accompanying those names, tained to carry out the add a new item some existing law,unlesstreaty
made
provisions o f
or
° t will the Senator from Georgia kindly tell us where he got simulation, etc.
the list o f names from?
I suppose that is enough of the provision of the rule to make
Mr. BACON. They are, as stated, the names of the children
die matter clear.
Archibald Howell, by his two wives, each of whom was a
Now, what I want to know of the Senator------descendant of a Cherokee Indian.
Mr. CU RTIS. The point I make is that it changes existing
Mr. K EA N . W hat evidence have we that they should go on
law and is not an appropriation to carry out existing law. It
the roll?
1mends the law of 1903. I f the Senator will allow me------Mr. BACON. I will state to the Senator.
Mr M cCUM BER. I will take up that proposition.
Mr. C LAY. Mr. President------Mr. CURTIS. I f I am going to make a statement, I do not
The V IC E -P R E SID E N T . Does the senior Senator from
losire to make it piecemeal, and after I have made my state­
Georgia yield to the junior Senator from Georgia?
Mr. BACON. I have the information here in print, if the ment then I would be very glad to yield to the Senator.
Mr. McCUMBER. I simply asked the Senator to give me a
Senator wants it. I yield to my colleague.
7 Mr. C LAY. I desire the attention of the Senator from New statement of the particular clause of the rule upon which his
just one minute. lie seemed to ask how many Howells objection is based. He has given that to me. Ih a t is emi­
there were. I want to tell him that I knew the father, and I nently satisfactory, and that is all the information I am call­
helped bury him, and I know every one of those children. Some ing for from the Senator at the present time. I can go on my­
J ^ h e m reside in my town and some o f them in Chattanooga, self and state why I think it does not come within the pro­
visions of the rule, aud I desire to do so.
Mr. C U R TIS. Mr. P r e s id e n t ------Mr. K E A N . I believe they were Cherokee Indians. Were
The V IC E -P R E SID E N T. Does the Senator from North Da­
‘ hey not?
kota yield to the Senator from Kansas?
Mr. CLAY. Yes, sir.
Mr. M cCUM BER. I will ask the Senator to wait until I
Mr. KEA N . How much Cherokee?
I do not know about that. The proof shows complete my statement.
'The V IC E-PR E SID EN T. The Senator from North Dakota
p. 77— BACON.,
1 will state the fact. They made formal appli- declines to yield.
Mr. u ^ o .n
to the Cherokee national council, at lalilequab, Ind. T..
Mr CU RTIS. Mr. President, I should like to know the paroitnflfinn. I made the point of order. I was rec­
October, 1887, to become citizens of the Cherokee >at!ou, and
Chle S 1 duJy admitted by the then committee on citizenship as ognized by the Chair.
c
‘r° kee Indians bv blood, pursuant to an act of the nationa
The VICE-PRESIDENT. That is correct.
c £ c 1
December 8, 1SSG, to all the rights and privileges of
Mr C U RTIS. Then, at the request of Senators, I yielded
*». r°kee citizens as enumerated under section
article ,
the floor and consented that the point of order might be passed
over
After various amendments had been considered, I was
w£ » V
o
^
t C" m
e t‘S a t o r fron, Georgta w h , again recog n ized by the Chair and had begun a statement.
Can I be taken off the floor?
o ('\ h ' 1!A C O N ° V ™ s ' s o i n g ou to state it fo r tile inform ation
The VICE-PRESIDENT. The Chair understood the Sena­
.lUe Senator.
tor from Kansas to yield to the Senator from North Dakota.
-Jr. K e a n . A ll right; that is what I want to know.
Mr. CURTIS. I yielded to him simply that ho might ask me
eQ W *?A C 0 N - They were severally given cerUficutes to that what'point of order I was making.
t» signed by the ollicers of the commission. Some time later,







2782

CONGRESSIONAL RECORD— SENATE.

Mr. McCUMBER. There was considerable intervening busi­
ness after the Senator had been recognized, and then afterwards
I was recognized upon the point of order.
Mr. CURTIS. I would just as soon make my statement
afterwards, if the Senator prefers.
The VICE-PRESIDENT. Both Senators will have an oppor­
tunity to be heard. The point of order, of course, is not de­
batable, except by consent. The Senator from Kansas will
have a chance to be heard.
Mr. McCUMBER. I asked consent that I might debate this
p a r tic u la r point of ord e r, and I had read the rule u p on which I
understood the objection was based. The exception to that
rule is as follows:
Unless it be to carry out the provisions of some existing law or
treaty stipulation, etc.

The only question, I suppose, here, Mr. President, is whether
this is carrying out a treaty stipulation. If it is carrying out a
treaty stipulation, I understand that all agree it is appropriate
legislation upon a bill of this character.
Now, I want to go into the facts very briefly and demonstrate
to the Senate and to the Chair that it absolutely is. a treaty
stipulation and that this is a provision carrying out that stipu­
lation.
In 18GG the United States entered into an agreement to in­
vestigate and determine the losses sustained by the loyal Creeks
and freedmen during the civil war and to further pay the
amount found due. This was a treaty. It was called a
“ treaty” at that time. We have since called the agreements
we have made with the Indian tribes “ agreements” and not
“ treaties.”
That was the first step; a treaty entered into between tbe
United States and these Cherokee people, which agreed that
we should ascertain the amount of their losses and agreed that
we should pay their losses. That was a stipulation in what
was then called a “ treaty ” and what we since call an “ agree­
ment.”
In accordance with tbe treaty stipulation of 1SGG there were
appointed General Ilazen and Captain Field as commissioners
to determine the amount of the claim. That was the second
step under the treaty.
The third step was that these commissioners ascertained the
claims, and they awarded under the stipulations of that agree­
ment, or, as it was then called, a “ treaty,” losses to the amount
of $1,836,430.41. Of this amount, $100,000 was paid by the Gov­
ernment.
I now come to the next step. Nothing further was done to
make payment of that agreement and that stipulation, but
March 1,1901, we entered into another and further agreement
with the Creek Indians.
You call the next agreement an agreement and not a treaty,
but it was exactly the same as the former and is as much a
treaty as the former was. I suppose the Chair will consider
all of those agreements as treaties, and that where we use the
word “ treaty”—-a treaty to pay money— the Chair will con­
sider that the use of the word “ agreement” will not change
the- spirit or the letter of that particular rule.
It was agreed then that the claim arising under the treaty
of 1806, which was the foundation of the Creek claims, should
be submitted to tbe Senate of the United States as arbitrators;
that the Senate of the United States should pass upon the sub­
ject, and that whatever the Senate of the United States found
due the Creek Nation should be paid to them by the Congress.
By whatever name you may call it, whether an agreement or a
treaty, that was both a treaty and an agreement entered into
between the United States and the Creek Nation.
They further determined that the Senate should make final
determination thereof, and that in the event any sum was
awarded provision should be immediately made for the pay­
ment. That meant that just as soon as the Seuate acted upon
that proposition an agreement should be made to pay it.
Now, I want to show that we did act as arbitrators upon
that proposition, and that we did immediately make provision
for its payment; but we paid only in part.
The next step, on account of the Senate not taking imme­
diate action, was on June 23, 1902. Then a memorial was
presented by the Creek Nation to the United States, in sub­
stance asking the Senate to take cognizance of their agreement
and to proceed to make the award.
Then the next step was that the Senate referred, on motion, that
petition, or memorial as it is called, to the Senate Committee
on Indian Affairs for their action and report.
Following this, the Senate Committee on Indian Affairs took
cognizance of the matter for the Senate of the United States,
and on February 16, 1903, within the time prescribed by tbe
treaty or agreement, and after a full hearing, the committee

F ebruary

2,
0

reported in favor of allowing them in full for their claims the
sum of $1,200,000.
When the Senate Committee on Indian Affairs acted upon
it— and I want to call the Chair’s attention particularly to
that— the committee called attention to the fact that it was
acting upon the provision of the old treaty asking the Senate to
act as a board of arbitration, and that the action of the Senate
upon it would be the act of arbitrators. They reported it, how­
ever, not as a separate bill; they reported it as an amend­
ment to the Indian appropriation bill; but though it was an
amendment it was explained at every feature that it was in
accordance with the award or the agreement to act as arbi­
trators and make an award.
Now, I want to call attention to the report of the Committee
on Indian Affairs. The report sets forth the following:
In pursuance o f provisions of section 26 of an act to ratify and confirm an agreement with the Muskogee or Creek tribe o f Indians
*
*
* approved March 1, 1904. there is hereby awarded as a final
determination thereof on the so-called “ loyal Creek claims ” named in
said section 23 the sum of $1,200,000.

So the Chair will see that the Senate committee reported it
back and asked the Senate to adopt their report as an award.
We did not even stop there. When the matter came up before
the Senate, to show that the action was understood by all to be
an award therefor and as binding as an obligation could be made
against the Government, and to make the matter absolutely cer­
tain, in addition to this report, which perhaps few of the Sen­
ators may have read, Senator Quarles then specially called the
attention of the Senate to the fact in the following words. This
is what was stated by Senator Quarles at that time:
It has occurred to me, sir, that the Senate ought to be advised as to
the nature o f this amendment, and that it ought not to be passed,
coming, as it does, solely from the committee, leaving the Senate en­
tirely in ignorance of the fact that in regard to this amendment it is
sitting as a court of arbitration and is not engaged in the ordinary
method o f legislation.
Now I rise to lay the facts before the Senate. This is a provision
which arises out of the agreement made with the Creek Nation in 1891,
whereby it is provided that the Senate shall, within two years, sit m
the capacity or a court o f arbitration and decide upon this claim, wbicn
arises from several treaties made by this Government with the Cree*
Nation.

When he declared that this claim arose out of several of these
treaties, he stated wiiat was absolutely correct:
The determination o f the Senate upon this proposition will amouDt to
an award, upon which an action will lie quite independent o f the fac*
of this provision in the other House of Congress.

So you will see, Mr, President, that there was no possible misunderstanding on the part of the Senate that their action cre­
ated under the provisions of the previous agreement as binding
an obligation uiw the Government as could possibly be created.
>n
The Senate thereupon awarded the sum of $1,200/>00 by
voting favorably upon the bill. The bill then went to conference.
The House disagreed to the Senate amendment, and tbe con­
ferees fixed the matter up in this way: They cut the amount i
two, aud then added a provision that the Creeks should «<*■*•*"
the sum of $600,000, in full payment of this award, and toe
should sign, in each instance where they received the money,
receipt in full of all claims against the Government of the I ni
States. The question arises, Are they estopped from coin in g,
fore Congress now and asking for the full paym ent of tn
award? Or, placing it in another position, By the act of i
arbitration of the Senate, Is tbe Government estopixnl from '
uying its legal obligation to pay the full amount that w*
awarded to the Creek Nation?
Mr. President, if this contract had been made between tw
private individuals upon an exact equality, and one 8liot
acknowledge a debt to the other and then compel him to « 8
a receipt in full for a half payment, without any other con
eration entering into the agreement, there is not a court tip
the face of the earth that would enforce it, and there is n
court but would say that this would bo no bar to a suit
the balance of the amount due, because there was n”
, tlj.
no consideration given excepting a less amount than was *
ally due for a binding obligation. If that Is a rule of
,.tjoai
should be applied between persons having the same P°
anil social liabilities and rights, by a f a r g r e a te r
should be applied when the relation is a fiduciary r»*ia "■ ^
between guardian and ward. The great Government
^
United States is the guardian of those Indians. That
jt
ment entered into an agreement with those Indian”
'
would take their claim and that the Senate would ad ■■ ‘
trator upon that claim. The Senate has acted as nrnm
upon that claim. The Senate-, as a board of armin d
awarded them the sum of $1,200,000, and then, as an inou of
ent proposition. Congress came in and said: ” Von,
the G o v e r n m e n t of the United States, shall accept s

1909.

CONGRESSIONAL RECORD— SENATE.

you can set no more, and before we will pay you, the ward,
even the $600,000 you must sign a receipt in full.”
Such a transaction as that, Mr. President, would be a dis­
grace to the Government of the United States; it would he
criminal as between a trustee and a cestui que trust, and it
would be even more so, in my opinion, if a criminal statute
could be enforced against the Government.
That is the condition we are met with to-day. I insist that
there can be nothing more clear than that this is a payment to
be made in pursuance o f a treaty obligation. The only differ­
ence between a treaty directly stating that the payment shall
be made and this case is that the treaty or agreement pro­
vided that the Senate should act as an arbitrator and then,
after they had arbitrated, that the amount so found due should
be irnid.
I know it has been urged, as I have understood, before the
Senate Committee on Indian Affairs that the subsequent action
o f the Senate, in conjunction with that of the other House,
which constitute the Congress, in cutting this down to $600,000
was in effect a change of their attitude and a change of their
award in the first instance; but, Mr. President, the legal obli­
gation ensued the moment the vote was announced upon that
proposition. After that legal obligation was incurred nothing
that could be done either by the Senate alone or by the other
House, or by both combined, could change the legal and moral
effect of the award made by the Senate. I f I understand cor­
rectly, the action o f the Senate being an award, and the award
being made in pursuance of a treaty obligation, therefore this
amendment would come clearly within that rule.
Mr. B R A N D E G E E . Mr. President------The V IC E -P R E S ID E N T . Does the Senator from North D a­
kota yield to the Senator from Connecticut?

Mr. McCUMBER.

W ith pleasure.

Mr. B R A N D E G E E . When the Senate had ascertained the
amount due, according to tlie terms of the treaty, was it not, in
the opinion of the Senator from North Dakota, just as though
in law that amount had originally been inserted in the treaty?
Mr. M cCUM BER. There is no question about it at all.
I think that Is all I have to say in reference to the proposi­
tion at this time.
Mr. LO DG E. .Air. President, I merely desire very briefly to
c*T the attention of the Chair to a point of order in regard to
li
this amendment, which I do not think has been raised. This is
a Provision for a private claim, which can only be received to a
general appropriation bill when it carries out the provisions of
;m existing law or a treaty stipulation, which shall be cited on
the face of the amendment. There is no treaty stipulation
c*ted on the face o f this amendment.
Mr. M cC U M B ER . I want to call the Senator’s attention to
the fact that the amendment, as it is now before the Senate,
hoes so provide.
Mr. LO D G E. Not unless it has been changed.
Mr. M cCU M BER. It has been changed. I asked that that
Jhouid be inserted in this provision, so that it would show upon
><s fac^ for jf
the intention of the committee to have it so
Show.
The V IC E -P R E SID E N T . In the amendment, in line 2. on
P®ge Op, after the word “ Indians,” there have been inserted the
'v"rd s “ pursuaut to the stipulations of the agreement of March
1,1901.”
Mr. LODGE. Tlie rule requires It to be set forth ; but the
^Tulation in that treaty does not provide for the payment of
™ ° .0 0 0 or $1,200,000—
-Mr. G A L L IN Q E B . Or any other amount.
,, » r . LO D G E. Or any other amount. It provides for the
J^eision Of that claim by the award of the Senate. This promion is not t0 carry out n treaty stipulation. I make the
, t of order that tiie amendment does not come withm the
n Mr. M cCU M BER. I can not see how the Senator can say
..nt this amendment is not to carry out a treaty stipulation,
n ' ? P * stipulation of the treaty is that the award shall be
‘Hie by the Senate. The Senate made the award, and this is
5 Pay that award. I f that is not carrying out the stipulations
g ^ e a t y , then I can not clearly understand tlie English lan
wiHl> L 0 1 >GE. Mr. President, that the amendment comes
p . !‘ m Gie inhibition of the rule is clear from the
X ® P a t e n t of the attorney. I think the Senator is right as to
uiTv^°rtty* bllt there is no stipulation in the tre a ^ fO T
m?L
Uey- The stipulation iu the treaty is for the Senate to
' v the award.
f>
.
..
lati f* M cCUM BER. I beg the Senator’s pardon. The stipui,Jt Is to pay such money as should be awarded.
"• LODGE. Unquestionably.




2783

Mr. T E L L E R . Air. President------The V IC E -P R E SID E N T . Does the Senator from Massachu­
setts yield to the Senator from Colorado?
Air. LODGE. I should like to fiuish the sentence.
Air. T E L L E R . Very well.
Air. LODGE. I was merely going to say, without looking at
the law, that the first provision in article 12 of the treaty of
1S32 reads:
Shall he submitted to the Senate of the United States for determina­
tion : and within two years from the ratification of this agreement the
Senate shall make final determination thereof.

In 1903 the law appears, and it sa ys:
There is hereby awarded as a final determination thereof—

Using the precise language o f the treaty. Then it goes on, as
the Senator from North Dakota [Mr. M cCumbek ] has cited,
that it should be a full release of the Government.
Mr. M cCU M BER. Let me interrupt tlie Senator from Alassachusetts merely to say that the provision concerning the re­
lease could not appear in the award. That was in the act that
was subsequently passed after the award by the Senate.
Air. LODGE. N o ; but it is stated in the statute that this
is ‘‘ a final determination th ereof” under section 26, which car­
ried out the provision of the treaty, and with the treaty stipu­
lations stated on its face.
Air. President, it seems to me impossible for us to go back
o f the statute and say what the Senate did. W hat the Senate
did was to assent to the statement that the $600,000 was their
“ final determination thereof.” That is what the Senate ulti­
mately did; but whatever intervening steps may have been
taken------Mr. M cCUM BER. Let me ask the Senator------Mr. LO D G E (continuing). The treaty stipulation was fu l­
filled by that act, for the treaty stipulation was merely that the
Senate should make an award.
The V IC E -P R E SID E N T . Does the Senator from Alassachnsetts yield to the Senator from North Dakota?
Mr. LODGE. I am through, Air. President.
Air. AIcCUMBER. I simply call the attention of the Sena­
tor from Massachusetts to the fact that the Senate's act as an
arbitration board was completed when it first passed upon that
j subject in the form in which it passed upon it. The subsequent
act of the Senate and of tlie House o f Representatives com­
bined, refers to the payment, and no matter what the declara­
tions were they could not change the act that the Senate had
already performed; and when the Senate had performed that
act it created a legal obligation against the Government.
Mr. LODGE. Air. President, if, under a treaty, we are bound
by an award of a board of arbitration, that award is paid, and
paid by the action of both Houses, unless we are willing to dis­
honor the Nation in not doing it, and that award is binding on
both Houses, but this award, made by the Senate on its pre­
liminary vote, was obviously not binding on both Houses, for
both Houses, including the Senate, subsequently said that
$600,000 was “ the final determination thereof,” using the exact
language of the treaty.
Mr. CLAPP. I should like to ask the Senator from Massa­
chusetts a question.
The V IC E -P R E SID E N T . Does the Senator from Massachu­
setts yield to the Senator from Alinnesota?
Mr. LODGE. I do.
Mr. CLAPP. After the Senate made the award and com­
pleted its work bv inserting that award in the bill, as it did,
how many times and how long after that was it in the power
of the Senate— I mean, acting fairly within the law that binds
others than governments— to modify that award which it had
once solemnly made?
_
,
Mr IO D G E
It could modify the award, it seems to me,
until it put it in the form of a statute, and it had no binding
f ' mp U L \P P dUIt could not, Mr. President.
C
The treaty did
not provide any such thing. The treaty provided that the Sen­
ate Should make an aw ard; and when that award was once
made the function of the Senate as an arbitrator ceased. It
. ‘ ].« not be continuously modifying an award which it had
made any more than an arbitrator who has made an award,
has closed his service, and performed bis function can go back

aUM r .^ O D G E .

I do not think the award could have been final

unW\. *n j '\ p p Uti t 1could have been made final by a mere reso­
lution of the Senate.
Mr. LODGE. Ah, but it never was put into a resolution by
the Senate; it was put into a statute.
Air. CLAPP. I beg the Senator’s pardon; it was pnt into a
b lMr. LODGE.

W ell, a bill.




CONGBESSIONAL RECORD—SENATE.
Mr. CLAPP (continuing). Reciting that it was the action of
the Senate making an award, and, within a fair interpretation
of the law, by which anybody but the Government would be
bound, it passed beyond the power of the Senate to modify that
award.
Mr. ALDRICH. Mr. President-----The VICE-PRESIDENT. Does the Senator from Minnesota
yield to the Senator from Rhode Island?
Mr. CLAPP. I do.
Mr. ALDRICH. Has the Senator from Minnesota the form
of bill that was passed by the Senate in this case? I should
like to see it. It seems to me it is quite important.
Mr. McCUMBER. W e have the form of the award that was
passed by the Senate.
Mr. ALDRICH. Well, whatever you may call it.
Mr. McCUMBER. It is not a bill; it is not a law; it is
simply an award.
Mr. ALDRICH. I should like to see it. I think the Senate
ought to see it.
Mr. CLAPP. This is the language------Mr. CTJRTIS. Mr. President-----The VICE-PRESIDENT. Does the Senator from Minnesota
yield to the Senator from Kansas?
‘ Mr. CLAPP. Certainly.
Mr. CURTIS. I think, in justice to myself, I should state
that the position taken by the House conferees was that there
was no legal award, and that this claim had never been prop­
erly submitted to the Committee on Indian Affairs so as to
give them jurisdiction. I should like to make that point clear.
Mr. ALDRICH. Mr. President-----The VICE-PRESIDENT. Does the Senator from Minnesota
yield to the Senator from Rhode Island?
Mr. CLAPP. Certainly.
Mr. ALDRICH. I should like to have the provision read, so
that the Senate may know what form this so-called “ award” took.
Mr. OWEN. With the permission of the Senator from Min­
nesota, I will read it.
VICE-PRESIDENT. The Senator from Oklahoma.
f
Mr. OWEN. The original treaty under which this amount
I is proposed to be paid was the treaty of 1866, article 4 of
which reads as follows:
Immediately after ratification of this treaty the United States agree
to ascertain the amount due the respective soldiers w ho enlisted in
the Federal Arm y, loyal refugee Indians and freedrnen, in proportion!
to their several losses, and to pay the am ount awarded each—

That was the language of the treaty. The amount was ascer­
tained immediately afterwards in the way proposed by the
treaty by a commission, consisting of Gen. W. B. Hazen and
Capt. F. A. Field, of the Regular Army, who were designated,
under the terms of the treaty, to make this ascertainment.
They found that out of $5,S0O,000, or some such amount of
claims, there was proven by positive, reliable proof $1,800,O X
C ).
They designated by name the individuals, allowed to each the
amount by an award, and reported it. The United States paid
$100,000 to these people, which was distributed pro rata, and
thereafter failed to pay.
When the Government desired the Creek Indians to allot
their lands, to give up their tribal government and become a
part of a new State, it was stipulated that the Senate of the
United States should determine what amount should be paid
them. The claim, although an award in the first case, under
the treaty of 1868, had become by neglect of long years weak­
ened in public esteem, but it was none the less an award under
the treaty of 3866, and ought to have been paid, in common
conscience, in pursuance of the pledge of the United States to
these people to pay them the amount ascertained. The amount
was ascertained, as agreed by the treaty of 1866, and it ought
to have been paid to them. Then they patiently but humbly
waited upon the pleasure of the United States, the sovereign
power, and finally their petition, under the agreement of 1891,
came to the Senate upon a memorial of Isparhecher, their exprincipal chief, and himself a loyal Creek. That memorial, as
shown by the R e c o r d , was transmitted to the Indian Committee,
which, after consideration, reported back an item on the Indian]
appropriation bill, making in form an award of $1,200,000 top
these people. Before referring to the action of the Senate upoi
this item on the Indian appropriation bill I should like to cal
attention to the form of this item. It reads as follows:

!
I

In pursuance of the provisions of section 26 of an act to ratify an<
confirm .an agreement with the Muskogee (or Creek) tribe o f Indians
and for other purposes, approved March 1, 1901, there is herebj
awarded, as a final determination thereof—

I
!

Before the Senate passed upon that item, which was pre
sented to the Senate, Senator Quarles of Wisconsin rose in hi
place and said, speaking to the Senate:

\ t o ^ e an a h ™ r^ dtK.0 me> si r’ th*
at th,e Senate ought to be advised a
1
the nature of this amendment, and th at it ought not to be passed

F ebkuaby

2,
0

/o m in g , as it does, solely from the committee, leaving the Senate entirely
■in ignorance o f the fact that in regard to this amendment it is sitting
as a court of arbitration and is not engaged in the ordinary method of
legislation.
Now, I rise to lay the facts before the Senate.
This is a provision
which arises out o f the agreement made with the Creek Nation in
1891, whereby it is provided that the Senate shall,' within two years,
sit in the capacity of a court of arbitration and decide upon this claim,
which arises from several treaties made by this Government w ith the
Creek Nation.
The determination of the Senate upon this proposition will amount
to an award, upon which an action w ill lie quite independent of the
fact o f this provision in the other House o f Congress.

Mr. President, I do not think it judicious to enlarge upon the
‘.arguments already made. I call attention, however, to the fact
Ithat this payment is in pursuance of article 4 of the treaty of
|1866, which is not an agreement, but comes within the diguity
(of a treaty under the law of the United States. Therefore the
amendment is not subject to the point of order, because it is in
pursuance of a treaty.
I further call attention, before taking my seat, to the fact
that the Senate of the United States— not the House of Repre­
sentatives— was the board of arbitration; that the Senate was
not acting through a law, but was acting by expressing its will,
understanding that it was sitting as a board of arbitration. It
expressed that will, and put the sum of money due these jieople
nt $1,200,000; and they are forever barred from demanding
anything in excess of that.
I do not agree, and I can not be silent when such a sugges­
tion is made, that the Senate, sitting as a court of arbitration,
may at any subsequent time after tbe declaration of its judg­
ment modify that judgment and change it. If that be true,
then no decision of a court or of this body would have any
finality. There would be no repose in a judgment, but the
plaintiffs might nt any time come and attack the judgment of
the court, or of the Senate sitting as a court, and there would
be no peace. The rule of law is that there shall be repose, and
when a competent tribunal passes upon a question definitely
and precisely, understanding that it is sitting as a court of
arbitration, the decision is final.
LODGE. I agree with what the Senator says about the
finality of the judgment. My point, however, was that a pre­
liminary vote was not a final judgment. The final judgment is
the provision of the statute.
/'iftr. OWEN. I ask to have printed as a part of mv remarks
the report submitted by me from the Committee on Indian h i' fairs on February 11. 1909, on the bill (S. 3423) to pay tbe bal­
--- due tbe loyal Creek Indians
A
i ance----- ------- iiiviiuu.j V X vuv « n u on the award made them by
\he Senate on the 16th day of February, 1903.
"The VICE-PRESIDENT. In the absence of objection, per
mission is granted.
The report referred to is as follows
-A
r*1.

Mr. O w e s , from the Committee on Indian Affairs, submitted the fol­
lowing report, to accompany S. 3 4 2 3 :
o*Jv»\e Committee on Indian Affairs, to whom was referred the bill (S.
to pay the balance due the loval Creek Indians on the nwarfl
made them by the Senate on the 16th day o f February. 1903. report
tlie same back without amendment and recommend its passage.
,
By the treaty o f I 8 6 0 the United States agreed to lnvcsti ate and
determine the losses sustained by the loyal Creek Indians and freedrnen
during tbe civil war and to pay the amount or am ounts found due.
A rticle 4 of said treaty provides as f o llo w s :
Immediately after ratification o f this treaty the United St : .es agree
to ascertain the amount due the respective soldiers who enlisted in tne
rederal Army, loyal refugee Indians and freedrnen, In proportion
their several losses, and to pay the amount awarded each, in the fol­
lowing manner, to w i t : A census o f the Creeks shall be taken by the
agent o f the United States for said nation, under the directInn of tne
Secretary o f the Interior, and a roll o f the names o f all soldiers that
enlisted in the Federal Arm y, loyal refugee Indians and freedrnen. be
made by him. The superintendent o f Indian affairs for the southern
superintendency and the agent of the United States for the Creek Na­
tion shall proceed to investigate and determine from said roll th*
am ounts due the respective refugee Indians, and shall transm it to the
Commissioner o f Indian Affairs for his approval, and that o f tbe Secre;
tary of the Interior, their awards, together w ith the reasons therefor(1 4 Stat., 7 8 7 .)
In accordance with this treaty agreement, Gen. W . B. Hazen and
Capt. F. A. Field, o f the Regular Army, the latter having been detail**1
as union agent for the Five Civilized Tribes, were designated as com­
missioners to ascertain and determine the amount o f such leases. Jins
report was made with exhaustive care and will be found in detail in
Exhibit 1 hereto.
(S. Doc. No. 420. 5Tth Cong.. 1st sess.. p. 18.)
These awards amounted to $1 ,8 3 6 ,4 3 0 .4 1 .
Prior to this award tne
Government made advance payment o f $ 1 0 0 ,0 0 0 ( 1 6 Stats.. 3 4 1 ) . hi*:
no further payments were made, and on March 1, 1901, the United
States entered Into the following agreement with the Creek Indiana.
Section 26 of that agreement reads as fo llo w s:
All claim s of whatsoever nature, including the 1 loyal Creek cJajJ®',
under article 4 o f the treaty of 1866, and the * self-emigration claim,
under article 12 of the treaty o f 1832. which the tribe or any lodlvidu*1
thereof niay have against the United States, or any other claim arlsiWj
under the treaty o f i 8 6 0 , or any ciaim which the United States m ».
have against said tribe, shall be submitted to the Senate o f the I D*[\r
States for determ ination; and within two years from the ratified'1 '
1
o f this agreement the Senate shall make final determination there*11 •
and in the event that any sums are awarded the said tribe, or any cm
ze?,
■ ProTb*k>n shall be made for immediate payment o f sameO f these claims, the * loyal Creek claim ,1 for what they suffered oe
cause o f their loyalty to the United States Government during the cm *
war, long delayed, is so urgent in its character that tbe parties to tn

1909.

CONGRESSIONAL RECORD— SENATE.

^greejnont express the hope that it may receive consideration and be deftermined at the earliest practicable moment.” (31 Stat., 869.)
Thus, as will be observed, the Senate was authorized to investigate
f and pass upon said claims, “ or, in other words, to act as a board of
f arbitration.”
I
The Senate of the United States on June 23, 1902 (Exhibit 1. S.
t Doc. No. 420, 57th Cong., 1st sess.), referred to the Committee on Indian
f Affairs the memorial of Isparhecher, ex-chief Muskogee (Creek) Nation,
for himself as loyal Creek claimant, and as attorney in fact for others.
Testimony was taken, arguments heard (Exhibit 1), and on February
- 1C. 1903, the Indian Committee made the following report:
“ In compliance with the requirements of section 26 of an act entitled
‘An act to ratify and confirm an agreement with the Muskogee or Creek
tribe of Indians, and for other purposes,’ approved March 1, 1901 (31
Stat. L., 809), and in conformity with the prayer of the memorial of
Isparhecher, referred to this committee by the Senate, the Committee on
Indian Affairs herewith submits the following report and recommenda­
tion : ”
Then follows tlie statement of 1lie case, and attention is called to the
fact that the agreement of 1901 provides : “ That wdthin two years from
the ratification of said agreement the Senate shall make full determina­
tion of said claims.”
In 1902 Isparhochar, ex-chief of the Creek Nation, on behalf of him­
self and other loyal Creek claimants, had submitted his memorial to
the Senate, asking that it should proceed as soon as practicable, as pro­
vided by said act, to examine said claims and to award the amount
alleged to be due. 8
aid memorial was referred to the subcommittee.
The committee recommended to the Senate the payment of $1,200,000
by its report of February 16, 1903, aforesaid, to be passed on by the
Senate in an award. (S. Doc. 3088, 57th Cong., 2d sess.)
The committee submitted to the Senate an amendment to the Indian
appropriation bill, in connection with this report, on page 33, after line
22. as follows :
“ In pursuance to the provisions of section 26 of an act to ratifiy and
confirm on agreement with the Muskogee (or Crock) tribe of Indians,
and for other purposes, approved March 1, 1901, there is hereby awarded,
as a final determination thereof, on the so-called "loyal Creek claim s”
named in said section 25, the sum of $ 1,200,000 and the same is hereby
,
appropriated, out of any money in the Treasury not otherwise appro­
priated. and made immediately available, etc., and providing in the pro­
posed item for attorney’s fees.”
This item will he found on page 2252 of the C o n g r e s s io n a l R e c o r d ,
February 16, 1903. It was quite thoroughly discussed on the floor of
the Senate, and it was pointed out by a member of the Indian Commit­
tee [Mr. Quarels] that the action of the Senate would be an award of
the United States In the following language.
\
Speaking to the Senate, Mr. Quarles sa id :
\ +. * 11 bas occurred to me, sir, that the Senate ought to he advised as to
‘
\ the nature of this amendment, and that it ought not to Ire passed, comI Wg as it docs solely from the committee, leaving (he Senate entirely in
I ignorance of the fact that in regard to this amendment, it is sitting as a
I {‘ourt of arbitration, and is not engaged in the ordinary method of legis. *ation.
f
^ow * r*
se
before the Senate. This is a provision
' "[{“ch arises out of the agreement made with the Creek Nation in 1891,
whereby it is provided that the Senate shall, within two years, sit in the
**P«citv of a court of arbitration, and decide upon this claim, which
•ii'lses from several treaties made by this Government with the Creek
•Nation.
. “ The determination of the Senate upon this proposition will amount
i° an award, upon which an action will lie quite independent of the
Iact of this provision in the other House of Congress ” (p. 2253).
The Senate thereupon agreed to the item without objection (p. 2254).
Thereafter, when the matter went into conference it was cut down
‘b $600,000, and it was provided that the claimants should execute an
acquittance to the Government in full for their claims upon receipt of
ne $600,000, which, after deducting the attorneys’ fees, was distribu b?, a“ ong them.
*
T {.he loyal Creeks’ claim was again considered by the Committee on
Aoi n Affairs, and In Us report of January 30, 1907 (S. Kept. 56S9,
UJth Cong., 2d sess.), made the following report:
LOYAL CREEK CLAIMS.

r, “ In 1901 Congress enacted into the statute an agreement made by the
'awes Commission with the loval Creek Indians whereby their claim
"a8 to be ‘ submitted to the Senate of the United States for determina}!on,’ the Senate acting as a court of arbitration. The act provided
at whatever sum was awarded ‘ provision shall be made for immeatc payment of the same.’ (31 Stat. L., 809, sec. 2G.)
m In pursuance of the act the claim of the loyal Creeks was duly sub"‘tted to the Senate and sent to the Committee on Indian Affairs for
t^c*Ugatlon. The committee examined treaties and records, heard
tastimony from the claimants, both oral and by depositions, heard
se n sei, who submitted briefs, and finally reported its finding to the
folio
as lin ltem 0 the I,ullan appropriation bill, which read as
11
Ofinrln Pursuance of the provisions of section 26 of an act to ratify and
■vuurm an agreement witli the Muskogee or Creek tribe of Indians, and
a other purposes, approved March 1, 1901, there is hereby awarded, as
“ mial determination thereof, on the so-called “ loyal Creek claims,
um«! in Rnjf1 KOcUon e,; th€ Rum 0f .s 1,200,000 and the same is hereby
:
,
S ^ P H a te d , out
‘
----------------- - ---------------------Tr„„ • and mn<l
treasury |8 hereb

2785

and other services rendered by him. or those employed by him, and for
ail disbursements and other expenditures had by him in'behalf of said
claimants in pursuance of said contract. And further, said Secretary
is authorized and directed to pay to David M. Hodge, a Creek Indian,
of Tulsa, in the Creek Nation, a sum equal to 5 per cent o f the amount
herein appropriated, which payment shall he in full for all claims of
every kind made by said David M. Hodge, or by those claiming under
him, by reason of any engagement, agreement, or understanding had be­
tween him and said loyal Creek Indians,’ ” (Cong. Rec., vol. 36, pt. 3,
57th Cong,, 2d sess., p. 252.)
A discussion followed in which the attention of the Senate was spe­
cifically called to the fact that by the adoption of that item the Senate
announced its award under the law. In the language o f Senator
Quarles, who was a member of the Committee on Indian Affairs and
was opposed to the award :
“ The determination of the Senate upon this proposition will amount
to an award upon which an action will lie, quite independently o f the
fate of this provision in the other House of Congress.”
In a word, the Senate was fully apprised of the whole matter, and
then passed the item without any dissenting votes. (See pages 2252,
2253. and 2254 of the R ecord above cited.)
The House disagreed generally to the amendment made by the Senate
to the Indian bill, and the measure went to conference. When the
conferees made their final report the item carrying the award had been
modified by reducing the amount found by the Senate from $1,200,000
to §600,000, and provided that the Indians should accept the same as
full satisfaction of all claim and demand growing out of said loyal J
Creek claims, and that the payment should he a full release of tlie
Government. (32 Slat. U., 995.)
The money thus appropriated, being only one-half of the amount
awarded, was accordingly paid to the Indians. But in spite of the fact
that they accepted, under compulsion, that amount under the terms of
the act rather than lose all payment for their losses, yet they feel that
the amount awarded them under the conditions of a solemn agreement
between themselves and the Government has been only one-half paid,
and they are now entitled to the balance. They respectfully submit
the following reasons for tlieir present claim :
I. The losses they sustained were the direct result of their loyalty
to the Government.’ For this loyalty they were not only driven froiii
their homes, but many of them— men, women, and children— in their
flight from the Indian Territory to Kansas during tlie winter of
1861— lost their lives by attacks made upon them by other Indians
62
and by organized whites, and all of them suffered untold hardships.
More than 1,500 of tlie men entered the Union Army. The Commis­
sioner of Indian Affairs, in his report for the year 1865, says :
“ The Creeks were nearly divided in sentiment at the opening o f the
war, about 6,500 having gone with the rebellion, while the remainder,
under the lead of the brave old chief, Opothleyoholo, resisted all temp­
tations of the rebel agents and of leading men, like John Ross, among
the Indians, and fought their way out of the country northward, in
the winter, tracked by their bloody feet upon the frozen ground. They
lost everything— house, homes, stock, everything they possessed.
Many joined the United States Army,” (Commissioner's Report, 1865,
p. 39.)
II. The Government promised them (hat they should be reimbursed for
their losses. During the negotiations with the Five Civilized Tribes,
preceding the reconstruction "treaty of 1865, the commissioners, on the
part of the United States, assured the Indians, loyal and disloyal, that
“ those who have been loyal, although their nation may have gone over
to the enemy, will be liberally provided for and dealt with.” Again
the Indians "were assured that above all other considerations it was
the determination of tlie Government “ to recognize in a signal manner
the lovalty of those who had fought upon the side of the Government
and endured great sufferings on its behalf.”
(Commissioner’s report,
1' <
\nd^artidc 4 of the treaty of 1866 (14 Stat. L., 7S7) undertook to
ascertain their losses and see that the same were paid. This ascer­
tainment was subsequently made by two officers of the army— Gen.
A B Hazen and Capt. F. A. Field. The Indians filed claims with
Y
this commission amounting, in the aggregate, to §,>,090,808.50. The
two commissioners, in keeping with their military training, insisted on
having every item proven bv witnesses presented before them. The
impoverished Indians scattered over a territory twice as large as the
State of Massachusetts, without property— not even a pony left them—
•nd with many of their witnesses dead or left back in Kansas, could
onlv comply in part. But they did prove the loss, before this exact
and exacting court, of property found to be worth $1,836,830.41. This
amount was awarded bv General Ilazen and Captain Field and approved
bv the Commissioner of Indian Affairs, and a qualified approval affixed
by the Secretary of the Interior.
‘ i ll. The accuracy of the findings of Hazen and Field was never
challenged bv tlie Government. Using them as a basis, the sum of
8100,000 was paid to the claimants. The Indians refused to take any
portion of this latter amount until assured by General Williamson, the
government agent authorized to make the payments, that the balance
would be paid
Thus, when the matter came before the Senate as

found

a n d their claims had not been cut by the commissioners who

artb»,of tllc I n t - 1

ii

? »*>

I V A r h e w S m s 'o H h e loyal Seminoles were submitted to the arbitration
i f ,S p Senate by the same act that provided for the submission of tlie
TovVl Creek c l a W
The Senate reduced by 45 per cent the amount
which the commissioners had allowed for fosses, and then added inH t the rate o f 5 per cent for some thirtv-three years.
The
Eduction of the principal was based on the fact that the Indians bad
^t[',,0
°i'ortTon“o f“the *awards us'set outTn said lists, and shall
aHowed all they claimed. But the reduced principal and the in­
l,l0
PrV', bfT t aiffi latlsfactku“ § Slf claims underpaid articles 3 a W ” v e s t S ou ght the award to $186,000, while the original allowance
' 11iflr/l, h o w e.....r . ....h a t. ,if a n y of snid loyal Creek I n d ian s o r t r e e d m e n I
M e d I....... v e
T
s s s 03
T h e C h octaW and Cliickasaws were thus paid the full amount of

. k
ol isoutonvme. ArK., nil! «
Y %**
freedmen, a sum equal to 1 0 per cen t of the amo u"
w l ’eel
anq the a; ,l>n>vldod by written contracts between the «■ [d * • •
s
.
the claimants herein, the same to he payment in full for all legal
X U 11-




' 'A ntin'fu rther''reduced The-principal something more thao-^3
per cent (from $1,836,830.41 to $1,200,000), and refused to allow




2786

CONGRESSIONAL RECORD— SENATE.

February 20,

-------------------------------------------------------------------------------------------------------!

any interest. The claimants would have been glad to have accepted
this award and been allowed, after the thirty-six years of waiting,
to go in peace.
IV. A fourth reason why the balance of the award should now be
paid is the fact that the Indians submitted the whole matter to the
Senate, trusting with the simplicity of children in its honor and
justice. They were heard, the award was announced, and they re­
turned to their homes with the feeling of perfect security that at least
that much was safe and the $ 1 ,200,000 would be paid them and the
long controyersy ended.
They had no knowledge of what was transpiring in the conference
room. They were neither notified nor heard, yet provision was made
for paying only one-half of their judgment and conditioned that they
should receive this as payment in full. The award between private
parties would have been final and binding. (Wright v . Tebbitts, 1 |
Otto, 252.)
i
V. Congress in its legislative capacity could not legally alter the
award. The Senate, in pursuance of an agreement and a law, was the
sole arbitrator. It formally announced its award. It never again
opened the case. It never again sat as an arbitration board. Its sole
connection with the matter thereafter was as a branch of Congress in
its political capacity. Its function as a court was terminated. The
question of finding what was due these loyal Creeks, who, in the lan­
guage of the act providing for the arbitration, “ had suffered because of
their loyalty to the United States Government during the civil war,”
was fully closed.
VI. To coerce the Indians to sign receipts in full for a part of their
award, and refuse to pay the balance, would, if done by an individual,
be immoral. These untutored wards of the Nation, who have been
trained for generations to depend upon agents and other officers of the
Government in all business transactions, and to do whatever they are
told to do are presented with a sum of money and a receipt and told
to sign the latter in order to secure the payment. Will such a receipt
be held as a bar against the individual Indian? Is there not such a
sense of injustice growing from the facts of this case as will compel
the payment of the whole award? The Indians depend more upon
such considerations than upon legal rights, which might be asserted as
to the frailty of receipts in general as evidence of payment, and espe­
cially as to receipts procured by coercion or duress.
VII. There must be no misunderstanding as to who these claimants
are. They are simply and solely individual Indians. Their names, the
property lost, and the amount due each for his particular loss, are all
set out in the findings of Commissioners Ilazen and Field. The Creek
tribe has no jurisdiction over the matter. On these claims the United
States owed nothing to the tribe, and the latter never had any legal
retation to them. The relinquishment of the tribe in its capacity as an
organization can not have and should not have any effect on the]
pending claim.
Your committee recommends that the bill S. 3423 do pass, or tha
an item be placed upon the Indian appropriation bill to provide for th
Vnayment of the balance of this award.

n award by this body, we made an award; we called it an
award, and by all the rules of common law and justice it was
an award. In the first place, we said that it was an award.
This body said:
This Is a just debt which the Government ought to pay and that it
is under obligations to pay.

When the House of Representatives would not agree to ap­
propriate the amount the Senate had fixed, the Senate con­
sented— and it ought never to have done so— that that amount
should be cut down by one-half. Did anybody give any reason
why it should be cut down? Not at all. It was cut down sim­
ply because the House said they would not agree to the amount
determined upon by the Senate.
The VICE-PRESIDENT. May the Chair, for his informa­
tion, ask the Senator from Colorado a question? Was the
award reduced from $1,200,000 to $000,000 by the action of
Congress?
Mr. TELLER. Mr. President, the committee of conference,
in order to get an agreement, decided that instead of appro­
priating $1,200,000 we should appropriate $600,000.
Mr. LODGE. That was the action of both Houses.
Mr. TELLER. It was the action of both Houses. We agreed
to it, and it became a law. I do not mean to say that we could
not by law set aside that award. I know, Mr. President, if it
had been an award in favor of Great Britain we would not
bare dared to have set it aside. I know if such action had been
taken by individuals it would have been regarded as criminal.
Mr. BRAXDEGEE. Mr. President-----The 1 ICE-PRESIDENT. Does the Senator from Colorado
yield to the Senator from Connecticut?
Mr. TELLER. I yield.
Mr. BRANDEGEE. If the award had been set aside, it would
have been a breach of the treaty, would it not?
Mr. TELLER. Certainly; it would have been a breach of the
treaty and a breach of common decency, I may say. Through a
technicality you may get rid o f it; you may say that we have
provided for the payment of $G00,000; but, Mr. President, justice
will not be done if w e repudiate the treaty.
I do not believe the point of order ought to be raised against
Mr. CLAPP. Mr. President, there was no agreement upon
the amendment; but, if it is, it will not be creditable to the Sen­
the part of these Indians that they would submit their claim to
ate to declare that we may escape the payment of a just debt by
the joint action of the Senate and the House of Representatives. a technicality.
Their agreement was that they would submit it to arbitration
Mr. ALDRICII. Mr. President------at the hands of the Senate. While Congress has the power to
The 1 ICE-PRESIDENT. Does the Senator from Colorado
ignore that, still the Senate ought not to repudiate its obliga­
yield to the Senator from Rhode Island?
tion.
Mr. TELLER. Certainly.
Mr. TELLER. Mr. President, this is not a new question; it
Mr. ALDRICII. The Senator I think will see the distinction
has been before the Senate and the country at various times.
between the question whether the claim is meritorious, equi­
Of course, it is a long time since this obligation arose; but it
table, and just, and the question whether it is proper upon au
was not the fault of the people who are interested in it that it
appropriation bill. It is a question of the interpretation of the
was not long ago settled.
rule and not with respect to the merits of the claim.
The Creek Nation was divided into two parts. Some were
Mr. TELLER. Very well. Some people at least have been
loyal and some were disloyal. After the war they made a claim,
trying for several years to have this injustice righted. There
which was settled, as the Senator from North Dakota [Mr. Mchas been complaint from those people. I was down fn that
Cttmbek] has said, by the treaty of 1866. I do not care whether
country a few years ago, and the presiding officer of that na­
you call it a treaty or whether you call it an agreement, the tion spoke to me about the injustice of it. I do not believe any
fact is that the Government entered into a solemn obligation to man who has ever looked at It will not say it is unjust, and I
dispose of this meritorious claim, a claim that ought to ap­
do say it would be rather remarkable if we should hold these
peal to every man in the Senate.
people strictly to the rule.
These people lost their property and rendered to this Gov­
As the Senator from North Dakota says, these were our
ernment a signal service. They rendered that service under wards. If these people had standing in court as an individual
most trying conditions. We talk about the patriotism of those would have under these circumstances, there is not a court on
who went into the Union Army. These men went into the the continent having jurisdiction which would not right that
Union Army in a community that was very' nearly equally di­ wrong—not one. A guardian can not hold a pistol at the head
vided between the two opposing forces. They were loyal to the of his ward-----Government. They suffered intensely in person, in property,
Mr. McCT .MBER. Mill the Senator yield to me for a mo­
and in feeling. In 1866 we determined that they should be com­ ment, as I wish to make a suggestion in answer to the question
pensated for what they had lost, and we fixed the tribunal to that was put by the Chair himself as to what effect the subse­
determine what they had lost. This has been a most scandal­ quent action of Congress would have.
ous proceeding. There has been, perhaps, more criticism of it
Mr. TELLER. Very well.
than of any other action of the Government during the last
Mr. McCUMBEIt. The point we are making here is that
the Senate, no matter in what form its action took effect, was
fifty years.
Proceeding according to our own stipulation, the claim was a court of arbitration; and when it acted as a court of arbitra­
submitted to the body that we selected. W e found— whether tion, any subsequent act as lawgivers would not change its
the finding can or can not be technically called an award— that previous award.
this amount was due to those people, and we said in the treaty
To make it clear, I want to put it in this light: Suppose the
when we found it was due we should pay it. Was it necessary arbitrators agreed upon had been the Secretary of War, the Sec­
to provide that we would pay the award after it was made? It retary of the Interior, and the Attorney-General, instead of the
became a solemn award, as Senator Quarles said, upon which Senate of the United States, and they had made an arbitration
an action would lie if it had been between two individuals.
and had decided that the payment shonld be $1,200,000; and
We have the power, we have the strength to say we will pay I then the Senate should pass a bill for $1,200,000, the House
the award or we will not pay it. As the chairman of the com- ; should cut it down to $000,000, and the Senate agree to that,
mittee has said, the Indians did not agree to leave It to the with any stipulation it saw fit. Would that in the slightest
Congress of the United States. They agreed to leave it to the j degree affect or set aside the previous award made by these
Senate. The Senate determined it. I f it was possible to make parties? And if it would not set aside an award made by l>ar-

1909

CONGRESSIONAL RECORD— SENATE

Mr. C U R T IS. No.
Mr. H E Y B U R N . W hy not?
Mr. C U R TIS. N o ; the tribal authority had not ceased.
Mr. H E Y B U R N . I f they became citizens of the United States
in 1901, would not that terminate the tribal existence?
Mr. C U R T IS. By act o f Congress the tribal existence was
continued, and there is a tribe there to-day.
Mr. H E Y B U R N . Does not the Senator think that the act of
Congress is open to question, in view of the decision of the
United Slates Supreme Court in the Nez Perce case?
Mr. C U R T IS. In view of the decision of the Supreme Court
in the Cherokee case, I do not, because there they held that the
Government and Congress had jurisdiction over the property
notwithstanding the act declaring the Indians to be citizens of
the United States.
Mr. H E Y B U R N . Over the property, but how about the citi­
zens?
>
Mr. O W E N . Mr. President------ The V IC E -P R E SID E N T . Does the Senator from Kansas
yield to the Senator from Oklahoma?
Mr. C U R T IS. Certainly, but further------Mr. H E Y B U R N . I will vield, too. I join in yielding.
Mr. O W E N . I wish to point out the fact that the “ Cherokee
case,” so called, which related to the right of the United States,
through the Secretary of the Interior, to lease Cherokee lands
for oil, was under the act of 1S9S, prior to the grant of citizen­
ship, and therefore the conclusion of the Senator from Kansas,
I think, is not very well taken.
Mr. C U R T IS. All, but the decision came up after the act
and after the Indians had been made citizens of the United
States by the net o f Congress, and after individuals had been
given tiie right to make oil and gas leases, and after the treaty
or agreement had provided that the certificate of allotment
should be the evidence o f their title. The decision was made
after th a t; and”notwithstanding the provisions of the treaty and
the act o f 1898, the Supreme Court held that Congress still had
jurisdiction over the property.
Mr. H E Y B U R N . Mr. President------The V IC E -P R E S ID E N T . Does the Senator from Kansas
yield further to the Senator from Idaho?
Mr. C U R T IS. Certainly.
Mr. H E Y B U R N . A later decision than the one referred to by
the Senator from Oklahoma deals directly with the question of
Die quality o f citizenship. The Supreme Court o f the United
States has said that there can be but one quality o f American
citizenship; that no citizen can have any rights that another
citizen has not. It applied that in the Nez Perce case, and
they hold there that these limitations or attempts to limit or
Qualify citizenship are fu tile; that they accomplish nothing.
I merely wauted to call attention to it because it seems to
hie that while the original act doubtless anticipated some one
capable of taking at the time, yet there has been a failure of
Parties by reason of the citizenship which had been conferred
hpon these Indians.
Mr. C U R T IS. W ell, Mr. President, at any rate the general
council o f the Creek Nation acted upon it, and the money was
Paid to the individual members, and they receipted in full.
I have nothing further to submit upon the point of order.
Mr. M cG UM BER. The Senator from Kansas has just stated
that if the Senate Committee on Indian Affairs had reported
this as an award, and the Senate itself had acted upon it as an
•ward, it would be binding as an award.
Mr. C U R T IS. May I correct the statement o f the Senator?
Providing the Committee on Indian Affairs had jurisdiction o f it
•nd had gotten possession of the papers in a proper way, which
I deny.
Mr. McCUMBER. In either event the whole question turns
upon tiie point whether the Senate acted as a court o f arbitrattoi‘ and whether it understood that it was acting as a court
of arbitration in fixing an award or whether it was acting in
conjunction with the other House in making a law for an
appropriation. I know of nothing that will be more important
!n determining that matter than the law itself. I will not call
if a law, but the award itself, the word that was used by the
Innate in its action. Here are the words. This is what the
Senate of the United States s a id :
con« pur«cm ce o f the provisions of section 26 of an ? < t?nS ?S S ’
fL
an agreement with the Muscogee or Creek tribe of Indians, and
°iher purposes, approved March 1, 1901—
Sliowing that it was considering that treaty and not the mere
thr
0l* an appropriation—
U® ,s hereby awarded—
bnf Vf tllat “ we hereby appropriate " a certain sum of money,
1
there is hereby aw ard ed” —
* ™ ^
*
1




f ^-2 0 0 ,0 0 o f and°the* s L

is hereby

2789

Now, there are two provisions. There is a provision awarding,
and there is a provision appropriating. They are clearly sep­
arable. The provision awarding is the provision that we say
fixes the right of the Creek Indians, and I can not understand
how anyone can claim under any provision that it is not an
award.
A s has been suggested time and again, the agreement was not
that the Creek Indians should submit to the Congress of the
United States the determination o f the question, but that tliey
should submit it to the Senate of the United States. They sub­
mitted it, and the Senate declared that it awarded $1,200,000,
and then they said they appropriated that sum.
The House then changed the sum of the appropriation, and
all that it could do would be to change the sum appropriated,
$1,200,000. The House had no jurisdiction to interfere in the
slightest degree with the award that was made by the Senate
o f the United States.
Let me put this proposition: A s suggested to me by the
Senator on my left [Mr. B eaistdegee], suppose Congress had
refused to appropriate anything, and nothing more had been
done with it, and then suppose the Indians had made applica­
tion before the Court o f Claims, for instance, giving jurisdic­
tion thereto, for $200,000,000. Could not the defense interpose
this award of the Senate o f the United States as a complete
bar to recovering more than $1,200,000? I do not believe there
is a lawyer here who for a single moment will doubt the prop­
osition that that would be a complete b ar; and if it would
be a complete bar on the part o f the United States, it would
be as complete a bar on the part o f the Government to claim
: that it is not an award.
Mr. President, I can not possibly see that it makes any
difference how this got before the Senate, but in my opening
remarks I showed step by step how it got before the Senate.
Every one o f those steps recited that previous step, and every
! one of them recited that it was for the purpose o f securing an
award. When finally we got it before the Senate it was de­
clared openly that it was to be an award, and not only by a
Member of the Senate, but the provision which we passed "de­
clared that it was an award to pay according to the terms of
a certain treaty.
Mr. A L D R IC H . Mr. President, there are a good many diffi­
culties about this question, both in reference to the equitable
side o f it and the legal side. W h ile it is true that the Senate,
as a part of the lawmaking power, passed the provision the
Senator has read, it did not pass it in the form of an award,
with notice to the parties interested that they had made an
award. The only notice which went to the parties interested
was the act of Congress, and it reads in this wise :
In pursuance of the provisions of section 26 of an act to ratify and
confirm an agreement with the Muskogee or Creek trihe of Indians, and
for other purposes, approved March 1, 1901, there is hereby awarded,
as a final determination thereof, on the so-called “ loyal Creek claims,"
named in said section 26, the sum of $600,000, and the same is hereby
appropriated out of any money in, the Treasury not otherwise appro­
priated, and made immediately available.
That was not only the action o f the Senate, but the action of
the House o f Representatives, and it was approved by the Presi: qent. It is the only official record in existence as to what the
; award was.
Mr. CLAPP. W ill the Senator pardon a question?
Mr. A L D R IC H . Certainly.
Mr. CLAPP. Does the Senator contend that under an agree­
ment to let the Senate make an award the other party is bound
by the declaration of the House at the other end of this building?
Mr. A L D R IC H . I say this is the only record that the award
was made. I f yon were asked to furnish a certificate of the
action o f the Senate, you could not furnish it. There is no legal
record in existence, so far as I know, that there has been an
award made except this.
It iq barely possible that this claim appeals to the equitable
*cnse o f Senators, and it does to mine. It looks to me as though
we "ought to pay these people. But whether we ought to pay
them on an appropriation bill, with a limited time for discus­
sion, I have some doubt.
There is another question involved. These claims arose fortytwo vears ago. W ho is going to get the money that is to be
i,-lid'under this appropriation if you pay this $600,000. Can
anybody tell what part o f it will be paid to attorneys and what
part to the original claimants or the survivors? I have seen
statements in the newspapers about great amounts to be paid to
attorneys in this award.
Mr. GALLINGER. Sixty thousand dollars are provided in the
amendment.
Mr. A L D R IC II. Sixty thousand dollars are to be paid on the
face "of the amendment, but how many of tl\e claims of these
fifteen hundred claimants or their representatives have been

2790

w




CONGRESSIONAL RECORD— SENATE.

February 20,

assigned to other people? These questions are perhaps not
The Chair is of the opinion that in determining the parlia­
before us in one sense, but they may be in another sense.
mentary question which is raised, it is impossible for him to
Mr. CLAPP. If the Senator will allow me to answer-----go back of the act of Congress of 1903 and consider any agree­
The VICE-PRESIDENT. Does the Senator from Rhode Island ments, awards, or settlements which may have been made prior
yield to the Senator from Minnesota?
thereto. The Congress has spoken upon the question, and it is
Mr. ALDRICH. Certainly.
not within the province of the Senate to set aside, nor Is it
Mr. CLAPP. My answer to the question as to who would within the province of the Chair to ignore, its deliberate, con­
get this money is that there is nothing in the treaty requiring clusive action. It is provided in the act as follows:
either the Creeks or their representatives to designate who
In pursuance of the provisions of section 2Q of an act to ratify and
may get it after it has been delayed by Congress for a term of confirm an agreement with the Muskogee or Creek tribe of Indians, and
years.
for other purposes, approved March l t 1901, there is hereby awarded, as
a final determination thereof on the so-called “ loyal Creek claims '*
Now, Mr. President-----named In said section 20, the sum of $000,000, and the same is hereby
Mr. ALDRICH, I am not quite through with my statement. appropriated out of any money in the Treasury not otherwise appro­
It may be that there is nothing in this provision in the form in priated and made immediately available.
which it is as to whom the money is to be paid, but I -was ask­
Congress, in order, apparently, to leave no doubt as to its pur­
ing as a matter of curiosity if any member of the committee pose and the effect of the act, provided:
knew to whom the money was to be paid. These claims arose
That said sum shall be accepted by said Indians in full payment and
forty-two years ago. Most of the original claimants must be satisfaction of all claim and demand growing out of said loyal Creek
dead. It does not, you may say, affect the equity of this case claims, and the payment thereof shall be a full release of the Govern­
or the legality of these claims; but if we are going to stretch ment from any such claim or claims.
the rules of the Senate and put this claim on the bill, the prece­
Unless this act has been very materially modified or repealed
dent may be very troublesome to us in the future. I think A
ve by a subsequent act it stands as the supreme law, and standing
ought to get all the information that is possible with reference as it does, it negatives the suggestion that the pending a mendto the claim before we pay it.
anent is to carry out an existing law or treaty stipulation.
Mr. OWEN. Mr. President, I want to call the attention of ' The Chair is also clearly of opinion that the amendment
the Senator from Rhode Island to the R ecord in regard to this <an not be entertained under the third paragraph of Rule XVI.
matter. On page 2252 cf the Congressional R ecord of Febru­
t proposes to change a general law. Therefore, it is in the
ary 16, 1903, there is set forth the report of the Committee on lature of general legislation, and is in contravention of the rule.
Indian Affairs relative to this matter, pointing out precisely the
In view of the foregoing considerations, the Chair sustains
action of the Senate. The report points out what the action of
he point of order made by the Senator from Kansas and the
the Senate was; that it was considering this matter, knowing
int of order interposed by the Senator from Massachusetts.
that it was acting as a board of arbitration, and that it did act
Mr, OWEN. Mr. President, I have now drawn the amend­
as a board of arbitration, and in manner and form accepted
ment objected to in such form as to meet the objection. I should
proposition as an award.
like to have it read.
The VICE-PRESIDENT. At what point does the Senator
The argument of the Senator from Rhode Island in effect is
that after the Senate has made an award, then the House of wish to have the amendment inserted?
Representatives can come into this Chamber through the con­ —•Mr. OWEN. At the bottom of page 64.
ferees and take the judge by the throat and compel him to
The VICE-PRESIDENT. The amendment will be read.
retract. Is that an element of justice that should be pursued
The Secretary. At the bottom of page 64, after line 26, insert
as~a precedent ? When the Senate acts as a board o f arbitration, the following proviso:
shall any power have the right to come in and say that the
Y P r o v i d e d , That the Attorney-General is hereby authorized to dismiss
Senate shall recede from its position under the penalty of not [the suits brought by the United States to set aside land titles In the
[eastern district of Oklahoma in cases where the consideration was not
passing the appropriation bill?
inequitable, and where there is no actual fraud Involved.
Mr. CURTIS. Mr. President-----The VICE-PRESIDENT. The question is on agreeing to the
The VICE-PRESIDENT. Does the Senator from Oklahoma
amendment.
yield to the Senator from Kansas?
The amendment was agreed to.
-M r. OWEN. Certainly.
Mr. GORE. I desire to submit an amendment to come in at
Mr. CURTIS. If the Senate considered this as a final award,
why did they put it on an Indian appropriation bill and send it the close of the admendment just adopted.
The VICE-PRESIDENT. The amendment will be stated.
back to the House?
—»
The Secretary. Following the amendment just agreed to, it
Mr. OWEN. Because it was the most convenient way in
I is proposed to Insert:
which to pay the award when made. The crux of the matter is
All suits pending or hereafter brought In the eastern district of the
that the Senate, acting as a board of arbitration, declared this
sum to be due, when they were charged with the knowledge of United States district court of Oklahoma to cancel conveyances of In­
dian allotments shall be given precedence over all other actions, civil
the fact that they were sitting as a board of arbitration and and criminal, excepting where the defendant is confined without ball
having made the award coincidentiy with it they provided pay­ and on petition for the writ of habeas corpus.
ment. They might have made the award and not provided pay­
The VICE-PRESIDENT. The question is on agreeing to the
ment, but the subsequent proceedings looking to the payment by amendment
the Senate, and then the Senate having been coerced by the
Mr. KEAN. I think it very well to adopt the amendment of
House of Representatives, it does net in anywise diminish the one Senator from Oklahoma, but I think this is going a little
force of the adjustment through this board of arbitration
N J t00 far 1 make a point of " d e r on the amendment that it
' Mr. CURTIS. They knew, did they not, Mr. President, when* is general legislation!
they put the provision in this bill that it would be subject to
The VICE-PRESIDENT. The Chair sustains the point of
amendment in the other House?
onler.
\fr, OWEN. That related only to the payment of the award,]
Mr. GORE. Mr. President, I request the Senator to withhold
/ not to the award itself.
the point of order for a moment, that I may make a statement
~ iqr CURTIS. And unless the Senate had agreed to it, it could with reference to the amendment.
not have become a law in that appropriation bill.
Mr. KEAN. The Chair has already ruled on it.
Mr. OWEN. I say that related to the payment of the award
The VICE-PRESIDENT. Does the Senator from New Jersey
and not to the award itself. The award is one thing, the p a } - rwithhold his point of order?
Mr. KEAN. I withhold it for a moment.
I ment of the award is another thing,
The VICE-PRESIDENT. The Senator from Oklahoma will
V The VICE-PRESIDENT. The Senator from Kansas makes
the point of order that the amendment is obnoxious to para­ proceed.
Mr. GORE. I would merely like to say that more than
graph 3 of Rule XVI, in that it proposes general legislation. The
Senator from Massachusetts interposes an additional point of 30,000 suits have been brought in the State of Oklahoma during
order to the effect that the item is not for the purpose of car­ the last eight months with respect to the transfer of Indian
rying out the provisions of some existing law or treaty stipu­ allotments, and it has operated as a stroke of paralysis to tlie
eastern section of our State. It, of course, casts a cloud on
lation.
The Chair has been greatly impressed by the strength of the every piece of land involved in the suits, and casts suspicion on
argument of the friends of the amendment as to the equitable every other transfer and ever)’ other title falling within this
character of the claim. But in deciding the point of order the description. If one case could be tried every day it would re­
Chair is, of course, precluded from considering either the equi­ quire ten years for the trial of these suits. If ten cases were
table nature of the claim or the supposed merit of the claim tried every day it would occupy one entire year in the trial or
these actions.
that is involved in the amendment.

CONGRESSIONAL RECORD— SENATE.

1909.

2791

The amendments were ordered to be engrossed and the bill
This statement ought to be sufficient to impress the Senate
with the importance o f this disposition o f the matter to the to be read a third time.
The bill w as read the third time and passed.
people of the State of Oklahoma. I submit that the suits were
brought indiscriminately, without investigation.
The records
MESSAGE FROM THE HOUSE,
were consulted where transfers had been made and suits were
instituted and investigations were made afterwards. Some of
A message from the House o f Representatives, by Mr. IV. J.
them have already been dismissed as being entirely without Browning, its Chief Clerk, announced that the House had dis­
foundation; but it requires too much time, if they are allowed agreed to the amendments o f the Senate to the bill (H . E.
to take the ordinary course o f litigation.
26203) making appropriations for the payment of invalid and
I am informed that suits o f this kind have been brought to other pensions of the United States for the fiscal year ending
cancel conveyances where the Secretary of the Interior had June 30, 1910, and for other purposes, asks a conference with
him self expressly and formally removed the restrictions from the Senate on the disagreeing votes o f the two Houses thereon,
the land involved. I cite one particular case where a piece of and had appointed Mr. K e if er , Mr. G ardner o f Michigan, and
laud was sold by an Indian to a white man. The deed was Air. B ovvers managers at the conference on the part of the
executed and delivered, and a mortgage was made for the pur­ House.
chase money. Suit has been brought to cancel the mortgage to
ENROLLED BILLS AND JOINT RESOLUTION SIGNED.
secure the payment o f the debt. So far no suit has been
The message also announced that the Speaker o f the House
brought to cancel the deed itself.
There is another story told illustrative o f this litigation. had signed the following enrolled bills and joint resolution, and
Land was allotted to a Cherokee woman who was unmarried. they were thereupon signed by the Vice-President:
li . It. 2635. An act for the relief of Herman Lehm ann;
Subsequently she married. She leased the land in her married
H . E . 3760. An act for the relief of the creditors o f the D e­
name, and suit has been brought against her for defrauding
herself out o f her own land. That illustrates the character of posit Savings Association of Mobile, A la .;
H . E . 13777. An act for the relief of the estate o f Samuel
the litigation.
Something ought to be done to facilitate, to expedite, ami to Beatty, deceased;
H . It. 154-12. An act to amend an act entitled “An act to estab­
force a settlement o f these suits. The amendment merely gives
them precedence over other cases, excepting criminal actions, lish a court of private land claims and to provide for the settle­
where the defendant is confined without bail, and in cases ment of private land claims in certain States and Territories,”
approved March 3, 1891, and the acts amendatory thereto,
brought on petition for a writ o f habeas corpus.
Mr. K E A N . ‘‘ Mr. President, I insist upon my point o f order. approved February 21, 1893, and June 27, 1898;
W e have already given the Attorney-General power to dismiss
H . E. 17276. An act for the relief of S. E . H u rle y ;
a certain class o f cases, and I think that is sufficient.
II. E. 17960. An act for the relief o f Marcellus B u tler;
The V IC E -P R E S ID E N T . The Chair sustains the point of
H . E . 18600. An act for the relief of John M . H i l l ;
H . R. 22340. An act relating to injured employees on the Isth­
order.
Mr. CLAPP. I move to reconsider the vote by which the mian Canal;
Senate adopted the amendment on page 54, inserting the matter
H . k . 23707. An act to incorporate the Imperial Palace,
from line 7 to line 22.
Dramatic Order Knights of K horassan;
The motion to reconsider was agreed to.
H. R. 24833. An act to declare and enforce the forfeiture pro­
Mr. CLAPP. I ask timt the amendment be rejected.
vided by section 4 o f the act o f Congress approved March 3,
The amendment was rejected.
1875, entitled “An act granting to railroads the right of way
/ ^''~Mr. O W E N . I offer an amendment in behalf o f the Chickaj through the public lands of the United States; ”
f saw chief, Douglas II. Johnson, asking a larger compensation
II. it. 25155, An act , to amend an act approved July 1, 1902,
V for his services.
entitled “An act temporarily to provide for the administration
The V IC E -P R E S ID E N T . The amendment will be stated.
o f the affairs of civil government in the Philippine Islands, and
The S ecretary . It is proposed to add to the bill the follow­ for other purposes; ”
^
. .
II It. 26466. An act to amend an act authorizing the construc­
in g:
That the Secretary of the Interior is hereby authorized and di­ tion" of a bridge across the Mississippi River at Burlington,
rected to pay out of the Chickasaw fund to D. H. Johnson, governor
of the Chickasaw Nation, compensation for his services as such gov­
ernor, at the rate of $3,000 per annum, from March 4, 1900, so Jong ^ IL It. 264S2. An act to authorize the construction o f two
bridges across Rock River, State o f Illinois,
as he shall legally serve as such governor.
II It °6 8 °9 An act to amend an act entitled An act to au­
The V IC E -P R E S ID E N T . The question is on agreeing to the
thorize the "Fayette Bridge Company to construct s bridge over
amendment.
the Monougahela River, Pennsylvania, from a point in the bor­
The amendment was agreed to.
Mr. L A F O L L E T T E . Mr. President, I had called the atten­ ough o f Brownsville, Fayette County, to a point in the borough
tion of the chairman o f the committee to the amendment on o f W est Brownsville, Washington County, approved April ~3,
Page 88, from line 1 to line 13, Inclusive, and understood that j
he was to withdraw it. Upon information which has come to ^ II R 27S64. An act granting a right o f way over a strip of
rue very recently with respect to the matter embodied in the land along the eastern boundary o f the Fort McPherson Mili­
amendment I am compelled to make the ixfint o f order against tary Reservation to the commissioners of Fulton Lounty, Ga.,
,
it on the ground that it is general legislation upon an appro­ for road purposes; and
II J Res °41. Joint resolution to authorize the Secretary of
priation bill.
. . . ._ , _
I should like to say the reason I do that is that I am in­ W a r to furnish one condemned bronze cannon and cannon bails
formed by representatives of the Oneida Indians, who ha\e
just arrived in the city, learning that this legislation w as likely
to be proposed, that there was an entire misunderstanding upon
their part in agreeing to the distribution o f this money upon
the basis provided for in the amendment.
Mr. CLAPP. The Senator is correct. I had intended to
Withdraw the amendment.
. . .
...
The V IC E -P R E S ID E N T . In the absence o f objection, the
amendment will be regarded as open. The question recurs on
the amendment reported by the committee, which will be stated.
. The S ecretaby . A t the top of page 8S it is proposed to
insert:
bnT? enable the Commissioner of Indian Affairs to pay
o f Indians o f the Oneida Reservation, WIb.. thair naroporxi<onaw

to the city of Robinson, 111.
BOSTON AND MAINE RAILROAD.
Mr IO D G E
I ask unanimous consent for the present conJ E i t i o n o f the bill (S. 7752) for (be relief o f tbc Boston and
objection,

and passed.
1

ir -

s r h»
January° 4. i1909, said agree

Jl Pursuance with the act of Congress »PProyed a i
h at L , i> 70), $20,000, to be immediately available.
.

1908

(35

The amendment was rejected.
om«ww*i and the
th e hill was reported to the Senate as a■
’
cou_
amendments made as in Committee of the Whole were
curred In.




o f the

Whole, ^ ™ N llT m lV a !?r o a d r .$2,840.83, for railway m ail service
S r le lw e e n ”
org* Mass ami South Ashbum ham ,
from July 1, 1897, to June 7, 1908.
X
bill was reported to the Senate without amendment, or­
dered to be engrossed for a third reading, read the third time,

Mr

s s, rPuebla \'"i
£ T bund
In

y j

CULLOM .

ex ecu tive s e s s io n .

I move that the Senate proceed to the con­

! sideration of executive business.
The motion was agreed to, and

the Senate proceeded to the
consideration of executive business. After seven minutes spent
in executive session the doors were reopened, and (at • o clock
and 15 minutes p. m .) the Senate adjourned until Monday, Feb­
ruary 22, 1909, at 12 o’clock meridian.




2 m

Executive nominations

F ebruary 20,

CONGRESSIONAL RECORD— SENATE.
NOMINATIONS.
the Senate February 20, 1909.

r e c e iv e d })])

C o n s u l -G e n er al .

Edward L. Adams, of New York, now consul-general of class
6 at Stockholm, to be consul of the United States of class 5
at Dublin, Ireland, vice Alfred K. Moe, nominated to be consul
of class 5 at Bordeaux.
P ostmasters .
CONNECTICUT.
William A. Smith to be postmaster at Hazardville, Conn.
Office became presidential January 1,1909.
FLORIDA.

John B. Leffingwell to be postmaster at Bradentown, Fla., in
place of John B. Leffingwell. Incumbent’s commission expired
February 1, 1909.
,
,
James A. Zipperer to be postmaster at Madison, Fla., in place
of Alexander Zipperer. Incumbent’s commission expired Janu­
ary 27, 1909.
INDIANA.

William L. Walters to be postmaster at Fort Branch, Ind.
Office became presidential January 1,1909.

Alexander B. Coutts to be postmaster at Hudson, S. Dak,
Office became presidential January 1, 1909.
Orator H. La Craft to be postmaster at Clark, S. Dak., in
place of Orator H. La Craft. Incumbent's commission expired
December 19, 1907.
TEXAS.
Emily I. Ellis to be postmaster at Toyah, Tex. Office be­
came presidential October 1, 1908.
T. W . Fields to be postmaster at Greenville, Tex., in place of
Joseph M. Gurley. Incumbent’s commission expired February
13, 1907.
William B. Kirby to be postmaster at Wellington, Tex, O f­
fice became presidential January 1, 1909.
John C. McBride to be postmaster at Woodville, Tex., in place
of John C. McBride. Incumbent’s commission expired February
4 1909.
’ H. W . Mull is to be postmaster at McLean, Tex. Office became
presidential January 1, 1909.
Lafayette Sharp to be postmaster at San Augustine, Tex., in
place of Lafayette Sharp. Incumbent’s commission expired
February 4, 1909.
Jasper C. Williamson to be postmaster at Kirbyville, Tex., in
place of Moses J. Lee, resigned.

IOWA.

VERMONT.

William C. Snyder to be postmaster at Lake City, Iowa, in
place of William C. Snyder. Incumbent’s commission expired
January 14, 1909.

Alma H. Ayer to be postmaster at Richford, V t f in place of
Harlow C. Ayer, deceased.

KANSAS.

VIRGINIA.

Edwin J. Bookwalter to be postmaster at Halstead, Kans., in
place of Edwin J. Bookwalter. Incumbent's commission ex­
pired December 13, 1908.

Warner J. Kenderine to be postmaster at Radford, Va., in
place of Warner J. Kenderine. Incumbent’s commission expires
February 23, 1909.
Joseph E. Rangeley to be postmaster at Stuart, Ya. Office be­
came presidential January 1, 1909.
Richard B. Wilson to be jwstmaster at Crewe, Ya., in place
of Stanley E. Moore. Incumbent’s commission expires March 1,
1909.

MICHIGAN.

William C. Mertz to be postmaster at St. Charles, Mich., in
place of William C. Mertz. Incumbent’s commission expired
December 12, 1908.
MINNESOTA.

Stephen E. Fay to be postmaster at Raymond, Minn. Office
became presidential January 1,1909.
Charles M. Nelson to be postmaster at Elbow Lake, Minn.,
in place of Charles M. Nelson. Incumbent's commission ex­
pires February 23, 1909.
NEBRASKA.

WISCONSIN.

William W. Clarke to be postmaster at Milton, Wis., in place
of William W. Clarke. Incumbent’s commission expires March
1, 1909.
Fred P. Harmon to be postmaster at. Belleville, Wis. Office
became presidential January 1, 1909.

Frank C. Evans to be postmaster at Wisner, Nebr., in place
of Frank C. Evans. Incumbent’s commission expires March
CONFIRMATIONS.

3, 1909.
NEVADA.

Idessa G. Moody to be postmaster at Mina, Nev.
came presidential October 1, 190S.
NEW YORK.

Office be­

Thomas B. Lowerre to be postmaster at Flushing, N. T.. in
place of Thomas B. Lowerre. Incumbent's commission expires
March 1, 1909.
NORTH CAROLINA.

Charles M. Hoover to be postmaster at Thomasville, N. C.,
in place of Charles M. Hoover. Incumbent’s commission ex­
pires March 1, 1909.
Charles A. Reynolds to be postmaster at Winston Salem,
N. C., in place of Charles A. Reynolds. Incumbent’s commis­
sion expired January 30, 1909.

Executive nominations confirmed by the Senate February 20,
1909.
P u blic H e a l t h

George W. Mellish to be postmaster at Comanche, Okla., in
place of George W . Mellish. Incumbent’s commission expires
March 1, 1909.
PENNSYLVANIA.

M a r in e - H o s p it a l S ervice .

Co n s u l s .

William C. Magelssen, of Minnesota, to be consul of the
United States of class 7 at Colombo. Ceylon.
William C. Teichmann, of Missouri, to be consul of the United
States of class 8 at Stettin, Germany.
P r o m o t io n s

in

the

Army,

c o ast a r t il l e r y corps .

NORTH DAKOTA.

David C. Bovd to be postmaster at White Earth, N. Dak., in
place of David C. Boyd. Incumbent’s commission expired De­
cember 14, 1908.
OKLAHOMA.

and

Fassed Asst. Surg. James A. Nydegger to be surgeon in the
Public Health and Marine-Hospital Service.

Second Lieut. Samlerford Jarman, Coast Artillery Corps,
be first lieutenant.
Second Lieut. Clair W . Baird, Coast Artillery Corps, to
first lieutenant.
Second Lieut. Edward W. Putney, Coast Artillery Corps,
be first lieutenant.
Second Lieut. Gilbert Marshall, Coast Artillery Corps, to
first lieutenant.

to
be
to
be

c h a p l a in s .

John W. Zerbe to be postmaster at Shamokin, Pa., in place of
John W. Zerbe. Incumbent’s commission expired November 19,
1907.
SOUTH CAROLINA.

Alfred G. Pinckney to be postmaster at Williamston, S. C.
Office became presidential January 1, 1908.
SOUTH DAKOTA.

Arthur B. Chubbuck to be postmaster at Ipswich, S. Dak.,
in place of Arthur Ii. Chubbuck. Incumbent’s commission ex­
pired January 20, 1909.

Rev. William Reese Scott, of Pennsylvania, to be chaplain
with the rank of first lieutenant.
Rev. Franz Joseph Feinler, of South Dakota, to be chaphdn
with the rank of first lieutenant.
P ro m o tio n

in

the

Navy.

Commander Walter McLean to be a captain in the navy.
S e cretary

of

P u b l ic I n s t r u c t io n , P h il ip p in e I s l a n d s .

Newton W. Gilbert, of Indiana.

CONGRESSIONAL RECORD— SENATE.

1909.

Mr. G A L L IN G E R presented a memorial o f the Harrington &
Richardson Arm s Company, of Worcester, Mass., remonstrating
against the enactment o f legislation to regulate the sale o f fire­
arms in the District of Columbia, which was referred to the
Committee on the District o f Columbia.
Mr. W A R R E N presented a concurrent resolution of the legis­
lature of Wyoming, which was referred to the Committee on
Agriculture and Forestry and ordered to be printed in the

Record, as follows:
T he S tate op W yoming ,
Office of the S ecretary op S tate .
U nited S tates

of

A merica ,

S ta te o f W y o m in g , e s :

I, William R. Schnitger, secretary of state of the State of Wyo­
ming do hereby certify that the annexed has been carefully compared
with the original enrolled house joint memorial No. 3 of the tenth
state legislature of Wyoming, and is a full, true, and correct copy of
same, and of the whole thereof.
In testimony whereof, I have hereunto set my hand and affixed the
great seal of the State of Wyoming.
Done at Cheyenne, the capital, this 18th day of February, A. D. 1909.
[ seal .]
W m. It. Schnitger .
S e c r e ta r y o f S ta te .

House joint memorial 3, relating to homestead laws.
Memorial to the Senate and House of Representatives of the United
States.
B e i t r e s o lv e d bp th e h o u s e o f r e p r e s e n ta tiv e s
W y o m in g , th e s e n a te c o n c u r r in g :

of

th e

le g is la tu r e o f

Whereas it has been demonstrated that the homestead act providing
for the entry and settlement of 100 acres of public land by a Qualified
entryman does not cover the needs and reach all the conditions in the
arid and semiarid sections of the West, owing to soil and climatic cir­
cumstances not considered when the homestead laws was passed;

Whereas in the higher altitudes of the Rocky Mountain West the
moisture rarely exceeds 1 2 inches, the seasons are short, and the pre­
cipitation variable in quantity and uncertain during the growing sea­
son ;

Mr. F R Y E presented a petition of sundry citizens o f Brooks,
Me„ praying for the enactment o f legislation to regulate the
interstate transportation of intoxicating liquoi'S, which was re­
ferred to the Committee on the Judiciary.
H e also presented a petition o f Wellington Grange. Patrons o f
Husbandry, o f Wellington, Me., praying for the passage of the
so-called “ rural parcels-post bill,” which was referred to the
Committee on Post-Offices and Post-Roads.
Mr. C U R TIS presented a petition o f the congregation of the
Methodist Episcopal Church o f Mound City, Ivans., praying for
the enactment o f legislation to prohibit the interstate transportation o f intoxicating liquors, which was referred to the Com­
mittee on the Judiciary.
He also presented petitions of Local Lodge No. 1037, of Junc­
tion C ity; of Local Lodge No. 412, o f Pittsburg; o f Local Lodge
No. 595, of Lawrence; of Local Lodge No. 579, o f Fort Scott,
and o f Tiocal Lodge No. 647, all of the Benevolent and Protective
i Order o f Elks, in the State of Kansas, praying for the enactment
of legislation providing for the creation of a national reserve in
; the State of Wyom ing for the care and maintenance of the
American elk, which were referred to the Committee on Forest
. Reservations and the Protection o f Game.
Mr. H A L E presented a petition o f sundry citizens of Brooks,
j Me., praying for the enactment o f legislation to regulate the in­
terstate transportation of intoxicating liquors, which was re­
ferred to the Committee on the Judiciary.
H e also presented a petition o f Local Grange, Patrons of
Husbandry, o f Wellington, Me., praying for the passage o f the
so-called “ rural parcels-post ” and “ postal savings banks ” bills,
which was referred to the Committee on Post-Offices and PostRoads.
REPORTS OF COMMITTEES.

Whereas these facts render it necessary lo conserve according to the
most scientific methods nil the moisture that falls in winter, spring,
and summer, thus requiring that at least one-half of the tillable area
Mr. C L A R K o f Wyoming, from the Committee on the Judilie fallow each alternate season ; and
Whereas the farmer who undertakes to establish a home and make a I clary, to whom was referred the bill (S. 9191) to amend an act
living for himself and family in a region in which the greatest natural entitled “ An act to divide the judicial district of Nebraska into
obstacles must he overcome can not with safety depend alone on his
divisions and to provide for an additional district judge in said
crops, but must have some grazing land: Now, therefore lie it

R e s o l v e d , That the house and senate of the Wyoming legislature by
district.” reported it without amendment.
Joint memorial do hereby indorse and approve the 320-acre homestead
He also, from the same committee, to whom was referred the
Mil of lion. F ran k W . M o ndell , and urge the honorable Congress of
amendment submitted by Mr. du P ont on the 18th instant, prothe United States to enact the same into law at Its present session.
R e s o l v e d , that a copy of this memorial lie sent to each Member of . posing that the annual salary o f the United States attorney for
the Senate and House of Representatives at Washington, D. C.
the district of Delaware shall be, after the beginning of the
Approved February 17, 1909.
fiscal year 1910, $3,000, intended to be proposed to the sundry
Mr. W A R R E N presented a joint memorial o f the legislature civil appropriation bill, reported favorably thereon and moved
of Wyoming, which was referred to the Committee on Public that it be referred to the Committee on Appropriations and
Lauds and ordered to be printed in the R ecord, as follow s:
printed, which was agreed to.
T he S tat e of W y o m in g ,
Mr. W A R R E N . I am directed by the Committee on AgriculO ffice of th e S ecretary of S tate .
! ture and Forestry, to whom was referred the bill (H . R. 27053)
U nited States of A merica, S t a t e o f W y o m i n g , s s :
making appropriations for the Department o f Agriculture for
, 1, William R. Schnitger, secretary of state of the State of Wyoming, do
hereby certify that the annexed has been carefully compared with the the fiscal year ending June 30, 1910, to report it with amend­
original house enrolled resolution, No. 4, of the tenth state legislature ments, and I submit a report (No. 1055) thereon. I give notice
°f Wyoming, and is a full, true, and correct copy of same, and of the that I shall ask to have the bill taken up at the earliest practi­
whoie thereof.
cable time. I hope Senators will give this bill their attention
In testimony whereof I have hereunto set my hand and affixed the
and be prepared to consider it on its merits when it comes up.
Breat seal of the State of Wyoming.
Done at Cheyenne, the capital, this 18th day of February, A. D. 1909. There is considerable new matter contained in the bill, and it is
[ seal ]
W m . It. Schnitger .
; proposed to consider it at a later hour to-day and to-morrow.
S ec reta r y o f s ta te .
The V IC E -P R E SID E N T. The bill will he placed on the
House joint resolution 4, relating to creating forest reserves.
calendar.
^ it r e s o l v e d b y t h e h o u s e o f r e p r e s e n t a t i v e s , t h e s e n a t e c o n c u r r i n g :
Mr. D IC K , from the Committee on Naval Affairs, to whom
"heieas the people of the State of Wyoming are oppressed by the
•resent policy of the National Government in withdrawing large areas was referred the bill (S. 4434) to amend an act entitled “An act
r Hie state from the operation of laws enacted by Congress, thus adding to authorize the Secretary of the Navy to loan naval equipment
o the expense of maintaining law and order and protecting lire and to certain military schools,” approved March 3, 1901, reported
Tonci'ty; and
Whereas the creation of large forest reserves has taken from the State it without amendment and submitted a report (No. 1057)
1eiis1me , ,
or
ioresi reseives ...f...
Hea5 wh,ch contain ______ --------- ^1
*
i -. .
main* other natural resources oci/ln frnm timber
aside from timber, thereon.
,
Ditch must be properly utilized if the State is to develop and become a
He also, from the same committee, to whom was referred the
u
*.^rous Commonwealth among those of the Union ; and
v) hereas our people are living under a code of rules and regulations hill (II. R. 4521) to reorganize and enlist the members of the
rescribed by the Forest Service rather than under m u w Congress , ..— United States Naval Academy Band, repoi'ted it without amend­
: and
u u y me I'orest oervice miner man uuua acts of
*
------------------ 1K
I"'-'Teas development is greatly retarded • -------- --1
he—- *
* - because ‘ those responsible for ment and submitted a report (No. 1058) thereon.
V rules and regulations nre unacquainted with conditions; and
”
Mr D E P E W , from the Committee on the Judiciary, to whom
"hereas the Forest Service and oilier bureaus at Washington niain', ’ a* Bovernmcnt expense, advertising agencies which mislead the peo- was referred the bill (H . It. 19655) providing for an additional
judge for the southern district of New York, and for other pur­
Yvi? to Hie purpose and work of such bureaus; and
"hereas the people of the State of Wyoming are fully aware that the poses. reported it without amendment and submitted a report
and highest use of natural resources is not being made under the
iho,rV
l,sion of these bureaus and that great waste now occurs which (No. 1059) thereon.
Mr. H A N S B ItO U G H , from the Committee on the Library, to
,.!/■ * easily prevented by a more localized control : Therefore be it
)e
fnow c e d - h V t h e s e n a t e a n d h o u s e o f r e p r e s e n t a t i v e s o f t h e S t a t e o f whom was referred the amendment submitted by Mr. Culeom
in l e g i s l a t u r e a s s e m b l e d , That Congress be. and it is hereby,
atl T * to enact such laws os may be necessary for the control of on the 3d instant, proposing to appropriate $5,000 for the erec­
tion on the brink of tbe Grand Canyon in the Grand Canyon
* resources nnd to provide a*i administration o f these la " s>
direct nets of Congress may operate rather than rules and Forest Reserve in Arizona, a memorial to the late John W esley
;rttipr°as Pr°Pared and enforced by an absent landlord; and be it Powell, etc., intended to be proposed to the sundry civil appro­
priation bill, reported favorably thereon and moved that it be
J {C o J VcJ’ T h n t Congress be petitioned to take such steps as will place
r
eont2ntS0,( and management of natural resources in the hands of the referred to the Committee on Appropriations and printed, which
UjPie. °f -Mates ns rapidly as those States prepare for the responsi- i was agreed to.
* ? » 3.n(l he it further
Mr. P E R K IN S . I am directed by the Committee on Appro­
1 ,lat a copy of these resolutions he sent to each Member of
Rrfibfw1 and to the chief administrative officers of the Interior and priations, to whom was referred the hill (H . R. 27054) making
Z
lu'»l* D*'part meats.
appropriations for fortifications and other works of defense, for

■approved February 17, 1909.







CONGRESSIONAL RECORD— SENATE.

F ebruaey 22,

the armament thereof, for the procurement of heavy ordnance
for trial and service, and for other purposes, to report it with­
out amendment, and I submit a report (No. 1001) thereon.
The VICE-PRESIDENT. The bill will be placed on the
Calendar.
TERMS OF COURT AT YOUNGSTOWN, OHIO.

He also submitted an amendment relating to the improvement
of the Missouri River from Sioux City, Iowa, to Fort Benton,
Mont., and the Yellowstone River from mouth to Billings,
Mont., intended to be proposed by him to the river and harbor
appropriation bill, which was referred to the Committee on
Commerce and ordered to be printed.
Mr. CLARK of Wyoming submitted an amendment proposing
Mr. FORAKER. I am directed by the Committee on the
to appropriate $7,444.49 in full settlement of the defalcation of
Judiciary, to whom was referred the bill (H. R. 27139) to pro­
Lyman K. Lane, formerly a clerk in the Union Agency, Okla.,
vide for the sittings of the United States circuit and district
etc., intended to be proposed by him to the sundry civil appro­
courts of the northern district of Ohio at the city of Youngs­
priation bill, which was referred to the Committee on Appro­
town, in said district, to report it favorably without amend­
priations and ordered to be printed.
ment, and I submit a report (No. 1056) thereon. I ask unani­
Mr. TALIAFERRO submitted an amendment proposing to
mous consent for the present consideration of the bill.
appropriate $250,000 for one steam revenue cutter of the first
There being no objection, the Senate, as in Committee of the
class for service in the waters of Key West, Fla., intended to
Whole, proceeded to consider the bill. It provides that from
be proposed by him to the sundry civil appropriation bill,
and after the passage of this act there shall be held at the city
which was referred to the Committee on Commerce and ordered
of Youngstown, in the northern district of Ohio, a term of
to be printed.
both the circuit and district courts of that district on the first
He also submitted an amendment authorizing the President
Tuesday after the first Monday in March of each year; that
of the United States, by and with the advice and consent of the
grand and petit jurors summoned for service at the terms of
Senate, to appoint J. Randolph Peyton, late a cadet at the
either of the courts aforesaid to be held at the city of Cleve­
Military Academy, at West Point, to the position of second
land, may, if in the opinion of the judge holding court in that
lieutenant of infantry in the army, etc., intended to be pro­
division the public convenience requires it, be directed to serve
posed by him to the Military Academy appropriation bill, which
also at the term then being held, or herein authorized to be then
was referred to the Committee on Military Affairs and ordered
held, at the city of Youngstown; that prosecutions for crimes
to be printed.
or offenses hereafter committed in any part of the eastern
He also submitted an amendment proposing to appropriate
division of the district shall be cognizable at the aforesaid
$20,000 for the maintenance of the channel at the mouth of
terms of either of the courts having jurisdiction thereof, etc.
the Apalachicola River, Florida, intended to be proposed by
The bill was reported to the Senate without amendment, or­
him to the river and harbor appropriation bill, which was
dered to a third reading, read the third time, and passed.
ordered to be printed and, with the accompanying paper, re­
BILLS INTRODUCED.
ferred to the Committee on Commerce.
Mr. STONE submitted an amendment proposing to appro­
Mr. SMOOT introduced a bill (S. 9440) to amend and con­
solidate the acts respecting copyright, which was read twice priate $150,000 to prevent the diversion of the waters of the
Missouri River through Lake Contrary and other contiguous
by its title and referred to the Committee on Patents.
Mr. GALLINGER introduced the following bills, which were lakes, intended to be proposed by him to the river and harbor
severally read twice by their titles and referred to the Com­ appropriation bill, which was referred to the Committee on
Commerce and ordered to be printed.
mittee on the District of Columbia :
Mr. BANKHEAD submitted an amendment proposing to
A bill (S. 9441) to amend the Code of Law for the District
■of Columbia regarding insurance (with an accompanying appropriate $1,875 to pay John H. Bankhead, of Alabama, for
services on the Inland Waterways Commission from March 14
paper); and
to June 18, 1907, intended to be proposed by him to the river
A bill (S. 9442) for the relief of Emma L. Hines.
Mr. TAYLOR introduced the following bills, which were and harbor appropriation bill, which was referred to the Com­
—
severally read twice by their titles and referred to the Com­ mittee on Commerce and ordered to be printed.
\ Mr. OWEN submitted an amendment proposing to appropriate
mittee on Claims:
A bill (S. 9443) for the relief of the estate of Lee Shute; and J$32,000 to purchase certain Indian relics deposited for safeA bill (S. 9444) for the relief of the heirs and legal repre­ jfkeeping in the National Museum by Richard C. Adams, inI tended to be proposed by him to the sundry civil appropriation
sentatives of W. A. Schoolfleld, deceased.
Mr. DIXON introduced a bill (S. 9445) granting an increase I bill, which was referred to the Committee on Appropriations
of pension to David B. Todd, which was read twice by its land ordered to be printed.
title and, with an accompanying paper, referred to the Com­
INDIAN APPROPRIATION BILL.
mittee on Pensions.
The VICE-PRESIDENT laid before the Senate the action of
Mr. McLAURIN introduced a bill (S. 9446) for the relief of
the House of Representatives disagreeing to the amendments of
E. D. Miller, estate of G. Coihoun, S. B. Crow, James Tate, and
j the Senate to the bill (H. R. 26916) making appropriations for
others, which was read twice by its title and referred to the
the current and contingent expenses of the Indian Department
Committee on Claims.
for fulfilling treaty stipulations with various Indian tribes, and
Mr. TILLMAN introduced a bill (S. 9447) to authorize and
Jfor other purposes, for the fiscal year ending June 30, 1910, and
empower J. L. Hankinson, N. B. Dial, and their associates, suc­
requesting a conference with the Senate on the disagreeing
cessors, and assigns, to construct a dam, which was read twice
votes of the two Houses thereon.
*
by its title and referred to the Committee on Commerce.
Mr. CLAPP. I move that the Senate insist upon its amendMr. SMITH of Michigan introduced a bill (S. 944S) for the
inenth and agree to the conference asked for by tbo House, the
relief of Orlando B. Willcox and certain other army officers and
conferees on the part of the Senate to be appointed by the
their heirs or legal representatives, which was read twice by its
Chair.
title and referred to the Committee on Claims.
The motion was agreed to; and the Vice-President appointed
Mr. McENEEY introduced a bill (S. 9449) for the relief of
I Mr. Clapp, Mr. Curtis, and Mr. Owen conferees on the part of
the Bank of Louisiana, which was read twice by its title and
the Senate.
referred to the Committee on Claims.
JUDGES FOR HAWAII, ALASKA, ETC.
AMENDMENTS TO APPROPRIATION BILLS.
The VICE-PRESIDENT laid before the Senate the action of
Mr. LODGE submitted an amendment proposing to appropri­ the House of Representatives disagreeing to the amendments of
ate $2,840.83 to pay the Boston and Maine Railroad for railway the Senate to the bill (H . It. 21896) to amend <**ction 86 of an
mail service, etc., intended to be proposed by him to the general act to provide a government for the Territory of Hawaii, to
deficiency appropriation bill, which was ordered to be printed provide for additional judges, and for other judicial purjwses,
and, with the accompanying paper, referred to the Committee I and requesting a conference with the Senate on the disagreeing
on Appropriations.
| votes of the two Houses thereon.
He^ also submitted an amendment proposing to appropriate
Mr. CLARK of Wyoming. I move that the Senate
$1,385.22 in settlement of the claim of Pedro Mangalindan, etc., upon its amendments, agree to the conference asked for by the
intended to be proposed by him to the general deficiency ap­ House, the conferees on the part of the Senate to be appointed
propriation bill, which was ordered to be printed and, with by the Chair.
.
the accompanying paper, referred to the Committee on Appro­
The motion was agreed to; and the Vice-President appointcu
priations.
Mr. C lark of Wyoming, Mr. N elson , and Mr. O verman c ° n*
Mr. McCUMBER submitted an amendment relative to the I ferees on the part of the Senate.
„
The VICE-PRESIDENT. Is there further morning bnsiw'SSl
improvement of harbors and landings of the upper Missouri
Iiiver, intended to be proposed by him to the river and liarbox j If not, morning business is closed, and the calendar under Rate
appropriation bill, which was referred to the Committee on j VIII is in order. The Secretary will state the first bill on the
Commerce and ordered to be printed.
I calendar.

CONGRESSIONAL RECORD— SENATE.

1909

for China and prescribing the jurisdiction thereof, a most im­
portant piece of legislation.
I will say that the law which this provision seeks to amend is
one which was most carefully considered by the Committee on
Foreign Relations. It was committed to a subcommittee, of
which Senator Spooner and myself were members. I think we
were the only members of the committee, if I recollect aright,
though I may be mistaken in that.
Mr. CULLOM . The Senator is right.
Mr. BACON. The matter was considered with the utmost
care and deliberation for weeks, and upon the report made by
the subcommittee the Committee on Foreign Relations recom­
mended a favorable report to the Senate, and it was enacted
into law. Ever since the passage o f that act there has been a
most active and persistent effort made to amend and change
the provisions o f the law. During the entire period o f the last
session of Congress there were persons here who were inter­
ested in it, making the most vigorous and persistent effort to
have vital and important changes made in the provisions of the
act. It was before the Committee on Foreign Relations, and
the question o f changing and amending the law was again most
carefully considered. The Committee on Foreign Relations did
not approve o f it, and the Senate did not take any action in rep cird thereto.
T .
Now, Mr. President, what could not be accomplished by d l
rection in the way o f repealing and amending the law is sought
to be accomplished by a provision in this diplomatic
sular appropriation bill. I think it is a matter of too mirclt 1
portance to be decided in this way, without any opportunity
consider it.
/
Mr. H A L E . W ill the Senator yield to me?
/
Mr. BACON. Certainly.
y
Mr. H A L E . I move to strike out the clavsp m 'th e bill fr
line 7 to line 1G, inclusive.
f i r ~
. . . . . .
Mr. BACON. Very w e ll; I am veryvflltlch gratified that the
Senator will do^nat. I wish to s*y fu rth e r, in order that we
may not be mjf&nderstood, iliajfr'if any change o f the law is required, I shall ejjiorp/ttjf^K appy to cooperate in making proper
k a change ought to be made in this
changes, hut I
b ill.

think the Senator is right.
Mr. IIA LE .
The V IC E -P R E S ID E N T . The Senator from Maine moves an
amendment, which xvill be stated.
The S ecret a by . It is proposed to strike out lines 7 to 16, in­
clusive, on page 20, in the following words:

The judicial authority and jurisdiction in civil and criminal cases
now vested in and reserved to ther consul-general of the United States
at Shanghai, China, by the act of June 30, 1900, entitled “An act cre­
ating a United States court for China and prescribing the jurisdiction
thereof,” shall, subsequent to June 30, 1900, be vested in and exercised
b y a vice-consul-general of the United States, to be designated from time
to time by the Secretary of State, and the consul-general at Shanghai
shall thereafter be relieved of his judicial functions.
The amendment was agreed to.
The reading o f the bill was resumed.
The next amendment was, under the subhead “ International
commission on private and public international law, on page
22, line 12, after the word “ the,” to strike out ‘ third inter­
national conference” and insert “ Third International Con­
ference; ” in line 24, before the word “ ten,” to strike out “ the
sum o f ; ” and on page 23, before the word “ to,” to strike out
" is hereby appropriated out of any money in the Treasury not
otherwise appropriated,” so as to make the clause read:

„ P o r the payment of compensation to, and of the necessary expenses
® a commissioner to represent the United States in the international
f>
Sunmission. which, in pursuance of the convention signed at the /
f p ’r,d International Conference of American States, on August 23J
npproved by the Sennte on February 3, 1908, and ratified by
President on February 8, 1908, is to meet at the city of Rio dc
"a,oclro in May, 1909, for the purpose of preparing draft codes ol
htlvate and public international law regulating the relations betweer
i"? nations of America; nnd for the payment of the 0U
<>ta> ° f
States of the expenses incident to the preparation of the drafts.!
eluding the compensation of the experts provided for in article 4
said convention, $ 10,000 or so much thereof as may be necessary,
,
be Immediately available.
Ih e amendment was agreed to.
„ ^ .
Ih e next amendment was, on page 23, after line
to m se it.
THE nAQUE INTERNATIONAL CON R
G ESS.
K ^ t ? M

t lK tT h .b5 . 1uo S W t f ™
ld
?e

and insert “ International Office of Public H ea lth ; ” and in line
18, at the beginning o f the line, to strike out “ international
sanitary convention ” and insert “ International Sanitary Con­
vention,” so as to make the clause read:

For the payment of the quota of the United States for the year
1909 toward the support of the International Office of Public Health,
created by the international arrangement signed at Rome December 9,
1907, in pursuance of article 181 of the International Sanitary Con­
vention signed at Paris on December 3, 1903, $3,000.
The amendment was agreed to.
The next amendment was, on page 23, after line 21, to in sert:
INTERNATIONAL COMMISSION FOB THE REVISION OP TIIE INTERNATIONAL
CLASSIFICATION OF DISEASES AND CAUSES OF DEATH.

For the payment of the actual and necessary traveling expenses of
delegates to represent the United States on the International Com­
mission for the Revision of the International Classification of Dis­
eases and Causes of Death, called by the Government of France to
meet at Paris in 1910, $0,000, or so much thereof as may he necessary;
such delegates to be designated by the Secretary of State, one from
the Medical Department of tbefArmyJfcne from the Bureau of Medicine
- * the Navy
and Surgery of ” - vr— — fr*Si fha Bureau of Public Health and
a tl>ew3fensus office, and two additional
Marine-Hospital Service
delegates to be select
to.
The am endm ent.. _ --------------The next amendfnentrtvas, on page 24, after line 10, to in sert:
PURCHASE OF PK^U’ EETY FOB LEGATION PURPOSES AT TOKYO, JAPAN.

P u r c h a se d residence erected by Mr. R. S. Miller, Japanese secretary
to tlife emhfcsw at Tokyo, at his own expense, on ground held by the
UnljjMjSrtafes in perpetual lease for legation purposes in Tokyo, $3,267.
amendment was agreed to.
The next amendment was, in Schedule B, under the subhead
Salaries, consular service,” on page 24, line 25, after the word
i six,” to insert “ and the act approved February 3, 1900, en­
titled ‘An act to amend an act to provide for the reorganization
o f the consular service of the United States,’ ” so as to make the
clause re a d :

For salaries of consul-general and consuls, as provided in the act ap­
proved May 11, 1908, entitled “An .act to amend an act entitled ‘An act
to provide for the reorganization of the consular service of the United
States.’ approved April 5, 1906,” and the act approved February 3, 1909.
entitled “An act to amend an act to provide for the reorganization of
the consular service of the United States." ns follow s: Consul-general,
$303,000; consuls, $734,000; in all, $1,037,000.
The amendment was agreed to.
The next amendment was, on page 25, after line 5, to insert :

The President is hereby authorized to assign any regularly appointed
consul of class 7 or 8 to service in the Department of fetate, without
chance of salary, for a period not to exceed two years in any one case
and to a number not to exceed three consuls a t any one time. In each
case the consulate from which the transfer is made may be filled by
another appointment at the same salary. To carry out this provision,
$9,000 or so much thereof as may be necessary.
,
The amendment was agreed to.
_
,,
The next amendment was, in Schedule C, under the subhead
“ Salaries o f consular assistants,” on page 25, after line 23, to
strike o u t:
For °0 consular assistants as provided for by law, ,$25,300 ; 10 addi­

tional consular assistants, subject to the same provisions of law as the
above 20, $10,000; total, $35,300.
And to insert:

For 13 consular assistants as provided for by law, $18,300, 7 addi­
tional consular assistants, subject to the same provisions of law as the
above 13, $7,000; total, $25,o00.
The amendment was agreed to.
The reading o f the bill was concluded.
Mr. LO DG E. I offer an amendment to be inserted on page

04 pfter line 17.
“ The V IC E -P R E SID E N T . The amendment will be read.
The S ecretary. On page 24, after line 17, it is proposed to

f
insert:

For the purchase Of building and grounds, or ^
tion of a building thereon, in the^c J ®fe ^ mbassador at that capital,
h
the embassy and for the resldeE
nccessarv, otherwise adapting it to
;h"8 n^
o .h ^ « r r i« ,S { 400006 or so mucia thereof a , may bo aocos.
7
,
,
sary.
Mr. H A L E .
* *\rr

I desire to move to lay the amendment on the

r o d GE

I have the floor, I think.
Does the Senator from Massachuvield to the Senator from Maine?
mV IIV LE
I do not propose to interfere with the Senator,
but as soon as he is through I shall move to lay the amendment

The VICE-PRESIDENT.

as «h ' S i S S S H ? c X
*“e

fo m en t shall l x for the purpose of promoting uniform legislation
onct-raing letters of exchange, Including compensation of and the
3e W it and necessary traveling and subsistence « i» n s e s of a i ‘i wcS a r v tC and 11 “ccrctary, $ 9000 or so much thereof as may W nec
,
,
J j 16 amendment was agreed to.
,
.
..
.
0J he next amendment was, under the subhead
? ^ o t public h ealth ” on page 23, line 15 after the word
the> to strike out “ international office o f public health




2927;

0 Mr °L O D G E
1

Mr. President, I do not desire to debate the

a m e n d m e n t a t any length, because it was thoroughly debated

here last spring and was placed upon the public-buildings bill by
a vote o f the Senate. It has passed the Senate twice as a sepa­
rate bill without dissent. The matter has been so thoroughly
cone into that I have no desire to enter into any further discus­
sion b u t I shall be glad to have a vole upon it. I f the Senator




2928

‘

CONGRESSIONAL RECORD— SENATE.

from Maine moves to lay it on the table I shall ask for the
yeas and rays.
Mr. HALE. I make that motion.
The VICE-PRESIDENT. The Senator from Maine moves
to lay the amendment submitted by the Senator from Massachu­
setts on the table. On that question the Senator from Massa­
chusetts demands the yeas and nays.
The yeas and nays were not ordered.
Mr. LODGE. I ask for a division.
There were, on a division—ayes 25, noes 11; no quorum voting.
Mr. LODGE. I ask again for the yeas and nays.
Mr. HALE. The feeling of the Senate Is very plain. It will
take less time to have the yeas and nays, although I am sorry
to have a roll call.
The yeas and nays were ordered.
Mr. NELSON. Before the vote is taken I should like to have
the amendment read again.
The VICE-PRESIDENT. The Secretary will again read the
amendment proposed by the Senator from Massachusetts.
The Secretary again read Mr. Lodge’s amendment.
Mr. BACON. I should like to ask the Senator from Massa­
chusetts. before the vote is taken, if he will accept an amend­
ment reducing the amount?
Mr. HALE. I think I must insist on my motion to lay the
amendment on the table.
Mr. CLAY. I should be glad to ask the Senator a question.
The VICE-PRESIDENT. Does the Senator from Maine yield
to the Senator from Georgia?
Mr. HALE. Certainly.
Mr. CLAY. I ask the Senator if this amendment was before
the Committee on Appropriations and unanimously reported
against?
Mr. HALE. Of course it was.
Mr. CLARKE of Arkansas. Before the vote is taken, I ask
/-the Chair to define to the Senate the question to be disposed of.
/
The VICE-PRESIDENT. The Senator from Massachusetts
f proposed an amendment, which was read, and the Senator from
i Maine has moved to lay that amendment on the table. The vote
l is being taken upon the motion of the Senator from Maine. The
1 Secretary will call the roll.
\
The Secretary proceeded to call the roll.
Mr. DIXON (when his name was called). I dislike to inter­
rupt the roll call, but I understand that to vote “ y ea ” is to
vote to lay the amendment on the table appropriating $400,000.
The VICE-PRESIDENT. The Senator is correct in his under­
standing of the question.
Mr. DIXON. I vote “ yea.”
Mr. FLINT (when his name was called). I am paired with
the senior Senator from Texas [Mr. Culberson], If he were
present, I should vote “ yea.”
Mr. BAILEY. I desire to say that my colleague [Mr. Cul­
berson] is detained from the Senate on account of sickness. I
am sure that if my colleague were here he would vote “ yea,”
and I take the liberty of saying to the Senator from California
that he can vote.
Mr. FLINT. On the statement of the junior Senator from
Texas, I vote “ yea.”
Mr. FULTON (when his name was called). I have a gen­
eral pair with the junior Senator from Arkansas [Mr. D avis ].
I transfer that pair to the senior Senator from Washington
[Mr. A n k en y ] and vote, I vote “ yea.”
The roll call was concluded.
Mr. BAILEY (after having voted in the affirmative). I ob­
serve in the recapitulation that the Senator from West Virginia
[Mr. E l k in s ] is not recorded. As I have a general pair with
him I think it proper to withdraw my vote.
Mr. CULLOM (after having voted in the negative). I in­
quire if the junior Senator from Virginia [Mr. Martin ] has
voted?
The VICE-PRESIDENT. He has not voted.
Mr. CULLOM. I withdraw my vote; I supposed that he was
present when I voted.
The result was announced— yeas 47, nays 24, as follows;

Bankhead
Borah
Bourne
Brown
Bulkeley
Burkett
Burrows
Clapp
Clarke, Ark.
Clay
Dick
Dixon

Dolliver
Flint
Foraker
Frazier
Fulton
Gary
Gore
Hale
Flemenway
Heyburn
Johnston
Kittredge

YEAS—47.
La Follette
Long
MeCumber
McLaurin
Milton
Nelson
Nixon
Overman
Page
Pay nter
Penrose
Perkins

Tiles
Piatt
Rayner
Richardson
Simmons
Smith, Md.
Smoot
Stephenson
Taylor
Teller
Tillman

F ebruary 23,

NAYS— 24.

Bacon
Beveridge
Brandegee
Carter
Clark, Wyo,
Daniel
Aldrich
Ankeny
Bailey
Briggs
Burnham
Crane

Guggenheim
Depew
Dillingham
Kean
du Pont
Knox
Lodge
Foster
Frye
McCreary
Galiinger
Money
NOT VOTING—21.
Culberson
Gamble
Cullom
Ilansbrough
Cummins
Hopkins
Curtis
McEnery
Davis
Martin
Elkins
Newlands

Smith, Mich.
Stone
Sutherland
Warner
Warren
Wetmore
.Owen
Scott
Taliaferro

So Mr. L odge’s amendment was laid on the table.
Mr. BACON. Mr. President, in reference to the vote just
taken, I desire, with the permission of the Senate, to say a word.
I made the Inquiry of the Senator from Maine [Mr. II ale]
whether he would withhold his motion, or practically to that
effect, if the amount were reduced. My purpose in so doing
was to meet what I knew to be the objection of a number of
Senators, not to the proposal to purchase or provide for an em­
bassy in Paris, but to the amount involved. I thought that
the former action of the Senate had indicated that the amount
proposed in the amendment would not be acceptable to the
Senate, and therefore I proposed myself to try to meet the views
of Senators who had that objection; but the response of the
Senator from Maine indicates that it would not be of avail to
move an amendment proposing a smaller amount, so I shall
not do so.
I simply desire to repeat what I have said on a former oc­
casion, that under our present system, where we have no em­
bassies, Ibe appointment of ambassadors to great powers is
practically limited to millionaires; and I desire that we shall
make some provision for housing our ambassadors, so that men
who are not millionaires may be eligible to such appointments.
The bill was reported to the Senate as amended, and tbe
amendments were concurred in.
Tbe amendments were ordered to be engrossed, and the bill
to be read a third time.
The bill was read the third time and passed.
MESSAGE FR M THE HOUSE.
O
A message from the House of Representatives, by Mr. TV. L
Browning, its Chief Clerk, announced that the House had passed
the following joint resolutions:
S. R. 76. Joint resolution relative to homestead designations,
made and to be made, of members of the Osage tribe of In­
dians;
S. It. 88. Joint resolution to provide for an accounting of cer­
tain funds held in trust for the Chippewa Indians in Minne­
sota ; and
8. R. 12G. Joint resolution authorizing the Secretary of TVar
to donate six condemned canon to the city of Cheyenne, TVyo.
The message also announced that the House had agreed to
the amendment of the Senate to the bill (H. R. 20U1) to amend
an act entitled “An act to establish a Code of Law for the Dis­
trict of Columbia,” relative to gambling, bucket shops, and
bucketing.
The message further announced that the House had agreed
to the concurrent resolution of the Senate (No. 98) requesting
the President to return to the Senate the bill (S. 4U24) for the
relief of John H. Hamaker.
The message further announced that the House had disagreed
to the amendments of the Senate to tbe bill (H. R. 24835) au­
thorizing the necessary resurvey of public lands, asks a confer­
ence with the Senate on tbe disagreeing votes of tbe two Houses
thereon, and bad appointed Mr. Mondell, Mr. Volstead, and
Mr. R o b in s o n , managers at tbe conference on the part of the
House.
enrolled bills signed.

The message also announced that the Speaker of the House
had signed the following enrolled bills, and they were tliereupo
signed by the Vice-President:
.
S. 5D89. An act authorizing tbe Department of State to '
liver to Maj. C. De W . TVilleox decoration and diploma present
by Government of France:
. p
S. 7829. An act to amend an act entitled “An act to authorize
the construction of a bridge across tbe Mississippi River at
near Keitbsburg, in tbe State of Illinois, and to establish i
a post-road,” approved April 26, 18S2;
.
H. R. 26068. An act providing for an additional judge for 1
western district of Pennsylvania, and for other purposes; a'-ti
H. R. 27130. An act to provide for the sittings of the I njj _
States circuit and district courts of the northern district of v
at the city of Youngstown, in said district.

CONGRESSIONAL RECORD— SENATE.

1909.

November, 1900, as said court shall find and report as qualified for
reenlistment in the Army of the United States shall thereby become
eligible for reenlistment.
I do not know that there is any substantial objection to this
section, blit I call attention to it as it is the prefix o f section
second. About the matter, this observation seems to be perti­
nent, as there is a great deal o f misunderstanding in the country
With respect to the status of the soldiers discharged. There are
three kinds of discharge from the Arm y o f the United States.
One is with honor, another is with dishonor, and between the
two there is a neutral discharge known in the British army as
“ a bob-tail discharge,” and by the expression commonly quoted
in this country ns “ a discharge without honor ” — that is to
say, a colorless discharge, imposing no penalty upon the soldier,
but simply dispensing with his service.
Such discharges are not rare. I am told that during the
Spanish war the services of many, enlisted men were simply
dispensed with and their names stricken from the rolls because
they were not wanted. They were ne’er-do-wells. They were
not satisfactory, and, without being blasted with the stigma of
dishonor or commended by the title of honor, they were simplyj
eliminated from the service o f the United States. That is tin
case with respect to the soldiers discharged on account of the1
disturbance at Brownsville. That discharge does not attach con­
viction o f guilt to anyone, neither does it acquit them with honor.
It arose from the fact that being under obligation as soldiers,
they fell under circumstances o f suspicion by reason o f the fact
that it was known, by the testimony o f eyewitnesses and by
complete circumstantial evidence, that some o f them were guilty,
although the identical people could not be marked out and
named.
A s to all of these soldiers, it is not only proposed to have this
court o f inquiry, and that those who may pass through that
inquiry acceptably may be reenlisted, but section 2 provides:

2933

The V IC E -P R E S ID E N T . The Secretary will again state the
amendment.
The S ecretary . It is proposed to strike out section 2.
FORTIFICATIONS APPROPRIATION BILL.

Mr. P E R K IN S . I ask the Senate to proceed to the considera­
tion o f the bill (H . R. 27054) making appropriations for fortifi­
cations and other works of defense, for the armament thereof,
for the procurement of heavy ordnance for trial and service, and
for other purposes.
B y unanimous consent, the Senate, as in Committee of the
Whole, proceeded to consider the bill.
Mr. P E R K IN S . I ask that the formal reading of the bill be
dispensed with, and that the bill be read for amendment
The V IC E -P R E S ID E N T . W ithout objection, it is so ordered.
The Secretary read the bill.
•Mr. F L IN T . I offer the amendment I send to the desk.
The S ecretary . On page 2, line 20, strike out the words
two hundred and fifty ” and insert “ four hundred,” so as to
read:

For the procurement or reclamation of land, or right pertaining
thereto, needed for site, location, construction, or prosecution of works
for fortifications and coast defenses, $400,000.

Mr. P E R K IN S . Mr. President, when the bill was before the
-committee there was nothing before it on this subject except
the report of the special board. Therefore the committee failed
to give it particular consideration, believing that the $250,000
proposed to he appropriated by the House of Representatives
was sufficient. That amounts to about $1,470 per acre for 170
acres. Since then my colleague appeared before the general
committee, and the general committee authorized the Senator
in charge of the bill to accept the increase.
Mr. LODGE. Mr. President------The V IC E -P R E S ID E N T . Does the Senator from California
yield to the Senator from Massachusetts?
Sec. 2. That any noncommissioned officer or private who shall be
Mr. P E R K IN S . Certainly.
blade eligible for reenlistment under the provisions of the preceding
Mr. LO DG E. I should like to ask the Senator a question.
Action shall, if reenlisted, be considered to have reenlisted immediately
bfter his discharge under the provisions of the special order herein­ Th is is to buy certain land?
before cited, and to be entitled, from the date of his discharge under
Mr. P E R K IN S . It is to purchase about 170 acres of land in
8 special order, to the pay, allowances, and other rights and benefits
aid
*hat he would have been entitled to receive according to his rank from Los Angeles County, at the port called San Pedro, and at the
*aid date of discharge as if he had been honorably discharged under the price of $250,000 it would be about $1,470 an acre. The amend­
Provisions of said special order and had reenllsted immediately.
ment proposes to increase it to $400,000, which would be $2,354
It seems to mo, Mr, President, that section 2 is objection­ an acre. I know nothing m yself o f the value of the land, but
able. There is no doubt of one fact, and that is that these my colleague is a resident of Los Angeles, and is quite familiar
hien were legally discharged after most careful consideration with it. An estimate lias already been made by the Secretary
of the case in which they were involved. There is no doubt
' Mr!1 F L IN T . Mr. President, at the last session of Congress
about the fact that examination and reexamination was made,
that the view taken by those who had the best opportunity a provision was included in the fortifications bill for the ap­
pointment o f a commission to make an investigation as to the
to know and to investigate the affair w as finally confirmed.
It may he that an unfortunate case may arise amongst these necessity and advisability of fortifying the port of San Pedro,
Soldiers; it may be that a number o f-th em were totally inno- which is the port for the city of Los Angeles. A commission
C .nt, but they are so involved in the cloud and doubt that arises was appointed by the W a r Department, which visited the place
G
JWh respect to them that it is not a case for the equitable and made a full report. They have conferred with the com­
intervention o f Congress to pay them while they were out of mercial bodies in that locality, and it is only by the assistance
service all the pay and allowances that a true and good and cooperation of the commercial bodies that the land can
®bldier has assured to him while in it.
For that reason I now be acquired for this price. The W ar Department has rec­
ommended the appropriation o f $400,000 to purchase this land.
t^ove to strike out section 2.
The V IC E -P R E S ID E N T . The Senator from Virginia moves The commission which was appointed to investigate the matter
recommended that Congress appropriate $500,000, but the W ar
t0 strike out the second section of the bill.
Mr. F O R A K E R . I move that the amendment proposed by Department reduced this to $400,000. It is idle to appropriate
$250,000 when the recommendation is for $400,000. If this
Senator from Virginia be laid on the table.
amount should not be appropriated it will he idle to make any
Mr. A L D R IC H . Let the amendment be stated.
. Tho V IC E -P R E S ID E N T . The Senator from Virginia moves appropriation.
.
,
- ...
Mr. L O D G E . I know very little about the details o f this
t0 strike out the second section of the bill, which the Secretary
Win
matter, except that $2,350 an acre for land for fortifications,
read.
170 acres, seems a large price. I have been told that land
Jbe Secretary read as fo llo w s:
2. That any noncommissioned officer or private who shall be there within a few years sold for $5 to $10 an acre.
Mr. F L IN T . I should like to ask the Senator who told lnm
Bec+i ®hgfi>le for reenlistment under the provisions of the preceding

aflpr01?,Blialb if reenlisted, be considered to have reenlisted immediately
for,, ...8 discharge under the provisions of the special order hereml>e* and to be entitled, from the date of his discharge under said
he u.f £ rder, to the par. allowances, and other right* and benefits that
date
bilpe been entitled to receive according to his rank from said
Visbn ' d] 8charge as If he had been honorably discharged under the pro8 °f said special order and had reenlisted immediately.
A L D R IC H .

I suggest that, under the unanimous-consent

At ,llen*---- ~

t i n * ; F O R A K E R . I was about to say that I made the moI /IS.i
• .«_
_
«-_ -_ —^
n /ynA A inm i r
blind ^
without having the unanimous-consent agreement u
to ,, ‘ 0 nder the agreement, I suppose the amendment will hn\'e
iw
tin, i over until 4 o’clock, to he then voted on. So I withdrav
” motion.
S e * V IC E -P R E S ID E N T . The amendment proposed by the
Sid,' . / f 10111 Virginia will be regarded as pending, to be eonir .." when tho hour o f 4 o’clock is reached.
fi8nin Uu F O N T . I should like to hear the amendment stated




1h Mr. LO DG E. I was told that in private conversation.
Mr F I IN T
I should like to know who made such a state­
ment, because’ I am fam iliar with the price of this land
It is
near a city— the city of San P e d r o -a n d , as a matter of fact,
f we do not buv the land now it will not be possible to acquire
the land necessary for this w ork; it will all be coicred up Y ith
homes which will be built there, and the Government will have
to par a far greater price than it is now asked. It is only by
making the appropriation at this time that we can have the
fortifications at that point.
. , , ,,
,
,
Mr. LODGE. I, of course, know nothing about what the land
1S Mr.1 F L IN T . This is an important matter to southern Cali­
fornia. The board was appointed and made a report, and if the
members o f the Appropriations Committee will read the report
thev will see that the board considers it of the greatest neces­




CONGRESSIONAL RECORD— SENATE.
sity to fortify this place at this time. To permit this matter
to go by and not make the appropriation that the commercial
bodies and the commission have recommended, as I said before,
will be a great mistake.
Mr. PERKINS. I will state to the Senator from Massachu­
setts that the special report recommends:

February 23,

The VICE-PRESIDENT. The question is on agreeing to the
amendment proposed by the Senator from California [Mr.
F l in t ],
Mr. TILLMAN. Increasing the appropriation from $250,000
to $400,000?
The VICE-PRESIDENT. Yes.
Mr. TILLMAN. A vote in the affirmative means $400,000?
It is recommended that only so much of the funds needed to provide
The VICE-PRESIDENT. Yes.
for the protection of San Pedro Harbor, Cal., as is required for the pur­
chase of the land, namely, $400,000, he appropriated at the present
The Secretary proceeded to call the roll.
session of Congress.
Mr. FULTON (when his name was called). I have a general
My colleague appeared before the full committee and they pair with the junior Senator from Arkansas [Mr. D a vis ], which
authorized me to accept the amendment proposed by him, I transfer to the senior Senator from Washington [Mr. A n­
k e n y ], and vote.
I vote “ yea.”
$150,000 in addition to the $250,000, making it $400,000.
Mr. GAMBLE (when his name was called). I have a general
Mr. GALLINGER. Mr. President, the Senator from Cali­
fornia ought in justice to the committee to say there was a pair with the -senior Senator from Nevada [Mr. N ewlands].
divided opinion, if he is to quote what the committee did. He being absent, I withhold my vote.
There was no evidence presented to the committee that tin's is
Mr. SIMMONS (when his name was called). I have a gen­
a fair price for the land. Even the report of the commission, eral pair with the junior Senator from Minnesota [Mr. C l a it ].
if there was one, was not laid before the committee when I was If he were present, I should vote “ nay.”
present. I thought it was an exorbitant price, and I am in­
Mr. STONE (when his name was called). I inquire whether
clined to think now it is an exorbitant price. It seems to me the senior Senator from Wyoming [Mr. C lark ] has voted?
that $2,100 or $2,200 an acre for land for a fort is a very
The VICE-PRESIDENT. He has not.
exorbitant value, and unless there is some overwhelming reason
Mr. STONE. I have a general pair with that Senator, and
why we should appropriate $400,000 for this purpose, I cer­ therefore withhold my vote.
tainly shall feel impelled to vote against the amendment.
Mr. TILLMAN (when his name was called.) I have a general
Mr. KEAN. This is for land alone?
pair with the Senator from Vermont [Mr. D illin g h am ]. Iu
Mr. GALLINGER. It is for land alone.
his absence I withhold my vote.
Sir. FLINT. There is a very important reason why this
The roll call was concluded.
land should be purchased. The city of San Pedro will extend
Mr. FOSTER. May I inquire if the senior Senator from
to this very land unless we acquire it at this time. The com­ North Dakota [Mr. II ansbrougii ] has voted?
mission has carefully investigated the matter and made a re­
The VICE-PRESIDENT. He has not voted.
port to Congress, the report being dated November 9, 1908, and
Mr. FOSTER. I withhold my Tote, having a pair with himyet it is proposed, notwithstanding that the commission ask
The result was announced— yeas 2fi, nays 2d, as follows:
for $400,000, to appropriate only $250,000. I do not know
YEAS—2#.
whence the statement comes, and I should like to know who Beveridge
Fulton
Cullom
Piles
Dick
Hemenway
Richardson
makes it, that the land can be purchased for anything like the Brandegee
Brown
Dixon
Ileyburn
Smoot
price which has been named by the Senator from Massachusetts. Bulkeley
Dolliver
Nelson
Taylor
The city is extending right up on this point.
Burkett
Flint
Nixon
Teller
Foraker
Mr. LODGE. I should like to ask at what price land there Carter
Paynter
Clay
Frye
Perkins
has been actually sold?
NAYS—2G.
Mr. FLINT. I do not know anything about that. I do know
Oallingor
McCreary
Tlatt
that a railroad has been built out there. If the land was about Bacon
Bankhead
Stephenson
Hale
McCumber
lloston, would $2,000 au acre be too high a price? There is a Borah
Johnston
Warner
McLaurin
Burrows
Kean
Warren
city growing up there.
Money
du Pont
Wet more
Kittredge
Overman
Mr. LODGE. I do not know how large the city is.
Clarke, Ark.
La Follette
Page
Mr. FLINT. It is a small city.
Frazier
Lodge
Penrose
Mr. LODGE. I asked what land was selling for in that neigh­
NOT VOTING—40.
borhood, and the Senator said he does not know. Now, I ask Aldrich
Owen.
Cummins
Gore
ffffvner
Ankeny
Curtis
Guggenheim
him what is the assessed valuation of the land?
Scott
Daniel
Ilansbrough
Mr. FLINT. The Senator asked me the value of the land. I Bailey
Sinunons
Bourne
Davis
Hopkins
do not know. I am simply relying on the value placed on it Briggs
Smith, Md.
Depew
Knox
Smith, Mich.
Burnham
by the commercial bodies of Los Angeles. If the price is too
Long
Dillingham
Clapp
Stone,
Elkins
McEnery
high, the land can be condemned. It is only, as I have said to
Sutherland
Clark, Wyo.
Foster
Martin
Taliaferro
the Senator from Massachusetts, by reason of the fact that the Crane
Gamble
Milton
Tillman
Gary
Newlands
commercial bodies there have taken an interest in the matter Culberson
that we can obtain the land at the present time for this
The VICE -PRESIDENT. The amendment
au affirmativ e vote.
price.
Mr. ELLY P. I desire to
Mr. LODGE. Mr. President, I think there ought to be
, _
proper fortifications there, and I heartily favor them, and shall eration in the Senate.
The VICE-PRESIDENT. The amendment failed as in ' ,Q
vote for them. I think there ought to be proper fortifications
for a city like Los Angeles. It is a great and growing city, and inittee of the Whole. The Senator caii offer the amendnie-1
this is its port, and it ought to be thoroughly fortified. I have ! the Senate when the bill reaches the Senate. If there art
^
1
no objection in the world to that, but the House put in a pro­ | further amendments to be offered as in Committee of the »*11 *
vision for $250,000, which is $1,400 an acre. We are buying a j the hill will l>e reported to the Senate.
large tract— 170 acres of land— and if the Government can not
The bill was reported to the Senate as amended.
, ,s]Mr. FLINT. I offer the amendment which I sent to the
get"it for $250,000, it can institute condemnation proceedings.
But we have heard this morning of the necessity of saving a few moments ago.
r0.
money and the condition of the revenue. W e have just voted a The VICE-PRESIDENT. The Senator from California I,r
down a measure that has passed the Senate twice, and it was rposes an amendment, which will be read.
The S ecretary. On page 2, line 21, before the word
^ )l]r
voted down by the Senate on that ground. I see the force of it.i
sand ” strike out “ two hundred and fifty ” and insert
Now, we are asked to add $150,000 to the House appropriation/
hundred,” so as to read:
iinjng
and pay $2,300 an acre for land, If we appropriate $250,0001
and the land can not be bought for that sum. condemnation pro-1
For the procurement or reclamation of land, or risat P * ^ vorM
ceedings can be instituted. It is a bad time to add to the appro­
thereto, needed for site, location, construction, or prosecution
priations.
kfor 'ortlflcations and coast defenses, $400,000.
t{]0
The VICE-PRESIDENT. The question is on agreeing to the
The VICE-PRESIDENT. The question is on agreeing to
amendment proposed by the Senator from California. [Put­
amendment just read.
ting the question. ] By the sound, the “ noes ” have it.
Mr. LODGE. On that I ask for the yeas and nays.
H
ied
Mr. FLINT. A division!
The yeas and nays were ordered, and the Secretary Prc
Mr. GALLINGER. Manifestly the yeas and nays will be re­
eonerat
quired if the Senator insists on his amendment, and I ask for to call the roll.
Mr. DEPEW (when his name was called). I have a
the yeas and nays.
pair with the Senator from Louisiana [Mr. M cE nervJ.
The yeas and nays were ordered.
..nnoufl00
Mr. TILLMAN. A parliamentary Inquiry, Mr. President. withhold my vote until he returns.
Mr. FULTON (when his mime was called). I ogain '
i\ir.
What is the question?
my general pair with the junior Senator from Arka

I

CONGRESSIONAL RECORD— SENATE.

1909.

D a v is ] and the transfer of my pair to the senior Senator from
Washington [M r. A n k e n y ]. I vote “ yea.”
Mr. G A M B L E (when his name w as called). I have a general
pair with the senior Senator from Nevada [M r. N e w l a n u s ]. I
transfer that pair to the junior Senator from Illinois [M r. II opKi n s J, and vote. I vote “ yea.”
The roll call was concluded.
Mr. D IL L IN G H A M . I note the absence o f the Senator from
South Carolina [Mi*. T il l m a n ], with whom I have a general
pair. I f he were present I should vote “ nay.”
The result was announced— yeas 32, nays 27, as follow s:
Beveridge

Brandegee

Brown
Buikeley
Burkett
Carter

Clark, Wyo.
Clay

Cuiiom
Dick
Dixon
Dolliver
Flint
Foraker

Frye
Fulton

YEAS— 32.
Gamble
Guggenheim
Ilaosbrough
Hemgnway
Ileyburn

Long
N ixon
Perkins

Piles
Rayner
Richardson
Smoot
Stone
Sutherland
Taylor
Teller

NAYS— 27.

Lodge
Daniel
McCreary
Borah
du Font
Me Cumber
Bourne
Ballinger
McLaurin
Briggs
Johnston
Martin
Kean
Burrows
Money
Kittredge
Clarke, Ark.
La Follette
Page
Cummins
NOT VOTING— 33.
Ilopkins
Davis
Aldrich
Knox
Ankeny
Depew
MeEnery
Bacon
Dillingham
Milton
Bailey
Elkins
Nelson
$urn ham
Foster
Newlands
Glap„
Frazier
Overman
Crane
Gary
./Owen
Gore
Culberson
T a ja le r
Curti.s
Ilule
So Mr. F l in t ’s amendment was agreed to.
Bankhead

Penrose
Platt
Stephenson
Warner
Warren
Wetmorc *
Scott
Simmons
Smith, MdSmith, Mich.
Taliaferro
Tillman

The amendments were ordered to be engrossed and the
to be read a third time.
The bill was read the third time and passed.

LEGISLATIVE, ETC., APPROPRIATION BILL.
Mr. W A R R E N submitted the following report:

the word “ dollars,” insert the follow ing: “ ; or so much thereof
as may be necessary; ” and the Senate agree to the same.
That the House recede from its disagreement to the amend­
ment o f the Senate numbered 59, and agree to the same with an
amendment as follow s: In lieu of the matter inserted by said
Senate amendment insert the follow ing:
“ Index to the Statutes at L arge: For continuing the prepa­
ration of an index to the Statutes at Large of the United States,
ten thousand dollars, to be expended by the Librarian of Con­
gress for the salaries o f the persons whom he employs to pre­
pare the index and for incidental expenses; the scope, classifi­
cation, and style of. the index to be such as the Judiciary Com­
mittee o f the two Houses o f Congress shall direct or approve.”
And the Senate agree to the same.
That under the authority o f House concurrent resolution
No. 67, this session, the bill be amended as fo llo w s:
On page 40, lines 18 and 19, strike out the words “ twelve
thousand dollars ” and insert in lieu thereof the follow in g:
“ eight thousand dollars, and the annual compensation o f the
Secretary o f State, including all emoluments or allowances
fixed by law, except such as were fixed by law prior to the
twenty-sixth day o f February, nineteen hundred and seven,
after the third day o f March, nineteen hundred and nine, is
hereby fixed at eight thousand dollars, and all laws or parts of
laws providing different compensation, emoluments, or allow­
ances are hereby repealed, to take effect on the third day of
March, nineteen hundred and nine, except that so much o f the
unexpended balance of the appropriation o f twelve thousand
dollars for the salary of the Secretary o f State for the fiscal
year nineteen hundred and nine as may be necessary is hereby
made available to pay the said salary as herein fixed at the rate
o f eight thousand dollars per annum from March fourth until
June thirtieth, nineteen hundred and nine, inclusive.”
That the House recede front its disagreement to the amend­
ment of the Senate numbered 72, and agree to the same with
an amendment as follow s: In lieu of the matter proposed by
said amendment insert the follow ing: “ chief clerk, two thou­
sand dollars; ” and the Senate agree to the same.
Th at the House recede from its disagreement to the amend­
ment o f the Senate numbered 100, and agree to the same with an
amendment as follow s: In lieu of the sum proposed insert
"f o r t y thousand nine hundred and eighty d o lla r s ;” and the
Senate agree to the same.
That the House recede from its disagreement to the amend­
ment o f the Senate numbered 108, and agree to the same with
an amendment as follow s: In lieu o f the sum proposed insert
-th r e e thousand five hundred d ollars; ” and the Senate agree

The committee of conference on the disagreeing votes of the
ST0 Houses on the amendments of the Senate to the bill (H . R.
?'H04) making appropriations for the legislative, executive, and
judicial expenses o f the Government for the fiscal year ending
June 3 0 ,101 0, and for other purposes, having met, after full and
Bn* conference have agreed to recommend and do recommend to
,i‘c respective Houses as follow s:
to the same.
I luit the Senate recede from its amendments numbered 28. 30.
That the House recede from its disagreement to the amend­
B 83, 84, 05, 99, 102, 105, 106. 109, 112, 113, 114, 131, 175,
ment of the Senate numbered 136, and agree to the same with
H 7 , 178, 179, 180, 181* and 180.
:m amendment as follow s: In lieu of the matter proposed by
Jhat the House recede from its disagreement to the amend;;tid amendment insert the follow ing: “ one clerk o f class fo u r ;
•ents o f the Senate numbered 3, 2, 3, 5, 0, 8, 9, 10, 13, 32. 13,
and the Semite agree to the same.
.
13, io , 17, 18, 19, 20, 23, 22, 24, 25, 20, 27, 29, 30, 33, 32. 33,
That the House recede from its disagreement to the amend­
33, 3G, 38, 43 , 42, 44, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, ment <»f the Senate numbered 140, and agree to the same with
ku 09» 70,
71,
73,'74,
75,70,77, 78.79.80, 81,82.85,SO,S7,88, amendment as follow s: Strike out the matter inserted by
an
90, 01, 92, 93 04. 06, 07, 98, 101, 103, 104, 107, 110, 111, ll o ,
said Senate amendment and strike out, on page 111, lines 21
S j 117- 118, 119, 120, 121, 122, 123, 324, 125, 126, 327, 128. 120, and 22, and insert in lieu thereof the follow ing:
132, 133, 134! 135, 137, 138, 33!). 143, 142, 143, 144, 14o, 146,
“ s ix Indian inspectors, not required to be engineers, now
in',' 1JS, 140, 150, 151, 152, 153, 154, 155, 158, 159, 160, 1C-. 163, employed and appropriated for in the Indian Department, at
To.,’ ]65, 10(5,107, 168, 171, 172, 173, 174, 183, 184, lco , ISO,
two thusand five hundred dollars each, and said Indian in­
191, and 208, and agree to the same.
I hn A* __
*
—
a. -1 • .a - ... ... P 4 4 ,A n rt1l11_ spectors shall hereafter be termed inspectors, and shall he
__
-1
“
ttte House recede from its disagreement to the amendincluded in the classified service.”
Senate numbered 4, and agree to the same with an
And the Senate agree to the same.
That the House recede from its disagreement to the amend­
saiT‘Klment * fo,Iow s: ln llGU of the matter Rtl’i<;ken out
‘ls
W , amendment insert the follow ing: “ ; hire o f horse and ment of the Senate numbered 15G, and agree to the same with
1 ^ ? ? , ^0r Hie Secretary’s office, four hundred and twenty dol- an amendment as follow s: In |ieu of t^ e a u “ bG 1 ^ 0| ® ^ 1
1* ^
g
<W and the Senate agree to the same.
said amendment insert the follow ing:
six ,
and the Senate
H
ip.
the House recede from its disagreement to the amendr
Ultu« of the Senate numbered 7, and agree to the same with an a% t o t ° t h e CIIouse recede from its disagreement to the amendS V ,;r !Ulont
follow s: In lieu of the sum proposed insert men of the Senate numbered 157, and agree to the same with an
Sein,/!7 ^ o u sa n d four hundred and thirty d o lla r s ;” and the amendment as follow s: In lieu of the sum proposed insert
“ sixty-one thousand two hundred d o lla r s ;” and the Senate
T jJ i a£refi to the same.
^
.
then/ « le House recode from its disagreement to the amend- agree to the same.
A x ..
ahn*ii<i tbft Senate numbered 23, and agree to the same with an
'that the House recede from its disagreement to the amendW w ? eilt as follow s: In lieu o f the sum proposal insert one ment o f the Senate numbered 161, and agree to the same with an
lars •- - f aa(l forty-four thousand nine hundred and twenty dol- amendment as follow s: In lieu of the sum proposed insert
T lm *!?*1 tlie Senate agree to the same.
“ sixty-six thousand dollars; ” and the Senate agree to the same.
hiem‘ ( tho House recede from its disagreement to the aniendThat the House recede from its disagreement to the amend­
auieiKmtae Senate numbered 37, and agree to the same with an ment of the Senate numbered 369, and agree to the same with an
huiuinS*®1 as follow s: In lieu o f the sum proposed insert * one amendment as follow s: In lieu of the number proposed insert
f ° 1Ir
aad sixty-seven thousand seven hundred and forty- “ five; ” and the Senate agree to the same.
Th i /
18 • and the Senate agree to the same.
That the House recede from its disagreement to the amend­
tU
ern.‘ / i ! e House recede from its disagreement to the nmend- ment o f the Senate numbered 170, and agree to the same with an
_
| _ same with an"
a&N*ndnJ . Sonate numbered 45, and agree to the
,tMth "
amendment as follow s: In lieu o f the matter stricken out by
amendment, after
°ht as follow s: At the end o f said ame







CONGRESSIONAL RECORD— SENATE

2936

said amendment insert the following: “ four copyists of maps,
at nine hundred dollars each; ” and the Senate agree to the
same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 182, and agree to the same with an
amendment as follows: In lieu of the sum proposed insert
“ $8,000; ” and the Senate agree to the same.
On amendments numbered 43, 46, 60, 61, 62, 63, 64, 65, 66, 67,
68. 192, 193, 194, 195, 196, 197, 19S, 199, 200, 201, 202, 203, 204,
205, 206, 207, 209, and 210 the committee of conference have
been unable to agree.
F. E. W arren ,
J. A. H em en w a y ,
H. M. T eller,
Managers on the part of the Senate.
H enry H. B in g h a m ,
F. H. G illett ,
L. F. L iv i n g s t o n ,
Managers on the part of the House.
The report was agreed to.
Mr. WARREN. I move that the Senate still further insist
on its amendments in disagreement and ask the House for a
further conference, and that the President of the Senate shall
appoint the conferees ou the part of the Senate.
The motion was agreed t o ; and the Vice-President appointed
Mr. W arren , Mr. H em en w ay , and Mr. T eller conferees on the
part of the Senate at the further conference.
CLARENCE FREDERICK CHAPMAN.

Mr. DICK submitted the following report:
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the hill (H . R.
12499) for the relief of Clarence Frederick Chapman, T S.
J.
Navy, having met, after full and free conference have agreed to
recommend and do recommend to their respective Houses as
follows:
That the Senate recede from its amendment.
C h ar les D ic k ,

T hom as S. M artin ,
J ohn W alter S m it h ,
Managers on the part of the Senate.
T hom as S. B utler ,
E r n e st W. R oberts ,

A. W . Gregg,
Managers on the part of the House.
The report was agreed to.
COURTS IN WASHINGTON AND 0EEG0N.
Mr. FULTON. I am directed by the Committee on the Ju­
diciary, to whom was referred the bill (H. R. 27061) to provide
for the appointment of an additional district judge in and for
the western district of Washington, to report it favorably with
an amendment, and I submit a report (No. 1070) thereon.
Mr. PILES. I ask unanimous consent for the present consid­
eration of the bill.
The Secretary read the b ill; and there being no objection, the
Senate, as in Committee of the Whole, proceeded to its consid­
eration.
The amendment was to add to the bill the following addi­
tional sections:
Sec. 3. That the President of the United States, by and with the
advice and consent of the Senate, shall appoint an additional judge of
the district court of the United States for the district of Oregon, who
shall reside in said district and who shall possess the same powers,
perform the same duties, and receive the same salary as the present
jUSp i
V

S hatd the'present district judge in said district of Oregon and
T
the one appointed under this act sbaUagree between themselves upon the
division of business and assignment of cases for tria In said district:
P r o v i d e d , h o w e v e r , That in case the said two district judges do not
asrree. the senior circuit judge of the ninth circuit shall make all necessary orders for the division of business and the assignment of cases for
trial in said district.
,
., . . ,
Sec. 5. That hereafter, and until otherwise provided by law, in addi­
tion to the terms of the United States circuit and district courts nowrequired by law to be held at the city of Portland, in the district of
Oregon, there shall be held annually one term of said courts at the fol­
lowing-named places in said district of Oregon at the tiroes hereinafter
stated, namely: At Pendleton on the first Tuesday of April each year
and at Medfoid on the first Tuesday of October each year.
Sec. 6 . That the marshal and clerk of the district of Oregon shall
each, respectively, appoint at least one deputy to reside in each of said
towns of Pendleton and Medford, in said district of Oregon, and he
shall maintain an office in each of said places.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.

F ebruary 23,

The amendment was ordered to be engrossed and the bill to
be read a third time.
The bill was read the third time and passed.
The title was amended so as to read: “A bill to provide for
the appointment of one additional district judge in and for the
western district of Washington, and one additional district
judge in and for the district of Oregon.”
INDIANS OF FORT BERTHOI.D RESERVATION.

Mr. McCUMBER. I move that the House he requested to
return to the Senate the bill (S. 8918) to provide for the pay­
ment to certain Indians o f Fort Berthold Indian R eservation,
in North Dakota, for certain horses condemned and destroyed
by tlie Bureau of Animal Industry in the years 1906 and 190*.
I will state that the same provision is in the Indian appropria­
tion hill, which has passed the House and passed the Senate.
The motion was agreed to.
Mr. McCUMBER. I enter a motion to reconsider the votes
by which the bill was ordered to a third reading and passed.
AGRICULTURAL APPROPRIATION BILL.

Mr. WARREN. I ask the Senate to resume the considera­
tion of the agricultural appropriation bill.
There being no objection, the Senate, as in Committee of th®
Whole, resumed the consideration of the bill (H. R. 27053)
making appropriations for the Department of Agriculture for
the fiscal year ending June 30, 1910.
Mr. LA FOLLETTE. I ask that there may be printed in the
R ecord, so that it will appear as a part of the proceedings
the consideration of this bill, the table showing the various
changes in the course of the hill which the committee incor­
porated in its report.
Mr. WARREN. I understand the Senator wishes to have the
report printed in the R ecord.
Mr. LA FOLLETTE. Not the entire report, but the table.
I have no objection to the entire report being printed. 1 tliiuK
perhaps it would be well that the entire report should be
printed.
Mr. WARREN. I ask the Senator to make the request.
Mr. LA FOLLETTE. I will make that request, that the en­
tire report, which is not very long, but which contains some mat­
ters which I think might well be printed, may be printed in the
R ecord in connection with the consideration of the bill and Pre*
liminary to it.
,
There being no objection, the report was ordered to be printed
in the R ecord, as follows:
[Senate Report No. 1055, Sixtieth Congress, second session. 1
Mr. W arrem , from the Committee on Agriculture and Forestry, id
mitted the following report to accompany II. It. 27053:
.
id Forestry, tr> which
The Committee on Agriculture and F orest rr to which was referred
the bill (II. R. 27053) making appropriations for the Department of
.
Agriculture for the fiscal year ending June 30, 1910, having console
the same, report it back to the Senate with amendments :
The amount carried by this hill for tbe Department of
r the
0- q
Agriculture is___________________ ........... ............. ............$13, 773,
12,-883,8f
The House bill carried for the same work______________
The actual increase by your committee over the
amount as passed by the House is_____________
The changes In. the bill arc as follows:

,-

q

SECRETARY'S OFFICE.

The salary of the solicitor is advanced from 51,000 to $4A00. m j„[
increase is made for the purpose of making the salary of this 01 . er
conform more nearly to the salaries paid to law officers in e
.
departments. In no case does the law officer of any department, e
the Department of Agriculture, receive a salary of less than • • f0
*
per annum. The salary of the stenographer and executive‘
the Secretary of Agriculture is increased from $ 2,000 to $2,25tL
^
employee has occupied this position for about eleven years, ana
increasing extent and complication of the work of the Secretarys ' (lc
_
would seem to entitle him to this small Increase. His duties ,nt T[je
not only stenographic dictation but much executive work besides. »
salary of the inspector Is advanced from $2,000 to $2 ,500 . H° ' . je3
only inspector attached to the office of the Secretary, and his “
r.
are largely confidential in character and are performed under tt. > c
sonal supervision of the Secretary. Thev cover n very bTO, .vmtv
and require great tact and tine judgment in addition to general a anjj
and a knowledge of the work lieing carried on by all tbe b“ re;,n|
il.;tor
offices of tiie department. The increases in the salaries of_the »
ollt
and the inspector were reported by the House committee, but weu
on points of order on the floor of the House. The total inert. this office is $1,250.
■W A E BU
E TH R
REAU.
jn
The only increase in the appropriation for the Weather Bureau^
the salary of the chief of the bureau, which is advanced from
j. 0f
$6,000. This has been done in order to make his salary equal to i •£ 0f
other government officials of the same rank. There is no other ruj- the
a scientific bureau appointed by the President and confirmed Ug^r
Senate who does not receive at least *0,000 per annum. I in ludi0^
must direct the operations of his bureau every tiny in the year, in*
Sundays and holidays, until a late hour each night. The presen
^
of the Weather Bureau lias served continuously in this bureau ^lef.
last thirty-two rears, and during the last fourteen years ns n- v ,ars,
He has not received recognition by promotion for a number ''
although the metereological service of the United States, as a

•

1909.

•
.

...

.

; -----------

CONGRESSIONAL RECORD— SENATE.

in turn ships it to Chicago would not even be the beneficiary
o f the law, even if the law is beneficial from a financial point
o f view.
Mr. M cC U M B E R . The Senator is entirely mistaken in his
proposition, or, rather, he is partially mistaken as to the general
rule in regard to the sale of grain, and entirely mistaken with
reference to his conclusion as to whether or not the farmer
would be benefited.
In the first instance, let me say to the Senator, especially in
my State, where we have very large farm s, very much o f the
grain is shipped out directly from the farm s in carload lots to
the great terminals, Chicago, Minneapolis, D uluth, and Superior.
Mr. B A IL E Y . That is the case with the large farmer. H ow
is it with the sm all farm er?
Mr. M cC U M B E R . They are all pretty large farmers there.
W e do not have very many o f-w h a t might be called “ small
farm ers.” They might all be called “ large fa rm e rs” in that
section o f the country.
,,
.
, _
,
Mr. B A IL E Y . They ought to he able to take care of them­
selves, then, without the help of the Government.
Mr. M cC U M B E R . They are farm ing all the way from 600
to 6,000 acres each.
COMPANIES B, C, AND D, TWENTY-FIFTH INFANTRY.
The V IC E -P R E S ID E N T . The hour o f 4 o’clock having ar­
rived. the Senate will proceed, under the unanimous-consent
agreement, to vote upon Senate bill 5(20 and amendments pend­
ing and to be offered.
The Senate as in Committee of the W hole, resumed con­
sideration of the bill (S. 5729) to correct the records and au­
thorize the reeulistment of certain non com missioned officers and
enlisted men belonging to Companies B, C, and D of the lw e n t jfiftli U. S. Infantry who were discharged without honor under
Special Orders, No. 266, W a r Department, November 9, 1906, and
the restoration to them o f all rights of which they have been
deprived on account thereof.
Mr. W A R R E N . I ask permission to say that I shall endeavor
to have the agricultural appropriation bill taken up and its con­
sideration continued on to-morrow morning, immediately after
the routine morning business.
The V IC E -P R E S ID E N T . The question is on the amendment
Proposed by the Senator from Virginia [M r. D a n ie l ], to strike
cut section 2.
Mr. B AC O N . Mr. President, in order that we may vote in­
telligently, it will he necessary that the bill should be read as
'veil as the amendment. 1 have no doubt they have been read
heretofore, but many o f us are not fam iliar with them, and I
desire to have the bill read.
Mr. F O R A K E R . The original bill w as read, and the amend­
ment, which was offered as a substitute and adopted, was also
read at the time that it was agreed upon, so that I suppose the
call of the Senator from Georgia has reference only to the sub­
stitute.
The V IC E -P R E S ID E N T . Under the order of the Senate the
substitute is the bill before the Senate. Does the Senator from
Georgia desire that the substitute be again read to the Senate?
Mr. BAC O N. I f I am to vote upon it, I certainly do, because
1 do not know what it is.
The V IC E -P R E S ID E N T . The Secretary w ill read the bill.
The Secretary read the substitute b ill, a s f o l lo w s :

ho it enacted etc That the Secretary of War is herebv authorized
to appoint a court of inquiry, to consist of five officers of the I nited
States Army, not below t h e ‘rank of colonel, which court shall be au­
thorized to hear and report upon all charges and testimony relating
to the shooting afTrav which took place at Brownsville, Jex., on the
m«ht of AugUSt 13-14, 1 >00 Said court shall, within one year from
the date of Its appointment, make a final report, and from time to
time shall make partial reports, to the Secretary of War of the results
9 ? such inquiry, and such soldiers and noncommissioned officers of
companies I?, C, nnd D of the Twenty-fifth Regiment U. S. Infantrj
ivho were discharged from the military service as members o f said
Jr/htttt'nt under the provisions of Special Orders, No. “
rt
the War Department the 9th day of November, 1900, as said court
find and report as qualified for e n lis tm e n t in the Army of the
united States shall thereby become efigM®
p r i v a t e 6 who .drill be
Kkc. *2 Thnf finv iiniicornrnissioncd officci or pnvflto
^ sufiii d©
?hjde eligible fo^ree'nl 1 tnient under the provisions of the preceding
s
JcMon sta b , if reenlisted, he considered to ave r e ^ 11
JmmedUdely
i f r ids discharge under the provisions of O*®. I , diseliaree under
,
Jofore cited, and to he entitled, from the daie of his dUeharge unaer
th<! ■Pedal order, to the pay. allowances, a 1 ’,, ‘'m ,J f i his rank from
mat he would have been entitled to receive a i l i n g to ™ r a n d o m
nrolid?te of discharge as If he had been honorary
■ r
Provisions of sahl special order and had reenllsted immediately.
The V IC E -P R E S ID E N T . The question is o n t h e !}m* “ dment
Proposal by the Senator from Virginia [M r. O a n ie l ] ’ * r ? the
^ it section 2 of the bill.
[Putting the question.]
B. the
’oiiiHl the “ noes ” have it.
Mr. D A N IE L . I ask for the yeas and nays,
lho yeas and nays were ordered, and the Secretaij pi octet a
t0 ^11 the roll.




2947

Mr. G A L L IN G E R (when Mr. B u r n h a m ’ s name was called ).
M y colleague [M r. B u r n h a m ] is unavoidably absent from the
citv. H e instructed me to say that if present he would vote
in favor o f this bill.
I learn that the junior Senator from
Illinois [M r. H o p k in s ] is likewise absent, and that he would
vote against the bill, so I will ask that my colleague and the
junior Senator from Illinois be paired on this question.
Mr. F L IN T (when his name was called). I am paired with
the senior Senator from Texas [Mr. C ulberson ]. I f he were
present, I should vote “ nay.”
M r. F U L T O N (when his name w as called). I have a general
pair with the junior Senator from Arkansas [All*. D a v is ].
W ere he present, I should vote “ nay.”
Mr. O W E N (when his name was called ). I transfer m y
p a ir with the Senator from Illinois [M r. H o p k in s ] to the Sena­
tor from Arkansas [Mr. D a v is ] who is absent, thus leaving the
Senator from Oregon [M r. F u lto n ] and m yself free to vote. I
vote “ yea.”
Mr. SC O TT (when his name was called ). I have a general
pair with the senior Senator from Florida [M r. T aliaferro ],
A s lie is not present. I will withhold m y vote. I f he were pres­
ent, I should vote “ nay.”
Mr. T IL L M A N (when his name was called). I want to ex­
plain, if I may be permitted to do so, why I shall vote the way I
do on this proposition.
The V IC E -P R E S ID E N T . Is there objection?
Mr. T IL L M A N . Can I do it now?
The V IC E -P R E S ID E N T . I f there is no objection------Several S en ato rs . Let. the vole proceed.
The V IC E -P R E S ID E N T . There is objection.
Mr. T IL L M A N . Then I will vote “ yea,” and will explain my
vote later.
The roll call was concluded.
Mr. F U LTO N . Under the transfer o f pairs made by the Sen­
ator from Oklahoma [Air. O w e n ], 1 am at liberty to vote, as I
understand. I vote “ nay.”
Mr. SM OOT. My colleague [M r. S u t h e r l a n d ] is unavoid­
ably absent from the Chamber. I f he were present, he would
vote “ nay.”
The result was announced— yeas 27, nays 5G, as fo llo w s:
YEAS— 27.
Rayner
Frazier
Martin
Bacon
Simmons
Gary
Milton
Bailey
Smith, Md.
Gore
Money
Bankhead
Stone
Johnston
Newlands
Clarke, Ark.
Taylor
McCreary
Overman
Clay
Tillman
McEnery
Owen_,
Daniel
McLaurin
TSTynter
Foster
NAYS— 50.
Nixon
Gamble
Cullom
Aldrich
Page
Guggenheim
Cummins
Beveridge
Penrose
Hale
Curtis
Borah
Perkins
Jl-ansbrough
Depew
Bourne
Piles
Hemenway
Dick
Brandegee
Platt
Heyburn
Dillingham
Briggs
Richardson
Kean
Dixon Brown
Smith, Mich.
Kittredge
Dolliver
Bulkeley
Smoot
Knox
du Pont
Burkett
Stephenson
La Follette
Elkins
Burrows
Teller
Lodge
Foraker
Carter
Warner
Long
Frye
Clapp
Warren
McCumber
Fulton
Clark, Wyo.
Wetmore
Nelson
Gallinger
Crane
NOT VOTING— 9.
Sutherland
Hopkins
Ankeny
B^vis
Taliaferro
Scott
Burnham
H int
Culberson
. , ,
So Mr. D a n ie l ’ s amendment to the amendment was rejected.
The substitute was agreed to.
The bill was reported to the Senate as amended, and the
aUM r^ T IL L M A N ?0IMr!'President, it will be recalled that when
the Brownsville matter first came into the Senate I took the
IK
>\fr V1 D R IC H 1 1 dislike to call attention to the fact that
under ihe unanimous-consent agreement there is to be no dis; m The Senator may make his explanation after the vote
~
n
taken
I iRslike to call attention to the fact, but it is
• dangerous precedent to establish, to permit any discussion
w hen by unanimous consent, we are to take a vote without
de\l’iU T IL L M A N . I am not making any discussion.
Mr! A L D R IC H . It is equivalent to that.
Mr T IL L M A N . I am merely trying to give tlie reason for
mv vote. O f course, if the Senate will not give me permission
to explain my vote, I can not help myself.
The V IC E -P R E S ID E N T . Under the unanimous-consent agree­
m ent nothing is in order except to vote.
Mr T IL L M A N . Am I permitted, under the ruling o f the
Chair, to make an explanation now or not?

4




2948

CONGRESSIONAL RECORD— SENATE.

The VICE-PRESIDENT. The Chair is of opinion that if
there is objection that can not be done.
Mr. TILLMAN. Of course I have to yield.
The bill was ordered to be engrossed for a third reading and
was read the third time.
The VICE-PRESIDENT. The question is, Shall the bill pass?
Mr. FORAKER. I ask for a yea-and-nay vote.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
M r. GALLINGER (when Mr. B u r n h a m ' s name w as c a lle d ).
I again announce the pair of my colleague [Mr. B u r n h a m ] w ith
the junior Senator from Illinois [Mr. H o p k i n s ] . If m y col­
league were present, he would vote “ yea.”
Mr. BAILEY (when Mr. C u lb e bs o n ’ s name was.called). My
colleague [Mr. C u l b e r so n ] is unavoidably absent. If he were
here, he would vote “ nay.”
Mr. FLINT (when his name was called). I am paired with
the senior Senator from Texas [Mr. C u l b e r so n ] . If he were
present and voting, I should vote “ yea.”
Mr. FULTON (when his name was called). I again announce
my general pair with the junior Senator from Arkansas [Mr.
D a v i s ], but subject to the approval of the Senator from Okla­
homa [Mr. O w e n ], who is temporarily absent from the Cham­
ber and who is paired with the junior Senator from Illinois
[Mr. H o p k i n s ] , I transfer my pair to the junior Senator from
Illinois [Mr. H o p k i n s ] , and will vote. I vote “ yea.”
Mr. SCOTT (when his name was called). I again announce
my pair with the senior Senator from Florida [Mr. T a l i a ­
ferro ].
If he were present, I should certainly vote “ yea.”
The roll call was concluded.
Mr. FULTON (after having voted in the affirmative). I un­
derstand that the junior Senator from Illinois [Mr. H o p k i n s ],
to whom I transferred my pair, has already beeD paired with
the Senator from New Hampshire [Mr. B u r n h a m ] , I under­
stand, also, that he is opposed to the measure. Therefore I
withdraw my vote.
The result was announced— yeas 5G, nays 26, as follows:
YEAS— 5G.
Guggenheim
Page
Cullom
Aldrich
Hale
Penrose
Cummins
Beveridge
Hansbrough
Perkins
Curtis
Borah
Hemcnway
Piles
Depew
Bourne
Heyburn
Platt
Dick
Brandegee
Kean
Richardson
Dillingham
Briggs
Kittredge
Smith. Mich.
Diion
Brown
Smoot
Knox
Dolliver
Bulkeley
Stephenson
La Follette
du Pont
Burkett
Sutherland
Lodge
Elkins
Burrows
Teller
Long
Foraker
Carter
McCumber
Warner
Frye
Clapp
Warren
Nelson
Gallinger
Clark, Wyo.
Wet more
Nixon
Gamble
Crane

Februaky 23,

guilty, and proving a negative is an impossibility. But my
attitude is that somebody shot up Brownsville, and I believe
some of the negroes did it, but not more than 25 of them
were ever charged with it, while 168 were discharged. Now,
to turn the whole bunch back into the army, as they doubtless
will be, will be to admit into the service of the United States
some men who have committed murder, for there is no doubt in
my mind that you will never be able to find out who com­
mitted this crime. Therefore, as I did not want innocent men
to be kicked out of the army, I do not want any guilty men to
get back into the army, and so I voted “ nay ” on this proposi­
tion.
PENSION APPROPRIATION BILL.
The VICE-PRESIDENT laid before the Senate the action of
the House of Representatives disagreeing to the amendments
of the Senate to the bill (II. R. 26203) making appropriations
for the payment of invalid and other pensions of the United
States for the fiscal year ending June 30, 1910, and for other
purposes, and requesting a conference with the Senate on th<f
disagreeing votes of the two Houses thereon.
Mr. McCUMBER. I move that the Senate insist upon it*>
amendments and agree to the conference asked for by the House
and that the conferees on the part of the Senate be appointed
by the Chair.
The motion was agreed t o ; and the Vice-President appointed
Mr. B urnham , Mr. Curtis , and Mr. T aylor as the conferee?
on the part of the Senate.
RESURVEY OF PUBLIC LANDS.
The VICE-PRESIDENT laid before tbe Senate the action of
the House of Representatives disagreeing to the amendments ot
the Senate to the bill (H. R. 24835) authorizing the necessary
resurvey of public lands, and requesting a conference with the
Senate on the disagreeing votes of the two Houses thereon.
Mr. SMOOT. I move that the Senate insist upon its amend­
ments and accede to the request for a conference, the conferees
on the part of the Senate to be appointed by the Vice-President.
The motion was agreed to; and the Vice-President appointed
as the conferees on the part of the Senate Mr, S moot , Mr.
F lint , and Mr. B ankhead .
PENSIONS AND INCREASES OF PENSIONS.

Mr. HALE. I desire to move that the Senate adjourn, but I
will withhold the motion for a moment because the Senator
from North Dakota wishes to prefer a request.
Mr. McCUMBER. I ask unanimous consent that the Senate
proceed to the consideration of unobjected pension bills on tbe
calendar, and that no other business be conducted by the Senate
during this legislative day.
NAYS— 26.
The VICE-PRESIDENT. The Senator from North D akota
Simmons
Milton
Frazier
asks unanimous consent that the Senate proceed to the con­
Bacon
Smith, Md.
Money
Gary
Bailey
sideration of unobjected pension bills on the calendar, and that
Stone
Newlands
Gore
Bankhead
Taylor
no other business be considered during the remainder of to­
Overman
Johnston
Clarke, Ark.
Tillman
Gtf'on
McCreary
day’s session. Is there objection? The Chair hears none, and
Clay
Faynfer
MeEnery
Daniel
it is so ordered. The Secretary will state the first bill m
Rayner
McLaunn
Foster
order.
NOT VOTING— 10.
The bill (S. 9278) granting pensions and increase of pensions
Taliaferro
Hopkins
Davis
Ankeny
to certain soldiers and sailors of wars other than the civil
Martin
Flint
Burnham
Scott
war, and to certain dependent relatives of such soldiers and
Fulton
Culberson
sailors, was considered as in Committee of the Whole. It pro*
So the bill was passed.
Mr. TILLMAN. Mr. President, I wish briefly to explain my poses to pension the following persons at the rate per mouth
stated:
vote on this bill.
Thomas H. Reynolds, late major, Thirty-second Regiment
When the Brownsville matter was first brought into the Sen­
ate I took the position, I believe alone among Democrats, that Michigan Volunteer Infantry.
Perry Duncan, late of Company G, Sixth Regiment Ohio
the President was not warranted in his action; that his dis­
missal of the troops under the conditions and circumstances unteer Infantry, war with Spain, $10.
A n n a Sterr, dependent mother of Frank Sterr, late of Com­
was cruel and contrary to all ideas of justice which I had ever
read about or thought about. The majority of the Senate then pany I, Fifth Regiment U. S. Cavalry, war with Spain, $12.
George W. Webb, late second lieutenant Company H, Tw entytook a contrary position and sustained him. The Senate to-day
has reversed and stultified itself and emphatically condemned his fifth Regiment U. S. Infantry, $24,
Frances G. Webster, dependent mother of James C. Webber,
action by the step which it has just taken, which permits all
of these troops to be reenlisted under certain conditions— guilty late of Company A, Ninth Regiment U. S. Infantry, war wit
Spain, $24.
and innocent alike.
.
.
Calvin W . Cooke, late captain, First Regiment Oregon Rd
My position then was that the President ought not to have
«
dismissed and punished innocent men because some men were men, Cayuse Indian war, $16.
Mary R. Greer, widow of John E. Greer, late colonel, Oruguilty. We have to-day illustrated what used to be called on
«
the Scotch border “ Jedwood justice.” When the lords of the nance Corps, U. S. Army, $40.
Byron H . Bronson, late of Company I, Fifth R egim ent L . *•
marches caught some man who might have been suspected of
stealing cattle or committing some other offense, they would Infantry, and first-class private, Signal Corps, U. 8. Army, ' •
Alexander Snodgrass, late of Company G, Eighth Regime* *
hang him first and then try him afterwards. These negroes
have been “ hanged,” so far as the President conld do it, and and Company K, First Regiment U. 8. Infantry, $20.
Florence Van Etta, former widow of John H. rurcell, late
now the Senate proposes to give them a trial and a tardy jus­
T «
tice to those who may be able to prove their innocence, although lieutenant, First Regiment U. S, Infantry, $20.
George Stevens, late of Company C, Twelfth R egim ent U. •
I doubt if any can prove it. But it is a cardinal legal prin­
ciple that a man must be considered innocent until he is proved Infantry, war with Spain, $50.

1909.

CONGRESSIONAL RECORD— SENATE.

3077

their time and poured out the treasures of their learning and
Mr. T IL L M A N . Mr. President------their experience for the benefit of the farming population of
The V IC E -P R E SID E N T . Does the Senator from Iowr yield
a
the United States, and I say to you that if the Senate of the to the Senator from South Carolina?
United States treats with disparagement and disrespect these
Air. D O L L IV E R . Certainly.
labors thus freely performed at the request o f the President of
Air. T IL L M A N . The Senator having called to mind the name
the United States under the direction of the Department of of Air. Barrett, I will state that Air. Barrett is now in this city,
Agriculture, they offer an affront to more than half the popula­ along with other actual farmers, endeavoring to get- some re­
tion of the United States. And when my good friend from lief from Congress in legislation to protect us against the
South Carolina [Mr. T il l m a n ] suggests that the work o f this thieves and robbers on the cotton and grain exchanges o f New
commission, so far as the Southern States are concerned, was York and Chicago, and I hope the Senator’s zeal for agricul­
valueless, I call liis attention to a name signed to the report of ture and for genuine farmers will not “ peter out ” when the vote
the Country Life Commission that is honored in his own State comes on those propositions.
and everywhere throughout the South for the vigilant attention
Air. D O LLIV E R . I will say that I have already had the
he has given to the practical needs o f the farmers of the South honor to report from the committee the bill introduced by our
in the efforts they have been mailing to build up their agricul­ friend from North Dakota [Air. AIcCumber ], which undertakes
tural industries.
to deal in a practical way with some o f the dark and mysterious
Mr. T IL L M A N . W ill the Senator please give the name?
schemes that are practiced on boards of trade in the terminal
Mr. D O L L IV E R . I will say to the Senator from South Caro­ markets o f the United States.
lina it is Mr, Barrett, president of a society of actual farmers,
Air. T IL L M A N . I hope we shall not let it die between now
representing, I understand, millions of people from every State and the 4th of Alarch.
of the South, whose representatives are now assembled in this
ATr. D O LLIV E R . I am afraid it will die.
city at the annual meeting of their organization.
Air. TILLAIAN. Such bills always die.
Mr. T IL L M A N . I know him.
Air. D O L L IV E R . But I will say to my friend that it will
Mr. D O L L IV E R . I believe that the evidence taken by this come to early in the session o f the next Congress.
Air. TIL L M A N . I will remember that promise.
commission in relation to the condition o f agriculture in the
Mr. D O L L IV E R . But, Air. President, this is a question of
South is of more value than most o f the agricultural literature
order. This amendment is objected to because it is general
that we have been printing for years.
legislation.
Mr. T IL L M A N . Mr. President------Air. K E A N . And the appropriation not estimated for.
The V IC E -P R E SID E N T . Does the Senator from Iowa yield
Air. DOLLIArEK. And not estimated for.
I hold that it
to the Senator from South Carolina?
is in order because it is a substantial compliance with the esti­
Mr. D O L L IV E R . Certainly.
Mr. T IL L M A N . I want to demur to that statement, because mate of the department, and instead of being general legisla­
I jo in my friend the Senator from Mississippi [Mr. M o n ey ] tion it is a mere appropriation to execute the general law, by
in my appreciation o f the work of James Wilson. For the Sen­ virtue of which the Agricultural Department exists and trans­
ator from Iowa to undertake to say that the little examination acts its business.
Mr. W A R R E N . Air. President, I have only a word to say on
and survey made by the Commission on Country Life in our part
of the country is superior in value to the reports issued by Mr. ..the point of order. I agree absolutely with my colleague on the
Wilson is, I think, a reflection on his friend from Iowa, to which committee [Air. D olliyek] that there is law enough for inserting
I must demur.
this provision under the original law creating the Agricultural
t Air. D O L L IV E R . O f course, I mean no reflection upon any- Department.
Furthermore, there is an estimate for this
body; but one of the reasons I feel an anxiety about this matter amount, and, still further, it is recommended by a committee,
ts that the Secretary of Agriculture, under whose immediate
? 'cno'v of 110 Poin1- of order that can be successfully made
direction these inquiries were prosecuted and who is now the i agamst the amendment. It can not be general legislation when
custodian of this unpublished literature, came before our com- ^ Provi(fes for one year an appropriation precisely and exactly
along the lines that the “ organic act,” if I may term it such, of
ttdttee, and in most earnest terms asked Congress to enable
this department so clearly lays out.
“ ffl to scatter broadcast throughout the United States these
Air. K E A N . Mr. President------8uggestions and advices from the farmers of the country, on
The V IC E -P R E SID E N T . Does the Senator from Wyom ing
Account o f their unquestionable interest to the people o f the
yield to the Senator from New Jersey?
United States.
Air. W A R R E N . I do.
Mr. T IL L M A N . I call the Senator’s attention to the fact
Air. K E A N . I only want to call the attention o f the Senator
that this bill carries some $ 13,000,000, and when this depart- from Wyoming to the language of the Department of Agriculture
was first organized I think it carried about $4,000,000. It in g e n in g m the i
sending in the estimate. They make the estimate in the
J
?as risen by leaps and bounds, doubling and doubling and/ following language:
UDIlng------■
n_-II
For all necessary ,
expenses to enable the Commission on Country
Life, under the direction of the Secretary of Agriculture, to digest,
Wr. D O L L IV E R . Yes.
compile, and publish the material already gathered by the commission
Mr. T IL L B la N-. And w e do n o t know w h ere it w ill ......
11
“ " " M Au
"
.................. go. "1 and to complete its work, including the employment of the necessary
* re ls anything of essential v a lu e
e
th e se
have)
*>,Cl e . is a n y th in g o f e sse n tia l value in these papers, I hav€^ clerical assistance in the city of Washington and elsewhere, §25,000
.
enough confidence in J a m e s AVilson to b elieve th a t, w ith theh
That is the estimate sent to Congress.
*oree a lrea d y at h is hand, he w ill fish it o u t and put it in V Air. W A R R E N . Certainly.
Dciut in the form of a bulletin or in some other form.
Air. K E A N . There is no estimate whatever for what the
Air. D O L L IV E R . Air. President, it is true that the expenses amendment now proposes.
the Department of Agriculture have grown, but they have
Mr. W A R R E N . The Senator from New Jersey certainly
1 grown more largely than our population; they have not would not do himself or other Senators the injustice— he would
f)wn more rapidly than the duties Congress has from year to not do his own intelligence the injustice— to say that the exact
<lr ini posed upon that department,
language which comes in here in official estimates is always
de i Visl1 tlley would grow more. I would be glad to see a great incorporated in a bill.
,
„
Air K E A N . I think In nearly every bill which the Senator
of money that is now cheerfully and enthusiastically voted
from Wyom ing brings in here the language of the department
“ to enterprises that are o f very doubtful value— I would be glad
usually incorporated.
th ^
some of tllese fund® diverted so that the Government of
Air. W A R R E N . Furthermore, let me read the amendment
Jr® 'm te d States might be able, unhampered by the question of
juoney, to render real and vital service to our people on even a / a ga in :
To enable the Commission on Country Life, under the direction of the
ger scale than it has so far been able to do.
Secretary of Agriculture—
tl/ a° not complain o f the size o f the appropriation reported bji
Now, we simply put it directly under the Secretary of Agrit *f, f 0nimlttee for the Department o f Agriculture. I shall eer-'
ilture.
•
.
, _
,
not begin to complain about it until it goes a little beyond
Air. K E A N . That is what the Agricultural Department asks.
o f one of tho ships which we are annually adding to the
Mr! W A R R E N . It is practically the sam e; but the right of
• ami tear o f the sea under various motives o f enthusiasm
ithe committee to use the estimate and change the language of
.^ P a t r i o t i s m . I believe that money spent to forward the
course must be admitted in every case. The estimates are not
Wb£i!Ca industries in which our people are engaged, and by
intended to be in the words of the law. They simply suggest
fen i , *?eai’iy one-half o f them make their living, can be dethe amount and the purpose for which it is to be used.
orein
n this forum and everywhere else about as well as the
Mr. K E A N . Air. President, I still insist that the amendment
Urn ilnr^ aPPropriations which are made by the Government of
is general legislation and not estimated for.
e united states.







F ebruary 25,
Mr. WARREN. If the Vice-President would like to see the
language of the estimate, which comes here in the usual form
that estimates come in, I will send it to the Chair.
The VICE-PRESIDENT. The Chair will submit the question
to the Senate: Is the amendment in order? [Putting the ques­
tion.] The Chair is unable to decide and will again put the
question.Mr. KEAN. I ask for the yeas and nays.
The yeas and nays were ordered.
Mr. FORAKER. Let the question be stated.
The VICE-PRESIDENT. The question is whether the amend­
ment reported by the committee is in order.
Mr. FORAKER. Let the amendment be stated.
The VICE-PRESIDENT. The Secretary will state the amend­
ment.
,
The Secbetary. After line 23, on page 55, it is proposed to
/ insert:
Commission on Country L ife: F op all necessary expenses to enable
the Secretary of Agriculture to digest, compile, and publish the material
already gathered by the Commission on Country Life, including the em­
ployment of the necessary clerical assistance in the city of Washington
and elsewhere, $25,000.
V
Mr. CUMMINS. Mr. President, is the question whether the
point of order shall be sustained?
The VICE-PRESIDENT. The question is whether the amend­
ment is in order.
The Secretary proceeded to call the roll.
Mr. FULTON (when his name was called). I have a general
pair with the junior Senator from Arkansas [Mr. D avis ]. A s
he is absent, I withhold nay vote.
Mr. KITTREDGE (when his name was called). I have a
general pair with the senior Senator from Tennessee [Mr. F ra­
zier]. In his absence, I withhold my vote.
The roll call was concluded.
Mr. SIMMONS. I desire to inquire if the junior Senator from
Minnesota [Mr. C lapp] has voted?
The VICE-PRESIDENT. The Chair is informed that he has
not voted.
Mr. SIMMONS. I have a general pair with that Senator, and
as he is absent I withhold my vote.
The result was announced— yeas 4S, nays 19, as follows;
Bacon
Bankhead
Borah
Bourne
Brown
Burkett
Burnham
Burrows
Clay
Cullom
Cummins
Curtis
Aldrich
Bailey
Brandegee
Brings
Bulkeley

Depew
Dick
Dixon
I)ol liver
du Pont
Elkins
Flint
Foster
Frazier
Frye
Gamble
Guggenheim

YEAS—48.
Hansbrough
La Follette
Lodge
Long
McCreary
MeCumber
Newlands
Overman
Owen_
Page
Paynter
Perkins

NAYS— 19.
Johns ton
Carter
Kean
Clarke, Ark.
Martin
Foraker
Gallinger
Money
Heyburn
Nelson
NOT VOTING— 23.
Hopkins
Davis
Dillingham
Kittredge
Fulton
Knox
Gary
McEnerv
Gore
McLaurin
Hale
Milton
Nixon
Ilemenway

Piles
Rayner
Richardson
Scott
Smith. Md.
Smith, Mich.
Stephenson
Stone
Sutherland
Taylor
Warner
Warren
Penrose
Taliaferro
Teller
Tillman

Ankeny
Platt
Simmons
Beveridge
Smoot
Clapp
Clark. Wyo.
Wetmore
Crane
Culberson
Daniel
So the amendment was decided to lie in order.
The VICE-PRESIDENT. The question recurs on agreeing
to the amendment as modified.
The amendment as modified was agreed to.
The reading of the bill was resumed.
The next amendment of the Committee on Agriculture and
Forestry was, on page D , after line 5, to insert:
C
Commission on alcoholic liquor traffic: That a commission Is here­
by created, to be called “ The commission on the alcoholic liquor
traffic,” to be composed as follow s: Five Members of the Senate, to be
appointed by the President of the Senate, and five Members of the
House of Representatives, to be appointed by the Speaker. It shall be
the duty of this commission to make an exhaustive and impartial in­
vestigation with respect to the character nnd effect of excise and
liquor legislation upon the products of agriculture and the use of said
products in the manufacture of alcoholic liquors; to Investigate the
alcoholic liquor traffic in its relation to revenue and taxation, to immi­
gration. and its general economic and moral influence and bearing in
connection with public health and the general welfare of the people;
the relation of the General Government thereto In Its various depart­
ments, and to the different States in the exercise of their police powers
for the regulation, control, or prohibition thereof.
Mr. PENROSE. I make the point of order that the amend­
ment is general legislation.
Mr. GALLINGER. Let the entire amendment be read.

The VICE-PRESIDENT. The Chair will recognize the Sen­
ator from Pennsylvania when the reading of the amendment
shall have been completed.
Mr. PENROSE. I make the point of order on the first para­
graph, but will withhold it until the whole amendment is read,
when I shall renew the point of order on the whole amend­
ment.
The VICE-PRESIDENT. The Secretary will resume the
reading of the amendment.
The Secretary resumed and concluded the reading of the
amendment, as follows:
Said commission shall give reasonable time for hearings if deemed
necessary, and, if desirable, it may appoint a subcommission or subeommiss'ions of its own members to make investigations in any part of
the United States or its possessions, and it shall be allowed actual
necessary expenses for the same. Said hearings and investigations shall
he public, and all papers and documents filed with and all statements
made by witnesses or other parties before said commission or subconimission shall be reported and printed for the use of Congress. It shall
have authority to send for persons and papers and to administer oaths
and affirmations. All neeessarv expenses, including secretary and other
clerical assistants, rent, printing, and transportation, shall be paid from
anv money in the Treasury not otherwise appropriated, upon vouchers
approved by the chairman of said commission: P r o v id e d , h o ic e v c r , That
not to exceed $30,000 per annum shall be expended under this para­
graph. It may report from time to time to the Congress of the United
States, and shall, at the conclusion of its labors, submit a final report
containing the results of its investigations and its recommendations in
relation thereto.
Each member of the commission shall be allowed actual expenses
when engaged in the work of the commission. Any vacancies occurring
in the commission shall be filled by appointment by the officer and in
the snme manner as was the memlier whose retirement from the com­
mission creates the vacancy. In case the term of a Senator or Repre­
sentative expires while a memlier of this commission, such Senator or
Representative shall not thereby cease to he a member of this commis­
sion. drawing pay from the time his term as Senator or Representative
expires, at the same salary as though still holding such office.
A sum sufficient to carry out the provisions of this act is hereby
annually appropriated, out of any money in the Treasury of the United
States not otherwise appropriated, not to exceed $20,000 for the re­
mainder of the fiscal year 1000 . which amount shall be immediately
available, and not to exceed $00,000 in any fiscal year thereafter.
Mr. PENROSE. Now, Mr. President, I renew my point of
order that the amendment proposes general legislation.
Mr. GALLINGER. Mr. President-----The VICE-PRESIDENT. Does the Senator from P ennsyl­
vania yield to the Senator from New Hampshire?
Mr. PENROSE. I yield to the Senator from New H am p sh ire.
Mr. GALLINGER. Having offered the amendment, Mr. Prej^'
dent, I ask the Senator to withhold his point until I very briefly
discuss the proposition.
Mr. PENROSE. Certainly.
The VICE-PRESIDENT.’ The Senator from Pennsylvania
withholds his point of order.
Mr. GALLINGER. Mr. President, a few’ days ago I received
a letter from a valued constituent asking for some data on the
question of alcoholic liquors, their use and effect on the human
system. I had to write him that no such data were availableI could send him data on almost any other subject he could
suggest, but on this most important subject there is nothing that
I could find that would be of service to him.
Mr. President, this is, to my mind, a very important matter,
and I feel that it will be good legislation to put this provision
for the appointment of this commission in this hill. It is
question in which the American people have a very deep c o *
corn; a question that involves the health, happiness, and pr°s‘
perity of the Nation. I want furthermore to say that it is u
by any means a new question, almost precisely similar leg*®* '
tion having many times passed the Senate during my servic^
in the two Houses of Congress. In former years Congress WR_
petitioned very largely for legislation of this nature, and, so
as I know, no change has occurred in the public mind concer
iug this matter.
A few of us In this body have been somewhat in sistent in c
deavoring to secure teuqierance legislation, and the senuu 1^
Senate1
ormg
temperance
been very responsive to the demands that have been made up
it in that regard. Not only have men who believe in tempera
lieve
and some of us who believ in prohibition voted for such nn'- ^
have uui fully agreed
ures, but Senators who ha>c not iuiq ugircu with us ha' e 4
»» —that we might well ask the Congress to place itself on the
of temperance as against the destructive effects of intoxica
liquors. The public also have responded and have given 1
1
understand that the efforts we have been making here have 4
in behalf of healthful and beneficent legislation.
...e
Mr. President, it has been said, and will be said, that
Anti-Saloon League has put itself in opposition to the propoamendment on this bill. It is true that two officers of the A* ^
Saloon League have sent a letter to some of us. and probabi}
all Senators, saying that they were opposed to this legismi
’
but it is a fact that the churches, which make up the mem ’
ship of that great league and which make it an earnest and «
-

1909.

CONGRESSIONAL RECORD— SENATE.

320S

ton." dealing with the years ending August 31, 1905, to 1908, In­
AMENDMENTS TO APPROPRIATION BILLS.
clusive.
The .additional reports called for by the resolution now before your
Mr. C U LLO M submitted an amendment authorizing the Pres­
committee appear to be the natural amplification of this series and ident to appoint and recommission as assistant surgeon in the
would seem to be justified. As already recited, the bureau collects at
the present time ten reports o f cotton ginned during the season; and Public Health and Marine-Hospital Service Dr. Egil T. Olsen,
as under the census plan the supply of fotton is obtained almost en­ former assistant surgeon in the Public Health and Marinetirely from this source, it is natural that more frequent information re­ Hospital Service, intended to be proposed by him to the sundry
garding the amount of cotton reinairing in the country should besought
at frequent intervals. Ilencc the demand for the reports provided for civil appropriation bill, which was referred to the Committee
in this resolution. These differ from our present annual report on the on Appropriations and ordered to be printed.
supply and distribution of cotton in that only statistics o f stocks are to
Mr, T E L L E R submitted an amendment proposing to appro­
be collected for November 1, January 1, and March 1.
The purpose of these reports Is to afford reliable information for pro­ priate $1,750,000 to procure and erect the large testing machine
ducers, manufacturers, and others engaged in the cotton industry. The and its accessories and for services in connection therewith for
information should serve as a guide for the producer in disposing of his the determination by the Bureau of Standards of physical con­
product, in projecting his plans for the succeeding crop, and in furnish­ stants, etc., intended to be proposed by him to the sundry civil
ing the manufacturer with information which should assist him in pur­
chasing his raw material and in contracting for the manufacture and appropriation bill, which was referred to the Committee on
delivery of goods. It is believed that the effect of the resolution, if en­ Appropriations and ordered to be printed.
acted into law, will be to reduce the element of speculation in cotton,
H e also submitted an amendment proposing to appropriate
as the statistics will tend to remove doubt as to the cotton situation and
$4,634.50 to pay the Natoinal Automatic Fire Alarm Company, of
afford immediate and reliable information for all.
The cost of the field work incident to the preparation of these reports Washington, D . C., for the maintenance of the automatic firewill probably amount to not more than $ 10 ,0 0 0 each.
alarm system now in certain buildings o f the Government
Very respectfully,
„
Hospital for the Insane, intended to be proposed by him to the
S. N. D. N o kth , D ir e c to r ,
sundry civil appropriation bill, which was referred to the Com­
Hon. CnESTBB I. L ong,
U n ited S t a te s S e n a te , W a s h in g to n , D . G.
mittee on Appropriations and ordered to be printed.
LIGIIT-HOU SE BOARD AT ASH TABULA, OHIO.
Mr. LO D G E submitted an amendment proposing to appro­
Mr. D E P E W . I report back favorably without amendment priate $98,000 to purchase the land and improvements thereon
from the Committee on Commerce the bill (H . R, 15939) au­ o f Floretta Vining, adjacent to Fort Revere, Boston Harbor,
thorizing the Secretary o f Commerce and Labor to exchange Massachusetts, intended to be proposed by him to the sundry
property. I ask for the present consideration o f the bill. It is I civil appropriation bill, which was referred to the Committee
on Appropriations and ordered to be printed.
a bill of only about four lines.
H e also submitted a-n amendment proposing to appropriate
The Secretary read the b i ll; and there being no objection, the
Senate, as in Committee o f the Whole, proceeded to its con­ $840 for salary o f engineer on the schooner Grampus, intended
sideration. It authorizes the Secretary o f Commerce and L a­ to be proposed by him to the sundry civil appropriation bill,
bor to exchange property now occupied by the Light-House which was referred to the Committee on Appropriations and or­
Board at Ashtabula, Ohio, for other property o f not less value dered to be printed.
Mr. D E P E W submitted an amendment proposing to appropri­
at another location and to make a contract for such exchange.
The bill was reported to the Senate without amendment, or­ ate $40,000 for the purchase o f buoys and equipment at Ambrose
Channel, New York, etc., intended to be proposed by him to the
dered to a third reading, read the third time, and passed.
sundry civil appropriation bill, which was referred to the Com­
ORDINANCE OF SECESSION OF LOU ISIAN A.
mittee on Commerce and ordered to be printed.
Mr. FO STE R . I am directed by the Committee on Military | Mr. H E Y B U R N submitted an amendment proposing to appro­
Affairs, to whom was referred Senate concurrent resolution 104, priate $1,000,000 fo r.th e purchase o f land for the enlargement
submitted by me on the 23d instaut, to report it favorably with o f the Capitol grounds toward the Union Passenger Station,
an amendment, and I ask for its present consideration.
etc., intended to be proposed by him to the sundry civil appropri­
The Senate, by unanimous consent, proceeded to consider the i ation bill, which was referred to the Committee on Appropria­
concurrent resolution, which was read, as follow s:
tions and ordered to lie printed.
R e s o lv e d 6 th e S e n a te ( th e H o u s e o f R e p r e s e n t a tiv e s c o n c u r r in g ),
;/
Mr. K N O X submitted an amendment proposing to appro­
That the Secretary of War be, and is hereby, authorize^ to return to I priate $200,000 for technologic investigations of fuels and other
the State of Louisiana the original ordinance of secession that was
adopted by the people of said State In convention assembled, ana that , mineral substances, etc., intended to be proposed by him to the
is now in possession of the War Department.
sundry civil appropriation bill, which was referred to the Com­
mittee on Appropriations and ordered to be printed.
The amendment was, in line 3, after the word
authorized,
Mr. W A R N E R submitted an amendment providing that all
to insert the words “ in his discretion.”
honorably discharged soldiers and sailors who have served in
The amendment was agreed to.
the Philippines, in China, or in Alaska who are now or who
The concurrent resolution as amended was agreed to.
hereafter may be disabled shall hereafter be admitted to the
BILLS INTRODUCED.
National Home for Disabled Volunteer Soldiers, intended to be
Mr. F L IN T introduced a bill <S. 9484) .directing the Panama proposed by him to the sundry civil appropriation bill, which
Railroad Company to establish and operate a liue of steamers was referred to the Committee on Appropriations and ordered
along the Pacific coast, and making provision therefor, which
to be printed.
Was read twice by its title and referred to the Committee on
Mr. C U LB E R SO N submitted an amendment proposing to ap­
Interoceanic Canals
_
propriate, out of tlie immigration fund, the sum of $15,000, to be
Mr. P A Y N T E R (by request) introduced a bill (S . 94S5) for
expended for excavating a trench across Galveston Channel,
the relief of Francisco Gutierrez y Repide, which was read
Texas, etc., intended to be proposed by him to the sundry civil
twice by its title and referred to the Committee on Claims.
appropriation bill, which was referred to the Committee on j p, Mr. M O N EY introduced a bill (S . 9486) for the relief o f the ,
proprhitions and ordered to be printed.
.
M r s of Frances Pickle, which was read twice by its title and, j
Mr. R A Y N E R submitted an amendment proposing to appro­
with the accompanying paper, referred to the Committee on priate $6,875.61 to pav the Hazard W h arf Company, of B alti­
Claims.
more. Md., for refund of certain duties on coal importations,
Mr. A L D R IC H Introduced a bill (S . 9487) granting a pension etc intended to be proposed by him to the general deficiency
to Elizabeth L. Duffy, which was read twice by its title and
appropriation bill, which was referred to the Committee on Ap­
referred to the Committee on Pensions.
propriations and ordered to be printed.
Mr. PEN R O SE introduced a bill (S . 94S8) providing that j
Mr F I IN T submitted an amendment proposing to appropri­
ceptaln mail matter relative to naturalization shall be trans­ ate $50 (XX) for the purchase of a site and continuation o f the
ported free by registered mail, which was read twice by its title nost-office building at Riverside, Cal., intended to be proposed
and< w ith the accompanying papers, referred to the Committee j L him to the sundry civil appropriation bill, which was
011 Post-Offices and Post-Roads.
,
. referred to the Committee on Appropriations and ordered to be
• '« also Introduced « bill (S . MS!)) granting a p e n slo n to
Kuchol M. Hunt, which was read twice by Its title and referred 11 Mr** F R A Z IE R submitted an amendment providing for a sur­
0 the Committee on Pensions.
vey of the Tennessee River from the confluence of the Holston
Mr. CLARKE of Arkansas Introduced n bill (S. w90l f! .
ail'd French Broad rivers, forming the Tennessee River, in­
of the estate or heirs of Azriali Mitchell, deceased ami tended to be proposed by him to the river and harbor appro­
others, w hich was read twice by its title and, with the aceorn- priation bill, which was ordered to lie on the table and be
Panyjni, n„,W. referred tn tho Committee on Claims.
M
“ 'tying paper, ,-nf.,ri-nii to the Committee on V ;, *V
for
Mr. P A Y N T E R (bv request) Introduced a bill (is 9491 for 1 Mr B U L K E L E Y submitted an amendment proposing to ap­
th< relief o f the estate of Oliver Frazer, deceased, which ™
ho
propriate $25,000 for a fish-cultural station in Connecticut, in­
rc
0a'l twice bv its title and, with the accompanying paper, tended to be proposed by him to the sundry civil appropriation
referred to tin Committee on Claims.







CONGRESSIONAL RECORD— SENATE.

3210

F ebruary 26,

PRESIDENTIAL APPROVAL.

bill, which was referred to the Committee on Fisheries and or­
dered to be printed.
Mr. HANSBROUGH submitted an amendment proposing to
appropriate $500 to pay T. B. Elton for indexing and for extra
services as clerk to the Committee on Agriculture and Forestry,
intended to be proposed by him to the sundry civil appropria­
tion bill, which was referred to the Committee on Appropria­
tions and ordered to be printed.

A message from the President of the United States, by Mr.
M. C. Latta, one of his secretaries, announced that the President
had on the 25th instant approved and signed the following a ct:
S. 7829. An act to amend an act entitled “An act to authorize
the construction of a bridge across the Mississippi River at or
near Keithsburg, in the State of Illinois, and to establish it as a
post-road,” approved April 2G, 1882.

OBSOLETE, ORDNANCE.

HOUSE BILL REFEREED.

Mr. FRYE submitted an amendment, intended to be proposed
II. R. 2S304. An act granting certain obsolete ordnance for
by him to the bill (II. B. 2S30-1) granting certain obsolete ord­ ornamental purposes was read twice by its title and referred to
nance for ornamental purposes, which was referred to the Com­ the Committee on Military Affairs.
mittee on Military Affairs.
SURFACE RIGHTS OF ENTRYMEN.
Mr. DANIEL submitted an amendment intended to be pro­
The VICE-PRESIDENT laid before the Senate the action of
posed by him to the bill (H. E. 28304) granting certain obsolete
cannon "for ornamental purposes, which was referred to the the House of Representatives disagreeing to the amendments of
the Senate to the bill (H. It. 24834) for the protection of surface
Committee on Military Affairs and ordered to be printed.
Mr. MARTIN submitted two amendments intended to be pro­ rights of entrymen, and requesting a conference with the Senate
posed by him to the bill (H. R. 28304) granting certain obsolete on the disagreeing votes of the two Houses thereon.
Mr. CLARK of Wyoming. I move that the Senate insist upon
ordnance for ornamental purposes, which were referred to the
its amendments, agree to the conference asked for by the House,
Committee on Military Affairs and ordered to be printed.
and that conferees on the part of the Senate be appointed by the
REPORTS OF THE PRESIDENT’S HOMES COMMISSION.
Chair.
The motion was agreed to, and the Vice-President appointed
Mr. TILLMAN. I ask to have the resolution which I send to
the desk read and then referred to the Committee on Post-Offices Mr. Clark of Wyoming, Mr. D ixon , and Mr. B ankhead conferees
on the part o f the Senate.
and Post-Roads.
The resolution (S. Res. 302) was read and referred to the
HARRY KIMMELL.
Committee on Post-Offices 2nd Post-Roads, as follows:
The VICE-PRESIDENT laid before the Senate the following
R e s o lv e d , That the Committee on Post-Offices and Post-Roads be in­
structed to consider and report to the Senate whether the volume concurrent resolution of the House of Representatives, which,
marked “ Senate Document. No. 644, Sixtieth Congress, second session, on motion of Mr. D ic k , was considered by unanimous consent,
‘ Reports of the President's Homes Com m issionm essage from the and agreed to:
President of the United States transmitting reports by the President’s
House concurrent resolution 71.
homes commission on improvement of existing houses and elimination
R e s o lv e d b y th e H o u s e o f R e p r e s e n t a tiv e s ( t h e S e n a te c o n c u r r in g ),
of insanitary and alley houses, on social betterment, and on building
That the President be requested to return to the House of Representa­
regulations, together with resolutions and recommendations adopted
by the commission ” should not be excluded from the mails as obscene tives the bill (H. It. 17214) for the relief of Harry Kimmell, a com­
mander on the retired list of the United States Navy.
literature unfit for circulation.
HEASINO BEFORE COMMITTEE ON CLAIMS.

Mr. FULTON submitted the following resolution (S. Res.
301), which was referred to the Committee to Audit and Con­
trol the Contingent Expenses of the Senate:
R e s o l v e d , That the stenographer employed to report the hearing be­
fore a subcommittee of the Committee on Claims, February 10, 1909,
be paid from the contingent fund of the Senate, and that the hearing
be printed.

PRESIDENT’ S MESSAGE ON CHILDREN’ S CONFERENCE.

Mr. OWEN. I submit a resolution and ask for its present
consideration.
The resolution (S. Res. 303) was read, as follows:
R e s o l v e d . That 50,000 copies of the special message of the President
of the United States recommending certain legislation requested by the
Conference on the Care of Dependent Children, and transmitting the
proceedings of the conference, be printed for the use of the Senate.

"T h e VICE-PRESIDENT. Does the resolution involve an ex­
penditure of more than $500?
OWEN. I understand that it does not.
Mr. ALDRICH. I think it had better be referred to the Com­
mittee on Printing for an estimate.
—
/ M r . OWEN. I make the suggestion that it might provide for
^printing at a cost less than $500.
> The VICE-PRESIDENT. The Senator from Rhode Island
moves that the resolution be referred to the Committee on
Printing.
The motion was agreed to.

ACCOUNTS

OF POSTMASTERS IN CONNECTICUT.

Mr. BERKELEY submitted the following resolution <S. Res.
304), which was ordered to lie on the table and be printed:
R e s o l v e d , That the Secretary of the Treasury be, and he is hereby,
directed to have stated and audited in the office of the Auditor for the
Post-Office Department the salary accounts of former postmasters, who
served at post-offices in the State of Connecticut, in terms between
•Dhy 1, 1864, and July I, 1874, and who applied to the PostmasterGeneral prior to January 1, 1887, for payment of increased salary under
the act of March 3, 1883, such salary accounts to be stated upon the
re j Su
eredu ret|irns of each postmaster for each term of service specified,
and by the method and rule laid down by the Postmaster-General for
tne statement and payment of salary accounts of former postmasters
V w?r i-he act of March 3’ 1883- in
w
public order of February 16,
iW 4 , airectmg payment of salaries by commissions and box rents, less
Ih
salaries paid at the time of service; and to enable the Secretary of
th? better to comply with this resolution the PostmasterOffi-a n J s r reb? cHr?£ter\ to turn over to the Auditor lor the Postepv
vp
rtimf nt all,tl\ d2ta now ln his bunds pertaining to each and
e
he S etiiry
e<7
the Treasury is hereby directed
th,e 3eriate such stated and audited salary accounts of
lormer postmasters as soon as they can be made ready.

COURTS IN WASHINGTON AND OREGON.

The VICE-PRESIDENT laid before the Senate a message
from the House of Representatives disagreeing to the amend­
ments of the Senate to the bill (H. R. 270G1) to provide for the
appointment o f an additional district judge in and for the
western district of Washington.
Mr. DEPEW. I move that the Senate insist upon its amend­
ments and ask for a conference with the House of Representa­
tives, the conferees to be appointed by the Chair.
The motion was agreed to, and Mr. D epew , Mr. Foraker , and
Mr. O verman were appointed.
NORTH AMERICAN CONSERVATION CONFERENCE.

The VICE-PRESIDENT laid before the Senate the following
message from the President of the United States (S. Doc. No.
742), which was read and, on motion of Mr. Kean, was, with the
accompanying paper, referred to the Committee on Foreign Re­
lations and ordered to be printed:

To the Senate and House of Representatives:
I transm it herewith the declaration of principles adopted
February 23, 1909, by the North American Conservation Con­
ference. This conference, held in the city of Washington be­
tween representatives of the nations which occupy the Continent
of North America, will unquestionably, as the declaration recites,
“ result in mutual benefits, and tend to draw still closer the
bonds of existing good will, confidence, and respect.” “Natural
resources,” the declaration proceeds, “ are not confined by the
boundary lines that separate nations. We agree that no nation
acting alone can adequately conserve them, and we recommend
the adoption of concurrent measures for conserving the material
foundation of the welfare of all the nations concerned, and for
ascertaining their location and extent.” It is with sincere grati­
fication that I acknowledge the prompt and courteous response
of the governments to which the invitations for the conference,
whose conclusions I transmit, were addressed, aud the broad,
statesmanlike, and productive attitude and action of the con­
ference itself. It has not only performed with marked efficiency
and entire unanimity the important duties which devolved upon
it, but it has suggested a still wider field of useful action. The
declaration “ suggests to the President of the United States
America that all nations should be invited to Join together in
conference on the subject of world resources and their inventory*
conservation, and wise utilization." I have deemed it my idty
to welcome and act upon the far-seeing suggestion of the con­
ference, and have accordingly addressed such an invitation t°
the nations of the world, in the confident belief that such *

CONGRESSIONAL RECORD— SENATE.

1909

other Senator would be called upon to state his point of order
against the amendment at the time it was offered, and the Sena­
tor in charge o f the bill accepted the amendment on behalf of
the committee and stated that he would do his best to get it
in the bill.
Acting upon that supposition, I not only consented to the
unanimous-consent agreement, but I cut off my consideration
o f the amendment. It is the most important amendment on
the bill. It restores to the public domain one-half of the forest
reserves for home making and legitimate purposes, and it ought
at least to have been submitted; and I say this in no spirit of
criticism of the action of the Chair. I am speaking only of
my own judgment in the matter. A question of this kind under
the conditions and circumstances ought to have been submitted.
It is more important than to cut off $3,000,000 o f these appro­
priations. I f you can restore the nontimbered land to the pub­
lic domain and make it subject to the land laws under which
men can make homes, it is more important ten times over than
to cut out any or all of this appropriation. I would not for a
minute— and I say it in no spirit of rebellion— have consented
to the termination of the debate, especially to the elimination
from my own time of more than half of it, had I suspected
that the unanimous-consent agreement die! not mean what it
said it meant, and that a vote would be taken upon the amend­
ment.
Mr. T E L L E R . I want to say that it does not in the slightest
degree impair the efficiency of the reservations— not in the
slightest possible degree.
Mr. H E Y B U R N . No.
Mr. H A L E . Let me suggest that the Senator from California
withdraw his point of order and take the expression of the
Senate.
Mr. F L IN T . I would not myself have consented to the unani­
mous-consent agreement if I had not inquired and been advised
that the point of order could be made. This is a very im­
portant matter. It means to wipe out all reserves where they
are used for the conservation o f water.
Mr. T E L L E R . Nonsense.
Mr. F L IN T . The forest reserves in the arid country in
southern California would be wiped out by the adoption of the
amendment.
Mr. T E L L E R . Nonsense.
Mr. F L IN T . It says “ any land not timbered.”
Mr. W A R R E N . Mr. Fresideut------The V IC E -P R E SID E N T .
Does the Senator from Idaho
yield to the Senator from Wyoming?
Mr. H E Y B U R N . Certainly.
Mr. W A R R E N . Before you go too far, the Senator, of course,

Mr. T E L L E R . Idaho and Colorado.
Mr. H E Y B U R N . A ll right. Then we will make the amend­
ment read the “ States of Idaho and Colorado.”
Mr. SMOOT. Then I object. I make the point of order it is
general legislation.
The V IC E -P R E SID E N T . The Senator from Idaho states to
rhe Senate that he misconceived the effect of the agreement
when he assented to it. That should not be allowed to change
the agreement. It must stand as made, unless modified by
unanimous consent. The amendment is clearly obnoxious to
the rule, yet the Chair feels that under all the circumstances
he is justified in submitting the question of order to the Senate.
The Chair will submit the question : Is the amendment in order?
Mr. A L D R IC H . There may be a precedent established here,
if we are not careful, which will be much more important than
any of this legislation. I think Senators will all agree upon
consideration that an ordinaiy or a usual agreement by unani­
mous consent to vote does not dispense with the rules of the
Senate, whatever may be the understanding of individual
Senators at the time. W e are not to undertake to say that
because some Senator supposed he was getting an agreement of
some sort the rules are to be suspended.
The agreement included amendments which might be offered
hereafter, and that would give any Senator the right to offer
any amendment, however obnoxious it might be to the rules
of the Senate. I certainly hope we will not establish any such
precedent.
Mr. H E Y B U R N . Submitting the question to the Senate does
not do that.
The V IC E -P R E SID E N T . There is no violation of the rule
if the Chair in the exercise of M s discretion under Rule X X
submits the question of order to the Senate. The Chair thinks
that it is a proper exercise of the power vested in him, under
the circumstances. The question is, Is the amendment in order?
Mr. P E R K IN S . I will ask the Senator from Idaho to modify
his amendment and exempt California.
Mr. H E Y B U R N . I have already done s o ; I have confined it
to Idaho and Colorado.
Mr. F L IN T . That is entirely satisfactory.
Mr. B O RAH . A s I understand, the point of order is still
insisted upon, however, by the Senator from Utah.
The V IC E -P R E SID E N T . Is it still insisted upon by the Sen­
ator from Utah?
Mr. H E Y B U R N (to Mr. S moot ). Su bm it it.
Mr. SMOOT. I did offer an objection.
The V IC E -P R E SID E N T . The question is whether the amend­
ment proposed by the Senator from Idaho is in order.
Mr. H A LE . Now let it be read. Let us see what it says.
, - T h e V IC E -P R E SID E N T . The amendment will be stated.
a h o / S k W ^ y . On page 20, after line 11, it is proposed to

under stands------Mr. F U L T O N . Mr. President—
^
^
M
The V IC E -P R E S ID E N T
yield to the Senator from O regon;
.
. m
That the Secretary of Agriculture Is hereby directed to eliminate
Mr. H E Y B U R N . I have y ield ed to the S en a tor fr o m V W ;
Reserves in the States of Idaho and Colorado all
*t_
t
, , _ of public lands not timbered and
_
sectionstim^prAcI imrl fn rpstore such Dublintolarids
restore such public lands
Ming
O f course I could only acw pt.
J j“
directed to report to Con1909, the quantity
ithin the States of
Idaho“ and Colorado, showing upon a map of such forest reserves the
Ihll committee amendments had to be first considered.
So
reas timbered and nontimbered.
every individual amendment offered would necessarily have to *v Mr. T E LL E R . The Senator from Idaho had the amendment
he laid aside until we had voted upon the regular committee prepared, and at my suggestion he put in Colorado. Now, if it
will help him with his amendment, I will ask him to strike out
amendments then pending.
, .
,,
Mr. H E Y B U R N . I offered the amendment before the ques- Colorado.
tion o f the unanimous-consent agreement was taken up.
Mr. H E Y B U R N . I would not do that.
Mr. FU LTO N . Mr. President------a , , . . . .
Mr. TE L L E R . I think I know how to get Colorado out.
Mr. W A R R E N . I simply want to set the record right— that When I get out of the Senate I shall practice law, perhaps, and
^ went as far as I had the right to go. O f course, all the I will pay some attention to that question.
amendments upon the table, upon which I have expressed an
\ia
Mr. C L A R K nf Wvominff. I understood before ihe
o f W yom ing.
, , ^
,
°Pinion ns to whether I would accept them or not, will li.ixe mouV-eonsent agreem en t w a s m ade th a t th e am endm ent was to
to come up again and will have to be acted upon after the com­ “ . v generally^ I w ish to ask th a t th e S ta te o f Wyoming be
mittee amendments shall have been disposed of.
inclu ded w ith th e S ta te s o f Colorado and Idaho, u n less it w ill
Mr. FU LTO N. Mr. President------x
.
T. .
em barrass th e situ a tio n still fu rth er.
,
,
The V IC E -P R E S ID E N T . Does the Senator from Idaho
T h e V IC E -P R E S ID E N T . T h e C hair w ill sta te th a t th e hour
o f 7 o'clock h a v in g arrived , fu rth er d eb ate is ou t o f order.
^ o ld to the Senator from Oregon?
f .
Mr. HEYBURN. I will yield in a minute. I want to call
Mr W A R R E N . I do not wish to debate the question. I
will merely say that the consent, so far as the chairman o f the
attention to the fact------..
committee* is concerned, was that it should not specify any par­
K : a
v
1 r
; ° " o
a r r '^ - b n e r
* .
ticular State.
.
The V IC E -P R E SID E N T . The question is, Is the amendment

2?
*°tnia

W & o n - r m—
e

* 3 gSl; I

win not object to the amendment if the State oi t a u

Mr. HEYBURN. I will eliminate the State of California^ ,
Mr. FLINT. I am perfectly willing to leave it as the Senator |
originally had it.




^

S M IT H

of Michigan.

President.
The V IC E -P R E SID E N T,
state i t

A

parliamentary question, Mr,

The Senator from Michigan will




3 2 52

CONGRESSIONAL RECORD— SENATE.

Mr. SMITH of Michigan. I should like to know whether we
are voting on the parliamentary question or on the amendment.
The VICE-PRESIDENT. It is on the parliamentary question
whether the amendment is in order.
Mr. HALE. That is a question for each Senator to settle
in his own mind.
/ T h e VICE-PRESIDENT. The question is, Is the amendment
an order?
[ Mr. HEYBXJRN. On that I ask for the yeas and nays.
v T h e yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. CLAY (when his name was called). I announce that I
am paired with the senior Senator from Massachusetts [Mr.
L odge] . If he were present I should vote “ nay.”
Mr. FULTON (when his name was called). I have a gen­
eral pair with the junior Senator from Arkansas [Mr. D a v is ].
I inquire whether the senior Senator from Washington [Mr.
A n k e n y ] is paired.
If not, I will transfer to him my pair.
I am informed he is not. I transfer my pair to the senior
Senator from Washington and will vote. I vote “ yea.”
Mr. WARREN (when his name was called). I am paired
with my colleague on the committee, the Senator from Missis­
sippi [Mr. Money ].
The roll call was concluded.
Mr. BAILEY. I desire to ask if the Senator from West Vir­
ginia [Mr. El k in s ] has voted?
The VICE-PRESIDENT. He has not voted.
Mr. BAILEY. Then I withhold my vote, as I am paired
with him.
Mr. CLARK of Wyoming. I am paired with the Senator
from Missouri [Mr. Stone]. I voted under the impression that
pairs would not be considered, but as they are being observed,
and as the Senator from Missouri is absent-----Mr. KEAN. I suggest that the Senator transfer his pair to
the Senator from New Y ork [Mr. P l a t t ] ,
Mr. CLARK of Wyoming. I transfer my pair to the Senator
from New York [Mr. P l a t t ] .
Mr. FLINT (after having voted in the negative). I voted,
but I was not aware of the fact that pairs were being ob­
served. I am paired with the senior Senator from Texas [Mr.
Culberson], and therefore withdraw my vote.
The result was announced— yeas 17, nays 35, as follows:

Borah,
Bourne
Bulkeley
Carter
Clark, Wyo.
Aldrich
ISrandegee
Brown
Burkett
Burnham
Crane
Cullom
Cummins
Curtis
Ankeny
Bacon
Bailey
Bankhead
Beveridge
Briggs
Burrows
Clapp
Clarke, Ark.
Clay

YEAS—17.
Hemenway
Heyburn
Kean
Kittredge
Perkins
NAYS—35.
La Follette
Daniel
McCumber
Depew
McEnery
Dick
McLaurln
Dolliver
Alartin
du Pont
Nelson
Foster
Newlands
Frazier
Overman
Gamble
Page
Johnston
NOT VOTING— 10.
Hopkins
Culberson
Knox
Davis
Lodge
Dillingham
Long
Dixon
McCreary
Elkins
Milton
Flint
Money
Foraber
Nixon
Frye
Owen
Gary
Paynter
Gore
Fulton
Gallinger
Guggenheim
Hale
Hansbrough

Piles
Teller

Penrose
Richardson
Smith, Mich.
Smoot
Stephenson
Sutherland
Warner
Wetmore
Platt
Rayner
Scott
Simmons
Smith, Md.
Stone
Taliaferro
Taylor
Tillman
Warren

So the Senate decided that the amendment was not in order.
The VICE-PRESIDENT. The question is on agreeing to the
amendment submitted by the Senator from Montana [Mr.
D i x o n ], which w ill be stated.

The

Se c r e t a r y .

It is proposed, on page 26, after line 24, to

insert:

That hereafter 50 per cent of all money received from each forest
reserve during any fiscal year, including the year ending June 30, 1908,
shall be paid at the end thereof by the Secretary of the Treasury to the
State or Territory in which said reserve is situated, to be expended as
the state or territorial legislature may prescribe for the benefit of the
public schools and public roads of the county or counties in which the
forest reserve Is situated: P r o v id e d , That when any forest reserve is
in more than one State or Territory or county the distributive share to
each from the proceeds of said reserve shall be proportional to its area
therein.
Mr. DANIEL. I raise the point of order on the amendment.
The \ ICE-PRESIDENT. What is the point of order?
Mr. DANIEL. That it is new legislation and general legis­
lation.

F ebruaky 26,

to 50 per cent, and that the balance of the language is merely
a repetition of what is already the law.
Mr. GALLINGER. It changes the amount.
The VICE-PRESIDENT. The Chair is of opinion that it is
contrary to the rule, and the Chair sustains the point of order.
The Secretary will read the next amendment
Mr. DIXON. I ask that the point of order be submitted to
the Senate, the same as the other was submitted.
The VICE-PRESIDENT. The Chair will state that it is in
the discretion of the Chair to submit any questions of order to
the Senate, and that the exercise of such discretion is not to
be invoked from the floor. The Chair departed from the rule
which he lias generally observed in the case of the Senator
from Idaho, because of the statement of the Senator that he had
been misled in acceding to the unanimous-consent agreement.
The Chair felt that under those peculiar circumstances he
might in the interest of fairness submit the question of order
to the Senate, as he had the undoubted right to do under the
rule.
Mr. DIXON. I merely want to make a suggestion. The
present law provides for 25 per cent. I think the Senator
from Virginia, on second thought, if he understood the situa­
tion and the great amount of land withdrawn from taxation,
would agree to the increase from 25 per cent, in view of the
fact that it is to be paid to the common-school and road fund,
and it would settle in large part this annual scrap in Congress.
Mr. GALLINGER and others. Regular order!
Air. DANIEL. I can not withdraw the point of order.
Mr. TELLER. If the Senator from Virginia withdraws it
X will renew it«
The VICE-PRESIDENT. The next amendment will be stated.
Mr. DIXON. Have I a right to appeal from the decision of
the Chair?
The VICE-PRESIDENT. The Senator has that right.
Mr. DIXON. Then I appeal from the decision of the Chair
on this question.
The VICE-PRESIDENT. The question is: Shall the de­
cision of the Chair stand as the judgment of the Senate? [Put­
ting the question.] In the opinion of the Chair, the ayes have
it. The ayes have it. The Secretary will read the next
amendment.
The S ec r etar y . Amendment proposed by Mr. G u g g e n h e im ,
to insert on page 26, after line 21, the following:

That a committee consisting of three Members of the Senate and
three Members of the House of Representatives of the Sixtieth Con­
gress. to be selected by the Vice-President and Speaker of the House
of Representatives, respectively, shall he appointed to make a careful
inquiry and investigation respecting the operation of the laws of the
United States relating to the administration of the national forests
during the recess of Congress. Said committee is hereby authorized
to hold meetings in States and Territories containing national forests
for the purpose of hearing such complaints, statements, and sugges­
tions as may be tendered by citizens affected by the nationai-forest
administration, and shall make a report in writing to Congress not
later than the first Monday in December, 1909.
For expenses of said committee, including actual expenses of each
member while necessarily absent from his place of residence in the per­
formance of his duties as such committeeman, and for the payment of
necessary clerical assistance, $10,000, said appropriation to be immedi­
ately available.
Mr. WARREN. I make the point o f order against that
amendment. There Is no estimate for it and It does not have
the indorsement of any committee.
The VICE-PRESIDENT. The Chair is of opinion that the
point of order is well taken, and sustains the point of order.
The Secretary will state the next amendment.
The S ec r etar y . Amendment offered by Mr. D e p e w , on page
12, after line 3, to Insert:

To enable the Secretary of Agriculture to lease and maintain for a
period of ten years a farm at MorrlsviHe, Madison Connty, State of
New York, for the purpose of general agricultural and horticultural
experimentation in connection with the socalled “ unoccupied” ,°r
“ Volusia so il" farms of the Eastern and Middle States, and to
seminate Information of result of such experimentation as to the mott
profitable methods of utilizing such soils, $25,000.
Mr. WARREN. I shall be compelled to make the same poin*
of order against this amendment. It was not estimated f ° r
and has not the Indorsement of any committee.
The VICE-PRESIDENT. The Chair sustains the point of
order. The Secretary will read the next amendment.
The S ecretary . Amendment by Mr. Clark of Wyoming, t0
Insert the follow ing:
ta
That the Secretary of Agriculture is directed to furnish to th« 55^.*
on or before the first Monday of December. 1909, a full and con 1
copy of the pay rolls of the Bureau of Forestry for the quarter

beginning July 1, A. D. 1908, showing In detail and in full the
oa
occupation, and monthly salary and expenses of each *mP’°7vn , ft|jo
tP
said rolls or In the employment of the Forestry Service;
“L-riDin one total the amount paid for the services and expenses or
u0t
Mr. WARREN. On the point of order, it Is iny understand­ tendents, supervisors, and rangers, and in another total tne *
a
ing that the amendment simply changes the amount from 25 paid for other services and expenses of said Forestry Service.

1909.

CONGRESSIONAL RECORD— SENATE.

Mr. W A R R E N . I make no objection to that amendment.
Mr. C LAY. I thought that was the existing law and that the
law now provides that an annual statement shall be made in
regard to these expenditures.
The V IC E-PR E SID EN T. The question is on agreeing to the
amendment.
The amendment was agreed to.
Mr. HANSBROUGI-I. On page 7, after line 23, I move to
insert:

For the acquisition of sites and the erection of buildings for the use
of the Weather Bureau, and for all necessary labor, materials, and ex-

Mr. W A R R E N . That lias been estimated for. I prefer that
it would go to the Senate for a vote.
The VIC E-PR E SID EN T. The question is on agreeing to the
amendment proposed by the Senator from North Dakota.
The amendment was rejected.
Mr. CLAY. W hat became of the amendment offered by the
Senator from Montana [Mr. C arter ] on page 25?
Mr. W A R R E N . He withdrew the amendment.
The V IC E -P R E SID E N T. The Senator from Montana with­
drew his amendment and the Senate disagreed to the committee
amendment.
Mr. CLAY. The Senate struck out the increase of $500,000?
The V IC E-PR E SID EN T. Leaving the bill as it came from
the House in that regard.
Mr. CARTER. The amendment, let me say to the Senator
from Georgia, was withdrawn with notice that it would bo
offered in the Senate. The purpose of withdrawal was to allow
a vote on the committee amendment.
The bill was reported to the Senate as amended.
The V IC E-PR E SID EN T. Does any Senator desire to reserve
a vote upon any specific amendment?
Mr. CARTER. I desire to offer at the proper time an amend­
ment on page 25.
The VIC E -P R E SID E N T. The Senator from Montana will
have that right. Are there any reservations? I f not, the ques­
tion is on concurring in the amendments made as in Committee
of the Whole.
The amendments were concurred in.
The V IC E -P R E SID E N T. The Senator from Montana pro­
poses an amendment, which he will state.
Mr. CARTER. In lines 14 and 15, on page 25, I move to
amend by striking out “ three million nine hundred and eightysix thousand,” before the word “ thousand,” and inserting in
lieu thereof “ three million one hundred and sixty thousand.
Mr. W A R R E N . I move to lay the amendment on the table.
The V IC E -P R E SID E N T. Tbe Senator from Wyoming moves
to lay on the table the amendment proposed by the Senator
from ‘Montana. [Putting the question.] The Chair is in doubt.
All in favor o f laying the amendment on the table w ill i !>e.
Mr. G ALLIN G E R . I ask for the yeas and nays.
The yeas and nays were ordered.
.,
. _ .
,
..
Mr. CLARK of Wyoming. Mr. President, I rise to a parlia­
mentary inquiry.
„
.
. , ..
..
The V IC E -P R E SID E N T. The Senator will state his parlia­
mentary inquiry.
Mr. C LA R K of Wyoming,

Upon

,,
. . .
what is the vote being

taken?
.
..
The V IC E -P R E SID E N T. It is to be taken on the motion
made by the Senator from Wyoming [Mr. W arren ] to lay the
amendment of the Senator from Montana [Mr. C arter ] on the
table.
Mr. C LARK of Wyoming. I thought there was a misappre­
hension, and that is the reason why I asked the question.
Mr. CARTER. Those in favor of the amendment I offered
Will vote “ n a y ” on the motion of the Senator from W y ­
oming,
The VIC E-PR E SID EN T. The Chair will again state the
Question. Those in favor of the motion of the Senator from
Wyoming [Mr. W a r r e n ] to lay the amendment of the Senator
f rom Montana [Mr. C arter] on the table will vote
yea
as
their names are called; those opposed “ nay.

The Secretarv proceeded to call the roll.
Ml'. CLAY (when his name wos called). I am paired with the
«onlor Senator from Massachusetts [Mr. L odge].
I am i formed, however, that he now stands paired with the juuioi
Senator from Kentucky [Mr. P a y n t e r ], aud I will vote. I vote
nay.”
M l F L IN T (when his name was called). I am paired with
the senior Senator from T ex a s [Mr. C ulberson ] . If he were
P^sent and voting, I would vote “ yea.”
Mr. FULTON (w h en h is nam e w as c a lle d ). I h a ' e a general
Pair with th e senior Senator from A rk an sas [Mr. C labkej ,




3253

which I transfer to the senior Senator from Washington [Mr.
A n k e n y ] and vote “ nay.”
Mr. PER K IN S (when his name was called). I have a gen­
eral pair with the junior Senator from North Carolina [Mr.
O verman ]. A s he is absent, I will transfer that pair to the
junior Senator from Pennsylvania [Mr. K n o x ] and vote.
I
vote “ yea.”
Mr. STONE (when M r .T aliaferro’ s name was called). The
senior Senator from Florida is generally paired with the junior
Senator from W est Virginia [Mr. S cott]. I do not know how
either would vote, but I make the announcement, as the Senator
from Florida is absent.
Mr. W A R R E N (when his name was called). W hile I have a
pair with the senior Senator from Mississippi [Mr. M on ey ], on
this motion I have liis permission to vote, and I vote “ yea,”
The roll call was concluded.
Mr. B A IL E Y (after having voted in the negative). I have a
general pair with the Senator from W est Virginia [M r.E l k i n s ],
but I have voted. I will therefore transfer that pair to the
Senator from Oklahoma [Mr. Gore] and allow my vote to stand.
Mr. FL IN T . I transfer my pair with the senior Senator from
Texas [Mr. C ulberson] to the junior Senator from Nevada [M r.
N ixo n ] and will vote. I vote “ yea.”
Mr. SIMMONS (after having voted in the affirmative). I
have a general pair with the junior Senator from Minnesota
[Mr. Clapp ], but by virtue of an agreement I had with him I
voted. I thought it proper to make the statement.
The result was announced— yeas 32, nays 26, as follow s:

Brandegee
Brown
Bulkeley
Burkett
Burnham

Cummins
Curtis
Depew

YEAS— 32.
La FoIIettc
Long
McCumber
Dolliver
McEncry
Flint
Milton
Foster
Nelson
Frye
Newlands
Gamble
Pago
Uansbrough

Dick
Dixon

Perkins
Piles
Simmons
Smith, Mich.
Smoot
Sutherland
Warner
Warren

NAYS— 2G.
Bailey

Borah
Bourne
Carter
Clark, Wyo.
Clay

Daniel
Frazier
Fulton
Gajlinger

Guggenheim
Hale
Herhenway

Ileyburn
Johnston
Kean
Kittredge
McCreary

McLaurin

Tenrose
Richardson
Stephenson
Stone
Teller

Martin
NOT VOTING— 34.
Hopkins
Aldrich
Crane
Knox
Ankeny
Culberson
Lodge
Bacon
Davis
Money
Bankhead
Dillingham
Nixon
Beveridge
du Pont
Overman
Briggs
Elkins
Owen
Burrows
Foraker
’Mynter
Clapp
Gary
Platt
Clarke, Ark.
Gore
So Mr. Carter’s am endm ent w a s laid on the table.
Cullom

The amendments were ordered to be engrossed and the bill to
be read a third time.
The bill was read the third time and passed.
diplomatic and consular appropriation bill .
Mr. H A L E submitted the following report:
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H . R.
27523) making appropriations for the diplomatic and consular
service for the fiscal year ending June 30, 1910, having met,
after full and free conference have agreed to recommend aud do
recommend to their respective Houses as follow s:
q'hat the Senate recede from its amendments numbered 2, 6,
| 7, 8, 9, 1 1 ,1 2 , 19, and 22.
.
^ 4 „
That the House recede from its disagreement to the^ amendI meats of the Senate numbered 1, 3, 5, 10, 13, 14, 15, 16, 17 IS,
and 20, and agree to the same.
That the House recede from its disagreement to the amendment of the Senate numbered 4, and agree to the same with an
amendment as follow s: In lieu of the matter Inserted by said
amendment insert the follow ing: “ For two clerks to be em! nloved by the Department of State and to be charged with the
1 distribution of information among the diplomatic missions, one
at the rate of one thousand eight hundred dollars per annum,
and one at the rate of one thousand six hundred dollars per
. annum; in all, three thousand four hundred dollars;” and the
: Senate agree to the same.
That the House recede from its disagreement to the arnendment o f the Senate numbered 21, and agree to the same with an
| amendment, as follow s: In lieu of the matter inserted by said
amendment insert the words “ and amendments thereto;” and
! the Senate agree to the same.
That the House recede from its disagreement to the nrnend‘ ment o f the Senate numbered 23, and agree to the same with an




CONGRESSIONAL RECORD— SENATE.

32 54

amendment as follows: In lieu of the matter inserted by said
amendment insert the following: “ For thirteen consular assist­
ants, as provided by law, eighteen thousand three hundred dol­
lars; twelve additional consular assistants, subject to the same
provisions of law as the above thirteen, twelve thousand dol­
lars ; in all, thirty thousand three hundred dollars; ” and the
Senate agree to the same.
E ugene H a le ,
S. M. C u l l o m ,
A. S. C l a y ,

Managers on the part of the Senate.
R . G. C o u s i n s ,
C. B . L a n d is ,
W

m.

M. H ow ard,

Managers on the part of the House.
The report was agreed to.
DISTRICT OF COLUMBIA APPROFRIATION BILL.

Mr. GALLINGER submitted the following report:
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H . It.
25392) making appropriations to provide for the expenses of
the government of the District of Columbia for the fiscal year
ending June 30, 1910, and for other purposes, having met, after
full and free conference have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its amendments numbered 1. 2,
3, 5, 7, 8, 14, 21, 23, 24, 27, 28, 29, 30, 32, 34, 41, 42, 43, 45, 46, 50,
52, 55, G , 62, G3, G7, 69, 71, 78, 81, S3, 85, 89, 91, 93, 94. 98, 99,
O
100, 103, 102, 106, 108, 109, 110, 112, 113, 114, 316, 117, 118. 119,
120, 121, 123, 124, 127, 129, 131, 133, 147, 148, 150, 152, 155, 156,
158, 160, 162, 163, 164, 1G5, 166, 167, 168, 169, 174, 19-1, 195, 208,
211, 213, 214, 215, 216, 217, 227, 228, 229, 234, 235, 237, 240, 243,
254, 255, 258, 259, 261, 266, 267, 284, 288, 290, 297, 300, 304, 305,
309, 313, 319, 322, 324, 329, 330, 331, 332, 336, 33S, 341, 343, 345,
346, 349, 351, 354, 355, 359, 3G1, 371, 372, 378, and 382.
That the House recede from its disagreement to the amend­
ments of the Senate numbered 4, 6, 10, 11, 12, 13, 1G, 17, 18, 19,
20, 31, 33, 35, 36, 37, 38, 53, 57, 64, 65, G6, 70, 79, 80, 82, 84, 86,
87. 88. 90, 95, 90, 103, 104, 105, 111, 115, 122, 125, 12G, 134, 139,
140, 141, 142, 144, 145, 149, 151, 153, 157, 170, 171, 172, 173, 175,
176, 177, 178, 179, ISO, 181, 182, 183, 184, 185, 186, 187, 188, 189,
190, 191, 197, 198, 212, 218, 219, 220, 222, 223, 224, 225, 226. 230,
231, 236, 241, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 262,
2G4, 265, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280,
281, 282, 285, 286, 287, 289, 290, 291, 292, 293, 294, 295, 302, 307,
310, 311, 312, 316, 317, 320, 321, 325, 328, 333, 334, 335, 347, 348,
350, 353, 356, 367, 3G9, 370, 374, 37G, 379, SSI, and 385; and
agree to the same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 9, and agree to the same with an
amendment as follows: In lieu of the sum proposed by said
amendment insert the following: “ one hundred and five thou­
sand six hundred and fifty-four dollars;” and the Senate agree
to the same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 15, and agree to the same with an
amendment as follows: In lieu of the sum proposed by said
amendment insert the following: “ thirty-eight thousand seven
hundred and thirty dollars;” and the Senate agree to the same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 22, and agree to the same with an
amendment as follows: In lieu of the sum proposed by said
amendment insert the following: “ twenty-one thousand five
hundred dollars;” and the Senate agree to the same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 25, aud agree to the same with an
amendment as follows: lu lieu of the matter inserted by said
amendment insert “ six ;” and the Senate agree to the same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 26, and agree to the same with an
amendment as follows: In lieu of the sum proposed by said
amendment insert the following: “ thirty-four thousand three
hundred and fifty dollars;” and the Senate agree to the same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 39, and agree to the same with an
amendment as follows: In lieu of the matter proposed by said
amendment insert the following: “ municipal architect, whose
duty it shall be to prepare and supervise the plans for,
and superintend the construction of all municipal buildings,
and the repair and improvement of all buildings belong­
ing to the District of Columbia under the direction of the
Engineer Commissioner of the District of Columbia from throe
tnousand six hundred dollars; and all laws or parts of laws

February 26,

placing such duties upon the inspector of buildings of the Dis­
trict of Columbia are hereby repealed; ” and the Senate agree
to the same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 40, and agree to the same with an
amendment as follows: In lieu of the sum proposed by said
amendment insert the following: “ two hundred thousand seven
hundred and eighty-two dollars;” and the Senate agree to the
same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 44, and agree to the same witli an
amendment as follows: At the end of said amendment, after
the word “ dollars,” iusert the following: “ : Provided, That
hereafter there shall be assessed and collected an annual wheel
tax on all automobiles or other motor vehicles owned and op­
erated in the District of Columbia having seats for only two
persons the sum of three dollars, and all said vehicles having
seats for more than two persons an additional tax of two dol­
lars for each additional seat; ” and the Senate agree to the
same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 47, and agree to the same with an
amendment as follows: In lieu of the sum proposed by said
amendment insert the following: “ nine thousand four hundred
and twenty dollars; ” and the Senate agree to the same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 48, and agree to the same with
an amendment as follows: In lieu of the sum proposed by said
amendment insert the following: “ six thousand dollars;” aud
the Senate agree to the same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 49, and agree to the same with
an amendment as follows: In lieu of the sum proposed by said
amendment insert the following: “ twenty-nine thousand four
hundred and twenty-five dollars;” and the Senate agree to the
same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 51, nnd agree to the same with
an amendment as follows: In lieu of the matter inserted by
said amendment insert the following: “ assistant, one thousand
dollars;” and the Senate agree to the same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 54, and agree to the same with
an amendment as follows: In lieu of the sum proposed by said
amendment insert the followiug: “ thirty-nine thousand three
hundred and twenty dollars;” and the Senate agree to the
same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 56, and agree to the same with
an amendment as follows: In lieu of the matter Inserted by said
amendment insert the followiug: “ purchase and maintenance
of motorcycles;” and the Senate agree to the same.
That the House recede from its disagreement to the am end­
ment of the Senate numbered 5S, and agree to the same with an
amendment as follows: In lieu of the sum proposed by said
amendment insert the following: “ $19,000;” and the Senate
agree to the same.
That the House recede from Its disagreement to the amend­
ment of the Senate numbered 59, and agree to the same with an
amendment as follows: In lieu of the sum proposed by said
amendment insert the following: “ $36,000;” aud the Senate
agree to the same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 61, and agree to the same with aQ
amendment as follows: In lieu of the sum promised by said
amendment insert the following: “ $4,000;” and the Senate
agree to the same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 68, and agree to the same with an
a wend m elt as follows: On page 22, line 11, of the bill, strike
out “ a permanent” and insert in lieu thereof “ permanent;
and the Senate agree to the same.
That the House recede from its disagreement to the amend­
ment of the Senate numbered 72, and agree to the same with an
amendment as follows: In lieu of the sum promised by sam
amendment insert the following: “ $71,000;" and the Sena
agree to the same.
.
That tiie House recede from its disagreement to the awenu
ment of the Senate numbered 73, and agree to the same with a®
amendment as follows: In lieu of the sum proposed by sa
amendment insert the following: “ $2,000;” and the Sena
agree to the same.
p
That the House recede from its disagreement to the fl!11° „
ment of the Somite numbered 74, and agree to the same with
amendment as follows: In lieu of the sum proposed by 8
1

1909.

CONGRESSIONAL RECORD— SENATE.

3351

with an amendment, in which it requested the concurrence of
the Senate.
The message further announced that the House had agreed to
the report of tho committee of conference on the disagreeing
votes of the two Houses on the amendments of the Senate to the
bill (H . R. 16743) for the removal of the restrictions on aliena­
tion o f lands o f allottees of the Quapaw Agency, Okla., and the
sale of all tribal lands, school, agency, or other buildings on
any of the reservations within the jurisdiction of such agency,
and for other purposes.
The message also announced that the House had agreed to
the report of the committee of conference on the disagreeing
votes of the two Houses on the amendments o f the Senate to
the bill (II. R. 25392) making appropriations to provide for the
expenses of the government of the District o f Columbia for the
fiscal year ending June 30, 1910, and for other purposes.
The message further announced that the House had agreed
SENATE.
to the report o f the committee of conference on the disagreeing
votes o f the two Houses on the amendments of the Senate to
S a t u r d a y , February 27,1909.
the bill (H . R. 26916) making appropriations for the current and
contingent expenses of the Indian Department, for fulfilling
The Senate met at 11 o’clock a. m.
The Chaplain, Rev. Edward E. Hale, offered the following treaty stipulations with various Indian tribes, and for <jther
purposes, for the fiscal year ending June 30, 1910.
prayer:
The message also announced that the House had agreed to
Behold, I come quickly; and, m y reward is with me, to give
the report of the committee of conference on the disagreeing
every man according as his work shall be.
Blessed are they that do n is commandments, that they may votes of the two Houses on the amendments of the Senate to the
have right to the tree of life, and may enter in through the bill (H . R. 27523) making appropriations for the diplomatic and
consular service for the fiscal year ending June 30, 1910.
gates into the city.
The message further announced that the House insists upon
F or ice know that if our earthly house of this tabernacle
w ere dissolved, w e have a building of God, an house not made its amendment to the bill (S. 4548) to provide for the sale of
timber on allotted Indian land, and for other purposes, dis­
with hands, eternal in the heavens.
agreed to by the Senate, agrees to the conference asked for by
Let us pray.
Father, Thou hast taught us this by Thy word in all ages the Senate on the disagreeing votes of the two Houses thereon,
by Thy well-beloved Son. To-day we are to go back in mem­ and had appointed Mr. S h er m an , Mr. M arshall , and Mr.
ory to those who have served Thee here and are now serving S tephens of Texas managers at the conference on the part of
Thee in the larger service of that other world.
the House.
O God, be with us when we interpret history. Be with us
The message also announced that the House had agreed to
Thou, when we look into the future to see what our own duty the report of the second committee of conference on the dis­
may be in these days that are before us. Show Thy servants in agreeing votes of the two Houses on the amendments of the
the Congress, show all persons in authority in the Nation, what Senate to the hill (H . R. 26394) making appropriations for the
it is to serve the living God and to bring in Thy law for our law, naval service for the fiscal year ending June 30, 1910, and for
Thy rule for our passion, Thy strength for our weakness, and other purposes, further insists upon its disagreement to the
Thy love to be with us always, that we may bear each other’s amendments of the Senate Nos. 58 and 59, asks a further con­
burdens, that we may find the duty that comes next onr hands, ference with the Senate on the disagreeing votes o f the two
that we may enter into that service which is perfect freedom.
Houses thereon, and had appointed Mr. Foss, Mr. L oudenW e ask it as Thine own children.
slager, and Mr. P adgett managers at the conference on the part
Our Father who art in heaven, hallowed be Thy name. Thy of the House.
kingdom come, Thy will be done, on earth as it Is in heaven.
Tho message further announced that the House further insists
Give us this day our daily bread. Forgive us our trespasses as upon its disagreement to the amendments of the Senate to the
we forgive those who trespass against us. Lead us not into bill (II. R. 27061) to provide for the appointment of an addi­
temptation, but deliver us from e v il; for Thine is the kingdom, tional district judge in and for the western district o f Washing­
and the power, and the glory, forever. Amen.
ton, agrees to the conference asked for by the Senate on the
The Secretary proceeded to read tho Journal of jesterdaj s disagreeing votes of the two Houses thereon, and had appointed
proceedings, when, on request of Mr. H ale , and by unanimous Mr. Je n k in s , Mr. A lexander of New York, and Mr. Clayton
consent, the further reading was dispensed with.
managers at the conference on the part o f the House.
Tiie V IC E -P R E S I D E N T . T h e Journal stands approved.
The message also announced that the House had passed the
following bills, in which It requested the concurrence of the
THE IMMIGRATION COMMISSION.
Senate:
The VIC E -P R E SID E N T laid before the Senate a cominunica- | H .R . 2S175. An act to amend section 4434 of the Revised
tion from the chairman of the Immigration Commission, trans­ Statutes of the United States, and for other purposes;
mitting, on behalf of the commission, a statement to Congress
H . R. 29C45. An act making appropriation for sundry civil
relative to the work and expenditures of the Immigration Com­ expenses o f the Government for the fiscal year ending June 30,
mission created under section 39 o f the immigration act of Feb- ; 1910, and for other purposes; and
II. R. 2S2S5. An act granting pensions and increase of pensions
ruary 20, 1907 (II. Doc. No. 1489), which was referred to the
to certain soldiers and sailors of the civil war and certain
Committee on Immigration and ordered to be printed.
widows and dependent relatives of such soldiers and sailors.
MESSAGE FBOM TIIE HOUSE.
enrolled bills signed.
^ message from the House of Representatives by Mr.
J.
The message further announced that the Speaker o f the
frowning, its Chief Clerk, announced that the House had passed
House had "signed the following enrolled bills and joint resolu­
Jle following b ills:
S. 9067. An act entitled “An act to grant pensions and increase tion and they were thereupon signed by the Vice-President:
II. R. 12499. An act for the relief of Clarence Frederick Chap­
)r Pensions to certain soldiers and sailors o f the civil war and
man, United States N avy;
0 certain widows and dependent relatives o f said soldiers;
II. R. 15939. An act authorizing the Secretary of Commerce
8. 9422. An act granting pensions and increase of pensions to
* rta*n soldiers and sailors o f the civil war and to certain * and Labor to exchange property;
H . R. 21896. An act to amend section 86 of an act to provide
J o t s and helpless and dependent relatives o f such soldiers
i a government for the Territory of Hawaii, to provide for adsailors; and
* •o454. An act granting pensions and increase of pensions to ! ditional judges, and for other judicial purposes;
H . R. 24149. An act granting to the Montana, Wyoming and
X f ain soldiers and sailors of the civil war and to certain
< °w s and helpless and dependent relatives o f such soldiers Southern Railway Company a right of way across the Fort
Keogh Military Reservation, Mont.;
mq sailors.
H. R- 25823. An act to amend an act entitled “An act to exbin ? J aea8aS0 also announced that the House had passed the
: tend the time for the completion of the Valdez, Marshall Fass
c o r f.»
^ ^ 2 ) granting pensions and increase of pensions to
i and Northern Railroad, and for other purposes,” approved
aiiri 1° solaicva an<l sailors of the civil war and to the widows
ependent and helpless relatives of such soldiers and sailors, February 21, 1907;
H. R. 18445, to investigate treatment o f tuberculosis— to the
Committee on Appropriations.
By Mr. W E IS S E : Petition of Sheboygan (W is.) Lodge, No,
299, Benevolent and Protective Order of Elks, for an American
elk reservation in Wyoming— to the Committee on the Public
Lands.
Also, petition o f Mountain Lumber Manufacturers’ Associa­
tion, favoring a duty of $2 per thousand on certain kinds of
lumber and 30 cents per thousand on shingles— to the Committee
on W ays and Means.
By Mr, W H E E L E R : Petition of Greenville (P a.) Lodge, No.
145, Benevolent and Protective Order of Elks, for an American
elk reservation in Wyoming— to the Committee on the Public
Lands.







CONGRESSIONAL RECORD— SENATE.
H. It. 2T0G8. An act to extend tlie time for the completion of
the Alaska Central Railway, and for other purposes; and
H, J. Res. 231. Joint resolution authorizing the Director of
the Census to collect and publish additional statistics.
CREDENTIALS.
Mr. GAMBLE presented the credentials of C oe I. C raw ford ,
chosen by the legislature of the State of South Dakota, a Sena­
tor from that State for the term beginning March 4, 1909, which
were read and ordered to be filed.

FEIillU
ARY 27.

relative to agricultural and industrial education, which was re­
ferred to the Committee on Agriculture and Forestry.
He also presented petitions of Local Lodge No. 756, of New
Rochelle, and of Local Lodge No. 535, of White Tlains, both of
the Benevolent and Protective Order of Elks, in the State of
New York, praying for the enactment of legislation to create a
national reserve in the State of Wyoming for the care and
maintenance of the American elk, which were referred to the
Committee on Forest Reservations and the Protection of Game.
He also presented a petition of the Veteran Association of the
Fifth New York Volunteer Infantry, Duryee Zouaves, of New
York City, N. Y., praying for the enactment of legislation provid­
ing for the protection of the monuments already erected and
which may be erected upon the Bull Run battlefield, Virginia,
which was referred to the Committee on Naval Affairs.
He also presented memorials of the United States Printing
Company, of Brooklyn, N. Y., and of the American Lithographic
Company, of New York City, N. Y., remonstrating against the
adoption of certain proposed amendments to the copyright law
relating to lithographic and photo-engraving processes, which
were referred to the Committee on Patents.
He also presented a petition of Huguenot Grange, No. 1028,
Patrons of Husbandry, of New Paltz, N. Y„ praying for the
passage of the so-called “ rural parcels post ” and “ postal sav­
ings banks” bills, which was referred to the Committee on PostOffices and Post-Roads.
He also presented the petition of R. C. Ronrdnian, of New
York City, N. Y., praying for the enactment of legislation for
the control ami regulation of the waters of Niagara River, and
for the preservation of Niagara Falls, which was referred to the
Committee on Commerce.
He also presented petitions of The National Temperance So­
ciety and Publication House, of New York City; of Revs. A. R.
Mills, S. C. Farnham, and F. S. Weeks, of Wyoming; of Rev.
Wesley Mason, of Dresden; and of Rev. Edward M. Cullinan,
of Fayetteville, all in the State of New York, praying for the
passage of the so-called “ Bnrkett-Foelker antigambling race
bill,” which were referred to the Committee on the Judiciary.
He also presented the memorial of Seabury & Johnson, of
New York City, N. Y., remonstrating against the adoption of cer­
tain proposed amendments to the act of January 5. 1905, en^ le d “An act to incorporate the American National Red Cross,”
whieh was referred to the Committee on the Judiciary.
lie also presented petitions of members of the Irvington Re­
publican Club, of Greenburg; of the congregation of St.
Barnabas Episcopal Church, of Irvington; of sundry citizens of
Irvington; of sundry citizens of Rochester; of members of the
Schenectady Charities Association, of Schenectady, and of
Frances J. Schriver, of New Brighton: of Local Order No. S95,
of Tarrytown; of Local Order No. 149, of Irvington; of Local
Order No. 619, of Dobbs Ferry, and of Local Order No. 1420, of
j Hastings, all of the Brotherhood of Carpenters and Joiners of
|America, in the State of New York, praying for the passage of
I the so-called “ children's bureau ” bill, which were ordered to lie
on the table.
He also presented a petition of the New York State Canned
Goods Packers’ Association, of Rome, N. Y., praying for the
adoption of the measure in the agricultural appropriation bill
! providing for the retention and reimbursement of the scientific
referee board in connection with the Bureau of Chemistry,
which was ordered to lie on the table.

PETITIONS AND MEMORIALS.
Mr. LODGE presented a petition of Local Lodge No. SSG,
Benevolent and Protective Order of Elks, of Brookline, Mass.,
and a petition of Local Lodge No. 1078, Benevolent and Pro­
tective Order of Elks, of Winthrop, Mass., praying for the enact­
ment of legislation to create a national reserve in the State of
Wyoming for the care and protection of the American elk,
which were referred to the Committee on Forest Reservations
and the Protection of Game.
Mr. DEPEW presented a petition of the Veteran Association,
Fifth New York Volunteer Infantry, Duryee Zouaves, of New
Yo#k City, N. Y., praying for the enactment of legislation to
protect the monuments already erected or that may be hereafter
erected on the battlefield of Bull Run, Virginia, which was
referred to the Committee on Military Affairs.
He also presented a petition of the faculty of the Rochester
A theme um and Mechanics’ Institute, of Rochester, N. Y., pray­
ing for the passage of the so-called “ Davis bill,” relative to
agricultural and industrial education, which was referred to the
Committee on Agriculture and Forestry.
He also presented a petition of sundry citizens of New Paltz,
N. Y., praying for the passage of the so-called “ rural parcels
post” and “ postal savings banks” bills, which was referred to
the Committee on Post-Offices and Post-Roads.
He also presented petitions of Local Lodge No. 34G, of Ni­
agara Falls; of Local Lodge No. 756, of New Rochelle, and of
Local Lodge No. 33, of Utica, all of the Benevolent and Pro­
tective Order of Elks, in the State of New York, praying for the
enactment of legislation to create a national reserve in the State
of Wyoming for the care and maintenance of the American elk,
which were referred to the Committee on Forest Reservations
and the Protection of Game.
He also presented petitions of the Charities Association of
Schenectady, of the congregations of the St. Barnabas Episcopal
and Presbyterian Churches, and of the Republican Club and
sundry citizens, all of Irvington, in the State of New York,
praying for the passage of the so-called “ children’s bureau bill,”
which were ordered to lie on the table.
Mr. LONG presented a petition of Local Lodge No. 204, Be­
nevolent and Protective Order of Elks, of Topeka, Ivans., and a
petition of Local Lodge No. 633, Benevolent and Protective
Order of Elks, of Emporia, Ivans., praying for the enactment of
legislation to create a national reserve in the State of Wyoming
for the care and maintenance of the American elk, which were
referred to the Committee on Forest Reservations and the Protection of Game.
Mr. WARREN presented a petition of Local Lodge No. G24,
Benevolent and Protective Order of Elks, of Rock Springs, Wyo.,
praying for the enactment of legislation to create a national*reserve in the State of Wyoming for the care and maintenance
of the American elk, which was referred to the Committee on
'crest Reservations and the Protection of Game.
Mr. OWEN presented a memorial of the Eastern Cherokee'
NAVAL APPROPRIATION DILI..
Nation of Indians, praying that an amount necessary be appro­
priated to pay the interest of the judgment rendered by the *
Mr. IIALE submitted the following report:
Court of Claims of ?1,111,284.70, since May 14, 1006, up to the \
date of the disbursement fund, which was referred to the / The committee of conference on the disagreeing votes of the
Committee on Appropriations.
two Houses on certain amendments of the Senate to the bill
Mr. SCOTT. I present the petition, in the nature of a telq- (H. R. 26394) making appropriations for the naval service for
gram, of Earl A. Henry,
w Vn
+
. - ' sta/ e ,mine insPect°U
< barleston, the fiscal year ending June 30, 1910, and for other pun>oses,
‘ ”
1 ^e to mine explosions. I move that the petition having met, after full and free conference have agreed to recombe printed in the R ecord and referred to the Committee on
mend to their respective Houses as follows:
Mines and Mining.
That the Senate recede from its amendments numbered 7
There being no objection, the petition was referred to the
and 39.
Committee on Mines and Mining and ordered to be printed in
That the House recede from its disagreement to the amend­
the R ecord, as follows;
ments of the Senate numbered 1 and 55, and agree to the same[Telegram.]
That the House recode from its disagreement to the amend­
Charleston, W. Va., F e b r u a r y 26, 1909.
Hon. N. B. Scott,
ment of the Senate numbered 11, and agree to the same with
W a s h i n g t o n , D . O .:
ThP in« n#
. ... . ,
| an amendment as follows: In lieu of the proposed amend men
Federal Government make
^Sert the following: “ unless, in rase of minors, a certificate 0
the tests at Pittsburg.
pi ropnauon ior tbe continuance of birth Qr
verifled writton statement by the parents, or either
E arl A. H enry,
,.

M a te Mine Inspector .

Mr. PLATT presented a petition of members of the faculty of
the
Home Economics of Mechanics’ Institute, of Rochester,
• *•> praymg for the passage of the so-called “ Davis bill,”

of them, or in case of their death a verified written statemen
by the legal guardian, he first furnished to the recruiting officer,
showing applicant to be of age required by naval regulations,
which shall be presented with the application for enlistment;
and the Senate agree to the same.

1909

CONGRESSIONAL RECORD— SENATE.

T h a t th e H o u s e re c e d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f th e S e n a te n u m b e re d 18, a n d a g re e to th e s a m e w ith
a n a m e n d m e n t a s f o llo w s : “ I n lie u o f t h e p ro p o s e d a m e n d m e n t
in s e r t th e f o llo w in g : “ e x tr a o r d in a r y e m e rg e n c y ; ” a n d th e S e n ­
a te a g r e e to th e sa m e .
O n th e a m e n d m e n ts o f th e S e n a te n u m b e re d 58 a n d 59, th e
c o m m itte e o f c o n fe re n c e h a v e b e e n u n a b le to a g re e .

E ugene Hale,
George C. P erkins,
11. It. T i l l m a n ,

Managers on the part of the Senate .
George Edmund Foss,
H. C. Lcudenslagek,
L. P. P adgett,
Managers on the part o f the House.
T h e r e p o r t w a s a g r e e d to .
M r. H A L E .
I m o v e t h a t th e S e n a te f u r th e r in s is t o n its
a m e n d m e n ts in d is a g re e m e n t, a n d g r a n t th e f u r t h e r c o n fe re n c e
a s k e d f o r b y th e H o u s e , th e c o n fe re e s o n th e p a r t o f th e S e n a te
to b e a p p o in te d b y th e C h a ir .
T h e m o tio n w a s a g r e e d t o ; a n d t h e V ic e - P r e s id e n t a p p o in te d
M r . H ale, M r . P erkins, a n d M r . T illman c o n f e r e e s o n t h e p a r t
o f th e S e n a te a t th e f u r t h e r c o n fe re n c e .
REPORTS OF COMMITTEES.

M r. S C O T T .
I a m d ir e c te d b y t h e C o m m itte e o n M ilita r y
A ffa irs , to w h o m w a s r e f e r r e d th e b ill ( H . It. 2 8 0 5 9 ) m a k in g
a p p r o p ria tio n s fo r th e s u p p o rt o f th e M ilita ry A c a d e m y fo r th e
fis c a l y e a r e n d in g J u n e 30 , 1910, a n d f o r o t h e r p u rp o s e s , to r e ­
p o r t it w ith a m e n d m e n ts , a n d I s u b m it a r e p o r t (N o . 1 1 0 3 )
th e re o n .
I g iv e n o tic e t h a t I s h a ll c a ll u p t h e b ill a t t h e e a r l ie s t
d a y p o s s ib le .
T h e V I C E - P R E S I D E N T . T h e b ill w ill b e p la c e d o n t h e c a l­
e n d a r.
M r. C A R T E R , f r o m th e C o m m itte e o n th e D i s t r i c t o f C o lu m ­
b ia , to w h o m w a s r e f e r r e d t h e b ill ( S . 9 3 6 9 ) to a m e n d a n a c t
e n title d “ A n a c t f o r th e w id e n in g o f D e n n in g ro a d , a n d f o r
o th e r p u r p o s e s ,” a p p ro v e d M a y 16, 1908, r e p o rte d i t w ith o u t
a m e n d m e n t, a n d s u b m itte d a r e p o r t (N o . 1 1 0 4 ) th e r e o n .
BILLS INTRODUCED.
M r. M IL T O N I n tr o d u c e d a b ill (S . 9 4 9 2 ) f o r th e r e lie f o f
R o b e r t B ro n d b e n t, B a r g e r H o ls t, J a m e s A . D u n h a m , B v r o n
H a w le y , A x e l R o s e n d a h i, a n d W ill J . E llio tt, w h ic h w a s r e a d
tw ic e b y its t i t l e a n d r e f e r r e d to th e C o m m itte e o n C la im s .
.M r. M O N E Y i n t r o d u c e d a b i l l ( S . 9 4 9 3 ) f o r t h e r e l i e f o f t h e
C u m b e r la n d P r e s b y t e r i a n C h u r c h o f S liilo b , I s s a q u e n a C o u n ty ,
M is s ., w h i c h - w a s r e a d t w i c e b y i t s t i t l e a n d r e f e r r e d t o t h e
/C o m m itte e o n C la im s .
M r. O W E N in tr o d u c e d a h ill (S . 9 4 9 4 ) f o r t h e r e li e f o f
M a ry M . K e n n e d y , E s th e r A . P ie rc e , A lf r e d J e m is o n , K in g
P ie rc e , J o h n I I , P ie rc e , C . S. Y o rk , D w ig h t J e m is o n , a n d o th e r s ,
w h ic h w a s r e a d tw ic e b y i t s t i t l e a n d r e f e r r e d to t h e C o m m itte e
'O n C l a i m s .
—
M r. G U G G E N H E IM in tr o d u c e d a h ill (S . 9 4 9 5 ) g r a n tin g a n
I n c re a s e o f p e n s io n to B e ts y B . S im o n s , w h ic h w a s r e a d tw ic e
b y its t i t l e a n il, w i t h t h e a c c o m p a n y in g p a p e r , r e f e r r e d to th e
C o m m itte e o n P e n s io n s .
H e a ls o in tr o d u c e d a b ill (S . 9 4 9 6 ) g r a n t i n g a p e n s io n to
J o n n ie S im p s o n , w h ic h w a s r e a d tw ic e b y i t s t i t l e a n d , w ith
th e a c c o m p a n y in g p a p e r , r e f e r r e d to th e C o m m itte e o n P e n s io n s .
H e a ls o in tr o d u c e d a b ill (S . 9 4 9 7 ) g r a n ti n g a n in c r e a s e o f
b e n sh m to H u b e r t S te im e l, w h ic h w a s r e a d tw ic e b y i t s t i t l e
j*n d . w i t h t h e a c c o m p a n y i n g p a p e r s , r e f e r r e d t o t h e C o m m i t t e e
° h P e n sio n s.
H e also i n t r o d u c e d a b i ll ( S . 9 4 9 8 ) g r a n t i n g an i n c r e a s e o f
P e n s io n t o J o h n S . S a n d e r s o n , w h i c h w a s r e a d t w i c e b y i t s t i t l e
' Il(*’ w i t h t h e a c c o m p a n y i n g p a p e r s , r e f e r r e d t o t h e C o m m i t t e e

°h Pensions.
He a l s o i n t r o d u c e d

a b ill ( S . 9 4 9 9 ) g r a n t i n g a n in c r e a s e o f
P ^ R s io n t o J o h n M a t h e r , w h i c h w a s r e a d t w i c e b y i t s t i t l e a n d ,
t b e a c c o m p a n y in g p a p e r , r e f e r r e d to th e C o m m itte e o n
A° n s i o n s .
j

b i l l (S. 9500) f o r t h e r e l i e f o f
M c G e a ry a n d o th e rs , w h ic h w a s re a d tw ic e b y its title
*7 W ith t h e a c c o m p a n y i n g p a p e r s , r e f e r r e d t o t h e C o m m i t t e e

M r.

CLAPP introduced a

B Claims.
{. M r- C A R T E R ( b y r e q u e s t ) i n t r o d u c e d a b i l l ( S . 9 5 0 1 ) f o r
bv
o{ C y r u s H . A b b o t t a n d o t h e r s , w h i c h w a s r e a d t w i c e
y i ts t i t l e a n d r e f e r r e d to th e C o m m itte e o n C la im s .
AMENDMENTS TO APPROPRIATION BILLS.

♦ *I r - l ° D G E s u b m itte d a n a m e n d m e n t p r o v id in g t h a t a ll co n a c ts m a d e o n b e h a lf o f th e U n ite d S ta te s f o r te le p h o n e -e x ­




3353

c h a n g e s e rv ic e s h a ll b e in s u c h fo rm a s m a y b e a p p r o v e d b v th e
A t t o r n e y - G e n e r a l , e t c ., i n t e n d e d t o b e p r o p o s e d b y h i m t o t h e
s u n d r y c iv il a p p r o p r i a t i o n b ill, w h ic h w a s r e f e r r e d to t h e C o m ­
m itte e o n A p p ro p ria tio n s .
M r. T A L I A F E R R O s u b m itte d a n a m e n d m e n t p r o p o s in g to
a p p r o p r i a t e $ 5 0 ,0 0 0 f o r a f i s h - c u l t u r a l a n d b i o l o g i c a l s t a t i o n o n
t h e G u lf o f M e x ic o in t h e S t a te o f F lo r id a , in te n d e d to b e p r o ­
p o s e d b y h im to t h e s u n d r y c iv il a p p r o p r i a ti o n b ill, w h ic h w a s
r e f e r r e d to th e C o m m itte e o n F is h e r ie s .
H e a ls o s u b m itte d a n a m e n d m e n t p ro p o s in g to a p p r o p r ia te
$ 2 5 ,0 0 0 f o r a f i s h c u l t u r a l s t a t i o n o n t h e S t . J o h n ' s R i v e r .
F lo r id a , in te n d e d to h e p r o p o s e d b y h im t o th e s u n d r y c iv il
a p p r o p r i a ti o n b ill, w h ic h w a s r e f e r r e d to t h e C o m m itte e o n
F is h e rie s .
l i e a ls o s u b m itte d a n a m e n d m e n t p ro p o s in g to a p p r o p r ia te
$ 4 ,0 0 0 t o c o m p l e t e t h e p o s t- o f f ic e , c o u r t - h o u s e , a n d c u s t o m - h o u s e
b u ild in g a t J a c k s o n v ille , F la ., in te n d e d to b e p r o p o s e d b y h im
to th e s u n d r y c iv il a p p r o p r i a ti o n b ill, w h ic h w a s r e f e r r e d to
th e C o m m itte e o n A p p r o p r ia tio n s .
M r. D E P E W s u b m itte d a n a m e n d m e n t p r o v id in g f o r th e p a y ­
m e n t o f c e r ta in ju d g m e n ts a g a i n s t t h e c o lle c to r o f i n te r n a l
re v e n u e o f th e U n ite d S ta te s fo r th e firs t d is tr ic t o f N e w Y o rk ,
e tc ., i n t e n d e d t o lie p r o p o s e d b y h i m t o t h e s u n d r y c i v i l a p p r o ­
p r i a t i o n b ill, w h ic h w a s o r d e r e d to b e p r in te d , a n d , w i t h th e
a c c o m p a n y in g p a p e r s , r e f e r r e d to th e C o m m itte e o n A p p r o p r ia ­
tio n s .
M r. M IL T O N s u b m itte d a n a m e n d m e n t p r o v id in g f o r th e
re lin q u is h m e n t a n d re le a s e to J o h n M . B ry a n , jr ., o f D a d e
C o u n ty , F la ., t h e i n te r e s t o f th e U n ite d S t a te s in a n d t o c e r ­
t a i n l a n d s s i t u a t e d in D a d e C o u n ty , F la ., in te n d e d to b e p r o ­
p o s e d b y h im to t h e s u n d r y c iv il a p p r o p r i a ti o n b ill, w h ic h w a s
r e f e r r e d to t h e C o m m itte e o n A p p r o p r ia tio n s , a n d o r d e r e d to
b e p rin te d .

He also submitted an amendment proposing to appropriate
$316.25 to pay C. M. Cox, o f B onifay, Holm es County, F l a . , fo r
services rendered ns United States commissioner in and for tlie
northern district o f Florida, intended to he proposed by him to
the sundry civil appropriation bill, w hich w as referred to the
Committee on Appropriations and ordered to be printed.
M r. F O R A K E R s u b m itte d a n a m e n d m e n t r e la tiv e to th e m a t­
t e r s in d is p u te b e tw e e n th e R o m a n C a th o lic C h u r c h in P o r lo
R i c o a n d t h e U n i t e d S t a t e s a n d t h e p e o p l e o f P o r t o R i c o , e tc .,
in te n d e d to h e p ro p o s e d b y h im to t h e s u n d r y c iv il a p p r o p r i a ­
tio n b ill, w h ic h w a s r e f e r r e d to t h e C o m m itte e o n A p p r o p r i a ­
tio n s a n d o r d e re d to b e p r in te d .
M r. B R A N D E G E E s u b m itte d a n a m e n d m e n t p r o v id in g a n
a d d itio n a l c o m p e n s a tio n o f 20 p e r c e n t o f th e a n im a l s a l a r y o f
a s s i s t a n t c le r k s a n d m e s s e n g e rs d o in g c le r ic a l w o r k in th e S en a t e , e tc ., i n t e n d e d t o l>e p r o p o s e d b y h i m t o t h e g e n e r a l d e ­
fic ie n c y a p p r o p r i a ti o n b ill, w h ic h w a s r e f e r r e d to t h e C o m m itte e
to A u d it a n d C o n tro l th e C o n tin g e n t E x p e n s e s o f th e S e n a te a n d
o r d e re d to b e p r in te d .

I

M r. R A Y N E R s u b m itte d a n a m e n d m e n t p ro p o s in g to a p p r o ­
p r i a t e $ 7 2 ,0 0 0 f o r p a y m e n t t o t h e S t a t e o f M a r y l a n d f o r t h e
p rin c ip a l su m , w ith o u t in te re s t, a d v a n c e d b y M a ry la n d to th e
U n i t e d S t a t e s u n d e r t h e p r o v i s i o n s o f a j o i n t r e s o l u t i o n o f the
g e n e r a l a s s e m b l y o f M a r y l a n d o f D e c e m b e r 1 9 , 1 7 9 1 , e t c ., i n ­
te n d e d to b e p ro p o s e d b y h im to tlie s u n d r y c iv il a p p r o p r ia tio n
b ill, w h ic h w a s r e f e r r e d to t h e C o m m itte e o n A p p r o p r ia tio n s
a n d o rd e re d to b e p rin te d .
HEARINGS BEFORE COMMITTEE ON TERRITORIES.

M r. B E V E R I D G E s u b m itte d th e fo llo w in g r e s o lu tio n ( S. R e s .
3 0 9 ) , w h ic h w a s r e f e r r e d to th e C o m m itte e to A u d it a n d C o n ­
tr o l th e C o n tin g e n t E x p e n s e s o f th e S e n a te :
R e s o l v e d , That the Committee on Territories, or any subcommittee
thereof, be authorized to send for persons and papers and to administer
oaths, employ a stenographer, and to report such hearings as may be
had in connection with anv subject which may be pending before said
committee, and have said hearings printed for the use of the commit­
tee' that the committee may sit during sessions of the Senate, and that
the’expenses thereof be paid out of the contingent fund of the Senate.

REVISION OF TENAL CODE.

M r.

HEYBURN,

I

ask

fo r

th e

a d o p tio n

o f th e

fo llo w in g

o rd e r.
T h e o rd e r w a s re a d , a s fo llo w s :
O r d e r e d , That the hill (S. 2982) to codify, revise, and amend the
penal laws of the United States be reprinted for the use of the Senate
so as to distinctly show the amendments made to said bill by the House
of R e p r e s e n t a t i v e s and the amendments made by the Senate.

M r. H E Y B U R N .
T h is is r e a lly to c o r re c t th e e n tr y in th e
r e c o r d . I f in d y e s t e r d a y t h a t t h a t p o r t i o n o f t h e o r d e r m a d e w a s
in so m e w a y o m itte d f ro m th e re c o rd . I s h o u ld lik e to h a v e th is
o r d e r to p r i n t m a d e in c o n n e c tio n w i t h th e r e p o r t o f t h e c o n f e r ­
e n c e c o m m itte e w h ic h w m s p r in te d .




3354

CONGRESSIONAL RECORD— SENATE.

M r. C L A R K E o f A r k a n s a s . I n c o n n e c tio n w i t h t h e r e q u e s t
j u s t m a d e b y th e S e n a to r fro m Id a h o , I w is h to a s k h im if t h a t
m e a n s t h a t h e is n o t g o in g to c a l l u p t h e c o n f e r e n c e r e p o r t f o r
c o n s i d e r a ti o n t o - d a y ?
M r. H E Y B U R N . I t h o u g h t t h a t w o u l d b e d e p e n d e n t u p o n
w h e n to - d a y e n d s .
I t h a s b e e n s u g g e s te d t h a t th e a d jo u r n ­
m e n t t a k e n a t t h e e n d o f t h e e u lo g i e s t o - d a y m a y b e f o r a l a t e r
h o u r to - d a y , so t h a t t h e r e c e s s c a n c a r r y t h e S e n a te o v e r t o to ­
m o r r o w . I f t h a t s h o u l d o c c u r , I w o u ld n o t l i k e t o h a v e t h e
R ecord show t h a t I a g r e e d n o t t o c a l l i t u p to - d a y .
M r. C L A R K E o f A r k a n s a s . I t m ig h t b e n e c e s s a r y f o r s o m e
o f u s t o b e a b s e n t o n b u s i n e s s c o n n e c te d w i t h t h e S e n a te .
M r . H E Y B U R N . T h a t i s t h e s i t u a t i o n a s I u n d e r s t a n d i t.
M r . C L A R K E o f A r k a n s a s . V e r y w e ll.
T h e V I C E - P R E S I D E N T . W i t h o u t o b je c tio n , t h e o r d e r i s
a g r e e d to .
INTERMARRIAGE OF WHITES AND NEGROES.

M r . M I L T O N s u b m i t t e d t h e f o l lo w in g r e s o l u t i o n ( S . R e s . 3 0 6 ) ,
w h ic h w a s r e a d :
R e s o l v e d , That the Committee on the Judiciary be discharged from
further consideration of the bill {S. S462) prohibiting the intermarriage
of any white person to a negro in the District of Columbia, or in any
Territory of the United States, and making the issuance of such mar­
riage, if any, incapable of inheritance, and describing the penalty for
such intermarriage, and defining the word “ negro,” and further pre­
scribing a penalty for any person performing such marriage ceremony.

M r. M I L T O N . I g iv e n o t ic e t h a t I s h a l l c a l l u p t h e r e s o l u ­
t io n M o n d a y n e x t i m m e d i a t e l y a f t e r t h e r o u t i n e m o r n i n g b u s i ­
n e s s f o r t h e p u r p o s e o f s u b m i t t i n g a f e w r e m a r k s th e r e o n .
T h e V I C E - P R E S I D E N T . T h e r e s o l u t i o n w i l l l ie o n t h e t a b l e .
CONGRESSIONAL DIRECTORY.

R e s o l v e d , That the Committee on Printing be, and hereby is. author­
ized to have prepared and published an edition of the Congressional
Directory for the use of Congress at its forthcoming extra session,
copies of which shall be laid on the desks of M
embers within one week
from the assembling thereof. And the Secretary of the Senate is di­
rected to pay from the contingent fund for compiling, editing, and in­
dexing the said edition the compensation usually allowed.

IMMIGRATION REPORTS.

M r. M IL T O N . I s u b m it a r e s o lu tio n a n d a s k u n a n im o u s c o n ­
s e n t f o r i ts p r e s e n t c o n s id e ra tio n .
T h e re s o lu tio n ( S . R e s. 3 0 5 ) w a s r e a d , a s fo llo w s :
R e s o l v e d , That the Secretary of Commerce and Labor is hereby di­
rected, in so far as compatible with public interest, to send forthwith
to the Senate the reports of Marcus Braun on immigration conditions
along the Mexican border; the last report of John Greenberg; the 1906
report of James B. Reynolds on conditions at Ellis Island; the report,
memoranda, and other data on the Chinese boycott by the special com­
mission, composed of J. B. Reynolds, J. W Jenks, and R M Easley,
.
. .
appointed February 24, 1906; and that the same be printed as separate
Senate documents.

be re fe rre d to

INAUGURAL CEREMONIES.

M r . K N O X s u b m i t t e d t h e f o l lo w in g r e s o l u t i o n ( S . R e s . 3 0 7 ) ,
w h ic h w a s c o n s id e re d b y u n a n im o u s c o n s e n t a n d a g re e d t o :
R e s o l v e d , That it is ordered that upon the 4th day of M
arch. 1909,
the doors of the Senate Chamber shall be opened to receive those who
are entitled to admission as shown by the programme arranged for said
day by the Joint Committee of Arrangements for the Inauguration of
the President-elect of the United States, and that such persons shall be
admitted without reference to order or precedence and shall take the
seats assigned to them and to which they will be shown by those in at­
tendance.
It Is further ordered that after the organization of the Senate shall
have been completed, those assembled in the Senate Chamber shall pro­
ceed to the platform on the center portico of the Capitol in the order
specified in the programme on arrangements, which order will be an­
nounced by an officer of the Senate.

PRESIDENTIAL APPROVALS.

A m e s s a g e f o m t h e P r e s i d e n t o f t h e U n i t e d S t a t e s , b y M r.
M . C. L a t t a , o n e o f h i s s e c r e t a r i e s , a n n o u n c e d t h a t t h e P r e s i d e n t
h a d a p p r o v e d a n d s i g n e d t h e f o l lo w in g j o i n t r e s o l u t i o n s :
O n F e b r u a r y 26, 1 9 0 9 :
S. R . 126. J o i n t r e s o lu tio n a u th o r i z i n g t h e S e c r e t a r y o f W a r
to d o n a t e s i x c o n d e m n e d c a n n o n t o t h e c i t y o f C h e v e n n e , W y o .
O n F e b r u a r y 2 7, 1 9 0 9 :
S . R . SO. J o i n t r e s o l u t i o n to p r o v i d e f o r a n a c c o u n t i n g o f c e r ­
t a i n f u n d s h e l d i n t r u s t f o r t h e C h i p p e w a I n d i a n s in M i n n e s o t a .
HOUSE BILLS REFERRED.

An
g r a n ti n S p e n s io n s a n d In c re a s e o f p en w id n w a f ? aiin s o l( I ie r s an<1 s a i l o r s o f t h e c iv i l w a r a n d c e r t a i n
^ w w d K e i^ nd*??,t r e l a t i v e s o f s u < * s o l d i e r s a n d s a i l o r s w a s
d

?on V

H . R . 2S245. A n a c t m a k i n g a p p r o p r i a t i o n s f o r s u n d r y c iv il
e x p e n s e s o f t h e G o v e r n m e n t f o r t h e f is c a l y e a r e n d in g .Tune 30,
1910, a n d f o r o t h e r p u r p o s e s , w a s r e a d t w i c e b y i t s t i t l e a n d
r e f e r r e d t o t h e C o m m itte e o n A p p r o p r i a t i o n s .
PENSIONS AND INCREASE OF PENSIONS.

T h e V IC E -P R E S ID E N T la id b e fo re th e S e n a te th e a m e n d ­
m e n t o f t h e H o u s e o f R e p r e s e n t a t i v e s t o t h e b ill ( S . 9 2 4 2 ) g r a n t ­
in g p e n s i o n s a n d i n c r e a s e o f p e n s i o n s to c e r t a i n s o l d i e r s a n d
s a i l o r s o f t h e c iv il w a r a n d t o t h e w id o w s a n d d e p e n d e n t a n d
h e lp l e s s r e l a t i v e s o f s u c h s o l d i e r s a n d s a i lo r s , w h ic h w a s , o n
p a g e 6, t o s t r i k e o u t l in e s 14 to 15, in c lu s iv e .
M r . M c C U M B E R . I m o v e t h a t t h e S e n a te c o n c u r i n t h e *
a m e n d m e n t o f th e H o u s e o f R e p re s e n ta tiv e s .
T h e m o tio n w a s a g r e e d to .
BOILER INSPECTION.

T h e b i ll ( I I . R . 2 S 1 7 5 ) t o a m e n d s e c ti o n 4 4 3 4 o f t h e R e v is e d
S t a t u t e s o f t h e U n i t e d S t a te s , a n d f o r o t h e r p u r p o s e s , w a s r e a d
t w i c e h y i t s t i t l e a n d r e f e r r e d t o t h e C o m m itte e o n C o m m e rc e .
M r. F R Y E , T h e b i ll r e l a t e s to t h e m e a s u r e m e n t o f b o i le r s
a n d tu b e s ?
T h e V IC E -P R E S ID E N T . T h a t is c o rre c t.
M r . F R Y E . I a m a u t h o r i z e d b y t h e C o m m itte e o n C o m m e r c e
to r e p o r t b a c k t h e b i ll f a v o r a b l y a n d a s k t h a t i t m a y t a k e t h e
p l a c e o u t h e c a l e n d a r o f t h e S e n a t e b ill w h i c h I r e p o r t e d y e s t e r ­
d a y , a n d t h a t S e n a t e b i ll ( S . 9 4 5 5 ) t o a m e n d s e c ti o n 4 4 3 4 o f t h e
R e v is e d S t a t u t e s , a n d f o r o t h e r p u r p o s e s , m a y b e in d e f i n i te ly
p o s tp o n e d .
T h e V I C E - P R E S I D E N T . W i t h o u t o b je c tio n , i t i s s o o r d e r e d .
REPORT OF NAVAL REORGANIZATION COMMISSION.

M r. M I L T O N s u b m i t t e d t h e f o l lo w in g r e s o l u t i o n ( S . R e s . 3 0 S ) .
w h i c h w a s r e a d a n d r e f e r r e d t o t h e C o m m i t te e t o A u d i t a n d
C o n tr o l t h e C o n t in g e n t E x p e n s e s o f t h e S e n a t e :

M r. P E N R O S E . I m o v e t h a t t h e r e s o l u t i o n
t h e C o m m i t te e o n I m m i g r a t i o n .
T h e m o ti o n w a s a g r e e d to .

Eebeuaey 27,

by ltS m ° and referred to t*»e Committee on Pen

T h e VICE-PRESIDENT l a i d b e f o r e t h e Senate t h e f o llo w in g
m e s s a g e f r o m t h e P r e s i d e n t o f t h e U n i t e d S t a t e s ( S . D o c . N o.
7 4 3 ), w h ic h w a s r e a d a n d , w ith th e a c c o m p a n y in g p a p e r, r e ­
f e r r e d t o t h e C o m m i t te e o n N a v a l A f f a ir s a n d o r d e r e d t o b e
p rin te d :

To the Senate and House of Representatives:
I s e n d y o u h e r e w i t h t h e f in a l r e p o r t o f the c o m m is s io n o n
n a v a l r e o r g a n i z a t i o n , w h i c h o u t l i n e s a n e w d e p a r t m e n t a l s v s te m .
A c c o m p a n y in g i s the l e t t e r f r o m M r. J u s t i c e M o o d y , s e n t 't o m e
in tr a n s m ittin g th e r e p o rt. I h a v e e x p re s s e d t o J u s tic e M oody
a n d l ii s a s s o c i a t e s m y p r o f o u n d s e n s e o f o b l ig a t io n f o r t h e a d ­
m ira b le w o rk th e y h a v e d o n e .
I in v ite y o u r a tte n tio n to th e so u n d a n d c o n s e rv a tiv e c h a r ­
a c t e r o f t h i s r e p o r t . I t i s in f u l l a c c o r d w i t h A m e r ic a n p o lic y ,
f o r i t r e c o g n iz e s t h e c o m p l e te s u p r e m a c y o f t h e c iv il p o w e r a s
r e g a r d s t h e m i l i t a r y n o le s s t h a n t h e c iv i l o r m a n u f a c t u r i n g
s id e o f n a v a l a d m in is tr a tio n . N o th in g d r a s t ic is re c o m m e n d e d
a s to t h e b u r e a u s o r o t h e r a g e n c ie s b y m e a n s o f w h i c h t h e
p u re ly b u s in e s s a f fa ir s o f th e N a v y D e p a rtm e n t a r e n o w a d m in ­
i s t e r e d . T h e s e a r e s i m p ly c o o r d i n a t e d a n d b r o u g h t u n d e r t h e
g e n e r a l c o n t r o l o f t h e S e c r e t a r y in s u c h m a n n e r a s t o s e c u r e
u n i t y o f e f f o r t a n d a c t i o n . T h e r e c o m m e n d a ti o n f o r t h e c r e a t i o n
o f t h e t w o c o u n c ils , t h e S e c r e t a r y 's g e n e r a l c o u n c i l a n d h i s m il l '
t a r y c o u n c il, a r e b a s e d u p o n t h e f u n d a m e n t a l a n d a l l - e s s e n t i a l
p r o p o s i t i o n t h a t a n a v y e x i s t s a n d o u g h t o n ly t o e x i s t f o r w a r ,
a n d f o r w a r a l o n e ; f o r t h e e ffic a c y o f t h e n a v y in s e c u r i n g a n d
g u a r a n t e e i n g p e a c e d e p e n d s a b s o l u t e l y u p o n i t s e v i d e n t effi­
c ie n c y f o r w a r . P r e p a r a t i o n f o r w a r c a n o n ly b e t h o r o u g h a n d
c o m p l e te i f t h e S e c r e t a r y h a s t h e s a m e e x p e r t m i l i t a r y a s s i s t ­
a n c e a n d t h e s a m e a d v i s e r s in t i m e o f p e a c e a s in t i m e o f w a r .
T h e p r o p o s e d p l a n h a s t h i s o b j e c t in v ie w . I t s h o u l d b e r e m e m ­
b e re d t h a t p e rfe c tio n o f o r g a n iz a tio n a n d tr a in in g a n d p e rfe c t
p r e p a r e d n e s s c o s t n o m o r e t h a n s l i p s h o d in e ff ic ie n c y i n s o s p e n d ­
i n g m o n e y a s t o d i s r e g a r d , o r e v e n p r e v e n t o r im p e d e , p r o p e 1
t r a i n i n g a n d p r e p a r e d n e s s . T h e p l a n o u t l i n e d d o e s n o t im p ly
a n y g r e a t e r e x p e n d i t u r e o f m o n e y t h a n a t p r e s e n t I t p r o v id e s
m e r e l y t h a t t h e m o n e y s h o u l d b e s p e n t w is e l y , I n s t e a d o f a s a t
p r e s e n t sp e n d in g i t so t h a t a c e r ta in p ro p o rtio n is w a s te d >
f r ic tio n o r in u s e le s s w o rk . T r a in in g a n d p r e p a r a tio n a r e e *
s e n t i a l e l e m e n t s o f s u c c e s s i n w a r . I t i s n e c e s s a r y t o h a v e tn
b e s t s h i p s a n d t o h a v e a s u f f ic ie n t n u m b e r o f t h e m ; h u t t n
n u m b e r a n d c h a r a c te r o f s h ip s w ill n o t n e c e s s a rily b rin g vi
t o r y . E f f ic ie n c y i n o r g a n i z a t i o n a n d p e r s o n n e l m u s t b e t h e n in
d e p e n d e n c e In s e c u r i n g v i c t o r y w h e r e t h e r e i s e v e n a n a p p r ° x
m a te e q u a lity in m a te ria l.
T o s u p p l e m e n t a n d f i n is h t h e w o r k o f t h i s commission a
o t h e r c o m m is s io n m u s t e v e n t u a l l y b e d e s i g n a t e d t o t a k e u p
p r o p o s e d p l a n a n d c o m p l e te i t a s t o d e t a i l s ; b u t n o p l a n
b e s a t i s f a c t o r y i f t h e r e is d e v i a t i o n f r o m t h e e s s e n t i a l m
p r i n c i p l e s s p e c if ie d in t h i s r e p o r t . T h e s e p r i n c i p l e s n r c *
w h ic h a ll so u n d n a v a l e x p e r ts h a v e c o m e to re c o g n iz e a s fu n
m e n ta l. I c a ll y o u r a tte n tio n to th e f a c t t h a t th e c o m m its
w h o s e c o n c l u s i o n s I l a y b e f o r e y o u , w a s c o m p o s e d o f fiv e re .

1909

COXGRESSIONAL RECORD— SEXATE.

j u s t a s i t w a s w h e n I m a d e a p o in t o f o r d e r a g a in s t it.
T hat
p o in t o f o rd e r w a s s u s ta in e d ; a n d if it is a m e n d e d , I sh a ll m a k e
th e p o in t o f o r d e r o n it a g a in , w h ic h m u s t a ls o b e s u s ta in e d .
I a m c o n te n t to le t i t g o a s t h e S e n a to r h a s n o w p r e s e n te d it.
A lth o u g h I h a v e s o m e o b je c tio n to it, I w ill n o t m a k e th e p o in t
o f o rd e r.
M r. L O D G E .
I m o v e to s t r i k e o u t t h e w o r d s w h ic h I h a v e
in d ic a te d .
M r. S M I T H o f M ic h ig a n .
I h a v e n o a lte r n a tiv e th a n to ta k e
t h e s e n s e o f t h e S e n a te u p o n it.
T h e V IC E -P R E S ID E N T .
T h e S e n a to r fro m M a s s a c h u s e tts
p ro p o s e s a n a m e n d m e n t, w h ic h w ill b e s ta te d .
T h e Secretary. I t i s p r o p o s e d t o s t r i k e o u t t h e w o r d s :
P ro v id ed , fu r t h e r ;

been first obtained.

That the consent of the State of Michigan having

3367

S. 8654. A n a c t f o r th e r e lie f o f c e r ta in o c c u p a n ts o f u n s u r s e y e d p u b lic la n d s in C r a ig h e a d C o u n ty , A rk .
T h e m e s s a g e a ls o a n n o u n c e d t h a t th e H o u s e h a d a g r e e d to th e
a m e n d m e n ts o f th e S e n a te to t h e fo llo w in g b i ll s :
H . R . 4286. F o r th e r e lie f o f J o h n S h u ll; a n d
H . R . 15681. F o r t h e r e lie f o f th e C o m p a n fa d e lo s F e r r o c a r r i l e s d e P u e r t o R ic o .
T h e m e s s a g e f u r t h e r a n n o u n c e d t h a t th e I-Io n se h a d d is a g r e e d
to th e a m e n d m e n ts o f th e S e n a te to th e b ill (H . R . 2 7 0 5 3 ) m a k ­
in g a p p r o p r ia tio n s f o r th e D e p a r tm e n t o f A g r ic u ltu r e f o r t h e
fis c a l y e a r e n d in g J u n e 30, 1910, a s k s a c o n f e r e n c e w i t h t h e
S e n a te o n th e d is a g re e in g v o te s o f th e tw o H o u s e s th e re o n , a n d
h a d a p p o i n t e d M r . Scott, M r . H augen, a n d M r . Lamb m a n a g e r s
a t th e c o n fe re n c e on th e p a r t o f th e H o u se.

agricultural appropriation bill.

M r. IIE Y B U R N .
T h e id e a o f c o n d e m n in g la n d o n th e s h o re
w i t h o u t d e f in in g t h e l im i ts w ill b e d is p o s e d o f in v e r y s h o r t
o rd e r.
I d o n o t th in k w e n e e d b e d is tu rb e d m u c h a b o u t th a t.
O th e rw is e , I s h o u ld b e in c lin e d to o p p o se th e e s ta b lis h m e n t
o f th is k in d o f a p re c e d e n t.
T h e V IC E -P R E S ID E N T .
T h e q u e s tio n is on a g re e in g to th e
a m e n d m e n t o f th e S e n a to r fro m M a s s a c h u s e tts to th e a m e n d ­
m e n t o f t h e S e n a to r f r o m M ic h ig a n .
T h e a m e n d m e n t to th e a m e n d m e n t w a s re je c te d .
T h e a m e n d m e n t w a s a g r e e d to .
M r. B A IL E Y .
I c a ll th e a tte n tio n o f th e c h a irm a n o f th e
c o m m itte e to t h e a m e n d m e n t o f t h e S e n a te c o m m itte e , w h ic h
a p p e a r s o n p a g e 4 4 , l i n e s 1 4 , 1 5 , a n d 1G. I a s k t h e c h a i r m a n t o
c o n s e n t t h a t t h e a m o u n t s h a ll b e s t r i c k e n f r o m t h e b ill.
M r. F R Y E .
I t h a s a lre a d y b een d o n e.
T h e V IC E -P R E S ID E N T .
I t h a s a lre a d y b een done.
M r. M IL T O N .
I o ffe r th e a m e n d m e n t I s e n d to th e d e sk .
T h e S e c r e ta r y , O n p a g e 7, a f t e r lin e 3, i t is p r o p o s e d to
in s e rt:

T h e V IC E -P R E S ID E N T la id b e fo re th e S e n a te th e a c tio n o f
th e H o u s e o f R e p r e s e n ta tiv e s d is a g re e in g to th e a m e n d m e n ts o f
th e S e n a te to th e b ill ( H . R . 2 7 0 5 3 ) m a k in g a p p r o p r i a ti o n s f o r
th e D e p a r t m e n t o f A g r i c u lt u r e f o r t h e fis c a l y e a r e n d in g J u n e
30, 1910, a n d r e q u e s tin g a c o n fe re n c e w ith th e S e n a te o n th e d is ­
a g re e in g v o te s o f th e tw o H o u s e s th e re o n .
M r. W A R R E N .
I m o v e t h a t th e S e n a te in s is t u p o n i ts a m e n d ­
m e n ts , t h a t t h e r e q u e s t o f t h e H o u s e f o r a c o n f e r e n c e b e
g r a n te d a n d t h a t th e C h a ir a p p o in t th e c o n fe re e s o n th e p a r t
o f t h e S e n a te .
T h e m o tio n w a s a g r e e d t o ; a n d t h e V ic e - P r e s id e n t a p p o in te d
M r . Warren, M r . D olliver. a n d M r . Money c o n f e r e e s o n t h e
p a r t o f th e S e n a te .
MEMORIAL ADDRESSES ON THE LATE SENATOR LATIMER.

M r. T IL L M A N .
M r. P r e s id e n t, I s u b m it th e r e s o lu tio n s I
s e n d to th e d e s k , a n d I a s k f o r t h e i r p r e s e n t c o n s id e r a tio n .
T h e r e s o lu tio n s w e r e r e a d , c o n s id e r e d b y u n a n im o u s c o n s e n t,
a n d u n a n im o u s ly a g r e e d to , a s f o llo w s :

That for securing a depth of 22 feet at East Tass, St. Georges Sound,
Senate resolution 310.
Florida, $15,000, said amount to be Immediately available, in order to
R e s o l v e d , That the Senate has heard with profound sorrow of the
c
continue the work now being done by the dredge boat Caucus.
death of the Hon A sburx C. L a t im e r , late a Senator from the State
of South Carolina.
The amendment was agreed to.
R e s o l v e d , That as a mark of respect to the memory of the deceased
M r . O W E N . O n p a g e 4 4 , a f t e r l i n e 2, I m o v e t o i n s e r t :
lenator, the business of the Senate be now suspended to enable his
And thence to Tulsa, reporting an estimate of the cost to make
ssociates to pay proper tribute to his high character and distinguished
lubllc services.
f . same navigable.
R e s o l v e d , That the Secretary communicate a copy of these resolu­
T h e a m e n d m e n t w a s a g r e e d to .
tions to the House of Representatives and transmit a copy thereof to
M r. T E L L E R .
O n p a g e 1 9 , I m o v e t o s t r i k e o u t f r o m l i n e 1 4 the family of the deceased Senator.
to th e w o rd “ c o m p e n s a tio n ,” in lin e 5 o n th e n e x t p a g e .
M r. P I L E S .
I d o n o t g e t th e a m e n d m e n t.
M r. T E L L E R .
I t c o m m e n c e s in lin e 1 4 a n d c o n tin u e s to lin e
5 on th e n e x t p ag e.
M r. P I L E S .
I w is h th e S e n a to r w o u ld w ith h o ld t h e a m e n d ­
m e n t u n t il t h e S e n a to r f r o m M ic h ig a n , w h o h a s s te p p e d o u t o f
th e C h a m b e r, r e tu rn s .
T h a t a ffe c ts h is S ta te v e ry m a te ria lly .
I d o n o t th in k h e w o u ld lik e to h a v e i t d is p o s e d o f in h is
absen ce.
M r. T E L L E R .
I t d o e s n o t se e m to m e a s th o u g h w e a r e
g o in g t o c o m p le te t h e b ill to -d a y .
M r. F R Y E .
I h o p e th e S e n a to r fro m C o lo ra d o w ill n o t
r e f r a i n fr o m o ffe rin g h is a m e n d m e n t in t h e a b s e n c e o f th e
Senator f r o m M i c h i g a n . I w a n t t o g e t t h e b i l l t h r o u g h b e f o r e
3 o ’c lo c k .
M r. T E L L E R .
I h a v e o ffe re d th e a m e n d m e n t m e r e ly b e c a u s e
I w a n t to k e e p m y p e rs o n a l re c o rd r e a s o n a b ly c le a r.
I d e s ire
th e S e n a te to u n d e r s ta n d t h a t I d o n o t a g re e to it.
T h e V IC E -P R E S ID E N T .
T h e q u e s tio n is o n a g re e in g to th e
a m e n d m e n t p ro p o s e d b y t h e S e n a to r f r o m C o lo ra d o .

The amendment was rejected.
T h e b ill w a s r e p o r te d to t h e S e n a te a s a m e n d e d , a n d th e
a & ie n d m e n ts w e r e c o n c u r r e d in .
M r. T E L L E R .
I d e s i r e to make a 'formal motion. I will not
debate it. I m o v e t o strike out section 11.

to

The amendment was rejected.
The amendments were ordered to be engrossed
be read a third time.

and

the bill

T h e b ill w a s r e a d th e t h i r d tim e a n d p a s s e d .
HOUR OF MEETING

Mr. ALDRICH.

M O ND AY.

I

m o v e th a t w h e n th e S e n a te
i t b e t o m e e t a t 1 1 o ’c l o c k o n M o n d a y n e x t .

adjourns to-

The motion was agreed to.
MESSAGE FROM THE HOUSE.
A m e s sa g e fro m th e H o u s e o f R e p r e s e n ta tiv e s b y M r. W . J .
g o w n i n g , its C h ie f C le rk , a n n o u n c e d t h a t th e H o u s e h a d
P a ss e d th e fo llo w in g b i ll s :
S .8 5 5 4 . A n a c t a u t h o r i z i n g t h e S e c r e t a r y o f t h e I n t e r i o r to
J7*11 P a r t o r a l l o f t h e s u r p l u s l a n d s o f m e m b e r s o f t h e I v a w o r
K a n s a s a n d O s a g e tr ib e s o f I n d i a n s in O k la h o m a , a n d f o r o th e r
e p o se s;

and




M r. T IL L M A N .
M r. P re s id e n t, i t is a l it t le m o re t h a n f o u r ­
te e n y e a r s s in c e I w a s s e n t b y t h e p e o p le o f S o u th C a r o lin a to b e
o n e o f th e ir re p re s e n ta tiv e s in th is C h a m b e r. A s th in g s n o w a r e
t h a t is a b o u t o n e -th ird o f th e a v e ra g e life tim e o f a m a n , a n d w h ile
d u r in g th e tim e th e r e h a v e tr a n s p ir e d m a n y e v e n ts o f n a tio n a l
im p o r ta n c e , i t s e e m s h u t a b r ie f p e r io d a f t e r a ll.
Y e t d u rin g
t h i s c o m p a r a t i v e l y s h o r t s p a n I h a v e s e r v e d h e r e w i t h f iv e
U n ite d S t a te s S e n a to r s f r o m S o u th C a r o lin a , a n d a f t e r th e 4 th
o f M a r c h m y s i x t h c o l l e a g u e w i l l h a v e t a k e n t h e o a t h a t the
d e s k . I t is a s tr a n g e c o in c id e n c e t h a t a ll o f th e s e m e n w h o
h a v e c o m e a n d g o n e s a v e o n e w e re y o u n g e r in y e a r s th a n I.
T h r e e o f th e m h a v e a n s w e r e d th e ro il c a ll o n th e o th e r s id e o f
th e riv e r.
F i r s t in se rv ic e , J o h n L o w n d e s M a n n in g I r b y , b r ig h t,
b ra v e , w itty , a n d g e n ia l ; n e x t, th e k n ig h tly a n d c o u rtly J o s e p h
I l a y u e s w o r t h E a r le , f o r c e f u l, lo g ic a l, c h iv a lr o u s , a n d in e v e r y
w a y w e ll e q u ip p e d f o r w o r k in t h e fo r u m o r o n th e b e n c h ; la s t,
A seuby Chubchwell Latimer, w h o , w h i l e d e n i e d i n y o u t h
th o s e a d v a n ta g e s o f e d u c a tio n p o s s e s s e d b y t h e o t h e r tw o , w a s
in s o m e r e s p e c ts t h e s u p e r io r o f e it h e r o f th e m .
H is w a s n o t a c a r e e r w h ic h o n e w o u ld n a tu r a ll y e x p e c t to
f o llo w f r o m c h il d i s h e n v ir o n m e n t a n d f a m ily t r a d i t io n , a s w a s
t h e c a s e o f t h e o t h e r tw o .
W h ile o f a g o o d fa m ily , h is o p p o r­
t u n itie s , o w in g to t h e w a r , w e r e p o o r a n d h e e a r ly h a d to b e g in
th e s tr u g g le o f life , w h ic h b a r r e d h im f r o m t h e e d u c a tio n a n d
t h a t a c q u a in ta n c e w ith b o o k s w h ic h a r e in g r e a t d e g re e e s s e n ­
t ia l in a p u b lic c a r e e r .
B u t th e o b s ta c le s h e o v e rc a m e a n d th e
fo rc e o f c h a r a c te r a n d n a tiv e m e n ta l v ig o r w h ic h h e d is p la y e d
m a r k e d h im a s a m a n w h o o f n e c e s s ity w o u ld h a v e m a d e a n im ­
p r e s s in a n y w a lk o f life .
H e w a s b o r n in w h a t w a s t h e n A b b e v ille d i s t r i c t , S o u th C a r o ­
lin a . J u l y 31, 18 5 1 — A b b e v ille , w h ic h h a s g iv e n b i r t h to o r b e e n
t h e h o m e s o f s o m a n y o f S o u t h C a r o l i n a ’s i l l u s t r i o u s s o n s — C a l ­
h o u n . C h e v e s , N o b le , M c D u f f ie , B u r t , G a r y , M c G o w a n , t h e t w o
W a r d la w s , P e r r in , n o t to m e n tio n m y p r e s e n t c o lle a g u e . T h e
o r ig in a l s e t tl e r s o f t h a t c o u n ty w e r e S c o tc h - I r is h P r e s b y t e r ia n s
a n d F re n c h H u g u e n o ts .
T h e i r d e s c e n d a n ts h a v e w e ll i ll u s ­
tr a te d th e s tu rd y t r a i t s a n d h ig h id e a ls o f th e ir a n c e s to rs .
Asbuby Chubchwell Latimer w a s o n l y 1 4 w h e n t h e w a r
c lo s e d , a n d c o u ld n o t, o u a c c o u n t o f p o v e r ty , d e v o te m u c h t im e to
g e ttin g a n e d u c a tio n , a n d e a r ly s e t a b o u t m a p p in g o u t a c a r e e r
fo r h im s e lf a n d w o rk in g to w a rd m a k in g o f life a su c c e ss. H e




CONGRESSIONAL RECORD—SENATE.
m a r r i e d q u i te y o u n g , o n e o f t li e s a f e s t a n d b e s t t h i n g s f o r a n y
m a n to d o w h o w is h e s to p r e s e r v e h ig h i d e a l s a n d g a in t h e in ­
s p i r a t i o n w h ic h a lo n e c o m e s f r o m c o n ta c t a n d a s s o c ia tio n w ith
g o o d a n d n o b le w o m e n . H e h a d a h a r d s t r u g g l e f o r a f e w y e a r s
a s a f a r m e r , b u t, p o s s e s s e d o f g r e a t e n e r g y a n d a k e e n b u s in e s s
s e n s e , h e so o n o u t s t r i p p e d m o s t o f h is f e llo w s in g a t h e r i n g a
c o m p e te n c e , a n d w a s so s u c c e s s f u l a s a b u s in e s s m a n t h a t in
l a t e r y e a r s h e h a d g r o w n to b e w h a t i n t h e S o u th i s c o n s id e r e d
w e a lth y .
A f t e r t h e d e a t h g r a p p le u p o n w h ic h t h e p e o p le o f S o u th C a r o ­
l i n a e n te r e d in 1S7G w i t h t h e c a r p e tb a g g e r s a n d n e g r o e s f o r th e
m a i n t e n a n c e o f w h i t e c iv iliz a tio n , d u r i n g w h ic h c r i s i s M r. L a t i ­
m e r d id h i s f u l l d u t y , l ik e m a n y o t h e r f a r m e r s , h e r e la p s e d
i n to in d if f e r e n c e t o p u b lic a f f a i r s . I t w a s o n ly in 1S90, w h e n 3D
y e a r s o f a g e , t h a t h e c a m e to t h e f r o n t a s a n a c t i v e p o litic a l
f a c t o r in h i s c o u n ty a n d S t a te . H e h a d m o v e d t o B e lto n , in
A n d e r s o n C o u n ty , in 1S80, a n d w h e n w h a t w a s k n o w n a s th e
“ f a r m e r s ’ m o v e m e n t ” o r “ r e f o r m c a m p a i g n ” s h o o k t h e S t a te
f r o m c e n t e r to c ir c u m f e r e n c e , h is s t u r d y g o o d s e n s e a n d f o r c e f u l
m a i m e r o f s p e a k in g w o n h im t h e c o n fid e n c e a n d s u p p o r t o f h is
f r i e n d s a n d n e ig h b o r s , a n d h e s o o n b e c a m e a n a c k n o w le d g e d j
le a d e r.
I t w a s d u r in g th e y e a r 1890 w h e n I w a s a c a n d id a te fo r gov­
e r n o r t h a t I f i r s t b e c a m e a c q u a in t e d w i t h h im , a n d I h a v e h a d ,
t h e r e f o r e , th e f u l l e s t o p p o r t u n it y to o b s e r v e a n d n o t e w i t h s u r ­
p ris e a n d a d m ira tio n th e w o n d e rfu l g ro w th o f th e m an . H is
ig n o r a n c e o f p u b lic a f f a i r s a n d c u r r e n t p o l it i c a l e v e n ts w a s
t h e n s o g r e a t t h a t i t w o u ld h a v e b e e n t h o u g h t u t t e r l y a b s u r d
t h a t tw o y e a r s l a t e r h e w o u ld b e a s u c c e s s f u l c a n d i d a t e f o r
C o n g r e s s a g a i n s t o n e o f t h e a b le s t l a w y e r s a n d b e s t s p e a k e r s
in t h e S t a te , o r t h a t i t w o u ld b e p o s s ib le f o r h im to h o ld t h a t h ig h
p o s itio n w i t h g r e a t c r e d i t to h i m s e l f a n d e n t i r e s a t is f a c ti o n to
h i s c o n s t it u e n ts f o r t e n y e a r s , a n d t h e n b e e le c te d to t h e U n ite d
S t a t e s S e n a te o v e r a m a n so p o p u l a r t h a t h e h a d b e e n r e ­
c e n tly e le c te d g o v e r n o r a n d w h o w a s w i t h a l a g o o d o r a t o r
a n d a b le la w y e r .
T h e s e a c h ie v e m e n ts in p o litic s w e r e n o t
brought a b o u t b y c h ic a n e r y o r t r i c k e r y o f p a r t y c o n v e n tio n s ,
b u t t h r o u g h t h e p r i m a r y s y s te m , w h e r e t h e a p p e a l m u s t b e m a d e
d i r e c t l y to t h e v o t e r s th e m s e lv e s . W h e n h e e n te r e d t h e r a c e
f o r C o n g r e s s i n 1 S92 I d o u b t i f h e h a d e v e r a t t e m p t e d to a d ­
d r e s s a t a n y l e n g t h a n y a s s e m b la g e o t h e r t h a n a S u n d a y s c h o o l
o r o t h e r r e lig io u s g a th e r in g , f o r h i s b e n t o f m in d w a s in t h a t
d i r e c ti o n . B u t w i t h v e r y l i t t l e p r a c t i c e h e d e v e lo p e d in to o ne
o f t h e b e s t s tu m p s p e a k e r s w e h a v e e v e r h a d in t h e S t a te .
W h e n h e e n te r e d C o n g r e s s h e b e g a n to s t u d y p u b lic q u e s tio n s ,
a n d t h e f a c i l i t y w i t h w h ic h h e m a s te r e d d e t a i l s a n d g a in e d a c n u a i n t a n c e w i t h p o l it i c a l a n d g o v e r n m e n ta l h i s t o r y w a s w e lln m h m a r v e lo u s . O n ly th o s e w h o k n o w h o w i g n o r a n t a n d s u n p ie - m in d e d h e w a s e ig h te e n y e a r s a g o , a s f a r a s p o litic s w a s
c o n c e r n e d , c o u ld b e lie v e i t p o s s ib le t h a t m so s h o r t a t im e h e
w o u ld b e c o m e v e r s e d in p u b lic a f f a i r s to s u c h a n e x t e n t t h a t
h e c o u ld v e n t u r e to e u t e r i n to t h e d e b a t e s in t h e o t h e r H o u s e
a n d in t h e S e n a te w i t h a n y d e g r e e o f s a f e t y o r s u c c e s s .
W h ile a M e m b e r o f t h e H o u s e h e e a r l y b e c a m e d e e p ly i n t e r ­
e s t e d in t h e s u b j e c t o f r u r a l f r e e d e liv e r y , a n d h e w e n t a b o u t
p r e s s i n g e x p e r i m e n t s a lo n g t h a t l in e a n d u r g i n g i t s u n i v e r s a l
a d o p tio n w i t h s u c h v ig o r t h a t h e m u s t b e c o n s id e r e d a s o n e
o f t h e p io n e e r s a n d a p o t e n t i n s t r u m e n t a l i t y in t h e i n a u g u r a t i o n
o f t h a t g r e a t a n d b e n e fic e n t s y s te m . A n o t h e r m a t t e r w i t h w h ic h
h i s n a m e w ill lo n g b e a s s o c i a t e d w a s t h e g o o d - r o a d s q u e s tio n .
S o w e ll p o s te d d i d h e b e c o m e o n t h i s s u b j e c t t h a t h e w a s i n v it e d
t o m a n y S t a t e s o t h e r t h a n h i s o w n t o a d d r e s s m e e tin g s c a lle d
f o r t h e p u r p o s e o f a d v a n c in g t h e c o n s t r u c t i o n o f b e t t e r h ig h W H e w a s a n a r d e n t f r i e n d o f every m e a s u r e lo o k in g to th e a d ­
v a n c e m e n t a n d u p l i f t o f t h e a g r i c u l t u r a l i n te r e s t s . B e in g a
p r a c tic a l f a rm e r h e u n d e rs to o d th e n e e d s o f o th e r f a rm e rs a n d
c o u ld th e b e t t e r s e t a b o u t a i d i n g in le g i s l a ti o n f o r t h e i r a d v a n ­
ta g e
Early in h i s p u b lic c a r e e r h e b e c a m e t h e s t a n c h f r i e n d
a n d s u p p o rte r o f th e A g ric u ltu ra l D e p a rtm e n t, a n d w a s e \ e r on
t h e w a t c h to a i d in th e d e v e lo p m e n t a n d g r o w t h o f t h a t g r e a t
b u re au .
U p t o t h e a g e o f 4 0 i t is d o u b t f u l i f a n y m a n in A m e r ic a n
p o litic s h a d m a d e so l i t t l e p r e p a r a t i o n f o r a p o l it i c a l e a r e e l <is it.
T h e r e a r e n o t a n y t h a t I k n o w o f, e x c e p t A n d r e w J o h n s o n , w h o
w i t h so s m a ll a b e g in n in g , a c h ie v e d a m o re s ig n a l s u c c e s s a s a
p u b lic m a n . l i e a n d I e n te r e d th e p o litic a l a r e n a to g e th e i in
1890. a n d w e r e o n t e r m s o f i n tim a c y a n d f r i e n d s h ip w i t h o u t a
b r e a k d u r i n g t h e e n t i r e e ig h te e n y e a r s s in c e . I h a v e l i t t l e o r n o
d o u b t t h a t h a d h e liv e d h e w o u ld h a v e b e e n r e e le c te d to t h e
S e n a te . A n d t h u s o n e o f t h e s t r a n g e a n d i n s c r u ta b l e m a n i f e s t a ­
t io n s o f t h e D iv in e P r o v id e n c e is b r o u g h t h o m e to m e , t h a t a
m a n so m u c h m y j u n i o r In y e a r s , a n d so s t r o n g a n d v ig o r o u s in
b o d y a n d m in d , s h o u ld h a v e b e e n s n a t c h e d f r o m a l i f e o f g r e a t
u s e f u ln e s s a n d p r o m is e in s u c h a n u n tim e ly a n d u n e x p e c te d
m a n n e r.

February 27,

H e w a s in t h i s C h a m b e r , h e a l t h y a n d s tr o n g , a t t e n d i n g to
h is d u t ie s a s a S e n a to r , o n e w e e k , a n d t h e n e x t w e w e r e c a lle d
u p o n to w i t n e s s h is s u d d e n a n d s a d d e a t h . O f a s t u r d y a n d
v ig o r o u s s to c k a n d w i t h e v e r y p r o m is e o f a lo n g a n d u s e f u l
c a r e e r , h e d e p a r t e d f r o m a m o n g u s , a g a i n i l l u s t r a t i n g , a s is so
o f te n t h e c a s e , t h e b e a u t y a n d p a th o s o f t h e l i n e s :

M that is bom of woman is of few days, and full of trouble. He
an
cometh forth like a flower, and is cut down: lie fleeth also as a shadow,
and continueth not.
As the waters fail from the sea, and the flood decayeth and drieth up:
So m lieth down, and riseth not: till the heavens be no m they
an
ore,
shall not awake, nor be raised out of their sleep.
I t i s id le f o r u s to c o m p la in o r to w o n d e r a t t h e i n s c r u ta b l e
w a y s o f t h e C r e a t o r . T h e s e t h in g s h a v e a lw a y s b e e n a n d a lw a y s
w ill be. W e c o m e in to b e in g a n d e n t e r u p o n t h e b a t t l e o f lif e
f u l l o f a r d o r a n d e a g e r f o r t h e f r a y . I n t h e m id s t o f o u r w o r k
t h e s u m m o n s c o m e s, a n d w e k n o w n o t w h y w e a r e c a lle d , b u t
w e m u s t r e s p o n d . S o w e p a s s a lo n g d o w n to t h e g r a v e a n d
j o in t h e g r e a t a n d s i l e n t m a j o r i t y w h o h a v e p r e c e d e d u s .
S e n a to r L atimer had his faults and weaknesses, as all of us
have, b u t he was generous, brave, and had many noble qualities,
l i e is gone and w e mourn liis loss. Ho can not come back to us,

but we must go to him in a brief while.

The boast of heraldry, the pom of power,
p
And all that beauty, all that wealth e'er gave,
Await alike the inevitable hour:
The paths of glory lead but to the grave.
M r. H E M E X W A Y . M r. P r e s i d e n t, I w a n t t o j o in m y f r i e n d s
in a d d in g a w o r d o f t r i b u t e to t h e m e m o r y o f S e n a to r L atimer.
I le a r n e d to k n o w h i s r e a l w o r t h w h ile s e r v i n g w i t h h im in C o n ­
g r e s s , a n d I a m t o ld t h a t in h i s e a r l y lif e h e s e le c te d t h e m o tto ,
“ t h a t s u c c e s s la y n o t in t h e c h a r a c t e r o f t h e w o r k , b u t in t h e
v im a n d t h o r o u g h n e s s w i t h w h ic h i t w a s e x e c u te d .” W h a t a
w o r th y p r e c e p t t h a t i s ! A n d i t is e s p e c ia lly w o r t h y in t h i s d a y
o f tr e m e n d o u s b u s in e s s a c t i v i t y a n d w o n d e r f u l n a t i o n a l d e v e lo p ­
m e n t.
M o s t m e n w h o f a il, f a l l n o t b e c a u s e o f i n a b i l it y o r in c a p a c ity ,
b u t b e c a u s e o f th e la c k o f t h o r o u g h n e s s a n d j u d g m e n t w i t h
w h ic h t h e y u n d e r t a k e to d o th in g s .
S e n a to r L a t im e r s to o d
h ig h in t h e e s te e m o f h i s c o lle a g u e s in t h e S e n a te , a n d h i s w o r k
w a s h ig h ly a p p r e c ia t e d . A n d w e p a y h im t h e h i g h e s t t r i b u t e
w h e n w e s a y t h a t h e w a s a h ig h - m in d e d , h o n e s t, i n d u s t r i o u s
S e n a to r , w h o lo v e d h i s h o m e , h is S t a te , a n d h i s c o u n tr y .
M r. O V E R M A N . M r. P r e s i d e n t, o n t h e 4 t h d a y o f M a r c h ,
j
1903, 3 0 S e n a to r s w e r e s w o r n iu a n d to o k t h e i r s e a t s in t h is
j
C h a m b e r f o r a t e r m o f s ix y e a r s , a n d i t i s r e m a r k a b l e b u t s a d
,
to r e l a t e t h a t in so s h o r t a s p a c e o f tim e o n e - s ix th o f t h a t n u m ­
j b e r h a v e p a s s e d i n to t h e g r e a t b e y o n d . O f t h a t n u m b e r , to ­
1 g e th e r w i t h 9 o t h e r s o f o u r n o b le S e n a to r s w h o w i t h i n t h a t
s h o r t tim e h a v e t a k e n t h e i r c h a m b e r in t h e s i l e n t h a ll s o f
d e a t h , w a s H o n . A sbcby C. L atimer , j u n i o r S e n a to r f r o m th e
S t a t e o f S o u th C a r o lin a , in w h o s e m e m o r y I , m in d f u l o f h is
lo n g a n d p a t r i o t i c p u b lic s e rv ic e , d e s i r e to a d d a f e w w o r d s to
th o s e w h ic h h a v e a l r e a d y b e e n s a i d in t e s tim o n y o f h i s w o r t h
a n d c h a ra c te r.
I w o u ld c o n tr i b u t e a m o d e s t a n d s im p le t r i b u t e t o o u r friend
w h o s e p r e s e n c e w e m is s a n d w h o s e f a c e w e w ill s e e n o m o re
u p o n t h i s e a r t h . A t t h e tim e h e e n te r e d th e S e n a te b e w a s
i n t h e f if ty - f ir s t y e a r o f h i s a g e — j u s t in t h e p r i m e o f h is m a n ­
hood.
O f s p le n d id p h y s iq u e , h e a l t h y a n d r o b u s t, t a l l a n d
s t a te l y , h e g a v e p r o m is e f r o m a h u m a n s t a n d p o i n t o f o u tliv in g
a ll o f h is c la s s w h o w e r e s w o r n in t h a t d a y .
H e c a m e t o t h e S e n a te f r o m t h e H o u s e o f R e p r e s e n ta tiv e s ,
w h e r e h e h a d s e r v e d f o r te n y e a r s . L ik e m o s t o f o u r southern
y o u th s , a t t h e c lo s e o f t h e c iv il w a r h e h a d b u t fe w a d v a n t a g e s
f o r a n e d u c a tio n , a n d o n ly a t t e n d e d f o r a f e w m o n th s in th e
y e a r w h a t w a s k n o w n a s t h e “ o ld fie ld ” s c h o o ls . H e w o r k e d
u p o n t h e f a r m . H e c a m e u p t h r o u g h p o v e r ty , a m i d s t g re a
s t r u g g l e s a n d t r ib u l a t i o n s , w i t h o u t a p r o f e s s io n , f r o m t h e f a 111'
to r e a c h t h e g r e a t e s t office in t h e g i f t o f t h e p e o p le n e x t to tu
P r e s id e n c y .
f ,
In h is y o u n g m an h o o d he b e ca m e o n e o f th e m o st su ccess! _
f a n n e r s in ills c o m m u n ity , a n d in 1878 h e w a s h a p p il y m a r r ie c
to M is s A lic e B r o w n , a n ie c e o f G o v e rn o r, a f t e r w a r d s S e n a te ,
J o e B r o w n , o f G e o rg ia . S h e b r o u g h t to h im b e a u t y , re fin e m e n ,
a n d c u lt u r e . S h e c a s t h e r lo t w i t h h im f o r b e t t e r o r f o r w o rs e ,
a n d th r o u g h o u t h i s l if e f r o m t h a t tim e u n t i l h is d e a t h s h e w
a n i n s p i r a t i o n to h im . l i e w a s s u c c e s s f u l in b u s in e s s a n d w
lo o k e d u p o n a s o n e o f t h e le a d in g c itiz e n s in h is c o u n ty .
W h e n t h e g r e a t j» o litlc a l u p h e a v e l c a m e in S o u th C a r o 1' ‘ ’
w h e n t h e f ire s o f d i s c o n te n t a g a i n s t t h e o ld r e g im e w h ic h n
b e e n f o r y e a r s s m o ld e r in g in t h e h e a r t s o f t h e p e o p le , b \
f o r t h , w h e n t h e d i s s a t i s f a c t i o n o f t h e c o u n tr y p e o p le
w h a t w a s c a lle d t h e “ a r i s t o c r a t s ” — t h e c ity p e o p le who f o r >
h a d h e ld a l l t h e i m p o r t a n t offices— a t l a s t f o u n d e x p r e s s io n

1909.

CONGRESSIONAL RECORD— SENATE.

M r. K E A N .
I a s k u n a n im o u s
s id e r a tio n o f th e re s o lu tio n .
M r. O W E N .
M r. P r e s id e n t, T w
T h e V IC E -P R E S ID E N T .
The
je c ts to th e p r e s e n t c o n s id e ra tio n
to th e c a le n d a r.

c o n s e n t f o r tlie

p re sen t co n ­

is h to o b je c t to th e re s o lu tio n .
S e n a to r fro m O k la h o m a o b ­
o f t h e re s o lu tio n .
I t w ill go

CR W RESERVATION, MONTANA.
O
M r. K E A N , f r o m th e C o m m itte e to A u d it a n d C o n tr o l th e
C o n tin g e n t E x p e n s e s o f t h e S e n a te , to w h o m w a s r e f e r r e d S e n ­
a t e r e s o l u t i o n 2 0 8 , s u b m i t t e d by M r . Cl a it o n t h e 2 5 t h u l t i m o ,
r e p o r t e d it. w i t h o u t a m e n d m e n t , a n d i t w a s c o n s i d e r e d b y u n a n i ­
m o u s c o n s e n t a n d a g r e e d to , a s f o llo w s :
R e s o l v e d . That the Committee on Indian Affairs, by subcommittee or
otherwise, he, and it is hereby, authorized to investigate the affairs of
the Crow Reservation, in the State of Montana. Said committee is au­
thorized to send for persons and papers, to administer oaths, and to sit
during the session or Congress or during recess, at Washington or else­
where, and to have the testimony taken printed, the expense of such
investigation to be paid out of the contingent fund of the Senate.

PUBLIC BUILDINGS.

M r. S C O T T .
I a s k u n a n im o u s c o n s e n t t o c a ll u p th e b ill
( I I . R . 2 8 1 6 7 ) to g r a n t a d d itio n a l a u th o r ity to th e S e c re ta ry o f
t h e T r e a s u r y to c a r r y o u t c e r ta in p r o v is io n s o f p u b lic -b u ild in g
a c ts , a n d fo r o th e r p u rp o se s.
T h e r e b e in g n o o b je c tio n , t h e S e n a te , a s in C o m m itte e o f th e
W h o le , p r o c e e d e d to c o n s id e r t h e b ill, w h ic h h a d b e e n r e p o r t e d
f ro m t h e C o m m itte e o n P u b lic B u ild in g s a n d G r o u n d s w ith
a m e n d m e n ts .
M r. S C O T T .
I a s k t h a t t h e f o r m a l r e a d in g o f t h e b ill b e
d is p e n s e d w ith a n d t h a t it bo r e a d f o r a c tio n o n th e c o m m itte e
a m e n d m e n ts .
T h e V IC E -P R E S ID E N T .
T h e S e n a to r fro m W e s t V irg in ia
a s k s t h a t th e f o r m a l r e a d in g o f th e h ill b e d is p e n s e d w ith , t h a t
th e h ill b e r e a d f o r a m e n d m e n t, a n d t h a t th e c o m m itte e a m e n d ­
m e n ts b e firs t c o n s id e re d .
W ith o u t o b je c tio n , i t is so o r d e re d .
T h e S e c r e ta r y w ill p ro c e e d to r e a d th e b ill.
T h e S e c r e ta r y p r o c e e d e d to r e a d t h e b ill.
T h e f i r s t a m e n d m e n t w a s , o n p a g e 2, lin e 6, a f t e r th e w o r d
“ o th e r w is e ,” to s tr ik e o u t th e p ro v is o , in th e f o llo w in g w o r d s :
P r o v i d e d . That the limit of cost heretofore fixed shall not he exceeded
In the acquisition of such site and the erection of a suitable building

thereon.

T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e 3 , t o s t r i k e o u t s e c t i o n 7,
in th e f o llo w in g w o r d s :

Sue. 7. That the Secretary of the Treasury he, and he is hereby, au­
thorized and directed, in his discretion, to apply not to exceed $7,000.
or so much thereof as may be necessary, of the amount heretofore au­
thorized for the erection of a suitable building for the accommodation
of the United States post-office at West Point. Miss., for the acquisi­
tion of a suitable site, in addition to the $5,000 heretofore authorized
for the acquisition of a site.
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e 4, s e c tio n 10, lin e 15, a f t e r
th e w o rd “ a u th o r iz e ,” to s tr ik e o u t:

The Secretary of the Treasury to acquire, by purchase, condemnation,
cr otherwise, a site for a new custom-house building at Boston, Mass..
at not to exceed $500,000, or, in his discretion, to cause plans to be
.prepared for the enlargement, remodeling, or extension of the present
custom-house building in said city; and for this purpose he is hereby
authorized and empowered to select and employ u special architect for
the purpose and to compensate him for his services on the basis of the
schedule of the American Institute of Architects; and so much of the
appropriation heretofore made for the acquisition of a new site as may
be necessary is hereby made available for that purpose.

3451

the same is hereby, amended so as to add to the same the following
provision:
That if any balance remains within said limit after acquiring the site
herein authorized, the Secretary of the Treasury be, and he is hereby,
authorized to expend the same in the preparation of the necessary
plans.
M r. G O R E .
I s t h e b ill b e in g c o n s id e r e d b y u n a n im o u s c o n ­
s e n t?
T h e V IC E -P R E S ID E N T .
I t is b e in g c o n s id e r e d b y u n a n i ­
m o u s c o n s e n t.
M r. G O R E .
I d e s ire to o b je c t to its f u r th e r c o n s id e ra tio n .
M r. L O D G E a n d o th e rs .
Too la te !
T h e V IC E -P R E S ID E N T .
I t is to o l a t e f o r a n o b je c tio n to
s to p t h e c o n s id e r a tio n o f t h e b ill.
M r. G O R E .
I w is h to h a v e a l it t le tim e f o r th e c o n s id e r a ­
tio n o f a n a m e n d m e n t I h a v e h e re to fo re o ffe re d .
I d e s ir e to
e x p la in i t to th e S e n a te .
M r. L O D G E . T h e b ill w ill b e o p e n to a m e n d m e n t a f t e r th e
c o m m itte e a m e n d m e n t s h a v e b e e n d is p o s e d o f.
T h e V IC E -P R E S ID E N T .
T h e b ill is b e fo re t h e S e n a te f o r
c o n s id e ra tio n , a n d th e q u e s tio n is o n a g re e in g to th e l a s t a m e n d ­
m e n t r e p o r te d b y th e c o m m itte e .
T h e a m e n d m e n t w a s a g r e e d to .
The
V IC E -P R E S ID E N T .
A re
th e re
fu rth e r
c o m m itte e

amendments?
M r. S C O T T . T h e r e a r e n o f u r t h e r c o m m itte e a m e n d m e n ts .
T h e V IC E -P R E S ID E N T .
T h e b ill is a s in C o m m itte e o f t h e
W h o le a n d o p e n t o a m e n d m e n t.
M r. L O D G E .
I o ffe r th e f o llo w in g a m e n d m e n t, to w h ic h I
d o n o t th in k t h e c h a ir m a n o f th e c o m m itte e w ill h a v e a n y o b ­
je c tio n .
'T h e V I C E - P R E S I D E N T .
T h e a m e n d m e n t w ill b e s ta te d .
T h e S ecretary . O n p a g e 3 , l i n e 2, a f t e r t h e w o r d “ M a s s a ­
c h u s e tts ,” i t is p ro p o s e d to a d d :
And in his discretion may purchase a site a t Plymouth, Mass., a t a

cost in excess of the limit heretofore fixed for such site: P r o v i d e d ,
That the limit of cost for both site and building shall not exceed
$87,000, heretofore fixed as the total limit of cost.

M r. S C O T T . T h e r e w e r e a n u m b e r o f a m e n d m e n ts b e f o re
th e c o m m itte e p r o v id in g t h a t a p a r t o f t h e a p p r o p r ia tio n t h a t
h a d b e e n a u th o r iz e d f o r b u ild in g s s h o u ld b e tr a n s f e r r e d to th e
p u r c h a s e o f s ite s .
T h e f u ll c o m m itte e tu r n e d a ll th o s e a m e n d ­
m e n ts d o w n .
T h is a m e n d m e n t is w o rd e d a l it t le d if f e r e n tly ,

because it p rovides th a t th e to ta l c o st sh a ll n ot exceed th e
am ount o f th e au th o riza tio n , a s I u n d erstan d it.
Mr. LO D G E. A b solu tely. I t is n o t in tended to in crea se it
qt all. I t is on ly in ten d ed to g iv e a little m ore to th e site and
a little le ss to th e bu ild in g.
T he am en d m en t w a s agreed to.
Mr. GORE. I d e s i r e t o o f f e r t h e a m e n d m e n t w h i c h I s u b ­
m i t t e d a f e w d a y s ago and w h i c h w a s r e f e r r e d t o t h e C o m m i t t e e
an P u b l i c B u ild in g s and G rounds.
T he V IC E -P R E S ID E N T . T he S en ator from O klahom a, pro­
poses an am endm ent, w h ich w ill be rend by th e Secretary.
The S ecretary . I t is proposed to in se r t a t th e e n d o f th e
Liill t h e fo llo w in g :

That- the Secretary of the Treasury be, and he is hereby, authorized
■ i directed to acquire, bv purchase, condemnation, or otherwise, a
m
Re for a federal building in the city of Lawton, Okla.. and he is au­
thorized to expend for such purpose the proceeds arising from the sale
7f lots ',1 and 3° of block 41 of the official plat of the city of Lawton,
Rkla, as p r o v id e d for by section 33 of the so-called “ public building
iCAnd1
?Ee°Secretary *of the Treasury is further authorized.and directed
o use anv additional amount that may be necessary arising from the
iale of the south half of section 30, township 3 north, range 11 west
the Indian meridian, in Oklahoma, which said proceeds were set
A n d in lie n t h e r e o f to i n s e r t :
inart for the construction of a federal building in Lawton by section
And direct the Secretary of the Treasury to cause plans to be pre­ m of an act entitled “An act to authorize the Secretary of the Interior
pared for the enlargement, remodeling, or extension of the present cus­ o issue patents in fee to purchasers of Indian lands, under any law
tom-house building in said city, for which purpose he is hereby au­ mw exlsfing or hereafter enacted, and for other purposes” approved
thorized and empowered to select and employ n special architect and itJy 29 1908: P r o v i d e d , h o w e v e r , That the cost of the site shall not
to compensate him for his services on the basis of the schedule of the •xcecd $30,000.
American Institute of Architects; and the said section 5 is hereby
Mr K E A N . I sh ould lik e to ask th e Senator from W e st
further amended so as to authorize nnd direct the Secretary of the
Treasury to proceed with the enlargement, remodeling, or extension of rirg in ia i f th e bill a u th o rizes th e con stru ction o f an y new
the said custom-house building in accordance with such or other suit­ m ild in g s an yw h ere.
. ..
able plans - nnd the $5ti0,000 heretofore appropriated for the purchase
Mr SCOTT. N on e a t all, an d no ap p rop riation o f m oney.
or a site is hereby made available for said enlargement, remodeling or
M n GORE. Mr. P resid en t, I sh ould lik e to su b m it a w ord in
extension : P r o v i d e d , That the total cost of said enlawment. remodelng, or extension of said custom-house building shall not exceed
explanation o f th e am endm ent.
*>00. including expenses incident to the temporary removal of the force
T h e h a l f s e c tio n r e f e r r e d to in t h e a m e n d m e n t a d jo in s m y
'M
nployed in the custom house during the enlargement, remodeling, or
m in e t o w n o n t h e n o r t h .
I t w a s p u b lic la n d , a n d a m e a s u r e
extension.
v a s p a s s e d a t th e l a s t s e s s io n p r o v id in g f o r i ts p l a t t in g a n d
The amendment was agreed to.
The next amendment was, o n p a g e 7 ,
as an additional section the following:

a f t e r lin e 14, to in s e r t

H . ir,. That the item contained in section 5 of the act of Congress
rt
•mtitled “An act to Increase the limit of cost of certain public build­
ings, to authorize the enlargement, extension remodeling, or improvenient of certain public buildings, to authorize t.heJ r^ t,®
l5
Uon of public buildings, to authorize the purchase of sites for public
hulldlnga, and for other purposes." approvedI May 30. 1908, for
l nlted States post office at Washington, D. C., $o00,000, be, and




T ie a s a p a r t o f th e to w n s ite . T w e n ty p e r c e n t o f th e p ro c e e d s
v e r e s e t a p a r t f o r t h e e r e c tio n o f a f e d e r a l b u ild in g in t h e c ity
>f L a w t o n .
T h e s a l e l i a s b e e n h a d , a n d $ 5 6 ,0 0 0 , t h e 2 0 p e r
sn i

rxf tlin nrivuwlfli is nnw available frn* flip rnnstrimHrm

t h is b u ild in g .
B y s e c tio n 3 0 o f t h e p u b lic - b u ild in g s a c t o f th e l a s t s e s s io n i t
w a s p ro v id e d t h a t th e tw o lo ts r e f e r r e d to in th e a m e n d m e n t
a n d o w n e d b y th e G o v e rn m e n t o f th e U n ite d S ta te s , b u t n o t




3452

CONGRESSIONAL RECORD— SENATE.

a d a p t e d f o r t h e lo c a tio n o f a f e d e r a l b u ild in g , s h o u ld b e s o ld
a n d t h e p r o c e e d s a p p lie d to t h e p u r c h a s e o f a n o t h e r s ite f o r a
f e d e r a l b u ild in g . T h e p u b lic - b u ild in g s a c t p a s s e d a t t h e l a s t
s e s s io n b y a n a m e n d m e n t o ffe re d b y m y s e lf p r o v id e d t h a t t h e
p r o c e e d s a r i s i n g f r o m t h i s s a le o f l o ts s h o u ld b e a p p lie d to t h e
p u r c h a s e o r c o n d e m n a tio n o f a n o t h e r s i t e “ a s h e r e i n p r o v id e d b y
l a w .” B u t so m e h o w i t h a p p e n e d t h a t t h e w o r d in g w a s c h a n g e d
so a s to r e a d “ a s m a y h e r e a f t e r b e p r o v id e d b y l a w s o t h a t
w e n o w h a v e t h e $ 5 6 ,000 in c a s h a v a i l a b l e f o r t h e b u ild in g , w e
h a v e t h e a u t h o r i t y a l r e a d y to s e ll t h e l o ts r e f e r r e d t o in t h i s
a m e n d m e n t, a n d a u t h o r i t y to i n v e s t i t in t h e p u r c h a s e o f a n o t h e r
s i t e “ a s m a y h e r e a f t e r b e p ro v id e d b y l a w ,” w h e r e a s i t s h o u ld
h a v e b e e n “ a s h e r e in p r o v id e d b y la w .”
I t w a s s im p ly a
c le r ic a l e r r o r o f so m e s o r t.
T h e o b je c t o f t h i s a m e n d m e n t i s to s t r a i g h t e n o u t t h a t m is ­
t a k e a n d a u th o r i z e a r e in v e s t m e n t f r o m t h e s a l e w h ic h h a s
a l r e a d y b e e n p r o v id e d b y la w , w h ic h i t w a s in te n d e d to p r o v id e
f o r , so t h a t t h e b u ild in g c a n g o o n w i t h o u t t h e d e la y o f a y e a
o r tw o in i t s c o n s tr u c tio n . I t i s s im p ly to c o r r e c t a n o v e r s ig h t
t h a t o c c u r r e d b e tw e e n t h e w o r d “ h e r e i n ” a n d t h e w o r d “ h e r e ­
a f t e r ” in t h e le g is la tio n o f t h e l a s t se ss io n .
M r. S C O T T . M r. P r e s i d e n t, t h e o b je c t o f t h i s s m a ll b i ll fr o m
t h e H o u s e i s a p p a r e n t o n i t s f a c e ; a n d t h e o b je c t t h e C o m ­
m i t t e e o n P u b lic B u ild in g s a n d G r o u n d s h a d w a s to k e e p i t a s
n e a r l y a s i t c a m e f r o m t h e H o u s e a s p o s s ib le w i t h o u t a p p r o ­
p r i a t i n g a d o l la r o r a d d in g to t h e c o s t o f s ite s . T h e r e w a s a
d is p o s itio n to t a k e f r o m m o n e y t h a t h a d b e e n a p p r o p r i a t e d f o r
p u b lic b u ild in g s a p o r t io n o f t h e m o n e y a n d a d d to t h e p a y f o r
s ite s . Y o u r c o m m itte e f u l l y r e a l iz e d t h a t i f t h a t w a s d o n e , a t
t h e n e s t C o n g re s s t h e r e w o u ld b e a b i ll a u th o r i z i n g a n a d d it i o n a l
s u m f o r t h e e r e c tio n o f t h e b u ild in g s . T h e r e f o r e w e h e ld t h e
b ill d o w n w i t h o u t a llo w in g a d o l l a r o f a p p r o p r i a ti o n to g o in ,
a n d c u t o ff a ll s u c h a m e n d m e n ts .
I h o p e t h e S e n a to r f r o m O k la h o m a w ill n o t p r e s s t h i s a m e n d ­
m e n t, b e c a u s e i f h e d o e s t h e r e a r e d o z e n s o f S e n a to r s h e r e , I
k n o w , w h o w ill w a n t to g e t in s i m i l a r a m e n d m e n t s to t h e b ill,
a n d i t w ill s im p ly r e s u l t in t h e d e f e a t o f t h e e n t i r e b ill, a s I
h a v e b e e n a s s u r e d f r o m t h e H o u s e t h a t i f w e a m e n d i t in a n y
m a t e r i a l w a y d i f f e r e n t f r o m t h e d e s ig n o f t h e H o u s e c o m m itte e
t h e y w ill n o t c o n s id e r it.
M r. G O R E . M r. P r e s i d e n t, I a m a n x io u s t o r e s p e c t t h e w is h
o f t h e S e n a to r f r o m W e s t V i r g i n ia a s w e ll a s t h a t o f t h e c o m ­
m itte e , b u t I d o n o t b e lie v e t h a t a n y S e n a to r h e r e w o u ld o b je c t
t o t h i s c h a n g e , b e c a u s e i t w a s p u r e ly a n o v e r s i g h t in t h e
d r a f t i n g o f t h e m e a s u r e a t t h e l a s t s e s s io n . I t d o e s n o t p r o ­
v id e f o r t h e a p p r o p r i a t i o n o f a s in g le d o lla r . O n t h e c o n tr a r y ,
t h e m o n e y is a l r e a d y o n h a n d , a n d o r d e r s h a v e b e e n is s u e d b y
t h e S e c r e t a r y o f t h e T r e a s u r y f o r t h e s a l e o f t h e l o ts r e f e r r e d
t o i n t h e a m e n d m e n t.
M r. M c C U M B E R . M r. P r e s i d e n t ------T h e V I C E - P R E S I D E N T . D o e s t h e S e n a t o r f r o m O k la h o m a
y ie ld to t h e S e n a t o r f r o m N o r t h D a k o t a ?
M r. G O R E . C e r ta in ly .
M r. M c C U M B E R . J u s t f o r a q u e s tio n , I w is h t o a s k t h e
S e n a to r f r o m O k la h o m a if , u n d e r t h e p r o v i s i o n s o f h i s a m e n d ­
m e n t, a c e r t a i n p o r t io n o f t h e s u m w h ic h h a s h e r e t o f o r e b e e n
a p p r o p r i a t e d f o r t h e b u i ld i n g i s n o t a llo w e d t o b e u s e d f o r a
s ite , a n d i f t h e r e f o r e w e w o u ld n o t h e r e a f t e r h a v e to a p p r o ­
p r i a t e e n o u g h m o r e f o r t h e b u i ld i n g t o m a k e u p t h e d i f ­
fe re n c e ?
M r. G O R E . I d o n o t t h i n k t h a t i s t r u e . T h e l i m i t o f th e
b u i ld i n g w a s fix e d a t $ 1 0 0 ,0 0 0 l a s t y e a r . T h e c a s h n o w r e ­
c e iv e d f r o m t h e s a l e o f t h e h a l f s e c tio n i s $56,000. T h e a m e n d ­
m e n t d o e s p r o v id e f o r t h e a p p li c a t io n o f a p o r t io n o f t h e s u m
to t h e p u r c h a s e o f a s ite , i f n e c e s s a r y , b u t I w ill a s k l e a v e to
s t r i k e o u t t h a t p o r t io n o f t h e a m e n d m e n t r a t h e r t h a n h a v e i t
d e f e a te d . I t o c c u r r e d to m e t h a t p r o b a b ly t h e p r o c e e d s f r o m
t h e s a l e o f t h e lo ts a l r e a d y p r o v id e d f o r w o u ld n o t b e s u ffic ie n t,
b u t I w o u ld r a t h e r t a k e t h a t r i s k t h a n h a v e i t f a i l , b e c a u s e i t
w o u ld g o o v e r f o r a y e a r , w h ile t h e m o n e y i s o n h a n d a n d
o r d e r s h a v e a l r e a d y b e e n is s u e d b y t h e S e c r e t a r y o f t h e T r e a s ­
u r y f o r t h e s a l e o f th e s e lo ts .
M r. M c C U M B E R . W ill n o t t h e S e n a t o r a g r e e to s o m o d if y
h is a m e n d m e n t t h a t th e e n tir e a m o u n t a p p ro p ria te d la s t y e a r
f o r t h e b u ild i n g a n d s i t e s h a l l n o t b e in e x c e s s o f t h e a m o u n t
fix e d b y r e a s o n o f t h i s a m e n d m e n t , so t h a t i t s h a l l b e w i t h in
th e a m o u n t a p p ro p ria te d la s t y e a r?
M r. S C O T T . N o t to e x c e e d t h a t s u m .
M r. M c C U M B E R . N o t to e x c e e d $100,000.
M r. G O R E . O f c o u r s e , t h e p r o c e e d s o f t h e lo ts a r e a d d i ­
t io n a l .
T h e V I C E - P R E S I D E N T . T h e q u e s t io n i s o n a g r e e in g to t h e
a m e n d m e n t s u b m i tt e d b y t h e S e n a to r f r o m O k la h o m a .
T h e a m e n d m e n t w a s r e je c te d .

Mabch

1,

M r. O W E N . I m o v e t o s t r i k e o u t t h e p ro v is o o n p a g e 2,
s e c tio n 2, b e g in n in g w i t h t h e w o r d “ p r o v id e d ,” in lin e 6, a n d
to i n s e r t :

And the sum of $75,000 Is hereby appropriated for such purpose.
M r. S C O T T . I h o p e t h a t a m e n d m e n t w ill n o t b e a g r e e d to .
M r. A L D R I C H . W e w ill v o te i t d o w n .
r M r. O W E N . M r. P r e s i d e n t, I w is h to c a l l t h e a t t e n t i o n o f th e
S e n a te to t h e f a c t t h a t t h e b ill l a s t y e a r m a d e n o p r o v is io n f o r
t h e p u r c h a s e o f a s i t e a t M u s k o g e e , w h ic h is t h e m o s t im p o r ­
t a n t c it y in e a s te r n O k la h o m a . I t w ill c o s t a t l e a s t $75,000 to
g e t a d e c e n t s i t e f o r t h e b u ild in g , a n d th e a m o u n t o r ig in a lly
p r o p o s e d f o r t h e c o n s t r u c t i o n o f t h e b u ild in g o u g h t n o t to b e
d i m in is h e d o v e r w h a t w a s fix e d a s t h e s t a n d a r d l a s t y e a r .
O f c o u r s e I a p p r e c i a t e t h e f a c t t h a t i t is n o t d e s i r a b l e to in - •
.
c r e a s e t h e a p p r o p r i a ti o n , b u t t h e S e n a te h a s a l r e a d y a p p r o - , ’
p r i a t e d t h e m o n e y f o r t h e b u ild in g .
M r. B E V E R I D G E . H o w m u c h w a s a p p r o p r i a te d ?
M r. O W E N . T w o h u n d r e d t h o u s a n d d o lla r s .
M r. B E V E R I D G E . A n d t h e r e i s n o s ite ?
O W E N . A n d t h e r e i s n o s ite . N o w i t is p r o p o s e d to
t a k e a w a y f r o m t h a t $200,000, $75,000 f o r t h e p u r c h a s e o f a s ite .
— M r. B E V E R I D G E . I a m in h e a r t y s y m p a th y w i t h t h e
S e n a to r .
M r. O W E N . I t is m y o w n to w n , a n d I t h i n k i t is o n ly r e a ­
s o n a b le , s in c e C o n g r e s s h a s m a d e a p r o p e r a p p r o p r i a t i o n f o r th e
b u ild in g , t h a t t h e a p p r o p r i a ti o n s h o u ld n o t b e d i m in is h e d f o r
t h e p u r p o s e o f c o v e r in g t h e s ite , b u t, a s a m a t t e r o f g o o d lo g ic
a n d g o o d g o v e r n m e n t, a p e r m a n e n t s i t e o u g h t to b e p r o v id e d a n d a
s u ffic ie n t s u m o f m o n e y s h o u ld b e a p p r o p r i a t e d to c a r r y o u t t h e
i n te n t io n o f C o n g r e s s h e r e t o f o r e s h o w n in t h e p u b lic - b u ild in g s
a c t o f la s t y e ar.
M r. B E V E R I D G E . M r. P r e s i d e n t ------T h e V I C E - P R E S I D E N T . D o e s t h e S e n a to r f r o m W e s t V i r ­
g i n ia y ie ld to t h e S e n a to r f r o m I n d i a n a ?
M r. B E V E R I D G E . I w ill n o t a s k t h e S e n a to r t o y ie ld .
M r. S C O T T . I am in charge o f the bill, but if the Senator
w a n t s to take the flo o r------M r. B E V E R I D G E . I u n d e r s t a n d .
I m e r e ly w a n t e d t o s u p ­
p o r t t h i s a m e n d m e n t ; t h a t is a ll. I f t h e S e n a to r w is h e s f i r s t to
r e p ly to t h e S e n a to r f r o m O k la h o m a , I w ill d e f e r . I w a s g o in g to
s a y o n ly tw o o r t h r e e s e n te n c e s , b u t I w ill w a i t u n t i l t h e S e n ­
a t o r g e ts th r o u g h .
M r. S C O T T . I a m s u r e t h e S e n a to r f r o m O k la h o m a d o e s n o t
w a u t to p u t t h i s a m e n d m e n t o n t h e b ill, w i t h t h e a s s u r a n c e t h a t
i t w ill a b s o lu te ly d e f e a t t h e b ill a n d w e w ill h a v e n o b ill a t a ll.
I c a n s a y t h a t t o h im , I t h in k , a s p o s itiv e ly a s a m a n c a n s t a t e
a n y t h i n g w i t h o u t i t s b e in g a b s o lu te . M e m b e r s o f t h e House
h a v e t o ld m e , t h e c h a i r m a n o f t h e c o m m itte e o f t h e H o u s e h a s
to ld m e, t h a t i f w e c a r r y a n y a p p r o p r i a t i o n in t h e b ill a t a ll
t h e y w o u ld n o t c o n s id e r i t. T h e S e n a to r f r o m O k la h o m a h a s
h i s r e m e d y a t t h e n e x t s e s s io n in g e tt i n g a b ill through covering
a n a d d it i o n a l a p p r o p r i a t i o n f o r t h e s ite , b u t I a s k h im n o t to
B T rtJ t o n t h i s b ill a n d d e f e a t it.
/ M r. O W E N . I n v ie w o f t h e s t a t e m e n t o f t h e c h a i r m a n o t
't h e c o m m itte e I w ill w i t h d r a w t h e a m e n d m e n t, a n d r e ly u p o n
t h e c o m m itte e t o m a k e p r o p e r p r o v is io n f o r t b e s i t e a t th e n e x t
^ s e s s io n o f C o n g re s s .
M r. S C O T T . I a m m u c h o b lig e d t o t h e S e n a to r .
T h e V I C E - P R E S I D E N T . T h e S e n a t o r f r o m O k la h o m a w i t h ­
d r a w s h i s a m e n d m e n t.
M r. W E T M O IiE . O n p a g e 3, a f t e r lin e 2, I m o v e to i n s e r t
a f t e r t h e a m e n d m e n t a l r e a d y a g r e e d to a t t h a t p la c e a n e w
s e c tio n in t h e f o llo w in g w o r d s :

Sec. —. That the Secretary of the Treasury may, in his discretion,
disregard the provision requiring sites to be bounded upon at least two
sides by streets in so far as the same shall apply to the village or
I’enn Yan, N. Y
.
M r. S C O T T . T h e c o m m itte e w ill a c c e p t t h a t amendment.
T h e a m e n d m e n t w a s a g r e e d to .
M r. H E Y B U R N . A f t e r s e c tio n 3 , o n p a g e 2, I m o r e to i n s e r t :

Sec. 4. That out of the money heretofore appropriated for public
buildings at Boise. Idaho, so much thereof as m be necessary \
ay
purchase additional grounds may be used for that purpose: i rot
That such action shall not increase the appropriation for buildings am
*
grounds.
M r. S C O T T . T h e c o m m itte e w ill a c c e p t t h a t a m e n d m e n t.
T h e a m e n d m e n t w a s a g r e e d to .
M r. G O R E . I d e s i r e t o s u b m i t t h e a m e n d m e n t I offeree
a w h i l e a g o in a s h a p e to c o n f o r m t o t h e s u g g e s tio n o f t h e
S e n a t o r f r o m N o r t h D a k o t a , o m it t in g a ll t h a t o c c u r s a f t e r th e
w o r d s “ t h e o ffic ia l p l a t o f t h e c it y o f I .a w to n .’
T hen th a t
m e r e ly s t r a i g h t e n s o u t t h e d if f ic u lty t h a t r e s u l te d f r o m t h e m is ­
t a k e in t h e p r e v io u s le g is la tio n .
M r. S C O T T . T h a t i s to i n s e r t n o a d d i t i o n a l c o s t.

1909.

CONGRESSIONAL RECORD— SENATE

T h e Secretary. A f t e r t l i e w o r d “ C o n g r e s s , ” p a g e 1 , l i n e 1 1 ,
i t is p ro p o s e d to in s e r t “ p a s s e d b y t h e H o u s e o n M a y 12, 1908,
c a l e n d a r d a y o f M a y 2 7 , 1 9 0 S ,”
T h e a m e n d m e n t w a s a g r e e d to .
M r. W E T M O R E . M r. P r e s id e n t, in c o n n e c tio n w ith t h e j o i n t
re s o lu tio n I s h o u ld lik e to h a v e th e S e c r e ta r y r e a d th e le t t e r
w h ic h I s e n d to th e d e sk .
T h e V IC E -P R E S ID E N T . D o e s th e S e n a to r d e s ire th e le tte r
r e a d o r i n s e r t e d in t h e R ecord?
M r. W E T M O R E .
I s h o u ld p r e f e r to h a v e i t re a d , a s i t is
q u ite s h o rt.
T h e V IC E -P R E S ID E N T .
T h e S e n a to r fro m R h o d e I s la n d
a s k s t h a t t h e l e t t e r w h i c h l ie s e n d s t o t h e d e s k m a y b e r e a d .
W ith o u t o b je c tio n , t h e S e c r e ta r y w ill r e a d a s re q u e s te d .
T h e S e c re ta ry r e a d a s fo llo w s :

3455

M r. B U R K E T T .
I i n tr o d u c e a b ill, a n d a s k t h a t it, w i t h
t h e a c c o m p a n y in g p a p e r s , b e r e f e r r e d to th e C o m m itte e o n E d u ­
c a tio n a n d L a b o r.
T h e b ill (S . 9 5 1 5 ) to p ro m o te t h e s a f e ty o f e m p lo y e e s a n d
t r a v e l e r s u p o n r a il r o a d s b y c o m p e llin g c o m m o n c a r r i e r s b y
r a i l r o a d t o e q u ip t h e i r lo c o m o tiv e s w i t h s a f e a n d s u i t a b l e
b o ile r s a n d a p p u r te n a n c e s th e r e to , w a s r e a d tw ic e b y i t s title .
M r. K E A N .
T h a t b ill s h o u ld g o to t h e C o m m itte e o n I n t e r ­
s t a te C o m m e rc e.
M r. B U R K E T T .
I t is a b ill w ith r e fe r e n c e to b o ile r in s p e c ­
tio n , a n d s h o u ld g o t o t h e C o m m itte e o n E d u c a tio n a n d L a b o r .
I t r e la te s to a c o m m u n ic a tio n r e c e iv e d f r o m t h e I n t e r s t a t e C o m ­
m e r c e C o m m is s io n in r e s p o n s e to a r e s o lu tio n o f i n q u ir y t h a t
I h a d p a s s e d th e o th e r d a y , a s th e S e n a to r w ill re c a ll, a s k in g
a s to t h e n u m b e r o f e n g in e m e n k ille d b y b o ile r e x p lo s io n s .
It
is a b ill to p r o v id e f o r b o ile r in s p e c tio n , a n d s h o u ld g o to t h e
H ouse op R epresentatives U nited S tates ,
C o m m itte e o n E d u c a tio n a n d L a b o r.
Committee on t h e L ibrary ,
W a s h i n g t o n , D. C ., M a r c h 1, 1909.
M r. K E A N . T h e n t h e t i t l e o f t h e b ill is m is le a d in g .
M r. B U R K E T T .
T h e title m a y b e m is le a d in g ; b u t t h a t is
Hon. George P eabody W etmore,
C h a ir m a n C o m m i t t e e o n t h e L i b r a r y , U n i t e d S t a t e s S e n a t e .
t h e o b je c t o f t h e b ill.
My Dear Senator Wetmore : Permit me to call to your attention
f t
el t s o
e
t
h
l
go
House joint resolution 205, of which I inclose you a copy, which was e i tM er .r tK E tA N . C oIm m h tet e eb iol ln rC oam em e rtc e c or mt m etrhc e , Ci o ms m oi tut ede o n
h
o he
i
o
o
passed by the House on Saturday.
,
. ..
It might be thought that the matter was under the jurisdiction of the I n t e r s t a t e C o m m e r c e .
House alone, but it seemed to me the structural changes were so im­
T
C
ID
S n t
N ebr
ks
portant and the amount required so considerable that it should be by t h a th et h V I b i El - P R Er S f e r EeN T t. o Thhee C oem am o trt e f r oom E d u c a s ikoan aasn d
e
l be e
r d
t
i
e
n
at
joint resolution, to be passed as a regular legislative enactment, x
suppose, however, the comity of the situation would still make the wish L a b o r . W i t h o u t o b j e c t i o n i t i s s o o r d e r e d .
of the House, upon the matter, if not decisive, at least of very great
M r. T A Y L O R in tr o d u c e d a b ill (S . 9 5 1 6 ) f o r t h e r e lie f o f th e
Influence.
.,
It is unnecessary for me to bring to your attention the enormous size e s t a t e s o f T h o m a s A . E l l i o t t a n d A d a l i n e E l l i o t t , d e c e a s e d , w h i c h
of the Hall of the House, which is by far the largest legislative cham­ w a s r e a d t w i c e b y i t s t i t l e a n d r e f e r r e d t o t h e C o m m i t t e e o n
ber in the world, making it very difficult for a Member even with a C l a i m s .
good voice to be heard. The reduction of the size of the Hall has been
M r. P E N R O S E in tr o d u c e d a b ill (S . 9 5 1 7 ) p r o v id in g f o r th e
advocated for a good many years, and, conspicuously, by Speaker Reed.
It was passed on Saturday by so decisive a vote that a division was not c o n s t r u c t i o n o f a b r i d g e a t W a l m s l e y s C r o s s i n g , T a o s C o u n t y ,
called for The contemplated change, while much reducing the size N . M e x ., w h i c h w a s r e a d t w i c e b y i t s t i t l e a n d r e f e r r e d t o t h e
of the Hall, will still leave it with a floor area In excess of 5,000 square
feet as compared with the floor area of the Senate Chamber of about C o m m i t t e e o n C o m m e r c e .
4.000 square feet. It allows for a considerable increase in the member­
l i e a ls o in tr o d u c e d a b ill ( S . 9 5 1 8 ) p r o v id in g f o r t h e c o n s tr u c ­
ship of the House. That is a matter for future Congresses, and reason­ t i o n o f b r i d g e s a c r o s s R e d R i v e r , T a o s C o u n t y , N . M e x ., a n d f o r
able provision should be made for the contingency that the number of
Members may be Increased. The Hall of the House would still be large o t h e r p u r p o s e s , w h i c h w a s r e a d t w i c e b y i t s t i t l e a n d r e f e r r e d
enough to seat the two Houses in joint meeting.
to t h e C o m m itte e o n C o m m e rc e .
I notice that In the resolution a mistake was made, referring to a
M r. F R A Z I E R in tr o d u c e d a b ill (S . 9 5 1 9 ) f o r t h e r e lie f o f
resolution passed at the last session. I should appreciate it very much
If you would bring the matter before the Senate to-day and ask for the t h e h e i r s o f T u r n e r S m i t h , d e c e a s e d , w h i c h w a s r e a d t w i c e b y
passage of the resolution with the amendment, which I add below.
i t s t i t l e a n d r e f e r r e d to t h e C o m m itte e o n C la im s .
Sincerely, yours,
g w . McCall.
M r. G A M B L E in tr o d u c e d a b ill (S . 9 5 2 0 ) g r a n tin g to t h e S ta te
Of S o u th D a k o ta a c e r ta in a m o u n t o f la n d in lie u o f a lik e
T h e jo in t r e s o lu tio n w a s r e p o rte d to th e S e n a te a s a m e n d e d ,
a m o u n t o f la n d h e r e to f o r e g r a n te d to th e S t a te a n d s u b s e q u e n tly
a n d t h e a m e d n m e n t s w e r e c o n c u r r e d in .
a p p ro p ria te d b y th e U n ite d S ta te s f o r fo re s t-re s e rv a tio n p u r ­
T h e a m e n d m e n ts w e re o rd e re d to b e e n g ro s s e d a n d th e jo in t
p o se s. a n d f o r o th e r p u rp o se s, w h ic h w a s r e a d tw ic e b y its t it l e
a n d r e f e r r e d to th e C o m m itte e o n P u b lic L a n d s .
r e s o lu tio n to b e r e a d a t h i r d tim e .
M r T I L L M A N i n t r o d u c e d a b i ll ( S . 9 5 2 1 ) f o r t h e r e l i e f o f
T h e j o in t r e s o lu tio n w a s re a d th e t h ir d tim e a n d p a s s e d .
th e la w fu l h e ir s o f G e o rg e H e n ry G u e ra rd , w h ic h w a s r e a d tw ic e
BILLS INTRODUCED.
i t s t i t l e a n d r e f e r r e d to th e C o m m itte e o n C la im s.
M r O W E N in tr o d u c e d a b ill (S . 9 5 2 2 ) f o r t h e r e lie f o f t h e
\
M r. M c C R E A R Y in tr o d u c e d t h e f o llo w in g b ills , w h ic h w e r e j
W e s te r n M ia m i I n d ia n s , w h ic h w a s r e a d tw ic e b y i t s t i t l e a n d
i
s e v e ra lly re a d tw ic e b y th e ir t it l e s a n d r e f e r r e d to th e C o m
r e f e r r e d to th e C o m m itte e o n I n d i a n A f fa irs .
—
* h i tt e e o n C l a i m s ;
.
A b ill (S - 9 5 0 2 ) f o r t h e r e li e f o f t h e e s t a t e o f M o s e s S in g le -’ — M r M c C U M B E R i n tr o d u c e d a b ill (S . 9 5 2 3 ) f o r t h e r e li e f o f
c e r ta in g o v e r n m e n t c o n tr a c to r s , w h ic h w a s r e a d tw ic e b y i t s
'° n , d e c e a s e d ;
t i t l e a n d r e f e r r e d t o t h e C o m m itte e o n C la im s .
A b ill (S . 9 5 0 3 ) f o r th e r e lie f o f th e e s t a t e o f W . H . H .
H e a ls o in tr o d u c e d a b ill (S . 9 5 2 4 ) f o r t h e r e li e f o f c e r t a i n
T h o m p s o n a n d C a ro lin e T h o m p s o n , d e c e a s e d ;
A m e r ic a n c itiz e n s , w h ic h w a s r e a d tw ic e b y i ts t i t l e a n d r e l e n e d
A b ill (S . 9 5 0 4 ) f o r t h e r e lie f o f t h e e s t a t e o f J . H o w a r d
to th e C o m m itte e o n C la im s .
^
.
,
S h e ffer, d e c e a s e d ;
M r. C U R T I S in tr o d u c e d a b ill (S . 9 o 2 o ) f o r t h e r e lie f o f
A b ill ( S . 9 5 0 5 ) f o r t h e r e li e f o f S u s a n M . S to n e , a d m in is ­
D a n ie l W . B o u tw e ll, w h ic h w a s r e a d tw ic e b y i t s t i t l e a n d . w i t h
t r a t o r o f t h e e s t a t e o f M a ry H . S. R o b e r ts o n , d e c e a s e d ; a n d
th e a c c o m p a n y in g p a p e r s , r e f e r r e d to t h e C o m m itte e o n C la im s .
A b ill ( S . 9 5 0 6 ) f o r t h e r e l i e f o f t h e e s t a t e o f C a le b M a r a t t a ,
M r. D I C K i n t r o d u c e d a b i l l ( S . 9 5 2 6 ) t o g r a n t t w o c a n n o n t o
d o eeaaed ( w ith th e a c c o m p a n y in g p a p e r ) .
t h e O h i o N o r t h e r n U n i v e r s i t y a t A d a , O h io , w h i c h w a s r e a d
M r. P A Y N T E R ( b y r e q u e s t ) in tr o d u c e d t h e f o llo w in g b ills ,
t w i c e b y i t s t i t l e a n d r e f e r r e d t o t h e C o m m i t t e e o n - M i l it a r y
^ h ie h w e re s e v e ra lly r e a d tw ic e b y tlie ir title s a n d re fe r r e d
to th e C o m m itte e o n C la im s :
A *M r! B A N K H E A D i n t r o d u c e d a b i l l ( S . 9 5 2 7 ) f o r t h e r e l i e f o f
A b ill ( S . 9 5 0 7 ) f o r th e r e li e f o f t h e e s t a t e o f J o h n M . H ig ­
th e h e ir s o f C a lv in L a c e y , w h ic h w a s r e a d tw ic e b y i t s t i t l e a n d
g in s , d e c e a se d ( w i t h t h e a c c o m p a n y in g p a p e r ) ;
r e f e r r e d to th e C o m m itte e o n C la im s .
A b i ll ( S . 9 5 0 8 ) f o r t h e r e l i e f o f G e o r g e H , G a l l o w a y , a d m i n ­
M r D A N IE L in tr o d u c e d a b ill (S . 9 5 2 S ) f o r th e r e lie f o f
is tr a to r o f th e e s ta te o f L o g a n M . D is h m a n , d e c e a s e d ( w ith th e
th e h e ir s o r th e e s t a t e s o f J a m e s L . M ille r, d e c e a s e d , a n d o th e r s ,
a<N o m p a n y i n g p a p e r ) ;
w h ic h w a s r e a d tw ic e b y i t s t i t l e a n d r e f e r r e d t o t h e C o m m itte e
A b ill ( S . 9 5 0 9 ) f o r t h e r e l i e f o f A m b r o s e D . V a lla n d in g h a m
,*th t h e a c c o m p a n y i n g p a p e r ) ;
„ __ „
° mV ^ L A R K o f W y o m in g in tr o d u c e d a b ill (S . 9 5 2 9 ) f o r th e
, A b i ll (s. 9 5 1 0 ) f o r t h e r e l i e f o f t h e e s t a t e o f IV . C . R u s s e l l ,
r e l i e f o f F r a n c i s B e a c h a n d c e r t a i n o t h e r a r m y o f l ic e r s a n d
deceased;
th e ir h e ir s o r le g a l r e p r e s e n ta tiv e s , w h ic h w a s r e a d tw ic e b y
. A b ill (S . 9 5 1 1 ) f o r th e r e li e f o f t h e e s t a t e o f T h o m a s W a li ts t i t l e a n d r e f e r r e d to t h e C o m m itte e o n C la im s .
c e, d e c e a s e d ; a n d
AMENDMENTS TO APPROPRIATION BILLS.
A b ill ( S . 9 5 1 2 ) f o r th e r e lie f o f t h e e s t a t e o f J o h n A . E rd M r. L O D G E s u b m i tt e d a n a m e n d m e n t a u t h o r i z i n g t h e S e c re deceased.
t a r v o f t h e T r e a s u r y t o s e t t l e c e r t a i n c l a i m s , i n t e n d e d t o lie
M r. S T O N E in tr o d u c e d a b ill ( S . 9 5 1 3 ) f o r t h e r e l i e f o f t h e
p r o j io s e d b y h i m t o "th e s u n d r y c i v i l a p p r o p r i a t i o n b i l l , w h i c h ,
; a t e o f G e o r g e 1*. D o r r i s s , d e c e a s e d , w h i c h w a s r e a d t w i c e b y
w ith th e a c c o m p a n y in g m e m o ra n d a , w a s r e fe r r e d to th e C o m ­
s title a n d r e f e r r e d to th e C o m m itte e o n C la im s.
m itte e o n A p p ro p ria tio n s .
B A IL E Y ( b y r e q u e s t) in tr o d u c e d a b ill (S . 9 5 1 4 ) f o r th e
l i e a ls o s u b m itte d a n a m e n d m e n t p r o p o s in g to a p p r o p r i a te
e ile f o f O liv e r P . R o y d , w h ic h w a s r e a d tw ic e b y i t s t i t l e a n d
$ S 0 ,0 S 3 .5 0 t o b e p a i d b y t h e S e c r e t a r y o f W a r t o p r o p e r l y a c e r re d to t h e C o m m itte e o n C la im s .







3456

CONGRESSIONAL RECORD— SENATE.

credited representatives of certain religious orders in the Phil­
ippine Islands, etc., intended to be proposed by him to the sun­
dry civil appropriation bill, which was referred to the Commit­
tee on Appropriations.
Mr. RAY NEK submitted an amendment proposing to pay to
the State of Maryland $72,000, being the principal sum ad­
vanced by that State to the United States under the provisions
of a joint resolution passed by the general assembly, etc., in­
tended to be proposed by him to the general deficiency appropri­
ation bill, which was referred to the Committee on Appropria­
tions.
Mr. HEYBURN submitted an amendment proposing to ap­
propriate $1,000 to pay William Grant Lieuallen and William E.
Burns $500 each for extra services rendered in transferring,
rearranging, remarking, cleaning, and refiling the bills, reports,
documents, and laws in the Senate document room, etc., in­
tended to be proposed by him to the general deficiency ap­
propriation bill, which was referred to the Committee to Audit
and Control the Contingent Expenses of the Senate.
Mr. BURKETT submitted an amendment proposing to ap­
propriate $210,000 for the purchase of certain parcels of ground
in the District of Columbia to provide for a site for an addition
to the Government Printing Office, etc., intended to be proposed
by him to the sundry civil appropriation bill, which was re­
ferred to the Committee on Appropriations.
Mr. TILLMAN submitted an amendment authorizing the
Auditor for the Navy Department, in the settlement of the ac­
counts of George M. Stackhouse, paymaster, United States
Navy, to credit him with the sum of $1,606, etc., intended to be
proposed by him to the general deficiency appropriation bill,
which was referred to the Committee on Appropriations and
ordered to be printed.
Mr. DEPEW submitted an amendment relative to the settle­
ment of the judgment against Edmund B. Jordan, collector
of internal revenue of the United States for the first district
of New York, etc., intended to be proposed by him to the gen­
eral deficiency appropriation bill, which was referred to the
Committee on Appropriations and ordered to be printed.
He also submitted an amendment proposing to appropriate
$4,800.50 to pay the National Automatic Fire Alarm Company,
o f Washington, D. C., for the maintenance of the automatic
fire-alarm system now in certain buildings o f -the Government
Hospital for the Insane, intended to be proposed by him to
the sundry civil appropriation bill, which, with the accom­
panying papers, was referred to the Committee on Appro­
priations.
Mr. DANIEL submitted an amendment proposing to appro­
priate $1,200 for payment to the treasurer of the Mount Vernon
Avenue" Association of Virginia, assignee of the State o f Vir­
ginia under the act of the general assembly of Virginia, ap­
proved March 5, 1S88, etc., intended to be proposed by him to
the sundry civil appropriation bill, which was referred to the
Committee on Appropriations and ordered to be printed.
Mr. WETMORE submitted an amendment proposing to ap­
propriate $700 to reimburse Edmund M. Talcott, assistant sur­
veyor of the District of Columbia, for damages incurred by an
incorrect survey made during the year 1905, etc., intended to
be proposed by him to the general deficiency appropriation bill,
which was referred to the Committee on Appropriations and
ordered to be printed.
Mr. TAYLOR submitted au amendment authorizing the Presi­
dent o f the Senate to issue certificates of salaries to the Sena­
tors from Oklahoma, etc., intended to be proposed by him to
the general deficiency appropriation bill, which was referred to
to the Committee on Appropriations.
MESSAGE FROM THE HOUSE.

A message from the House o f Representatives, by Mr. W. J.
Browning, its Chief Clerk, announced that the House had agreed
to the amendments of the Senate to the bill (H. It. 23717) to
extend the time for construction and beginning construction of
the Alaska Short Line Railroad in Alaska.
ENROLLED BILLS SIGNED.

The message also announced that the Speaker of the House
had signed the following enrolled bills, and they were there­
upon signed by the Vice-President:
II. R. 16743. An act for the removal of the restrictions on
alienations of lands of allottees of the Quapaw Agency, Okla.,
and the sale of all tribal lands, school, agency, or other build­
ings on any of the reservations within the jurisdiction o f such
agency, and for other purposes; and
H. It. 27523. An act making appropriations for the diplomatic
and consular service for the fiscal year ending Juue 30, 1910.

MASCII 1,

WITHDRAWAL OF PAPERS— WILSON ZUBMEHLY.

Foraker, i t w a s —
That there may he withdrawn from the flies of the Senate
all papers relating to the hill (S, 4931, G th Cong., 1st sess.) granting
O
a pension to W
ilson Zurmehly, there having been no adverse report on
said hill.
O n m o tio n o f M r.

O rd ered ,

ENROLLMENT OF OSAGE INDIANS.

Curtis, i t w a s —
That the hearings had before the Committee on Indian Af­
fairs on matters relating to the enrollment of certain persons as mem­
bers of the Osage tribe of Indians, etc., be printed as a document.
O n m o tio n o f M r.

O rd e r e d ,

CALUMET RIVER BRIDGE.

M r. H E M E N W A Y . I a s k u n a n im o u s c o n s e n t f o r t h e p r e s e n t
c o n s i d e r a ti o n o f t h e b i ll ( S . 9 4 0 5 ) t o a u t h o r i z e t h e C h ic a g o ,
L a k e S h o r e a n d E a s t e r n R a il w a y C o m p a n y to c o n s t r u c t a b r id g e
a c r o s s t h e C a lu m e t R i v e r in t h e S t a t e o f I n d i a n a .
T h e r e b e in g n o o b je c tio n , t h e S e n a te , a s in C o m m itte e o f t h e
W h o le , p r o c e e d e d to c o n s id e r t h e b ill, w h ic h h a d b e e n r e p o r t e d
f r o m t h e C o m m itte e o n C o m m e r c e w i t h a n a m e n d m e n t, in s e c ­
t io n 1, p a g e 2, lin e 2, a f t e r t h e w o r d “ M a r c h ,” to s t r i k e o u t
“ t h i r d ” a n d i n s e r t “ t w e n t y - t h i r d , ” so a s t o m a k e t h e s e c tio n
re ad :

That the Chicago, Lake Shore and Eastern Railway Company, a cor­
poration organized under the laws of the States of Indiana and Illinois,
its successors and assigns, be, and they are hereby, authorized to con­
struct, maintain, and operate a railroad bridge and approaches thereto
across the Calumet River in the northwest quarter of section 4, town­
ship 36 north, raDge 8 west of the second principal meridian, in Lake
County, in the State of Indiana, in accordance with the provisions of
the act entitled "An act to regulate the construction of bridges over
navigable waters,” approved M
arch 23, 1906,
T h e a m e n d m e n t w a s a g r e e d to .
T h e b ill w a s r e p o r t e d to t h e S e n a te a s a m e n d e d , a n d t h e
a m e n d m e n t w a s c o n c u r r e d in .
T h e b ill w a s o r d e r e d to b e e n g r o s s e d f o r a t h i r d r e a d i n g , r e a d
t h e t h i r d tim e , a n d p a s s e d .
DISTRICT BUILDING ASSOCIATIONS.

T h e V I C E - P R E S I D E N T l a i d b e f o r e t h e S e n a te t h e a m e n d ­
m e n t s o f t h e H o u s e o f R e p r e s e n t a t i v e s t o t h e b ill ( S . 6 0 5 5 ) to
a m e n d s e c tio n 691 o f s u b c h a p t e r 7, b u i ld i n g a s s o c i a t i o n s , o f t h e
C o d e o f L a w f o r t h e D i s t r i c t o f C o lu m b ia , w h ic h w e r e , o n p a g e
2, lin e 11, a f t e r “ s h a l l , ” to i n s e r t : “ n o t e x c e e d t h e s u m o f
$25 f o r t h e f i r s t $ 5 0 0 ,0 0 0 o r f r a c t i o n a l p a r t t h e r e o f o f a s s e t s a n d
t h e s u m o f $ 1 0 f o r e a c h a d d i t i o n a l $ 1 0 0 ,0 0 0 o r f r a c t i o n a l p a r t
t h e r e o f o f a s s e t s , a n d ; ” o n p a g e 3, l in e 5, t o s t r i k e o u t a l l a f t e r
" a c t ” d o w n t o a n d i n c l u d i n g “ a c t , ” in lin e 7 ; o n p a g e 4, a f t e r
lin e 2, t o i n s e r t :

Sec. 2. That there be added to the Code of Law for the District of
Columbia a new section, to stand as section 691a, and to read as fol­
lows :
Sec. 691a. That any building association Incorporated or unincor­
porated, organized and existing under the laws of the District of Colum­
bia, or any State or Territory, to do or now doing, in the District of
Columbia, a building-association business or otherwise operating as a
buLding association, shall be subject to all the provisions of the fore­
going section of this act in respect of the powers of the Comptroller or
the Currency hereunder, and any such association or corporation shah
at all times keep on deposit with the Comptroller of the Currency m
money or stocks, bonds or mortgages or other securities to be approved
by said officer not less than 20 per cent per annum of its capita*
and surplus as security for its depositors and creditors, and as a guar­
antee for the faithful performance of its contracts, and may also m
ake
such further deposit of its assets as above described witli the comp­
troller for such purpose as it may from time to time desire so to do.
M r. G A L L I N G E R . I m o v e t h a t t h e S e n a te c o n c u r in th e
a m e n d m e n ts m a d e by th e H o u s e o f R e p re s e n ta tiv e s .

Mr. KEAN.

W hat

is that, Mr. President?

M r. G A L L I N G E R . I t is a b ill d e a l i n g w i t h lo a n a s s o c ia ­
t i o n s i n t h e D i s t r i c t o f C o lu m b ia .
T h e V IC E -P R E S ID E N T . T h e S e n a to r fro m N ew H a m p s h ire
m o v e s t h a t t h e S e n a te c o n c u r in t h e a m e n d m e n t s m a d e b y th e
H o u s e of- R e p r e s e n t a t i v e s to t h e b ill.
M r. N E L S O N . M r. P r e s i d e n t ------T h e V I C E - P R E S I D E N T . D o e s t h e S e n a t o r from N e w Hamp­
s h i r e y ie ld to the S e n a t o r from M in n e s o ta ?
M r. G A L L I N G E R . I y ie ld t o t h e S e n a to r .
M r. N E L S O N . M r. P r e s i d e n t, t h a t m o tio n o u g h t n o t to p r e ­
v a il , a n d I o b je c t t o i t a t t h i s t im e . I R m ik t h e b i ll o u g h t to
g o t o t h e C o m m itte e o n t h e D i s t r i c t o f C o lu m b ia .
M r. B U R K E T T . L e t t h e l a s t s e c tio n a s p r o p o s e d to
am en d ed be re ad .
.
T h e V I C E - P R E S I D E N T . T h e S e c r e t u r y w ill r e a d t h e l a s i
s e c tio n a s p r o p o s e d t o b e a m e n d e d .
T h e S e c re ta ry re a d a s fo llo w s :

Sec. 2. That there be added to the Code of Law for the P'strlc
of Columbia a new section, to stand as section 691a, and to reau
follows:

, ,

..nincor-

S ec . 691a. That any building association Incorporated or u u '1
*1 ,
porated. organized and existing under the law s of the uistnci
Columbia or any State or Territory to do or now doing In ttie

a n y o th e r ra c e o f th e h u m a n fa m ily . B u t w e a r e h e re to g e th e r
a n il s h o u ld t r y to liv e to g e t h e r a s b e s t w e m a y . T h e i r p r e s e n c e
In o u r la n d h a s p ro v e n a c u rse to th e w h ite m a n .
T hey de­
s tr o y e d th e p e a c e a n d h a r m o n y b e tw e e n th e N o r th a n d th e
S o u th . T h e y b r o u g h t f o u r lo n g y e a r s o f b i tt e r w a r ; c a u s e d th e
d e a t h o f th o u s a n d s o f o u r b e s t c itiz e n s a n d t h e lo s s o f m illio n s
o f d o lla rs o f p ro p e rty , a n d n o w fo r m o re th a n fo r ty y e a r s a f te r
t h e w a r w e h a v e n o t b e e n a b le to g e t r i d o f t h is r a c e q u e s tio n .
T h e g r e a t e s t d e s ir e o f t h e n e g ro , n e x t to a w h ite s k in , i s th e
lo n g in g f o r s o c ia l e q u a lity a n d t h e r e s u ltin g m a r r ia g e w ith
w h i t e p e o p le .
T h is is n a tu r a l, a n d m o re th a n p ro v e n b y th e
m a n y s e x u a l c r im e s b e tw e e n t h e r a c e s , b y th e e a s y la p s e f r o m
v i r tu e o f t h e w h ite m a n a n d th e b r u t a l o u tr a g e s o f th e m a le
n eg ro .
T o ta l s e p a ra tio n o f th e ra c e s o r th e e x tin c tio n o f o n e
m u s t a n d w ill r e s u l t ; b u t u n til t h a t tim e c o m e s w e c a n h e lp th e
p r e s e n t tr o u b le b y e n a c tin g t h i s b ill in to la w a n d le ttin g e a c h
r a c e k n o w t h a t th e r e is n o c h a n c e o f s o c ia l e q u a lity , n o d a n g e r
o f d e s tr o y in g th e C a u c a s ia n r a c e b y m o n g re liz a tio n , n o r o f le a v ­
in g o u r c o u n try to a p o s te r ity o f ra c e re tro g ra d e s .
B y e n a c tin g
t h i s le g is la tio n w e w ill g o f a r to w a r d h e a lin g th e d iffe re n c e s
b e tw e e n th e N o r th a n d S o u th a n d b r in g in g th e m b a c k to a r e a l ­
iz a tio n o f th e ir c o m m o n b ro th e rh o o d , a n d s tre n g th e n in g th e ir
e f f o r ts f o r th e u p b u ild in g o f o u r N a tio n .
T h e r e is a g r o w in g m o v e m e n t t h a t o n ly w e ll p e r s o n s s h o u ld
m arry .
T h e O re g o n s e n a te h a s p a s s e d a b ill t h a t m a k e s i t a
c o n d itio n p r e c e d e n t to th e is s u a n c e o f m a r r i a g e lic e n s e s t h a t
th e a p p lic a n ts s h o u ld p r e s e n t a c e rtific a te o f g ood h e a lth fro m
a r e p u t a b l e p h y s i c i a n . A b i ll w a s r e c e n t l y i n t r o d u c e d i n t h e
P e n n s y lv a n ia le g is la tu re p ro h ib itin g th e m a r r ia g e o f p e rso n s
a fflic te d w i t h p u lm o n a r y tu b e r c u lo s is .
B o th o f th e s e b ills h a v e
r e c e iv e d f a v o r a b l e c o m m e n t, w h ic h g o e s to s h o w t h a t p u b lic
o p i n i o n i s b e i n g awakened a l o n g t h e l i n e o f p r o v i d i n g f o r a
c le a n e r , h e a lth ie r p o s te r ity , a n d , i f s u c h le g is la tio n is d e s ir a b le ,
h o w m u c h m o r e to b e d e s ir e d is le g is la tio n to a v o id t h e b a le f u l
a n d d r e a d f u l e f f e c t o n o u r r a c e o f t h e t a i n t o f n e g r o b lo o d .
M r. P r e s id e n t, I h a d n o t in te n d e d to s p e a k o n t h i s q u e s tio n ,
a s I h a d h o p e d t h a t t h e J u d i c i a r y C o m m itte e w o u ld r e p o r t th e
b ill fa v o ra b ly , a n d in t h a t e v e n t so m e o f th e a b le S e n a to r s o f
t h a t b o d y w o u ld m a k e a ll th e sp e e c h e s n e c e s s a ry f o r its p a s ­
s a g e , th e r e f o r e I h a v e n o t h a d tim e to p r e p a r e a sp e e c h w h ic h
w o u ld d o ju s tic e to th e s u b je c t.
B u t w h e n I fo u n d t h a t in s p ite
o f m y r e p e a te d r e q u e s ts to th e m f o r a c tio n on th e m e a s u re th e y
w o u ld b r in g n o r e p o r t, I f e lt i t m y d u ty to e n d e a v o r to b r in g
th e m e a s u r e b e fo re th e S e n a te in t h is fo rm , f o r th e r e a s o n s a b o v e
s ta te d , a n d f o r t h e f u r t h e r r e a s o n , in o r d e r t h a t t h e p e o p le o f
th e S o u th s h o u ld k n o w b y th e a c tio n o f th e d o m in a n t p a r ty in
th e S e n a te j u s t h o w m u c h r e l i e f t h e y c o u ld e x p e c t f r o m t h e i n ­
c o m in g a d m i n i s t r a t i o n o n t h i s f e a r o f s o c ia l e q u a lity o r r a c e
m ix tu r e , w h ic h a lw a y s t h r e a te n s u s fr o m th e R e p u b lic a n p a r ty
o r so m e o f its m e m b e rs.
W e w a n t to k n o w i f t h e r e c e n t to u r
a n d s o jo u r n in th e S o u th o f th e R e p u b lic a n le a d e r m e a n s a n y
re a l g o o d to th e S o u th , a n y b rin g in g u s n e a r e r to p a r tic ip a tio n
o f th e b e n e fits o f t h e G e n e ra l G o v e rn m e n t, o r w h e th e r i t i s a
c a s e o f t h e G r e e k s b e a r in g g if ts .
N o w , M r. P r e s id e n t, in o r d e r t h a t I m a y h a v e t h is m o tio n
s q u a r e l y b e f o r e t h e p e o p le , I d e s i r e t h a t t h e r e s o l u t i o n b e d i s ­
p o s e d o f b v a y e a - a n d - n a y v o te .
M r. H E Y B U R N . M r. P re s id e n t, I m o v e t h a t th e S e n a te n o w
P ro c e e d to th e c o n s id e r a tio n o f th e c o n fe re n c e r e p o r t o n S e n a te

•dll 2982.
T h e V IC E -P R E S ID E N T .
T h e S e n a to r fro m F lo r id a [M r.
^ I i i .t o n ] h a s a s k e d f o r a y e a - a n d - n a y v o t e o n h i s r e s o l u t i o n .
M r. A L D R I C H . W h a t is t h e q u e s tio n , M r. P r e s i d e n t?
T h e V IC E -P R E S ID E N T .
T h e S e c r e ta r y w ill r e a d th e re so lu tlo u .
M r.

A L D R IC II.

B e fo re

th e

ro ll

c a ll

is

p ro c ee d ed

w ith

I

sHouid like to know on what we are called upon to vote.

/

, 't h e V I C E - P R E S I D E N T .
lu tio n .

T h e S e c r e ta r y w ill r e a d

th e

re so ­

Senate resolution 300.
r J ^ o h e d , That the Committee on the Judiciary be discharged from
u-thor consideration of the bill IS. 8402) prohibiting the intermarriage ,
T »ny white person to a negro in the District of Columbia, or in any
rintL
of t“ e United States, and making the issuance of such marB iTt. ’ i . nQy. incapable of Inheritance, and describing the penalty for
intermarriage, and defining the word “ negro," and further preV “ 'ung a penalty for any person performing such marriage ceremony.
.
I

m o v e t h a t t h e r e s o lu tio n

b e la id

o n th e

Hie VICE-PRESIDENT. The Senator from Ohio moves that
\ r tT ‘ O ,n tio n l i e 011 t l l e t a b l e .
S
in,
I desire a yea-and-nay vote on the motion to
, a > on t h e t a b l e .




T h e V I C E - P R E S I D E N T . U p o n t h a t m o tio n th e S e n a to r f r o m
F lo rid a h a s a sk e d fo r th e y e a s a n d n a y s.
T h e y e a s a n d n a y s w e re o rd e re d , a n d th e S e c re ta ry p ro c e e d e d
to c a ll t h e ro ll.
M r. F U L T O N (w h e n h is n a m e w a s c a lle d ) .
I have a gen­
e r a l p a i r w i t h t h e j u n i o r S e n a t o r f r o m A r k a n s a s [ M r . D avis],
b u t I t r a n s f e r t h a t p a ir to th e s e n io r S e n a to r fro m W a s h in g to n
[ M r . Ankeny ] a n d vote. I v o t e “ y e a . ”
T h e ro ll c a ll w a s c o n c lu d e d .
M r. D IL L IN G H A M ( a f t e r h a v in g v o te d in th e a f f ir m a tiv e ) .
I i n q u i r e w h e t h e r t h e s e n i o r S e n a t o r f r o m S o u t h C a r o l i n a [ D ir .
Tillman] h a s v o t e d ?
T h e V IC E -P R E S ID E N T . T h e S e n a to r fro m S o u th C a ro lin a
h a s n o t v o te d .
M r. D IL L IN G H A M .
T h e n , h a v in g a g e n e ra l p a ir w ith th a t
S e n a to r , I w ill w i t h d r a w m y v o te .
T h e r e s u lt w a s a n n o u n c e d — y e a s 43, n a y s 21, a s f o llo w s :

Aldrich
Beveridge
Borah
Bourne
Briggs
Brown
Bulkeley

Burkett

Burnham
Burrows
Clapp
Bailey
Bankhead
Culberson
Daniel
Foster
Frazier
Ankeny
Bacon
Brandegee
Carter
Clarke, Ark.
Clay
Crane

Clark, WyO.
Cullom
Cummins

Curtis

Depew
Dick
Dixon
Dolliver
du Pont
Flint
Foraker

YEAS— 43.
Frye
Fulton
Guggenheim
Hey burn
Kean
Kittredge
La Follette
Lodge
Long
McCumber
Page
NAYS— 21.
Milton
Money
Newlands
Overman

Perkins
Piles
Richardson

Scott

Smith, Mich.
►
Smoot
Sutherland
Warner
Warren
Wetmore

Simmons
Stone
Taliaferro

Gary
Gore
Johnston
McCreary
McEnery
nrynter
McLaurin
NOT VOTING— 28.
Ilemenway
Davis
Hopkins
Dillingham
Knox
Elkins
Martin
Gal linger
Nelson
Gamble
Nixon
Hale
Penrose
Hansbrough

Platt
Rayner
Smith, Md.
Stevenson
Taylor
Teller
Tillman

M r. M

on

S o t h e m o tio n to
w a s a g r e e d to .

la y

il t o n ’s

re s o lu tio n

th e

ta b le

PRESIDENTIAL APPROVALS.

A m e s sa g e fro m th e P r e s id e n t o f th e U n ite d S ta te s b y M r.
M . C . L a t t a , o n e o f liis s e c r e ta r ie s , a n n o u n c e d t h a t th e P r e s i ­
d e n t h a d a p p r o v e d a n d s ig n e d th e f o llo w in g a c ts a n d j o in t
re s o lu tio n :
O n F e b r u a r y 27, 1 9 0 9 :
S. 9017. A n a c t fo r th e e s ta b lis h m e n t o f a su b p o rt o f e n try
a t R a n ie r, M in n .;
S. 7378. A n a c t to e x te n d t h e tim e f o r th e c o m p le tio n o f a
b r i d g e a c r o s s t h e M is s o u r i R i v e r a t o r n e a r Y a n k to n , S . D a k .,
b y tb e W in n ip e g , Y a n k to n a n d G u lf R a ilr o a d C o m p a n y ; a n d
” S. I t. 76. J o i n t r e s o lu tio n r e la ti v e to h o m e s te a d d e s ig n a tio n s ,
m a d e a n d to b e m a d e , o f m e m b e rs o f th e O sag e tr ib e o f
In d ia n s .

FO
RTIFICATIO A O IA N BILL.
NS PPR PR TIO
M r. P E R K I N S

s u b m itte d th e fo llo w in g r e p o r t :

T h e c o m m i t t e e o f conference o n t h e disagreeing votes of t h e
tw o H o u s e s o n t h e a m e n d m e n t o f t h e S e n a te to t h e b ill ( I I . It.
27054) m a k in g a p p r o p ria tio n s fo r fo rtific a tio n s a n d o th e r w o rk s
o f d e fe n se , fo r th e a r m a m e n t th e re o f, fo r th e p ro c u re m e n t o f
h e a v y o r d n a n c e f o r t r i a l a n d s e rv ic e , a n d f o r o th e r p u rp o s e s ,
h a v i n g m e t , a f t e r f u l l a n d f r e e c o n f e r e n c e h a v e agreed t o
re c o m m e n d a n d d o re c o m m e n d to t h e i r re s p e c tiv e H o u s e s a s
fo llo w s :
T h a t tb e S e n a te re c e d e fro m i ts a m e n d m e n t.
G eo . C . P e r k i n s ,

The Secretary read the resolution submitted by Mr. M ilton*
f February 27, 1909, as follows:

M r. P O R A K E R .
ta b le .

3483

CONGRESSIONAL RECORD— SENATE.

1909.

F. E. Warren,
B . I t . Tillman,
Managers on the part of the Senate.
W

alter

Joseph

I. S m

V.

it h

,

Graff,

S wagar S h ebley,

Managers on the part o f the House.
T h e r e p o r t w a s a g r e e d to .

B ILER INSPECTION.
O
M r. F R Y E .
I a s k u n a n im o u s c o n s e n t f o r t h e p r e s e n t c o n ­
s id e r a tio n o f th e b ill ( I I . R . 2 8 1 7 5 ) to a m e n d s e c tio n 4 4 3 4 o f
th e R e v is e d S t a tu t e s o f th e U n ite d S ta te s , a n d f o r o t h e r p u r ­
po ses.




3484

CONGRESSIONAL RECORD— SENATE.

T lie S e c r e t a r y r e a d t h e b i l l ; a n d t h e r e b e in g n o o b je c tio n , t h e
S e n a te , a s in C o m m i t te e o f t h e W h o le , p r o c e e d e d t o i t s c o n ­
sid e ra tio n .
T h e f i r s t s e c ti o n p r o p o s e s t o a m e n d s e c ti o n 4 4 3 4
o f t h e R e v is e d S t a t u t e s a s a m e n d e d b y t h e a c t a p p r o v e d F e b ­
r u a r y 2S, 1 8 9 5 , s o a s t o r e a d :

Sec. 4434. No externally fired boiler having its shell constructed of
iron or steel plates, exceeding an average thickness of thirty-eight
one-hundredths of an inch, shall be employed on any steam vessel
navigating the Red River of the North or rivers flowing into the Gulf
of Mexico or their tributaries; and no externally fired boiler employed
on any such steam vessel shall have less than 3 inches space be­
tween its shell and any of its internal flues, and not less than 3
inches space between such flues when any such flues are more than 5
inches in diameter, the measurements to be taken from the center of
the length of the tapered section of said flues; and every such ex­
ternally fired boiler employed on any such steam vessel shall be pro­
vided with a manhole in the lower part of the front head thereof, of
such dimensions as may be prescribed by the Board of Supervising In­
spectors, in all cases where the distance between its internal flues is
less than 3 inches. Externally fired boilers having shells constructed
of iron or steel plates not exceeding an average thickness of fifty onehundredths of an inch may, in the discretion of the Supervising In­
spector-General. be authorized and employed on steam vessels navi­
gating the Atlantic and Pacific oceans, or salt-water bays, or sounds,
or the Great Lakes, or any of them, and waters flowing to and from
the same, or any of them : P r o v i d e d , That on inspection, no plate that
is by this act limited to a thickness of thirty-eight one-hundredths of
an inch and no plate that is by this act limited to a thickness of fiftyone-hnndredths of an inch shall be rejected for nse if found to ex­
ceed those dimensions, respectively, if the approved average thick­
ness thereof does not exceed the limits therein specified, and the
amount of steam pressure that will be permitted to be carried in
boilers constructed in accordance with the requirements of this act
shall be determined from measurements showing the least thickness
of the plates.
S e c tio n 2 p r o v i d e s t h a t a l l e x t e r n a l l y f ir e d b o i le r s , c o n s t r u c t e d
o f i r o n o r s t e e l p r i o r t o t h e p a s s a g e o f t h i s a c t a n d n o w in
u s e o n a n y s u c h v e s s e ls , w h e r e i n t h e s p a c e b e tw e e n t h e s h e ll
a n d a n y o f i t s i n t e r n a l f lu e s o r b e tw e e n s u c h f lu e s i s le s s t h a n
3 in c h e s , s h a l l b e d e e m e d l a w f u l l y c o n s t r u c t e d .
T h e b i ll w a s r e p o r t e d t o t h e S e n a t e w i t h o u t a m e n d m e n t ,
o r d e r e d to a t h i r d r e a d i n g , r e a d t h e t h i r d tim e , a n d p a s s e d .
REVISION OF TIIE PENAL CODE.

M r. H E Y B U R N . I a s k u n a n im o u s c o n s e n t f o r th e c o n s id e ra ­
t i o n o f t h e c o n f e r e n c e r e p o r t on. S e n a t e b ill 29S2, t o c o d if y , r e ­
v is e . a n d a m e n d t h e p e n a l l a w s o f t h e U n i t e d S t a t e s .
T h e V I C E - P R E S I D E N T . I s t h e r e o b j e c t io n t o t h e p r e s e n t
c o n s id e ra tio n o f th e c o n fe re n c e r e p o rt?
M r. O V E R M A N . W h a t r e p o r t i s t h a t , M r . P r e s i d e n t ?
T h e V IC E -P R E S ID E N T . T h e S e c r e ta r y w ill s t a te th e r e ­
p o rt.
T h e S e c r e t a r y . T h e r e p o r t o f t h e c o m m i tt e e o f c o n f e r e n c e o n
th e d is a g re e in g v o te s o f th e tw o H o u s e s o n th e a m e n d m e n ts o f
t h e H o u s e to t h e b ill ( S . 2 9 8 2 ) t o c o d if y , r e v is e , a n d a m e n d t h e
p e n a l l a w s o f t h e U n i t e d S t a te s .
M r. O V E R M A N , I o b s e r v e t h e S e n a t o r f r o m A r k a n s a s [M r.
C l a r k e ] i s n o t i n h i s s e a t . H e w a n t s to b e h e a r d o n t h i s s u b ­
je c t.
T h e V I C E - P R E S I D E N T . I s t h e r e o b j e c t io n to t h e r e q u e s t o f
th e S e n a to r fro m Id a h o ?
M r. O V E R M A N . T h e S e n a to r fro m A r k a n s a s d e s ire s to b e
h e a r d o n th is s u b je c t, a n d I w ill o b je c t to its c o n s id e ra tio n
u n t i l h e c o m e s in .
M r. H E Y B U R N . I a s k f o r t h e p r e s e n t c o n s i d e r a t i o n o f t h e
r e p o r t . T h e S e n a t o r f r o m A r k a n s a s w a s h e r e a f e w m o m e n ts
ago.
M r. O V E R M A N . T h e S e n a t o r from G e o r g ia [ M r. B a c o n ]
a n d a ls o t h e S e n a t o r f r o m A r k a n s a s d e s i r e t o b e h e a r d , I t h in k ,
w h e n t h i s q u e s t i o n c o m e s u p , a n d n e i t h e r o f t h e m is p r e s e n t a t
t h i s m o m e n t. I t h e r e f o r e a s k t h e S e n a t o r f r o m I d a h o t o w i t h ­
h o ld h is re q u e s t.
M r. H E Y B U R N . I m o v e t h a t th e S e n a te p ro c e e d to th e co n ­
s id e ra tio n o f th e c o n fe re n c e re p o rt.
T h e V IC E -P R E S ID E N T . T h e S e n a to r fro m I d a h o m o v es
t h a t th e S e n a te p ro c e e d to th e c o n s id e r a tio n o f th e c o n fe re n c e
re p o rt.
M r. C U L B E R S O N . O n t h a t I a s k f o r t h e y e a s a n d n a y s .
T h e y e a s a n d n a y s w e re o rd e re d .
M r. B U L K E L E Y . I s h o u l d l i k e t o h a v e t h e m o tio n s t a t e d .
T h e V I C E - P R E S I D E N T . T h e S e n a t o r f r o m I d a h o [ M r . H ep­
burn] m o v e s t h a t th e S e n a te p ro c e e d to th e c o n s id e ra tio n o f
th e c o n fe re n c e re p o rt.
M r. B U L K E L E Y . O n t h e p e n a l- c o d e b i ll ?
T h e V I C E - P R E S I D E N T . T h a t i s t h e p e n d in g m o tio n , o n
w h ic h t h e y e a s a n d n a y s h a v e b e e n o r d e r e d .
T h e S e c r e t a r y p r o c e e d e d t o c a l l t h e r o ll.
M r. F U L T O N ( w h e n h i s n a m e w a s c a l l e d ) . I a g a i n a n n o u n c e
m y g e n e ra l p a i r w ith t h e ju n io r S e n a to r fro m A r k a n s a s [M r.
D a v i s ] , a n d t r a n s f e r i t to t h e s e n i o r S e n a t o r f r o m W a s h in g t o n
[ M r. A n k e n y ] a n d v o te . I v o t e “ y e a .”

March

1,

T h e r e s u l t w a s a n n o u n c e d — y e a s 49, n a y s 12, a s f o l l o w s :

Aldrich
Beveridge
Borah
Briggs
Brown
Bulkeley
Burkett
Burnham
Burrows
Clark, W
yo.
Clarke, Ark.
Cullom
Cummins
Bailey
Bankhead
Culberson
Ankenny
Bacon
Bourne
Brandegee
Carter
Clapp
Clay
Crane

YEAS—49.
Gore
Guggenheim
Hemenway
Heyburn
Hopkins
Kean
Kittredge
La Follette
Lodge
Long
M
cCum
ber
M
cEnery
Page
NAYS—12.
Daniel
M
cLaurin
Johnston
M
oney
M
cCreary
Overman
NOT VOTING—31.
Martin
Davis
Milton
Foster
Nelson
Frazier
Newlands
Gallinger
Gary
Nixon
■ w
-O en
Hale
Hansbrough
P 5T
a5T 6r
Knox
Penrose

Curtis
Depew
Dick
Dillingham
Dixon
Dolliver
du Pont
Elkins
Flint
Foraker
Frye
Fulton
Gamble

Perkins
Piles
Richardson
Scott
Smith, M
ich.
Smoot
Sutherland
W
arner
W
arren
W
etmore

Rayner
Stone
Taliaferro
Platt
Simmons
Smith, M
d.
Stephenson
Tavlor
Teller
Tillman

S o Mr. H eydukn ’s m otion w as agreed to.
M r . B R I G G S . M r . P r e s i d e n t ------T h e V IC E -P R E S ID E N T . D o e s th e S e n a to r fro m I d a h o y ie ld
to th e S e n a to r fro m N e w J e r s e y ?
M r. H E Y B U R N . F o r w h a t p u r p o s e ?
M r. B R I G G S . T h a t I m a y a s k u n a n i m o u s c o n s e n t f o r t h e
p r e s e n t c o n s i d e r a t i o n o f C a l e n d a r N o . 1 031, b e in g H o u s e b i ll
7048.
M r. C L A R K E o f A r k a n s a s . T h e m a t t e r t h a t h a s j u s t b e e n
ta k e n u p b y a v o te o f th e S e n a te m a y b e d is p o s e d o f fo r th e
p re s e n t, w ith th e c o n se n t o f th e S e n a to r fro m I d a h o [M r. H e y b u k n ] , so t h a t i t w i l l n o t b e n e c e s s a r y t o y i e l d t o t h e S e n a t o r
f r o m N e w J e r s e y [ M r . B r ig g s ] . I a s k t h e S e n a t o r f r o m I d a h o
to m a k e t h e a n n o u n c e m e n t r e g a r d i n g t h e c o n f e r e n c e r e p o r t o n
t h e p e n a l- c o d e b ill, a c c o r d i n g t o t h e u n d e r s t a n d i n g w e h a v e
a r riv e d a t.
M r. H E Y B U R N .
I w o u ld s u g g e s t t h a t th e S e n a to r fro m
A r k a n s a s s t a t e t h e p r o p o s i t io n w h ic h h a s b e e n s u b m i tt e d ,
M r. C I A R K E o f A r k a n s a s . T h e r e p o r t o f t h e c o n f e r e e s h a s
r e c o m m e n d e d t h e a d o p t i o n o f a ll t h e a m e n d m e n t s p u t u p o n t h e
b i ll f o r t h e r e v is io n o f t h e c r i m i n a l c o d e b y t h e H o u s e i n e n t i r e
s u b s t i t u t i o n f o r t h e a m e n d m e n t s a d o p t e d b y t h e S e n a te . T h e s e
a m e n d m e n t s a r e c o in c i d e n t in s o m e p a r t i c u l a r s , b u t i t i s n e c e s ­
s a r y t o h a v e s o m e l i t t l e t i m e in w h i c h t o r e c o n c ile o r , a t l e a s t , t o
u n d e r s t a n d t h e d if f e r e n c e s . T h a t c a n b e d o n e b y t h e t i m e o f t h e
h o u r o f t h e m e e t in g o f t h e S e n a t e o n t o - m o r r o w , a n d t h o s e o f u s
w h o f e e l t h a t w e o u g h t t o h a v e a n o p p o r t u n i t y to p o i n t o u t t h e
m a t t e r s o f d i f f e r e n c e t h a t a r e a p p a r e n t l y i r r e c o n c i l a b l e s h o u ld
b e p e r m i t t e d t o d o so . T h e S e n a t o r f r o m I d a h o i n c h a r g e o f
t h e b i ll c o n s e n ts t h a t i t m a y b e l a i d o v e r u n t i l t h e m e e t in g o f
t h e S e n a t e to - m o r r o w , a t w h a t e v e r h o u r t h a t m a y b e .
M r. H E Y B U R N . U n d e r c o n d itio n s .
M r. C L A R K E o f A r k a n s a s . U n d e r t h e c o n d it i o n t h a t w e w i l l
p o i n t o u t t o h im b e f o r e t h a t h o u r t h e p a r t i c u l a r d e f e c t s o r t h e
p a r t i c u l a r o b j e c t i o n s t h a t w e h a v e t o t h e b ill.
M r. H E Y B U R N . A n d t h a t i t b e t h e s p e c ia l o r d e r f o r 10
o ’c lo c k t o - m o r r o w m o r n in g .
M r. C L A R K E o f A r k a n s a s . T h a t i s e n t i r e l y s a t i s f a c t o r y .
M r. H E Y B U R N . W i t h t h a t u n d e r s t a n d i n g o n ly , t h e S e n a ­
to r fro m I d a h o a g re e s t h a t th e m a t t e r m a y go o v e r— w ith th e
u n d e r s ta n d in g a n d c o n s e n t o f th e S e n a te t h a t th e c o n fe re n c e
r e p o r t b e m a d e t h e s p e c ia l o r d e r f o r 1 0 o ’c lo c k to - m o r r o w m o r n ­
in g . T h e a d d i t i o n a l t i m e i s a s k e d b y t h o s e w h o o p p o s e t h e
re p o rt.
M r. A L D R I C H . M r. P r e s i d e n t ------T h e Y IC E -P R E S ID E N T . D o es th e
S e n a to r fro m
Idaho
y i e l d to t h e S e n a t o r f r o m R h o d e I s l a n d ?
M r. H E Y B U R N . I n a m o m e n t. T h e t i m e f o r t h e e x a m ­
in a tio n o f th e r e p o rt a s p rin te d is a s k e d b e c a u se o f th e n eces­
s i t y f o r s o m e c o n s u l t a t i o n w i t h a v ie w o f r e a c h i n g a n a g r e e ­
m e n t. I t i s o n ly b e c a u s e o f t h a t p r o p o s i t io n t h a t I a m le d to
c o n s e n t t o t h e m a t t e r g o in g o v e r u n t i l t o - m o r r o w . I c o u ld n o t
c o n s e n t t o i t s g o in g o v e r u n t i l t o - m o r r o w u n l e s s w e h a d a n
u n d e r s ta n d in g t h a t i t sh o u ld b e th e n ta k e n u p .
M r. W A R R E N . M r. P r e s i d e n t ------T h e V I C E - P R E S I D E N T . D o e s t h e S e n a t o r f r o m I d a h o y ie ld
t o t h e S e n a t o r f r o m W y o m in g ?
M r. H E Y B U R N . C e r t a i n l y .
M r. W A R R E N . T h a t I m a y u n d e r s t a n d t h e agreem ent,
w ill a s k w h a t e f f e c t w o u l d i t h a v e , i f a d o p te d , o n t h e consid­
e r a t i o n o f c o n f e r e n c e r e p o r t s o r , p e r h a p s , t h e f in is h in g o f n n
a p p r o p r i a t i o n b i ll a l r e a d y b e f o r e t h e S e n a t e ?

J

1909.

COMPRESSIONAL KECOKD— SENATE.

to a u th o r iz e t h e S e c r e ta r y o f th e N a v y to lo a n n a v a l e q u ip m e n t
to c e r t a i n m il i ta r y s c h o o ls ,” a p p r o v e d M a r c h 3, 1901.
B y u n a n im o u s c o n s e n t, t h e S e n a te , a s in C o m m itte e o f t h e
W h o le , p r o c e e d e d to c o n s id e r t h e b ill.
T h e b ill w a s r e p o r te d to t h e S e n a te w ith o u t a m e n d m e n t, o r ­
d e r e d to b e e n g ro s s e d f o r a t h i r d r e a d in g , r e a d t h e t h i r d tim e ,
a n d passed.
CHARLES LENNIG & CO.

M r. P A Y N T E I t. I a s k f o r th e p r e s e n t c o n s id e r a tio n o f t h e
b ill ( I I . R . 9 7 5 5 ) f o r t h e r e li e f o f C h a r le s L e n n ig & C o.
B y u n a n im o u s c o n s e n t, t h e S e n a te , a s in C o m m itte e o f t h e
W h o le , p r o c e e d e d to c o n s id e r t h e b ill.
I t p ro p o se s to p a y to
C h a r l e s L e n n i g & C o ., P h i l a d e l p h i a , P a . , f o r d a m a g e t o t h e i r
w o r k s , d u e t o t h e a c c i d e n t a l e x p l o s i o n o n A u g u s t C, 1 9 0 2 , o f a
q u a n tity o f c a r tr id g e s a t F r a n k f o r d A rs e n a l, P h ila d e lp h ia , P a .
T h e b ill w a s r e p o rte d to th e S e n a te w ith o u t a m e n d m e n t, o r ­
d e r e d to a t h i r d r e a d in g , r e a d th e t h i r d tim e , a n d p a s s e d .
CARTER

&

BOOKER.

M r. O W E N . I a s k u n a n im o u s c o n s e n t f o r th e p r e s e n t c o n ­
s i d e r a t i o n o f t h e b ill ( S . 9 3 5 1 ) t o a u th o r i z e t h e P o s tm a s te r G e n e ra l to s e ttle t h e a c c o u n ts o f C a r te r & B o o k e r, a n d f o r o th e r
p u rp o se s.
T h e r e b e in g n o o b je c tio n , t h e S e n a te , a s in C o m m itte e o f th e
W h o le , p r o c e e d e d t o c o n s id e r t h e b ill.
T h e b ill w a s r e p o r te d to t h e S e n a te w i t h o u t a m e n d m e n t, o r ­
d e r e d to b e e n g ro s s e d f o r a t h i r d r e a d in g , r e a d th e t h i r d tim e ,
p assed.
>
CORRY, PA,, A PORT OF DELIVERY.

~

^

M r. P E N R O S E .
I d e s ir e to c a ll u p t h e b ill ( H . R . 2 4 3 2 7 ) t o
m a k e C o rry , P a ., a p o r t o f d e liv e r y in t h e d i s t r i c t o f E r ie , P a .,
a n d e x te n d in g t o i t t h e p r iv ile g e o f s e c tio n 7 o f th e a c t o f J u n e
10, 1880.
T h e r e b e in g n o o b je c tio n , t h e S e n a te , a s in C o m m itte e o f t h e
W h o le , p r o c e e d e d t o c o n s i d e r t h e b i ll .
T h e b ill w a s r e p o r te d to th e S e n a te w i t h o u t a m e n d m e n t, o r ­
d e r e d to a t h i r d r e a d in g , r e a d t h e t h i r d tim e , a n d p a s s e d .
NATHANIEL

HUNTLEY.

M r. W A R R E N . I a s k f o r th e p r e s e n t c o n s id e ra tio n o f th e
b ill ( H . It. 2 4 9 9 5 ) f o r t h e r e lie f o f N a th a n ie l H u n tle y .
T h e r e b e in g n o o b je c tio n , t h e S e n a te , a s in C o m m itte e o f t h e
W h o l e , p r o c e e d e d t o c o n s i d e r t h e b i ll . I t p r o p o s e s t h a t i n t h e
a d m in is tr a tio n o f t h e p e n s io n la w s th e r e c o r d o f t h e m u s te r o f
N a th a n ie l H u n tle y in to th e m ilita r y s e rv ic e o f th e U n ite d S ta te s
a s a m e m b e r o f C o m p a n y E , F i f t h R e g im e n t M ic h ig a n C a v a lr y
V o l u n t e e r s , s h a l l b e h e l d t o b e v o i d a n d w i t h o u t e f f e c t, H u n t l e y
n e v e r in f a c t h a v in g b e e n m u s te r e d in to t h e s e r v ic e a s a m e m b e r
o f t h a t o r g a n iz a tio n a n d n e v e r h a v in g r e n d e r e d a n y s e rv ic e
w ith it, b u t s e rv e d a s a m e m b e r o f C o m p a n y A , O n e h u n d r e d
a n d f o u r th R e g im e n t N e w Y o rk V o lu n te e rs , a n d w a s h o n o ra b ly
d is c h a rg e d fro m t h a t o rg a n iz a tio n .
T h e b ill w a s r e p o r te d to th e S e n a te w ith o u t a m e n d m e n t, o r ­
d e r e d to a t h i r d r e a d in g , r e a d t h e t h i r d tim e , a n d p a s s e d .
E. C. MANSFIELD.

M r. C R A N E . I a s k u n a n im o u s c o n s e n t f o r th e c o n s id e ra tio n
° f t h e b i l l ( S . 8 3 2 4 ) f o r t h e r e l i e f o f E . C . M a n s f i e ld .
T h e r e b e in g n o o b je c tio n , th e S e n a te , a s in C o m m itte e o f th e
W h o le , p r o c e e d e d t o c o n s i d e r t h e b i l l .
I t p ro p o se s to c re d it th e
A c c o u n ts o f E . C . M a n s f i e l d , p o s t m a s t e r a t B o s t o n , M a s s ., w i t h
t h e s u m o f $ 2 1 5 .6 7 , o n a c c o u n t o f t h e l o s s o f $ 2 1 5 .6 7 o f t h e p o s t a l
*ll& ds s t o l e n f r o m t h e B a c k B a y s t a t i o n o f t h a t p o s t- o f f ic e .
T h e b i ll w a s r e p o r t e d t o t h e S e n a t e w i t h o u t a m e n d m e n t , o r ­
d e r e d to b e e n g r o s s e d f o r a t h i r d r e a d in g , r e a d t h e t h i r d tim e ,
a ° d passed.
JACKSON TRYOR.

M r. F R A Z I E R .
I a s k u n a n im o u s c o n s e n t fo r th e c o n s id e ra ­
tio n o f th e b ill ( H . R . S 5 4 5 ) f o r th e r e li e f o f J a c k s o n P r y o r .
T h e r e b e in g n o o b je c tio n , t h e S e n a te , a s in C o m m itte e o f th e
w h o le , p ro c e e d e d to c o n s id e r t h e b ill. I t p r o p o s e s to c o r r e c t t h e
M ilita r y re c o r d o f J a c k s o n P r y o r , la te o f C o m p a n y D , T w e lf th
R e ifim e n t K e n tu c k y V o lu n te e r I n f a n t r y , so a s to g r a n t h im a n
h o n o ra b le d is c h a r g e a s o f th e d a te w h e n t h a t c o m p a n y w a s m u s ­
te r e d o u t o f th e s e rv ic e o f th e U n ite d S ta te s .
t h e b ill w a s r e p o r te d to t h e S e n a te w ith o u t a m e n d m e n t, o r ­
d e r e d to a t h i r d r e a d in g , r e a d t h e t h i r d tim e , a n d p a s s e d .
CODIFICATION OF THE POSTAL LAWS.

M r. B O R A H .
I a s k t h a t t h e b i l l ( S . 8 8 0 3 ) t o c o d if y , r e v i s e ,
® od a m e n d t h e p o s t a l l a w s o f t h e U n i t e d S t a t e s m a y g o t o t h e

u '

C a le n d a r u n d e r R u l e I X .
T h e V IC E -P R E S ID E N T .

W ith o u t o b je c tio n ,

it

,
,
.
is so o rd e re d .

EXECUTIVE SESSION.

M r.

KEAN.

I m o v e t h a t th e S e n a te p ro c e e d

R on o f e x e c u tiv e b u sin e ss.




to the

c o n s id e ra -

3487

T h e m o tio n w a s a g r e e d t o ; a n d t h e S e n a te p r o c e e d e d to t h e
c o n s id e r a tio n o f e x e c u tiv e b u s in e s s . A f te r tw e n ty m in u te s s p e n t
in e x e c u tiv e s e s s io n th e d o o r s w e r e re o p e n e d .
LIST OF CLAIMS, JUDGMENTS, AND AWARDS.

M r. H A L E s u b m itte d t h e f o llo w in g r e s o lu tio n (S . R e s. 3 1 8 ) ,
w h ic h w a s c o n s id e re d b y u n a n im o u s c o n s e n t a n d a g r e e d t o :
R e s o l v e d , That the Secretary of the Treasury be, and he is hereby,
directed^ to transmit to the Senate the following schedule and lists of
claims, judgments, and awards requiring appropriations by Congress not
heretofore reported to Congress at the present session, namely:
First. Schedule of claims allowed by the accounting officers of the
Treasury under appropriations the balances of which have been ex­
hausted or carried to the surplus fund under the provisions of section
5 of the act of June 20, 1874.
Second. List of judgments rendered by the Court of Claims against
the United States.
Third. List of judgments rendered by the Court of Claims in favor of
claimants and against the United States under the act to provide for
the adjudication and payment of claims arising from Indian depreda­
tions, approved March 3, 1891.
Fourth. List of judgments rendered against the United States by the
circuit and district courts of the United States under the act to provide
for bringing suits against the Government of the United States, ap­
proved March 3, 1887.
Fifth. List of awards made by the Spanish Treaty Claims Commission
under the act to carry into effect the stipulations of article 7 of the
treaty between the United States and Spain concluded on the 10th day
of December, 1898, approved March 2, 1901.

MESSAGE FROM THE HOUSE.

A m e s s a g e f ro m t h e H o u s e o f R e p r e s e n ta tiv e s , b y M r. W . J .
B ro w n in g , i t s C h ie f C le rk , a n n o u n c e d t h a t th e S p e a k e r o f th e
H o u s e h a d s ig n e d t h e f o llo w in g e n r o lle d b ills , a n d th e y w e r e
th e r e u p o n s ig n e d b y t h e V ic e - P r e s id e n t:
S. 5729 . A n a c t t o c o r r e c t t h e r e c o r d s a n d a u t h o r i z e t h e r e ­
e n l i s t m e n t o f c e r t a i n n o n c o m m i s s i o n e d o f f ic e r s a n d e n l i s t e d m e n
b e lo n g in g to C o m p a n ie s B , C , a n d D , o f t h e T w e n ty - f if th U . S.
I n f a n t r y , w h o w e re d is c h a r g e d w ith o u t h o n o r u n d e r S p e c ia l
O r d e r s , N o . 2 06, W a r D e p a r tm e n t, N o v e m b e r 9, 1 900, a n d th e
r e s to r a tio n to th e m o f a ll r ig h ts o f w h ic h th e y h a v e b e e n d e ­
p riv e d o n a c c o u n t th e r e o f ;
S. 8554. A n a c t a u th o riz in g th e S e c re ta ry o f th e I n te r io r to
se ll p a r t o r a ll o f t h e s u r p lu s l a n d s o f m e m b e rs o f t h e K a w o r
K a n s a s a n d O s a g e tr ib e s o f I n d ia n s in O k la h o m a , a n d f o r o th e r
p u rp o se s;
S. 8654. A n a c t f o r t h e r p lie f o f c e r t a i n o c c u p a n ts o f u n s u r ­
v e y e d p u b lic l a n d s in C ra ig h e a d C o u n ty , A r k . ;
S. 9242. A n a c t g r a n tin g p e n s io n s a n d in c r e a s e o f p e n s io n s to
c e r ta in s o ld ie r s a n d s a ilo r s o f t h e c iv il w a r a n d to th e w id o w s
a n d d e p e n d e n t a n d h e lp le s s r e la tiv e s o f s u c h s o ld ie r s a n d
s a ilo rs ; a n d
II. R . 2S193. A n a c t to a u th o riz e th e
c o n s tru c t a b rid g e a c ro s s R e d R iv e r.

,,
c ity

,
of

S h re v e p o rt to

SUNDRY CIVIL APPROPRIATION BILL.

M r H A L E . I m o v e t h a t th e S e n a te p ro c e e d to th e c o n s id e ra ­
t i o n o f H o u s e b i l l 2 S 2 4 5 , t h e s u n d r y c i v i l a p p r o p r i a t i o n b i ll .
T h e m o t i o n w a s a g r e e d t o ; a n d t h e S e n a t e , a s iu C o m m i t t e e
o f t h e W h o le , p r o c e e d e d t o c o n s i d e r t h e b i l l ( H . R . 2 8 2 4 5 ) m a k ­
in g a p p r o p r i a ti o n s f o r s u n d r y c iv il e x p e n s e s o f t h e G o v e r n m e n t
f o r th e fis c a l v e a r e n d in g J u n e 30, 1 910, a n d f o r o t h e r p u r p o s e s ,
w h i c h h a d bc-en r e p o r t e d f r o m t h e C o m m i t t e e o n A p p r o p r i a t i o n s
w ith a m e n d m e n ts .
M r H A L E . I a s k t h a t th e f o r m a l r e a d in g o f th e b ill b e d is ­
p e n s e d w ith , t h a t th e b ill b e r e a d f o r a m e n d m e n t, a n d t h a t th e
c o m m i t t e e ’s a m e n d m e n t s h e f i r s t c o n s i d e r e d .
.
T h e V IC E -P R E S ID E N T .
I s th e r e o b je c tio n ?
T h e C h a ir
h e a r s n o n e , a n d th e S e c r e ta r y w ill p ro c e e d w ith th e r e a d in g o f
T h e S e c r e t a r y p ro ceed ed t o r e a d t h e b ill. T h e first a m e n d ­
m e n t o f t h e C o m m i t t e e on A p p r o p r ia tio n s w a s, u n d e r th e s u b ­
h ead “ P u b l i c b u ild in g s ,” on p a g e 1 3 , a fte r line 1 9 , to in s e r t :

Everett, Wash., post-office and custom-house: For continuation of
work under present limit, 840,000.
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e 1 9 , a f t e r l i n e 2, t o i n s e r t :

T-irk^onville Fla., post-office and court-house: For tower clock and
an workincident to its installation, $4,000.
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e 27, lin e 1. b e f o r e t h e w o r d
“ F o r . ” t o i n s e r t “ N e w Y o r k , a p p r a i s e r 's s t o r e s a n d c u s t o m ­
h o u s e ," s o a s t o m a k e t h e c la u s e r e a d :

New York, appraiser’s stores and custom-house: For the purchase of
necessary materials and equipment and for all necessary services for
the installation, at a cost not exceeding $175,000, of a pneumatic-tube
service between the now custom-house and the appraiser's stores in
New York, N. Y., $175,000, or so much thereof as may be necessary.
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e 30 , lin e 4, a f t e r th e w o r d
“ c i t y , ” t o i n s e r t “ a n d t h e s u m o f $ 4 0 ,0 0 0 , i n a d d i t i o n t o t h e
a m o u n t h e r e to f o r e a u th o r iz e d f o r p u r c h a s e o f site , m a y b e u s e d

1




3488

CONGRESSIONAL RECORD— SENATE.

f o r t h a t p u r p o s e , b u t t h e l i m i t o f c o s t f o r s i t e a n d b u ild in g
s h a l l n o t b e e x c e e d e d ,” so a s to m a k e t h e c la u s e r e a d :

Maech l,

T h e n e x t a m e n d m e n t w a s , o n p a g e 52, a f t e r l in e 3 , t o i n s e r t :

For the construction of a steam vessel for the Revenue-Cutter Serv­
Portland, M court-house: So much of section 1 of the public ice for anchorage duty at the port of New York, $80,000.
e.,
buildings act approved M 13. 1908, as applies to the post-office at
ay
T h e a m e n d m e n t w a s a g r e e d to.
Portland, M and the acquisition of additional ground therefor is
e.,
T h e n e x t a m e n d m e n t w a s , o n p a g e 52, a f t e r lin e G, to i n s e r t :
hereby made applicable to the court-house in that city, and the sum of
For the construction
540,000, in addition to the amount heretofore authorized for purchase first class for service inand equipping of_a steam revenue cutter of the
the waters of Key W I la., $2o0,000.
est,
of site, may he used for that purpose, but the limit of cost for site
and building shall not be exceeded.
T h e a m e n d m e n t w a s a g r e e d to .
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e 30, a f t e r l in e 11, t o i n s e r t :

Providence, R I., post-office, court-house, and custom-house: For
.
finishing quarters in attic for Civil Service Commission, 55,000.

T h e n e x t a m e n d m e n t w a s , u n d e r t h e h e a d o f “ U n d e r S m i th ­
s o n ia n I n s t i t u t i o n ” o n p a g e 55, lin e 21, b e f o r e t h e w o r d "thou­
s a n d ,” to s t r i k e o u t “ t h r e e h u n d r e d ” a n d i n s e r t “ o n e h u n d r e d
a n d n i n e t y , ” so a s to m a k e t h e c la u s e r e a d :

For continuing the preservation, exhibition, and increase of the col­
lections from the surveying and exploring expeditions of the Govern­
ment, and from other sources, inducting salaries or c o m p e n s a tio n of all
Riverside, Cal., post-office: For site and continuation of building necessary employees, and ail other necessary expenses, $190,000, of
under present limit, $50,000.
which sum $5,500 may he used for necessary drawings and illustra­
tions for publications of the National M
useum
.
T h e a m e n d m e n t w a s a g r e e d to .
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e 31, a f t e r l in e 8, to i n s e r t :

T h e n e x t a m e n d m e n t w a s , o n p a g e 38, l in e 4, a f t e r t h e w o r d
“ d o l l a r s , ” to i n s e r t “ a n d t h e S e c r e t a r y o f t h e T r e a s u r y is h e r e b y
a u t h o r i z e d a n d d i r e c te d to p u r c h a s e s u c h a d d i t i o n a l l a n d a s m a y
b e n e c e s s a r y f o r t h e e n la r g e m e n t o f t h e p o st-o ffic e a n d c o u r t ­
h o u s e a t W ilm in g to n , D e l., p r o v id e d f o r in t h e p u b lic b u ild in g s
a c t a p p r o v e d M a y 3 0 , 19 0 8 , t h e c o s t o f s u c h l a n d n o t t o e x c e e d
t h e s u m o f .$25,000, t o b e p a id o u t o f t h e t o t a l a p p r o p r i a t i o n o f
$ 1 2 0 ,0 0 0 a u th o r i z e d in s a i d a c t f o r s u c h e n la r g e m e n t,” so a s to
m a k e t h e c la u s e r e a d :

T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e 56, a f t e r lin e 3, t o i n s e r t :

For the following at the Wholesale M
arket square at Tenth. Eleventh,
B. and Little li streets NW in connection with the now approaching
.,
completion of the new National M
useum building, for cement sidewalks,
$850, and for the necessary grading, $150; in all, $1,000.
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m en t w as, u n d e r th e su b h e a d “ I n te r s ta te
C o m m e r c e C o m m is s io n ,” o n p a g e 61, a f t e r lin e 15, t o i n s e r t :

W
ilmington, Del., post-office and court-house: For completion of the of Special witness of destruction of United States securities: For pay
the representative of the public on the committee to witness the
enlargement, extension, remodeling, or improvement of building under destruction by maceration of government securities, at $5 per day while
present limit, $80,000, and the Secretary of the Treasury is hereby actually employed, $1,503.
authorized and directed to purchase such additional land as may be
necessary for the enlargement of the post-office and court-house at
T h e a m e n d m e n t w a s a g r e e d to .
Wilmington. Del., provided for in the public buildings act approved
T h e n e x t a m e n d m e n t w a s , in t h e ite m f o r r u b l i c H e a l t h a n d
M 30, 1908, the cost of such land not to exceed the sum of $23,000,
ay
to be paid out of the total appropriation of $120,000 authorized in M a r i n e - H o s p it a l S e r v ic e , o n p a g e 70, lin e 5, a f t e r t h e w o r d
“ d o l l a r s , ” to i n s e r t “ to b e im m e d ia t e l y a v a i l a b l e , ” so a s to
said act for such enlargement.
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e 39, a f t e r lin e 13, t o i n s e r t :

For Treasury building at Washington, D. C.: For repairs to Treas­
ury, Butler, and W
inder buildings and the grounds adjacent thereto,
including personal services of shilled mechanics, $21,000.
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e 40, l in e 22, b e f o r e t h e w o r d
“ t h o u s a n d , ” to s t r i k e o u t “ f i f t y ” a n d i n s e r t “ t h i r t y - e i g h t ; ”
a n d in lin e 25, a f t e r t h e w o r d “ s a m e ,” to s t r i k e o u t “ a n d n o t
e x c e e d in g $ 1 2 ,0 0 0 f o r t h e T r e a s u r y , B u t l e r , a n d W in d e r b u i ld ­
i n g s a t W a s h in g to n , D . C., so a s t o m a k e t h e c la u s e r e a d :

m a k e t h e c la u s e r e a d :

To enable the Secretary of the Treasury to accept the proposal of
the proper authorities of the Territory of Hawaii, in amount not to
exceed $4,500, to make sufficient extension of the present water-supply
system of the leper settlement on M
olokai to provide an adequate water
supply also to the leprosy investigation station of the United States,
provided that the right Is granted to said adequate water supply In per­
petuity by the Territory of Hawaii, $4,500, to be immediately available.
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e 70, l in e 8, a f t e r t h e w o r d
“ d o l l a r s , ” t o i n s e r t “ to b e im m e d ia te ly a v a i l a b l e , ” s o a s to
m a k e t h e c la u s e r e a d :

For repairs and preservation of public buildings: Repairs and preser­
For constructing boat landing at the leprosy investigation station,
vation of custom-houses, court-houses, and post-offices, quarantine sta­
tions and marine hospitals, buildings and wharf at Sitka, Ala., build­ : Hawaii, $1,000, to be Immediately available.
ings not reserved by the vendors on sites acquired for buildings or
T h e a m e n d m e n t w a s a g r e e d to .
the enlargement of buildings, and other public buildings and the
ground thereof, including necessary wire screens, under the control
T h e n e x t a m e n d m e n t w as, u n d e r th e h e a d o f “ U n d e r th e
of the Treasury Department, exclusive of personal services, except D e p a r t m e n t o f C o m m e rc e a n d L a b o r ,” o n p a g e 72, a f t e r H u e 6,
for work done bv contract, 8538,000: P r o v id e d , That of this amount to i n s e r t :
not exceeding $100,000 may be used for marine hospitals and quaran­
tine stations, including wire screens for same.
Light keepers’ dwellings: For light keepers’ dwellings and appur­
tenant structures, including sites therefor: P r o v id e d , That no dwelling
T h e a m e n d m e n t w a s a g r e e d to .
erected hereunder at any one station shall exceed $0,500 in cost,
T h e n e x t a m e n d m e n t w a s , o n p a g e 41, lin e 23, b e f o r e t h e w o r d
$75,000.
“ t h o u s a n d , ” t o s t r i k e o u t “ a n d n o t e x c e e d in g $ 9 ,0 0 0 f o r t h e
T r e a s u r y , B u t le r , a n d W i n d e r b u i ld i n g s a t W a s h in g t o n , D . C.,
f o u r h u n d r e d , ” a n d i n s e r t “ t h r e e h u n d r e d a n d n in e ty - o n e ,”
s o a s to m a k e t h e c la u s e r e a d :

Mechanical equipment for public buildings: For heating, hoisting,
plumbing, gas piping (except for furniture lighting), ventilating, and
refrigerating apparatus, vacuum-cleaning systems, interior pneumatictube and call-bell systems for all purposes, and repairs to the same, for
all public buildings, including buildings not reserved by the vendors
on sites a c q u ire d Tor buildings or the enlargement of buildings under
the‘control of the Treasury Department, exclusive of personal services,
oTeent for work done by contract, and including not exceeding $40,000
for marine hospitals and quarantine stations, $591,000.
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w as, u n d e r th e su b h e a d
t e r S e r v ic e ,” o n p a g e 51, a f t e r lin e 12, t o i n s e r t :

R e v e n u e - C u t­

T h e a m e n d m e n t w a s a g r e e d to.
T h e n e x t a m e n d m e n t w a s , o n p a g e 72, a f t e r lin e 13, to i n s e r t :

Toint Judith breakwater lights, Rhode Island: For establishing light*
and fog signals on the breakwaters of the National Harbor of Refuge,
Point Judith, Rhode Island, and for erecting a keepers' dwelling,
$18,500.
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , a t t h e to p o f p a g e 73, t o i n s e r t :

Ambrose Channel, New York: For the purchase of buovs and equip­
ment, $40,000.
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e 73, a f t e r lin e 2, to I n s e r t :

The sum of $15,000 appropriated bv the sundry civil a p p r o p r ia tio n
act, approved June 30, 1906, for a tank light-vessel for Ambrose Chan­
Fnr the construction of a steam launch for the United States Reve- nel. New York Bay, may be used, together with the foregoing suin, for
nue-Cutfer ServS for duty in the waters of Puget Sound, $25,000.
the purchase of buoys.
The amendment

w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e 51, a f t e r lin e l o , to i n s e r t :

T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e 73, a f t e r lin e 7, to i n s e r t :

For constructing a suitable vessel or launch for the customs service,
W
: For constructing,
of such motive power as may be determined by the Secretaryof the ping,inter Quarter Shoal light-vessel, Virginiasteel self-propelling equip­
and outfitting complete for service a
lightTreasury, for use at and in the vicinity of Portland, M $-a,ooo.
e.,
vessel with a fog signal: and the Light-House Board is authorized to
employ temporarily at W
ashington not exceeding three draftsmen, to he
T h e a m e n d m e n t w a s a g r e e d to .
paid at current rates, to prepare plans for the light-vessel; such drafts­
T h e n e x t a m e n d m e n t w a s , o n p a g e 51, a f t e r l in e 19, t o i n s e r t : m to be paid from the appropriation for building this vesspl; such
en
For the construction of a launch, of such motive power as pay be employment to cease and determine on or before the date when, the
determined by the Secretary of the Treasury, for the use of the cus­ plans for this vessel being finished, proposals for building this vessel
toms service at and in the vicinity of Los Angeles, Ca!., $10,000.
are invited by advertisement, $133,900.
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , o n p a g e 51, l in e 23, t o i n s e r t :

T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , a t t h e to p o f p a g e 74, to I n s e r t :

For the construction and equipping of a steam revenue cutter, for
Buffalo breakwater. North End light station. New Y : For dredging
ork
service in Narragansett Bay and adjacent waters, with headquarters at
Newport, R I., to take the place of the revenue cutter D e x t e r , $225,000. the Buffalo breakwater, North End light station, New York, $43,200.
.
T h e a m e n d m e n t w a s a g r e e d to .

T h e a m e n d m e n t w a s a g r e e d to .

1909.

CONGRESSIONAL RECORD— SENATE.

a m e n d m e n t i n s e r t “ tw o liu n d r e d a n d tw e n ty - f iv e t h o u s a n d ; ”
a n d th e S e n a te a g re e to th e sa m e .
T h a t th e H o u s e re c e d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f th e S e n a te n u m b e re d 20, a n d a g re e to th e s a m e w ith a n
a m e n d m e n t a s f o l lo w s : I n lie u o f t h e s u m i n s e r te d b y th e
a m e n d m e n t i n s e r t “ o n e m illio n o n e h u n d r e d a n d e ig h ty t h o u ­
s a n d s e v e n h u n d r e d a n d n i n e t y - s i x ; ” a n d t h e S e n a te a g r e e to
th e sam e.
T h a t th e H o u s e re c e d e f r o m i ts d is a g r e e m e n t to th e a m e n d ­
m e n t o f th e S e n a te n u m b e re d 28, a n d a g r e e to th e s a m e w ith a n
a m e n d m e n t a s f o llo w s : I n lie u o f t h e s u m in s e r te d b y s a id
a m e n d m e n t in s e r t “ tw o h u n d r e d a n d s ix ty -tw o th o u s a n d th r e e
h u n d r e d a n d t w e n t y ; ” a n d th e S e n a te a g re e to th e sa m e .
T h a t th e H o u s e re c e d e fro m i ts d is a g r e e m e n t to th e a m e n d ­
m e n t o f th e S e n a te n u m b e re d 29, a n d a g re e to th e sa m e w ith a n
a m e n d m e n t a s f o llo w s : I n lie u o f t h e s u m i n s e r te d b y s a id
a m e n d m e n t i n s e r t “ te n th o u s a n d d o l l a r s ; ” a n d th e S e n a te
a g r e e to th e sa m e .
T h a t th e H o u s e re c e d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f th e S e n a te n u m b e re d 30, a n d a g re e to th e s a m e w ith a n
a m e n d m e n t a s f o llo w s : I n lie u o f th e su m in s e r te d b y th e
a m e n d m e n t i n s e r t “ o n e m illio n s e v e n h u n d r e d a n d n in e th o u ­
s a n d tw o h u n d r e d a n d s i x ty - s ix ; ” a n d t h e S e n a te a g r e e t o th e
sam e.
T h a t th e H o u se re c e d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f th e S e n a te n u m b e re d 44, a n d a g re e to th e s a m e w ith a n
a m e n d m e n t a s f o llo w s : I n lie u o f su m i n s e r te d b y s a id a m e n d ­
m e n t in s e r t “ o n e h u n d r e d a n d s e v e n ty -th re e th o u s a n d f o u r
h u n d r e d a n d f if ty ; ” a n d th e S e n a te a g re e to th e s a m e .
T h a t th e H o u s e re c e d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f th e S e n a te n u m b e re d 45, a n d a g re e to th e s a m e w ith
a n a m e n d m e n t a s f o llo w s : I n lie u o f s u m i n s e r te d b y s a id
a m e n d m e n t in s e r t “ tw o h u n d r e d a n d s ix th o u s a n d f o u r h u n d r e d
a n d f if ty : ” a n d th e S e n a te a g r e e to th e sa m e .
T h a t th e H o u s e re c e d e fro m i ts d is a g re e m e n t to th e a m e n d ­
m e n t o f th e S e n a te n u m b e re d 55, a n d a g r e e to th e s a m e w ith
a n a m e n d m e n t a s f o llo w s : I n lie u o f t h e s u m i n s e r te d b y s a id
a m e n d m e n t i n s e r t “ tw e lv e m illio n n in e h u n d r e d a n d e ig h ty fiv e t h o u s a n d a n d t h i r t y - s i x ; ” a n d t h e S e n a te a g r e e to t h e
sam e.
T h e c o m m itte e o f c o n fe re n c e h a v e b e e n u n a b le
t h e a m e n d m e n t o f t h e S e n a te n u m b e r e d 58.

to

a g ree

on

F . E. W arren ,
J . P . D olliveb ,
H . D. M o n e t ,
Managers on the part o f the Senate.

C ha r les F . S cott,
J oh n L am b,
Gilbert N . I I a ug e n ,
Managers on the part of the House.
T h e r e p o r t w a s a g r e e d to .
M r. W A R R E N .
1 m o v e th e a d o p tio n o f th e re p o rt.
T h e r e p o r t w a s a g r e e d to .
M r. W A R R E N .
I n v ie w o f t h e d is a g r e e m e n t a n d th e a c c e p t­
a n c e o f th e r e p o rt I m o v e t h a t th e S e n a te f u r th e r in s is t u p o n its
a m e n d m e n t n u m b e re d 58, t h a t w e in v ite th e H o u s e to a f u r th e r
c o n fe re n c e , a n d ( h a t th e V ic e -P re s id e n t a p p o in t th e m a n a g e rs
o n th e p a r t o f th e S e n a te , u s in g t h e s a m e n a m e s t h a t w e r e o n
'h e c o n f e r e n c e b e fo re .
T h e m o tio n w a s a g r e e d t o ; a n d t h e V ic e - P r e s id e n t a p p o in te d
W arren , M r . D olliveb , a n d M r . M o ney c o n f e r e e s on th e
Part o f th e S e n a t e a t t h e f u r t h e r c o n f e r e n c e .
revision of t h e p e n a l l a w s .

't h e S e n a te r e s u m e d t h e c o n s id e r a tio n o f t h e r e p o r t o f t h e
o m m itte e o f c o n fe re n c e o n th e d is a g r e e in g v o te s o f th e tw o
• lo u s e s o n t h e b ill ( S . 2 9 8 2 ) t o c o d if y , r e v is e , a n d a m e n d t h e
P ° h a l la w s o f t h e U n ite d S ta te s , a n d r e n d to s e c tio n 327.
M r. C L A R K E o f A r k a n s a s .
T h e h o u r o f 12 o ’c l o c k h a v i n g
a r r iv e d , I m o v e t h a t t h e p e n d in g h ill b e t e m p o r a r i l y la i d a s id e
° r th e c o n s id e r a tio n o f m o rn in g b u s in e s s .
Mr. H E Y B U R N . I o b j e c t .
* r. C L A R K E o f A rk a n s a s .
”
I m a k e t h e m o tio n t h a t t h a t b e
done.
. . ^ le V I C E - P R E S I D E N T .
T h e S e n a to r fro m A r k a n s a s m o v es
<it t i i e c o n s i d e r a t i o n o f t h e p e n d i n g c o n f e r e n c e r e p o r t b e t e m ­
p o r a rily la id a s id t* f o r th e c o n s id e ra tio n o f m o rn in g b u s in e s s .

IIEYBURN.

Is the motion debatable?

• h e V IC E -P R E S ID E N T .
T h e S e n a to r fro m Id a h o .
‘ I r - IIE Y B U R N .
*
M r. P r e s id e n t; I s in c e r e ly h o p e th e m o tio n
t h e S e n a t o r f r o m A r k a n sa s w i l l n o t p r e v a i l . I o b j e c t t o l a y t h e b ill a s id e , t e m p o r a r i l y o r o th e r w is e , a n d I w ill l e t t h e
h td tio u b e p u t .
X L I I I --------2 2 6




3601

T h e V IC E -P R E S ID E N T . T h e q u e s tio n is o n a g r e e in g to th e
m o tio n o f t h e S e n a to r f r o m A r k a n s a s .
[ P u t t in g th e q u e s tio n .]
B y th e s o u n d , th e n o e s h a v e it.
M r. C L A R K E o f A rk a n s a s .
I a s k fo r th e y e a s a n d n a y s.
T h e y e a s a n d n a y s w e re o rd e re d a n d ta k e n .
M r. C L A Y .
I d e s ir e to a n n o u n c e t h a t m y c o lle a g u e [M r.
B a c o n ] is d e t a i n e d a t h o m e o n a c c o u n t o f s i c k n e s s .
T h e r e s u l t w a s a n n o u n c e d — y e a s 1 8 , n a y s 6 0 as follows
Y E A S — 18.

Bailey
Bankhead
Clarke, Ark.
Culberson
Daniel
Beveridge
Borah
Bourne
Brandegee
Briggs
Brown
Bulkeley
Burkett
Burnham
Burrows
Carter
Clapp
Clark, Wyo.
Clay
Crane
Aldrich
Ankeny
Bacon
Davis

Foster
Gore
Johnston
McLaurin
Martin

Milton
Money
Overman
Paynter
Iiayner
NAYS—60.
Cullom
Gallinger
Cummins
Gamble
Gary
Curtis
Guggenheim
Depew
Dick
Hansbrough
Ilemenway
Dillingham
Dixon
Heyburn
Hopkins
Dolliver
Kean
du I’ont
Kittredge
Elkins
Knox
Flint
Foraker
La Follette
Lodge
Frazier
Long
Frye
Fulton
McCumber
NOl VOTING—14.
Nixon
Hale
Owen
McCreary
McEnery
Platt
Smith, M
d.
Newlands

Simmons
Stone
Taliaferro
Nelson
Page
Penrose
Perkins
Piles
Richardson
Scott
Smith, Mich.
Stephenson
Sutherland
Taylor
Teller
Warner
Warren
Wetmore
Smoot
Tillman

S o th e S e n a te re fu s e d to la y a s id e th e c o n fe re n c e re p o rt.
M r. C U L B E R S O N .
M r. P r e s i d e n t, I r i s e to a p a r l i a m e n t a r y
in q u iry .
T h e V IC E -P R E S ID E N T . T h e S e n a to r fro m T e x a s w ill s ta te
h is p a r lia m e n ta r y in q u iry .
M r. C U L B E R S O N .
I t h a s b e e n s ta te d s e v e ra l tim e s re c e n tly
b y t h e S e n a t o r f r o m R h o d e I s l a n d [ M r . Aldrich] t h a t t h e
p r e s e n t m e a s u r e is b e f o r e t h e S e n a te b y u n a n im o u s c o n s e n t.
I c a ll th e a tte n tio n o f th e C h a ir to R u le V II, w h ic h p ro v id e s :

After the Journal is read the presiding officer shall lay before the
Senate messages from the President.
*
*
*
*
*
*
*
The presiding officer shall then call for, in the following order—
C e rta in m a tte r s t h a t a r e to b e p re s e n te d .
I n s u b d iv is io n 3 o f R u le V I I it is p ro v id e d :

3 Until the morning business shall have been concluded, and so
announced from the Chair, or until the hour of 1 o’clock has arrived,
no motion to proceed to the consideration of any bill, resolution, re­
port of a committee, or other subject upon the calendar shall be enter­
tained bv the presiding officer, unless by unanimous consent; and if
*uch consent be given the motion shall not be subject to amendment,
and shall be decided without debate upon the merits of the subject
proposed to be taken up.
I r e a d t h a t f o r th e b e n e f it o f t h e C h a ir , a n d th e n a s k w h a t is
th e p r e s e n t s t a tu s o f th e b u s in e s s o f th e S e n a te ?
T h e V IC E -P R E S ID E N T .
T h e p e n d in g c o n fe re n c e r e p o r t is
b e f o r e th e S e n a te u n d e r t h e f o llo w in g o r d e r o f t h e S e n a te m a d e
la s t e v e n in g :

The V ice -President. The Senator from Idaho asks unanimous
consent that the further consideration of the conference report on
what is known as the “ pcnal-eode bill ” shall now cease, and that the
consideration of it be resumed at 10 o’clock to-morrow morning. Is
there objection? The Chair hears none, and it is so ordered.
M r. C U L B E R S O N .
D o e s th e C h a ir c o n s tru e w h a t h e h a s
r e a d to be u n a n im o u s c o n s e n t?
T h e V IC E -P R E S ID E N T .
T h e C h a ir so c o n s tr u e s it.
M r. C L A R K E o f A r k a n s a s .
B e fo re w e p a ss b y th a t p a r tic u ­
l a r q u e s tio n I d e s i r e to r e c a ll t o th e S e n a to r a c o llo q u y t h a t
to o k p la c e b e tw e e n th e s e n io r S e n a to r fro m R h o d e I s l a n d [M r.
\ l d b ic h ] a n d m y s e l f , i n w h i c h t h e S e n a t o r f r o m R h o d e I s l a n d
s a i d : “ I c a n n o t* p e rm it th e s u g g e s tio n o f th e S e n a to r t h a t th is
b ill is b e f o r e t h e S e n a te b y u n a n im o u s c o n s e n t to p a s s u n c h a l­
le n g e d .
I t is h e r e b y a n a f fir m a tiv e v o te o f th e S e n a te a n d
can^ b e d is p la c e d a t a n y tim e if th e ru le s a n d r e g u la tio n s a n d
v o te s o f th e S e n a te s h a ll se e p ro p e r to d is p la c e it.”
I t w a s n o t t h e i n te n tio n , so a n n o u n c e d , to g iv e i t a n y p r i v i ­
le g e b e y o n d t h a t w h ic h w a s c o n f e r r e d u p o n i t b y t h e v o te . O f
c o u rs e ,* t h e f u r t h e r c o n s i d e r a ti o n o f i t w a s d is p e n s e d w i t h a t
th e p a r tic u la r h o u r w h e n th e e n tr y w a s m a d e w h ic h th e C h a ir
h a s j u s t r e a d ; b u t t h e r e w a s n o th in g s a id , a n d n o th in g m a n i­
f e s te d b y n o t b e in g s a id , w h ic h in d ic a te d t h a t t h e s t a n d in g r u l e s
o f t h e S e n a te w e r e to b e m o d ifie d , s u s p e n d e d , o r r e p e a le d in
f a v o r o f t h i s b ill. I t h a d a ll t h e r i g h t s o f a n y o t h e r b ill, a s a
b ill, to b e c o n s id e r e d a t t im e s t h a t h a d n o t b e e n d e f in ite ly s e t
a p a r t f o r th e c o n s id e ra tio n o f o th e r m a tte rs . W h e n th e S e n a to r
fro m Id a h o a s k e d u n a n im o u s c o n s e n t t h a t th e f u r t h e r c o n s id e r a ­
tio n o f i t m ig h t b e s u s p e n d e d , o f c o u rse , w e a ll u n d e rs to o d t h a t




3602

CONGRESSIONAL RECORD—SENATE.

t o b e t a k e n i n c o n n e c tio n w i t h a n d i n t e r p r e t e d b y w h a t h a d
t r a n s p i r e d w h e n t h e S e n a to r f r o m R h o d e I s l a n d h a d t h e flo o r.
I d o n o t b e lie v e i t w a s t h e i n t e n t i o n o f t h e S e n a te to g iv e t h i s
b i ll a p r i v il e g e t h a t w o u ld d i s p l a c e e v e r y o t h e r o r d e r t h a t th e
S e n a te p re s c rib e d b y i ts ru le s . I th in k th e S e n a to r fro m R h o d e
I s l a n d w o u ld a g r e e w i t h m e n o w , i f h e w e r e p r e s e n t . I k n o w h e
s t a t e d t h a t o p in io n d i s t in c t ly . T h a t i s h i s o p in io n n o w , a n d
h e m a d e t h e s t a t e m e n t t h i s m o r n in g t h a t t h e b i ll w a s b e f o r e t h e
S e n a te a s t h e r e s u l t o f a v o te , a n d n o t a s t h e r e s u l t o f u n a n i ­
m o u s c o n s e n t.
T h e V I C E - P R E S I D E N T . T h e C h a i r i s g o v e r n e d in h i s i n t e r ­
p r e t a t i o n n o t b y t h e u n d e r s t a n d i n g o f a n y S e n a to r , b u t b y h i s
o w n i n t e r p r e t a t i o n o f t h e o r d e r m a d e b y t h e S e n a t e its e l f .
RIVER AND HARBOR APPROPRIATION BILL.

M r. N E L S O N . M r. P r e s i d e n t , I a s k l e a v e to m a k e a c o n f e r ­
e n c e r e p o r t o n t h e r i v e r a n d h a r b o r b i l l ( H . R . 2 S 2 4 3 ), a n d a s k
f o r i t s i m m e d ia t e c o n s i d e r a ti o n .
T h e VICE-PRESIDENT. D o e s t h e S e n a t o r f r o m I d a h o y ie ld
to th e S e n a to r fro m M in n e s o ta ?
M r. H E Y B U R X . I y i e l d f o r t h a t p u r p o s e , b u t n o t f o r t h e
d isc u ssio n o f a n y re p o rt.
M r. N E L S O N . I d o n o t t h i n k i t w i l l l e a d t o a n y d e b a t e .
M r. C U L B E R S O N .
I d o n o t u n d e r s t a n d t h a t t h e S e n a to r
fro m I d a h o c a n lim it th e r ig h ts o f a c o n fere n ce re p o rt. H e sa y s
n o w t h a t h e y i e l d s “ f o r t h a t p u r p o s e , b u t n o t f o r d is c u s s i o n .”
I f t h e c o n f e r e n c e r e p o r t i s b e f o r e t h e S e n a te , i t i s h e r e f o r a l l
p u rp o se s, a s I u n d e rs ta n d .
M r. H E Y B U R N . M r. P r e s i d e n t ------T h e V I C E - P R E S I D E N T . D o e s t h e S e n a t o r f r o m T e x a s y ie ld
to th e S e n a to r fro m I d a h o ?
M r. C U L B E R S O N . I d o .
M r . H E Y B U R N . I f t h a t w e r e to b e h e ld , t h e n I w o iild b e
c o n s t r a i n e d n o t t o y i e l d f o r a n y r e p o r t ; a n d I h a v e y ie l d e d
a l r e a d y t h i s m o r n in g to tw o o r m o r e c o n f e r e n c e r e p o r t s , a b o u t
w h ic h t h e r e w a s n o c o n tr o v e r s y , a l w a y s w i t h t h e u n d e r s t a n d i n g ,
w h ic h a m o u n t s t o u n a n im o u s c o n s e n t i n t h e a b s e n c e o f o b je c ­
tio n . I f t h e r e i s a n y c o n tr o v e r s y a b o u t i t , t h e n I w i l l y i e l d n o
fu rth e r.
,
t
M r. N E L S O N . I t h i n k t h e r e w i l l b e n o c o n tr o v e r s y a b o u t t h e
r e p o r t I s u b m it.
M r. C U L B E R S O N . I a m n o t a d v is e d a s to w h e t h e r t h e r e is
a n y c o n tr o v e r s y o v e r t h i s r e p o r t o r n o t, b u t I p r o t e s t a g a i n s t
t h e S e n a t o r f r o m I d a h o l i m i t i n g t h e p u r p o s e f o r w h ic h h e y i e l d s
to th e p re s e n ta tio n o f th is re p o rt.
M r. H E Y B U R N . I t h i n k t h a t t h a t i s e n t i r e l y w i t h i n m y
r i g h t s . I a m n o t o b lig e d t o y ie ld a t a l l . I m a y y i e l d f o r t h e
p re s e n ta tio n o f a c o n fe re n c e re p o rt, re s e rv in g th e r ig h t to h a v e
i t l a i d o v e r , t h i s b e in g b u s i n e s s o f t h e s a m e c h a r a c t e r . W e a r e
c o n s i d e r i n g a n o t h e r c o n f e r e n c e r e p o r t , a n d I a m n o t o b lig e d to
y i e l d t h e flo o r o n t h e c o n s i d e r a t i o n o f t h i s r e p o r t .
M r. C U L B E R S O N . I in s is t t h a t if th e c o n fe re n c e r e p o rt
p r e s e n t e d by t h e S e n a t o r f r o m M in n e s o t a [ M r . N e l s o n ] is
presented i t i s p r e s e n t e d f o r a l l p u r p o s e s .
T h a t i s m y o n ly
o b je c t i n r is in g .
M r . H E Y B U R N . T h e n , I s h a l l o b j e c t t o t h e r e p o r t b e in g p re -

spntpfl.
T h e V I C E - P R E S I D E N T . O b je c tio n i s m a d e to t h e p r e s e n t a ­
tio n o f th e r e p o r t T h e S e c r e ta r y w ill re s u m e th e re a d in g .
M r. N E L S O N . I t h i n k t h e c o n f e r e n c e r e p o r t i s in o r d e r , M r.
P re s id e n t.
T h e VICE-PRESIDEN T. The p r e s e n t a t i o n o f the c o n f e r e n c e
r e p o r t i s in o r d e r , b u t i t s c o n s i d e r a t i o n m a y n o t be p r o c e e d e d
w i t h e x c e p t b y o r d e r o f t h e S e n a te .
M r. N E L S O N . T h e n , I s h a l l m o v e f o r i t s c o n s i d e r a ti o n .
T h e V iC E -P R E SID E N T . T h i s i s t h e f i r s t p r e s e n t a t i o n o f t h e
r e p o r t . T h e C h a i r i s o f o p in io n t h a t t h e p r e s e n t a t i o n i s in
o r d e r , b u t i t s c o n s i d e r a t i o n is a m a t t e r f o r t h e f u r t h e r d e t e r m i ­
n a t i o n o f t h e Senate.
M r. C U L B E R S O N . I a s k t h a t t h e r e p o r t b e r e a d , t h e n .
T h e V IC E -P R E S ID E N T . T h e S e c re ta ry w ill r e a d th e c o n ­
f e re n c e re p o rt.
T h e S e c re ta ry re a d th e re p o rt, a s f o llo w s :
T h e c o m m itte e o f c o n f e r e n c e o n t h e d i s a g r e e in g v o t e s o f t h e
tw o H o u s e s o n t h e a m e n d m e n t s o f t h e S e n a te t o t h e b i ll ( I I . R .
2 S 2 4 3 ) t o p r o v id e f o r t h e r e p a i r , m a i n t e n a n c e , a n d p r e s e r v a t i o n
o f p u b lic w o r k s o n r i v e r s a n d h a r b o r s , a n d f o r o t h e r p u r p o s e s ,
h a v i n g m e t, a f t e r f u l l a n d f r e e c o n f e r e n c e h a v e a g r e e d t o r e c o m ­
m e n d a n d d o r e c o m m e n d t o t h e i r r e s p e c t iv e H o u s e s a s f o l l o w s :
T h a t t h e S e n a t e r e c e d e f r o m i t s a m e n d m e n t s n u m b e r e d 1, 2,
3, 6, 7, 12, 13, 14, 15, 10, 1 9 , 21, 25, 2 0 , 45, 5 2 , 58, 69, 7 3 , 82,
83, a n d 84.
T h a t th e H o u s e re c e d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t s o f t h e S e n a te n u m b e r e d 8, 9, 1 8 , 2 0 , 23, 24, 29, 3 0 , 33, 30,

M a r c h

2,

3 7 , 38, 39, 41, 4 2 , 4 4 , 4 6 , 4 7 , 48, 51, 53, 5 4 , 57, 6 3 , 66 , 70, 71, 74,
7 5 , 76, 77, 78, a n d 7 9 ; a n d a g r e e t o t h e s a m e .
T h a t t h e H o u s e r e c e d e f r o m i t s d i s a g r e e m e n t to t h e a m e n d ­
m e n t o f t h e S e n a te n u m b e r e d 4, a n d a g r e e t o t h e s a m e w i t h a n
a m e n d m e n t a s f o l lo w s : I n lie u o f t h e l a n g u a g e p r o p o s e d i n s e r t
t h e f o l l o w i n g : “ H i n g h a m H a r b o r , M a s s a c h u s e t t s : T h e b a la n c e
r e m a in i n g f r o m a p p r o p r i a t i o n s h e r e t o f o r e m a d e f o r t h i s im ­
p ro v e m e n t m a y b e d iv e rte d a n d m a d e a v a ila b le fo r re d re d g iu g
a n d im p r o v in g t h e c h a n n e l ; ” a n d t h e S e n a te a g r e e t o t h e s a m e .
T h a t th e H o u s e re c e d e fro m i ts d is a g re e m e n t to th e a m e n d ­
m e n t o f t h e S e n a t e n u m b e r e d 5, a n d a g r e e to t h e s a m e w i t h a n
a m e n d m e n t a s f o l lo w s : A t t h e e n d o f t h e l a n g u a g e p r o p o s e d
to b e i n s e r t e d s t r i k e o u t t h e p e r io d a n d i n s e r t th o f o l lo w in g :
“ n o w o r h e re to fo re im p ro v e d b y th e U n ite d S t a t e s ; " a n d th e
S e n a te a g r e e to t h e s a m e .
T h a t th e n o u s e re ce d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f th e S e n a te n u m b e r e d 10, a n d a g r e e to t h e s a m e w i t h a n
a m e n d m e n t a s f o l l o w s : R e s t o r e t h e l a n g u a g e p r o p o s e d to b e
s t r i c k e n o u t a n d a t t h e e n d t h e r e o f s t r i k e o u t t h e p e r io d a n d
i n s e r t a c o lo n a n d t h e f o llo w in g w o r d s : “ Provided, T h a t s u c h
s u r v e y s h a l l in n o w a y d e la y o r i n t e r f e r e w i t h t h e p l a n s f o r
c o n s t r u c t i o n a l r e a d y u n d e r w a y ; ” a n d t h e S e n a te a g r e e t o t h e
sam e.
T h a t th e H o u s e re ce d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f t h e S e n a te n u m b e r e d 11, a u d a g r e e t o t h e s a m e w i t h a n
a m e n d m e n t a s f o l lo w s : I n lie u o f t h e la n g u a g e p r o p o s e d to b e
i n s e r te d , I n s e r t, a t t h e e n d o f s e c tio n 10, t h e f o l l o w i n g : “ T h e
S e c r e t a r y o f W a r i s a ls o a u t h o r i z e d , in h i s d i s c r e t i o n , t o p e r m i t
a n y c o r p o r a t i o n o r a s s o c i a t i o n o f p e r s o n s in K in g C o u n ty ,
W a s h ., a t t h e i r o w n e x p e n s e a n d w i t h o u t c o s t t o t h e U n i t e d
S t a t e s G o v e r n m e n t, t o w id e n , d e e p e n , a u d s t r a i g h t e n t h e D u w a m is h R i v e r in s a i d K in g C o u n t y : Provided, T h a t t h e w o r k so
d o n e s h a l l b e i n a c c o r d a n c e 5 - ith p l a n s a p p r o v e d b y t h e C h ie f o f
E n g in e e r s o f t h e W a r D e p a r t m e n t ; ” a n d t h e S e n a te a g r e e to t h e
sam e.
T h a t th e H o u s e re c e d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f t h e S e n a t e n u m b e r e d 2, a n d a g r e e t o t h e s a m e w i t h a n
! a m e n d m e n t a s f o l lo w s : R e s t o r e t h e n u m b e r o f t h e s e c tio n a s
! in t h e H o u s e b ill, a n d in lie u o f t h e l a n g u a g e o f t h e s e c tio n in
I t h e H o u s e b ill i n s e r t t h e f o l l o w i n g :
“ S e c . 12. T h a t p a r t o f t h e a c t e n t i t l e d ‘A n a c t m a k i n g a p p r o ; p r i a t i o n s f o r t h e c o n s t r u c t i o n , r e p a i r , a n d p r e s e r v a t i o n o f c e r! t a i n p u b lic w o r k s o n r i v e r s a n d h a r b o r s , a n d f o r o t h e r p u r ­
p o s e s ,’ a p p r o v e d J u n e t h i r t e e n t h , n i n e t e e n h u n d r e d a n d tw o ,
in s e c tio n o n e , r e l a t i n g t o t h e M ie liig a n - L a k e S u p e r i o r P o w e r
C o m p a u y , is h e re b y a m e n d e d b y a d d in g th e fo llo w in g :
“ T h e r i g h t to t h e flo w o f w a t e r , a n d r i p a r i a n , w a t e r p o w e r,
a n d o t h e r r i g h ts , n o w o r h e r e a f t e r o w n e d b y t h e U n i t e d S t a t e s
in t h e S t. M a r y s R i v e r , iu M ic h ig a u , s h a l l b e f o r e v e r c o n ­
s e r v e d f o r t h e b e n e f it o f t h e G o v e r n m e n t o f t h e U n i t e d States,
p r i m a r i l y f o r t h e p u r p o s e s o f n a v i g a t i o n a n d i n c i d e n ta ll y f o r
t h e p u r p o s e o f h a v i n g t h e w a t e r p o w e r d e v e lo p e d , e i t h e r f o r t b e
d i r e c t u s e o f t h e U n i t e d S t a t e s , o r b y le a s e o r o t h e r a g r e e m e n t,
through t h e S e c r e t a r y o f W a r , w h o i s h e r e b y a u t h o r i z e d to
j m a k e s u c h l e a s e s o r a g r e e m e n t s : Provided, T h a t a j u s t a n a
r e a s o n a b l e c o m p e n s a ti o n s h a l l b e p a id f o r t h e u s e o f a l l w a to
o r w a t e r p o w e r n o w o r h e r e a f t e r o w n e d i n s a i d S t. M a r y
R i v e r b y t h e U n i t e d S t a t e s , w h e t h e r u t i l i z e d in s a i d r i v e r o r
i a n y l a t e r a l c a n a l, s a i d c o m p e n s a ti o n to b e fix e d b y t h e S e c r e t, y
o f W a r : Provided further, T h a t u n d e r n o c i r c u m s t a n c e s su n
a n y r i g h t s b e g r a n t e d in s a i d r i v e r w h ic h w ill i n t e r f e r e w i t h t n n e e d s a n d u s e s o f n a v i g a t i o n o r w h ic h w ill l i m i t t h e absolute
c o n tr o l o f s a i d l a n d a n d w a t e r s w h e n d e s i r e d f o r p u r p o s e s 0
! n a v i g a t i o n b y t h e U n i t e d S t a te s , o r f o r a l o n g e r p e r io d t h a n
! t h i r t y y e a r s , a n d t h e S e c r e t a r y o f W a r , in h i s d i s c r e t i o n , m a y
p r o v i d e f o r r e a d j u s t m e n t o f c o m p e n s a ti o n a t p e r io d s o f te
y e a r s , n o r s h a l l a n y SHch r i g h t s b e g r a n t e d w i t h o u t j u s t a m
, a d e q u a t e c o m p e n s a tio n .
I t i s i n te n d e d t h a t a n y e x c e s s 0
j w a t e r in t h e S t. M a r y s R i v e r a t S a u l t S te . M a r i e o v e r a m
a b o v e t h e a m o u n t n o w o r h e r e a f t e r r e q u i r e d f o r t h e u se ?
; n a v i g a t i o n s h a l l b e le a s e d f o r p o w e r p u r p o s e s b y t h e Secretn y
j o f W a r u p o n s u c h t e r m s a n d c o n d it i o n s a s s h a l l b e b e s t c a i
j lu te d , in h i s j u d g m e n t , t o i n s u r e t h e d e v e lo p m e n t t h e r e o f .
1
1 S e c r e t a r y o f W a r m a y , a s o f t e n a s n e c e s s a r y , m a k e s u c h regu * '
i t i o n s a s in h i s j u d g m e n t a r e r e a s o n a b l e a u d j u s t a u d b e s t c
1 c il i a t e d t o c a r r y o u t t h e p u r p o s e s o f t h i s s e c tio u ."
A n d th e S e n a te a g re e to th e sa m e .
»
T h a t t h e H o u s e r e c e d e f r o m i t s d i s a g r e e m e n t to t h e a m e
m e n t o f t h e S e n a t e n u m b e r e d 17, a n d a g r e e to t h e s a m e w l t n ^
a m e n d m e n t a s f o l l o w s : I n l ie u o f t h e w o r d “ e i g h t ' I n s e r t
w o rd “ s e v e n ; ” a n d th e S e n a te a g re e to th e sa m e .
,
T h a t th e H o u s e re c e d e fro m Its d is a g re e m e n t to th e m m
j m e n t o f t h e S e n a t e n u m b e r e d 22, a n d a g r e e to t h e s a m e w< 1
I a m e n d m e n t a s f o l l o w s : I u lie u o f t h e l a n g u a g e p r o p o s e d a m .
1 t h e f o l l o w i n g : “Arkansas River, between L i t t l e R o c k a n d
* ’

if

1

1

<

4

.1

1909.

CONGRESSIONAL RECORD— SENATE

The following voted for ,T. II. D a v id s o n :
Senator Fridd and Mr. Crowell—2.
The following voted for Walter Owen :
Senator Loekney and Messrs. Kay and Keyes—3.
The following voted for Henry Loekney:
Senator Owen—1.
The following voted for E. A. M o r s e :
Senator Sanborn—1.
The following voted for S. A. Cook :
Messrs. Barnett, Kimball, Mortensen, and Neitzel—4.
The following voted for J. II. Stout:
Messrs. Daub and Horner—2.
The following voted for E. A. Edmunds:
Mr. Estabrook—1.
The following voted for L. H. Bancroft:
M Ilalght—1.
r.
The following voted for C E. Estabrook:
.
M Ingram—1.
r.
The following voted for C M Webb:
. .
M Keup—1.
r.
The following voted for I. L. Lenroot:
M Johnson—1.
r.
The following voted for F. E. McGovern:
M Itoethe—1.
r.
The following voted for M J. Cleary :
.
M Scott- 1.
r.
The following remarks were made as the roll was called:
Senator B a r k e r . M President, owing to the senatorial investigation,
r.
I to day cast my vote for John S, Donald, of Madison.
Senator B i s h o i *. Pending the investigation now before the Wisconsin
legislature, I c a s t m y v o t e for the Hon. H e n r y A l l e n C o o p e r .
Senator B l a i n e . Mr. President, awaiting the result of the investiga­
tion as proposed by the state senate, I to-day cast my vote for the Hon.
H en ry A llen Cooper.
S e n a to r L y o n s . O w in g to th e p ro m is e
Ste ph e n so n .
M B a l l a r d . In view of the fact o f the
r.

to

my

co n s t itu e n c y ,

I saac

3611

lensgard. Whitman. Whittet, Wittig, and the speaker—55.
Absent or not voting—Senators Hazelwood, James, and Mr. Mains_3
The senate retired and returned to the senate chamber.
ADJOURNM
ENT.

Upon motion of Senator Stout, the senate adjourned.
REVISION O THE PENAL LAW
F
S.
The Senate resumed the consideration o f the report o f the
com m ittee o f conference on the disagreeing votes o f the tw o
Houses on the bill (S. 2982) to codify, revise, and am end the
penal laws o f the United States.
Mr. O VERM AN . I believe the m atter can be settled ; that
time can be saved and the code can become a law, as it ought,
at this session, w ith certain amendments, and the differences
can be settled. Therefore, I move that the matter be recom ­
m itted to the com m ittee o f conference w ith instructions to report
back to-day.
The V IC E -P R E SID E N T . The motion is n ot in order. The
Secretary w ill resume the reading o f the amendment.
The Secretary resumed the reading o f the amendment.

PENSIONS AND INCREASE O PENSIONS.
F
Mr. M cCU M BER. I ask the Senator from U tah to yield to
me for the purpose o f presenting a conference report.
The V IC E -P R E SID E N T . The Senator from N orth D akota
presents a conference report, w hich w ill be read.
The Secretary proceeded to read the report.
Mr. C L A R K E o f Arkansas. Is the report being read by
unanimous consent?
The V IC E -P R E S ID E N T . The right to present does not de­
pend upon consent.
The Secretary resumed and concluded the reading o f the
report, w hich is as fo llo w s :

action.taken b y the members
of the assembly this morning in regard to the resolution for investiga­
tion, I vote at this time for Gustav KOstekmann .
M Comstock. Owing to the investigation at this time, I vote for
r.
the Hon. H e n r y A l l e n C o o p e r .
M D o r n e r . Pending the investigation, I vote for Hon. James H.
r.
Stout, of Menominee.
M G e o r g i . M President, having due regard for the primarv elec­
r.
r.
tion law, and not knowing of any candidate otherwise than the one
elected at the primary election, I feel bound, contrary to my own opin­
ion, to vote for I s a a c S t e p h e n s o n , but I do so under protest.
Mr. I I ambrecht. M President, owing to the fact that the people of
r.
the State o f Wisconsin have placed in nomination at their primary elec­
The com m ittee o f conference on the disagreeing votes o f the
tion a m an , I feel in duty bound to recognize that and vote f o r I sa a c
j tw o Houses on the amendment o f the H ouse to the bill (S . 8S99)
Ste ph e n so n .
M I n g r a m . M President, pending th e investigation. I desire a t th is granting pensions and increase o f pensions to soldiers and sail­
r.
r.
tim e to cast my vote for Gen. Charles E. Estabrook, of Milwaukee.
ors o f w ars other than the civil w ar and to certain w idow s and
M r. J ohnson . P e n d in g th e in v e s t ig a tio n o f th is m a tte r, I w is h to
ca s t m y v o te fo r th e H on . I r v in e I^onroot.
M K a m p e r . M President, pending the
r.
r.

I desire to vote for Henry Allen Cooper.

investigation at this time,

M Kubasta. In c o n fo r m it y w it h th e p r im a r y -e le c t io n la w and
r.
w is h e s o f m y constituency and those in Wisconsin, I vote f o r I sa a c
S teph en so n .

dependent relatives o f such soldiers and sailors, having met,
a fter fu ll and free conference have agreed to recom mend and
do recommend to their respective H ouses as fo llo w s :
That the Senate recede from its disagreem ent to the am end­
ment o f the H ouse and agree to the same.
P. J. McCumber,
N. B. Scott,
J ames P. Taliaferro,

M Lkdvina. M President, in conformity with the primary-election
r.
r.
I vote for I saac Stephenson .
M Lkcch. M President, I came down here yesterday morning
r.
r.
with a firm conviction of voting for I s a a c S t e p h e n s o n for United
Managers on the part of the Senate.
States Senator, but I had also pledged my constituents in my district
that if any specific charges were preferred against M S t e p h e x s o * .
r.
H. C. Louden slager,
I would not vote for hint until that investigation was disposed of. I
W m . H. D raper.
ani therefore bound to vote for J o h n J. Esch at this time.
M M a i n s . I sa a c S t e p h e n s o n , under protest.
r.
W il l ia m R ich a r d so n ,
M M o r t e n s o n . M President, yesterday I unqualifiedly east my
r.
r.
Managers on the part of the House.
vote for I s a a c S t e p h e n s o n . In the light of attendant circumstances
and the resolution pending before this assembly at the present time, I
request that my vote at this time be east for" Samuel A. Cook.
Mr M cCU M BER. I f the Senator from Utah wii.1 yield to
M R o e t h e , M President, I east my vote for the man that carried me fo r the purpose, I w ill ask that the report be adopted.
r.
r,
thy district in the primaries, lion. Francis E. McGovern, of Milwaukee.
The V IC E -P R E SID E N T . D oes the Senator from Utah yield
M F r a n k S m i t h . M r. President, owing to the fact that we have a
r.
Primary-election law in this State, and under that law I s a a c S t e p h e n i fo r the purpose o f having the Senate act upon the confeien ce
sox received the plurality of all votes cast for the office of United | report ?
States Senator, and that Dane County was one of those counties that
Mr CL VRKK o f Arkansas. There has been so much uneerhelped to roll up that plurulity, I feel it my duty in carrying out the
Wishes of my constituents to vote for lion. I sa a c S t e p h e n s o n .
i fa intv about the right o f conference reports that I think it is
M S im o n S m i t h . M President, having still in mind the vote of
r.
r.
toy district and having great respect for the primary-election law, I ; a good time to settle it by a vote o f the Senate. I do not dei sire that those reports shall he acted upon exclusively at the
v°te for I sa a c S t e p h e n s o n under protest.
option o f the distinguished Senators from Idaho and Ltali.
M W e h r w e i n . I s a a c S t e p h e n s o n , under protest.
r.
M r. W h i t m a n . I s a a c S t e p h e n s o n , n o p ro te s t.
I I f it is the w ill o f the Senate that that shall he the rule, a
, M Z i m m e r m a n . Mr. Speaker, permit me, to-day, ns I did yesterday, ! vote to that effect w ill silence future opposition, and we w ill
r.
vote for the Hon. Henry Allen Cooper.
law,

j understand w hat \vc are entitled to.
Mr. M cCU M BER. I am not claim ing that w e have any right
The president said :
,
. It appears from the records of the joint convention that no person to consider the report.
Mr C L A R K E o f Arkansas. I think you have.
I tlnnk
has received a majority of the votes cast for United States Senator.
an affirmative vote o f the Senate w ill give you the right to con­
Gentlemen, what is vour further pleasure?
. . .
Senator Randolph moved that the Joint convention be now.dissolved, sider the report. So fa r as I am concerned, I am not disposed
nyes and noos bcin# dotnundocl, it was decided in the affirtua
to deny the right, but I should like to have it understood that
tiv
ayes 75, noes 55. absent or not voting 3.
there exists some power to deal w ith the question outside o f the
T h e v o te w a s ns fo llo w s :
„
„
, j t> j i j
A y e s — s e n a t o r s Barker, B ish o p . B la in e . B ro w n e , IIo n a ld . I-n d d G ny
consent o f the tw o distinguished Senators named.
H u stin g , K le czk n , K ru m re y , L o ek n ey, L y o n s , M a r s h , M a rtin
Mr. LODGE. Mr. President-----M orris. O w e n , Pearson, R a n d o lp h . S a n b o rn , and M essrs.
B ar
The V IC E -P R E SID E N T . D oes the Senator from Utah yield
B ern er, Blchler, B ra d fo rd . B rew . B rock h au sen . B u sack er. C h in
* 2 c,b C o m sto ck , C o o lld g e. C ro w e ll, C u rtis s , Doub, p o m a c h o w s k l. Dor
to the Senator from M assachusetts?
?**;. E sta b ro o k , F a r r e ll. F e n elo n , G eorgi, G rosse, llnight, Hoyt, H u Bhe8
Mr. SU TH E R LA N D . I yield.
In g ra m , J o h n so n , K n ln h e r. K a m p e r, K a y , K e m p f. B e up. B e y e *
M uibaii, K lm llln , Kneen, Lentz, Leucli. M cC o n n e ll, M o rte n s e n , . e i t z e
Mr. LO DG E. I merely w ish to say that under the rules o f
L
'n*tnd. Itoeth e. R o llm a n n . S c h m id t. S c h w a lb a ch . Scott j j .1™0 "
the Senate the presentation o f a conference report is in order
;wart, Towers, Towne, Vlebahn, Weber, Wehrwein, Wells, and / a
at any time, and when it is presented there is only one ques­
‘h e rtn n n — 75 ,
tion that can be raised, and that is the question o f considera­
un?;’008 -S en ators Bird, Bodcnstab. Brnzeau, Burke. Fairchild, Hud
w8 *!* Lehr, Page. Stout, Thomas, Whitehead, Wright,
Messrs. At
tion, w hich must be decided w ithout debate.
w°od, Bray, Buslctt, Benjamin A. Cady, VIrgU Cady, Chappie, Cleary,
M r. B allard . Sir, P re s id e n t, I w is h t o c h a n g e m y v o te , u n d e r p ro test, fo r I s a a c S t e p h e n s o n .







3612

CONGRESSIONAL RECORD— SENATE.

M r. S U T H E R L A N D . A s I u n d e r s t a n d t l i e s i t u a t i o n , t h e
S e n a te is n o w c o n s id e rin g a c o n fe re n c e re p o rt.
T h e V IC E -P R E S ID E N T . T h a t is c o rre c t.
M r. S U T H E R L A N D . I t w o u ld n o t b e in o r d e r , i t a p p e a r s to
m e , to c o n s i d e r a n o t h e r c o n f e r e n c e r e p o r t w i t h o u t d i s p l a c i n g
th is one.
M r . L O D G E . I s u g g e s t t h a t i t i s j u s t a s m u c h i n o r d e r to
m a k e a m o tio n t o p r o c e e d t o t h e c o n s i d e r a ti o n o f a c o n f e r e n c e
r e p o r t w h e n a n o t h e r r e p o r t i s u n d e r c o n s i d e r a t i o n a s i t i s to
m o v e t o t a k e u p a b i l l a g a i n s t t h e b i ll w h i c h i s t h e f i r s t o r d e r o f
b u s i n e s s a t 2 o 'c lo c k — t h e u n f in is h e d b u s i n e s s .
T h e V I C E - P R E S I D E N T . T h a t i s c o r r e c t.
M r. L O D G E . N o t t h a t I d e s ire to s e t th e c o n fe re n c e re p o rt
a s id e , b u t t h e r e p o r t o f t h e S e n a t o r f r o m N o r t h D a k o t a c a n b e
d is p o s e d o f in a m o m e n t.
M r. A L D R I C H . M r . P r e s i d e n t , i t i s p e r f e c t l y c o m p e t e n t f o r
th e S e n a to r fro m U ta h o r th e S e n a to r fro m Id a h o , a f te r th is
r e p o r t i s d i s p o s e d o f, t o m o v e t o p r o c e e d t o t h e c o n s i d e r a ti o n
o f t h e o t h e r r e p o r t . I t i s a l w a y s w i t h i n t h e c o n tr o l o f a m a ­
j o r i t y o f t h e S e n a te , a n d i t o u g h t t o h e .
i l r . S U T H E R L A N D . I a s k u n a n im o u s c o n s e n t t h a t t h e c o n ­
fe re n c e r e p o rt n o w u n d e r c o n s id e ra tio n h e la id a s id e , to b e r e ­
s u m e d a f t e r t h e d i s p o s i t io n o f t h e c o n f e r e n c e r e p o r t in c h a r g e
o f th e S e n a to r fro m N o r th D a k o ta .
T h e V IC E -P R E S ID E N T . T h e
S e n a to r fro m
U ta h a sk s
u n a n i m o u s c o n s e n t t h a t t h e c o n s i d e r a t i o n o f t h e p e n d in g c o n ­
f e r e n c e r e p o r t b e t e m p o r a r i l y s u s p e n d e d ; t h a t t h e S e n a te m a y
a c t u p o n th e c o n fe re n c e r e p o r t s u b m itte d b y th e S e n a to r fro m
N o r t h D a k o t a ; a n d t h a t t h e c o n s i d e r a t i o n o f t h e p e n d in g c o n ­
f e r e n c e r e p o r t b e r e s u m e d a t t h e c o n c lu s io n o f t h e c o n s i d e r ­
a tio n o f th e o th e r re p o rt.
M r. C L A R K E o f A r k a n s a s . I o b j e c t t o t h a t , a l t h o u g h I a m
e n t i r e l y f a v o r a b l e t o a v o te i n a c c o r d a n c e w i t h t h e m o tio n
m a d e b y th e S e n a to r fro m N o rth D a k o ta . I d o n o t d e s ir e to
i n te r p o s e a n y o b j e c t io n t o t h e c o n s i d e r a t i o n o f t h e m a t t e r c o n ­
t a i n e d in h i s r e p o r t , b u t a s I s a i d a m o m e n t a g o , a n d n o w r e ­
p e a t , I a m n o t w i l li n g t h a t t h e m a t t e r o f t h e c o n s i d e r a t i o n o f
c o n fe re n c e r e p o rts s h a ll re s id e w ith th e d is tin g u is h e d S e n a to rs
fro m I d a h o a n d U ta h .
I t h i n k t h a t i s a m a t t e r e x c l u s i v e l y u n d e r t h e c o n tr o l o f t h e
S e n a te . W h e n e v e r i t i s d e s i r a b l e t o e x e r c is e i t , I t h i n k t h e
S e n a te h a s t h e p o w e r a n d c a n g iv e o r w i t h h o l d i t . I f i t b e
lo d g e d w i t h t h e S e n a t o r s f r o m I d a h o a n d U t a h in t h e m a t t e r
o f u n a n i m o u s c o n s e n t, t h e y m a y a r b i t r a r i l y w i t h h o l d i t o r
a r b i t r a r i l y g r a n t i t . I d o n o t b e lie v e in t h e p r e s e n t c o n d itio n
o f b u s i n e s s in t h e S e n a t e i t i s w is e to a ll o w a n y s u c h p o w e r
t o r e s i d e w i t h a n y i n d i v i d u a l S e n a to r , n o m a t t e r h o w f a i r m in d e d h e m a y b e , a n d n o m a t t e r h o w t r u s t w o r t h y h e m a y be.
I a m e n tir e ly w illin g t h a t th e S e n a to r fro m N o rth D a k o ta
s h o u l d m o v e t o t a k e u p t h e c o n f e r e n c e r e p o r t , a n d i n o r d e r to
d o s o t h e p e n d in g b ill s h o u l d b e l a i d a s i d e ; a n d I s h a l l v o te
w i t h h im in s u p p o r t o f s u c h a m o tio n . T h e n i f t h e S e n a te
d e s i r e s t o r e s u m e t h e c o n s i d e r a t i o n o f t h e r e p o r t in c h a r g e o f
th e S e n a to r fro m Id a h o , a s th e S e n a to r fro m R h o d e I s la n d
h a s s u g g e s te d , i t m a y d o so , i t b e in g a m a t t e r e n t i r e l y w i t h i n
t h e c o n tr o l o f a m a j o r i t y o f t h e S e n a t e a t a l l tim e s .
M r. M c C U M B E R . I s h o u l d n o t m a k e a m o tio n t o a c t u p o n
th e c o n fe re n c e r e p o rt a g a in s t th e w is h o f th e S e n a to r h a v in g
i n c h a r g e t h e b i ll u n d e r c o n s i d e r a ti o n . I m o v e d i t a t t h i s
t i m e b e c a u s e i t i s a lo n g b ill a n d i t w i l l t a k e s o m e t i m e to
e n g r o s s a n d e n r o ll it, a n d t o f a c i l i t a t e t h e b u s i n e s s I t h o u g h t
w e m ig h t a s w e l l d is p o s e o f i t a t t h i s tim e . W i t h t h e c o n s e n t
o f b o th S e n a to r s , I m o r e t h e a d o p t i o n o f t h e r e p o r t o f t h e
c o m m itte e o f c o n f e r e n c e .
T h e V IC E -P R E S ID E N T . T h e S e n a to r fro m N o rth D a k o ta
m o v e s t h e a d o p ti o n o f t h e r e p o r t o f t h e c o m m i tt e e o f c o n f e r ­
ence.
M r. C L A R K E o f A r k a n s a s . T h e r e p o r t c a n n o t b e a d o p te d ,
I t a k e i t, u n t i l t h e o t h e r r e p o r t h a s b e e n t e m p o r a r i l y l a i d
a s id e .
T h e V I C E - P R E S I D E N T . I s t h e r e o b j e c t io n ?
M r. C L A R K E o f A r k a n s a s . I o b je c t.
T h e V I C E - P R E S I D E N T . I t w o u l d h a v e t h e e f fe c t o f d i s ­
p la c i n g t h e p e n d in g c o n f e r e n c e r e p o r t . I s t h e r e o b je c tio n to
t h e r e q u e s t to t e m p o r a r i l y l a y a s i d e t h e p e n d in g c o n f e r e n c e
r e p o r t f o r t h e c o n s i d e r a ti o n o f t h e c o n f e r e n c e r e p o r t s u b m i tt e d
by th e S e n a to r fro m N o rth D a k o ta ?
M r. C L A R K E o f A r k a n s a s . I o b je c t. I w a n t i t d is p o s e d
o f b y a v o te o f t h e S e n a te .
T h e \ IC E -P R E S ID E N T .
T h e S e n a to r fro m N o rth D a k o ta
m o v e s t h a t t h e S e n a te p r o c e e d t o t h e c o n s i d e r a t i o n o f t h e c o n ­
f e r e n c e r e p o r t s u b m i t t e d b y h im .
M r. C L A R K E o f A r k a n s a s .
O n t h a t I c a ll f o r th e yeas,
t h e r e i s n o t a q u o r u m o f t h e S e n a te p r e s e n t a t t h i s tim e .

Maech

2,

T h e V IC E -P R E S ID E N T . T h e S e n a to r fro m A rk a n s a s d e ­
m a n d s th e y e a s a n d n a y s. I s th e r e a seco n d ?
M r. B E V E R ID G E . H a s th e r e b e e n a sec o n d ?
M r. C L A R K E o f A r k a n s a s .
I su g g e st th e ab se n ce o f a
q u o r u m , M r. P r e s i d e n t , a n d t h e n w e w i l l a s k f o r t h e y e a s a n d
n ay s.
T h e V IC E -P R E S ID E N T . T h e a b se n ce o f a q u o ru m is su g ­
g e s t e d . T h e S e c r e t a r y w i l l c a l l t h e r o ll.
T h e S e c r e t a r y c a l l e d t h e r o ll, a n d t h e f o llo w in g S e n a t o r s a n sw e re d to t h e ir n a m e s :

Aldrich
Beveridge
Borah
Bourne
Brandegee
Briggs
Brown
Bulkeley
Burkett
Burrows
Carter
Clapp
Clarke, Ark.
Clay
Crane
Cullom
Cummins

Daniel
Depew
Dick
Dillingham
Dixon
Dolliver
du Pont
Flint
Foraker
Frazier
Fulton
Gam
ble
Gary
Guggenheim
Hale
Hemenway
Beyburn

Hopkins
Johnston
Kean
Kittredge
Knox
La Follette
Lodge
Long
M
cCreary
M
cCum
ber
McLaurin
Martin
M
oney
Newlands
Overman
Q
yven
Page

Paynter
Penrose
Perkins
Piles
Rayner
Smoot
Stephenson
Sutherland
Taliaferro
Teller
Tillman
Warner
W
arren
W
etmore

T h e V I C E - P R E S I D E N T . S ix ty - f iv e S e n a t o r s h a v e r e s p o n d e d
t o t h e i r n a m e s . A q u o r u m o f t h e S e n a te i s p r e s e n t . T h e S e n ­
a to r fro m A rk a n s a s d e m a n d s th e y e a s a n d n a y s upo n th e
q u e s t io n o f a g r e e i n g t o t h e m o tio n m a d e b y t h e S e n a t o r f r o m
N o r t h D a k o t a . I s t h e r e a s e c o n d ? I n t h e o p in io n o f t h e
C h a ir , t h e r e i s n o t. T h e q u e s t io n i s o n a g r e e i n g t o t h e m o tio n
o f th e S e n a to r fro m N o r th D a k o ta .
M r. C L A R K E o f A rk a n s a s . I a s k th e C h a ir to p u t th a t
r e q u e s t a g a in .
T h e V IC E -P R E S ID E N T . I s th e r e a seco n d to th e d e m a n d
f o r th e y e a s a n d n a y s ?
T h e y e a s a n d n a y s w e re o rd e re d .
M r. B O R A H . W h a t i s t h e m o tio n . M r. P r e s i d e n t ?
T h e V I C E - P R E S I D E N T . T h e S e n a to r f r o m N o r t h D a k o t a
m o v e s t h a t t h e S e n a te p r o c e e d t o t h e c o n s i d e r a t i o n o f t h e c o n \ f e r e u c e r e p o r t p r e s e n t e d b y h im . T h e S e c r e t a r v w ill c a l l t h e

Toll.
T h e S e c r e t a r y p r o c e e d e d to c a ll t h e r o ll.
M r. C L A P P ( w h e n h i s n a m e w a s c a l l e d ) . I n t h e a b s e n c e
o f the S e n a t o r f r o m N o r t h C a r o li n a [ M r . S i m m o n s ] , w i t h
w h o m I h a v e a g e n e r a l p a ir , I w i l l w i t h h o l d m y v o te . I f h e
w e r e h e r e , I s h o u ld v o t e “ y e a . ”
T h e r o l l c a l l w a s c o n c lu d e d .
M r. F U L T O N . I w i s h to m a k e a n a n n o u n c e m e n t in r e g a r d
t o m y g e n e r a l p a i r w i t h t h e j u n i o r S e n a t o r f r o m A r k a n s a s [ M r.
D a v i s ] , w h i c h I h a v e t r a n s f e r r e d t o t h e s e n io r S e n a t o r f r o m
W a s h in g to n [M r. A n k e n y ]. I t is u n d e r s to o d . I th in k , t h a t
t h a t m a y s t a n d f o r t h e r e m a i n d e r o f t h i s s e s s io n . I w ill n o t
a g a i n m a k e t h e a n n o u n c e m e n t . I v o te “ y e a . ”
M r. S IM M O N S .
H a s t h e j u n i o r S e n a t o r f r o m M innesota
[ M r . C l a p p ] v o te d ?
T h e V I C E - P R E S I D E N T . T h e j u n i o r S e n a t o r f r o m M innesota
h a s n o t v o te d .
T h e r e s u l t w a s a n n o u n c e d — y e a s 53, n a y s 7 , a s f o l lo w s :

YEAS—53.
Hansbrotigh
Hopkins
Kean
Kittredge
La Follette
Long
M
cCreary
M
cCumber
McLaurin
Martin
M
oney
Nixon
Page
Penrose
NAYS—7.
Clay
Johnston
Rayner
1ieyburn
Teller
Paynter
NOT VOTING—32.
Ankeny
Curtis
Hale
Bacon
Davis
Hemenway
Bailey
Dixon
Knox
Bankhead
Elkins
Lodge
McEnery
Beveridge
Foster
Burnham
Frazier
M
ilton
Nelson
Clapp
Frye
Newlands
Culberson
Gore
So the motion was agreed to, and the S e n a te

Aldrich
Borah
Bourne
Brandegee
Briggs
Brown
Bulkeley
Burkett
Burrows
Carter
Clark, W
yo.
Clarke, Ark.
Crane
Cullom

Cummins
Daniel
Depew
Dick
Dillingham
Dolllver
du Pont
Flint
Foraker
Fulton
Gallinger
Gamble
Gary
Guggenheim

Perkins
Piles
Richardson
Scott
Stephenson
Sutherland
Taliaferro
Taylor
Tillman
W
arner
W
etmore

W
arren
Overman
Owen
PlaTT
Simmons
Smith, M
d.
Smith. M
ich.
Smoot
Stone
p ro c e e d e d to t h e

c o n s id e ra tio n o f th e c o n fe re n c e re p o rt.
T h e V I C E - P R E S I D E N T . T h e q u e s t io n i s o n a g r e e in g t o t h e
c o n fe re n c e re p o rt.
T h e r e p o r t w a s a g r e e d to .

1909.

CONGRESSIONAL RECORD— SENATE.

T h e V I C E - P R E S I D E N T . A n d t h a t th e m o tio n o f t h e S e n a to r
fr o m R h o d e I s la n d h e v o te d o n w ith o u t f u r t h e r d e b a te .
M r. B A IL E Y .
O f c o u rse , th e S e n a to r fro m R h o d e I s la n d
m a k e s t h a t r e q u e s t in t h e f a c e o f t h e s ta te m e n t. I h a v e m a d e
w i t h r e f e r e n c e t o t h e S e n a t o r f r o m M a r y l a n d [M r. R a y n e r ].
I t s e e m s t o m e t h a t h e w a n t s t o f o r c e a n o b j e c t i o n ------M r. A L D R IC H .
O h, no.
M r. B A IL E Y .
F r o m m e o r s o m e o t h e r S e n a to r o n t h i s s id e .
M r. A L D R IC H .
N o.
I e x p e c te d to g e t a n o b je c tio n f r o m
th e S e n a to r fro m A rk a n s a s .
M r. B A IL E Y .
T h a t is th e re a s o n th e S e n a to r p r e fe r r e d th e
re q u e s t?
M r. A L D R I C H .
N o ; I b e g t h e S e n a t o r 's p a r d o n .
I in te n d e d
to fo llo w i t u [f w ith th e s t a te m e n t t h a t I w o u ld m o v e to t a k e
u p th e r e s o lu tio n a t a n y tim e t h a t w o u ld s u i t th e c o n v e n ie n c e o f
th e S e n a to r fro m T e x a s , n o t to in te r f e r e w ith a n y c o n fe re n c e
r e p o r t o r a n y a p p r o p r i a ti o n b ill.
M r. B A IL E Y .
T h e n w e c a n re a c h a n a g re e m e n t. A p a r lia ­
m e n ta r y in q u ir y , M r. P r e s id e n t.
M r. A L D R IC H .
I h a v e n o d e s i r e t o o b je c t, o t h e r t h a n is
n e c e s s a r y fro m a p r o p e r r e g a r d f o r th e p u b lic s e rv ic e .
1 am
q u ite w illin g to h a v e t h e r e s o lu tio n d is p o s e d o f n o w o r a t a n y
o th e r tim e .
T h e V IC E -P R E S ID E N T .
T h e S e n a to r fro m T e x a s w ill s ta te
h is p a r li a m e n ta r y in q u ir y .
M r. B A IL E Y .
I r e s p e c t e d t h e l i m i t a t i o n s u p o n t h e t im e so
m u c h y e s te r d a y t h a t I o c c u p ie d le s s th a n th r e e m in u te s on th e
m a tte r.
M r. A L D R IC H . I u n d e r s ta n d t h a t.
M r. B A IL E Y .
W e c a n re a c h a n u n d e rs ta n d in g th is w a y : I
a m g o in g to t a k e th e j u d g m e n t o f th e C h a ir o n a p a r li a m e n ta r y
q u e s tio n firs t. I f i t is p e r m is s ib le f o r th e C h a ir to a n s w e r th e
in q u ir y , I s h o u ld lik e to k n o w i f i t w ill b e in o r d e r to - m o r r o w
a t 1 o ’c lo c k f o r a n y S e n a t o r t o m o v e t h a t t h e S e n a t e p r o c e e d
to th e c o n s id e ra tio n o f th e re s o lu tio n .
T h e V I C E - P R E S I D E N T . T h e C h a ir is o f th e o p in io n t h a t it
w o u ld be.
M r. B A IL E Y . T h e n , I w ill a c c e p t th e a s s u r a n c e o f th e S en a to r fro m R h o d e I s la n d t h a t h e w ill m a k e t h a t m o tio n ; a n d o f
c o u rs e if h e d o e s n o t, I c a n .
M r. A L D R IC H .
I n o w a s k u n a n im o u s c o n s e n t t h a t th e re s o ­
l u t i o n m a y b e t a k e n u p a t 1 o ’c lo c k t o - m o r r o w , t h e d i s c u s s i o n
to c o n tin u e f o r t h i r t y m in u te s .
M r. H E Y B U R N .
I o b je c t.
T h e V IC E -P R E S ID E N T .
T h e C h a ir w ill p u t th e re q u e s t.
T h e S e n a to r fro m R h o d e I s la n d a s k s u n a n im o u s c o n s e n t t h a t
t h e r e s o l u t i o n b e t a k e n u p f o r c o n s i d e r a t i o n a t 1 o ’c l o c k t o ­
m o rro w . a n d t h a t th e d is c u s s io n p ro c e e d fo r t h i r t y m in u te s .
Is
th e r e o b je c tio n ?
M r. H E Y B U R N .
I o b je c t.
T h e V IC E -P R E S ID E N T .
O b je c tio n is m a d e .
T h e S e n a to r
f ro m Id a h o o b je c ts .
M r. A L D R IC H .
I g iv e n o tic e t h a t a t s o m e c o n v e n ie n t tim e
to -m o rro w I s h a ll m o v e t h a t th e S e n a te p ro c e e d to th e c o n ­
s id e ra tio n o f th e r e s o lu tio n .
M r. B A IL E Y .
I n o r d e r t h a t e v e ry S e n a to r m a y k n o w exa c t l y t h e t i m e an d b e h e r e t o v o t e , I s u g g e s t t h a t t h e S e n a t o r
f r o m R h o d e I s l a n d s a y h e w i l l m a k e i t a t 1 o 'c l o c k , o r a s n e a r
th a t tim e a s p ra c tic a b le .
M r. A L D R IC H .
I w i l l m a k e i t a t 1 o ’c lo c k , o r a s n e a r t h a t
h o u r a s p o s s ib le .
M r. L O D G E .
I d e s ir e to m a k e a n in q u iry .
D o e s th e q u e s­
t io n c o m e o n t h e m o t i o n t o r e f e r ?
Mr. A L D R I C H . Y e s .
M r. B E V E R I D G E .
C e rta in ly .
T h e V IC E -P R E S ID E N T .
T h a t is t h e p e n d in g q u e s tio n .
Mr. H E Y B U R N . I d o n o t w a n t t h e Record t o s h o w t h a t i t
(0 t» e s u p o n th e m o tio n to r e f e r , b e c a u s e t h e r e s o lu tio n is n o t
fin d e r c o n s id e r a tio n .
I t is b e in g d is c u s s e d In c o n n e c tio n w ith
;"<* p e n a l - c o d e b i l l , a n d t o h a v e t h e R ecord s h o w t h a t w e h a d
a n o th e r m a t t e r u n d e r c o n s id e r a tio n a t I b is tim e w o u ld n o t b e
appropriate.
M r. B E V E R I D G E .
M a y I s ta te to th e S e n a to r fro m Id a h o
U l»U i s n o t t h e m o t i o n t h e S e n a t o r f r o m R h o d e I s l a n d g a v e
_ ° t lc e h e w o u l d m a k e t o - m o r r o w ? H i s m o t i o n m e r e l y i s t o p r o ‘ D 'd t o t h e c o n s i d e r a t i o n o f t h e r e s o l u t i o n . T h e n i f w e r e a c h a
J J te a n d t h e r e s o lu tio n is ta k e n u p t h e q u e s tio n w ill c o m e u p o n
fii m o t i o n o f t h e S e n a t o r f r o m R h o d e I s l a n d t o r e f e r .
M r. H E Y B U R N .
I d o n o t d e s ir e t h a t to - m o r r o w a n y c la im
S l:»H b e m a d e t h a t t h e r e w a s g i v e n c o n s e n t , u n a n i m o u s o r
'''h e r w i s e , t h a t t o - m o r r o w a t a n y t i m e w e w i l l p r o c e e d t o t h e
" ‘" ^ d e r a t i o n o f t h e resolution o f t h e S e n a t o r f r o m T e x a s .
I
n o t c u r e t o - m o r r o w t o h a v e r e p e a t e d t h e c o n t r o v e r s y o f to " f r n s to w h a t c o n s t it u t e s u n a n im o u s c o u s e u t.
1 g iv e n o tic e
th a t 1 s h a ll r e s is t it w h e n




it c o m e s u p .

3619

REPORT OF BUREAU OF ANIM AL INDUSTRY.

T h e V I C E - P R E S I D E N T la i d b e f o re th e S e n a te th e f o llo w in g
m e s s a g e fro m th e P r e s id e n t o f th e U n ite d S ta te s , w h ic h w a s
r e a d a n d , w ith th e a c c o m p a n y in g p a p e rs , r e f e r r e d to th e C o m ­
m itte e o u A g r ic u ltu r e a n d F o r e s t r y a n d o r d e r e d to b e p r i n t e d :
To

th e

S en a te an d

H ou se

o f R e p r e se n ta tiv e s:

I tr a n s m it h e re w ith a le tte r fro m th e S e c re ta ry o f A g ric u l­
tu re , s u b m ittin g a r e p o rt o f th e o p e ra tio n s o f th e B u r e a u o f
A n im a l I n d u s tr y o f th e U n ite d S ta te s D e p a r tm e n t o f A g ric u l­
t u r e f o r t h e fis c a l y e a r e n d e d J u n e 30, 1908, p r e p a r e d in c o m ­
p l i a n c e w i t h t h e r e q u i r e m e n t s o f s e c t i o n 11 o f t h e a c t a p ­
p ro v e d M a y 29, 1884.

T heodore Roosevelt.
T he White House,

M arch

2

,

1909.

MESSAGE FROM THE HOUSE.

A m e s s a g e f r o m t h e H o u s e o f R e p r e s e n t a t i v e s , b y M r . W . J.
B ro w n in g , i t s C h ie f C le rk , a n n o u n c e d t h a t t h e H o u s e h a d a g r e e d
to th e r e p o r t o f th e c o m m itte e o f c o n fe re n c e o n th e d is a g r e e in g
v o te s o f t h e tw o H o u s e s o n th e a m e n d m e n ts o f th e S e n a te to
I t h e b ill ( I I . R . 2 8 2 4 3 ) to p r o v id e f o r t h e r e p a i r , m a in te n a n c e ,
■a n d p r e s e r v a tio n o f p u b lic w o r k s o n r i v e r s a n d h a r b o r s , a n d f o r
o th e r p u rp o se s.
T li e m e s s a g e a l s o a n n o u n c e d t h a t t h e H o u s e h a d a g r e e d t o
th e r e p o r t o f t h e c o m m itte e o f c o n fe re n c e o n th e d is a g r e e in g
v o te s o f th e tw o H o u s e s o n th e a m e n d m e n ts o f th e S e n a te to
th e b ill ( I I . R . 2 7 0 5 3 ) m a k in g a p p r o p r i a ti o n s f o r t h e D e p a r t m e n t
o f A g r ic u ltu r e f o r t h e fis c a l y e a r e n d in g J u n e 30 , 1 9 1 0 ; f u r t h e r
in s is ts u p o n its d is a g re e m e n t to th e a m e n d m e n t o f th e S e n a te
i N o. 5 8 ; a g r e e s to th e f u r t h e r c o n fe re n c e a s k e d f o r b y th e S e n ­
j a te o n th e d is a g re e in g v o te s o f th e tw o H o u s e s th e r e o n ; a n d h a d
a p p o i n t e d M r . S cott, M r . H augen, a n d M r . Lamb m a n a g e r s a t
I th e c o n fe re n c e on th e p a r t o f th e H o u se .
;
T h e m e s sa g e f u r th e r a n n o u n c e d th a t th e H o u s e h a d d is a g re e d
t o t h e a m e n d m e n t s o f t h e S e n a t e t o t h e b i l l (T I. R . 2 8 2 4 6 ) m a k ­
j in g a p p r o p r i a ti o n s f o r s u n d r y c iv il e x p e n s e s o f t h e G o v e r n m e n t
f o r t h e fis c a l y e a r e n d in g J u n e 3 0 ,1 9 1 0 , a n d f o r o t h e r p u r p o s e s ;
j a s k s a c o n fe re n c e w ith th e S e n a te o n t h e d is a g r e e in g v o te s o f
t h e t w o H o u s e s t h e r e o n ; a n d h a d a p p o i n t e d M r . Tawnf.y, M r .
S mith o f I o w a , a n d M r . . F itzgerald m a n a g e r s a t t h e c o n f e r e n c e
ou th e p a r t o f th e H o u se.

REVISIO O THE PENAL LAW
N F
S.
T h e S e n a te re s u m e d th e c o n s id e ra tio n o f th e r e p o r t o f
c o m m itte e o f c o n fe re n c e o n t h e d is a g r e e in g v o te s o f th e
H o u s e s o n th e b ill ( S . 2 9 8 2 ) to c o d ify , re v is e , a n d a m e n d
p e n a l la w s o f th e U n ite d S ta te s .
T h e V IC E -P R E S ID E N T . T h e S e c re ta ry w ill re s u m e

th e
tw o
tlie
th e

r e a d in g o f th e H o u se s u b s titu te .
M r. C L A R K E o f A r k a n s a s .
M r. P re s id e n t, a s I s la te d on
f o r m e r o c c a sio n s, th e s e e tio n iz in g o f th e b ill b e in g r e a d b y th e
S e c r e ta r y is n o t c o in c id e n t w ith t h e p r in te d c o p y .
I th e re fo re
s u g g e s t t h e a b s e n c e o f a q u o r u m , a s I d e s i r e to lia v e a ll S e n ­
a t o r s a ffo r d e d a n o p p o r tu n ity to b e a r w h a t is b e in g le a d .
T li e V I C E - P R E S I D E N T .
T h e S e n a to r fro m A rk a n s a s su g ­
g e s ts t h e a b s e n c e o f a q u o r u m . T h e S e c r e ta r y w ill c a ll t h e r o ll.
" T h e S e c r e t a r y c a lle d t h e ro ll, a n d t h e f o llo w in g S e n a to r s
a n s w e re d to t h e ir n a m e s :

Aldrleb
Bailey
Bankhead
Borah
Bourne
Brandegee
Briggs
Brown
Bulkeley *
Burkett
Burnliain
Burrows
Garter
Clapp
Clarke, Ark.
Clay
Crane
Culberson

Cullom
Cummins
Curtis
Daniel
Depew
Dick
Ilixon
Dolliver
du I’ont
Elkins
Flint
Foster
Frazier
Frye
Ballinger
Gamble
Gary
Gore

Ilale
lleyburn
Hopkins
Johnston
Kean
Kittredge
Knox
La Follette
Lodge
Long
McCreary
McCumber
Martin
Milton
Money
Overman
Owen
Page

Paynter
Penrose
Perkins
Piles
Hichardson
Scott
Simmons
Smith, M
d.
Smith. Mich.
Smoot
Stephenson
Stone
Sutherland

Taliaferro

Taylor
Teller
Warner
W more
et

S e v e n ty -tw o S e n a to r s h a v e
anT h e V I C E 1-P R E S I D E N T \
s w e r e d t o tin ir n a m e s . A q u o r u m o f t h e S e n a te is p r e s e n t.

SUNDRY C IL APPRO
IV
PRIATIO BILL.
N
I
j

T h e V IC E -P R E S ID E N T laid before th e S e n a te th e a c tio n
o f t h e H o u s e o f R ep resen ta tiv es, d isa g r e ein g to th e a m en d m en ts
o f th e Senate to the b ill <11. It. 28245) m ak in g ap p ro p ria tio n s
f o r s u n d r y c iv il e x p e n s e s o f tlie G overnm ent for th e fiscal y e a r
e n d i n g J u n e 3 0 , 1 9 1 0 , and fo r o th er purposes, and r eq u estin g
a c o n f e r e n c e w ith th e S en a te o u th e d isa g r e ein g votes o f th e
tw o H o u s e s t h e r e o n .
M r. H A L E .
I m o v e t h a t t h e S e n a te in s is t o n i ts a m e n d ­
m e n ts a n d a g re e to th e c o n fe re n c e a s k e d by th e H o u s e , th e
c o n f e r e e s to b e a p p o in te d b y t h e C h a ir .




3620

CONGRESSIONAL RECORD— SENATE

T h e m o tio n w a s a g r e e d t o : a n d t h e V ic e - P r e s id e n t a p p o in te d
M r. H a l e , M r. P e r k i n s , a n d M r. T f.l l e b c o n f e r e e s o n t h e p a r t
o f t h e S e n a te .
M r. H A L E . I s h o u ld lik e t o g iv e n o tic e t h a t I h o p e s h o r t l y
to g e t tlie d e fic ie n c y a p p r o p r i a ti o n b ill f r o m t h e P r i n t i n g O ffice,
a n d I s h a l l t h e n a s k t h e S e n a te t o p r o c e e d to i t s c o n s id e r a tio n .
PUBLIC BUILDINGS.
M r.
sen t a
M r.
M r.
2S1G7.
The
The

S C O T T . W ill t h e S e n a to r f r o m M a in e a llo w m e to p r e ­
c o n fe re n c e re p o rt?
H A L E . I h a v e n o t h in g a t p r e s e n t .
S C O T T . I p r e s e n t a c o n f e r e n c e r e p o r t o n H o u s e b ill
V IC E -P R E S ID E N T . T h e re p o rt w ill be re a d .
re p o rt w a s re a d , a s fo llo w s :

March 2,

O n p a g e 6 o f t h e b ill s t r i k e o u t s e c tio n 13, b e in g lin e s 3 t o 12,
b o th in c lu s iv e .
T h e c o m m itte e o f c o n f e r e n c e f u r t h e r r e p o r t s t h a t th e y h a v e
b e e n u n a b le to c o m e to a n a g r e e m e n t o n S e n a te a m e n d m e n t
n u m b e r e d 12, s a m e b e in g a p r o v is io n fix in g th e l im i t o f c o s t
f o r t h e e r e c tio n o f a U n i t e d S t a t e s c u s to m - h o u s e b u i ld i u g a t
B o s to n , M a s s .
N . B . Scott.

.

P. J. McCumbkr.

Managers on the part of the Senate.
R ichard R artiioldt,
E d w in C. B u r l e ig h ,
W illiam G. B rantley,

Managers on the part of the House.
M r. S C O T T . I a s k f o r t h e a d o p tio n o f th e r e p o r t .
T h e V I C E - P R E S I D E N T . T h e S e n a to r f r o m W e s t V ir g in ia
a s k s t h a t th e S e n a te c o n s id e r t h e r e p o r t . I s t h e r e o b je c tio n ?
M r. C L A R K E o f A r k a n s a s . I o b je c t. I h a v e n o o b je c tio n to
v o t in g o n a m o tio n to p ro c e e d to t h e c o n s id e r a tio n o f t h e r e p o r t,
b u t I d e c lin e to g iv e u n a n im o u s c o n s e n t. T h a t i s t h e p r o c e d u r e
w e h a v e a d o p te d to -d a y . I w ill s t a t e t o t h e S e n a to r f r o m W e s t
V ir g in ia t h a t in t h e r e s u l t h e w ill g e t a ll b e w a n t s , a n d i t is
c o n s is te n t w ith w h a t w e h a v e h e re to fo re done.
M r. S C O T T . I h a v e b e e n o u t o n c o n f e r e n c e c o m m itte e s to - d a y
t r y i n g to e a r n m y s a l a r y . I w a s n o t a w a r e t h a t w e w e r e e n ­
g a g e d o n a f ilib u s te r . I m o v e t h a t t h e r e p o r t b e t a k e n u p f o r
a c tio n .
M r. C L A R K E o f A r k a n s a s . I d o n o t t h in k t h e S e n a to r f r o m
W e s t V ir g in ia ------T h p V I C E - P R E S I D E N T . T h e m o tio n is n o t d e b a ta b le . T h e
S e n a to r f r o m W e s t V ir g in ia m o v e s t h a t t h e S e n a te p ro c e e d to
t h e c o n s i d e r a ti o n o f t h e c o n f e r e n c e re j)o rt.
M r. C L A R K E o f A r k a n s a s . I c a ll f o r t h e y e a s a n d n a y s o n
t h e m o tio n .
T h e y e a s a n d n a y s w e re n o t o rd e re d .
M r. C L A R K E o f A r k a n s a s . I w is li to g iv e n o tic e in t h i s c o n ­
n e c tio n t h a t i f t h a t o c c u r s a g a i n I s h a ll a b a n d o n t h e m a t t e r
n o w u n d e r c o n s id e r a tio n . I f t h e D e m o c r a ts a r e n o t s u ffic ie n tly
i n te r e s t e d in t h e m e a s u r e b e f o r e t h e S e n a te to s t a y h e r e a n d
e x e r c is e t h e i r c o n s t i t u t i o n a l r i g h t s t h e y m u s t a d o p t so m e o t h e r
m e th o d o f g e tt i n g w h a t I c o n c e iv e t o b e j u s t i c e f o r t h e i r s e c tio n
a n d th e ir cau se.
T h e V I C E - P R E S I D E N T . T h e C h a ir w ill a g a i n p u t th e q u e s ­
tio n . I s t h e r e a s e c o n d to t h e d e m a n d f o r t h e y e a s a n d n a y s ?
T h e y e a s a n d n a y s w e r e o r d e r e d ; a n d , b e in g t a k e n , r e s u l te d —
v e a s 66, a s f o l lo w s :
YEAS— 6C.

T h e c o m m itte e o f c o n f e r e n c e o n th e d i s a g r e e in g v o te s o f th e
tw o H o u s e s o n t h e a m e n d m e n ts o f t h e S e n a te to t h e h ill ( H . R.
2 S 1 6 7 ) to g r a n t a d d it i o n a l a u t h o r i t y to t h e S e c r e t a r y o f th e
T r e a s u r y to c a r r y o u t c e r t a i n p r o v is io n s o f p u b lic - b u ild in g a c ts ,
a n d f o r o t h e r p u r p o s e s , h a v in g m e t, a f t e r f u ll a n d f r e e c o n f e r ­
e n c e h a v e a g r e e d to re c o m m e n d a n d d o re c o m m e n d to t h e i r r e ­
s p e c tiv e H o u s e s a s f o l lo w s :
T h a t t h e S e n a te r e c e d e f r o m i t s a m e n d m e n ts n u m b e r e d 2, 3,
4, 8, 9, 10, 11. 13. a n d P i.
T h a t t h e H o u s e r e c e d e f r o m i t s d i s a g r e e m e n t to t h e a m e n d ­
m e n ts o f t h e S e n a te n u m b e r e d 5 a n d 7 a n d a g r e e to t h e s a m e .
T h a t t h e H o u s e r e c e d e f r o m i t s d i s a g r e e m e n t to t h e a m e n d ­
m e n t o f t h e S e n a te n u m b e r e d 1, a n d a g r e e to t h e s a m e w i t h a n
a m e n d m e n t, so t h a t s a i d a m e n d m e n t s h a l l r e a d a s f o llo w s :
“ S e c . 3. T h a t o f t h e a m o u n t h e r e t o f o r e a u th o r i z e d f o r th e
U n ite d S t a t e s g o v e r n m e n t b u i ld i n g a t B o is e , I d a h o , so m u c h
th e r e o f a s m ay be n e c e s s a ry s h a ll b e a v a ila b le fo r th e a c q u is i­
tio n o f a d d i t i o n a l l a n d : Provided, T h a t t h e lim i t o f c o s t h e r e ­
to f o r e fix e d s h a l l n o t b e e x c e e d e d .”
A n d th e S e n a te a g r e e to t h e s a m e .
T h a t t h e H o u s e r e c e d e f r o m i t s d i s a g r e e m e n t to t h e a m e n d ­
m e n t o f t h e S e n a te n u m b e r e d 6, a n d a g r e e t o t h e s a m e w i t h a n
a m e n d m e n t, so t h a t t h e s a m e s h a ll r e a d a s f o l l o w s :
“ S ec. 7. T h a t t h e S e c r e t a r y o f t h e T r e a s u r y m a y , in his dis­
c r e tio n . d i s r e g a r d t h e p r o v is io n r e q u ir i n g s i t e s to b e b o u n d e d
u p o n a t l e a s t tw o s id e s b y s t r e e t s in so f a r a s t h e s a m e s h a ll
a p p ly t o t h e v illa g e o f P e n n V a n , N . Y .”
A n d t h e S e n a te a g r e e to th e s a m e .
T h a t t h e H o u s e r e c e d e f r o m i t s d i s a g r e e m e n t to t h e a m e n d ­
m e n t o f t h e S e n a te n u m b e r e d 15, a n d a g r e e to t h e s a m e w ith a n
a m e n d m e n t a s f o l lo w s : C h a n g e " S e c . 1 4 ” to " S e e . 1 3 : ” a n d
Hopkins
Piles
Depew
t h e S e n a te a g r e e to t h e s a m e .
Bailey
Rayner
.Johnston
Dick
T h a t t h e H o u s e r e c e d e f r o m i t s d i s a g r e e m e n t to t h e a m e n d ­ Bankhead
Richardson
Kean
Dillingham
Hevpi'idge
m e n t o f th e S e n a te n u m b e r e d 16. a n d a g r e e to t h e s a m e w i t h a n Bourne
Scott
Kittredge
Dol liver
Simmons
Knox
a m e n d m e n t a s f o llo w s : C h a n g e " S e c . 1 5 ” to " S e c . 1 4 ; " a n d Bricks
du I’ont
Smith. Md.
F.n Follette
Elkina
Brown
t h e S e n a te a g r e e to t h e s a m e .
Smith. Mich.
Lodge
Flint
Bulkeley
T h a t th e H o u s e r e c e d e f r o m i t s d i s a g r e e m e n t to t h e a m e n d ­ Burkett
_ Stephenson
Long
Frazier
Stone
McCreary
Frye
m e n t o f th e S e n a te n u m b e r e d 17. a n d a g r e e t o th e s a m e w i t h a n Burrows
Sutherland
MeCuraber
Fulton
Carter
a m e n d m e n t so t h a t s a id a m e n d m e n t s h a ll r e a d a s f o llo w s :
Taylor
Money
Gallinger
Clapp
“ S ec . 15. T h a t t h e ite m c o n ta in e d in s e c tio n fiv e o f t h e a c t o f Clarke, Ark.
Teller
N«*lson
Gamble
W arner
Overman
Gary
C o n g r e s s e n t i t l e d ‘A n a c t t o i n c r e a s e t h e lim i t o f c o s t o f c e r t a i n Clay
Warren
Page
G rn.gr nbeim
p u b lic b u ild in g s , to a u t h o r i z e t h e e n la r g e m e n t, e x te n s io n , r e ­ Crane
Wetmore
Paynter
Hansbrough
Culberson
m o d e lin g , o r im p r o v e m e n t o f c e r t a i n p u b lic b u ild in g s , to a u t h o r ­ Cullom
Penrose
llemenwny
Perkins
Heyburn
iz e t h e e r e c tio n a n d c o m p le tio n o f p u b lic b u ild in g s , to a u th o r i z e Cummins
NOT VO T IN G — 20.
t h e p u r c h a s e o f s i t e s f o r p u b lic b u ild in g s , a n d f o r o t h e r p u r ­
Owen
B a le
Curtis
p o s e s .’ a p p r o v e d M a y t h i r t i e t h , n i n e t e e n h u n d r e d a n d e ig h t, f o r Aldrich
Tr rn "
n
McEnery
l taniel
* U n ite d S t a t e s p o st-o ffic e a t W a s h in g to n , D i s t r i c t o f C o lu m b ia , Ankeny
McLaurin
Smoot
Davis
Bacon
Taliaferro
Martin
fiv e h u n d r e d t h o u s a n d d o l la r s , ’ b e , a n d t h e s a m e is h e re b y , ] tor all
Dixon
Tillman
Milton
Foraker
a m e n d e d so a s to a d d to t h e s a m e t h e f o llo w in g p r o v is io n : Brandegee
Xewlands
Foster
‘ T h a t i f a n y b a la n c e r e m a in s w i t h in s a i d l im i t a f t e r a c q u i r in g Burnham
Nixon
Gore
Clark, W yo.
th e s i t e h e r e i n a u th o r i z e d , t h e S e c r e t a r y o f t h e T r e a s u r y be,
g o t h e m o tio n w a s a g r e e d t o ; a n d t h e S e n a te p r o c e e d e d to th e
a n d h e is h e r e b y , a u t h o r i z e d to e x p e n d so m u c h t h e r e o f a s m a y
c o n s i d e r a ti o n o f th e c o n f e r e n c e r e p o r t .
b e n e c e s s a r y in t h e p r e p a r a t i o n o f t h e p l a n s f o r s a i d U n ite d
T h e V I C E - P R E S I D E N T . T h e q u e s tio n is o n a g r e e in g t o t u e
S t a t e s p o st-o ffice b u i ld i n g o n s a id s i t e .’ ”
c o n fe re n c e re p o rt.
A n d th e S e n a te a g r e e to t h e s a m e .
T h e r e ix ir t w a s a g r e e d to .
T h a t th e H o u s e re c e d e fro m i t s d i s a g r e e m e n t t o t h e a m e n d ­
M r. S U O T T .
1 m o v e t h a t t h e S e n a te f u r t h e r i n s i s t u p o n
m e n t o f t h e S e n a te n u m b e r e d 18, a n d a g r e e t o th e s a m e w i t h 1 a m e n d m e n ts in d i s a g r e e m e n t a n d a s k f o r a f u r t h e r c o n f e r e n c e
a n a m e n d m e n t, so t h a t s a i d a m e n d m e n t s h a ll r e a d a s f o llo w s : w ith t h e H o u s e th e r e o n , t h e c o n f e r e e s o n t h e p a r t o f t h e s e n a i
“ S e c . 16. T h a t t h e S e c r e t a r y o f th e T r e a s u r y b e . a n d b e is
t o lie a p p o in t e d b y t h e C h a ir .
h e r e b y , a u th o r i z e d a n d d i r e c te d to a c q u i r e b y p u r c h a s e , co n - j
T h e m o tio n w a s a g r e e d t o ; a n d t h e V ic e - P re s id e n t a p p o m t e a
d e m n a tio n . o r o th e r w is e , a s ite f o r a f e d e r a l b u ild i n g in th e j u s th e c o n f e r e e s o n t h e p a r t o f th e S e n a te M r. S c o t t . M r. .
c ity o f L a w to n , O k la h o m a , a n d h e is a u th o r i z e d t o e x p e n d f o r
C u m b e r , a n d M r. C u l b e r s o n .
s u c h p u r p o s e t h e p r o c e e d s a r i s i n g f r o m t h e s a l e o f l o ts t h ir t y R V N O TH PE A LA S.
E ISIO F E N L W
o n e a n d t h ir t y - t w o o f b lo c k f o r ty - o n e o f t h e o fficial p la t o f th e
M r. I I E Y B U R N . I m o v e t h a t t h e S e n a te p ro c e e d to the con^
c ity o f L a w to n , O k la h o m a , a s p r o v id e d f o r b y s e c tio n 3 3 o f t h e
s i d e r a t i o n o f t h e c o n f e r e n c e r e p o r t o n t h e d i s a g r e e in g ™ *' j
s o - c a lle d p u b lic b u ild in g a c t, a p p r o v e d M a y 30. 1908.”
t h e tw o H ouses o u t h e a m e n d m e n t o f t h e H o u s e to tm
A n d t h e S e n a te a g r e e to t h e s a m e .
(R . 2 9 8 2 ) to c o d if y , r e v is e , a n d a m e n d t h e p e n a l la w s >
O n p a g e 2 o f t h e b ill s t r i k e o u t a l l o f s e c tio n 3, b e in g lin e s 8
t o 12, b o th in c lu s iv e .
U n i t e d S t a te s .

1i\

1909.

CONGRESSIONAL RECORD— SENATE.

G o v e rn m e n t h a d In te rv e n e d a n d p re s e n te d th e c a se to th e T u r k ­
is h G o v e rn m e n t a n d h a d e n d e a v o re d to s e c u re h e r re le a s e . T h e
T u r k is h G o v e rn m e n t w a s u n a b le to s e c u re t h a t re le a s e . H e r
life w a s in d a n g e r.
M o n ey f o r h e r ra n s o m w a s r a is e d , a n d th e
S ta te D e p a rtm e n t in fo rm e d th e c o n trib u to rs t h a t if sh e w a s r e ­
le a s e d i n t h a t w a y , a n d th e m o n e y c o u ld n o t b e r e g a in e d fro m
th e T u r k is h G o v e rn m e n t, th e y w o u ld re c o m m e n d to C o n g re s s i ts
p a y m e n t.
M r. G A L L IN G E R . W h ic h th e y d id .
M r. L O D G E . W h ic h th e y d id in a r e p o r t a n d e s tim a te . I n
re s p o n s e to t h a t th e C o m m itte e o n F o re ig n R e la tio n s r e p o rte d
t h i s a m e n d m e n t a n d s e n t i t to t h e C o m m itte e o n A p p r o p r ia ­
tio n s .
M r. D O L L IV E R .
M r . P r e s i d e n t ------T h e V IC E -P R E S ID E N T .
D o e s th e S e n a to r f ro m M a s s a c h u ­
s e tts y ie ld to th e S e n a to r fro m Io w a ?
M r. L O D G E . I d o ; c e r ta in ly .
M r. D O L L IV E R .
I t h in k i t a ls o o u g h t to b e a d d e d t h a t
t h o s e c o n t r i b u t i o n s w e r e n o t m a d e b y r i c h p e o p le , b u t i n l a r g e
p a r t b y th e r e la tiv e s o f t h is w o m a n , w h o a r e u n d e r g r e a t h a r d ­
s h ip o n a c c o u n t o f th e lo s s a n d e x p e n s e in c id e n t to th e t r a n s ­
a c tio n .
M r. R A Y N E R .
M r . P r e s i d e n t -------T h e V IC E -P R E S ID E N T .
D o e s th e S e n a to r fro m M a ss a c h u ­
s e tts y ie ld to th e S e n a to r fro m M a r y la n d ?
M r. L O D G E . C e r ta in ly , I d o .
M r. R A Y N E R . I o n ly d e s ir e to a s k a q u e s tio n .
I do n o t
o b je c t to t h is c la im ; I h a v e a w a y o f n o t o b je c tin g to a n y th in g ;
b u t w h a t is t h e d if f e r e n c e b e tw e e n t h i s c la im a n d t h e c la im t h a t
h a s ju s t b een ru le d o u t o f o rd e r?
T h e c la im p r e s e n te d b y th e
S e n a to r f r o m M a s s a c h u s e tts w a s r e p o r te d f r o m t h e C o m m itte e
o n F o r e ig n R e la tio n s , a n d th e c la im o f M a r y la n d a n d V ir g in ia
w a s f a v o r a b ly r e p o rte d b y t h e C o m m itte e o n C la im s , a n d w a s
r u l e d o u t o f o r d e r b e c a u s e i t w a s a p r i v a t e c la im ,
T he Sen­
a t o r ’s c l a i m i s i n o r d e r a s i t i s a c l a i m o f a n i n d i v i d u a l , a n d
o u r c la im s a r e o u t o f o r d e r th o u g h th e y a r e th e c la im s o f tw o
S t a t e s ; b o th o f w h ic h c la im s h a v e p a s s e d c o m m itte e s o f th e
S e n a te . T h a t is w h a t I c a n n o t u n d e r s ta n d .
M r. L O D G E . I h a v e n o t b e e n m a k in g a n y p o in ts o f o rd e r.
N o p o in t o f o r d e r h a s b e e n m a d e a g a in s t t h is a m e n d m e n t.
I
W a s a s k e d b y t h e S e n a t o r f r o m T e x a s [ M r . Culberson'] t o
s ta te th e m e r its o f th e a m e n d m e n t, a n d I d id so to th e b e s t o f
to y a b i l i t y .
M r. R A Y N E R .
I f so m e o f th e s e p r iv a te c la im s a r e to go in
a n d o th e r s a r e to g o o u t, i t se e m s to m e t h a t t h e p o in t o f
o r d e r ------M r. L O D G E . T h e S e n a to r fro m M a r y la n d d o e s n o t e x p e c t m e
to m a k e a p o in t o f o r d e r a g a i n s t a n a m e n d m e n t w h ic h I m y s e lf
h a v e o ffere d ?
M r. R A Y N E R . I d o n o t ; b u t I d o e x p e c t t h e S e n a to r to
h e lp k e e p a w a y p o in ts o f o r d e r f r o m t h e c la im s w h ic h w e p r e ­
s e n t f o r th e S ta te s .
I th in k t h a t y o u o u g h t to d o th a t.
Y ou
a r e u n d e r m o r a l o b lig a tio n s to h e lp u s in t h e c la im s o f M a ry la n d
a n d V irg in ia .
M r. L O D G E .
I d id n o t m a k e a n y p o in t o f o rd e r a g a in s t th e
a m e n d m e n t f o r th e c la im s o f M a r y la n d a n d V ir g in ia .
T h e V I C E - P R E S I D E N T . T h e q u e s tio n is o n t h e a m e n d m e n t
P ro p o s e d b y th e S e n a to r f ro m M a s s a c h u s e tts .
T h e a m e n d m e n t w a s a g r e e d to .
M r. G A L L I N G E R . I n c o n n e c t i o n w i t h t h e a m e n d m e n t w h i c h
a a s j u s t b e e n a d o p t e d , I a s k t o h a v e p r i n t e d in t h e Record a
m essa g e fro m th e P re s id e n t o f th e U n ite d S ta te s a n d a re c o m ­
m e n d a tio n f r o m M r. R o o t, c o n c e r n in g t h e p r o p r ie ty o f t h e G ovr m u e n t r e t u r n i n g t o t h e p e o p le w h o r e s c u e d t h i s w o m a n t h e
8u m s o f m o n e y th e y c o n trib u te d .
I 'h e V I C E - P R E S I D E N T .
W ith o u t o b je c tio n , i t w ill b e so
o rd e re d .
T h e m e s sa g e r e f e r r e d to is a s fo llo w s :

[Senate Document No. 408, Sixtieth
R ep a ym en t o f m on ey

Congress,

f o r r a n s o m o f M is s E l l e n
in T u rk ey .

first session.]

M . S t o n e , m is s io n a r y

FR0M T F PRESIDENT O THE UNITED STATES, TRANSM
H3
F
ITTINO
RErivTE K O TIIB SECR
R R i£
ETAR O STATE O TnE SUBJECT O THE
Y F
N
F
' iA M
1 EVT TO THE CO TR TO S O THE M N RAISED TO PAT THE
N IBU R F
O ET
y0R THE R
ELEASE O MISS ELLEN M STONE, AN AM
F
.
ERICAN
MIS* IO A T T TURKEY.
N R O
0 Me S e n a t e a n d H o u s e o f R e p r e s e n t a t i v e s :

from
herewith for the consideration of the Congress a letter
Contril)nt » cr.etRry o f Stnte on the Bubject of the repayment to the
k li| |.'ii H
the money raised to pay the ransom for the release nf
relea»“ of
•bdtictna'’1 v Stone, an American missionary to Turkey, who was
?
hishwnv *1)y b.r,K
ands on September 3, 1901, while traveling on the
y irom Kaslog to Djumab&la, In the Turkish Empire.

Tftr n,
~
White House, March £6, 1908.




THEODORE ROOSEVELT.

3647
Department

of

State,

W a s h i n g t o n , M a r c h 3 loos.
ti.
The P resident :
As will be remembered, Miss Ellen M Stone, an American missionary
.
to Turkey, was abducted by brigands on September 3, 1901, while trav­
eling on the highway from Raslog to Djumabaia, in the Turkish Empire.
Our diplomatic and consular representatives In Turkey, in corre­
spondence with the Department of State shortly after the capture,
indicated their belief that the motive therefor was to obain a ransom
and stated that they had requested the Turkish officials to abstain from
too close pursuit of the brigands, lest the death of the captured might
result.
From later correspondence with onr representatives it appeared that
the brigands had retired to the mountains with the captive, probably
over the border into Bulgaria. The exact location of the party during
the captivity, however, is not established by any evidence in the pos­
session of the Department of State, nor does it appear clearly of what
government the bandits were subjects.
About October 1, 1901, the bandits opened negotiations for a ran­
som, demanding £25,000, and transmitting a letter from Miss Stone
asking that the sum demanded be paid and that pursuit of the brigands
by the Turkish troops be stopped.
Our diplomatic representatives were of the opinion that Miss Stone’s
release could only be obtained by the payment of the ransom, and the
State Department shared this view. Miss Stone's friends, of course,
entered into correspondence with the department regarding the pay­
ment of the ransom, and were told that it must be raised by private
means.
On October 3, 1901, tbe State Department wrote to the Rev. Judson
Smith, of the American Board of Commissioners for Foreign Missions,
Boston, Mass., as follows :
“ It seems imperative tnat tbe amount (of the ransom) should be
raised or pledged, so as to be available by your treasurer at Constan­
tinople in season to save Miss Stone. Statutory prohibitions make It
impossible for this Government to advance the money or guarantee its
payment. If paid by Miss Stone’s friends, every effort will be made
to'obtain reimbursement from whichever government may be found re­
sponsible under international law and precedent. In the event of its
proving impossible to hold any foreign government responsible for the
capture and to secure the repayment of the money, this Government is
willing in the last resort to urge upon Congress as strongly as possible
to appropriate money to repay the donors.”
It is claimed that this assurance given by the department in its
letter to M Smith, to the effect that, as a last resort, a recommenda­
r.
tion would he made to Congress looking toward the appropriation for
a sum sufficient to pay the donors, was largely instrumental in enabling
Miss Stone’s friends to secure the sum of $66,000, which was raised
through public subscription in this country by October 23, 1901, for
the purpose of effecting Miss Stone's release.
After negotiations of considerable length the brigands finally con­
sented to accept the amount raised and arrangements were made by
United States Minister Leishman for the payment of the money at a
point near Bansko, Macedonia, the Turkish authorities consenting to
withhold their troops from the vicinity of the place in order that the
negotiations might nave a successful issue.
The release of the captive was not obtained so soon as expected, but
was finally reported by Minister Leishman on February 23. 1902.
After careful consideration of all the facts my predecessor, M Hay,
r.
decided on January 19, 1905, that it was not advisable to attempt to
hold the Turkish Government responsible for the capture and to secure
the repayment of the money. Upon the subsequent application for
reconsideration of this decision M Hay again, on April 11 1905, re­
r.
affirmed the judgment which he had originally expressed Upon a fur­
ther review of the same subject I have come to the conclusion that it
is not advisable to reverse or change the conclusion which M Hay
r.
U It^would seem, therefore, that the executive department Is bound to
make good its promise to recommend to Congress that money be appronriated to repay the ransom money, a promise which was probably relied
lim hv many of those who contributed of their private means to save
it!
the life of an American citizen believed to be in the gravest peril.
Accordingly I have the honor to advise that Congress be recommended
to appropriate an amount sufficient to repay the contributors.
Respectfully submitted.
ELimj ^

M r. L O D G E .

I

h a v e a n o th e r a m e n d m e n t, w h ic h I

th e d e sk .
T li e V I C E - P R E S I D E N T . T h e
S e n a to r fro m M a s s a c h u s e tts w ill
M r. L O D G E . T h is a m e n d m e n t
s o m e tim e a g o a s a b ill.
I send
a b ill.
The

Secbetaby.

s e n d to

a m e n d m e n t p ro p o se d b y th e
b e s ta te d .
h a s b e e n p a s s e d b y th e S e n a te
I t to th e d e s k in th e fo rm o f

.
.
I t i s p ro p o s e d to i n s e r t th e f o llo w in g a m e n d ­

m e n t:

That there is hereby appropriated, out of any money in the Treasury
not otherwise appropriated, the sum of $80,083.50, to be paid by the
Secretary of Y ar to tlie properly accredited represcnL<iti\es of tlie
V
following named four religious orders of the Roman Catholic Church in
the Philippine Islands according to the amounts set forth: The Augustlnian* S43.822.50; the Dominicans, $16,G66; the Recoletos, $12,015;
and the Franciscans, $6,980; and that the acceptance by the properly
accredited representatives of said respective religious orders of tbe
separate amounts above specified shall be In full satisfaction of all
claims for use and occupation of the property of said respective religious
orders In said islands, and for damages done thereto by the military
forces of the United States prior to the date, to wit, January 24. 1900,
of the official report of the “ Board on Church Claims,” which said
board composed of John A. Hull, lieutenant-colonel, judge-advocate;
Mexander O Brodle, lieutenant-colonel, military secretary; and J. W
.
.
Moore first lieutenant. Second Cavalry, was duly convened, August 1,
1905, at headquarters Philippine Division, In the city of Manila, in s a id
islands, to consider and report upon said claims.
M r. H A L E . T h e a m e n d m e n t i s s u b j e c t to tw o p o in ts o f
o rd e r.
I t p r o p o s e s l e g i s l a t i o n a n d i t i s a l s o p u r e l y a c la i m .
T h e V IC E -P R E S ID E N T . T h e C h a ir s u s ta in s th e p o in t o f
o rd e r.

5




—

3648

CONGRESSIONAL RECORD— SENATE.

M r. C A R T E R .

O n b e h a l f o f t h e s e n io r S e n a t o r f r o m M in ­
th e C h a m b e r.
I o ffer th e a m e n d m e n t w h ic h I se n d to - th e d e sk .
T h e V IC E -P R E S ID E N T . T h e a m e n d m e n t p ro p o sed by th e
S e n a to r fro m M o n ta n a w ill be s ta te d .
T h e Secretary. O n p a g e 08, a f t e r lin e 22, i t is p r o p o s e d to
in s e rt:

nesota [M r. N e l s o n ] , w ho h a s b e e n called f r o m

To enable the Secretary of the Senate to pay for extra services ren­
dered in transferring, rearranging, re-marking, cleaning, and refiling
the papers of the Senate to Bayard C Ryder, $700; Ansel W $400;
.
old,
Reese R. Dutton, $300; George Payne, $50; Christopher W
oodlen, $50.
T h e a m e n d m e n t w a s a g r e e d to .
M r. M I L T O N . I o f f e r t h e a m e n d m e n t w h ic h I s e n d to th e
d esk .
T h e V IC E -P R E S ID E N T . T h e a m e n d m e n t p ro p o se d b y th e
S e n a to r fro m F lo rid a w ill b e s ta te d .
T h e S e c r e ta r y . O n p a g e GO, a f t e r lin e 15, i t is p r o p o s e d to
in s e rt:

That the Secretary of the Treasury be, and he is hereby, authorized
and directed to pay, out of any moneys not otherwise appropriated, to
C M Cox, of Bonifay, Holmes County, Ida., the sum of $316.25 for
. .
services rendered as United States commissioner in and for the northern
district of Florida.
M r. H A L E . T h e r e is n o o b je c tio n to t h a t a m e n d m e n t , M r.
P re s id e n t.
T h e V I C E - P R E S I D E N T . T h e q u e s t io n i s o n t h e a m e n d m e n t
p r o p o s e d b y t h e S e n a t o r f r o m F l o r i d a [M r. M il t o n ].
T h e a m e n d m e n t w a s a g r e e d to .
M r. M I L T O N . I o f f e r a n a d d i t i o n a l a m e n d m e n t , w h ic h I
se n d to th e d e sk .
T h e V I C E - P R E S I D E N T . T h e a m e n d m e n t p r o p o s e d b y th e
S e n a t o r f r o m F l o r i d a w ill b e s t a t e d .
T h e S e c be t a b y . O n p a g e 25, a f t e r lin e 20, i t i s p r o p o s e d to
in s e rt;

That the interest of the United States in and to the land situated
In Dade County, in the State of Florida—to wit, the northwest quarter
of the northeast quarter of section 1, township 51, range 41 south and
east—Is hereby relinquished and released unto John M Bryan, jr., of
.
Dade County, Fla., and patent issue therefor: P r o v id e d , The said
John M Bryan, jr., pay $1.25 an acre for the land referred to prior
.
to the issuance of the patent to him.

March 2,

reason of the election of said Lee to the Forty-seventh Congress and his
services therein, under the provisions of section 38, Revised Statutes of
the United States of 1878.
M r. M c C U M B E R . I d e s i r e t o s t a t e t h a t I h a v e m o d ifie d t h e
a m e n d m e n t to c o n f o r m t o t h e r u l i n g s o f t h e C h a ir , s o a s to
b r i n g i t c l e a r l y w i t h i n t h e e x c e p tio n . I a m w i l li n g to l e t t h i s
go w ith o u t a n y a rg u m e n t a n d ta k e a v o te o f th e S e n a te u p o n
t h e q u e s tio n .
M r. G A L L I N G E R . L e t u s v o te .
M r . M c C U M B E R . I t w ill o n ly t a k e a s h o r t tim e .
M r. H A L E . I h o p e t h e S e n a te w ill n o t p u t t h i s m a t t e r o n
t h e b ill. I a m w i l li n g to t a k e t h e v o te o f t h e S e n a te u p o n it.
T h e V I C E - P R E S I D E N T . T h e q u e s tio n i s o n a g r e e in g t o t h e
a m e n d m e n t o f th e S e n a t o r f r o m N o r t h D a k o t a .
[ P u ttin g th e
q u e s t io n .]
B y t h e s o u n d t h e “ n o e s ” h a v e i t, a n d t h e a m e n d ­
m e n t i s r e je c t e d .
M r. M c C U M B E R . I d e m a n d t h e y e a s a n d n a y s .
T h e y e a s a n d n a y s w e re o rd e re d .
M r. D A N I E L . I o f f e r t h e a m e n d m e n t w h ic h I s e n d t o t h e
d esk .
T h e V IC E -P R E S ID E N T . T h e a m e n d m e n t w ill b e s ta te d .
T h e S e c r e t a r y , O n p a g e 16, a f t e r l in e 10, i t i s p r o p o s e d to
in s e rt:

Payment to M
ount Vernon Avenue Association of Virginia; For pay­
ment to the treasurer of the Mount Vernon Avenue Association of Vir­
ginia, assignee of the State of Virginia under act of the general as­
sembly of Virginia approved M
arch 5, 1888, $120,000, being the prin­
cipal sum. without interest, advanced by the State of Virginia to the
United States by act of its general assembly December 27, 1790, toward
erecting public buildings in the District of Columbia for the use of the
Federal Government. Said sum of $120,000 to be in full compensation
for all debts, claims, or demands on the part of the State of Virginia
or of her assignee aforesaid, arising out of the aforesaid act of the
general assembly of date December 27, 1790.
Payment to the State of Maryland: For payment to the State of
Maryland $72,000, being the principal sum, without interest, advanced
by the State of Maryland to the United States under the provisions of
a joint resolution passed by the general assembly of the State of Mary­
land on the 19th day of December, 1790. to be used toward erecting
public buildings in the District of Columbia for the use of the Federal
Government. Said sum of $72,000 to be in full satisfaction and pay­
ment of any and all debts, claims, and demands upon the part of the
State of Maryland arising out of the aforesaid resolution.

M r. D A N I E L . I f t h e S e n a t o r w ill p e r m i t m e -------M r . M I L T O N . I w i l l s t a t e t h a t t h i s a m e n d m e n t is in th e
M r. H A L E . I s h o u l d b e g l a d to h a v e t h e b i ll p a s s e d . I t i s
s a m e l a n g u a g e a s a b i ll w h i c h h a s p a s s e d t h e S e n a te a n d h a s p r a c t i c a l l y c o m p le te d .
h a d t h e a p p r o v a l o f t h e C o m m itte e o n A p p r o p r i a t i o n s .
M r. D A N I E L .
I w is h to m a k e a n o b s e rv a tio n a b o u t th e
M r. H A L E . I m a k e t h e p o i n t o f o r d e r o n t h a t a m e n d m e n t a m e n d m e n t.
t h a t i t i s g e n e r a l l e g i s l a ti o n .
M r. H A L E . I a m a t t h e m e r c y o f t h e S e n a to r .
M r. M IL T O N . I h o p e th e S e n a to r w ill n o t m a k e th e p o in t
M r. D A N I E L . M r. P r e s i d e n t , i f t h e r e w e r e n o t so m a n y p r i ­
o f o r d e r . I r e p e a t t h a t t h i s i s a m a t t e r w h i c h a s a b ill h a s
v a t e c la i m s in t h i s b ill w e w o u ld n o t h a v e a n y tr o u b le , a n d a s
p a s s e d th is b o d y a n d h a s h a d a fa v o ra b le re p o rt in th e o th e r
I d o n o t t h i n k t h i s is a p r i v a t e c la i m I m u s t b e p e r m i t t e d o c c a ­
H ouse.
s i o n a ll y to e x e r c is e m y o w n d i s c r e t i o n .
M r. H A L E . O f c o u rse , i t is v e ry p ro p e r t h a t i t sh o u ld go
M r. C L A Y . I s u g g e s t to t h e S e n a t o r t h a t n o p o i n t o f o r d e r
t h r o u g h a s a b ill, b u t n o t a s a n a m e n d m e n t o n a n a p p r o p r i a ­
h a s b e en m a d e a g a in s t h is a m e n d m e n t, a n d p e rh a p s th e com ­
t i o n b ill.
m i t t e e w ill a c c e p t i t a n d i t w ill b e a d o p te d w i t h o u t o p p o s itio n .
T h e V IC E -P R E S ID E N T . T h e C h a ir s u s ta in s th e p o in t o f
M r. D A N I E L . I f t h e r e i s n o p o i n t o f o r d e r r a i s e d a g a i n s t it,
o rd e r.
\ I w i l l n o t c o n s u m e tim e .
M r. O W E N . O n p a g e 62, a f t e r lin e 22, I o f f e r t h e a m e n d m e n t
iL
T h e V I C E - P R E S I D E N T . T h e r e i s n o p o i n t o f o r d e r r a is e d ,
w h i c h I s e n d to t h e d e s k .
a s th e C h a ir u n d e rs ta n d s .
' T h e V IC E -P R E S ID E N T . T h e a m e n d m e n t p ro p o se d b y th e
M r. H A L E . L e t t h e S e n a te v o t e o n t h e a m e n d m e n t.
S e n a t o r f r o m O k la h o m a w ill b e s t a t e d .
T h e V I C E - P R E S I D E N T . T h e q u e s t io n i s o n a g r e e in g t o t h e
T h e S e c r e ta r y . O n p a g e 0 2 , a f t e r l in e 22, i t i s p r o p o s e d t o
a m e n d m e n t p r o p o s e d b y t h e S e n a t o r f r o m V i r g i n ia .
in s e rt:
T h e a m e n d m e n t w a s a g r e e d to .
That the Postmaster-General Is hereby authorized and directed to pay
M r. S M I T H o f M a r y la n d . I u n d e r s t a n d t h a t b o th p a r a g r a p h s
$523.37 to Carter & Booker for rent due on the post-office at Ard­
o n p a g e s 1 6 a n d 17 w e r e a c c e p te d , t h e o n e in r e l a t i o n to M a r y ­
more, Okla.
l a n d a s w e ll a s t h e o n e i n r e l a t i o n t o V i r g i n ia .
M r. H A L E . I s t h a t r e p o r t e d b y a n y c o m m i tt e e ?
T h e V I C E - P R E S I D E N T . T h e y w e r e b o t h a d o p te d t o g e th e r .
/ M r. O W E N . I t i s r e p o r t e d f r o m t h e C o m m itte e o n P o s tM r. H A L E . T h e y w e r e t o g e t h e r in l if e a n d in t h e i r death
/O ffic e s a n d P o s t- R o a d s .
t h e y w ill n o t b e d iv id e d . [ L a u g h t e r . ]
V T h e V I C E - P R E S I D E N T . T h e q u e s t io n i s o n t h e a m e n d m e n t
T h e a m e n d m e n t s w e r e o r d e r e d to b e e n g r o s s e d a n d t b e b ill
p r o p o s e d b y t h e S e n a t o r f r o m O k la h o m a .
to b e r e a d a t h i r d tim e .
T h e a m e n d m e n t w a s a g r e e d to ,
T b e b i ll w a s r e a d t h e t h i r d t i m e a n d p a s s e d .
M r. M c C E M B E R . I o f f e r t h e a m e n d m e n t w h i c h I s e n d to t h e
AGRICULTURAL APPROPRIATION BILL.
d e s k , t o b e i n s e r t e d a f t e r lin e 5, o n p a g e 70.
M r. H A L E . D o e s t h e S e n a t o r w a n t t o o f f e r t h e a m e n d m e n t
M r. W A R R E N s u b m i t t e d t h e f o llo w in g r e p o r t :
b e f o r e t h e b i ll i s r e p o r t e d t o t h e S e n a te ?
M r. M c C U M B E R . I u n d e r s t a n d t h e b i ll i s in t h e S e n a te .
T h e c o m m itte e o f c o n f e r e n c e o n t h e d i s a g r e e in g v o te s o f t h e
M r. H A L E . T h a t h a s n o t b e e n a n n o u n c e d .
t w o H o u s e s o n t h e a m e n d m e n t s o f t h e S e n a t e to t h e b ill ( H . KT h e b i ll w a s r e p o r t e d t o t h e S e n a t e a s a m e n d e d , a n d t h e 2 7 0 5 3 ) m a k i n g a p p r o p r i a t i o n s f o r t h e D e p a r t m e n t o f A g ric u l­
a m e n d m e n t s w e r e c o n c u r r e d in .
t u r e f o r t h e f is c a l y e a r e n d in g J u n e 30, 1910, h a v i n g m e t. a f t e r
M r. M c C E M B E R . I n o w o f f e r t h e a m e n d m e n t .
f u l l a n d f r e e c o n f e r e n c e h a v e a g r e e d to r e c o m m e n d a n d d o r e c ­
T h e V IC E -P R E S ID E N T . T h e a m e n d m e n t w ill be s ta te d .
o m m e n d t o t h e i r r e s p e c t iv e H o u s e s n s f o l l o w s :
T h e S ecr etar y . O n p a g e 70, a f t e r l in e 5, i t i s p r o p o s e d to
T h a t t h e S e n a te r e c e d e f r o m i t s a m e n d m e n t n u m b e r e d 58.
in s e rt:
T h a t t h e H o u s e r e c e d e f r o m i t s d i s a g r e e m e n t to t h e amend­
To pay to the legal representatives of the estate of Samuel Lee, de­ m e n t o f t h e S e n a t e n u m b e r e d 6 2 , a n d a g r e e t o t h e s a m e vs ith
ceased. to wit, Samuel Lee, Anna Lee Andrews, Clarence Lee, Robert a n a m e n d m e n t a s f o l l o w s : In lie u o f t h e s u m I n s e r t e d b y s a u
Lee, Harry A. Lee, and Phillip Lee, heirs at law, the sum of $10,482.80,
the same being in full for any claim for pay and allowances made by a m e n d m e n t i n s e r t t h e f o l lo w in g : “ t w e lv e m illio n n i n e hundred

1909

CONGRESSIONAL RECORD— SENATE.

that they had “ served with credit during the civil war; ” and the act
of 1905, providing for the retirement of two officers of volunteers,
namely, Gens. Joseph R. Hawley and P. J. Osterhaus, with rank and
retired pay of brigadier-generals : Therefore it is further
R e s o l v e d , That in our opinion the surviving officers of volunteers of
the army, navy, and marines and enlisted men who served with credit
in the great war for the preservation of the Union are entitled to re­
ceive from the National Government honors and emoluments equal to
those which had heretofore been bestowed upon those who served in
time of war in defense of the country.
J o h n S trange ,
P r e s id e n t o f th e S en a te.

F.

E. A nd rew s,
C h ie f C lerk o f

tlic S e n a t e .

L . H . B an croft,
S p ea k er o f th e A sse m b ly .
C.

E. Sh affe r,
C h ie f C lerk o f th e A s s e m b ly .

M r. K N O X p r e s e n te d p e titio n s o f L o c a l U n io n N o . 2263, o f
S lig o ; L o c a l U n io n N o. 18, o f P h i l ip s b u r g ; L o c a l U n io n N o.
199, o f P lu m v ille ; L o c a l U n io n N o . 830, o f D u n lo ; L o c a l U n io n
N o . 1854, o f R a t t l e r ; L o c a l U n io n N o . 176, o f W in b u r n e ; L o c a l
U n io n N o . 2342, o f L a w s o n lia m ; L o c a l U n io n N o. 2098, o f A n ­
t r i m ; L o c a l U n io n N o. 2030, o f B y r n e d a le ; L o c a l U n io n N o.
2383, o f V in to n d a le ; L o c a l U n io n N o . 521, o f S o n m a n ; L o c a l
U n io n N o . 1857, o f V a n O r m e r ; L o c a l U n io n N o. 375, o f M a d e r a ;
L o c a l U n io n N o . 2408, o f S y k e s v ille ; L o c a l U n io n N o . 16S3, o f
S ix M ile R u n ; L o c a l U n io n N o . 9, o f E x p e d i t ; L o c a l U n io n N o .
1305, o f R im e r s b u r g ; L o c a l U n io n N o . 2265, o f R im e r s b u r g ;
L o c a l U n io n N o. 2426, o f H a w t h o r n ; L o c a l U n io n N o . 2064, o f
F r u g a l i t y ; L o c a l U n io n N o . 252, o f M in e r a l P o i n t ; L o c a l U n io n
N o. 1493, o f G a llitz in ; L o c a l U n io n N o . 34, o f A m e s v ille ; L o c a l
U n io n N o . 738, o f C o a l G le n ; L o c a l U n io n N o. 2017, o f L lo y d e ll;
L o c a l U n io n N o. 924, o f C a r r o llto w n ; L o c a l U n io n N o. 2045, o f
F o r c e ; L o c a l U n io n N o . 1924, o f B i tu m e n ; L o c a l U n io n N o .
2296, o f C r e n s h a w ; L o c a l U n io n N o. 617, o f B a r n e s b o r o ; L o c a l
U n io n N o . 2305, o f B o a r d m a n ; L o c a l U n io n N o . 2 6 0 1 , o f C o n i­
f e r : a l l o f t h e U n i t e d M i n e W o r k e r s o f A m e r i c a , in t h e S t a t e
o f P e n n s y lv a n ia , p r a y in g f o r t h e e n a c tm e n t o f le g is la tio n c r e a t­
in g a B u r e a u o f M in e s a n d M in in g ; w h ic h w e re o r d e r e d t o lie
o n th e ta b le .
M r. S T E P H E N S O N p r e s e n te d a j o in t r e s o lu tio n o f th e le g is ­
l a t u r e o f W is c o n s in , w h ic h w a s r e f e r r e d to t h e C o m m itte e o n
M i l i t a r y A f f a i r s a n d o r d e r e d t o b e p r i n t e d in t h e R ecord, a s
fo llo w s :

Chapter —, Laws of 1909.
Joint resolution petitioning the Congress of the United States for the
enactment of a law creating a volunteer retired list.
Whereas It has been the policy of this country from the beginning
to maintain a small Regular Army, and in times of war to rely upon
the patriotism of the people to rally as volunteers in defense of the
national flag; and
Whereas it is a recognized fact that the civil war—1861 to 1S65—
forms the most sanguinary chapter In the history of the world : that
the Regular Army during that struggle was maintained at about 25,000
men, wnile the volunteers numbered more than 2,500,000 of officers and
enlisted men; and
Whereas it is a recognized fact that the union of these States was
preserved and the national authority maintained by the patriotism,
fortitude and valor of the volunteers, to whom this great united people,
now enjoying the inestimable blessings of a preserved Union, owe a
debt of gratitude that can never be paid: Therefore
R e s o l v e d b y t h e s e n a t e ( t h e a s s e m b l y c o n c u n - m g ) . That we request
the Senators and Representatives of the Sixtieth Congress from the
State of Wisconsin to aid in the prompt enactment of a law in effect
creating a volunteer retired list upon which may be placed with retired
Day, upon application, the surviving volunteer officers of the army,
navy, and marines of the United States and enlisted men who served
with credit during the civil war, such survivors now constituting a
small remnant of that body of gallant men who led the Union forces to
anal victory.
R e s o l v e d f u r t h e r , That in our opinion the precedents of congressional
V cition fullv justify the enactment of this law, namely: The acts of
'
*828 and 1832, granting retired pay during life to the surviving offi­
cers and enlisted men of the army, navy, and marines of the Revolu­
tion ; the act of 1901, retiring Charles A. Boutelle, a volunteer officer of
too Union Navy, with the rank and retired pay of captain of the
oavy ; the acts of 1904, 1906. and 1907, granting increased rank and
retired pay to the officers of the Regular Army and Navy, based solely
°h the ground that they had “ served with credit during the civil war; "
ootl the act of 1905, providing for the retirement of two officers of
volunteers, namely, Gens. Joseph R. Hawley and P. J. Osterhaus, with
fank and retired pay of brigadier-generals: Therefore it Is further
R r s o l r e d , That In our opinion the surviving officers of vounteers of
Jhe army, navy. and marines and enlisted men who served with credit
bi the great war for the preservation of the Union are entitled to re^>'-e from the National Government honors and emoluments equal to
those which had heretofore been bestowed upon, those who served in
*m of war in defense of the country.
e
John Strange,
P r e s id e n t o f th e S en a te.

*• E.
*

A n d rew s,

C h ie f C le r k

of

th e S en a te.

of

th e

n. B

,

L.
ancroft
S p ea k er o f th e A ss e m b ly .

E. Shaffer.
C h ie f C le r k

A ssem b ly.

. M r. S T E P H E N S O N p r e s e n te d a j o i n t r e s o lu tio n o f t h e le g is l a t u r e o f W is c o n s in , w h ic h w a s r e f e r r e d to t h e C o m m itte e o n




M ilita r y A f f a ir s a n d
fo llo w s ;

3709

o rd e re d to b e p r in te d

in

the Record

as

Joint resolution asking Congress of the United States to enact into
law H. R. 89.
Whereas i t has come to the knowledge of the legislature of the State
of Wisconsin that a measure is pending before the Congress of the
United States (H. R. 39) intending to extend the limits of the Shiloh
National Military Park, for the purpose of showing, by appropriate
markers, the movements of the confederate army in its approach to
Shiloh and the movements of the Union Army, under General Halleck
in its advance from Shiloh to Corinth, and for making the said park
accessible at all times to those who desire to visit i t ; and
Whereas this State, as well as the Government of the United States,
the States of Illinois, Indiana, Iowa, Minnesota, Pennsylvania, Ohio,
Alabama, and Tennessee, have expended large sums of money by
erecting monuments therein and otherwise beautifying the same: It is
therefore
R e s o l v e d , That the legislature of the State of Wisconsin respectfully
asks and urges the Congress of the United States to enact at the
earliest moment practicable said bill (H. R. 39) into law, so as to
enable as many people as possible to visit this beautiful park, made
historic by one of the most sanguinary battles fought during the
civil war.
R e s o l v e d , That a copy of these resolutions be transmitted by the
secretary of state to the Senate of the United States and to the House
of Representatives of .the United States and to each of the Senators
and Representatives from this State.
F. E.

J o h n S trange ,
P r e s id e n t o f th e S en a te,
A nd rew s,

C h ie f C lerk

J ? 'IT
I
C IT CrT»TTT?
.

o f th e

S en a te.

L. H.

B an croft,
S p ea k er o f th e A ss e m b ly .

C h i e f C le r k o f t h e A s s e m b l y .

M r. S T E P H E N S O N p re s e n te d a p e titio n o f tb e T w e n tie th
C e n t u r y C l u b , o f O s h k o s h , W is ., a n d a p e t i t i o n o f t h e Con­
sumers’ L e a g u e o f M i l w a u k e e , W is ., p r a y i n g f o r t h e p a s s a g e
o f t h e s o - c a l l e d “ c h i l d r e n ’s b u r e a u ” b i l l , w h i c h w e r e o r d e r e d
to lie o n t h e ta b le .
H e a ls o p r e s e n te d p e titio n s o f L o c a l L o d g e N o. 300, o f L a
C ro s s e ; o f L o c a l L o d g e N o . 041, o f S te v e n s P o i n t ; a n d o f L o c a l
L o d g e N o . 962, o f K a u k a u n a , a ll o f th e B e n e v o le n t a n d P r o ­
te c tiv e O r d e r o f E lk s , in t h e S t a t e o f W is c o n s in , p r a y in g f o r t h e
e n a c tm e n t o f le g is la tio n to c r e a te a n a tio n a l r e s e r v e in th e
S t a te o f W y o m in g f o r t h e c a r e a n d m a in te n a n c e o f t h e A m e r­
i c a n e lk , w h i c h w e r e r e f e r r e d t o t h e C o m m i t t e e o n F o r e s t R e s ­
e rv a tio n s a n d th e P ro te c tio n o f G am e.
H e a l s o p r e s e n t e d a p e t i t i o n o f t h e C o n s u m e r s ’ L e a g u e o f M il­
w a u k e e , W is ., a n d a p e t i t i o n o f t h e T w e n t i e t h C e n t u r y C l u b o f
O s h k o s h , W is ., p r a y i n g f o r t h e e n a c t m e n t o f l e g i s l a t i o n p r o v i d ­
in g f o r a u n if o r m n a tio n a l a g e s t a n d a r d f o r c h ild la b o r , w h ic h
w e re r e f e r r e d to th e C o m m itte e o n E d u c a tio n a n d L a b o r.
M r. F R Y E p r e s e n te d a p e ti t io n o f L o c a l L o d g e N o . 18S, B e n e v ­
o l e n t a n d P r o t e c t i v e O r d e r o f E l k s , o f P o r t l a n d , M e ., p r a y i n g
f o r th e e n a c tm e n t o f le g is la tio n to c r e a te a n a tio n a l r e s e r v e in
t h e S t a te o f W y o m in g f o r th e c a r e a n d m a in te n a n c e o f t h e
A m e r i c a n e lk , w h i c h w a s r e f e r r e d t o t h e C o m m i t t e e o n F o r e s t
R e s e rv a tio n s a n d th e P ro te c tio n o f G am e.
M r. B U R N H A M p re s e n te d a p e titio n o f L o c a l L o d g e N o . 1S4,
B e n e v o le n t a n d P r o t e c t i v e O r d e r o f E lk s , o f D o v e r , N . H ., p r a y ­
in g f o r t h e e n a c tm e n t o f le g is la tio n to c r e a t e a n a ti o n a l r e s e r v e
in th e S ta te o f W y o m in g f o r t h e c a r e a n d m a in te n a n c e o f t h e
A m e r i c a n e lk , w h i c h w a s r e f e r r e d t o t h e C o m m i t t e e o n F o r e s t
R e s e rv a tio n s a n d th e P ro te c tio n o f G a m e.
M r. K E A N p r e s e n te d a m e m o r ia l o f t h e L e h ig h V a lle y L o d g e
N o. 6 01, B r o th e r h o o d o f L o c o m o tiv e E n g in e e r s , o f J e r s e y C ity ,
N . J ., r e m o n s tr a tin g a g a in s t th e e n a c tm e n t o f a n y le g is la tio n
in im ic a l to th e r a ilr o a d in te r e s ts o f th e c o u n tr y , w h ic h w a s
r e f e r r e d t o t h e C o m m itte e o n I n t e r s t a t e C o m m e rc e .
H e a ls o p r e s e n te d p e titio n s o f L o c a l L o d g e N o. 848, o f M o u n t
H o lly ; o f L o c a l L o d g e N o. 1075, o f R a h w a y ; o f L o ca l L o d g e
N o . 434, o f B a y o n n e ; o f L o c a l L o d g e N o. 74, o f H o b o k e n ; o f
L o c a l L o d g e N o. 1070, o f L a m b e rtv ille ; a n d o f L o c a l L o d g e
N o 324, o f N e w B ru n s w ic k , a ll o f th e B e n e v o le n t a n d P r o te c t­
iv e O r d e r o f E l k s , i n t h e S t a t e o f N e w J e r s e y , p r a y i n g f o r t h e
e n a c tm e n t o f le g is la tio n to c r e a te a n a tio n a l r e s e r v e in th e S ta te
o f W y o m in g f o r t h e c a r e a n d m a in te n a n c e o f t h e A m e r ic a n e lk ,
w h i c h were r e f e r r e d t o t h e C o m m i t t e e o n F o r e s t R e s e r v a t i o n s
a n d th e P ro te c tio n o f G am e.
M r. N E L S O N p re s e n te d a p e titio n o f L o c a l L o d g e N o . 342,
B e n e v o le n t a n d P r o t e c t i v e O r d e r o f E lk s , o f C r o o k s to n , M in n .,
a n d a p e titio n o f L o c a l L o d g e N o. 44, B e n e v o le n t a n d P r o te c t­
i v e O r d e r o f E l k s , o f M i n n e a p o l i s , M i n n ., p r a y i n g f o r t h e e n a c t ­
m e n t o f le g is la tio n to c r e a te a n a tio n a l r e s e r v e in t h e S ta te o f
W y o m in g f o r t h e c a r e a n d m a in te n a n c e o f t h e A m e r ic a n e lk ,
w h ic h w e r e r e f e r r e d to th e C o m m itte e o n F o r e s t R e s e r v a tio n s
a n d th e P ro te c tio n o f G am e.

M
ILITARY ACADEM A
Y PPRO
PRIATIO BILL.
N
M r. S C O T T .
I s u b m it a c o n fe re n c e re p o rt, a n d a s k f o r its
a d o p tio n ; a n d I a ls o a s k to h a v e t h e r e p o r t p r in te d .




3710

Mae oh 3 ,

CONGRESSIONAL RECORD— SENATE.

T h e V IC E -P R E S ID E N T . T h e S e n a to r fro m W e s t V irg in ia
s u b m its a c o n fe re n c e r e p o rt, w h ic h w ill b e r e a d .
T h e re p o rt w a s re a d , a s fo llo w s :
T h e c o m m i tt e e o f c o n f e r e n c e o n t h e d i s a g r e e i n g v o t e s o f t h e
t w o H o u s e s o n t h e a m e n d m e n t s o f t h e S e n a t e to t h e b i ll ( H . R .
2 8059) m a k in g a p p r o p r ia tio n s fo r th e s u p p o r t o f th e M ilita ry
A c a d e m y f o r t h e fis c a l y e a r e n d in g J u n e 30, 1 9 1 0 , a n d f o r o t h e r
p u r p o s e s , h a v i n g m e t, a f t e r f u l l a n d f r e e c o n f e r e n c e h a v e a g r e e d
t o r e c o m m e n d a n d d o r e c o m m e n d t o t h e i r r e s p e c t iv e H o u s e s a s
f o llo w s :
T h a t t h e S e n a te r e c e d e f r o m i t s a m e n d m e n t s n u m b e r e d 14,
1 6 , IS , 20. a n d 2 6.
T h a t th e H o u s e re ce d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t s o f t h e S e n a t e n u m b e r e d 1, 2, 3, 4 , 5, 6 , 11, 12, 13, 15,
1 9 , 22, 23, 25, 29, a n d 3 0 , a n d a g r e e t o t h e s a m e .
T h a t t h e H o u s e r e c e d e f r o m i t s d i s a g r e e m e n t to t h e a m e n d ­
m e n t o f t h e S e n a t e n u m b e r e d 7, a n d a g r e e to t h e s a m e w i t h a n
a m e n d m e n t a s f o l l o w s : I n l ie n o f t h e a m o u n t p r o p o s e d in s a i d
a m e n d m e n t i n s e r t “ o n e t h o u s a n d ; ” a n d t h e S e n a t e a g r e e to
th e sam e.
T h a t th e H o u s e re c e d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f t h e S e n a t e n u m b e r e d 8, a n d a g r e e t o t h e s a m e w i t h a n
a m e n d m e n t a s f o l l o w s : I n l ie n o f a m o u n t p r o p o s e d in s a i d
a m e n d m e n t in s e r t “ t h r e e ; ” a n d th e S e n a te a g re e to th e sa m e.
T h a t th e H o u s e re ce d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f t h e S e n a t e n u m b e r e d 9, a n d a g r e e t o ' t h e s a m e w i t h a n
a m e n d m e n t a s f o l l o w s : I n l ie u o f a m o u n t p r o p o s e d in s a i d
a m e n d m e n t in s e r t “ tw e n ty -s ix th o u s a n d e ig h t h u n d r e d a n d se v ­
e n ty - th r e e ; ” a n d th e S e n a te a g re e to th e sam e.
T h a t th e H o u s e re c e d e fro m i ts d is a g re e m e n t to th e a m e n d ­
m e n t o f t h e S e n a t e n u m b e r e d 1 0, a n d a g r e e t o t h e s a m e w i t h
a n a m e n d m e n t a s f o l l o w s : I n l ie u o f a m o u n t p r o p o s e d in s a i d
a m e n d m e n t i n s e r t “ o n e t h o u s a n d fiv e h u n d r e d ; ” a n d t h e S e n ­
a te a g re e to th e sam e.
T h a t t h e H o u s e r e c e d e f r o m i t s d i s a g r e e m e n t to t h e a m e n d ­
m e n t o f t h e S e n a t e n u m b e r e d 17, a n d a g r e e t o t h e s a m e w i t h
a n a m e n d m e n t a s f o l l o w s : I n lie u o f m a t t e r p r o p o s e d in s a i d
a m e n d m e n t i n s e r t “ F o r fiv e s m a ll e l e c t r i c m o to r s , a t o n e h u n ­
d r e d d o l l a r s e a c h , fiv e h u n d r e d d o l l a r s ; ” a n d t h e S e n a t e a g r e e
to th e sam e.
T h a t th e H o u s e re c e d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f t h e S e n a te n u m b e r e d 2 1 , a n d a g r e e t o t h e s a m e w i t h
a n a m e n d m e n t a s f o l l o w s : I n lie u o f a m o u n t p r o p o s e d in s a i d
a m e n d m e n t in s e r t “ tw e n ty - f o u r th o u s a n d a n d t h i r t y - t h r e e ; ”
a n d th e S e n a te a g re e to th e sa m e .
T h a t th e H o u s e re c e d e fro m i ts d is a g re e m e n t to th e a m e n d ­
m e n t o f th e S e n a te n u m b e re d 24, a n d a g r e e to th e sa m e w ith
a n a m e n d m e n t a s f o l l o w s : I n l ie u o f a m o u n t p r o p o s e d in s a i d
a m e n d m e n t i n s e r t “ e ig h t h u n d r e d a n d tw o th o u s a n d n in e h u n ­
d r e d a n d e ig h ty - s ix ; ” a n d th e S e n a te a g r e e to th e sa m e .
T h a t th e H o u s e re c e d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f th e S e n a te n u m b e re d 27, a n d a g r e e to t h e s a m e w i t h a n
a m e n d m e n t a s f o l l o w s : I n l ie u o f a m o u n t p r o p o s e d in s a i d
amendment i n s e r t “ o n e t h o u s a n d fiv e h u n d r e d d o l l a r s , ” so t h a t
t h e a m e n d m e n t w i l l r e a d : “ F o r p r e s e r v i n g a n d m a r k i n g R e v o lu ­
t i o n a r y f o r t s , r e d o u b ts , a n d b a t t e r i e s , a n d o t h e r h i s t o r i c s ite s ,
s itu a te d w ith in th e lim its o f th e W e s t P o in t M ilita r y R e s e rv a ­
t io n , o n e t h o u s a n d fiv e h u n d r e d d o l l a r s ; ” a n d t h e S e n a te
a g re e to th e sam e.
T h a t th e H o u s e re ce d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f t h e S e n a t e n u m b e r e d 28, a n d a g r e e to t h e s a m e w i t h a n
a m e n d m e n t a s f o l l o w s : I n lie u o f a m o u n t p r o p o s e d i n s a i d
a m e n d m e n t , i n s e r t “ t w e n t y - e i g h t t h o u s a n d fiv e h u n d r e d a n d
th ir ty - f iv e ; ” a n d th e S e n a te a g re e to th e sa m e .

N. B. S cott,
J. A. H emekwat ,
M urphy J . F oster,
Managers on the part of the Senate.
J. A. T. H

a c c o m p a n y in g c o n fe re n c e
S e n a te , n a m e l y :

Managers on the part of the House.

STA EN
TEM T,
T h e m a n a g e rs o n th e p a r t o f th e S e n a te a t th e c o n fe re n c e
o n t h e d i s a g r e e i n g v o t e s o f t h e t w o H o u s e s o n t h e b i ll i l l . R .
2 S S m a k in g a p p r o p r ia tio n s fo r th e s u p p o r t o f th e M ilita ry
05 ))
A c a d e m y f o r t h e f is c a l y e a r e n d in g J u n e 3 0 , 1 910, a n d f o r o t h e r
p u r p o s e s , s u b m i t t h e f o llo w in g w r i t t e n s t a t e m e n t in e x p l a n a t i o n
o f t h e e f fe c t u p o n t h e t o t a l a p p r o p r i a t i o n c a r r i e d b y t h e b i ll
r e s u l t i n g f r o m t h e a c t i o n a g r e e d u p o n a n d s u b m i t t e d in t h e

on

th e

a m e n d m e n ts

of

th e

A m o u n t o f b i ll a s p a s s e d b y S e n a t e _______________ $ 2 ,5 4 1 ,4 2 1 , 3 3
A m o u n t s d r o p p e d in c o n f e r e n c e :
P a y o f s te n o g ra p h e r a n d ty p e w r ite r
$ 1 0 0 .0 0
i n a d j u t a n t ’s o ffice _______________
5 0 0 .0 0
E x p e n s e s o f B o a r d o f V i s i t o r s ____
T y p e s e t t i n g m a c h i n e _______________ 3 , 7 0 0 .0 0
P a p e r - c u t t i n g m a c h i n e ______________
7 0 0 .0 0
O n e s m a ll e l e c t r i c m o t o r _________ __
1 0 0 .0 0
C lo s e ts f o r s to c k a n d office f u r ­
n i t u r e ______________________________
0 0 0 .0 0
L a n d s c a p e i m p r o v e m e n t ____________ 2 , 5 0 0 .0 0
P r e s e r v i n g a n d m a r k i n g R e v o lu ­
t i o n a r y f o r t s , e t c __________________ 1 , 7 0 0 .0 0
----------------9 ,9 0 0 .0 0
A m o u n t o f b i ll a s r e p o r t e d b y c o n f e r e e s _________

2 , 5 3 1 ,5 2 1 . 3 3

T o ta ls c a r r ie d u n d e r e a c h h e a d in g in b ill a s
re p o rte d b y c o n f e r e e s :
P e r m a n e n t e s t a b l i s h m e n t ( n o t c h a n g e d ) ____
E x t r a p a y o f o ffic e rs o n d e t a c h e d s e r v i c e
( n o t c h a n g e d ) ________________________________
P a y o f e n l i s t e d m e n ( n o t c h a n g e d ) _________
P a y o f c i v i l i a n s ( d e c r e a s e d $ 1 0 0 ) ____________
C u rre n t a n d o rd in a ry e x p en ses (d e c re a se d
$ 5 , 6 0 0 ) ________________________________________
M i s c e lla n e o u s i t e m s a n d i n c i d e n t a l e x p e n s e s
( n o t c h a n g e d ) ________________________________
B u i l d i n g s a n d g r o u n d s ( d e c r e a s e d $ 4 ,2 0 0 ) __

5 2 ,0 8 0 .0 0
1 ,7 2 8 ,5 3 5 .0 0

A m o u n t o f b i l l a s r e p o r t e d b y c o n f e r e e s _________

2, 531, 5 2 1 . 3 3

3 3 1 , 8 0 0 .0 0
2 9 , 3 0 0 .0 0
1 8 8 ,4 1 5 . 33
7 7 ,3 5 8 .0 0
1 2 4 , 0 3 3 .0 0

N. B. S cott,
J. A. H emenway ,
Murphy J. Foster,
Managers on the part of the Senate.
T h e V I C E - P R E S I D E N T . T h e S e n a t o r f r o m W e s t V i r g i n ia
a s k s fo r th e p r e s e n t c o n s id e ra tio n o f th e c o n fe re n c e re p o rt.
M r . C L A R K E o f A r k a n s a s . I o b je c t, M r . P r e s i d e n t .
T h e V I C E - P R E S I D E N T . T h e q u e s t i o n is f o r t h e S e n a t e t o
d e te r m i n e . S h a l l t h e S e n a t e p r o c e e d t o t h e c o n s i d e r a t i o n o f t h e
c o n fere n ce re p o rt?
M r. C L A R K E o f A r k a n s a s . O n t h a t m o ti o n I c a l l f o r t h e
y e as a n d nay s.
T h e y e a s a n d n a y s w e re o rd e re d , a n d th e S e c re ta ry p ro c e e d e d
t o c a l l t h e r o ll.
M r . C L A R K o f W y o m in g ( w h e n h i s n a m e w a s c a l l e d ) . I
h a v e a g e n e ra l p a ir w ith t h e s e n io r S e n a to r fro m M is s o u ri [M r.
S tone ]. I n t h e a b s e n c e o f t h a t S e n a t o r , I w i t h h o l d m y v o te .
T h e r o l l c a ll w a s c o n c lu d e d .
M r. C L A R K o f W y o m in g .
I a n n o u n c e d m y p a ir w ith th e s e n io r
S e n a t o r f r o m M i s s o u r i [ M r . S tonf.1. I t r a n s f e r t h a t p a i r to t h e
s e n i o r S e n a t o r f r o m N e w Y o r k [ M r . P latt ] a n d v o t e “ y e a . ”
M r. C L A Y .
I w i s h t o a n n o u n c e t h a t m y c o ll e a g u e [ M r .
B acon] is p a i r e d d u r i n g t h e r e m a i n d e r o f t h e s e s s io n w i t h the
j u n i o r S e n a t o r f r o m N e v a d a [ M r . Nixon].
T h e r e s u l t w a s a n n o u n c e d — y e a s 4 7 , n a y s 4, a s f o l l o w s :

Beveridge
Borah
Brandegee
Brown
Burkett
Burnham
Burrows
Clark, W
yo.
Clarke, Ark.
Clay
Crane
*
Culberson

ull,

A. B. Capron,
W m. S ulzer,

re p o rt

Clapp
Aldrich
Ankeny
Bacon
Bailey
Bankhead
Bourne
Briggs
Hulkeley
('urter
Davis
Depew

Cullom
Cummins
Curt Is
Daniel
Dixon
Frazier
Frye
Fulton
Gallinger
Gamble
Gary
Guggenheim

YEAS—47.

Ilansbrough
1lemenway
lleyburn
Kean
Klttredge
La Follette
Lodge
Long
M
cCum
ber
McLaurin
Martin
Milton
NAYS—4.
Johnston
Gore
NOT VOTING—41.
M
cCreary
Dick
Dillingham
McEnery
Dolliver
Newlanus
Nixon
du Font
Penrose
Elkins
Perkins
Flint
Tiles
Foraker
P l a tt
Foster
Kayner
Hale
Simmons
Hopkins
Knox
Smith, M
ich.

M
oney
Nelson
Overman
Owen
Pagfi”
Richardson
Scott
Smith, M
d.
Smoot
Sutherland
W
etmore
Taynter
Stephenson
Stone
Taliaferro
Taylor
Teiler
Tillman
Warner
W
arren

S o t h e m o ti o n w a s a g r e e d to , a n d t h e S e n a t e p r o c e e d e d
c o n s i d e r a t i o n o f t h e c o n f e r e n c e r iq io r t.

1009.

CONGRESSIONAL RECORD— SENATE.

o f T a r q u in iu s S u p e rb u s a n d a ll th e h o r r o r s o f th e e a r ly k in g s
o f R o m e ; b u t t h a t w o n d e r f u l m a n O c ta v iu s , c a lle d A u g u s tu s ,
a t t h e a g e o f 18 r e tu r n e d fr o m sc h o o l a n d f o r m e d a c o a litio n
t h a t d e f e a t e d t h e f i r s t t r i u m v i r a t e a n d t h e n d e f e a t e d h i s c o lle a g u e s a n d b e c a m e t h e m a s te r o f R o m e . H e c o u ld n o t re c e iv e ;
th e title o f re x , b u t h e w a s th ir te e n tim e s n a m e d c o n s u l a n d
re p e a te d ly im p e r a to r .
S o th o s e p e o p le lo s t t h e i r lib e r tie s .
“ E te r n a l v ig ila n c e is th e p r ic e o f lib e r ty .” a n d i t s p e n a lty is
th e lo s s o f lib e r ty .

3717

CAKE OF DEPENDENT CHILDREN.

M r . O W E N . I a s k p e r m i s s i o n t o p r e s e n t a l i t t l e r e s o l ui t i o n
tio n
p r o v i d i n ,- f o r , t h e p r i n .t.i n g o f 5 - 0 0 c o - i e s o f t h e r e p o r t o f t h e
g
,0
p
th e
~
, ^ ,re J ^ £ c o n f e r e n c e , i f t h e r e i s n o o b j e c t i o n ,
E e t u s h e a r it re a d ,
T h e V IC E -P R E S ID E N T . T h e S e c r e ta r y w ill r e a d th e re s o ­
lu tio n .
T h e S e c r e ta r y r e a d th e re s o lu tio n , a s f o llo w s :

O r d e r e d , That there be printed 5,000 copies of the report of the
I a m la y in g a f o u n d a tio n f o r m y a n s w e r to th e q u e s tio n b y
conference on the care of dependent children (S. Doc. No. 721, 60th
t h i s e x c e e d i n g l y b r i e f a n d c u r s o r y r e t r o s p e c t o f a n c i e n t h i s t o r y . Cong., 2d sess.), of which 1.000 shall be for the use of the Senate and
N o p e o p le o n e a r t h h a v e e v e r b e e n a b le to e s t a b l i s h p o p u la r
4,000, of which number 500 shall be bound in cloth, shall be for the
lib e rty .
I h a v e s h o w n w h a t i t w a s u n d e r t h e m o s t a r t i f i c i a l use of the conference.
M r. K E A N . I s th e r e a n e s tim a te a c c o m p a n y in g th e re s o lu ­
f o r m o f g o v e r n m e n t in t h e w o r ld — t h e m o s t d iffic u lt to m a in ­
tio n ?
S h o u ld i t n o t g o to t h e C o m m itte e o n P r in tin g ?
ta in
a n d c o n s e q u e n tly o u r fo r m o f g o v e r n m e n t h a s n o t b e e n
T h e V I C E - P R E S I D E N T . W ill t h e p r i n ti n g c o s t le s s t h a n
im ita te d b y n a tio n s w h o h a v e a n y s o r t o f c a p a c ity f o r a c h ie v ­
i n g s u c c e s s , n o t b e c a u s e t h e t h e o r y w a s n o t g o o d , b u t b e c a u s e ^500?
M r. O W E N . T h e e s tim a te sh o w s t h a t th e c o s t w ill b e le s s
th e th e o r y o f g o v e r n m e n t w a s to o g o o d . I n o th e r w o rd s , i t is r
t h a n $500.
i m p r a c t i c a b l e , j 'u s t a s t h a t d i s t i n g u i s h e d C h i n e s e s t a t e s m a n a n d
T h e re s o lu tio n w a s c o n s id e re d b y u n a n im o u s c o n s e n t a n d
a m b a s s a d o r, W u , in a c e le b ra te d le t t e r w r itte n f o u r v e a r s ag o ,
s ta te d w h y h e w a s a h e a th e n .
H e sa id :
a g r e e d to .

__£here ia no objection to Christianity as a theory, but as something
practical it is entirely out of the question. We tried such a system in
China five or six thousand years ago, but we had to get a philosophy
<P
.e°P^e could live up to. No people ever obey the precepts of
the Christian religion ; the whole system is a failure. Theoretically it
is all right, but practically it is a failure.

CONGKESSIONAL DIBECTOBY.

~ M tT k E A N . W i l l t h e S e n a t o r f r o m M i s s i s s i p p i y i e l d t o m e
to m a k e a r e p o r t fr o m th e C o m m itte e to A u d it a n d C o n tr o l th e
C o n tin g e n t E x p e n s e s o f th e S e n a te ?
M r. M O N E Y . C e rta in ly .
M r. K E A N . I a m d ir e c te d b y t h e C o m m itte e to A u d it a n d
C o n tro l t h e C o n tin g e n t E x p e n s e s o f th e S e n a te , to w h o m w a s
r e f e r r e d S e n a te re s o lu tio n N o. 308, s u b m itte d b y t h e S e n a to r
f r o m F l o r i d a [ M r . Milton] o n t h e 2 7 t h u l t i m o , t o r e p o r t I t w i t h ­
o u t a m e n d m e n t. L e t th e re s o lu tio n b e re a d .
T h e re s o lu tio n w a s re a d , a s fo llo w s :

So it h a s p ro v e n h e re to fo re w ith th e g o v e rn m e n t o f th e
p e o p le b y th e m s e lv e s .
M r. T IL L M A N .
W ill t h e S e n a to r p a r d o n m e ?
M r. M O N E Y .
C e rta in ly .
M r. T IL L M A N .
I d o n o t k n o w w h e th e r o th e r s a r e a s d e e p ly
i n te r e s te d in t h i s d is c u s s io n a s I a m , b u t I k n o w th e r e is n o t a
q u o ru m in th e C h a m b e r, a n d I th in k w e o u g h t to h a v e m o re
S e n a to r s h e ro to h e a r o u r le a r n e d f rie n d , b e c a u s e h e k n o w s
I t e B o l v e d . That the Committee on Printing be, and hereby is, author­
ized to have prepared and published an edition of the Congressional
m o re a b o u t t h is q u e s tio n , p e r h a p s , t h a n a n y o th e r m a n in th e
Directory for the use of Congress at Its forthcoming extra 'session,
S e n a te o r in th e c o u n try .
! copies of which shall he laid on the desks of Members within one week
M r. M O N E Y .
I h o p e t h e S e n a to r w ill n o t c a ll S e n a to r s in
from the assembling thereof. And the Secretary of the Senate is di­
A ll a r e h e r e w h o w a n t to h e a r m e.
rected to pay from the contingent fund for compiling, editing, and in­
dexing the said edition the compensation usually allowed.
M r. T IL L M A N .
W e w ill b r i n g t h e b a la n c e in f o r a tim e
anyw ay.
M r. M IL T O N .
I a s k f o r th e im m e d ia te c o n s id e ra tio n o f th e
M r. M O N E Y .
I d o n o t w a n t a n y m a n to h e a r m e w h o d o e s ! re s o lu tio n .
n o t w a n t to h e a r m e. T h e m o st r e p u g n a n t th in g to a s p e a k e r
T h e re s o lu tio n w a s c o n s id e re d b y u n a n im o u s c o n s e n t a n d
is a r e lu c ta n t a u d ie n c e .
I t is lik e —
a g r e e d to .

A twice-told tale
Vexing the dull ear of a drowsy man.

BEVISION AND CODIFICATION OF LAWS.

M r. K E A N .
I a m a ls o d ir e c te d b y t h e C o m m itte e to A u d it
I d o n o t w a n t a n a u d ie n c e w h o d o n o t w a n t to h e a r m e.
a n d C o n tro l t h e C o n tin g e n t E x p e n s e s o f t h e S e n a te , to w h o m
M r. T IL L M A N . A g r e a t m a n y d o n o t k n o w t h a t th e S e n a to r
w a s r e fe r r e d th e j o in t r e s o lu tio n (S . R . 1 4 0 ) to c r e a te a jo in t
Is s p e a k in g .
c o m m itte e to c o n s id e r th e re v is io n a n d c o d ific a tio n o f t h e la w s
M r. M O N E Y .
I d o n o t f l a t t e r m y s e lf t h a t a n y b o d y w a n t s to
I w ill
h e a r m e n o w , b u t I w a n t to a n s w e r t h e S e n a to r f r o m O h io , i f o f th e U n ite d S ta te s , to r e p o r t i t w i t h o u t a m e n d m e n t.
a s k th e S e n a to r fro m Id a h o to m a k e so m e e x p la n a tio n o f th e
I h a v e tim e .
j o in t re s o lu tio n .
M r. T IL L M A N .
A ll S e n a to r s o n b o th s id e s w a n t to h e a r
' j I r H E Y B U R N . M r. P re s id e n t, th e jo in t re s o lu tio n is s im ­
th a t.
I d o . I m a k e t h e p o in t t h a t th e r e is n o q u o ru m p re s e n t.
M r. H E Y B U R N .
M r. P r e s id e n t, I m a k e th e p o in t o f o r d e r , ila r to o n e t h a t h a s b e e n p a s s e d b y b o th H o u s e s a t th e e n d o f
e a c h C o n g re ss o rd e rin g t h a t th e w o rk a u th o riz e d so m e y e a r s
a g a i n s t t h e r e q u e s t o f t h e S e n a to r f r o m S o u th C a r o lin a .
a g o m ig h t b e c o n tin u e d .
T h e V IC E -P R E S ID E N T .
T h e S e c r e t a r y w ill c a ll t h e ro ll.
T h e w o rk c o n s is ts o f t h e re v is io n o f t h e s t a tu t e s o f th e
M r. H E Y B U R N .
I s h o u ld lik e to s t a t e m y p o in t o f o r d e r.
T h e r e h a s b e e n n o b u s in e s s t r a n s a c te d s in c e th e l a s t c a ll o f th e i U n ite d S ta te s , a n d I w o u ld s a y t h a t th e c o m m itte e h a s p ro ' c e e (| e d w i t h t h e w o r k u n t i l p e r h a p s t h r e e - f o u r t h s o f i t i s n o w
Senate.
I h a d a n e s tim a te fro m th o s e e n ­
M r. M O N E Y .
T h e S e n a to r Is m is ta k e n i f h e t h in k s t h a t m y | re a d y f o r c o n s id e r a tio n .
g a g e d u p o n i t w h ic h , I th in k , ju s tifie s m e in s a y in g t h a t i t c a n
sp e e c h is n o t b u s in e s s .
I t w ill
T h e V IC E -P R E S ID E N T .
T h e S e n a to r f r o m I d a h o is te c h ­ h e fin is h e d b v f a ll — a lo n g in S e p te m b e r o r O c to b e r.
d e p e n d s o m e w h a t o n t h e a m o u n t o f n e w b u s in e s s g iv e n to th e
n ic a lly c o r re c t, b u t u n d e r th e c ir c u m s ta n c e s t h e S e c r e ta r y w ill
c o m m itte e b y t h is C o n g re ss.
T h e la w s o f t h is C o n g re s s w ill,
c a ll t h e ro ll.
o f c o u r s e b e w r i t t e n i n t o t h e w o r k w h e n i t c o m e s in . I t s h o u l d
T h e S e c r e ta r y c a lle d th e ro ll, a n d t h e f o llo w in g S e n a to r s
a ll b e r e a d y to b e re p o rte d a t th e n e x t C o n g re ss. T h e r e w ill
a n s w e r e d to t h e i r n a m e s :
b e w r i t t e n ‘in to t h e c o d ific a tio n r e a l ly a ll t h e la w .
T h e b ill
A ld ric h
Curtis
He inonway
Page
u n d e r c o n s id e r a tio n c o m p o se s o n ly a s m a ll p a r t o f t h is g r e a t
Bankhead
IJick,
lleyburn
Paynter
Beveridge
Kean
Perkins
Dillingham
w o r k a n d i f t h e r e s o lu tio n is n o t p a s s e d a n d t h e c o m m itte e
Borah
Piles
Kittredge
Dixon
c o n tin u e d , o f c o u rs e i t w o u ld b e a g r e a t lo s s to th e G o v e rn ­
Knox
Bramlege*
Richardson
Doll Ivor
m ent
T h e w o rk w o u ld n e c e s s a r ily h a v e to b e a b a n d o n e d .
Scott
B ro w n
I.a Follette
Elkins
Simmons
Lodge
"U lk e le y
M r. K E A N .
I a s k t h a t th e jo in t re s o lu tio n b e p u t o n its
Flint
Smith. Md.
Long
B u r k e tt
Forakef
na?ji{lgC.
Smoot
McCreary
B u rn h a m
Foster
T h e V IC E -P R E S ID E N T . T h e S e n a to r fro m N e w J e r s e y a s k s
Stephenson
Garter
McCnmber
Frazier
C la p p
Stone
f o r th e p r e s e n t c o n s id e r a tio n o f th e j o in t re s o lu tio n .
McKnery
Frye
McLeurln
Sutherland
G la rk . W yo.
Fulton
Mr. C U L B E R S O N . W ith th e m eager in fo rm taition I h a v e , I
o n
Taliaferro
Martin
V *rke, Ark.
tialliiiger
object t o its presen t con sid eration .
Tillman
G lay
Milton
Gamble
Warner
Money
T h e V IC E -P R E S ID E N T .
O b je c tio n is m a d e to t h e p r e s e n t
Crane
Gore
Warren
Nelson
Guggenheim
Culberson
c o n s id e r a tio n o f th e j o in t r e s o lu tio n , a n d i t g o e s to t h e c a l­
Wetmore
Nixon
Lullom
Hale
e n d a r.
Owen
Hansbrough
Cummins
M r. K E A N s u b s e q u e n t ly s a i d : T h e S e n a t o r f r o m T e x a s [ M r .
S e v e n ty -o n e S e n a to r s h a v e a n T h e V IC E -P R E S ID E N T
G clbebson ] o b j e c t e d t o t h e j o i n t r e s o l u t i o n f o r c o n t i n u i n g th e '
a w e re d to th e ir n a m e s .
A q u o ru m o f th e S e n a te is p r e s e n t
_
c o m m is s io n o n th e r e v is io n o f th e la w s .
H e w ith d ra w s h is o b ­
'C h e S e n a t o r f r o m M i s s i s s i p p i w i l l p r o c e e d .
je c tio n , I u n d e r s ta n d , a n d I a s k f o r i ts p r e s e n t c o n s id e ra tio n .
M r. O W E N .
M r . P r e s i d e n t ------. . . . . .
M r. C U L B E R S O N .
In o rd e r t h a t I m ig h t in q u ire a s to th e
T h e V IC E -P R E S ID E N T . D o e s t h e S e n a t o r f r o m M i s s i s s i p p i
s t a t u s o f t h e c o m m i s s i o n , w h i c h a t o n e t i m e w a s i n existence t o
y ie ld to th e S e n a to r fro m O k la h o m a ?
c o d ify th e la w s , I o b je c te d to t h e c o n s id e r a tio n o f t h e r e s o lu ­
M r. M O N E Y . C e r ta in ly .




f




CONGRESSIONAL RECORD— SENATE.

3718

tio n . U n d e r s t a n d i n g n o w t h a t t h e c o m m is s io n i s n o lo n g e r in
e x is te n c e a n d t h a t t h e c o m m itte e o f t h e tw o H o u s e s a r e p r o ­
c e e d in g to t h e w o r k f o r m e r l y d o n e b y t h e c o m m is s io n , I w i t h ­
d r a w t h e o b je c tio n .
M r. G O R E . M r. P r e s i d e n t , I d e s i r e t o o b je c t.
T h e V I C E - P R E S I D E N T . T h e S e n a t o r f r o m O k la h o m a o b ­
j e c t s to t h e p r e s e n t c o n s i d e r a t i o n o f t h e j o i n t r e s o l u ti o n . I t
w i l l g o to t h e c a l e n d a r .

March 3,

r e f e r e n c e o f c l a im s .

M r. F U L T O N , f r o m t h e C o m m itte e o n C la im s , r e p o r t e d t h e
f o llo w in g r e s o l u ti o n ( S . R e s . 3 2 0 ) , w h ic h w a s c o n s i d e r e d b y
u n a n im o u s c o n s e n t a n d a g r e e d t o :

R e s o lv e d , That the claims of John M Jamieson (S. 105) ; John
.
Whittington (S. 168) ; Thomas MeCallister (S. 173) ; Henry R Bryan
.
(S. 267) ; M N. Bryan (S. 268) ; estate of James A. Suydam, de­
ary
ceased (8. 270) ; Orrm R Smith (S. 454) ; I. J. Humphreys (S.
.
488) ; W W Wright (S. 743) ; estate of Edward N. Peyton, deceased
. .
(S. 744) ; estate of M W Garrison, deceased (S. 745) ; estate of
. .
E PL Y E T O ST N G A E .
M O M N F E O R PH R
Abraham Cassell, deceased (S. 746) ; heirs of Jacob Hufty, deceased
(S. 812) ; heirs of George W Hockensmith, deceased (S. 813) ; estate
.
M r. K E A N , f r o m t h e C o m m itte e t o A u d i t a n d C o n tr o l t h e
of Patrick Dooling, deceased (8. 1056) ; the State of California for
C o n t in g e n t E x p e n s e s o f t h e S e n a te , r e p o r t e d t h e f o llo w in g r e s o ­ arms, ordnance and ordnance stores, quartermaster's supplies, medical
l u ti o n , w h ic h w a s c o n s i d e r e d b y u n a n im o u s c o n s e n t a n d property, signal property, and other stores, supplies, and property be­
longing to said State nnd furnished by the United States and lost or
a g r e e d to .
destroyed in the city of San Francisco, State of California, in the
Senate resolution 322.
earthquake of April IS. 1906, and the fire subsequent thereto (S. 1180) ;
R e s o l v e d , That the stenographic services employed by the_ Committee estate of Cyprian T. Jenkins, deceased (S. 1398) : Joseph II. Fesperon Printing upon matters referred to said committee be paid from the
contingent fund of the Senate.
M r. B U R N H A M . M r. P r e s i d e n t , I d e s i r e t o p r e s e n t tw o c o n ­ Brown. Kate D. Jarnagin. John Jacob Hubbard, and Georgia It. Teague,
heirs of M .T Hubbard, deceased (S. 2117); Frances A. Lacy, heir
ary .
fe re n c e re p o rts .
of William B. Lacy, deceased (S. 2170) ; estate of James M Hinton,
.
T h e V I C E - P R E S I D E N T . D o e s t h e S e n a t o r f r o m M is s is s ip p i deceased <S. 2318) ; W C M
. . organ (S. 2320) ; heirs of William
y i e l d t o t h e S e n a t o r f r o m N e w H a m p s h i r e to p r e s e n t a c o n f e r ­ Havnes Kilby, deceased IS. 2332) ; estate of Peter II. Knight (S.
2339) ; W J. Wlnsett (S. 2367) ; Sally B. Sands. Charlie M Sands,
.
.
en ce re p o rt?
B F. Sands, and A. T. Sands, heirs of Bird Sands, deceased (S. 2389) ;
M r. M O N E T . I y ie ld f o r t h e p r e s e n t a t i o n o f a c o n f e r e n c e heirs of Harriet G W
. oods, deceased (S. 2378) ; M M
rs. ercy C Harvey
.
(S. 2680) ; G R West (S. 2381) ; estate of Richard M Harrison, de­
. .
.
re p o rt.
ceased (S. 2776) ; estate of James L. M
iller (S. 2831) ; M
onroe Ste­
PENSIO A D IN R SE O PENSIO
NS N
C EA
F
NS.
vens (S. 2842) ; heirs and estate of George E. House, deceased (S.

M r. B U R N H A M s u b m i t t e d t h e f o llo w in g r e p o r t :
T h e c o m m itte e o n c o n f e r e n c e o n t h e d i s a g r e e i n g v o te s o f t h e
tw o H o u s e s o n t h e a m e n d m e n t o f t h e H o u s e to t h e b ill ( S . 9 2 7 8 )
g r a n tin g p e n s io n s a n d in c re a s e o f p e n s io n s to c e r ta in s o ld ie rs
a n d s a i l o r s o f w a r s o t h e r t h a n t h e c iv il w a r a n d to c e r t a i n
d e p e n d e n t r e l a t i v e s o f s u c h s o l d i e r s a n d s a i lo r s , h a v in g m e t,
a f t e r f u ll a n d fre e c o n fe re n c e h a v e a g re e d to re c o m m e n d a n d
d o r e c o m m e n d to t h e i r r e s p e c t iv e H o u s e s a s f o l lo w s :
T h a t t h e H o u s e r e c e d e f r o m i t s a m e n d m e n t to t h e b i ll o n p a g e
2. lin e s 7 t o 1 1, in c lu s iv e .
T h a t th e S e n a te re c e d e fro m its d is a g re e m e n t to th e a m e n d ­
m e n t o f t h e H o u s e o n p a g e 3, l i n e s 5 t o 8, in c lu s iv e , a n d a g r e e
to th e sam e.
T h a t t h e S e n a te r e c e d e f r o m i t s d i s a g r e e m e n t to t h e a m e n d ­
m e n t o f t h e H o u s e o n p a g e 3, l in e 11, a n d a g r e e t o t h e s a m e .
T h a t t h e S e n a te r e c e d e f r o m i t s d i s a g r e e m e n t t o t h e a m e n d ­
m e n t o f t h e H o u s e o n p a g e 4, lin e s 5 to 7, in c lu s iv e , a n d a g r e e
to th e sam e.
H enry E . B u r n h a m ,
C h a r l e s C u r t is ,
J a m e s P . T a l ia f e r r o ,

Managers on the part of the Senate.
H . C. L o u d e n s l a g e r ,
W m . H . D ra per.
W i l l i a m R ic h a r d s o n ,

Managers on the part of the House.

Thomas L. How, heir of James J. and Isaac S. How. deceased (S.
4004i ; estate of David C Hatnlli, deceased (S. 4038); estates of
.
W M Purcell and Martha Purcell, deceased (S. 4040) ; estate of
. .
Zeno T Harris, deceased (S. 4044) ; estate of John W McKissoek. de­
.
ceased (S. 4162) ; heirs of Bethel A Smith, deceased (S. 4254) ; heirs
.
of Peter Johnson (S. 4318) ; heirs of Joseph M
edina, deceased (S.
4343) ' trustees of the Methodist Episcopal Church of Middletown, M
d.
(S 4372) ; M E. W Williams (S. 4411) ; legal representatives of
rs.
.
Sarah Henson (S. 44G7); estate of William n. Fuqua <S. 4468) ; es­
tate of James T. Gaines, deceased (S, 4501).
Heirs of Josiah W
hite, deceased (S. 4636) ; M C Turner, Frank
ary .

dore Gebler, Lee W M Arthur L. Peck. Thomas D. Cas&
. ix,
nega. Joseph
de Lusignan, and Joseph H. Berger (S. 52281 ; heirs of Abner J.

II Waters, deceased (S. 6881); Capt. Edward Cahalan and the heirs
of Milton C Espey. Edmund P. W
ilcox, and Hampton L. Lee, deceased
18*6904): Benjamin F. Harris (S. 6968): Charles A. Davidson and
Charles M Campbell (S. 6982) ; estate of John W Anderson, deceased
.
(S 7085) ; William F. Gilluly for actual expenses incurred by him as
n United States commissioner of the northern district of the Indian

T h e r e p o r t w a s a g r e e d to .
p e n s io n s

and

in c r e a s e

of

p e n s io n s .

M r B U R N H A M s u b m i t t e d t h e f o llo w in g r e p o r t :
T h e c o m m i tt e e o f c o n f e r e n c e o n t h e d i s a g r e e i n g v o te s o f t h e
t w o H o u s e s o n t h e a m e n d m e n t o f t h e H o u s e t o t h e b ill ( S .
9 4 2 1 ) g r a n t i n g p e n s i o n s a n d i n c r e a s e o f p e n s io n s t o c e r t a i n
s o l d i e r s a n d s a i l o r s o f w a r s o t h e r t h a n t h e c iv il w a r a n d to
c e r t a i n w id o w s a n d d e p e n d e n t a n d h e lp l e s s r e l a t i v e s o f s u c h
s o l d i e r s a n d s a i l o r s , h a v i n g m e t, a f t e r f u l l a n d f r e e c o n f e r e n c e
h a v e a g re e d to re c o m m e n d a n d d o re c o m m e n d to t h e i r re s p e c ­
tiv e H o u s e s a s f o llo w s :
T h a t t h e H o u s e r e c e d e f r o m i t s a m e n d m e n t o n p a g e 1 , lin e s 6
t o 9, in c lu s iv e .
T h a t t h e H o u s e r e c e d e f r o m i t s a m e n d m e n t o n p a g e 2, l in e s 1
to 4 . in c lu s iv e .
T h a t t h e H o u s e r e c e d e f r o m i t s a m e n d m e n t o n p a g e 2 , l in e 7.
T h a t t h e H o u s e r e c e d e f r o m i t s a m e n d m e n t o n p a g e 2, l i n e 10.
T h a t t h e S e n a te r e c e d e f r o m i t s d i s a g r e e m e n t t o t h e a m e n d ­
m e n t o f t h e H o u s e o n page 2 , l in e 1 4, a n d a g r e e t o t h e s a m e .
H enry E. B u r n h a m ,
C h a r l e s C u r t is ,
J a m e s P . T a l ia f e r r o ,

Martha J. Siblev (S. 7708) ; M M Tullis (S. i<09) .
rs. ary
sentatives of Burgess Hammond, deceased (8. i<53) ; estate of Hamp­
ton Hudgens, deceased (S. 7825) ; trustees of the University Street
Primitive Baptist Church, of Nashville. Tenn (S. 7826); estate of
William P. Campbell, deceased (S, 7886) ; heirs of William W Davis,
.
deceased (S. 7887); heirs of Simon Rockwell, deceased (S. 7888)j
Lillie L Penrod (S. 7891); estate of George W Strailman. deceased
.
/q 7 8 9 3 ) ; heirs of Nash L Cox, deceased (S, 7902) ; heirs of James
.
r Conner deceased (S. 8037) ; Third Presbyterian Church of M
emphis,
Tenn (S’8038): Abner Souder (8.8041j ; heirs of G W Christen. .

surviving executor of Isaac R Trimble, deceased (S. 8162) : trustees of
.
trus
the First Presbyterian Church of W
arrensburg, M (S. 8168) : Barry
o.
County State of Missouri (S. 8169): Johnson County. State of Missouri
IS 8170) : Newton County, State of Missouri (S. 8171).
Fstnte of Willis Allman, deceased (S. 8172); estate of Jesse I age.
deceased (S. 8173) ; Andrew I* Shaw (S. 8182) ; M V R Davenport
.
rs. . .
8221) : heirs of Elizabeth Brinkley, deceased <S. 8236); heirs or
pstates'of R H. Groomes, James Cavert. and Obedinh Hurt, late of the
.
firm of Groomes. Cavert & Co., and others (S. 8237) ; heirs or estates
nf Tohn Derrvberry nnd Kizinh Derryberry. deceased, and others (»•
aooj>| • heirs of W W Lemmon and Elisabeth Chinn I.emmon, d e c e a s e d
. .

Managers on the part of the Senate.
H . C. L oudenslager,
W m . H . D ra per,
W i l l i a m R ic h a r d s o n ,

Managers an the part of the House.
T h e r e p o r t w a s a g r e e d to .

V (S
n
: neirs O jarnrs i. uruuiv. u n ■
I
aof Samuel Brockman, P. H. Porter, and Frederick ^lo°*’
8463) ; estate of George 11. Stovall (R8512): estate of W|mam mD
can deceased (S. 8513) ; Christian J. White, living, and the estates o
Jnmes 11. White and Elizabeth White, both deceased (8.
City Methodist Chapel, of Jnmes City County. 4 a. (8. 8W8) .
F. Parker (S. 8546) ; Wentworth Street Lutheran Church, of thanes

1009

CONGRESSIONAL RECORD— SENATE,

a s I h a v e h e a r d th e m m a d e a m o n th a g o o r a w e e k a g o ; a n d
th e y a r e m a d e w ith in c re a s in g fre q u e n c y a s th e d a y s a n d n o w
th e h o u r s g ro w f e w e r b e fo re h is d e p a r tu r e f r o m h is h ig h p la c e
a n d h is m ig h ty p o w e r.
M r. C L A P P .
Y es, “ p o w e r ; ” t h a t is th e w o rd .
M r. B E V E R I D G E . W e ll, M r. P r e s id e n t, i t r e m in d s m e o f a
f a c t o f h i s t o r y w ith w h ic h a ll s c h o o l c h ild r e n in A m e ric a a r e
f a m i l ia r , a n d t h a t is t h a t t h i s R e p u b lic h a s n e v e r h a d o n e s in g le
g r e a t P r e s id e n t w h o w a s n o t v io le n tly a s s a ile d a n d w r o n g fu lly
accu sed .
I t s t a r te d o u t w ith W a s h in g to n , a n d so d e s p e ra te b e ­
c a m e th e a tta c k s u p o n h im t h a t th e F a th e r o f h is C o u n try a c tu ­
a lly u tte r e d th e s e w o r d s : “ I w o u ld to G o d I w e re in m y g r a v e .”
I a m n o t s u r e b u t t h e le g is la tu r e o f o n e o r tw o o f th e S ta te s
p a s s e d r e s o lu tio n s o f c e n s u r e o f h im a t t h e c o n c lu s io n o f h is
se c o n d g r e a t a n d h is to ric a d m in is tra tio n , a n d c o n g ra tu la tin g
t h e c o u n tr y t h a t h is “ r e ig n ,” a s t h e y c a lle d it, w a s a t a n e n d .
T h e sa m e w a s tr u e o f A n d re w Ja c k so n .
I w a s r e a d i n g o n ly
t h e o t h e r d a y — I t h i n k i t w a s i n R h o d e s ’s r e m a r k a b l y s c h o l a r l y
H is to ry o f th e U n ite d S ta te s — t h a t w h e n a m e ssa g e o f th a t g r e a t
le a d e r o f th e D e m o c r a tic p a r t y w a s la id b e fo re th e le g is la tu r e
o f S o u th C a r o lin a i t w a s m e t w i t h h o o ts , je e r s , a n d la u g h te r .
M e n n o w liv in g r e m e m b e r w e ll th e b a s e a n d s c a n d a lo u s t h in g s
t h a t w e r e s a i d o f A b r a h a m L in c o ln . N o s h in in g m a r k e v e r
e sc a p e d th e d a rts .
I t is a p a r t o f g r e a t a c h ie v e m e n t— it is a n
in c id e n t o f a g r e a t c a r e e r — t h a t i t c o m p e ls a tt a c k .
T h a t h a s b e e n t r u e i n t h e c a s e o f T h e o d o r e R o o s e v e l t . Y e t,
M r. P r e s id e n t, w h o k n o w s th e n a m e s o f th e m e n w h o a s s a ile d
W a s h in g to n ?
T h e y k n e w th e ir n a m e s in t h a t d a y , b u t th e ir
b r ie f m e m o rie s a r e n o w f o r g o tte n . W h o k n o w s to -d a y , e v e n in
S o u th C a r o lin a , th e n a m e s o f th e m e n w h o sc o ffed a t A n d re w
J a c k s o n ? W h a t h a s b e c o m e o f t h e m e m o rie s o f th e t r a d u c e r s o f
A b r a h a m L in c o ln ?
I t is t r u e t h a t th e r e is n o th in g n e w u n d e r th e su n , a n d a s
h is to r y r e p e a te d its e lf in t h e c a s e o f W a s h in g to n , a n d o f J a c k s o n , a n d o f L i n c o l n , s o i t w i l l r e p e a t i t s e l f in t h e c a s e o f T h e o d o r e
R o o s e v e lt.
W h e n h is to r y s h a ll h a v e b e e n fu lly w r itte n , a n d
tim e h a s r e c e d e d so t h a t w e m a y h a v e t h e p e r s p e c tiv e o f
e v e n ts , it w ill b e fo u n d t h a t th e w o rd s o f th o s e w h o a s s a ile d
h is h is to r ic a d m in is tr a tio n w ill h a v e v a n is h e d a s a m e te o r fro m
t h e h e a v e n s o f h u m a n c h r o n ic le , w h ile h i s d e e d s s t a n d a c lu s te r
o f e te r n a l a n d e n d u rin g s ta rs .
M r. P re s id e n t, d u r in g t h is a d m in is tr a tio n , I s a y w ith o u t f e a r
o f su c c e ss fu l c o n tra d ic tio n , m o re g r e a t c o n s tru c tiv e la w s h a v e
b e e n p a s s e d , m o r e g r e a t r e f o r m s h a v e b e e n a d v a n c e d , t h a n in
a n y tw o a d m i n i s t r a t i o n s o f o u r h is to r y , s a v e o n ly t h a t w h ic h
fo llo w e d th e a d o p tio n o f t h e C o n s titu tio n a n d t h a t o f t h e w a r
p e r io d . W h y is i t t h a t h e h a s h e ld th e u n p a r a lle le d a f fe c tio n s
o f t h e A m e r i c a n p e o p le f o r s o m a n y y e a r s ?
I t is b e c a u s e h e
h a s g a th e r e d in to h is b r e a s t th e w is h e s , th e h o p e s, a n d th e
a s p i r a t i o n s o f t h e A m e r i c a n p e o p le , j u s t a s t h e g r e a t P r e s i d e n t s
I h a v e n a m e d d id b e fo re h im .
W e in t h i s C h a m b e r , a n d o t h e r
m e n e ls e w h e re , c a n a tt a c k th e P r e s id e n t h e r e a n d th e r e , b u t
th e g r e a t n in e ty m illio n s d o n o t h e a r th o s e c o m p la in ts ; th e y
d o n o t s e e th o s e a tt a c k s , a n d i f th e y d id , th e y w o u ld c o n d e m n
th e m .
I d o u b t n o t a tta c k s a s v ir u le n t a s th o s e m a d e o n W a s h in g to n
m m J e f f e r s o n a n d J a c k s o n a n d L in c o ln w ill b e m a d e a t a lik e
t i m e in h i s c a r e e r o n t h a t s p l e n d i d m a n , W i l l i a m I I . T a f t , t h e
w o rth y s u c c e s s o r o f T h e o d o re R o o s e v e lt; fo r, th o u g h w ith d iffe r­
e d m e t h o d s , h e , t o o , w i l l d o v a s t d e e d s , a n d t h e r e f o r e h e , to o ,
w ill a r o u s e v a s t a n im o s itie s a s w e ll a s w in g r e a t v ic to r ie s .
^ '» d h i s s t a t e s m a n s h i p w i l l b e a l o n g t h e l i n e s w h i c h F r o s i d e n t
R o o s e v e lt lia s p u r s u e d , w h ic h n e it h e r o f th e m c r e a te d , b u t w h ic h
R |‘e w o u t o f t i l e n e c e s s i t i e s o f t h e A m e r i c a n p e o p le . A n d I p r e d " - t n o w t h a t P r e s i d e n t T a f t ’s
to -m o rro w w ill b e tb e
l r * t s t e p in t h e v e r i f i c a t i o n o f t h i s p r o p h e c y .
w h a t y o u w ill o f th e c h a r a c t e r o f t h i s m a n , o f h is co n d u c t. n o o n e c a n q u e s tio n t h e f a c t t h a t h e h a s a c h ie v e d g r e a t l y ;
“ a t h e lia s w r o u g h t m ig h tily ; a n d t h a t h e h a s w r o u g h t fo r
b o p e r m a n e n t w e l f a r e o f a l l t h e p e o p le , r e g a r d l e s s o f e r e e d o r
£f>loi* o r p a r t y .
A t t h i s tim e , w h e n a fe w h o u r s w ill s e e h im
5tl’*I>ped o f f l o w e r t o p u n i s h o r r e w a r d , I w i l l n o l o n g e r s i t s i l e n t
su ffe r th e s e a c c u m u la te d a s s a u lts , a n d e s p e c ia lly w h e n I
‘♦‘m e m b e r t h a t m a n y o f t h e m w o u l d n o t h a v e b e e n m a d e e v e n
° » e s h o i. t y e a r a g o .
w i ■ .R A -IL E Y . M r. P r e s i d e n t , I s im p ly w a n t to s a y t h a t ,
b ile it is t r u e t h a t t h e w o r ld d o e s n o t re m e m b e r t h e n a m e s o f j
“ o s e w h o v ilif ie d W a s h in g to n a n d J a c k s o n , i t is e q u a lly t r u e
m it i t h a s f o r g o t t e n s o m e o f t h e g e n t l e m e n w h o d e l i v e r e d f « l - J
m m e u lo g ie s u p o n th e m .
t .,i.
a L D R IC H .
A ir. P r e s i d e n t , t h e d i s c u s s i o n w h i c h h a s
v , k 011 P l a c e t o - d a y , a n d t h e w i d e d i v e r g e n c e o f o p i n i o n s w h i c h I
r o f!‘
e x p r e s s e d , c o n firm m y ju d g m e n t n s to t h e w is d o m o f I
n i v< r r i,1K t h i s m e a s u r e t o t h e C o m m i t t e e o n t h e J u d i c i a r y .
I |
h a v e n o q u e s tio n a s to th e r i g h ts o f th e S e n a te , a n d I I




inuua
agrl

3739

a m n o t o n ly w illin g , b u t I b e lie v e i t is d e s ir a b le , t h a t w e s h o u ld
m a k e a n u n e q u iv o c a l d e c la r a tio n w ith r e f e r e n c e to th o s e r i g h ts
a t a n e a r ly d a te .
B u t t h is m a t t e r o f th e r e la tio n b e tw e e n t h e S e n a te a n d th e
e x e c u tiv e d e p a r tm e n ts is so im p o r ta n t a n d so d e lic a te t h a t t h is
a c tio n s h o u ld b e ta k e n a f t e r d e lib e ra tio n .
E v e ry w o rd w h ic h
th e S e n a te u s e s s h o u ld b e c a r e f u lly w e ig h e d . I s h o u ld n o t h a v e
m a d e th e m o tio n to r e f e r th e r e s o lu tio n to t h e J u d i c ia r y C o m ­
m itte e i f I w e r e n o t c e r t a i n t h a t t h a t c o m m itte e w o u ld g iv e th e
s u b je c t e a rly a n d c a r e f u l c o n s id e ra tio n a n d r e p o r t to th e S e n a te
so m e re s o lu tio n f o r th e a c tio n o f th e S e n a te t h a t w o u ld m e e t, I
b e li e v e , t b e a l m o s t u n a n i m o u s a p p r o v a l o f t h e S e n a t e .
M r. B A IL E Y . W ill th e S e n a to r fr o m R h o d e I s l a n d p e r m it
m e a q u e s tio n ?
M r. A L D R IC H . C e r ta in ly .
M r . B A I L E Y -. I a s s u m e f r o m w h a t t h e S e n a t o r s a y s a b o u t a
r e p o r t t h a t h e a g r e e s in th e m a in w ith t h e c o n te n tio n t h a t th e
h e a d s o f th e v a rio u s d e p a rtm e n ts a r e s u b je c t to th e c o m m a n d o f
th e S e n a te w ith re s p e c t to tb e in fo rm a tio n th e y p o sse ss.
M r. A L D R IC H .
T h a t is u n d o u b te d ly t r u e w ith r e f e r e n c e to
th e T r e a s u r y D e p a r tm e n t, a n d p ro b a b ly w ith m o s t o f th e o th e rs ,
b u t I th in k t h a t p ro p o s itio n s h o u ld h a v e th e c a r e f u l a tte n tio n
o f a c o m m itte e .
A ir. B A I L E Y . M r , P r e s i d e n t , i f I w e r e p e r f e c t l y c e r t a i n t h a t
i t w o u ld b e r e p o r te d b a c k a n d t h a t th e S e n a te w o u ld b e g iv e n
t h e o p p o r t u n it y to d e c id e it, I s h o u ld n o t b e so i n s i s t e n t .
The
S e n a to r fr o m R h o d e I s la n d d o e s n o t re c o g n iz e m o re th a n I d o
th e p ro p rie ty a n d e v e n tb e n e c e s s ity o f c o n s id e rin g th e s e th in g s
c a r e f u lly , b u t I a m n o t o n e o f th o s e w h o w a n t to b e so c a r e f u l
t h a t I n e v e r d o a n y th in g a t a ll.
M r. A L D R IC H .
I f I w e r e n o t a b s o lu te ly c o n fid e n t t h a t th e
C o m m itte e o n t h e J u d i c ia r y w o u ld r e p o r t u p o n t h i s m a t t e r a t
a n e a r ly d a y I s h o u ld n o t m a k e t h e m o tio n to r e f e r i t to t h a t
c o m m itte e .
A ir. B A I L E Y .
I m e r e ly w a n t to s a y to t h e S e n a to r t h a t t h a t
e n c o u r a g e s m e n o t t o b e li e v e , b u t t o k n o w , t h a t s o m e t h i n g w i l l
b e d o n e . O f c o u rs e if w e a d o p t tb e s u b s titu te o f th e S e n a to r
f r o m I o w a s o m e th in g w ill b e d o n e s p e e d ily , a n d i f t h a t f a ils ,
th e n w e s h a ll h a v e a r e p o r t f r o m t h e C o m m itte e o n t h e J u ­
d ic ia ry .
I w o u ld a g o o d d e a l r a t h e r h e a r a s ta te m e n t fro m th e
c h a i r m a n o f t h e J u d i c i a r y C o m m itte e , a lt h o u g h I d o n o t q u e s ­
tio n th e a u th o r ity o f th e S e n a to r fro m R h o d e I s la n d to sp e a k
f o r t h a t s id e .
A ir. A L D R I C H .
T h e c h a ir m a n o f th e c o m m itte e is p r e s e n t.
A ir. C L A R K o f W y o m i n g . P a r d o n m e ; I w a s o t h e r w i s e
engaged.
A ir. A L D R I C H .
I s ta te d t h a t if th is m a tte r w a s r e fe r r e d to
t h e J u d i c i a r y C o m m itte e I h a d n o q u e s tio n b u t t h a t th e c o m ­
m itte e w o u ld ta k e i t u p a t a n e a r ly d a y f o r c o n s id e r a tio n .
A ir. C L A R K o f W y o m i n g . I t h i n k t h e S e n a t o r m a y b e f u l l y
c o n v in c e d t h a t th e C o m m itte e o n t h e J u d i c ia r y w ill d o i t s f u ll
d u t y in t h e p r e m i s e s .
A ir. C U M M I N S .
A ir. P r e s i d e n t , I w i s h t o m a k e a n i n q u i r y o f
th e S e n a to r fro m T e x a s.
H a s h e a c c e p te d th e s u b s titu te I o f­
f e r e d in t h a t s e n s e , w h ic h w i t h d r a w s h is o w n r e s o lu tio n f r o m
th e c o n s id e r a tio n o f t h e S e n a te ?
M r. B A IL E Y . I f u n d e r t h e r u le I a m p e r m i t te d to d o so ,
a n d I t h in k I a m , I s h a ll w ith d r a w i t a n d v e r y c h e e r f u lly v o te
fo r th e r e s o lu tio n o f th e S e n a to r fro m Io w a .
A ir. C U M M I N S . U n d e r t h e a s s u r a n c e o f t h e S e n a t o r f r o m
R h o d e I s la n d , I m a y b e p e r m itte d to s a y t h a t I h a v e n o o b je c ­
tio n w h a ts o e v e r to a r e f e r e n c e to th e J u d i c i a r y C o m m itte e .
A ir. B A I L E Y . B u t t h e S e n a t o r f r o m I o w a s t i l l d e s i r e s a v o t e
o n i t n o w . I f h e d o e s n o t, I a m n o t w illin g to le t i t t a k e t h a t
c o u rse.
M r. A L D R I C H . I s u p p o s e t h e S e n a to r f ro m T e x a s w ill s u b ­
m it to a v o te o f th e S e n a te u p o n it.
M r. B A I L E Y .
U n d o u b te d ly I w ill h a v e t h a t to d o , a n d I
w ill h a v e to a b id e b y th e r e s u l t o f i t ; b u t w h a t I m e a n t to s a y
is . i f t h e S e n a t o r f r o m I o w a i s g o i n g t o w i t h d r a w h i s s u b ­
s titu te , th e n I s h a ll, o f c o u rse , in s is t u p o n m y o r ig in a l r e s o lu ­
tio n .
A ir. C U M A I I N S . I d o n o t w i t h d r a w m y s u b s t i t u t e .
A ir. B A I L E Y . T h e n t h a t i s u n d e r s t o o d .
M r. C U M M IN S .
B u t I su g g e st th a t, a s f a r a s I am co n ­
c e rn e d , I a m w illin g t h a t it s h a ll b e r e f e r r e d to t h e C o m m itte e
on th e J u d ic ia r y , to b e d e a lt w ith h e r e a f te r w h e n th e re p o rt
s h a ll b e m ad e.
I re c o g n iz e t h e d iffic u lty o f v o tin g u p o n t h e
p ro p o s itio n j u s t a t t h is m o m e n t. T h e r e a r e so m e S e n a to r s w h o
fe e l t h a t th e y h a v e n o t g iv e n th e s u b je c t t h a t s tu d y a n d a t t e n ­
tio n w h ic h it d e s e rv e s .
M r. C U L L O M ro se .
M r. A L D R I C H . I h o p e th e S e n a to r f r o m I llin o is w ill a llo w
a v o te to b e ta k e n .




CONGRESSIONAL RECORD— SENATE.

3740

March 3,

M r. P A Y N T E R ( w h e n h is n a m e w a s c a l l e d ) . I a n n o u n c e m y
p a i r w i t h t h e j u n i o r S e n a to r f r o m M is s o u r i [ M r , W a b n e b ] . I f
I t i s n o t m y p u rp o s e * M r. P re sid e t, t o e n t e r I B e w e r e p r e s e n t , I w o u ld v o te “ n a y . ”
T h e r o l l c a ll h a v in g b e e n c o n c lu d e d , t h e r e s u l t w a s a n ­
tB lS s n h i^ e f . £ s im p ly d e s i r e
-th a t,. In ,
a '^ e t f e W f ’ f a / . ' I ^ o r f e u f 'm f ile v ie w s e x p r e s s e d b y tly * " S e n a to r n o u n c e d — y e a s 52, n a y s 25, a s f o l l o w s :
t
f r o m ,R h o d e i s l a n d .
j*
AS—52.
T h is i i - a d e b a t a b l e q u o a ffo n , a n d y e t i t i s a q u e s tio n g f v a s t
M
cCum
ber
Gallinger
Clark, W
yo.
. ip o r ta p C g fe U ftin g W 4V re in tb g H ty o f p r o c e e d in g s ie r< S S o m e Aldrich
Nelson
Gam
ble
Beveridge
Crane
in
Guggenheim
l’age
B o ra h
Cullom
o f t h e a r g u m e n t s a d v a n c e d o n t h e flo o r in r e s p e c t t o t h i s p r o p o ­
Penrose
Hansbrough
Cummins
Bourne
s i t io n j n e e t w i t h m y a p p r o v a l ; o t h e r s d o n o t. . E v e n a s t o t h e Brandegee
Perkins
Ilemenway
Curtis
Piles
Ileyburn
Dick
s u b s t i t u t e o f f e r e d b y t h e S e n a t o r f r o m I o w a , I gam c o n c e iv e Briggs
Richardson
Hopkins
Dillingham
Brown
tb f f f a h e x c e p tio n o u g h t io b e m a d e
d ig lo f lijjtic
Scott
Dixon'
Kean
Bulkeley
a f f M f # In l l i b S t a t e D e p a r t m e n t l i n # in A s p e c t t o vp u f e l y m il i ­ Burkett
Smoot
Kittredge
du I’ont
Stephenson
Knox
Likins
t a r y a f f a i r s in t h e W a r D e p a r t m e n t a n d p u r e l y ''n a v a l a f f a i r s in Burnham
Sutherland
La Follette
Flint
t h e N a v y D e p a j i j n e n t > b u t a s to o t h e r m a t t e d t h e S e d a te o u g h t Burrows
W
arren
Lodge
Frye
Carter
! < v b ^ f u U * c o n s id e r th e m . a n f l^ \v h a to v e ? f a td ie n i» ~ to J ^ J a k e n
W
etmore
Long
Fulton
Clapp
w e a d d i n ^ e y ^ v a tl r t li o rf p p f o v a l b f l f f l
YS—25.
th e M e m b e rs o f th is b o d y w ith o u t/r ^ g a r d to a p y p a r tis a n q u e s­
Taliaferro
M
oney
Bailey
Frazier
Taylor
tio n .
y
Overman
Bankhead
Gary
Teller
Gore
-Q
ffgn
r u s t t h e m o tio n o f th e - S p ftflto r f r o m R h o d e I s l a n d w ill Clarke, Ark.
Tillman
Rayner
Johnston
ilv,»n$> t h ji y t h i s m a j j ^ r 'w i l l b e r e f e r r e d to t h m J u d i c j a f y Clay
Simmons
M
cCreary
Culberson
m e e f .1 s T T m e m t ^ r 4ft ;4 W ft c o n u f b t f e r 'l - d e s i r e t b s a y Daniel
S m ith, Md.
M
cLaurin
Stone
M
artin
I s h a l l d o m y b e s t t o s t u d y t h i s q u e s tio n a n d s o lv e i t r o r Foster
b e s t in te r e s ts o f th e c o u n try a n d th e in te g r ity o f th e p ro ­
NOT VOTING—15.
Platt
g s o f t b e S e n a te .
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>
Dolllver
M
ilton
Ankeny
Smith, M
icb.
Foraker
Newlands
f, . B A I J & Y . /L t i U a s I c ^ - K 6 i t £ l g r f r o p u E f e p tf c ^ s liH ic U n # Bacon
W
arner
Hale
Nixon
Davis
o t h e r q u e s tio n t o s e e i f w e c a n r e a c h a b a s i s o f a c c o m irfb d frtio ft;
M
cEnery
Paynter
Depew
W ill t h e S e n a t o r f r o m R h o d e I s l a n d a g r e e to c o u p le w i t h h i s
S o t h e r e s o l u ti o n w a s r e f e r r e d to t h e C o m m itte e o n t h e
v m otuM i to r e f e r a n in s t r u c t i o n - to i h e y ’ u d i c i a r y C o m m itte e
J
J u d ic ia ry .
'r tf& 't w i t h i n ^ i x t j / d a y s f f f t p r R h q / i f c x t ^ e s s j g n o f 1 !& n £ r e s y c '
M r. B A I L E Y . I o b s e r v e t h a t t h e S e n a t e i s s t i l l R e p u b lic a n ,
M r. A L J 0 R IC H . I d o n o t t h i n k t h a t i s n e c e s s a r y o r ^ s i r d b l e . M r. P r e s i d e n t.
I

a m e n t i r e l y w i l li n g t h a t a v o te s h a l l b e

W e h a v e n o t b e e n in t h e h a b i t o f i n s t r u c t i n g t h e g f e a t c o m ­
m i t t e e s o f t h i s b o d y , a n d I s h o u ld b e v e r y s o r r y t o s e e t h a t
p r e c e d e n t e s t a b l i s h e d , e s p e c ia lly in v ie w o f t h e s t a t e m e n t o f
t w o le a d i n g m e m b e rs o f t h e c o m m itte e . I a m s u r e t h e S e n a to r
f r o m T e x a s u p o n r e f le c tio n w ill n o t u r g e t h a t c o u r s e .
M r. B A I L E Y . I d o u r g e i t w i t h o u t t h e s l i g h t e s t h e s i ta t io n .
I t is g e n e r a ll y b e lie v e d t h a t i t i s a m a t t e r o f g r a v e im p o r ta n c e .
T h e S e n a to r f r o m R h o d e I s l a n d s a y s i t is s o g r a v e t h a t i t m u s t
b e r e f e r r e d to a c o m m itte e , t h a t i t c a n n o t b e d e c id e d in t h e
o p e n S e n a te a t t h i s tim e . I s u b m i t t h a t i t i s n o r e f le c tio n o n t h e
c o m m itte e to t h i n k t h a t i t i s o f a c h a r a c t e r a n d o f a n i m p o r t a n c e
t h a t r e q u i r e s a n e a r l y d e c is io n .
T h e S e n a to r f r o m R h o d e I s l a n d w i l l o f c o u r s e t a k e c o g n iz a n c e
o f th e f a c t t h a t t h e n e x t s e s s io n o f C o n g r e s s w i l l b e f o r a
s in g le w o r k ; t h a t b e f o r e t h e t a r i f f b ill c o m e s to t h e S e n a te f r o m
t h e H o u s e n e i t h e r t h e S e n a te n o r i t s c o m m itte e s w ill h a v e a n y
w o r k t o d o ; a n d t h a t a f t e r t h e t a r i f f b i ll r e a c h e s t h i s b o d y f r o m
t h e H o u s e t h e S e n a te a n d t h e J u d i c i a r y C o m m itte e w i l l h a v e
n o t h in g to d o u n t i l t h e S e n a to r f r o m R h o d e I s l a n d a n d h i s R e ­
p u b lic a n a s s o c i a t e s o n t h e F i n a n c e C o m m itte e h a v e w o r k e d
o v e r t h e H o u s e t a r i f f b ill. T h a t m e a n s t h a t f o r s i x t y d a y s
a f t e r w e c o n v e n e o n t h e 1 5 th o f M a r c h t h e S e n a te c o u ld w e ll
a p p ly i t s e l f to t h e s e t t l e m e n t o f t h i s q u e s tio n . I o n ly w a n t i t
s e t tl e d . I w a n t t o s e e i t s e t t l e d r i g h t , b u t i f i t c a n n o t b e s e t t l e d
r i g h t I w a n t i t s e t tl e d .
M r. C L A R K o f W y o m in g . M r. F r e s i d e n t , I w is h to s t a t e to
t h e S e n a to r f r o m T e x a s t h a t I f e e l n o s e n s i t iv e n e s s a t a ll
a b o u t i n s t r u c t i o n s to t h e c o m m itte e . I t h i n k t h e S e n a t o r is w e ll
e n o u g h a c q u a i n t e d w i t h t h e p r e s e n t p e r s o n n e l o f t h a t c o m m itte e
to k n o w th a t th e y w ill e n te r u p o n th is w o rk a s u p o n o th e r
w o r k a n d p r o s e c u t e i t w i t h a ll d u e d ilig e n c e . I w i l l c a ll t h e
a t t e n t i o n o f t h e S e n a to r , h o w e v e r , to t h e f a c t t h a t t h e c o m ­
m it t e e , a s a t p r e s e n t c o n s t i t u t e d , lo s e s f o u r o f i t s m e m b e r s
w i t h i n t h e n e x t t w e n ty - f o u r h o u r s .
W h e n t h a t m e m b e r s h ip
w ill b e s e t tl e d , o f c o u r s e I a m u n a b l e t o s t a t e a n d o f c o u r s e ------M r. B A I L E Y . T h e S e n a t o r w o u l d n o t lik e t o s t a t e i t in t h e
p r e s e n c e o f t h e i n s u r g e n ts , i f h e k n e w .
M r. C L A R K o f W y o m in g .
I w o u ld s t a t e i f I c o u ld .
Of
c o u r s e t h e S e n a t o r w o u ld n o t c a r e t o h a v e a n o p in io n f r o m t h a t
c o m m itte e u n l e s s t h e c o m m itte e w a s r e p r e s e n t e d b y a f u l l m e m ­
b e r s h ip . T h e r e f o r e I h o p e t h e S e n a t o r w ill n o t i n s i s t u p o n b i s
s i x t y d a y s ’ lim it.
M r. B A I L E Y . M r. P r e s i d e n t , I c a l l f o r t h e y e a s a n d n a y s
o n t h e m o tio n o f t h e S e n a to r f r o m R h o d e I s l a n d t o r e f e r .
T h e V IC E -P R E S ID E N T .
U p o n t h e m o tio n o f t h e S e n a to r
f r o m R h o d e I s l a n d t o r e f e r t h e r e s o l u ti o n to t h e C o m m itte e o n
th e J u d ic ia ry , th e y e a s a n d n a y s a r e d e m a n d e d .
T h e y e a s a n d n a y s w e r e o r d e r e d , a n d t h e S e c r e t a r y p ro c e e d e d
t o c a ll t h e r o ll.
M r. C L A Y ( w h e n M r. B acon’s n a m e w a s c a l l e d ) . M y c o l­
l e a g u e [M r. Bacon] i s p a i r e d w i t h the j u n i o r S e n a to r f r o m
N e v a d a [M r. Nixon]. I f m y c o lle a g u e w e r e p r e s e n t , he w o u ld
v o te “ n a y . ”

M SSA E F O THE H U
E G RM
O SE.
A m e s s a g e f r o m t h e H o u s e o f R e p r e s e n t a t i v e s , b y M r. W . J .
B r o w n in g , i t s C h ie f C le r k , a n n o u n c e d t h a t t h e H o u s e h a d p a s s e d
t h e f o llo w in g b i ll s a n d j o i n t r e s o l u t i o n :
S. 1163. A n a c t t o c o r r e c t t h e n a v a l r e c o r d o f P e t e r I I . B r o d ie ,
a lia s P a tr ic k T o r b e tt;
S. 1752. A n a c t t o r e im b u r s e G a r r e t t R . B r a d le y , l a t e p o s t ­
m a s t e r a t T o n o p a h , N e v ., f o r m o n e y e x p e n d e d f o r c le r ic a l
a s s is ta n c e *
S . 2489. A n a c t f o r t h e r e l i e f o f H a r r y G . R u p p ;
S. 2544. A n a c t f o r t h e r e l i e f o f W il l ia m M a r t i n s o n ;
S. 3164. A n a c t to c o r r e c t t h e m i l i t a r y r e c o r d o f P a u l S m o c k ;
S . 3452. A n a c t f o r t h e r e l i e f o f J o s e p h S c h r e m b s ;
S. 3810. A n a c t f o r t h e r e l i e f o f H o w a r d B . C a r p e n t e r ;
S. 4035. A n a c t to p r o v id e f o r t h e p a y m e n t o f c e r t a i n c la im s
a g a i n s t t h e D i s t r i c t o f C o lu m b ia , in a c c o r d a n c e w i t h t h e a c t o f
C o n g r e s s a p p r o v e d J a n u a r y 20, 1S97, a n d a s a m e n d e d J u l y 19,
1897;
S. 4103. A n a c t a u t h o r i z i n g t h e S e c r e t a r y o f t h e I n t e r i o r to
a s c e rta in th e a m o u n t d u o O b a h b a u m , a n d p a y th e sa m e o u t
o f t h e f u n d k n o w n a s “ F o r t h e r e l i e f a n d c iv i l iz a t i o n o f t h e
C h ip p e w a I n d i a n s ; ”
S. 4 426. A n a c t f o r t h e r e l i e f o f T h o m a s C. C l a r k ;
S . 5349. A n a c t f o r t h e r e l i e f o f M a d is o n C o u n ty , K y . ;
S. 5510. A n a c t f o r t h e r e l i e f o f t h e o w n e r s o f t h e t u g Juno;
S . 5905. A n a c t f o r t h e r e l i e f o f t h e e x e c u to r s o f t h e e s t a t e o f
H a ro ld B ro w n , d e c e a s e d ;
S. 6373. A n a c t w a i v in g t h e s t a t u t e o f l i m i t a t i o n s a s to t h e
c la im o f t h e N e s t l e r B r e w i n g C o m p a n y , a n d a u t h o r i z i n g t h e
C o m m is s io n e r o f I n t e r n a l R e v e n u e t o a d j u d i c a t e t h e s a m e ;
S. CS52. A n a c t f o r t h e r e l i e f o f W a l t e r F . R o g e r s , e x e c u t o r o f
t h e e s t a t e o f S a r a h E d w a r d s , l a t e o w n e r o f l o t N o. 116, s q u a r e
N o. G28, W a s h in g t o n , D . C ., w i t h r e g a r d t o a s s e s s m e n t a n d p u y m e n t o f d a m a g e s o n a c c o u n t o f c h a n g e s o f g r a d e d u e to c o n s t r u c ­
t i o n o f t h e U n io n S t a ti o n , D i s t r i c t o f C o l u m b i a ;
S. 7 7 8 2 . A n a c t f o r t h e r e l i e f o f J a m e s H . O w e n ;
S . 7859. A n a c t f o r t iie r e l i e f o f P a r s e y O . B u r r o u g h ;
S . 7861. A n a c t f o r t h e r e l i e f o f B . D . C r o c k e r ;
S . 8379. A n a c t f o r t h e r e l i e f o f t h e o w n e r s o f t h e B r i t i s a
s t e a m s h i p Maroa;
„ ht
S. 8429. A n a c t t o r e f u n d c e r t a i n t o n n a g e t a x e s a n d
d u e s le v ie d o n t h e s t e a m s h i p Montaro, w i t h o u t r e g i s t e r ;
S . S518. A n a c t e m p o w e r in g t h e j u v e n i l e c o u r t o f u t >
o f C o lu m b ia to is s u e e x e c u ti o n o n f o r f e i t e d r e c o g n iz a n c e s :
8 .8 5 5 5 . A n a c t t o r e l i n q u i s h t h e i n t e r e s t o f t h e U n i t e d S t a te n
in a n d t o c e r t a i n l a n d in D a d e C o u n ty , F l a ., t o J o h n
B ry a n , j r . ;
..
S . 8 588. A n a c t t o a m e n d a n a c t e n t i t l e d “ A n a c t f o r t n t
l i e f o f D e w i t t E a s t m a n . ” a p p r o v e d J a n u a r y 8, 190B ;
,
S . 8 822. A n a c t p r o v i d in g f o r t h e r e li n q u i s h m e n t b y t h e i n o
S t a t e s o f c e r t a i n l a n d s t o t h e c o u n ty o f K o o te n a i, in t h e b t a
of Id ah o ;

CONGRESSIONAL RECORD—SENATE.

1909.

S- 8 8 3 9 . A n a c t f o r t h e r e m o v a l o f r e s t r i c t i o n s f r o m t h e t h i r d
s e le c tio n o r a llo tm e n t o f la n d s s e le c te d b y W illia m J . S c o tt, a
m in o r m e m b e r o f th e O s a g e tr ib e o f I n d ia n s , a n d f o r o th e r
p u rp o se s;
S. 9402. A n a c t fo r th e r e lie f o f J o h n H . L a y n e ; a n d
S. It. 105. J o in t re s o lu tio n f o r th e p u rp o s e o f m o re f u lly c a r r y ­
in g in to e ffe c t th e c o n v e n tio n c o n c lu d e d a t B ru s s e ls o n M a rc h
1 5 , 18SG , i n r e f e r e n c e t o t h e e x c h a n g e o f o f f i c i a l j o u r n a l s , e t c .
T h e m e s s a g e a ls o a n n o u n c e d t h a t th e H o u s e h a d a g re e d to th e
r e p o r t o f t h e c o m m itte e o f c o n f e r e n c e o n th e d is a g r e e in g v o te s
o f t h e tw o H o u s e s o n th e a m e n d m e n ts o f th e S e n a te to t h e b ill
( H . R . 234G 4) m a k in g a p p r o p r ia tio n s f o r th e le g is la tiv e , e x e c u ­
tiv e , a n d j u d i c i a l e x p e n s e s o f t h e G o v e r n m e n t f o r t h e fis c a l
y e a r e n d in g J u n e 30, 1910, a n d f o r o th e r p u rp o s e s .
T h e m e s s a g e f u r t h e r a n n o u n c e d t h a t th e H o u s e h a d a g re e d to
t h e r e p o r t o f th e c o m m itte e o f c o n fe re n c e o n th e d is a g r e e in g
v o te s o f th e tw o H o u s e s o n t h e a m e n d m e n ts o f th e H o u s e to th e
b i l l ( S . 6 0 5 5 ) t o a m e n d s e c t i o n G91 o f s u b c h a p t e r 7 , b u i l d i n g
a s s o c ia tio n s , o f t h e C o d e o f H a w f o r t h e D i s t r i c t o f C o lu m b ia .
T h e m e s s a g e a ls o a n n o u n c e d t h a t t h e H o u s e h a d p a s s e d a b ill
( H . It. 2 S 192) to a m e n d a n d c o n s o lid a te t h e a c ts r e s p e c tin g
c o p y r ig h t, in w h ic h i t r e q u e s te d t h e c o n c u r r e n c e o f th e S e n a te .

ENROLLED DILLS SIGNED.

T h e S ecre t a r y .
p o se d to a d d :

3741

A t th e e n d o f th e jo in t r e s o lu tio n i t is p r o ­

An act authorizing the people of New Mexico and Arizona to hold
constitutional conventions, and for other purposes.
M r. C U L L O M . T h a t is n o t p e r tin e n t to t h is j o in t re s o lu tio n .
I t lia s n o r e l a t i o n w h a t e v e r t o it.
M r. K E A N ( to M r. C u l l o m ) . M o v e to la y t h e a m e n d m e n t o n
th e ta b le .
T h e V IC E -P R E S ID E N T .
T h e a m e n d m e n t p ro p o se d b y th e
S e n a t o r f r o m O k l a h o m a [ M r . O w e n ] to t h e j o i n t r e s o l u t i o n w i l l
b e s ta te d .
T h e S ecretary . A t t h e e n d o f t h e j o i n t r e s o l u t i o n i t i s p r o ­
p o se d to a d d th e fo llo w in g :

An act authorizing the people of New Mexico and Arizona to hold con­
stitutional conventions, and for other purposes.
The people of New Mexico and Arizona are hereby authorized to hold
constitutional conventions and to frame and adopt constitutions, re­
publican In form, and not repugnant to the Constitution of the United
States and the principles of the Declaration of Independence, and to
submit the same as the constitution of New Mexico and the constitu­
tion of Arizona to Congress at its next regular session.
The governor, chief justice, and secretary of each of said Territories,
and two representative citizens in each, to be designated by the gover­
nor thereof, shall constitute an election board, of which board at least
two shall be recognized members of the minority party. Said elec­
tion boards shall immediately lay off and apportion 75 districts in each
Territory, from which 75 delegates to the constitutional convention shall
be elected, one to each district, and shall provide for holding such elec­
tion by regulations in harmony with the laws of said Territories; and
such election boards shall constitute canvassing boards to canvass the
election returns of the Territory wherein they were appointed.
The constitutional conventions shall severally provide by ordinance
for the election of officers for a full state government in each Terri­
tory. two Representatives in Congress for New Mexico, and one Repre­
sentative in Congress for Arizona, and submit to the people of said
States the constitution so framed by the same ordinance for their ratifi­
cation or rejection.
_
The sum of $75,000 is hereby appropriated to meet the expenses
incident to the exercise of the authority herein above conferred for
the Territory of New Mexico, and $75,000 for the Territory of Arizona;
such moneys to be expended under the direction of the Secretary of the
Interior for the purposes herein set forth.

T h e m essag e f u r th e r a n n o u n c e d th a t th e S p e a k e r o f th e H o u se
h a d s ig n e d t h e f o llo w in g e n r o lle d b ills , a n d t h e y w e r e th e r e u p o n
s ig n e d b y th e V ic e - P r e s id e n t:
S. 8187. A n a c t to c h a n g e th e n a m e o f th e W a s h in g to n H o s p i­
ta l fo r F o u n d lin g s ;
S. 8520. A n a c t re q u irin g r e p o rts o f th e H o s p ita l fo r F o u n d ­
lin g s to b e m a d e to t h e C o m m is s io n e r s o f t h e D i s t r i c t o f C o ­
lu m b ia ;
S. 9 278. A n a c t g r a n tin g p e n s io n s a n d in c re a s e o f p e n s io n s to
c e r ta in s o ld ie r s a n d s a ilo r s o f w a r s o th e r t h a n t h e c iv il w a r a n d
to c e r ta in d e p e n d e n t re la tiv e s o f s u c h s o ld ie rs a n d s a ilo r s ; a n d
S. 9421. A n a c t g r a n tin g p e n s io n s a n d in c re a s e o f p e n s io n s to
M r. C U L L O M . M r. P r e s id e n t, I m o v e to la y th e a m e n d m e n t
c e r t a i n s o ld ie r s a n d s a i lo r s o f w a r s o t h e r t h a n t h e c iv il w a r a n d
o n th e ta b le .
I t h a s n o r e fe re n c e to th e p e n d in g jo in t r e s o lu ­
to c e r ta iu w id o w s a n d d e p e n d e n t a n d h e lp le s s r e la tiv e s o f s u c h
tio
Iti< n .
s o ld ie rs a n d s a ilo rs .
M r. O W E N .
M r. P r e s id e n t, o n t h a t m o tio n I a s k f o r a y e a a n d - n a y v o te .
PROTECTION OF AMERICAN CITIZENS IN RUSSIA.
M r. L O D G E .
I r is e to a q u e s tio n o f o rd e r.
A ir . C T T L L O M . M r . P r e s i d e n t -------T h e V IC E -P R E S ID E N T .
T h e S e n a to r fro m M a s s a c h u s e tts
T he V IC E -P R E S ID E N T .
D o e s th e S e n a to r f r o m M is s is s ip p i w ill s t a t e h is p o in t o f o r d e r.
y ie ld to th e S e n a to r fro m Illin o is ?
M r. L O D G E .
I m a k e th e p o in t o f o rd e r t h a t t h a t a m e n d M r . MONEY. I w a n t t o u n d e r s t a n d t h e p a r l i a m e n t a r y s i t u a ­ i n e n t ' i s n o t i n o r d e r .
I t c o n ta in s a n a p p r o p ria tio n , a s I h e a r d
tio n .
I a m e n t i t l e d to t h e flo o r, a s I u n d e r s t a n d .
i t re a d , a n d h a s n e v e r b e e n re p o rte d b y a n y s ta n d in g c o m ­
T h e V IC E -P R E S ID E N T .
T h e C h a ir is o f th e o p in io n t h a t m itte e .
t h e S e n a to r f r o m M is s is s ip p i i s e n ti t le d t o t h e flo o r.
D oes he
T h e V IC E -P R E S ID E N T .
T h e C h a ir w ill su b m it th e q u e s­
y ie ld to th e S e n a to r fro m Illin o is ?
tio n to t h e S e n a te , I s th e a m e n d m e n t in o r d e r ?
M r. C U L L O M .
I f th e S e n a to r w ill b e k in d e n o u g h to y ie ld to
. M r. O W E N .
O n t h a t I c a ll f o r th e y e a s a n d n a y s .
I d e s ir e to r e p o r t a j o in t r e s o lu tio n f r o m th e C o m m itte e o n
M r. C U L L O M .
I m o v e to la y th e a m e n d m e n t o n th e ta b le .
F o re ig n R e la tio n s , a n d to a s k f o r i ts im m e d ia te c o n s id e ra tio n .
T h e V IC E -P R E S ID E N T .
T h e S e n a to r fro m Illin o is m o v e s
M r. M O N E Y . I y ie ld to th e S e n a to r.
to la v th e a m e n d m e n t o n th e ta b le .
I c a ll f o r t h e y e a s a n d n a y s o n t h a t m o tio n .
M r. C U L L O M .
I a m d ir e c te d b y t h e C o m m itte e o n F o r e ig n — M r. O W E N .
M r. C U L B E R S O N .
I r is e to a p a r lia m e n ta r y in q u iry .
R e la tio n s , to w h o m w a s r e f e r r e d th e j o in t re s o lu tio n ( H . J . R e s.
T h e V IC E -P R E S ID E N T .
The
S e n a to r fro m
T e x a s w ill
j® 5 ) c o n c e r n in g a n d r e l a t i n g to t h e t r e a t y b e tw e e n t h e U n ite d
S ta te s a n d R u s s ia , to r e p o r t it w ith o u t a m e n d m e n t.
I ask
s ta te h is p a r lia m e n ta r y in q u iry .
M r. C U L B E R S O N .
I t is t h i s : T h e S e n a to r fro m M a s s a c h u ­
u n a n im o u s c o n s e n t f o r its p r e s e n t c o n s id e ra tio n .
T h e V IC E -P R E S ID E N T .
I s th e r e o b je c tio n to th e p r e s e n t
s e tts m a d e th e p o in t o f o r d e r t h a t t h is a m e n d m e n t is n o t g e r ­
m a n e , a n d th e C h a ir a n n o u n c e d h is d e c is io n to s u b m it t h a t
c o n s id e ra tio n o f th e j o in t r e s o lu tio n ?
T h e r e b e in g n o o b je c tio n , t h e S e n a te , a s in C o m m itte e o f th e
q u e s tio n to t h e S e n a te .
M r. L O D G E .
I d id n o t m a k e th e p o in t o f o rd e r t h a t it w a s
W h o le , p r o c e e d e d t o c o n s i d e r t h e j o i n t r e s o l u t i o n .
I t re q u e s ts
n o t g e rm a n e.
I m a d e a w h o lly d if f e r e n t p o in t o f o r d e r ; b u t I
th
I *, o s i c l e n t o f t l i e U n i t e d S t a t e s t o r e n e w n e g o t i a t i o n s w i t h
Jh e G o v e r n m e n t o f R u s s ia to s e c u r e , b y t r e a t y o r o th e r w is e , n o w w i t h d r a w it.
M r. C U L B E R S O N .
V e r y w e l l.
u n if o r m ity o f t r e a tm e n t a n d p ro te c tio n to A m e ric a n c itiz e n s
M r. B E V E R I D G E .
T h e n t h e q u e s tio n is o n t h e m o tio n to
n o ld iu g p a s s p o r ts d u ly is s u e d b y th e a u t h o r i t i e s o f t h e U n ite d

ft

s ta te s , in o r d e r t h a t a ll A m e ric a n c itiz e n s s h a ll h a v e e q u a l
Ire e d o m o f tr a v e l a n d s o jo u r n in s u c h c o u n tr y w ith o u t r e g a r d to
ra c e , c re e d , o r re lig io u s f a ith , in c lu d in g a p ro v is io n t h a t th e
h o n o r in g o r v is a in g o f p a s s p o r t s w h e n d u ly is s u e d a n d h e ld b y
c itiz e n s o f th e U n ite d S ta te s s h a ll n o t b e w ith h e ld b e c a u s e o r on
u o c o u n t o f th e ra c e , c re e d , o r r e lig io u s f a i t h o f th e ir h o ld e rs .
M r. O W E N . I o ffe r th e a m e n d m e n t w h ic h I s e n d to th e d e sk .
M r. C U L L O M . I h o p e t h i s m a y b e d is p o s e d o f b e f o r e w e ta k e
Up a n o th e r m a tte r .
M r. L O D G E . T h e j o i n t r e s o lu tio n h a s n o t y e t b e e n d is p o s e d
o f; I th in k .
T h e V IC E -P R E S ID E N T .
T h e S e n a to r fro m O k la h o m a ro s e
r ° r th e r e c o g n itio n o f th e C h a ir , a n d t h e C h a ir r e c o g n iz e d h im ,
U ot k n o w in g w h a t th e p u r p o s e o f t h e S e n a to r w a s .
M r. O W E N . I p r o p o s e to o ffe r a n a m e n d m e n t to t h e p e n d in g
J ° 'u t r e s o lu tio n .
T h e V IC E -P R E S ID E N T .
T h e S e n a to r fro m O k la h o m a p ro ­
l e s
a n a m e n d m e n t to th e jo in t r e s o lu tio n , w h ic h w ill b e
s ta te d .




£)

la y o n th e ta b le .
'M r . C U L B E R S O N .
B e fo re th e S e n a to r fro m M a s s a c h u s e tts
w ith d re w th e p o in t o f o rd e r I w a s a b o u t to s u g g e s t t h a t th e
p ro p e r m a tte r to s u b m it to th e S e n a te w a s t h a t su g g e s te d b y th e
C h a ir , a n d n o t t h e m o tio n o f t h e S e n a to r f r o m I llin o is .
T im V I C E - P R E S I D E N T .
T h e S e n a to r fro m M a s s a c h u s e tts
h a s w ith d r a w n h is p o in t o f o rd e r.
T h e q u e s tio n r e c u r s o n th e
m o tio n o f t h e S e n a to r f r o m I llin o is .
M r. C U L L O M .
I i n s i s t o n t h e m o tio n .
T h e V IC E -P R E S ID E N T .
T h e q u e s tio n r e c u r s o n t h e m o tio n
o f th e S e n a to r fro m Illin o is to la y th e a m e n d m e n t p ro p o se d b y
th e S e n a to r fro m O k la h o m a o n th e ta b le .
U p o n t h a t q u e s tio n
th e S e n a to r fro m O k la h o m a d e m a n d s th e y e a s a n d n a y s .
T h e y e a s a n d n a y s w e re o rd e re d , a n d th e S e c re ta ry p ro c e e d e d
to c a ll th e ro ll.
M r. P A Y N T E R (w h e n h is n a m e w a s c a lle d ) .
I a m p a ire d
w ith t h e j u n io r S e n a to r f r o m M is s o u r i [M r. W a r n e r ], a n d
t h e r e f o r e w ith h o ld m y v o te .
T h e r o ll c a ll w a s c o n c lu d e d .




CONGRESSIONAL RECORD—SENATE.

3742

M r . M c E N E R Y ( a f t e r h a v i n g v o t e d i n t h e n e g a t i v e ) . I v o te d
in a d v e rte n tly . I a m p a ire d w ith th e j u n io r S e n a to r fro m N ew
Y o r k [ M r . D epew ], a n d t h e r e f o r e w i t h d r a w m y v o te .
T h e r e s u l t w a s a n n o u n c e d — y e a s 4 7 , n a y s 25, a s f o l l o w s :

Aldrich
Beveridge
Bourne
Brandegee
Briggs
Brown
Bulkeley
Burkett
Burnham
Burrows
Carter
Clapp
Bailey
Bankhead
Borah
Clay
Culberson
Daniel
Foraker
Ankeny
Bacon
Clarke, Ark.
Davis
Depew

YEAS—47.
Gallinger
Gamble
Guggenheim
Hansbrough
Heyburn
Hopkins
Kean
Kittredge
Knox
Lodge
Long
Nelson
NAYS—25.
Martin
Foster
M
oney
Frazier
Gary
Overman
Gore
Owen
Johnston
Simmons
M
cCreary
Smith, M
d.
M
cLaurin
Stone
NOT VOTING—20.
Doiliver
M
cCumber
Elkins
McEnery
Hale
Milton
Hemenway
Newlands
La Follette
Nixon

Clark, W
yo.
Crane
Cullom
Cummins
Curtis
Dick
Dillingham
Dixon
du Pont
Flint
Frye
Fulton

Tage
Penrose
Perkins
Piles
Kichardson
Scott
Smoot
Stephenson
Sutherland
W
arren
W
etmore
Taliaferro
Taylor
Teller
Tillman

Pavnter
Platt
Itayner
Smith, M
ich.
W
arner

S o M r. O w en ’s a m e n d m e n t w a s l a i d u p o n t h e t a b l e .
M r . G O R E . I i n q u i r e i f i t i s to o l a t e t o o b j e c t t o t h e c o n ­
s id e r a tio n o f th e jo in t r e s o lu tio n ?
T h e V IC E -P R E S ID E N T . T h e j o in t r e s o lu tio n is b e fo re th e
S e n a te , a s in C o m m i t te e o f t h e W h o le , b y u n a n i m o u s c o n s e n t,
a n d i t i s to o l a t e t o o b j e c t t o i t s c o n s i d e r a t i o n .
T h e j o in t re s o lu tio n w a s r e p o rte d to th e S e n a te w ith o u t
a m e n d m e n t , o r d e r e d t o a t h i r d r e a d i n g , r e a d t h e t h i r d t im e , a n d
passed .
T h e p r e a m b le w a s r e j e c t e d .

AG ICU
R LTU AL COLLEGES.
R

March 3,

o b t a i n i n g t h e flo o r, a n d t h e C h a i r w o u l d a s k t h e S e n a t o r f r o m
M is s is s i p p i i f h e w i l l n o t y i e l d t o t h e S e n a t o r f r o m N e w H a m p ­
s h ire ?
M r. G A L L I N G E R . I w i l l s a y t o t h e S e n a t o r f r o m M i s s is ­
s ip p i—
M r . M O N E Y . I w i l l g l a d l y y ie ld t o t h e S e n a to r . I k n o w h e
h a s in c h a rg e a m e r ito r io u s m e a s u re .
M r . G A L L I N G E R . I a s k u n a n im o u s c o n s e n t f o r t h e p r e s e n t
c o n s i d e r a t i o n o f t h e b ill ( S . 8 8 1 9 ) to a m e n d a n a c t e n t i t l e d
“ A n a c t t o e s t a b l i s h a g r i c u l t u r a l s t a t i o n s in c o n n e c tio n w i t h t h e
c o lle g e s e s t a b l i s h e d in t h e s e v e r a l S t a t e s u n d e r t h e p r o v i s i o n s
o f a n a c t a p p r o v e d J u l y 2, 1 8 6 2 , a n d t h e a c t s s u p p l e m e n t a r y
th e re to .”
\
T h e r e b e in g n o o b je c tio n , t h e S e n a te , a s in C o m m itte e o f t h e
W h o le , p r o c e e d e d to c o n s i d e r t h e b ill, w h ic h h a d b e e n r e p o r t e d
f r o m t h e C o m m itte e o n A g r i c u l t u r e a n d F o r e s t r y w i t h a m e n d ;
m e n ts .
T h e f i r s t a m e n d m e n t w a s t o s t r i k e o u t s e c ti o n 1, a s f o l lo w s :

That the act of Congress entitled “An act to establish agricultural
experiment stations in connection with colleges established In the sev­
eral States under the provisions of an act approved July 2, 1862, and
ail acts supplementary thereto." be, and are hereby, amended by in­
cluding in the terms and benefits of said act the District of Columbia
with the States and Territories, the intent being to make available for
the District of Columbia the annual appropriations for the endowment,
support, and maintenance of institutions giving Instruction in agricul­
ture, the mechanic arts, and the other subjects specified in the act of
Congress approved July 2, 1862, and an act approved M
arch 2, 1887,
and an act approved August 30, 1800. and an act approved M
arch 16,
1006, and an act approved June 30, 1006. and an act approved M
arch 4,
1007. together with other acts heretofore passed providing for such
annual appropriations for such colleges.
A n d in lie u t h e r e o f t o i n s e r t :

That the act of Congress entitled “An act donating public lands to
the several States and Territories which may provide colleges for the
benefit of agriculture and the mechanic arts,” approved July 2. 1862,
and all acts supplementary thereto, he, and are hereby, amended so as
to include in the terms and benefits of said act and supplementary
acts the District of Columbia with the States and Territories, the
intent being to make available for the District of Columbia the annual
appropriations for the endowment, support, and maintenance of institu­
tions giving instruction in agriculture, tt» mechanic arts, and the other
subjects specified in the said act of Congress approved July 2, 1862,
and n supplementary act approved August 30, 1800. and a supple­
mentary act approved M
arch 4. 1907, together with other acts hereto­
fore passed providing for annual appropriations for such colleges.

M r . G A L L I N G E R . M r. P r e s i d e n t ------T h e V I C E - P R E S I D E N T . D o e s t h e S e n a t o r f r o m M is s is s ip p i
y ie ld to th e S e n a to r fro m N e w H a m p s h ir e ?
T h e a m e n d m e n t w a s a g r e e d to .
T h e n e x t a m e n d m e n t w a s , in s e c tio n 2, lin e 8, a f t e r t h e w o r d
M r . C L A P P . T h e S e n a t o r f r o m M is s is s i p p i a g r e e d t o y ie ld
“ C o n g r e s s .” t o s t r i k e o u t “ p r o v i d e d ” a n d i n s e r t “ Provided,
to m e.
M r. M O N E Y . I y i e l d e d t o t h e S e n a t o r f r o m M in n e s o ta , T h a t ; ” a n d i n lin e 10, a f t e r t h e w o r d “ a g r i c u l t u r e , ” t o i u s e r t
“ a n d , ” so a s to m a k e t h e s e c tio n r e a d :
a lth o u g h I a m v e ry a n x io u s to p ro c e e d .
Sec. 2. That the George Washington University, in the District of
T h e V I C E - P R E S I D E N T . T h e S e n a t o r f r o m M i s s is s i p p i is
Columbia, is hereby designated to receive the appropriations under said
e n t i t l e d t o t h e flo o r. D o e s h e y i e l d t o t h e S e n a t o r f r o m N e w
acts of Congress: P r o v i d e d , That it shall carry on courses of instruc­
H a m p sh ire ?
tion in agriculture and the mechanic arts, and in the other subjects
M r. G A L L I N G E R . I w i l l n o t a s k t h e S e n a t o r t o y i e l d ; b u t required of the state institutions receiving said appropriations.
I h a v e b e e n t r y i n g t o g e t r e c o g n i ti o n a l l d a y .
T h e a m e n d m e n t w a s a g r e e d to .
T h e V I C E - P R E S I D E N T . T h e C h a i r w i l l r e c o g n iz e t h e S e n ­
T h e b ill w a s r e p o r t e d to t b e S e n a t e a s a m e n d e d , a n d t h e
a to r fro m N ew H a m p s h ire .
a m e n d m e n t s w e r e c o n c u r r e d in .
M r. C L A P P . T h e S e n a t o r f r o m M i s s is s i p p i h a s t h e flo o r, a n d
T h e b i l l w a s o r d e r e d to b e e n g r o s s e d f o r a t h i r d r e a d i n g ,
T a s s u m e t h a t i f h e w i l l y i e l d ------r e a d t h e t h i r d tim e , a n d p a s s e d .
M r. M O N E Y . I y ie ld t o t h e S e n a to r .
T h e t i t l e w a s a m e n d e d s o a s to r e a d : “ A b i ll t o a m e n d a n
T h e V I C E - P R E S I D E N T . T h e S e n a t o r h a s n o r i g h t t o y ie ld . a c t e n t i t l e d ‘A n a c t d o n a t i n g p u b l ic l a n d s t o t h e s e v e r a l S t a t e s
H e m u s t g e t h i s r i g h t t o t h e flo o r f r o m t h e C h a i r .
a n d T e r r i t o r i e s w h i c h m a y p r o v i d e c o lle g e s f o r t h e b e n e f it o f
M r. M O N E Y . M r. P r e s i d e n t , I h a v e t h e flo o r. I f t h e C h a i r a g r i c u l t u r e a n d t h e m e c h a n ic a r t s , ’ a p p r o v e d J u l y 2. 1 8 6 2 , a n d
w i l l a ll o w m e . I w i l l s a y t h a t I h a v e t h e flo o r i n m y o w n r i g h t . t h e a c t s s u p p l e m e n t a r y t h e r e t o , s o a s t o e x t e n d t h e b e n e f its
I t w a s a c c o rd e d to m e b y th e C h a ir. I w a s a b o u t to p ro c e e d
t h e r e o f t o t h e D i s t r i c t o f C o l u m b i a .”
in o r d e r w h e n I w a s a s k e d to y i e l d t o t h e S e n a t o r f r o m I l l i n o i s
ORDER FOR RECESS.
[ M r . Cu iao m ], w h i c h I c h e e r f u l l y d i d ; a n d t h e n t h e S e n a t o r
M r. H A L E . M r . P r e s i d e n t ------f r o m O k l a h o m a [ M r . Ow en ] o f f e r e d a n a m e n d m e n t , w h i c h w a s
T h e V I C E - P R E S I D E N T . D o e s t h e S e n a t o r f r o m M is s is s ip p i
c o n s i d e r e d b y t h e S e n a t e a n d d i s p o s e d o f.
y i e l d t o t h e S e n a t o r f r o m M a in e ?
T h e V I C E - P R E S I D E N T . T h a t i s c o r r e c t.
M r . M O N E Y . I h a v e y i e l d e d t o t h e S e n a t o r f r o m M i n n e s o ta
M r. M O N E Y . I c a n n o t b e r e m o v e d f r o m t h e flo o r, a s I u n ­
[ M r . Clapp]. I p r o m is e d t o d o s o t w o o r t h r e e t im e s .
d e r s ta n d p a r lia m e n ta r y la w , b e c a u s e I h a d th e c o u rte s y to
M r. H A L E . W ill t h e S e n a t o r y i e l d t o m e f o r a s t a t e m e n t a s
y ie ld to a n o th e r S e n a to r.
T h e V I C E - P R E S I D E N T . T h a t i s p e r f e c t l y c o r r e c t.
T h e t o t h e o r d e r o f p u b l ic b u s i n e s s o f t h e S e n a te — t o m a k e a s u g ­
g e s t io n ?
C h a ir a s k e d th e S e n a to r if h e w o u ld y ie ld to th e S e n a to r fro m
M r. C L A P P . T h a t Is a l l r i g h t .
N e w H a m p s h i r e [ M r . Gallinger], a n d t h e C h a i r u n d e r s t o o d
M r. M O N E Y . C e r t a i n l y , I y i e l d t o t h e S e n a t o r f o r t h a t p u r ­
t h e S e n a t o r f r o m M i s s is s ip p i to s a y t h a t h e h a d y ie ld e d t o t h e
S e n a t o r f r o m M i n n e s o t a [ M r . Clapp]. T h e C h a i r h a d n o t r e c o g ­ p o s e .
M r. H A L E . T h e c o n f e r e e s u p o n t h e tw o r e m a i n i n g a p p r o ­
n iz e d t h e S e n a t o r f r o m M i n n e s o t a a n d h a d r e c o g n iz e d t h e S e n ­
a t o r f r o m N e w H a m p s h i r e . D o e s t h e S e n a t o r f r o m M is s is s ip p i p r i a t i o n h i l l s — t h e s u n d r y c iv il b ill a n d t h e g e n e r a l d e fic ie n c y
a p p r o p r i a t i o n b i l l — w i l l n o t b e a b l e t o m a k e a r e p o r t ui*>»
y ie ld to th e S e n a to r fro m N e w H a m p s h ir e ?
M r. M O N E Y . I y i e l d t o t h e S e n a t o r f r o m M in n e s o t a , to e i t h e r b e f o r e 8 o ’c lo c k o r h a l f p a s t 8 t h i s e v e n in g . M y p u r p j s e
w h o m I w a s u n d e r h o n o r a b l e e n g a g e m e n t. I w i l l b e v e r y g la d I i s n o t t o i n t e r f e r e w i t h a n y b u s i n e s s t h a t t h e S e n a t e i s a c t u a l l y
a f t e r w a r d s t o y i e l d t o t h e S e n a t o r f r o m N e w H a m p s h i r e , a l ­ d o in g , b u t t o s t a t e c o n d it i o n s , s o t h a t t h e S e n a t o r m a y under­
s ta n d th a t , so f a r a s th e c o n fe re n c e r e p o r ts u p o n th e a p p ro p ri* th o u g h I w a n t to go on.
t io n b i l l s a r e c o n c e r n e d , t h e r e w i l l b e n o i n t e r f e r e n c e o r d e la y •
M r. C L A P P . I f I c a n , I w i l l g l a d l y y ie ld to t h e S e n a t o r f r o m
N e w H a m p s h ire .
t h e S e n a t e s h a l l t a k e a r e c e s s u n t i l 8 o ’c lo c k o r h a l f i«l ' c
M r. G A L L I N G E R . N o .
o ’c lo c k . U n d o u b t e d ly t h e S e n a t e w ill 1)0 o b lig e d , b e f o r e t h e s e 1
"1
T h e V I C E - P R E S I D E N T . T h e C h a i r w i l l s t a t e t h a t t h e S e n ­ p o r t s c a n c o m e in , p a s s b a c k a n d f o r t h b e tw e e n t h e H ouse-*, a n
a t o r f r o m N e w H a m p s h i r e h a s b e e n d e s i r o u s f o r s o m e t i m e o f b e a c t e d u p o n , t o r e m a i n in s e s s io n f o r s e v e r a l h o u r s l a t e r , b u t

1909.

CONGRESSIONAL RECORD— SENATE,

The message also announced that the House had passed a bill
(IT. It. 23973) for the relief of pensioners of the Metropolitan
police fund; in which it requested the concurrence of the Senate.
The message further announced that the House had agreed to
the concurrent resolution of the Senate to provide for the print­
ing of 15,000 additional copies of Senate Document No. 547, Six­
tieth Congress, second session.
The message also announced that the House had agreed to the
concurrent resolution of the Senate providing for the printing of
3,000 additional copies of the Annual Report of the Isthmian
Canal Commission, 1908.
The message also announced that the House had passed a con­
current resolution authorizing the Secretary of the Senate to
renumber the sections consecutively, to strike out the headnotes
at the beginning of each chapter to sections which have been
omitted, and to renumber the headnotes to correspond to the
numbers given the sections, to correct typographical errors,
and to correct punctuation as indicated by the committee of
conference on the penal-code bill.
E R L E BILLS SIG E .
NOLD
ND

The message further announced that the Speaker of the House
had signed the following enrolled bills, and they were there­
upon signed by the Vice-President:
H. R. 28059. An act making appropriations for the Military
Academy for the fiscal year ending June 30, 1910, and for other
purposes; and
H. R. 28411. An act to grant two cannon to Northern Ohio
University, at Ada, Ohio.
H U BILL R F R E .
O SE
EERD

n. R. 23973. An act for the relief of pensioners of the Metro­
politan police fund was read twice by its title and referred to
the Committee on the District of Columbia.
EXECU
TIVE SESSIO .
N

3745

to report it favorably, and I submit a report (S. Rept. No. 1113)
thereon. I ask unanimous consent for the present consideration
of the bill.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill. It proposes to pay to
the legal representatives of Sewell Coulson, deceased, late of
Sullivan, Ind., $3,950 for professional services rendered as an
attorney at law.
The bill was reported to the Senate without amendment,
ordered to a third reading, read the third time, and passed.
B LTIM R AN P T M C R IL O D
A
OE
D OO A A RA.

Mr. CARTER. I ask unanimous consent for the present conj sideration of the bill (H. R. 23468) to amend sections 11 and 12
| of an act entitled “An act to provide for eliminating certain
grade crossings on the line of the Baltimore and Potomac Rail­
way Company in the city of Washington, D. C., and requiring
said company to depress and elevate its tracks and to enable
it to relocate parts of its railroad therein, and for other pur­
poses,” approved February 12, 1901.
There beiug no objection, the Senate, as in Committee of
| the Whole, proceeded to consider the bill, which had been re­
ported from the Committee on the District of Columbia with
amendments, which were, on page 2, line 18, after the word
| “ their,” to strike out “ dimensions ” and insert “ height; ” in
line 19, before the word “ use,” to insert “ habitually; ” and in
line 25, after the word “ thereof,” to insert the following pro­
viso:
A n d p r o v i d e d f u r t h e r , T hat the parties operating the draws of the
bridges aforesaid shall install and maintain suitable tide gauges at the
draws, so that the pilot o f any tugboat may see whether his pilot house
I will go under the draw.

Mr. CARTER. I ask that the amendments be disagreed to.
The amendments were rejected.
llie bill was reported to the Senate without amendment,
I ordered to a third reading, read the third time, and passed.

Mr. CARTER. I move that the Senate proceed to the con­
JOHN w. W O .
OD
sideration of executive business.
Mr. FLINT. I ask unanimous consent for the immediate
The motion was agreed to, and the Senate proceeded to the
consideration of executive business. After forty-five minutes consideration of the hill (II. R. 15603) for the relief of John W.
current resolution authorizing the Secretary of the Senate to Wood. being no objection, the Senate, as in Committee of the
There
spent in executive session the doors were reopened.
Whole, proceeded to consider the bill. It proposes that John
O D R O BUSINESS.
RE F
W. Wood, postmaster at. Pasadena, Cal., be released from all
Mr. ALDRICH. I ask unanimous consent that for thirty min­ liability on account of stamps to the amount of $13,000, stolen
utes the Senate proceed to the consideration of unobjected from his office.
The bill was reported to the Senate without amendment,
House bills on the calendar.
The VICE-PRESIDENT. The Senator from Rhode Island ordered to a third reading, read the third time, and passed.
JAM W. SE R
ES
A S.
asks unanimous consent that the Senate proceed for thirty min­
utes to the consideration of unobjected House bills on the Cal­
Mr. BURROWS. I ask unanimous consent for the Senate to
endar. Is there objection?
consider at this time the bill (II. R. 21029) for the relief of
Mr. FULTON. I desire to ask the Senator if he will not in­ James W. Sears.
clude reports of House bills?
Inhere beiug no objection, the Senate, as in Committee of the
Mr. ALDRICH. I will.
Whole, proceeded to consider the bill. It proposes to pay to
The VICE-PRESIDENT. Including reports of House bills.
James W. Sears, now residing at Albion, in the State of Michigan,
Mr. McCUMBEIt. Will the Senator yield to me to present $3,000 in full for the payment of the canal boat P . O . D e n n i s o n ,
a report?
owned by Sears, which was destroyed by fire.
Mr. GORE. I should like to ask if the Senator from Rhode
The bill was reported to the Senate without amendment,
Island will not modify his request so as to include unobjected i ordered to a third reading, read the third time, and passed.
Senate resolutions?
SUITS AFFECTIN INDIAN ALLO EN IN OKLAHOM
G
TM TS
A.
Mr. ALDRICH. There is no reason in trying to pass a Sen­
Mr. GORE. I desire to ask for the present consideration of
ate joint resolution at this time.
Senate resolution 316.
Mr. PENROSE. It can not be reached in the House.
Mr. ALDRICH. Let it be read for information.
Mr. GORE. I do not understand the Senator.
The Secretary read the resolution submitted by Mi1 G ore on
.
Mr. ALDRICH. It would be absolutely inqiossible to pass it
the 1st instant, as follows:
in the House.
R e s o l v e d T hat the Attorney-General is directed to inform the S e n a te :
Mr. CARTER. There are only a few minutes remaining.
First \s to the number of suits to cancel conveyances of Indian allot­
ments that have been brought in the eastern judicial district o f OklaMr. GORE. Then I object.
Afiiy 2T« 1908.
Mr. KEAN. I hope the Senator from Rhode Island will not lioni'i QineeThe number of such suits involving allotm ents, if any, from
second
object to the request of the Senator from Oklahoma. The Sen­ which the restrictions had been removed, either by the Secretary o f the
ator from Oklahoma has a resolution which he introduced the interior or bv Ect of Congress.
Third The' number of such suits which have been tried upon their
other day----The VICE-PRESIDENT. The Senator from Oklahoma ob­ merits, and whether judgments were rendered in favor of the plaintiff or
tb Fourth *The number o f such suits which have been settled otherwise
jects.
EXPLO N N
SIO
EAR F A K R AR
R N FO D SEN
AL.

Mr. PENROSE. I nsk unanimous consent to call up the bill
(H. R. 12512) for the relief of persons who sustained damage by
explosion near Frankford Arsenal, Philadelphia.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill.
The bill was reported to the Senate without amendment, or­
dered to a third reading, read the third time, and passed.
L G L R PR
EA
E ESEN
TATIVE O SEW
S F
ELL CO LSO , D C A D
U N E E SE .

than by trial, either by compromise, dismissal, or in any other way.
Fifth The number and names of the special attorneys or s'pecial
acents who have assisted in the bringing o f these suits, together with the
date of their employment and the amount o f compensation which they
hlivo been paid.
cixtli How many o f the suits above referred to, both where the land
was restricted and where it was unrestricted, were brought upon the
request of the allottee, and how many were brought without such
request.

The resolution was considered by unanimous consent and
agreed to.
JAM A. PAULK.
ES

Mr. IIEMENWAY. I am directed by the Committee on
Mr. FULTON. I am d i r e c te d by t h e C o m m itte e o n
Claims, to whom was referred the hill (II. R. 1972) for the
relief of the legal representatives of Sewell Coulsou, deceased, to whom was r e f e r r e d t h e bill (H. R. 4168) t o carry
XLIII-




C la im s ,
o u t th e




3746

Makch 3,

CONGRESSIONAL RECORD— SENATE,

findings of tlie Court of Claims in the case of James A. Paulk,
to report it favorably, and I submit a report (S. Rept. No. 1112)
thereon. I call the attention of the Senator from Alabama to
the bill.
M JOHNSTON. I ask unanimous consent that the bill
r.
may now be passed.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill. It proposes to pay $3,390
to James A. Paulk, of Bullock County, Ala., being the amount
found due him by the Court of Claims on January 29, 1906.
The bill was reported to the Senate without amendment, or­
dered to a third reading, read the third time, and passed.

The VICE-PRESIDENT. The Senate is not now operating
under a unanimous-consent agreement.
M ALDRICH. I think the bill had Iletter go over.
r.
The VICE-PRESIDENT. The bill will lie over, under the
objection of the Senator from Rhode Island.

M R IT -C A M N W E K G C M A Y
ER T HP A
R C IN O P N .

t i o n s of Senate bill 2982 consecutively; to strike out the headnotes at

in order to ascertain existing conditions therewith connected and secure
information deemed useful in the consideration of future proposed
legislation affecting the reclamation of arid lands. And the committee
is further authorized to send for persons and papers, to administer
oaths to employ a stenographer, and to have such printing done as the
committee may reouire; the expenses incurred to be paid out of the
contingent fund of the Senate upon vouchers to be approved l,v the
Committee to Audit and Control the Contingent Expenses of the Senate
B1.A1K S HUEA FELT.

In case of the failure of such manufacturer to pay to the copyright
proprietor within thirty days after demand in writing the full sum of
royalties due at said rate at the date o f such demand the court may
award taxable costs to the plaintiff and a reasonable counsel fee. and
the court may, in its discretion, enter Judgment therein for any sum in
addition over the amount found to be due as royalty in accordance with
the terms of this act, not exceeding three times such amount.

JO N d.
H

m’lain.

M HEMENWAY. I ask for the present consideration of the
r.
bill (H. R. 3622) for the relief of John D. McLain.
The Secretary read the bill; and there, being no objection, the
Senate, as in Committee of the Whole, proceeded to consider the
bill. It proposes to pay John D. McLain, of Johnson County,
Ind., $100, being for one horse taken by or furnished to the
E T T O P T K A eN R , D C A E .
S AE F EE T E Y EESD
military authorities of the United States for their use during
M DANIEL. I ask consent of the Senate to have considered the war for the suppression of the rebellion.
r.
The bill was reported to the Senate without amendment, or­
the bill (H. R. 16696) for the relief of the estate of Peter
McEnery, deceased.
dered to a third reading, read the third time, and passed.
There being no objection, the Senate, as in Committee of the
R V IO O TH P N L LAW
E IS N F E E A
S.
Whole, proceeded to consider the bill. It proposes to pay to the
The VICE-PRESIDENT
before the Senate the following
estate of Peter McEnery, deceased, late of Petersburg, Va., concurrent resolution from laidHouse of Representatives, which
the
$97.80, for rent of storehouses used by the military authorities was read:
of the United States.
House concurrent resolution 78.
The bill was reported to the Senate without amendment, or­
R e s o lv e d l y th e H o u s e o f R e p r e s e n ta tiv e s ( th e S e n a te c o n c u r r in g ) .
dered to a third reading, read the third time, and passed.
That the Secretary of the Senate be authorized to renumber the s e c ­

the beginning of each chapter in sections which have been
M McCUMBER. I ask consent for the immediate considera­ to renumber the headnotes to correspond with the numbers om itted;
r.
of given
tion of the bill (S. 6934) for the relief of the Merritt & Chap­ sections; to correct the references in one section to other sections; to
correct typographical errors; to correct punctuation as indicated by
man Derrick and Wrecking Company.
There being no objection, the Senate, as in Committee of the the committee of conference.
M IIEYBURN. I ask for the adoption of the resolution.
r.
Whole, proceeded to consider the bill. It proposes to pay to the
The resolution was concurred in.
Merritt & Chapman Derrick and Wrecking Company $1,800, in
full for damages to its tug 7. J . M e r r i t t , injured by collision with
LL L EL
E A . L IS.
the U. S. transport M i s s i s s i p p i .
M KITTREDGE. For the junior Senator from Tennessee
r.
The bill was reported to the Senate without amendment, or­ [Mr. Taylor], I ask unanimous consent for the present con­
dered to a third reading, read the third time, and passed.
sideration of the bill (H. R. 1549) granting a pension to Lela
E T T O SA U L J. R G R , D C A E .
SAE F ME
OES EESD
L. Ellis.
The Secretary read the bill; and there being no objection,
M KEAN. I ask unanimous consent for the present con­
r.
sideration of the bill (H. R. 12712) for the relief of the estate the Senate, as in Committee of the Whole, proceeded to its con­
sideration. It proposes to place on the pension roll the name
of Samuel J. Rogers, deceased.
' There being no objection, the Senate, as in Committee of the of Lela L. Ellis, widow of Luke T. Ellis, late of Company C,
Whole, proceeded to consider the bill. It directs the Secretary First Regiment Tennessee Infantry, war with Spain, and pay
of the Treasury to redeem, in favor of the estate of Samuel j. her a pension at the rate of $12 per month.
The bill was reported to the Senate without amendment,
Rogers, United States 4 per cent registered bond, funded loan
of 1907, No. 27101, for $500, inscribed in name of Samuel J. ordered to a third reading, read the third time, and passed.
Rogers, and alleged to have been lost.
A E D E TO C PR H AT
M N M N F O Y IG T C S.
The bill was reported to the Senate without amendment,
M SM
r.
OOT. I ask unanimous consent for the present con­
ordered to a third reading, read the third time, and passed.
sideration of the bill (H. R. 2S192) to amend and consolidate
C R A O F E S O T E SIG A C R S
E T IN F IC R F H
N L O P.
the acts respecting copyright. The bill has come over from the
M KEAN. I ask unanimous consent for the present con­ House, and is a substitute for Senate bill 9440 on the calendar.
r.
M OVERMAN. Has the Senator from Texas [Mr. Culber­
r.
sideration of the bill (H. R. 2950) for the relief of certain offi­
son] withdrawn his objection to the bill?
cers of the United States Signal Corps.
M SMOOT. I am authorized to state that the Senator from
r.
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill. It proposes that the Texas has withdrawn his objection to the bill.
M DANIEL. I should like to have a brief explanation of
r.
expenses of operating and keeping in repair the northwestern
section of the United States military telegraph lines (from Bis­ the bill. There have been recently some controverted questions
marck to Fort Ellis and connections), constructed under act of about copyright discussed. I should like to know the theory
Congress approved .Tune 20, 1S7S, which, between the 20th day and principle of the bill. It is quite a lengthy measure.
M ALDRICH. I suggest that the bill be read for the in­
r.
of June, 1878, and the 30th day of June, 1S83, may have been
paid out of moneys received from dispatches sent over said formation of the Senate.
The VICE-PRESIDENT. The Secretary will read the bill.
section, be authorized and allowed.
The Secretary proeeded to read the bill.
The bill was reported to the Senate without amendment,
M OVERMAN. I wish to ask the Senator if he knows
r.
ordered to a third reading, read the third time, and passed.
whether the bill gives the right to the courts to allow attorneys’
R C A A IO O A ID L N S.
E L MT N F R
AD
fees to the complainant?
M KEAN, from the Committee to Audit and Control the Con­
r.
M SM
r.
OOT. I do not so understand it.
tingent Expenses of the Senate, to whom was referred the
Mr. OVERMAN. That is what I gathered from the reading.
Senate resolution 324 submitted yesterday by M Carter, re­ It permits the court to allow attorneys’ fees to the complainant.
r.
ported it without amendment, and it was considered by unani­
M SM
r.
OOT. In what section?
mous consent and agreed to, as follows:
M OVERMAN. Let it be read again.
r.
R e s o l v e d , Tbat the Committee on Irrigation be, and it is hereby, au­
The VICE-PRESIDENT. The Secretary will again read the
thorized and directed, by subcommittee or otherwise, to visit, during the
recess of the Senate, such reclamation works of the United States ; section.
Reclamation Service as in the committee’s judgment should be examined,
The Secretary read as follows:

ask for the present consideration of the b
iJ
(
for the relief of .T Blair Shoenfelt, former Unite
.
^States Indian agent, Union Agency, Okia.
House bUls01'' 1 um
lerst0CK tbat we were to consider onl
i
}

M OVERMAN. I do not like that provision. T do not
r.
think the court ought to have the right to allow attorneys’ fees
in any case.
M SMOOT. This is in a case where the manufacturer is to
r.
report on the 20th of every month the amount of royalty that
was due the composer. In case he does not report, certain

1909,

CONGRESSIONAL RECORD— SE N A TE . -

3823

1910 (estim ated).
A s illustrating that, I w ill state that the expenditures esti­
$825, 340, 712. 00
mated for 1910 exceed those of 1903, the first year for the expend­ Revenues —
Expenditures
968, 387, 508. 01
itures of which the present adm inistration is responsible, by
Deficit---------------------------------------------------------- 143,046, 796. 01
more than $328,000,000, or an increase of about 51 per cent. The
estim ated expenditures for 1910, as made by the Secretary of
This expenditure is $05,590,552.01 greater than the estim ated
the Treasury, exceed those of 1902, the last year for which the total expenditure for 1909 and $32S,064,055.73 more than the
M cKinley adm inistration w as fu lly responsible for expenditures, total expenditure for 1903, or an increase in governmental ex­
more than $375,000,000, or an increase o f about G3 per cent in penditures in seven years o f more than 51 per ceut.
The total receipts and expenditures for 1902, the last full year
eight years.
W ith th is general statement, Mr. President, I ask that the of the adm inistration o f President McKinley, were as fo llo w s:
statem ent which I send to the desk may be printed in the Receipts -----------------------------------------------------------------$084, 326, 280. 47
R

Expenditures----------------------------------------------------------

ecor d .

The VICE-PRESIDENT. W ithout objection, it is so ordered.
The statement referred to is as fo llo w s:
Total revenues and expenditures for the years named, as shown by the
reports of the Secretary of the Treasury.

1003.
Revenues_________________________________________ $694, 621, 117. 64
Expenditures-------------------------------------------------------- 640, 323, 450. 28
Surplus------------------------------------------------------1904.
Revenues_________________________________________
Expenditures--------------------------------------------------------

54, 297, 667. 36
684, 214, 373. 74
725, 984, 945. 65

Deficit--------------------------------------------------------

41, 770, 571. 91

The sum of $50,104,500 w as paid th is year on the Panama
Canal. Aside from this amount expenditures increased for the
year more than $3o,000,000 over the previous year.
1905.
Revenues--------------------------------------------------

E x p en d itu res-------------------------------------------------------------------------

Deficit---------------------------------------------------------

$697,101, 269. 95
720, 105, 498. 55

03 >004, 228. 60

Three million nine hundred and eighteen thousand eight hun­
dred and nineteen dollars and eighty-three cents w as paid this
year on the I anama Canal, i t w ill be observed that, om itting
the Panama Canal expenditures for 1904 and 1905. all other
expenditures for 1905 exceeded those of 1904 more than $40,000,000 and those o f 1903 more than $75,000,000.
1906.

R even u es-------------------------------------------------E x p e n d itu r e s ----------------------------------------------

_

~

Surplus-----------------------------------------------------------------

§ 7 6 2 ,3 8 6 ,9 0 4 .6 2
7 3 6 ,7 1 7 ,5 8 2 .0 1
25, 669, 322. 61

The sum of $19,379,373.71 w as paid th is year on the Panama
Canal. Omitting all expenditures for the canal, it w ill be seen
that expenditures for all other purposes for 1900 were $1,151,529.58 greater than for 1905, and about $77,000,000 greater than
for 1903. Including the canal expenditures, it is found that the
total expenditures for 1906 are more than $16,000,000 greater
than for 1905, about $9,000,000 greater than for 1904, the
year when the extraordinary expenditure of $50,000,000 was
made for the canal, and more than $96,000,000 larger than in
1903.
R evenues-----------------------E x p en d itu res___________

1 00«.

IIIIIIIIIIIIIIIIIIIIIIIIII

Surplus____________________________

$ 8 4 6 ,7 2 5 ,3 3 9 .6 2
762, 488, 753. 32

84, 236, 586. 30

Twenty-seven m illion one hundred and ninety-eight thousand
six hundred and eighteen dollars and seventy-one cents was
spent this year on the Panama Canal. Omitting th e canal ex­
penditures, it is found that total expenditures for all other
purposes for 1907 were $17,951,926.31 greater than for 1906
and $94,966,684.33 more than for 1903. Including the canal
expenditures, the total for 1907 w as $25,771,171.31 more than for
1906, $42,383,254.77 more than for 1905, $36,503,807.67 more than
for 1904. and $122,165,303.04 more than for 1903, or an aggre­
gate increase o f total expenditures for the four years over 1903
o f $226,823,536.79, and, om itting total canal expenditures of
$100,661,312.25, an aggregate increase of $126,162,224.54 over
1903.

Surplus-------------------------------------------------------

503,038, 904. 90

91, 287, 375. 57

It w ill thus be seen that the expenditures of the last year of
the adm inistration of President Roosevelt exceed those o f the
last year of President McKinley $375,348,603.11, or an increase
of more than 63 per cent.
Mr. CULBERSON. A t the suggestion of the Senator from
G eorgia [Mr. C l a y ] I ask that the additional statem ent which
I send to the desk be also printed in connection w ith the state­
ment w ith reference to expenditures.
The VICE-PRESIDENT. W ithout objection, it is so ordered.
The statem ent referred to is a s fo llo w s:
Appropriations Appropriations Appropriations
1910, as passed
1898.
1909.
Senate.

Title.
Agricultural............................
Army......................................
Diplomatic and consular.......
District of Columbia.............
Fortifications------------------Indian.....................................
Legislative..... .......................
Military Academy..................
Naval___________________
Pension...................................
Post-office---------- -------.......
Sundry civil...........................

$3,182,902.00
23,129,344.30
1,695,308.76
6,186,991.06
9,517,141.00
7,674,120.89
21,690,766.90
479,572.83
33,003,234.19
141,263,880.00
53,611,783.38
05,665,338.75

$11,672,106.00
95,382,247.01
3,538,852.72
10,001,888.85
9,316,745.00
9,253,347.87
32,832,913.50
845,634.87
122,663,885.47
163,053,000.00
111,958,088.23
222,970,892.00

$13,075,716.00
102,636,050.34
3,G46,5S6.67
12,089,872.16
8.320.111.00
11.439.128.00
32.326.084.00
2,541,421.33
137,035,199.05
160,908,000.00
138,744,564.93
234,453,370.00
9.435.750.00

Total______________
Deficiencies—
................. ........
Miscellaneous............... ..........

897,100,384.06
10,557,417.34
999,057.90

793,489,602.12
56,702,309.06
4,011,337.26

806,974,628.48
20,933,493.27
2,000,000.00

Total.............................
Permanent, specific, and in­
definite appropriations.......

408,656,859.30

854,203,248.44

899,918,121.75

120,078,220.00

154,194,295.12

160,096,082.52

528,735,079.30 1,008,397,543.56

1,060,014,204.27

Grand to tal---.............

NATIONAL WATERWAY'S COMMISSION.

The VICE-PRESIDENT. The Chair announces the appoint­
ment of the follow ing Senators a s members of the commission
created by the act for the improvement of rivers and harbors:
Tlie Senator from New Hampshire, Mr. Gallingeb ; the Sena­
tor from W ashington, Mr. P il e s ; the Senator from Michigan,
Mr. S m i t h ; the Senator from North Carolina, Mr. Sim m o n s ;
___,
and the Senator from Arkansas, Mr. Clabke .
JOINT COM
MITTEE ON THE REVISION O THE LAWS.
F

The VICE-PRESIDENT appointed Mr. II eybubn , Mr. S u th ­
erland, Mr. P iles , Mr. T eller, and Mr. O wen members on the
part of the Senate of the Joint Committee on the Revision of
the Laws.
-— _______ _
INAUGURAL CEREMONIES.

Mr. KNOX submitted the follow ing resolution (S. Res. 323),
which w as considered by unanimous consent and agreed to.
Resolved, T h a t the Inaugural ceremonies o f the President and VicePresident take place In the Senate Chamber im m ediately a fte r the
organ ization o f the Senate, instead o f a t the east p ortico as hereto­
fore ordered.

PRESIDENTIAL APPROVALS.

A message from the President of the United States, by Mr.
M. C. Latta, one o f bis secretaries, announced that the P resi­
1908
dent bad approved and signed the follow ing a c t s :
Revenues.______
___ I _____________ $792,604,781.94
Expenditures __________________ —
___ _______ 850, 674, 983. 09
On March 2, 1909:
S. 9422. An act granting pensions and increase o f pensions to
Deficit_____________________________ 58, 070, 201. 15
In this year Panama Canal expenditures were $3S,093,425.29. certain soldiers and sailors of the civil war and to certain
O m itting such expenditures for both years, the total expendi­ widows and helpless and dependent relatives o f such soldiers
tures for all other purposes wore $77,291,423.19 larger in 1908 and sailors;
S. 9242. An act granting pensions and increase of pensions to
than in 1907, and $172,258,107.52 more than for 1903. Includ­
ing disbursem ents for the canal, the expenditures for 190S were certain soldiers and sailors o f the civil war and to the w idow s
$88,186,227.77 more than for 1907 and $210,351,530.81 more than and dependent and helpless relatives o f such soldiers and sailors •
S. 9454. An act granting pensions and increase o f pensions to
for 1903.
1000 (estimated).
certain soldiers and sailors of the civil war and to certain
$788, 706, 056. 00 widows and helpless and dependent relatives of such soldiers
Revenues_________________________—
902, 796, 956. 00
Expenditures_______________________
and sailors;
S. 9067. An act to grant pensions and increase of pensions to
D e fic it ___________________________________________
114’ 000>° ° ° - 00
T his is $52,121,972.91 more than the expenditures for 1908 certain soldiers and sailors of the c ivil war and to certain
w idow s and dependent relatives o f said sold iers;
and $2*12,473,503.72 more than for 1903.







3824

CONGRESSIONAL RECORD— SENATE.

S. 8854. An act for the relief of certain occupants of unsur­
veyed public lands in Craighead County, Ark.; and
S. 6074. An act to provide for holding sessions of the United
States circuit and district courts at Springfield,. Mass.
On March 3, 1909:
S. S554. An act authorizing the Secretary of the Interior to
sell part or all of the surplus lands of members of the Kaw or
Kansas and Osage tribes of Indians in Oklahoma, and for other
purposes ;
S. 9373. An act to provide for the sale of isolated tracts of
public land in Imperial County, Cal.;
S. 9006. An act to amend an act authorizing the Washington,
Spa Springs and Gretta Railroad Company of Maryland to enter
the District of Columbia, approved February 18, 1907;
S. 5729. An act to correct the records and authorize the re­
enlistment of certain noncommissioned officers and enlisted men
belonging to Companies B, C, and D of the Twenty-fifth U. S.
Infantry who were discharged without honor under Special Or­
ders, No. 266, War Department, November 9, 1906, and the
restoration to them of all rights of which they have been de­
prived on account thereof;
S. 8058. An act authorizing the Attorney-General to appoint
as special peace officers such employees of the Alaska school
service as may be named by the Secretary of the Interior;
S. S187. An act to change the name of the Washington Hos­
pital for Foundlings;
S. 8520. An act requiring reports of the Hospital for Found­
lings to be made to the Commissioners of the District of Colum­
bia ;
S. S899. An act granting pensions and increase of pensions to
soldiers and sailors of wars other than the civil war and to
certain widows and dependent relatives of such soldiers and
sailors;
S. 9278. An act granting pensions and increase of pensions to
certain soldiers and sailors of wars other than the civil war
and to certain dependent relatives of such soldiers and sailors;
and
S. 9421. An act granting pensions and increase of pensions to
certain soldiers and sailors of wars other than the civil war
and to certain dependent relatives of such soldiers and sailors,
such soldiers and sailors.
On March 4, 1909:
S. 7640. An act to extend the time for the completion of a
bridge across the Missouri River at Yankton, S. Dak., by the
Yankton, Norfolk and Southern Railway Company.
SEN
ATE B L S AND JOINT R SO TIO S R C IV D AND A P O E AT
EL
E LU N E E E
PRVD
THE C P O THE M R IN O M
A IT L
O N G F ARCH 4, 1909.

Maech 4,

S. 8555. An act to relinquish the interest of the United States
in and to certain land in Dade County, Fla., to John M
.
Bryan, jr.;
S. 8822. An act providing for the relinquishment by the United
States of certain lands to the county of Kootenai, in the State
of Idaho;
S. 8929. An act withdrawing from entry and sale and granting
unto the city of Los Angeles, in the State of California, certain
lands therein described;
S. R. 105. Joint resolution for the purpose of more fully car­
rying into effect the convention concluded at Brussels on March
15, 1886, in reference to the exchange of official journals, etc.;
S. It. 119. Joint resolution authorizing the Secretary of War
to award gold medals to Orville Wright and Wilbur Wright;
and
S. R. 140. Joint resolution to create a joint committee to con­
sider the revision and codification of the laws of the United
States.
N TIFICATIO T THE P E E T
O
N O
R SID N .

A message from the House of Representatives, by M W J.
r. .
Browning, its Chief Clerk, announced that the Speaker of the
House had appointed M T ownsend, M S cott, and M Clark
r.
r.
r.
of Missouri, members of the committee on the part of the
House to join a similar committee on the part of the Senate
to wait upon the President of the United States and inform
him that the two Houses have completed the business of the
present session and are ready to adjourn.
M CULLOM submitted the following resolution (S. Res.
r.
324), which was considered by unanimous consent and agreed to.
R esolved, That a committee of two Senators be appointed by the
Vice-President to join a similar committee appointed by the House of
Representatives to wait upon the President of the United States and
inform him that the two Houses, having completed the business of the
present session, are ready to adjourn unless the President has some
other communication to make to them.
The VICE-PRESIDENT appointed M Cullom and M T el­
r.
r.

members of the committee on the part of the Senate.
Subsequently M Cullom and M T eller, the committee
r.
r.
appointed on the part of the Senate to wait upon the President
of the United States, appeared, and
M CULLOM said: M President, the committee appointed
r.
r.
on the part of the Senate to wait upon the President in con­
junction with a similar committee of the House have performed
that duty, and the President stated to the committee that he
had no further communication to make.
ler

THANKS T THE V E R SID N .
O
IC -P E E T

M CULBERSON. M President, I submit a resolution and
r.
r.
S. 671. An act to construct a rodd along the south bank of the ask unanimous consent for its present consideration. chair).,
The PRESIDING OFFICER (Mr. G allinger in the
Anacostia River;
The Senator from Texas submits a resolution, which will be
S. 1163. An act to correct the naval record of Peter H. Brodie, read.
alias Patrick Torbett;
The resolution (S. Res. 325) was read, considered by unani­
S. 1752. An act to reimburse Garrett R. Bradley, late post­ mous consent, and unanimously agreed to, as follows:
master at Tonopah, Nev., for money expended for clerical
R esolved, That the thanks of the Senate are hereby tendered to Hon.
assistance;
Charles w . Fairbanks. Vice-President of the United States and Presi­
dent of the Senate, for the dignified, impartial, and courteous manner
S. 2489. An act for the relief of Harry G Rupp;
.
in which
S. 2982. An act to codify, revise, and amend the penal laws session. he has presided over its deliberations during the present
of the United States;
GE
U STS O THE SEN
F
ATE.
S. 3452. An act for the relief of Joseph Schrembs;
At 11 o’clock and 43 minutes a. m. the ambassadors of and
S. 3810. An act for the relief of Howard B. Carpenter;
S. 3952. An act to restore to the active list of the United ministers plenipotentiary from foreign countries were announced
and occupied the seats provided for them. They were soon fol­
States Marine Corps the name of Robert Morgan Gilson;
lowed
S. 4035. An act to provide for the payment of certain claims of the by the Chief Justice and associate justices and officers
Supreme Court.
against the District of Columbia in accordance with the act of Con­
The Members of
gress approved January 26, 1897, and as amended July 19, 1S97; the Speaker, Clerk, the House of Representatives, preceded by
and Sergeant-at-Arms, entered the Senate
S. 4103. An act authorizing the Secretary of the Interior to
Speaker was given
ascertain the amount due O bah baum, and pay the same out of Chamber. The the Clerk occupied a seat on the right of the
Vice-President,
a
the Secretary's
the fund known as “ For the relief and civilization of the Chip­ desk, the Sergeant-at-Arms near hin),seat atthe Members of
and
pewa Indians;”
the House took the seats on the fioor assigned them.
S. 5349. An act for the relief of Madison County, Ky.;
The Vice-President-elect (J ames S. S herman , of New York)
S. 5510. An act for the relief of the owners of the tug Juno;
r.
S. 5905. An act for the relief of the executors of the estate of was announced, and was escorted by M Lodge to a seat on the
right of the Vice-President.
Harold Brown, deceased;
The President, Theodore Roosevelt, of New York, and the
S. 6055. An act to amend section 691 of subchapter 7, building
associations, of the Code of Law for the District of Columbia; President-elect, William H. Taft, of Ohio, were announced and
escorted by M K nox and M Lodge, of the Joint Committee of
r.
r.
S. 6373. An act waiving the statute of limitations as to the
claim of the Nestler Brewing Company, and authorizing the Arrangements, to seats in the space in front of the Secretary's
desk, the members of the joint committee of the two Houses
Commissioner of Internal Revenue to adjudicate the same;
occupying seats on either side of them.
S. 7782. An act for the relief of James H. Owen;
The heads of the executive departments, the Chief of Staff
S. 7785. An act relative to outward alien manifests on certain
vessels;
of the Army and his aid, the Admiral of the Navy and his aid,
and the other invited guests of the Senate occupied seats on tho,An act for the relief of B. D. Crocker;
floor of the Senate.
N
BteamsM M “
p «ro«;
^ relief °f the °'V er3 of the Britisb
U
ADMINISTRATION OF OATH TO VICE-PRESIDENT-ELECT.
euiI,0'vering the juvenile court of the District
The VICE-PRESIDENT administered the oath of office pre-,
of Columbia to issue execution on forfeited recognizances;
scribed by law to the Vice-President-elect.